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Home My WebLink About14-6114 Supreme Cortennsylvania �w Court - UC011111L0 " leas For Prothonotary Use Only: C�il ov=h ` t Docket No: / Cu kb `rIartd _� County 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 by law or rules of court. Commencement of Action: S [] Complaint [] Writ of Summons Petition rl Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Elaine Estis PILOT TRAVEL CENTERS, LLC T Dollar Amount Requested: []within arbitration limits I Are money damages requested? 0 Yes [] No (check one) []x outside arbitration limits O N Is this a Class Action Suit? [] Yes El No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: Christopher J. Marzzacco, Esquire [] 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) []Employment Dispute: [] Slander/Libel/ Defamation Discrimination C [] Other: [] Employment Dispute: Other Zoning Board []Other: , I Q Other: O MASS TORT [] Asbestos N [] Tobacco [] Toxic Tort - DES [] Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS [] Toxic Waste [] Other: 0 Ejectment []Common Law /Statutory Arbitration B [] Eminent Domain /Condemnation [] Declaratory Judgment [] Ground Rent [] Mandamus [] Landlord /Tenant Dispute [] Non - Domestic Relations rl Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY g g Quo Warranto [] Mort a e Foreclosure: Commercial [] Dental [] Partition [] Replevin [] Legal [] Quiet Title [] Other: [] Medical [] Other: [] Other Professional: Updated 1/1/2011 ANAPOL SCHWARTZ BY: CHRISTOPHER J. MARZZACCO, ESQUIRE I.D. # 78262` 4807 Jonestown Rd., Suite 148 4 ,;: v Harrisburg, PA 17109 1'J 1 ; s (717) 901 -3500 fax (717) 909 -0300 cmarzzacco2anapolschwartz.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELAINE ESTIS, Plaintiff t - l No: civ V. CIVIL ACTION - LAW PILOT TRAVEL CENTERS, LLC JURY TRIAL DEMANDED 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 AN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 v S, - 7 e C , , 1 �31a3�� ANAPOL SCHWARTZ BY: CHRISTOPHER J. MARZZACCO, ESQUIRE I.D. # 78262 252 Boas Street Harrisburg, PA 17102 (717) 901 -3500 fax (717) 909 -0300 cmarzzaccoganapolschwartz.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELAINE ESTIS, Plaintiff No: V. CIVIL ACTION - LAW PILOT TRAVEL CENTERS, LLC JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, comes the Plaintiff, ELAINE ESTIS, by and through her attorney, Christopher J. Marzzacco, Esquire, of Anapol Schwartz, and in this Complaint against the above - referenced Defendant, hereby avers as follows: 1. Plaintiff, Elaine Estis, is an adult individual residing at 497 West Girard St. Mount Carmel, PA 17851. 2. Defendant, Pilot Travel Centers, LLC ( "Pilot ") is reasonably believed to be a business entity, authorized to do business in Pennsylvania, with a business address of 5508 Lonas Drive, Knoxville, TN 37909 3. This negligence cause of action arises out of a trip and fall incident that occurred on or about November 23, 2013, at a commercial property known as "Pilot Flying J," with a business address of 1501 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 4. At all times material and relevant, it is believed that Defendant, Pilot owned, managed, operated and /or controlled the aforementioned commercial property, including the precise area of the premises where the aforementioned trip and fall took place. 5. At all times material and relevant, it is believed that Defendant, Pilot possessed, occupied or otherwise physically controlled the precise area on the aforementioned premises where the above - referenced trip and fall took place. 6. On the date of this incident, Plaintiff, Elaine Estis, was caused to trip and fall in a hole located at one of the premises' parking lots. Upon stepping into the hole, Plaintiff tripped and fell heavily onto her knees. 7. On the date of this incident, Plaintiff, Elaine Estis, was in the course and scope of her employment as a long -haul tractor trailer driver, and had parked her vehicle overnight on the aforementioned premises. As such, Plaintiff was a business invitee and entitled to the status and protection of a business invitee with respect to the duties owed by premises owners, occupiers and managers to their business invitees. 8. At all times material hereto, Plaintiff was walking and maneuvering in a careful and prudent manner and did not have an alternate path available to her. 9. The aforesaid dangerous condition is reasonably believed to have existed prior to the accident herein for a time sufficient to alert the Defendants as premises owners, operators, managers and /or occupiers of its existence so that corrective measures should have been taken prior to the date and time of this incident. 10. The aforesaid accident was caused solely and exclusively by reason of the negligence of the Defendants herein, and was due in no manner whatsoever to any act or omission on the part of Plaintiff. 11. As a result of the aforesaid accident, Plaintiff, Elaine Estis, sustained a knee injury —a broken left patella, requiring surgery, and other injuries. 12. As a further result of the aforesaid accident, Plaintiff has been obliged to seek medical treatment in and about an effort to cure herself of her injuries and will be obligated to do so for an indefinite time into the future, hereby incurring medical expense and /or the obligation to repay liens of medical providers, to her great detriment and loss. 13. As a further result of the aforesaid accident, Plaintiff, Elaine Estis, has suffered pain, suffering, discomfort, frustration, embarrassment, inability to attend to usual daily activities, loss of enjoyment of life's pleasures, and disfigurement, to her great detriment and loss. 14. As a further result of the aforesaid accident, Plaintiff, Elaine Estis, has suffered economic losses including present and future lost - wages, to her great detriment and loss. COUNT I – NEGLIGENCE ELAINE ESTIS vs. PILOT TRAVEL CENTERS, LLC 15. Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1 through 14, as if full set forth at length below. 16. The aforesaid trip and fall and resulting injuries and damages sustained by Plaintiff were a direct and proximate result of the negligence and carelessness of the Defendants herein, their agents, servants and /or employees, which consisted of the following: (a) failing to repair, replace or otherwise improve the area parking lot where the incident took place; (b) failing to warn business invitees of the dangerous condition that existed in the area of the parking lot by the use of signage or other acceptable warning methods; (c) failing to block off or otherwise cordon -off the dangerous condition to prevent business invitees from exposure to said dangerous condition; (d) failing to fully and completely exercise the responsibility required to protect their business invitees while lawfully on the premises by keeping the parking lot and other areas of ingress and egress free of debris and dangerous conditions like that described in sub - paragraphs (a) — (c), and (e) failing to properly inspect, discover and remedy said dangerous condition despite adequate and sufficient notice of the danger thereof. WHEREFORE, Plaintiff, Elaine Estis and hereby demands judgment in her favor and against Defendant Pilot Travel Centers, LLC, for a sum in excess of the compulsory arbitration limits in Cumberland County. ANAPOL SCHWARTZ BY: Christophe J. Marzzacco, Esquire Supreme Court ID #78262 4807 Jonestown Road Olde Liberty Square, Suite 148 Harrisburg, PA 17109 (717) 901 -3500 Attorneys for Plaintiff VERIFICATION I, the undersigned, Elaine Estis, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, Dated: 1 .- _ ELAINE ESTIS ANAPOL SCHWARTZ BY: CHRISTOPHER J. MARZZACCO, ESQUIRE I.D. # 78262 4807 Jonestown Rd., Suite 148 Harrisburg, PA 17109 (717) 901-3500 fax (717) 909-0300 cmarzzacconanapolschwartz.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELAINE ESTIS, Plaintiff v. PILOT TRAVEL CENTERS, LLC Defendant No: 2014-6114 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Christopher J. Marzzacco, Esquire, hereby certify that on October 21, 2014, a copy of the Complaint was served upon Defendant Pilot Travel Centers, LLC, by US Certified mail, return receipt requested. A copy of the return receipt for the mailing is attached hereto as Exhibit "A" as proof of service. ANAPOL SCHWARTZ Date: /0-2--/y By: Christopher Marzzacco, Esquire Supreme Court ID No. 78262 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 (717) 901-3500 Attorneys for Plaintiffs SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete. item 4 if Restricted Delivery is desired. • Print your name and address on the revers e so that we can return the card to you. • Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: (t2.Tr-U �( '-P.0.oy {,K oY:Ui i ke ' 0 f 'n3/1-0/146 2. Article Number COMPLETE THIS SECTION ON DELIVERY A. Signature LT Agent • 0 Addressee - B. Re;reived by ( Printed Name C. Date of Delivery 7.4 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No Service Type Fi Certified Mail CI Registered ❑ Insured Mail ❑ Express Mail C3 Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7012 1640 0002 1549 8190 (Transfer from service Iai :"... 0 Yes PS, Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ?_ Karl R. Hildabrand, Esquire Lavery Faherty 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 Ichildabrand@laverylaw.com Attorney for Defendant Pilot Travel Centers, LLC ELAINE ESTIS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-6114 • PILOT TRAVEL CENTERS, LLC, : CIVIL ACTION - LAW Defendants. : JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Pilot Travel Centers, LLC in the above matter. DATE: /-- Respectfully submitted, LAVERY FAHERTY By. R. Hildabrand, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw. com Attorney for Defendant Pilot Travel Centers, LLC CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, with the law firm of Lavery Faherty, do hereby certify that on this day of November, 2014, I served a true and correct copy of the foregoing Praecipe to Enter Appearance, via U.S. First Class mail, postage prepaid, addressed as follows: Christopher J. Marzzacco, Esquire Anapol Schwartz 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 Attorney for Plaintiff ! _� `./ e A1` / K. 'l R. Hildabrand, Esquire ELAINE ESTIS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-6114 PILOT TRAVEL CENTERS, LLC, : CIVIL ACTION - LAW Defendants. : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Elaine Estis c/o Christopher J. Marzzacco, Esquire Anapol Schwartz 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 1"..J You are hereby notified to file a written response to the enclosed Answer and New Matter of Defendant within twenty (20) days from service hereof or a judgment may be entered against you. DATE: Respectfully submitted, LAVERY FAHERTY B R. Hildabrand, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Defendant Pilot Travel Centers, LLC Karl R. Hildabrand, Esquire Lavery Faherty 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khi ldabrand@laveryl aw. corn Attorney for Defendant Pilot Travel Centers, LLC ELAINE ESTIS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 14-6114 PILOT TRAVEL CENTERS, LLC, : CIVIL ACTION - LAW Defendants. : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT 1. Admitted in part and denied in part. It is admitted that the plaintiff is Elaine Estis. Defendant is without knowledge or information sufficient to foul' a belief as to the truth of the remaining averments set forth in Paragraph 1 and the averments are therefore denied. 2. Admitted. 3. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 3 and the avennents are therefore denied. 4. It is admitted that on November 23, 2013, the Defendant owned, managed, and operated the Pilot Flying J Travel Plaza located at 1501 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. Defendant is without knowledge or information sufficient to form a belief as to the "precise area of the premises where the aforementioned [alleged] trip and fall took place" and are therefore unable to respond further. 5. The response to Paragraph 4 above is 6. Denied. The averments of Paragraph is demanded at trial. 7. Denied. The averments of Paragraph is demanded at trial. 8. Denied. The averments of Paragraph is demanded at trial. 9. Denied. The averments of Paragraph is demanded at trial. incorporated herein by reference. 6 are specifically denied and proof thereof 7 are specifically denied and proof thereof 8 are specifically denied and proof thereof 9 are specifically denied and proof thereof 10. Denied. The averments of Paragraph 10 are specifically denied and proof thereof is demanded at trial. 11. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 11 and the averments are therefore denied. 12. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 12 and the averments are therefore denied. 13. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 13 and the averments are therefore denied. 14. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 14 and the averments are therefore denied. COUNT I — NEGLIGENCE ELAINE ESTIS vs, PILOT TRAVEL CENTERS, LLC 15. The averments of Paragraphs 1 through 14 hereof are incorporated herein by reference. 2 16. Denied. The averments of Paragraph 16 and subparagraphs (a) through (e) are specifically denied and proof thereof is demanded at trial. NEW MATTER 17. Plaintiff's Complaint is barred by the statute of limitations. 18. Any harm sustained by the Plaintiff in the alleged incident, which is denied, was caused solely, proximately and/or substantially by the careless and negligence of conduct of the Plaintiff and Plaintiffs Complaint is barred, in whole or in part, by the provisions of the Pennsylvania Comparative Negligence Statute. 19. Plaintiff has failed to mitigate her damages. 20. Plaintiffs Complaint is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 21. Any injuries or damages alleged by the Plaintiff, which are denied, pre-existed the accident in question or occurred subsequent to the date of the accident in question. 22. Plaintiff assumed the risk of her alleged injuries. 23. Any harm sustained by the Plaintiff, which is denied, was caused by the actions of individuals or entities other than the within Defendant with any liability on the part of the within Defendant being specifically denied. 3 24. Plaintiff's claim is barred by the selection of the limited tort option on applicable policies of insurance. Respectfully submitted, LAVERY FAHERTY By. DATE: 4 rl R. Hildabrand, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Defendant Pilot Travel Centers, LLC VERIFICATION I, Stephen Blair, verify that the statements made in the foregoing Answer and New Matter of Defendant are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, with the law firm of Lavery Faherty, do hereby certify that on this /0 day of November, 2014, I served a true and correct copy of the foregoing Answer and New Matter of Defendant, via U.S. First Class mail, postage prepaid, addressed as follows: Christopher J. Marzzacco, Esquire Anapol Schwartz 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 Attorney for Plaintiff R. Hildabrand, Esquire ANAPOL SCHWARTZ BY: CHRISTOPHER J. MARZZACCO, ESQUIRE I.D. # 78262 4807 Jonestown Rd., Suite 148 Harrisburg, PA 17109 (717) 901-3500 fax (717) 909-0300 cmarzzacco@anapolschwartz.com Attorney for Plaintiff FILED -OFFICE HE PI?CI HoNU it -.i%' ? ftlLEC-8 PM 2:56 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELAINE ESTIS, Plaintiff v. PILOT TRAVEL CENTERS, LLC Defendant No: 2014-6114 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff Elaine Estis, by and through her attorney, Christopher Marzzacco of Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., and hereby replies to the New Matter of Defendant as follows: 17. The averment contained in this paragraph is a conclusion of law to which no response is necessary. To the extent that a response is required, the averment is denied and strict proof thereof is demanded at trial. 18. The averment contained in this paragraph is a conclusion of law to which no response is necessary. To the extent that a response is required, the averment is denied and strict proof thereof is demanded at trial. 19. The averment contained in this paragraph is a conclusion of law to which no response is necessary. To the extent that a response is required, the averment is denied and strict proof thereof is demanded at trial. 20. Denied. The averment contained in this paragraph refers to incidents relative to motor vehicles accidents, and as such is not relevant to the instant matter. 21. Denied. Plaintiff's injuries and damages are a direct result of the accident which occurred on November 23, 2013, as alleged in Plaintiffs Complaint. 22. The averment contained in this paragraph is a conclusion of law to which no response is necessary. To the extent that a response is required, the averment is denied and strict proof thereof is demanded at trial. 23. The averments contained in this paragraph are conclusions of law to which no response is necessary. To the extent that a response is required, the averments are denied and strict proof thereof is demanded at trial 24. Denied. The averment contained in this paragraph refers to incidents relative to motor vehicles accidents, and as such is not relevant to the instant matter. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the amount requiring compulsory arbitration. Date: 12/5/14 BY: Respectfully submitted, ANAPOL SCHWARTZ stopher J Marzzacco, Esquire ANAPOL SCHWARTZ BY: CHRISTOPHER J. MARZZACCO, ESQUIRE 1.D. # 78262 4807 Jonestown Rd., Suite 148 Harrisburg, PA 17109 (717) 901-3500 fax (717) 909-0300 cmarzzacco(a,anapolsch wartz. com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELAINE ESTIS, Plaintiff v. PILOT TRAVEL CENTERS, LLC Defendant No: 2014-6114 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service The undersigned hereby certifies that on this date, a copy of the foregoing document was served upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first-class US mail delivery, to: Date: a S--(`( Karl R. Hildabrand Lavery Faherty 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Christopher J. Marzzacco, Esquire