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Home My WebLink About14-0244 Supreme Court of Pennsylvania Court 'of-Common Pleas For Prothonotary Use Only: Civil Cover. Sheet Docket No: C ( 4 (A +✓ County /y- 2z The information collected on this form is used solely for court administration purposes. This form does not szrpplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: [I Complaint Writ of Summons Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T U l Rl�1 +�I � ' - G�-�� 2- r3�i ► y hEi t-�Cs , �� I Are more dam a g es re nested? C�'YeS ❑ No Dollar Amount Requested: ❑w thin arbitration limits Y g 9 (check one) outside arbitration limits O ,_,/ N Is this a Class Action Suit? F1 L� Yes No Is this an MDJAppeal? ❑ Yes Q/No A Name of Plaintiff /Appellant's Attorney: M1 C IM6 — T • W I LS J 0 + Q4Yz- /l° • 6 L FO ❑ Check here if you have no attorney (are a Self Represented {Pro Se{ 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 ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation [Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) El Employment Dispute: Discrimination ❑ Slander/Libel/ Defamation C ❑ Other: [] Employment Dispute: Other El Zoning Board El , I ❑ Other: O MASS TORT ' ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Was E] Common Law /Statutory Arbitration F1 Other: ❑Ejectment B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ' ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: i Updated 1/1/2011 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVNIA VIRGINIA T. CHAVEZ CIVIL 805 West Keller Street Mechanicsburg PA 17055, DOCKET NO. Plaintiff rn- -� V. u f"; " C:# BETTY HILLES, .Individually and doing business as � � STEEL MAGNOLIAS LD 3-, 893 Hawthorne Avenue = ' Mechanicsburg PA 17055 Defendants PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Issue a writ/writs of summons in law in this matter. The Writ(s) of Summons shall be issued for service upon each of the named Defendants. FOR THE PLAINTIFF: By: Michael J. Wilson Attorney at Law PA Bar ID No.: 52680 113 Iron Furnace Court Lewisberry PA 17339 -9339 717.795.6217 Ir 3 2 4 , 3 0630 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVNIA VIRGINIA T. CHAVEZ CIVIL 805 West Keller Street Mechanicsburg PA 17055, DOCKET NO. Plaintiff V. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS 893 Hawthorne Avenue Mechanicsburg PA 17055 Defendants WRIT OF SUMMONS TO: BETTY HILLES, doing business as STEEL MAGNOLIAS 893 Hawthorne Avenue Mechanicsburg PA 17055 .1, tYOt `ARJ� HEREBY NOTIFIED THAT VIRGINIA T. CHAVEZ HAS COMMENCED AN ACTION A YOU. Date: uai -2014 1 tr o 'r Prothonotary, Civil Division Court of Common Pleas *, r Cumberland County, Pennsylvania B (Deputy) ATTORNEY FOR THE PLAINTIFF: Michael J. Wilson Attorney at Law 113 Iron Furnace Court Lewisberry PA 17339 -9339 717.795.6217 PA Bar ID No.: 52680 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i Sheriff Jody S Smith Chief Deputy I J''. 17 11';' 2: %' Richard W Stewart Solicitor 'NNS Y Wtif I; Virginia T Chavez vs. Case Number Betty Hilles (et al.) 2014-244 SHERIFF'S RETURN OF SERVICE 01/10/2014 04:31 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Jessica Barnhart, Part business owner, who accepted as"Adult Person in Charge"for Betty Hilles at 893 Hawthorne Avenue, Upper Allen, Mechanicsburg, PA 17055. k sat, 's11 . DAWN KELL, DEPUTY 01/10/2014 04:31 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Jessica Barnhart, Part business owner, who accepted as"Adult Person in Charge"for Betty Hiles d/b/a Steel Magnolias at 893 Hawthorne Avenue, Upper Allen, Mechanicsburg, PA 17055. DAWN KELL, DEPUTY SHERIFF COST: $55.76 SO ANSWERS, January 13, 2014 RONNY ANDERSON, SHERIFF MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP BY: STEPHEN LEDVA, JR., ESQUIRE Attorney I.D. No. 42372 Attorney for Defendant, Centre Square, West Tower BETTY HILLES, Individually and doing 1500 Market Street business as STEEL MAGNOLIAS Suite 4100 Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 002330.000053 VIRGINIA T. CHAVEZ COURT OF COMMON PLEAS. -„ CUMBERLAND COUNTY r2 a r-; VS. 3.) y., -< rte•.. BETTY HILLES, Individually and doing NO. 14-244 CIVIL business as STEEL MAGNOLIAS tv ,-J ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS, in the within action. Defendant hereby demands a jury trial in this matter. Jury of twelve with alternates, demanded. MINTZER, SAItWITZ, ZERIS, LEDVA & MEYERS, LLP / BY: S PH .I V A JR., ESQUIRE Attorn-, for D, udant, BETTY HILLES, Individually Date: 01/27/2014 /and doing bu.in9ss as STEEL MAGNOLIAS MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP BY: STEPHEN LEDVA, JR., ESQUIRE Attorney I.D. No. 42372 Attorney for Defendant, Centre Square, West Tower BETTY HILLES, Individually and doing 1500 Market Street business as STEEL MAGNOLIAS Suite 4100 Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 002330.000053 VIRGINIA T. CHAVEZ COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. BETTY HILLES, Individually and doing NO. 14-244 CIVIL business as STEEL MAGNOLIAS CERTIFICATE OF SERVICE I, STEPHEN LEDVA, JR., ESQUIRE, do hereby certify that a true and correct copy of the within Entry of Appearance was forwarded by First Class Mail, postage pre- paid on the 27th day of January, 2014 as follows: MICHAEL J. WILSON, ESQUIRE 113 IRON FURNACE COURT LEWISBERRY, PA 17339-9339 r _ T_,PHE rDV:4F" ., ESQUIRE • MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP BY: STEPHEN LEDVA, JR., ESQUIRE Attorney I.D. No. 42372 Attorney for Defendant, Centre Square, West Tower BETTY HILLES, Individually and doing 1500 Market Street business as STEEL MAGNOLIAS Suite 4100 Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 002330.000053 VIRGINIA T. CHAVEZ COURT OF COMMON PLEAS - CUMBERLAND COUNTY mop vs. rn Cx.3 • Cnr:: N BETTY HILLES, Individually and doing NO. 14-244 CIVIL business as STEEL MAGNOLIAS <c,-; ? ca- r*C .' -) y C tV PRAECIPE FOR RULE TO FILE COMPLAINT -< ° TO THE PROTHONOTARY: Please enter a Rule upon plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. MINTZER, • ' OWITZ, ZERIS, LEDVA & MEYERS, LLP BY _ T ' ENL �'�A ��: 6 . • torney for Defe'dant, : TTY HILLES, Individually and Date: 2 / j AVy doing business as L MAGNOLIAS RULE TO FILE COMPLAINT AND NOW, this d( Day of / I.2 , 20 /fja Rule is hereby granted upon plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. 'iatt b . PROTHONOTARY �i a` MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP BY: STEPHEN LEDVA, JR., ESQUIRE Attorney I.D. No. 42372 Attorney for Defendant, Centre Square, West Tower BETTY HILLES, Individually and doing 1500 Market Street business as STEEL MAGNOLIAS Suite 4100 Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 002330.000053 VIRGINIA T. CHAVEZ COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. BETTY HILLES, Individually and doing NO. 14-244 CIVIL business as STEEL MAGNOLIAS CERTIFICATE OF SERVICE I, STEPHEN LEDVA, JR., ESQUIRE, do hereby certify that a true and correct copy of the within Praecipe for Rule to File Complaint was forwarded by First Class Mail, postage pre-paid on the/7+&day of February, 2014 as follows: MICHAEL J. WILSON, ESQUIRE 113 IRON FURNACE COURT LEWISBERRY, PA 17339-9339 TE'' 1 ! , ESQUIRE IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA T. CHAVEZ, Plaintiff V. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS Defendants NOTICE TO PLEAD TO: BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS c/o Attorney Stephen Ledva, Jr. Mintzer Sarowitz Zeris Ledva & Meyers LP Centre Square, West Tower 1500 Market Street, Suite 4100 Philadelphia PA 19102 CIVIL DOCKET NO. 2014 - 244 JURY TRIAL DEMAND N.) 0 N.) YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE . ENCLOSED NEW MATTER OF DEFENDANT AEGIS SECURITY INSURANCE COMPANY WITHIN 20 DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Dated: March 12, 2014 By: FOR THE PLAINTIFF: Michael J. Wilson Attorney at Law PA Bar ID No.: 52680 113 Iron Furnace Court Lewisberry PA 17339-9339 717.795.6217 r "t1 —t Efl rn r - "17 3 i 7.3 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA T. CHAVEZ CIVIL 805 West Keller Street Mechanicsburg PA 17055, DOCKET NO. Plaintiff 2014 - 244 v. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS 893 Hawthorne Avenue Mechanicsburg PA 17055 Defendants JURY TRIAL DEMAND COMPLAINT At all times relevant to the matters set forth herein, Plaintiff alleges that: 1. Plaintiff, Virginia T. Chavez, is an adult individual who resides at the above - captioned address. 2. Defendant, Betty Hilles, is an adult individual who resides at the above - referenced address. 3. Defendant, Steel Magnolias, is believed to be a sole proprietorship for profit and was owned and operated by Defendant Betty Hilles at the above - referenced address. 4. Defendant Hilles had converted a part of her personal residence to be used and maintained exclusively as a hair styling and nail salon named and known as Steel Magnolias (hereinafter "Salon "). 5. That part of the personal residence which is used and maintained exclusively as a Salon is built from and part of a two -car garage bay which was constructed and attached to the residential home when the entire residential structure was originally built. 1 6. Defendant Hi lles regularly invited or otherwise scheduled periodic appointments for various customer clientele to receive various hair styling and fingernail treatment and other related grooming services in exchange for or in consideration of payment of money from such customer clientele to the Salon. 7. Plaintiff was a regular customer at Steel Magnolias for many years who, absent unusual circumstances or necessary cancellations, had a standing appointment on Friday afternoons to have her hair cut and/or permed on a weekly basis. 8. At each appointment, Plaintiff was expected by Defendant Hilles to park her motor vehicle on the street next to the residence of Defendant Hilles or on the driveway if a space was available, dismount her vehicle, and then walk onto and up the driveway which led to the garage doors. 9. At each appointment, Defendant Hilles allowed Plaintiff to access the Salon by walking through the left-side garage door, which had been left opened by Defendant Hilles, and into the enclosed garage bay area to then access a second door which was inside the garage bay area which door, when opened, led Plaintiff immediately into the Salon. 10. On Friday, January 13, 2012, Plaintiff 'arrived at Steel Magnolias for her regularly scheduled afternoon appointment. 11. Plaintiff parked her vehicle on the street and proceeded to enter the Salon in the manner described in paragraphs 8 and 9 herein. 12. Plaintiff received her hair styling services and paid for such services at the conclusion of her appointment. 13. Plaintiff thereafter remained at the Salon to talk and socialize with friends or acquaintances who were also present for services and who were known to her. 2 14. Plaintiff left the Salon at approximately 5:30 p.m., by which time the sun had set and it had become dark outside. 15. Upon exiting the Salon and walking out of the garage bay area onto the driveway, Plaintiff was confronted with total darkness, since the door leading to the Salon had been closed and an outdoor light fixture which was on the exterior of the residence near the garage doors was not operating to illuminate the driveway area, which Plaintiff had to walk over to lead back to her parked vehicle on the street. 16. Plaintiff began to walk down the driveway in the direction of her parked vehicle, but on her way she stepped onto ice which was on the driveway surface but she could not and did not see due to the winter evening darkness and the lack of any illumination of the driveway surface. 17. Plaintiff subsequently slipped on the ice which was present on the driveway and fell violently to the driveway surface incurring serious and substantial injuries to her body. 18. The injuries to Plaintiff included a fractured right shoulder, fractured right wrist, fractured pelvis, bruised torso, multiple bruises and contusions, and the concurrent shock and trauma to her mental and emotional state. 19. Following the fall, Plaintiff called for help but no one answered her calls and, consequently, she laid out on the driveway and ice alone for a significant period of time. 20. After realizing her repeated calls for help were going unanswered and having laid alone outside for some time, Plaintiff was able to locate and retrieve her mobile phone from her pocketbook and call her daughter to seek help for her. 21. After receiving Plaintiff's call, the daughter called Steel Magnolias and informed Defendant Hilles of the incident after which time several persons came out of the Salon and went to Plaintiff and attended to her. 22. Defendants, or someone on their behalf, contacted emergency services and an ambulance arrived at the premises to transport Plaintiff to the hospital for emergency treatment of her injuries. 23. While awaiting arrival of the ambulance, Defendant Hilles indicated to Plaintiff, while Plaintiff was still lying in the driveway, that she had been previously aware that the light had not been operating to illuminate the driveway area and that she had to have the light fixed. 24. Upon arrival at the hospital, Plaintiff underwent a battery of examinations, diagnostic tests and x -rays, in order to treat and begin repair of the various injuries sustained as a result of the fall on the driveway. 25. Plaintiff was subsequently admitted to the hospital for a period of three days to treat and begin repair of the various injuries sustained as a result of the fall on the driveway. 26. Plaintiff subsequently lost the use of those parts of her body from the various injuries sustained as a result of the fall on the driveway, to have included the immobilization of her right arm, casting of her right wrist and the inability to stand or walk as a result of the fractured pelvis. 27. Upon discharge from the hospital, Plaintiff was transferred directly to a rehabilitation facility where she underwent substantial in- patient rehabilitation for approximately two weeks to further treat and further recover from the lost use of those parts of her body and the degradation in her health suffered by her as a result of the various injuries sustained in the fall to the ground. 28. Following her in- patient rehabilitation, she continued with out - patient rehabilitation treatment until such time her health insurance benefits covering such treatment was exhausted for that calendar year. 29. During such rehabilitation, Plaintiff was informed by her providers that her broken right wrist was not healing properly such that she was required to undergo an out - patient surgical 4 procedure for the purpose of inserting one or more pins into the wrist to promote and/or correct the healing of the fracture. 30. As a result of the insertion of the pins into her right wrist, one or more nerves in or about the wrist area was aggravated or otherwise damaged resulting in Plaintiff experiencing both numbness and burning sensation in the general different areas of the wrist. 31. Plaintiff thereafter underwent another out - patient surgical procedure to attempt to alleviate the burning sensation, but such procedure failed to correct or cure the sensation and it continues to the present date. 32. As a result of the fracture of her right shoulder, Plaintiff continues to experience residual pain and discomfort in the area of the fracture and cannot use the arm in the same manner she used it prior to the accident. COUNT ONE — NEGLIGENCE 33. Plaintiff incorporates the allegations of paragraphs 1 - 32 as of fully set forth herein. 34. The slip and fall by Plaintiff onto the driveway surface and subsequent injuries to Plaintiff, as described herein, were caused by the negligent acts and /or omissions of Defendant Betty Hilles, individually and as the owner and operator of the Salon known as Steel Magnolias, which acts and/or omissions included, singularly or collectively: a. The failure of Defendants to properly illuminate the driveway area of the premises at the time Plaintiff and others were reasonably expected to use the driveway such that Plaintiff and others were not able to and could not observe the condition of the driveway surface and have the ability to duly note and avoid any hazardous condition which was or may have been present on the driveway surface at any time; 5 b, The failure of Defendants to inspect the light fixture in a proper operating condition to properly illuminate the driveway area of the premises at the time Plaintiff and others who were expected to use the driveway such that Plaintiff could observe the condition of the driveway surface and have the ability to duly note and avoid any hazardous condition which was or may have been present on the driveway surface at any time; c. The failure of Defendants to maintain the light fixture in a proper operating condition to properly illuminate the driveway area of the premises at the time Plaintiff was expected to use the\driveway such that Plaintiff observe the condition of the driveway surface and have the ability to duly note and avoid any hazardous condition which was or may have been present on the driveway surface at any time; d. The failure of Defendants to take reasonably prompt action, personally or through another person, for the repair of the light fixture to restore it to a proper operating condition from which the fixture would properly illuminate the driveway area of the premises at the time Plaintiff and others were expected to use the driveway such that Plaintiff could see the condition of the driveway surface and duly note and avoid any hazardous condition which was or may have been present on the driveway surface at any time; e. The failure of Defendants to take reasonable and prompt action, personally or through another person, to warn Plaintiff and others who were expected to use the driveway to enter or exit the premises that the light fixture was not in a proper operating condition and, therefore, could not properly illuminate the driveway area on which Plaintiff and others would have to walk; f. The failure of Defendants to take reasonable and prompt action, personally or through another person, to assist and/or safely escort the Plaintiff and others who were expected 6 to use the driveway while entering and/or leaving the premises during any period of time that the light fixture was not in a proper operating condition and, therefore, could not properly illuminate the driveway area; g. The failure of Defendants to take reasonable and prompt action, personally or through another person, to require and provide an alternative means of entry and/or exit to the Plaintiff and others who were expected to use the driveway while entering or leaving the premises during any period of time that the light fixture was not in a proper operating condition and, therefore, could not properly illuminate the driveway area; h. The failure of Defendants to take reasonable and prompt action, personally or through another person, to maintain and keep the driveway surface free from any surface water which could turn to ice, ice which had formed, and/or surface snow during any period of time that the light fixture was not in a proper operating condition and, therefore, could not properly illuminate the driveway area.; and/or, i. The failure of Defendants to take reasonable and prompt action, personally or through another person, to maintain and keep the driveway surface free from any surface water which could turn to ice, ice which had formed, and/or surface snow during any period of the winter season while Plaintiff and others were expected to use the driveway as customers of the Salon. WHEREFORE, Plaintiff prays that Defendants be found liable for the acts and/or omissions set forth and described herein and that Defendants pay to Plaintiff any and all damages allowed Plaintiff by law, which damages are in an aggregate amount which exceeds any amount in controversy which would require compulsory arbitration of the action for this jurisdiction. 7 By: FOR THE PLAINTIFF: Michael J. Wilson Attorney at Law PA Bar ID No.: 52680 113 Iron Furnace Court Lewisberry PA 17339-9339 717.795.6217 8 VERIFICATION I, Virginia T. Chavez, Plaintiff herein, hereby certify that the facts set forth in the Complaint are true and correct to the best of my personal knowledge or information and belief. I make this verification subject to the penalties of 18 Pa.C.S.A. Section 4904 (relating to unsworn falsification to authorities). Dated: , 2014 a T. Chavez IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA T. CHAVEZ, Plaintiff V. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS Defendants CIVIL DOCKET NO. 2014 - 244 JURY TRIAL DEMAND CERTIFICATE OF SERVICE I hereby certify that a copy of the attached paper(s)/document(s) was/were served upon the following part(ies)/attorney(s) of record at the address(es) by US Mail, first class, postage pre-paid, and/or by electronic mail on the date set forth: 1. Complaint; 2. Notice to Plead (attached to Complaint); and, 3. Certificate of Service. Dated: March 12, 2014 Attorney Stephen Ledva, Jr. Mintzer Sarowitz Zeris Ledva & Meyers LP Centre Square, West Tower 1500 Market Street, Suite 4100 Philadelphia PA 19102 Email address: sledva@defensecounsel.com FOR THE PLAINTIFF: By: Michael J. Wilson Attorney at Law PA Bar ID No.: 52680 113 Iron Furnace Court Lewisberry PA 17339-9339 717.795.6217 To the within _Parties you are hereby I hereby certify that I have served a copy of this notified to plead to the enclosed _Answer paper upon all other parties or their attorney within twenty days from service hereof or a default by: judgment m. . e enter o against you. _X_ Regular Firs ' . s ail Certifie Othe STEPH. LEp JR., ESQUI Attor y for : fendant STEP At ey for Defendant N L4JR., Eye` IRE MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP BY: STEPHEN LEDVA, JR., ESQUIRE Attorney I.D. No. 42372 Centre Square, West Tower 1500 Market Street Suite 4100 Philadelphia, PA 19102 (215) 735 -7200 MSZL &M File No. 002330.000053 VIRGINIA T. CHAVEZ vs. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS Attorney for Defendant, BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS L) rrel J COURT OF COMMON PLEAS fir' CUMBERLAND COUNTY 24.7 s7 n NO. 14 -244 CIVIL .-c ANSWER OF DEFENDANT, BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, by and thru counsel, hereby answers Plaintiff's Complaint and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant operates the salon at the address referred to in the captioned. The remaining allegations are denied. 5. Denied. It is denied that built is part of the car garage as alleged. 6. Admitted. 7. Denied. It is denied that Plaintiff was a regular customer for many years. It is admitted that Plaintiff was a customer and would come to the salon on approximately a weekly basis. 8. Denied. The allegations contained therein are Conclusions of Law and/or deemed at issue to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and they are therefore denied. Further, it is denied that there was expectation as to where Plaintiff was to park her motor vehicle. 9. Admitted in part and denied in part. It is admitted that Plaintiff was admitted to access the salon by walking thru the garage door. 10. Admitted. 11. Denied. It is denied that Plaintiff parked her vehicle in the street and proceeded as alleged. 12. Admitted. 13. Admitted. It is admitted that Plaintiff chose to remain at the salon after completion of the hair styling services. 14. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 15. Denied. It is denied that any outdoor light fixture was not operating as alleged. To the contrary, all light fixtures were operating. If Plaintiff walked in darkness, she chose to do so. 16. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. However, it was specifically denied that there was a lack of any lumination as alleged by Plaintiff. 17. Denied. The allegations contained therein are Conclusions of Law and /or deemed at issue to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and they are therefore denied. Further, it is denied that the ice upon where Plaintiff slipped was present on the driveway for a period of time sufficient to provide actual or constructive notice to Defendant. 18. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 19. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 20. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 21. Admitted. 22. Admitted. 23. Denied. It is denied that Defendant indicated to Plaintiff as alleged. It is further denied that a light needed to be fixed. 24. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 25. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 26. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 27. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 28. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 29. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 30. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 31. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. 32. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein and they are therefore denied. COUNT I 33. Answering Defendants incorporate by reference herein their responses to the preceding paragraphs of Plaintiff s Complaint as if fully set forth at length. 34. Denied. The allegations contained therein are Conclusions of Law and /or deemed at issue to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and they are therefore denied. Further, it is denied that Defendant was negligent as alleged or in any other manner. WHEREFORE, Answering Defendant demands that Plaintiffs Complaint be dismissed, that Judgment be entered in favor of Answering Defendant and any other relief the Court deems appropriate. NEW MATTER Answering Defendant avers the following new matter. 35. Plaintiff's claims are barred by the applicable Statute of Limitations. 36. Plaintiff's claims are barred by the provisions of the Pennsylvania Comparative Negligence Act. 37. If Plaintiff proceeded thru the garage and /or driveway in darkness, then Plaintiff chose to do so willingly and with full awareness of the potential that she may fall whether it be ice or some other reason. 38. The condition upon which Plaintiff alleges she fell, was not present for a sufficient amount of time to give Defendant either actual or constructive notice. 39. Plaintiff assumed the risk of injury. MINTZER, SA' 1 WITZ, ZERIS, LEDVA & MEYERS, LLP BY: Date: 04/01/2014 EPHEN LE ��7• , J' ., ESQUIRE Attorney for Defendant, BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS VERIFICATION The averments or denials of facts contained in the foregoing are true, based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: 4)40 i /� Pi'ETTY LLES c/o STEEL MAGNOLIAS File No: 2330.0053 (VIRGINIA T. CHAVEZ V. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS) MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP BY: STEPHEN LEDVA, JR., ESQUIRE Attorney I.D. No. 42372 Centre Square, West Tower 1500 Market Street Suite 4100 Philadelphia, PA 19102 (215) 735 -7200 MSZL &M File No. 002330.000053 Attorney for Defendant, BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS VIRGINIA T. CHAVEZ COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. BETTY HILLES, Individually and doing NO. 14 -244 CIVIL business as STEEL MAGNOLIAS CERTIFICATE OF SERVICE I, STEPHEN LEDVA, JR., ESQUIRE, do hereby certify that a true and correct copy of the within Entry of Appearance was forwarded by First Class Mail, postage pre- paid on the 1st day of April, 2014 as follows: MICHAEL J. WILSON, ESQUIRE 113 IRON FURNACE COURT LEWISBERRY, PA 17339 -9339 ST - ' HE EDVA ., ESQUIRE IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA T. CHAVEZ, Plaintiff V. BETTY HILLES. Individually and doing business as STEEL MAGNOLIAS Defendants CIVIL DOCKET NO. 2014 - 244 JURY TRIAL DEMAND CERTIFICATE OF SERVICE I hereby certify that a copy of the attached paper(s)/document(s) was /were served upon the following part(iesj /attorney(s) of record at the address(es) by US Mail, first class, postage pre -paid, and /or by electronic mail on the date set forth: 1. Objections to Discovery (Interrogatories); and, 2. Certificate of Service Dated: April 11, 2014 Attorney Stephen Ledva, Jr. Mintzer Sarowitz.Zeris Ledva & Meyers LP Centre Square, West Tower 1500 Market Street, Suite 4100 Philadelphia PA 19102 Email address,: sledva @defensecounsel.com By: FOR THE PLAINTIFF: Michael J. Wilson Attorney at Law PA Bar ID No.: 52680 113 Iron Furnace Court Lewisberry PA 17339 -9339 717..7954217 I• IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA T. CHAVEZ, Plaintiff V. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS Defendants CIVIL DOCKET NO. _ --, ...L--- 2014 - 244 <> cc -----t r:-.- lit --1-1 JURY TRIAL DEMANI, -,- - 5 1„• -T---,:r -H c" ,_< (-LI -• - - CERTIFICATE OF SERVICE I hereby certify that a copy of the attached paper(s)/document(s) was/were served upon the following part(ies)/attorney(s) of record at the address(es) by US Mail, first class, postage pre-paid, and/or by electronic mail on the date set forth: 1. Responses to Requests for Production of Documents; and, 2. Certificate of Service Dated: April 26, 2014 Attorney Stephen Ledva, Jr. Mintzer Sarowitz Zeris Ledva & Meyers LP Centre Square, West Tower 1500 Market Street, Suite 4100 Philadelphia PA 19102 Email address: sledva@defensecounsel.com By: FOR THE PLAINTIFF: Michael J. Wilson Attorney at Law PA Bar ID No.: 52680 113 Iron Furnace Court Lewisberry PA 17339-9339 717.795.6217 1 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA T. CHAVEZ, Plaintiff V. BETTY HILLES, Individually and doing business as STEEL MAGNOLIAS Defendants CIVIL DOCKET NO. 2014 - 244 c) JURY TRIAL DEMANpsfA CERTIFICATE OF SERVICE I hereby certify that a copy of the attached paper(s)/document(s) was/were served upon the following part(ies)/attorney(s) of record at the address(es) by US Mail, first class, postage pre-paid, and/or by electronic mail on the date set forth: I. Answers to Expert Interrogatories; and, 2. Certificate of Service Dated: April 26, 2014 Attorney Stephen Ledva, Jr. Mintzer Sarowitz Zeris Ledva & Meyers LP Centre Square, West Tower 1500 Market Street, Suite 4100 Philadelphia PA 19102 Email address: sledva@defensecounsel.com By: FOR THE PLAINTIFF: Michael J. Wilson Attorney at Law PA Bar ID No.: 52680 113 Iron Furnace Court Lewisberry PA 17339-9339 717.795.6217 1