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HomeMy WebLinkAbout13-5240 Supreme Cout.o ennsylvania Cour tbf Common Pleas For Prothonotary Use Only: Civi -Cover "Sheet Docket No: S' jflJ � / Ce..T+,6 �.�a.. o� „ County !� �J�� ! v C)v�( o ,l The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bylaw or rules of court. Commencement of Action: ® Complaint 0 Writ of Summons Petition iS M Transfer from Another Jurisdiction 0 Declaration of Taking „C Lead Plaintiff's Name: Lead Defendant's Name: NANCY BRECCIAROLI KINGS POINT VENTURES, LLC rip Dollar Amount Requested: Owithin arbitration limits Y Are money damages requested? J Yes No (check one) ©x outside arbitration limits 1 0 N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? Yes No A?� Name of Plaintiff /Appellant's Attorney: MICHAEL F. BROWN, ESQUIRE Check here if you have no attorney (are a Self- Represented JPro Sep Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Q Malicious Prosecution © Debt Collection: Credit Card Q Board of Assessment Motor Vehicle In Debt Collection: Other Board of Elections 0 Nuisance 0 Dept. of Transportation J Premises Liability Statutory Appeal: Other S ® Product Liability (does not include I mass tort) Employment Dispute: E D Slander/Libel/ Defamation Discrimination ❑� Employment Dispute: Other Zoning El Other: � g Board T ❑ Other: I I Other: MASS TORT El Asbestos N- 0 Tobacco p`^ Q Toxic Tort - DES ®Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 1] Toxic Waste Di Ejectment 13 Common Law /Statutory Arbitration 0 Other: ❑ B Q Eminent Domain /Condemnation W Declaratory Judgment Ground Rent 0 Mandamus Landlord/Tenant Dispute Q Non - Domestic Relations f ❑� Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto Dental 0 Partition 0 Replevin 'c Legal 0 Quiet Title 0 Other: T .; Q Medical 0 Other: Other Professional: i L Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NANCY BRECCIAROLI and THOMAS BRECCIAROLI, Husband and Wife, 798 Cornelia Drive Huntsville, AL 35802 I Case No. � 3 " VU V. Civil Action KINGS POINT VENTURES, LLC 555 South Columbus Avenue Mount Vernon, NY 10550 MEN AT WORK MANAGEMENT, LLC - H 555 South Columbus Avenue �� Fri r ` Mount Vernon, NY 10550 =;:o -<> Q c:s RUTH FAMILY LIMITED PARTNERSHIP <� 2367 Forest Hills Drive Harrisburg, PA 17112,.. r.3 s Fr , rfi PRAECIPE FOR WRIT OF SUMMONS " TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case. Writ of Summons shall be issued and forwarded t Attorne Sh riff. Please circle choice) Date: .7 ignature of Attorney Michael F. Brown, Esquire Serratelli, Schiffman & Brown, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540 -9170 (717) 540 -5481 - fax (J Supreme Court ID Number: 24898 y �y 5_ 7 WRIT OF SUMMONS I TO: �(�� S P o ll I Ucn CGS ,� /�� eK R /�Ja /�C Iati�J n *e.-� LAC 44 / ,— K F'," Jy 4)w lfeu Ta 461 e" YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. _ Prothonotary /Clerk, Civil Division Date: S�(� �J.� 0 �. B Deputy 4 - lir ,, tt t n;i3„ SAP 23 P1 2: 1 ANGINO&ROVNER,P.C. n David L. Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @ angino-rovner.com NANCY BRECCIAROLI and THOMAS IN THE COURT OF COMMON PLEAS BRECCIAROLI, Husband and Wife, CUMBERLAND COUNTY, PA Plaintiffs NO. 13-5240 CIVIL TERM v. CIVIL ACTION—LAW KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; and RUTH FAMILY LIMITED PARTNERSHIP, Defendants JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please enter my appearance on behalf of Plaintiffs in the above-captioned matter. ANGINO & ROVNER, P.C. Nbigtf a. Lutz P• I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz @angino-rovner.com Attorney for Plaintiffs Date: et --)-3 -1 ORIGINAL 535895 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael F. Brown, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Attorney for Plaintiffs I ' ) j Mary T. Geraets Dated: t-1 -i/ 535895 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 4&a r Chief Deputy = Richard W Stewart - t C� Solicitor OFF4Z OF 7RE�YERIFF _,c., :7-CD CD , Nancy Brecciaroli (et al.) ` vs. Case'�lumber Kings Point Ventures, LLC (et al.) 2013-5240 SHERIFF'S RETURN OF SERVICE 09/24/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ruth Family Limited Partnership, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 10/07/2013 06:05 PM -The requested Writ of Summons served by the Sheriff of Dauphin County upon Michelle Ruth, Partner,who accepted for Ruth Family Limited Partnership, at 2367 Forest Hills Drive, Harrisburg, PA 17112. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, October 07, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoff.Inc. Cp . ` Shelley Ruhl Jack Duignan Real Esta a Deputy * Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania NANCY BRECCIAROLI AND THOMAS BRECCIAROLI, H/W VS County of Dauphin RUTH FAMILY LIMITED PARTNERSHIP Sheriff s Return No. 2013-T-2640 OTHER COUNTY NO. 2013-5240 And now: OCTOBER 1, 2013 at 6:05:00 PM served the within WRIT OF SUMMONS upon RUTH FAMILY LIMITED PARTNERSHIP by personally handing to MICHELLE RUTH * 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 2367 FOREST HILLS DRIVE HARRISBURG PA 17112 * PARTNER Sworn and subscribed to So Answers, before me this 3RD day of October, 2013 QAlc- Sheriff of D hin Co By COMMONWEALTH OF PENNSYLVANIA Doftty heriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $49.25 9/27/2013 My Commission Expires August 17,2014 pRo oc, 11 P 2; 55 r��t UMSERLASO OM ( ? Nt�S �VANIA ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com NANCY BRECCIAROLI and THOMAS IN THE COURT OF COMMON PLEAS BRECCIAROLI, Husband and Wife, CUMBERLAND COUNTY, PA Plaintiffs NO. 13-5240 CIVIL TERM v. CIVIL ACTION—LAW KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; and RUTH FAMILY LIMITED PARTNERSHIP, Defendants JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please reissue the Writ of Summons in the above-captioned action. ANGINO & ROVNER, P.C. r� 44 David . Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz@angino-rovner.com Attorney for Plaintiffs DATE: 10/10/13 - 11 .15 6) a c 9/94 537399 dlOSO Oiyo rArt ? CU B RL,4 ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com NANCY BRECCIAROLI and THOMAS IN THE COURT OF COMMON PLEAS BRECCIAROLI, Husband and Wife, CUMBERLAND COUNTY, PA Plaintiffs NO. 13-5240 CIVIL TERM V. CIVIL ACTION—LAW KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC, and RUTH FAMILY LIMITED PARTNERSHIP, Defendants JURY TRIAL DEMANDED SECOND PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary of Cumberland County: Please reissue the Writ of Summons in the above-captioned action. ANCANO & ROVNER, P.C. L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717)238-5610—fax dlutz @angino-rovner.com Attorney for Plaintiffs ��`� 11 Gti}� Date: _ '1 C k, t 9 203 1 @q wso3 ORIGINAL. 540587 13-021188 r `..: i i 0?.a l;,i!, , LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 13 NOV 27 I'i' I: W e Camp Hill, PA 17011 -R, 4 , , Telephone Number: (717) 731-0988 :l- 'i ENN-i�s`,��GOUlA1T PENNSYLVANIA Attorneys for Defendants, Kings Point Ventures, LCC, Men at Work Management, LLC and Ruth Family Limited Partnership NANCY BRECCIAROLI AND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS BRECCIAROLI, HUSBAND AND WIFE, PLAINTIFFS VS. No. 13-5240 KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; AND RUTH FAMILY LIMITED PARTNERSHIP, CIVIL ACTION - LAW DEFENDANTS JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Kings Point Ventures, LCC, Men at Work Management, LLC and Ruth Family Limited Partnership. The Defendants reserve the right to otherwise plead in this matter. Respectfully submitt-:, A, = ''1 • IC OF : YDE' : DO.= - / / Date: November 26, 2013 - 1 In,• Ts—, R. Dorer, squire Attorney for Defendants Court I.D. No. 39126 13-021188 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Kings Point Ventures, LCC, Men at Work Management, LLC and Ruth Family Limited Partnership NANCY BRECCIAROLI AND IN THE COURT OF COMMON PLEAS THOMAS BRECCIAROLI, CUMBERLAND COUNTY, PENNSYLVANIA HUSBAND AND WIFE, PLAINTIFFS VS. No. 13-5240 KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; AND RUTH FAMILY LIMITED PARTNERSHIP, CIVIL ACTION - LAW JURY URY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 1711Q- 798 Attorney for Pla• Date: November 26, 2013 ,L M 7"— ' 1! Attorney for Defendants Court I.D. No. 39126 OF Ti l- P�i�r�F�L� UWRY CUMBERLAND COUNTY PL EN'S YLVANIA ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com NANCY BRECCIAROLI and THOMAS IN THE COURT OF COMMON PLEAS BRECCIAROLI, Husband and Wife, CUMBERLAND COUNTY, PA Plaintiffs NO. 13-5240 CIVIL TERM V. CIVIL ACTION—LAW KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; and RUTH FAMILY LIMITED PARTNERSHIP, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ORIGINAL. 535023 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas-presentadas aqui en contra suya. Se le advierte de .que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE 1NFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 1.7108 TELEFONO 1-800-692-7375 535023 ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com NANCY BRECCIAROLI and THOMAS IN THE COURT OF COMMON PLEAS BRECCIAROLI, Husband and Wife, CUMBERLAND COUNTY, PA Plaintiffs NO. 13-5240 CIVIL TERM V. CIVIL ACTION—LAW KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; and RUTH FAMILY LIMITED PARTNERSHIP, . Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Nancy and Thomas Brecciaroli are adult individuals and citizens of Huntsville, Alabama. 2. Defendant Kings Point Ventures, LLC, is a limited liability corporation located at 555 South Columbus Avenue, Mount Vernon, NY, 10550, and owns, manages, and operates a Dunkin Donuts located at 1651 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Men at Work Management, LLC, is a limited liability corporation located at 555 South Columbus Avenue, Mount Vernon, NY 10550, and owns, manages, and operates a Dunkin Donuts located at 1651 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 4. Defendant Ruth Family Limited Partnership is a partnership located at 2367 Forest Hills Drive, Harrisburg, Dauphin County, Pennsylvania, 17112, and owns, manages, and 535023 operates a Dunkin Donuts located at 1651 Harrisburg Pike, Carlisle,. Cumberland County, Pennsylvania. 5. The aforesaid Defendants own, manage, and operate the Dunkin Donuts located at 1651 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. Said Defendants do business as Dunkin Donuts and will hereinafter be referred to as "Dunkin Donuts." 6. The facts and occurrences hereinafter related took place on or about September 7, 2011, at the Dunkin Donuts store located at 1651 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 7. At that time and place, Plaintiffs Nancy and Thomas Brecciaroli were preparing to enter the front door of the Dunkin Donuts located at 1651 Harrisburg Pike. 8. Mr. Brecciaroli opened the front door for his wife Nancy Brecciaroli. As soon as Mrs. Brecciaroli stepped into the vestibule area, she slipped and fell on a wet tile floor, causing her personal injuries. 9. Before Mrs. Brecciaroli's fall, employees of Dunkin Donuts were under a duty to make sure that the vestibule area was safe for customers and not slippery. 10. Before Mrs. Brecciaroli's fall, Dunkin Donuts did not place a skid resistant mat in the vestibule area. 11. The aforementioned slip and fall and all of the injuries and damages as set forth hereinafter sustained by Plaintiffs Nancy and Thomas Brecciaroli are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Dunkin Donuts maintained, policed, warned, and inspected their property as follows: 535023 2 a. failure to properly keep the vestibule of Dunkin Donuts free of wet floors and other dangers which were hazardous to persons walking in to the front door of Dunkin Donuts; b. failure to properly inspect the vestibule of Dunkin Donuts to ensure that it was safe for business invitees; C. failure to properly post warnings, signs, or other means of warning persons walking inside of the front door of Dunkin Donuts where the dangerous condition was not readily evident; d. being aware of a danger condition in the Dunkin Donuts' vestibule area and failing to make it safe for business invitees; e. failure to exercise the high degree of care that a business owes to a business invitee wherein the business is open to the public. CLAIM I Nancy Brecciaroli v. Kings Point Ventures, LLC; Men at Work Management, LLC; and Ruth Family Limited Partnership 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference. 14. As a direct and proximate result of the negligence of the Defendants, as more fully articulated above, Plaintiff Nancy Brecciaroli sustained painful and severe injuries, which include but are not limited to trauma to her low back and right wrist causing a fracture of the right distal radius and ulna necessitating open reduction internal fixation surgery and right ulnar nerve transposition surgery. 535023 3 15. By reason of the aforesaid injuries sustained by Nancy Brecciaroli, she was forced to incur liability for medical treatment, surgery, physical therapy, and miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 16. Because of the nature of her injuries, Nancy Brecciaroli has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 17. As a result of the aforementioned injuries, Nancy Brecciaroli has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 18. As a result of the aforementioned injuries, Nancy Brecciaroli has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 19. As a result of the aforementioned injuries and required surgery, Nancy Brecciaroli has sustained disfigurement as a result of the surgical scars. 20. Nancy Brecciaroli continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries are of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II Thomas Brecciaroli v. Kings Point Ventures, LLC; Men at Work Management, LLC; and Ruth Family Limited Partnership 21, Paragraphs 1 through 20 of the Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by his wife, Plaintiff Nancy Brecciaroli, Plaintiff Thomas Brecciaroli has been and may in the future be deprived of the care, 535023 4 companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Nancy Brecciaroli and Thomas Brecciaroli demand judgment against Defendants Kings Point Ventures, LLC; Men at Work Management, LLC; and Ruth Family Limited Partnership in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. D i tz A I. o. 35956 4503 N. ront Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz@angino-rovner.com Dated: Attorney for Plaintiffs fZ 535023 5 VERIFICATION We, Nancy and Thomas Brecciaroli, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904,relating to unsworn falsification to authorities. Witness Nancy Brec aroli Witness Thomas Brecciaroli Dated: 535023 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the COMPLAINT upon all counsel for record via postage prepaid first class United States mail addressed as follows: Donald R:Dorer, Esquire Snyder&Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Counsel for,,Defendants Mary T. eraets . Dated: 541156 13-021188 << LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 "l ` jilN 29 p: Camp Hill, PA 17011 ;Ir`!�' Telephone Number: (717) 731-0988 p�`N'4`SY(/D OUN'T Attorneys for Defendants, Kings Point dI Ventures, LCC, Men at Work Management, LLC and Ruth Family Limited Partnership NANCY BRECCIAROLI AND IN THE COURT OF COMMON PLEAS THOMAS BRECCIAROLI, CUMBERLAND COUNTY, PENNSYLVANIA HUSBAND AND WIFE, PLAINTIFFS VS. No. 13-5240 KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; AND RUTH FAMILY LIMITED PARTNERSHIP, CIVIL ACTION - LAW DEFENDANTS JURY TRIAL DEMANDED ANSWER TO COMPLAINT 1. Admitted. 2.-3. Admitted in part, denied in part. It is admitted only that said Defendants manage and/or operate a Dunkin Donuts located at 1651 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are specifically denied. 4. Admitted in part, denied in part. It is admitted only that Defendant, Ruth Family Limited Partnership, leases the premises at 1651 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are specifically denied. 5. Admitted in part, denied in part. The responses to paragraphs 2 through 4 hereinabove are incorporated by reference herein. 6. Admitted in part, denied in part. It is admitted only that an occurrence took place on or about September 7, 2011 at 1651 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 7. Paragraph 7 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 8. Paragraph 8 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 9. Paragraph 9 of Plaintiffs' Complaint sets forth a conclusion of law as to which no response is required. Should any allegations therein be deemed factual in nature, such allegations are generally denied pursuant to Pa. R.C.P. §1029(e). 10. Paragraph 10 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 11. Paragraph 11 of Plaintiffs' Complaint, including subparagraphs 11(a) through 11(e), sets forth a conclusion of law as to which no response is required. Should any allegations therein be deemed factual in nature, such allegations are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendants, Kings Point Ventures, LCC, Men at Work Management, LLC and Ruth Family Limited Partnership, respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. CLAIM I Nancy Brecciaroli v. Kings Point Ventures, LLC, Men at Work Management, LLC and Ruth Family Limited Partnership 1[3.] Paragraphs 1 through 1[2] are incorporated herein by reference, and made a part hereof as if set forth in full. 1[4]. Paragraph 1[4] of Plaintiffs' Complaint, sets forth a conclusion of law as to which no response is required. Should any allegations therein be deemed factual in nature, such allegations are generally denied pursuant to Pa. R.C.P. §1029(e). 1[5].-[20] Paragraphs 1[5] through [20]. of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). CLAIM II Thomas Brecciaroli v. Kings Point Ventures, LLC, Men at Work Management, LLC and Ruth Family Limited Partnership [21.] Paragraphs 1 through [20] are incorporated herein by reference, and made a part hereof as if set forth in full. 2[0]. Paragraph 2[0] of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). Respectfully submitted, LAW ' FICE I F S YDER & DORER Date: January 28, 2014 S. Donald R. Dorer, Esquire Attorney for Defendants Court I.D. No. 39126 13-021188 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Kings Point Ventures, LCC, Men at Work Management, LLC and Ruth Family Limited Partnership NANCY BRECCIAROLI AND IN THE COURT OF COMMON PLEAS THOMAS BRECCIAROLI, CUMBERLAND COUNTY, PENNSYLVANIA HUSBAND AND WIFE, PLAINTIFFS VS. No. 13-5240 KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; AND RUTH FAMILY LIMITED PARTNERSHIP, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for Defendants, Kings Point Ventures, LLC, Men at Work Management, LLC and Ruth Family Limited Partnership in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 0 Date: January 28, 2014 ,1_ II• ald R. Dorr, Esquire Attorney for Defendants Court I.D. No. 39126 , 13-021188 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Kings Point Ventures, LCC, Men at Work Management, LLC and Ruth Family Limited Partnership NANCY BRECCIAROLI AND IN THE COURT OF COMMON PLEAS THOMAS BRECCIAROLI, CUMBERLAND COUNTY, PENNSYLVANIA HUSBAND AND WIFE, PLAINTIFFS VS. No. 13-5240 KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; AND RUTH FAMILY LIMITED PARTNERSHIP, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer to Complaint to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 718 Attorney for Plaints Date: January 28, 2014 Ion. d R. Dorer, Esquire Attorney for Defendants Court I.D. No. 39126 i' OF HE PR THaFVDf 2014 JUL 16 pill I: 31 PElNS/.Vp1 NT PENNSYLVANIA q F�lq 7 ANGINO & LUTZ, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff E mail: dlutz@anginolutz.com NANCY BRECCIAROLI and THOMAS BRECCIAROLL ; Husband and Wife, Plaintiffs v. KINGS POINT VENTURES, LCC; MEN AT WORK MANAGEMENT, LLC; and RUTH FAMILY LIMITED PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND -COUNTY, PA, NO. 13-5240 CIVIL TERM CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above -captioned action as settled, satisfied, and discontinued. ANGINO & LUTZ, P.C. Date: 7-')S'� d 554376 David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Lutz, P.C., do hereby certify that I am this day serving a true and correct copy of a PRAECIPE upon all counsel for record via postage prepaid first class United States mail addressed as follows: Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Counsel for Defendants Michelle M. Milojevich Dated: `71 554376