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HomeMy WebLinkAbout14-4452 Supreme Court of Pennsylvania Court of Common;Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: / Cumberland County 100 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 of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ❑ Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Michael Brakefield and Lynn Brakefield Keystone Apple, Inc. TDollar Amount Requested: ®within arbitration limits I Are money damages requested? it Yes ❑ No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? Yes 0 No Is this an MDJAppeal? E] Yes El No A Name of Plaintiff/Appellant's Attorney: CHRISTINA L. BRADLEY El Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARYCASE. 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 El Intentional ® Buyer Plaintiff Administrative Agencies © Malicious Prosecution Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle Debt Collection:Other ® Board of Elections © Nuisance 0 Dept.of Transportation ®x Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: Discrimination ® Slander/Libel/Defamation F]C © Other: Employment Dispute:Other E] Zoning Board ® Other: ,I, I ❑ Other: O MASS TORT rl Asbestos N © Tobacco © Toxic Tort-DES © Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS l] Toxic Waste © Ejectment ® Common Law/Statutory Arbitration B © Other: ® Eminent Domain/Condemnation ® Declaratory Judgment ❑ Ground Rent © Mandamus © Landlord/Tenant Dispute Q Non-Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure:Commercial Quo Warranto ® Dental ® Partition ©Replevin © Legal © Quiet Title ®Other: n Medical Other: ® Other Professional: Updated 1/1/2011 Christina L. Bradley, Esquire FREEBURN& HAMILTON ID No. 89107 f 'E � . 2040 Linglestown Road, Suite 300 (✓'* J'` r � , 1'rr L , Harrisburg PA 17110 � � rt;{JrrJ (717) 671-1955 christinab(&,pa-iniurylawyer.com ��' `�U�- 30 p[I J,. Atyrney for Plaintiffs PEN,N h1'D CGUNT MICHAEL BRAKEFIELD and Il\i' '°i U�T OF COMMON PLEAS LYNN BRAKEFIELD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW KEYSTONE APPLE, INC., Defendant NOTICE 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 a 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: aDly C'L Christina L. Bradley, EGiuire Attorneys for Plaintiff 6�s 3.7Spa1 ck �3a3e 12 1 LWA-0- Christina L. Bradley, Esquire FREEBURN &HAMILTON ID No. 89107 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717) 671-1955 christina a.pa-injurylawyer.com Attorney for Plaintiffs MICHAEL BRAKEFIELD and IN THE COURT OF COMMON PLEAS LYNN BRAKEFIELD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW KEYSTONE APPLE, INC., Defendant NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: Christina L. Bradley, &4uire Attorneys for Plaintiff Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 80 107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 ChristinaW,,pa-injurylawyer.com Attorneys for Plaintiffs MICHAEL BRAKEFIELD and IN THE COURT OF COMMON PLEAS LYNN BRAKEFIELD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. : CIVIL ACTION - LAW KEYSTONE APPLE, INC., Defendant COMPLAINT AND NOW come Plaintiffs, Michael Brakefield and Lynn Brakefield, by their attorneys, Freeburn 8v Hamilton, and file the following Complaint: 1. Plaintiff, Michael Brakefield, and his wife, Lynn Brakefield, are adult individuals who reside at 135 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Keystone Apple, Inc., is a Pennsylvania Corporation, with a registered office located at 4940 Ritter Road, Suite 104, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about October 12, 2012, at approximately 7:30 p.m. on the premises of Defendant, Applebee's #9293 (hereinafter "Applebee's"), located at 6055 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 4. At that time and place, Defendant was in exclusive possession, management and control of the Applebee's located at 6055 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, through its agents and employees who were acting within the scope and course of their relationships and employment by Defendant, and in furtherance of Defendant's business. S. At that time and place, Plaintiff, Michael Brakefield, and his wife, Lynn Brakefield, were business invitees at Applebee's. 6. After eating his meal, Plaintiff, Michael Brakefield, exited the dining area and was walking toward the restroom, also located within Applebee's, for the purpose of utilizing the restroom facilities. 7. At that time and place, a foreign substance, believed to be mashed potatoes, was located outside the door to the kitchen of Applebee's, directly in the path the Plaintiff, Michael Brakefield, was walking. 8. Due to the location of the foreign substance directly outside the door to the kitchen, it is believed, and therefore averred, that this substance was on the floor due to the actions of an employee of Defendant. 9. This foreign substance, caused Plaintiff, Michael Brakefield, to slip and began to fall, at which time he twisted his back as he caught himself and was assisted by an employee of Defendant. 10. The foregoing incident and all of the injuries and damages as set forth hereinafter are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant operated and maintained Applebee's as follows: a. In failing to exercise reasonable care to ensure the safety of business invitees such as Plaintiff; 2 b. In failing to inspect the premises and discover the foreign substance that caused the incident; C. In failing to discover and/or keep the premises and floor of Applebee's free and clear of foreign substances that would create a hazard to business invitees such as Plaintiff; d. In failing to adequately supervise and manage its employees who should have discovered and removed the foreign substance that caused the incident; e. In failing to anticipate the harm that the foreign substance would cause business invitees; f. In permitting a foreign substance to accumulate on the floor at a point where it posed an unreasonable risk of injury to Plaintiff and other business invitees; g. In failing to give warning of the dangerous condition posed by the accumulation of the foreign substance, erect barricades, or take any other safety precautions to prevent injury to Plaintiff and other business invitees; h. In failing to remove the foreign substance from the floor and keep the floor clean and free of hazardous conditions; i. In failing to properly clean the floor to prevent injury to Plaintiff and other business invitees; j. In failing to adequately supervise and manage its employees in the cleaning and removing of the foreign substance to prevent injury to Plaintiff and other business invitees. COUNT I MICHAEL BRAKEFIELD, PLAINTIFF, v. KEYSTONE APPLE, INC., DEFENDANT. 11. Paragraphs 1-10 of Plaintiffs' Complaint are incorporated herein by reference thereto. 12. As a result of Defendant's negligence, carelessness and recklessness, Plaintiff, Michael Brakefield, suffered painful and severe injuries to his nerves, bones and soft tissues, which include, but are not limited to, injuries to his low back. 3 13. By reason of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has suffered a heightened possibility that he will suffer other or additional injuries in the future, and claim is made therefore. 14. The aforesaid injuries suffered by Plaintiff, Michael Brakefield, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 15. By reason of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he was forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries and to restore himself to health, and claim is made therefore. 16. Plaintiff, Michael Brakefield, has not fully recovered from his injuries and it is reasonably likely that he will incur similar expenses in the future, and claim is made therefore. 17. By reason of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits he has lost and which he might reasonably have earned in the pursuit of his ordinary calling, and claim is made therefore. 18. By reason of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has suffered a loss or impairment of future earning capacity, and claim is made therefore. 4 19. By reason of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has incurred incidental costs and expenses, the exact amount of which cannot be ascertained at this time, and claim is made therefore. 20. As a result of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 21. As a result of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has been subjected to humiliation, embarrassment, shame, worry and anger. 22. As a result of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 23. As a result of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 24. By reason of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has been deprived of his enjoyment of the pleasures of life. 25. Plaintiff, Michael Brakefield, continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 26. As a result of the aforesaid injuries suffered by Plaintiff, Michael Brakefield, he has suffered a disfigurement, and claim is made therefore. 5 WHEREFORE, Plaintiff, Michael Brakefield, demands judgment in his favor and against Defendant, Keystone Apple, Inc., in an amount in excess of FIFTY THOUSAND &, 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II LOSS OF CONSORTIUM LYNN BRAKEFIELD, PLAINTIFF, v. KEYSTONE APPLE, INC., DEFENDANT 27. Paragraphs 1-26 of Plaintiffs' Complaint are incorporated herein by reference thereto. 28. As a result of the aforementioned injuries suffered by her husband, Plaintiff, Lynn Brakefield, has been, and may in the future, be deprived of the aid, assistance, comfort, care, companionship, society, and consortium of her husband, all of which will be of great detriment, and claim is made therefore. 29. As a result of the aforementioned injuries suffered by her husband, Plaintiff, Lynn Brakefield, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations, and similar expenses in an effort to diagnose his injuries and to restore his health, and claim is made therefore. 6 WHEREFORE, Plaintiff, Lynn Brakefield, demands judgment in her favor and against Defendant, Keystone Apple, Inc., in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON By: C lci" W'Q. Christina L. Bradley squire I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 (717) 671-1955 Date: July 29, 2014 Counsel for Plaintiffs 7 VERIFICATION I, Michael Brakefield, hereby verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: L �Zllk Michael Brakefield VERIFICATION I, Lynn Brakefield, hereby verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1 1 l Lynnr field Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF'F'ICE OF TkE $kERIFG P O HON3 2044 AUG 13 PM 3: 19 CUMBERLAND COUNT PENNSYLVANIA Michael Joseph Brakefield vs. Keystone Apple, Inc. Case Number 2014-4452 SHERIFF'S RETURN OF SERVICE 08/06/2014 02:38 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Gregory Sarabok, Controller, who accepted as "Adult Person in Charge" for Keystone Apple, Inc. at 4940 Ritter Road, Suite 104, Lower Allen, Mechanicsburg, PA 17055. IE DIMARTLE, DEPUTY SHERIFF COST: $39.79 SO ANSWERS, August 07, 2014 RONNY R ANDERSON, SHERIFF tc) CountySuite Shunfi, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BRAKEFIELD and LYNN BRAKEFIELD, Plaintiffs, v. KEYSTONE APPLE, INC., Defendant. CIVIL ACTION - LAW CASE NO. 14-4452 Pleading: PRAECIPE FOR Filed on Behalf of: APPEARANCg KEYSTONE APPLE, INC. Counsel of Record for this Party: Joseph L. Orzulak, II, Esquire PA. I.D. No. 63304 Adam S. Auchey, Esquire PA. I.D. No. 206412 MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Firm #263 2600 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 412.391.6171 (Phone) 312.391.8804 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BRAKEFIELD and LYNN BRAKEFIELD, Plaintiffs, v. KEYSTONE APPLE, INC., Defendant. CIVIL ACTION - LAW CASE NO. 14-4452 Pleading: PRAECIPE FOR APPEARANCES PRAECIPE FOR APPEARANCE Kindly enter the appearances of Joseph L. Orzulak, II, Esquire and Adam S. Auchey, Esquire on behalf of Defendant, Keystone Apple, Inc., in the above -captioned matter. Respectfully submitted, MARKS, O'NEILL, O'BRIEN & COURTN Y, P.C. By: Joseph . Orszulak, II, Esquire Adam S. Auchey, Esquire Attorneys for Defendant, Keystone Apple, Inc. CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE was served upon counsel of record or parties via First -Class, United States Mail, postage pre -paid, on this day of August, 2014, addressed as follows: Christina L. Bradley, Esquire FREEBURN & HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 By: Adam S. Auchey, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BRAKEFIELD and CIVIL ACTION - LAW LYNN BRAKEFIELD, Plaintiffs, v. KEYSTONE APPLE, INC., Defendant. No. 14-4452 ANSWER AND NEW MATTER Filed on behalf of Defendant, Keystone Apple, Inc. 1-,17° :z r— Counsel of Record for this Party:-< Joseph L. Orszulak, II, Esquire CO) Pa. LD. #63304 > Adam S. Auchey, Esquire Pa. I.D. #206412 MARKS, 'O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Firm #263 2600 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 391-6171 - Telephone (412) 391-8804 - Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BRAKEFIELD and LYNN BRAKEFIELD, Plaintiffs, V. KEYSTONE APPLE, INC., Defendant. CIVIL ACTION - LAW No. 14-4452 ANSWER AND NEW MATTER AND NOW, comes the Defendant, Keystone Apple, Inc., by and through its counsel, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Joseph L. Orszulak, II, Esquire, and Adam S. Auchey, Esquire, and files its Answer and New Matter to Plaintiffs' Complaint as follows: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 2. Admitted. 3 After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 4. Defendant admits only that it was in possession and control of Applebee's located at 6055 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on October 12, 2012. The remaining allegations of this paragraph contain conclusions of law to which no response is required. 5. The allegations of this paragraph contain conclusions of law to which no response is required. 6. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 7. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 8. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 9. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 10. The allegations of this paragraph, including all subparagraphs, contain conclusions of law to which no response is required. COUNT I MICHAEL BRAKEFIELD, PLAINTIFF v. KEYSTONE APPLE, INC., DEFENDANT 11. Defendant incorporates by reference paragraphs 1 through 10 above as though fully set forth herein. 12. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further response, the allegations of this paragraph contain conclusions of law to which no response is required. 13. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 14. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 15. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 16. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 17. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 18. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 19. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 20. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 21. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 22. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 23. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 24. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 25. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 26. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). WHEREFORE, the Defendant denies that it is liable to Plaintiffs in this action and demands judgment in its favor plus any other relief deemed appropriate. COUNT II LOSS OF CONSORTIUM LYNN BRAKEFIELD, PLAINTIFF v. KEYSTONE APPLE, INC., DEFENDANT 27. Defendant incorporates by reference paragraphs 1 through 26 above as though fully set forth herein. 28. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). 29. The allegations of this paragraph are denied pursuant to Pa. R.C.P. No. 1029(e). WHEREFORE, the Defendant denies that it is liable to Plaintiffs in this action and demands judgment in its favor plus any other relief deemed appropriate. NEW MATTER 30. Defendant incorporates by reference paragraphs 1 through 26 above as though fully set forth herein. 31. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 32. Plaintiffs' claims are barred by the applicable statute of limitations. 33. Plaintiffs' alleged injuries and damages, the same which is denied, may have pre- existed the date set forth in Plaintiffs' Complaint. 34. Plaintiffs' claims are barred or limited to the extent that it may be determined that they failed to take reasonable steps to mitigate their alleged injuries and damages. 35. Plaintiffs' alleged damages are the result of parties and/or entities and/or persons over whom these Defendants had no control and/or right of control. 36. Defendant lacked actual and/or constructive notice of the condition alleged by Plaintiffs. 37. Plaintiffs' alleged damages are the result of superseding and/or intervening causes over which these Defendants had no control or right to control. WHEREFORE, the Defendant denies that it is liable to Plaintiffs in this action and demands judgment in its favor plus any other relief deemed appropriate. Respectfully submitted, MARKS, o'N ILL, O'BRIEN, DOHE: :; LLY, P.C. fI� Joseph /0 i;.z ak, I, Esquire Adam ; h r , E quire Attorneys for 'I ef: dant, Keystone Apple, nc. VERIFICATION I, the undersigned, hereby verify that I am authorized to respond on behalf of Keystone Apple, Inc. I hereby verify that the averments of the foregoing document are true and correct to the best of my information or belief. I have no personal knowledge regarding the facts of the within lawsuit. However, I have obtained the facts from reviewing information available to me. I understand that the averments of fact in this pleading are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATED: CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER was served on the following counsel of record, via first-class mail, postage prepaid, on this 19th day of September, 2014. Christina L. Bradley, Esquire FREEBURN & HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Counsel for Plaintiffs MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. 79- 4 Adam S. Auchey, Esqu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BRAKEFIELD and CIVIL ACTION - LAW LYNN BRAKEFIELD, No. 14-4452 Plaintiffs, v. DEFENDANT KEYSTONE APPLE, INC.'S KEYSTONE APPLE, INC., NOTICE OF SERVICE OF FIRST SET OF REQUESTS FOR PRODUCTION OF Defendant. DOCUMENTS DIRECTED TO PLAINTIFFS and FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS Filed on behalf of Defendant, Keystone Apple, Inc. Counsel of Record for this Party: Joseph L. Orszulak, II, Esquire Pa. I.D. #63304 Adam S. Auchey, Esquire Pa. I.D. #206412 MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Firm #263 2600 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 391-6171 - Telephone (412) 391-8804 - Fax {P1382456.1) -C- rrl 0 N w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BRAKEFIELD and LYNN BRAKEFIELD, Plaintiffs, v. KEYSTONE APPLE, INC., Defendant. CIVIL ACTION - LAW No. 14-4452 NOTICE OF SERVICE I hereby certify that, pursuant to the Pennsylvania Rules of Civil Procedure, and the applicable local rules as amended, the original of DEFENDANT, KEYSTONE APPLE, INC.'S, FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS and FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS were served upon counsel for Plaintiffs first-class, United States mail, postage pre -paid, this day of September, 2014. (P1382456.1) Respectfully submitted, MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Joseph L. lrszulak, II, squire Adam S. Auchey, Esquire Attorneys for Defendant Keystone Apple, Inc. CERTIFICATE OF SERVICE I the undersigned hereby certify that a true and correct copy of the foregoing DEFENDANT KEYSTONE APPLE, INC.'S NOTICE OF SERVICE OF FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS and FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS were served on the following counsel of record, by first-class, United States mail, postage prepaid, on September 2/5 , 2014. Christina L. Bradley, Esquire FREEBURN & HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Counsel for Plaintiffs MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Joseph L. Orszulak, I , Esquire Adam S. Auchey, Esquire Attorneys for Defendant Keystone Apple, Inc. {PI382456.1) Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 Christinabapa-injurylawyer.com Attorneys for Plaintiffs MICHAEL BRAKEFIELD and LYNN BRAKEFIELD, Plaintiffs V. KEYSTONE APPLE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • : NO. 14-4452 Civil : CIVIL ACTION — LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 30. This is an incorporation paragraph, to which no response is required. 31. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 32. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 33. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 34. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court detei mines that this paragraph contains any averments of fact, the same are specifically denied. 35. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 36. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 37. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any aveiments of fact, the same are specifically denied. WHEREFORE, Plaintiffs, Michael and Lynn Brakefield, demand judgment in their favor and against Defendant, Keystone Apple, Inc., in an amount in excess of FIFTY THOUSAND 84 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. By: Respectfully Submitted, FREEBURN as HAMILTON Christina L. Bradley, Esq re I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 (717) 671-1955 Date: OC-i-oicoLA 31201LI Counsel for Plaintiffs 2 VERIFICATION I, Michael Brakefield, hereby verify that the statements in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: VERIFICATION I, Lynn Brakefield, hereby verify that the statements in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ?/02 Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 ChristinabRpa-injurylawver.corn Attorneys for Plaintiffs MICHAEL BRAKEFIELD and LYNN BRAKEFIELD, Plaintiffs V. KEYSTONE APPLE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4452 Civil : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant was duly served on this 3rd day of October, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Adam S. Auchey, Esquire Marks, O'Neill, O'Brien, Doherty & Kelly, P.C. Suite 2600, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Counsel for Defendant BY: Dated: 101 3Ily Jessie K. Walsh, Legal Assistant FREEBURN & HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (717) 671-1955 f9 Law Offices of James L. Barlow By: James L. Barlow, Esquire Attorney I.D. No.: 57949 900 E- 8th Avenue, Suite 301 King of Prussia, PA 19406 (610) 382-8100 MICHAEL BRAKEFIELD and LYNN BRAKEFIELD, Plaintiffs, Attorney for Defendant, Keystone Apple, Inc. . COURT OF COMMON PLEAS CUMBERLAND COUNTY V. KEYSTONE APPLE, INC., Defendant. NO. 14-4452 yCJ C7rr: -P' -' ,- ,, gyp.` . W WITHDRAWAL OF APPEARANCE ..' -- TO THE PROTHONOTARY Kindly withdraw my appearance on behalf of defendant, Keystone Apple, Inc. in the above -captioned matter. MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. ADAM S. AUCHEY, ESQUIRE Attorney for Defendant, Keystone Apple, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Entry & Withdrawal of Appearance was served by first class mail, this 9th day of December, 2014 upon the following counsel of record: Christina L. Bradley, Esquire Freeburn & Hamilton 2040 Linglestown Road Suite 300 Harrisburg PA 17110 ATTORNEY FOR PLAINTIFFS MICHAEL BRAKEFIELD AND LYNNE BRAKEFIELD Law Offices of James L. Barlow By: John P. Silli, Esquire Attorney I.D. No.: 204907 900 E. 8th Avenue, Suite 301 King of Prussia PA 19406 (610) 382-8100 MICHAEL BRAKEFIELD AND LYNN BRAKEFIELD Attorney for Defendant, Keystone Apple, Inc. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY • • • Plaintiffs, v. KEYSTONE APPLE, INC. • Defendant. : NO. 14-4452 ENTRY OF APPEARANCE TO THE PROTHONOTARY Kindly enter my appearance on behalf of defendant, Keystone Apple, Inc. in the above captioned matter. LAW OFFICES OF JAMES L. BARLOW JOHN P. SILLI, ESQUIRE Attorney for Defendant Keystone Apple, Inc.