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Home My WebLink About94-05597 . > ~ )-.' d ...., c:(: I . I 71 h I ~ ( '- ~ I J f:'-... <:1'1 lti~ ! ! , I , . ::r-! 0- i/ 01 <:1 -'-.., II II " II THB COURT or COKHOI PLIAS CUMBBRLAlID COUITY. PUJl/SYLVAJUA ;...:.( To No,QLf-,SSQ7 ~9 "~ Civil Action - (~aw ( )Equity JlllUrlR PALHIR 316 South 3rd Street Harrisburg, PA 17104 Plaintiff (s) & Adduss I es ) AJAY SERVICES, INC., t/d/b/M CLIANTIAH BUILDING SERVICES COHPANY 1059 Columbus Avenue Lemoyne, PA 170.3 versus Defendantls) & Addressles) ~MElfLr.QLlfll't..Qr S~1rn TO THB PROTHONOTARY OF SAID COURT: summons in the above-captioned action. Please issue writ of _L Writ of Summons shall be Michael J. Pykosh Wagner Building-Suite 205 355 Korth 21st Street Camp Hill, PA 17011 HUl 97 5 -~H,~_____",___.._ Kame/Address/Tele. Ko. of Attorney issued and forwarded to I )Attorney r,>\Sheriff 2J@~/IfAiL-. Signature ~ xtcrrney Supreme Court 10 Ko. 58851 Date: September 23, 1994 1OU.t. Q.l. S.uMttQU TO THE ABOVE KAHED DBFEKDAKTIS): AJAY SERVICES. IKC.. t/d/b/a CLEANTBAH BUILDING SBRVICBS COHPANY YOU ARB NOTIFIED THAT THE ABOVE-NAHBD PLAIHTIFF(S) HAS/HAVB COHHBNCBD AN ACTION AGAINST YOU. Date: ~~,3(),Jq!l-'l ( ) Check here if reverse is .' eLf. W~ )(~" ' ,_ ""_n' ___"__ Prothonotary by .~<U&_a. Yr~_ issued for additional information ."... ~ - ~ ,.. ~ ')/ ~ N-'~ ,\ ~~ ~ ~~ ~, ~;,:) " J) '> l" ;::S Vi Vi ~ :j- ~ "-t '- " 0\ .':7 \!::2) :.~! ,.t r<') ()Qt'- t"- ~ - t:>) , -t~ ~~ ~ y. ~. ,'j '- , -.. J , , JENNIFER PALMER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . : NO. 94-5597 : CIVIL ACTION. LAW V. AJAY S5RVICES, INC. tIdlb/a CLEANTEAM BUILDINC SERVICES COMPANY, Defendant PRAECIPE FOR ENTRY OF APPEARANCI TO THE PROTHONOTARY: Please enter the appearance of stephen E. Ceduldlg, Esquire, and 'Thomas, Thomas & Hafer as attorneys for Defendant Ajay Services, Inc. tIdlb/a Cleanteam Building services company In the above matter, reserving our right to answer or otherwise plead. .THOMAS. THOMAS & HAFER ~Pi' By: stephen E. Ceduldlg, Esquire 1.0. No. 43530 305 NOrth Front street P.O. BOX 999 Harrisburg, PA 1710S-Q999 17171237-7119 Dated: JUIY;-'( 1995 Attorneys for Defendant, Ajay services, Inc. t1dlb/a Clean team Building services company . I ....... CERTIFICATE OF SERVICE I, Steptlen E. Ceduldlg, of the law firm of Thomas, Thomas It Hafer, do hereby certifY that on this day I served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy In the United States Mall, at Harrisburg, pennsylvania, addressed as follows: Mlcelael J. Pykosh, Esquire wagner Building, Suite 205 555 North 21st street Camp Hili, PA 17011 THOMAS, THOMAS & HAFER ~Ol- By' " stephen E. Ceduldlg, Esquire 1.0. No. 43530 305 North Front Street P.O. BOX 999 Harrisburg, PA 17108-0999 (7171 237-7119 Dated: July ~995 Attorneys for Defendant, Nay services, Inc. tld/b/a Cleanteam Building services company n ~ - r,. .r:. .' ... N "" S;.l:~. ~J.'l :::, ~. :-<::: :..- 'N , '~, "J ~ '-' " .. ,.. JENNIFER PALMIR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA P1alntlH . . : NO. 94,5597 : CIVIL ACTION, LAW : PRAECIPE AND RULE TO FILE : ..l!- A COMPLAINT : _ A BILL OF PARTICULARS v. AJAY SERVICES, INC. t1d1tJ/a CLEANTEAM ,8UILDINO IIRVlClS COMPANY, Defendant TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule on Plaintiff to 'lie a Comolalnt In the above case within twenty days after service Of the rule or suffer a Judgment of non pros. DATE: $' Signature: ~ Print Name: stephen E. Ceduldlg, ESQuire Attorney for: Defendant Address: P.O. Box 999 . 305 North Front street, 6th Floor Harrisburg. PA 17108 TelephOne No.: 717, 237-7119 Supreme Court ID No.: 43530 NOW. \ cr C.., J} l.L~ - . 11i5,RULI ISSUED AS ABOVE. l.ft t(LUII, cL Proth otary f.( l~J (NOTE: File In dupllcatel ~ -1- . .r. .._ ", '1!:1 ., ,~~- " " " " J" ..... ... ~; "., .. ;--ry .. -, t'-_ <-... , '~. s '.,,' -, ~ l- I JENNIFER PALt1ER, PI.lnttff IN THE COURT OF C0t1t10N PLEAS CUt10ERLAND COUNTY, PENNSYLVANIA II . NO. 94-5597 AJAY SERVICES, INC., r/D/O/A CLEAN rEA" BUILDING SERVICES CO., Defendant CIVIL ACTION - LAW NOTICE You have been sued In court If you wIsh to defend against the claIms set forth In thll followIng pages, you must tlll<e actlon w1thln twenty (20) days after this complaint and notIce have been served. To defend agaInst the aforementioned clmms, a wrltt.n appearance stating \lOur defenses and objectIons must be entered and moo tn wrlttng by you, the Defendant, or by an attorney, You are warned that If you fall to take action agaInst these claims, the court may proceed wIthout you and a Jud!JTlent for any mooey claImed In the complaint or for another claim requ1red by the Platntlff lfIay be entered against you by the Court wIthout further notice, You my lose money, 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 ffLOW TO FIND ooT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND CO COURTHOUSE 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE PA 17013 3387 (717) 240 6200 NOTlCIA L8 hllll demandado a usted en la corte, 51 usted qulere defendel1le de estllS dlllllandas e><puastas en las paglnas sl!J.llentes, usted tlene vlente (20) dlas de plazo el partir dela fecha de la demanda y la notlflcaclon. USted delle presenter una apar1encle 8scrlta 0 en persona 0 por abogado y archlvar en la corte en forma escrlta sus defensas 0 sus obJeclones alas demandas en contra de su pel1lona. Sea avlsado que 51 usted no se deflende, la corte tomara medldas y puede entrar una onle contra usted sin prevlo avlso 0 notlflcacloo y por cualquler queJa 0 alMo que as pedtdo en Ie pettclon de demanda, USted puede penler dtnero 0 sus propledades 0 otros derechos II'T{)0rtantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. 51 NO T1ENNE ABOGAD 0 51 NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY PA BAR ASSOCIATION LAWVER REFERRAL SERVICE 100 South Street HelTlsburg, PA 17106 (717) 236-6715 By: Mlchesl J. Pykosh MJP:ln 1 !) .'i ,; JENNIFER PALMER. PlaIntiff IN THE COURT OF CDMMOM PLEAS CUMBERLAND CDUNTY. PENNSYLVANIA Y. NO.94-5591 AJAY SERVICE~. INC.. T /O/B/ A CLEAN TEAM BUILDING SERVICES CD.. Defendant: CIVIL ACTION-LAW COt1PlAUll AND NOW. comes the Plaintiff, JennHer Palmer, by her attorneys, The Lew Offices of Dtlrrell C. Dethlefs, end In support of her compltllnt ellers tlS follows: \. The Plaintiff, JennHer Ptllmer, Is en tldult Indllllduel residing tlt 316 South 3rd Street, Harrisburg, Pennsyll/enle 17104. 2, The Defendant, Ajtly Serl/lces, Inc" Is tl corportltlon registered to do business In the State of Pennsyll/anla trading end doing business es Cleen Team Bulldlng Serl/lces Company melntelnlng a pltlce of business at 1059 Columbus AI/enue, Lemoyna, Pennsyll/tlnltl 17043. 3. On or ebout October 2, 1992, the Plelntlff, Jennifer Pell'1er, entered e women's restroom loceted In the Pennsyll/enle Blue Shield bulldlng loceted et lBOO Center Street, Cemp H1I1, Pennsyll/tlnle, 4. At epproxlmetely 10:30 e,m. Ms, Pel mer slipped end fell onto the floor of setd restroom, 5, In the locetton where the Plelntlff slipped there eppeered t-"l be e wet floor on which Ms. Psi mer slipped end fell, 6, Plelntlff did not see the wet floor end/or slippery condition of the floor unttl efter she hed slipped end fell. 7. There were no signs present In the locetlon of the restroom where Pletntlff fell werning her of the slippery condition of the floor. e, The Defendsnt, AJey Services Inc., T /D/El/A Cleen Teem Building Services Compeny Is 8 cleenlng compeny employed by Pennsylvenle Blue Shield end/or Its sgents to mslntsln snd cleen emong other duties the eforementtoned restroom where Plelntlff fell. 9, Defendant fat led to wern Plelntlff, Jennifer Pslmer, of the sllppery condition of the floor In the sectton of the restroom where Plelnttff fell. 10, Defendent slso felled to correct the slippery condition of the floor In this sectton of the restroom where Plelntlff fell, 11. The accIdent and subsequent InjurIeS suffered by PlaIntiff were caused solely by the negligence of Defendant In flllllng to wllrn Plaintiff of the slippery condition of the floor in thIs sectIon of the restroom where plllintiff fell and In flll11ng to correct this slippery condition of the floor in the section of the restroom where Plaintiff fell. 12, As II result of the fall the Plaintiff suffered serIous physIcal injury Including but not IImlted to injuries to Plaintiffs neck and lower back, 13, As II result of the injury Plllinttff incurred loss of wages and makes II claim therefore. 14, As a further result of the injury PlaIntiff antIcipates future loss of wages and thus makes a claim therefore. 15. As II result of the injury Plaintiff anticlplltes future medical expenses and thus makes a claim therefore, 16, As II further result of the incident Plaintiff indured peln IInd suffering, hum11111tion and embarrllssment and ant1cipates suffering the slime in the future IInd therefore makes a claim therefore, WHEREFORE. Platnttff, Jennifer Palmer, demands judgment against Defendant In a sum exceedtng $30,0000,00 In demands tr1al by jury. Respectfully Submated, LAW OFFICES OF DARRELL C. DET LEFS Michael J, P s, Es utre Attorney 10 No, 88 1 Wagner Building-Suite 205 355 North 21 st Street Camp Hili, PA 170 II (717)975-9446 By: . CERTIFICATE OF SERVICE .,~ AND NOW, thIs ~ I day of August, 1995, I do hereby certify that e true and correct copy of the foregoIng ComplaInt has been served upon the followIng Indl~'ldual by placIng the same In the United States Mall, fIrst class, postage pre-paId and addressed as follows: Steven E. Gedudlg, EsquIre Thomas, Thomes &. Hafer 305 North Front Street SIxth Floor P.Q,Box 999 HarrIsburg, PA 17106 Mlchee1 J, Pyko , E Attorney 10- 5665 Wagner BuildIng-Suite 205 355 N 21 st Street Camp Hill, PA 17011 (717)975-9446 " By: Date: k,ust.2J l qq5 K: - 5' ... No CO -,.. ~~ p.~ ~... ,u" .- l".J it '":"""..t! ~Q,J ~1. ','~ .5C:; .~ .. -... "(.VI '" .' ...... ... :::0 - .,... "" .:',-- > o ..~ . . PlaIntiff : IN THE COURT OF COMMON PLlAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94-5597 : CIVIL ACTION - LAW JENNIFER PALMER, v. AJAY SERVICES, INC., Defendant IMPORTANT NOTICI YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN 1101 DAYS FROM THE DATE OF THIS NOTICE, A JUDCMENT MAY BE ENTERED ACAINST YOU WITHOUT A HEARINC AND YOU MAY LOSE YOUR RICHT TO SUE THE DEFENDANT($) AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RICHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD Ot.lE, CO TO OR TELEPHONE THE FOLLOWINC OFFICE TO FIND OUT WHERE 'tOU CAN eET LECAL HELP: Central pennsylvania Legal services 213-A N. Front street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER {;7 (/-4/ BY Stephen E. Ceduldlg, ESQUI e I.D.NO.43530 305 N, Front Street P.O. BOX 999 Harrisburg, PA 17108-0999 17171237'7119 Attorneys for Defendant, Ajay services, Inc. Dated: August 18, 1995 CIRTIFICATI OF SIRVICI I, stephen E. Oeduldlg, of the law firm of Thomas, Thomas .. Hafer, do hereby certifY that on this day 1 served a true and correct copy of the foregoing NOTICI on the following by certified mall, return receipt requested, addressed as fOllOWS: Michael J. Pykosh, Esquire wagner Building, suite 205 555 North 21st Street camp Hili, PA 17011 THO~~~" HAFIR By: ~:(~(L Stephen E. Oeduldlg, Esquire I.D. No. 43530 305 North Front street P.O. Box 999 Harrisburg, PA 17108-0999 17171 237-7119 Attorneys for Defendant, Ajay services, Inc. Dated: AUgust 18,1995 Y. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNT, PENNSVLVANIA ; NO, 94-5597 JENNIFER PALMER, Plotntltt AJAY SERVICES, INC., tld/b/s CLEAN TEAM BUILDING SERVICES cn, Detendllllt : CIVIL ACTION - LAW VERIFICATION I hereby veri fy that the statements of fact made In the foregoing Complaint are true and correct to the best of my knowledge, Informlltlon llnd belief. I understllnd that llny false statements therein are subject to the criminal penalties contained In I B Pa, C,5, ~ 4904, rellltlng to unsworn flllslflclltlon to authorities, ~~i~~ JE IFER PAL ER Dllted: '3/3fJ/QS !R ~ t:f co >- ",'" ..... """t-.~ "... ~") .-J~ _. ;.ct.,-'- .....oc:t:..r- .....:r: ."Ii n~..::..",.:. ..po ,; -I'''' -.'" .1::1 , ,~_,,.i: ,. ;:.',:~' ~'" 0'-' - C'>') u ~ ., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94,5597 : CIVIL ACTION. LAW JENNIFER PALMER, v. AJAY SERVICES, INC. tJdlb/a CLEAN TEAM BUILDINC SERVICES COMPANY, Defendant NOTICE TO PLIAD TO: JENNIFER PALMER, Plaintiff, and MICHAEL J. PYKOSH, ESOUIRE, Her Attorney: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default Judgment may be entered against you. THOIIAS, THOMAS . HAFER Dated: september 1 ,1995 BY:~ ~ePhenE.cedUldI9,~~Ulre 1.0. NO, 43530 305 North Front street p,O, Box 999 Harrisburg, PA 17108-0999 (717) 237-7119 Attorneys for Defendarlt, AJay services, Inc. t1d/b/a Clean Team Building services company ':.1' PlaIntlH : IN THI COUIT Oil Co.lION PLUS : CllU.lIllLAND COUNTY, PINNIYLVANIA . . JINNIPB PALMIIt, : NO. 84-55" v. . : CIVIL ACTION. LAW AJAY SDVICII, INC. tIdlb/a CLON TIAM BUILDING slIMcn COMPANY;' Defendant AIIISW_ AIIIID NEW IlATTIR OF m._ _JDAIIIIT, AMY t -.'ICES, lie. tJdJb/a CLIAH TEAll BUIlD.O SEIMCI!S CO_MY, TO PLUITIFfl'S COIIPLAINT AND NOW. comes Defendant, Ajay services, Inc. t1d/b/a Clean Team Bulldlno services ComlJany, by and through Its attorneys, Thomas, Thomas & Hafer, and responds to Plaintiff's complaint as follows; 1, Denied pursuant to Pa. R. Clv, p, 1029(e). 2, Denied. Ajay services. Inc, tld/b/a Clean Team Bulldlno services Company maintains a place a business at 651 Market street. Lemoyne, pa" 17043. 3. Denied pursuant to Pa, R. Clv. p, 1029(e). 4, Denied pursuant to Pa. R. Clv. P. 1029(e). 5. Denied pursuant to Pa, R, Clv, P. 1029(el. 6. Denied pursuant to Pa. R. Clv, P. 1029(e). 7. Denied pursuant to pa. R. Clv. P. 1029(el. 8. Denied pursuant to Pa. R. Clv. P. 1029(el. 9. Denied pursuant to Pa, R. Clv. P. 1029(el. 10. Denied pursuant to Pa. R. Clv. P.1029(el. 11. Denied pursuant to pa. R. Clv, P. 1029(el. 12. DenIed pursuant to Pa. R. Clv. P. 1029Iel. 13. Denied pursuant to Pa. R. Clv. P. 1029Iel. 14. Denied pursuant to Pa. R. Clv. P.1029Ie). 15. Denied pursuant to pa. R. Clv. P.1029Iel. 16. Denied pursuant to pa. R. Clv. P.1029Iel. WHERIlFORI, Defendant, AJay services, Inc. t1dlb/a Clean Team Bulldlno servIces company, respectfully requests that Judgment be entered In Its favor and agaInst the Plaintiff. NEW MAnER 17. Defendant, AJay services, Inc. t1d/b/a clean Team Building services company, Incorporates herein by reference as If fUlly set forth at length, paragraphs 1.16 of Its Answer to Plaintiff'S complaint. 1B. If there were any substance on the floor, which Is specifically denied as aforesaId, Defendant had no actual or constructive notice of same, to have taken reasonable corrective measures. 19. No act or omission on the Pilrt of Defendant, Its agents, employees or servants, caused Plaintiff's InJuries, If any. 20. Defendant had no legal dUty with respect to the alleged condition Which caused Plaintiff's alleged fall, 21. Plaintiff's InJuries, If any, were caused bY her own negligence. which negligence bars or limits any recovery. based on the comparative Negligence Act. Defendant more specificallY avers said negligence as follows: '2' Ii1l failure to keep a proper lookout; Ib) failure to be attentive; IC) failure to avoid. or otherwise react to, an open and Obvious condition of the floor; and Id) failure to use caution upon walking across the floor. 22. Plaintiff'S claims may be barred by the applicable statute of limitations. 23. Plaintiff may have failed to mitigate her damages. 24. Plaintiff's conduct, as specified aforesaid, constitutes a knowing assumption of the risk, which bars Plalntlff's recovery. WHEREFORE, Defendant, Ajay services. Inc. tld/b/a Clean Team Building services company, respectfully requests that Judgment be entered In Its favor and against the Plaintiff. THOMAS, THOMAS & HAFER By s~ulre I.D, No. 43530 305 N. Front street P.O, BOX 999 Harrisburg. PA 17108-0999 017) 237-7119 Attorneys for Defendant, Ajay services, Inc, t1d1b/a Clean Team Buldlng services company Dated: IEP 0 1"199&- .3- VIlIFICATION I, stephen L Geduldla. Isqulre, state that I am the attorne-,/ for Alav services, Inc. tldlb/a Clean Team Building 5ervlcl!S company, that I make this Verification on behalf Of Defendant, Alay services, Inc., tJd/b/a Clean Team Building services Company, and that I am familiar with the facts and allegations 5et forth In the foregoing AIII._ AND NEW MATTER. I have read the foregoing document and hereby affirm that It Is true and correct to the best of my personal knowledge, Information and belief. This Verification Is made pursuant to 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. ~. STEPHIN I. GIDULDIG. ISOUIII Dated: september7 . 1115 CERTIFICATI OF SERVICI I, stephen E. Ceduldlg, of the law firm of Thomas, Thomas & Hafer, do hereby certifY that on this day I served a true and correct copy of the foregoing ANSWU AND NIW MATTER on the following by depositing a true and correct copy In the United states Mall, at HarrisbUrg, pennsylvania, addressed as follows: Michael J. Py~osh. ESquire LAW OFFICES OF DARRELL C. DETHLEFS Wagner Bulldllng . Suite 205 555 North 21st street Camp Hili. PA 17011 THOIIAS. THOIIAS a HAFER BY:~ stephen E, oeduldlg, Quire I.D. NO. 43530 305 North Front street P.O. BOX 999 Harrisburg, PA 1710a-0999 (717) 237-7119 Attorneys for Defendant, AJay services, Inc. t1dlb/a Clean Team Building services company Dated: september7 ,1995 ~ ,- - -, '-= ~ .... ." ~, c (') <:0 .... .... ..,.. L ~ ~ I:i ~~ w . .. 0 .. ~ .. " .. " i ~ ... z " Q i ~ .; ~ 0 CO .. .. ~ ~ ~ z 0 " .. .. .. ~ i 0 ::: z .. .. ~ .. ~ z 2 0 ... 101 ~ ,. .. .-' .. ., , VIliFICATION I, Bruce SChwartz, state that I am ~e s ,Dt::'.v" of AJay services, Inc. tIdlb/a Cloan Team Building services company, that I make this Verification on behalf of Defendant, AJay serviCes, Inc., tldlb/a Clean Team Building Services company. and that I am familiar with the facts and allegations set forth In the foregoing ANSw_ AND NEW MATTER. I have read the foregoing document and hereby affirm that It Is true and correct to the best of my personal knowledge. Information and belief. This Verification Is made pursuant to 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. /' Dated: september 1/.1995 ~ - iE .. .-4 ,Y) >-,... ~... .... ~ UI(l-:o, '-;?r --'-": (.,C'.. I....;. . ""':.:~ r--J "I ~ .~'~-' " ... ~ > ~~~ '- .. -, - - ... JENNIFER PALMER, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5597 v. CIVIL ACTION-LAW AJAY SERVICES, INC. t/d/b/a CLEAN TEAM BUILDING SERVICES COMPANY, Defendant PLAINTIFF I S ANSWER TO DEFENDANTS NEW MATTBR AND NOW, comes Plaintiff, Jennifer Palmer, by and through her attorneys, The Law Offices of Darrell C. Dethlefs, and responds to Defendant's new matter as follows: 17. No response required, 18. Denied. It is specifically denied that Defendant had no actual or constructive notice of any substance on the floor, to have taken reasonable corrective measures. Proof to the contrary is demanded at the time of trial. 19, Denied. It is specifically denied that no act or omission on the part of Defendant, its agents, employees or servants, caused Plaintiff's injuries, if any, Proof to the contrary is demanded at the time of trial. 20. Conclusion of Law to which no response is required, if it is deemed that i), response is required to this allegation it is specifically denied that defendant had no legal duty with respect to the alleged condition which caused Plaintiff's fall. Proof to the contrary is demanded at the time of trial. 21. Denied. It is specifically denied that Plaintiff's injuries were caused by her own negligence, which negligence bars or limits any recovery, based on the Comparative Negligence Act. Proof to the contrary is demanded at the time of trial. More specifically Plaintiff specifically denies the averments of said negligence as follows: (a) Denied. Plaintiff specifically denies that she failed to keep a proper lookout. Proof to the contrary is demanded at the time of the trial. (b) Denied. Plaintift specifically denies that she tailed to be attentive. Proof to the contrary is demanded at the time of the trial. (c) Denied. Plaintiff specifically denies that she failed to avoid, or otherwise react to, an open and obvious condition of the floor. Proof to the contrary is demanded at the time of the trial. (d) Denied. Plaintiff specifically denies that she failed to use caution upon walking across the floor. Proof to the contrary is demanded at the time of the trial. 22. Said averment constitutes a Conclusion of Law to with no response is required. If a response is deemed to be required, it is specifically denied that Plaintiff's claim is barred by the applicable statute of limitations. Proof to the contrary is demanded at the time of the trial. 23. Denied. It is specifically denied that Plaintiff failed to mitigate her damages. Proof to the contrary is demanded at the time of the trial. 24. Denied. It is specifically denied that Plaintiff's conduct, as specified aforesaid, constitutes a knowing assumption of the risk, which bars Plaintiff's recovery. Proof to the contrary is demanded at the time of the trial. NHBRBFORB, Plaintiff, Jennifer Palmer, respectfully requests that judgment be entered in her favor and against the Defendant. By: Ii'S LAN OPPICES 011' DARRELL C. Michael J. Attorney ID# 5885 Wagner Building-Suite 205 355 North 21st Street Camp Hill, PA 17011 (717)975-9446 Dated:~lqq5 VRRIi'ICATION I hereby verity that the statements ot tact made in the toregoing Answer are true and correct to the best ot my knowledge, intormation and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. ~~~ Dated: q- ~O-qS CBRTIPlCATB OF BBRVICB ..+- AND NOW, this JI day of September, 1995, r do hereby certify that a true and correct copy of the foregoing Answer has been served upon the following by depositing a true and correct copy in the United States Mail, at Camp Hill, Pennsylvania, addressed as follows: Stephen E. Geduldig, Esquire 305 North Pront Street P.O.Box 999 Harrisburg, PA 17108-0999 Respectfully Submitted, FS / '1'- By: H Michael J. kosh,!Esquire Attorney rD# 5889S Wagner Building-Suite 205 355 North 21st Street Camp Hill, PA 17011 (717)975-9446 Date: ~p+ ~ \ \ I\q S ~ . ~ ;;:l,_ :=; ,::) {'''l N .... u.. V> \:':) W .. i': I, 1:"(-' ( 1- f.::l... I Cj ('" l.,' l,-. I [ [ I . 1....,._ ~ " (":) I ( t,'; , ~ , , I ',) ~ ..... .;,.., --