IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`CIVIL DIVISION
`
`LAVERNE D. WILLIAMS
`
`Plaintiff(s)
`
`v.
`
`KAMAR WILLIAMS et.al.
`
`Defendant(s)
`
`June 21, 2023
`Date Motion Served:
`
`CIVIL DIVISION
`
`AR-23-2487
`CASE NO.
`
`Type of Contested Motion
`Preliminary Objections
`
`Counsel of Record for Plaintiff(s)
`Name
`Wayne M. Chiurazzi, Esquire
`101 Smithfield Street
`Address
`Pittsburgh, PA 15222
`
`Phone Number
`412-434-0773
`Email
`wchiurazzi@the-attorneys.com
`
`Counsel of Record for Defendant(s)
`Albert G. Reese, Jr., Esquire
`Name
`640 Rodi Road, 2nd Floor
`Address
`Pittsburgh, PA 15235
`
`Phone Number
`areese8897@aol.com
`Email
`
`412-241-1697
`
`Albert G. Reese, Jr.
`I _________________________ ESQ. HEREBY CERTIFY THAT THIS MOTION
`REQUESTS RELIEF FOR A CASE THAT HAS NEVER APPEARED ON ANY
`PUBLISHED TRIAL LIST , HAS NOT BEEN DESIGNATED COMPLEX , AND OR
`COMPLEX DESIGNATION IS NOT PENDING .
`
`

`

`IN THE COURT OF COMMONPLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA,
`CIVIL DIVISION
`
`LAVERNE D, WILLIAMS
`Plaintiff,
`
`Docket No. AR-23-2487
`
`V.
`
`KAMAR WILLIAMSet.al.
`Defendant.
`
`DEFENDANTS PRELIMINARY
`OBJECTIONS TO PLAINTIFF’S
`COMPLAINT
`
`Filed on Behalf of:
`Defendants
`
`Counsel of Record:
`ALBERTG. REESE, JR., ESQUIRE
`PA LD. #93813
`AGRLaw,P.C.
`640 Rodi Road, 2"Floor, Suite 2
`Pittsburgh, PA 15235
`Phone: (412) 241.1697
`Fax: (412) 241.1687
`areese8897@aol.com
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA,
`CIVIL DIVISION
`
`LAVERNED. WILLIAMS
`Plaintiff,
`
`Vv.
`
`KAMAR WILLIAMSet.al.
`Defendant.
`
`Docket No. AR-23-2487
`
`PRELIMINARY OBJECTIONS AND BRIEF IN SUPPORT
`
`AND NOW COMES,Defendants, Kamar Williams, et.al., by and through Attorney Albert
`G. Reese, Jr., Esquire, and AGR Law,P.C. and file the within Preliminary Objections of which
`the following is a statement:
`
`1. Plaintiff, Laverne D. Williams (hereinafter “Plaintiff”), is an adult individual residing at
`2170 Rhine Street, Pittsburgh, PA 15212.
`
`. Defendant, Kamar Williams (hereinafter “Defendant Williams”), is an adult individual
`
`residing at 16 High Court, New Kensington, PA 15068.
`Defendant, Marvel Homes, LLC (hereinafter “Defendant Homes”) is a Pennsylvania
`limited liability company with its principal place of business at 116 North Negley
`Avenue, Suite 202, Pittsburgh, PA 15206.
`Defendant, Marvel Holdings LLC (hereinafter “Defendant Holdings”), is a Pennsylvania
`limited liability company with its principal place of business at 16 High Court, New
`Kensington, PA 15068.
`
`Defendant, Marvel Holdings Trust (hereinafter “Defendant Trust”) ....
`All claims asserted therein against Defendants should be dismissed with prejudice.
`Defendants incorporate their attached Brief in Support, setting forth in detail why all of
`the claims should be dismissed.
`
`The property in which the events allegedly occurred is located at 628 Kirkpatrick Street,
`Pittsburgh, PA 15219,
`
`

`

`On or about October 1, 2020, the parties, Plaintiff and Defendant Marvel Homes LLC
`
`entered into a community room contract. Exhibit A.
`
`10,
`
`On or about May 20, 2021, Plaintiff was given Notice to Vacate for Failure to Pay Rent.
`Exhibit B.
`
`11.
`
`On or about May 30, 2021, Plaintiff alleges that this incident occurred as described in her
`
`Complaint. Exhibit C.
`
`12,
`
`13.
`
`14.
`
`15.
`
`16.
`
`Plaintiff initiated this action by filing a Complaint on or about May 10, 2023. A true and
`correct copy of the Complaint is attached as Exhibit C.
`A hearing is scheduled for October 17, 2023 at approximately 9:00 A.M.in the City
`County Building,
`
`The Complaintalleges, in summary, that Defendants were the sole causeofthe Plaintiffs
`injuries sustained after a slip andfall at the home she was renting for approximately
`seven (7) months,
`
`PRELIMINARY OBJECTION FOR PURSUANTTO PA.R.C.P. 1028(a)(3) FOR
`INSUFFICIENT SPECIFICITY OF PLAINTIFE’S COMPLAINT
`
`Objecting Defendants incorporate by reference the averments contained in paragraph one
`through fourteen as set forth herein.
`
`Plaintiff's Complaintalleges that due to inadequate lighting and inadequate stairs caused
`her to slip and fall.
`
`17.
`
`Pa. R.C.P. 1019(f) requires that “averments of time, place, and items of special damage
`shall be specifically stated.”
`
`18.
`
`Paragraphten of Plaintiffs Complaint fails to state in any respect the time ofthe alleged
`incident.
`
`19,
`
`Further, Plaintiffs Complaint purports to allege carelessness and negligence onpart of
`the Defendants with references to, inter alia, “negligence and/or carelessness, in
`general.”
`
`20,
`
`Pa, R.C.P, 1019(a) requires that the material facts on which a cause of action is based
`
`21.
`
`shall be stated in a concise and summary form.
`Plaintiff's Complaintfails to set forth with sufficient specificity the nature of the alleged
`“dangerous condition” or the location or nature of the alleged conditions.
`
`

`

`22, Plaintiff's complaint lacks sufficient specificity to apprise Defendants of the issues to be
`litigated to allow them to adequately prepare and assert defenses to the Plaintifi’s
`allegations, and/orto identify and join any potentially responsible parties as additional
`defendants,
`
`WHEREFORE,Defendantsrespectfully request this Court to grant their preliminary
`objection by way of demurrer and dismiss all counts of Plaintiff's Complaint.
`
`PRELIMINARY OBJECTION FOR INSUFFICIENCY OF ALLEGATIONS
`
`
`
`AGAINST KAMAR WILLIAMS
`
`23, Objecting Defendants incorporate by reference the averments of Paragraphs one through
`twenty-five above,as if set forth herein at length.
`24. All claims against Defendant Williams should be dismissed with prejudice under Rule
`1028(a)(4)for legal insufficiency/failure to state a claim against him as an individual.
`
`WHEREFORE,Defendant respectfully requests this Court to grant his preliminary objection
`by way of demurrer and dismiss all counts ofplaintiffs’ Complaint as to him plus costs of
`defense of this matter and suchother relief as this Honorable Court deems appropriate,
`
`PRELIMINARY OBJECTION FOR INSUFFICIENCY OF ALLEGATIONS
`
`AGAINST MARVEL HOLDINGS LLC
`
`25. Objecting Defendants incorporate by reference the averments of Paragraphs one through
`twenty-seven above, as if set forth herein at length.
`26, Objecting Defendants incorporate by reference the averments of Paragraphs one through
`twenty-five above, as if set forth herein at length.
`27, All claims against Defendant Holdings should be dismissed with prejudice under Rule
`1028(a)(4) for legal insufficiency/failure to state a claim against him as an individual.
`
`WHEREFORE,Defendantrespectfully requests this Court to grant his preliminary objection
`by way of demurrer and dismiss ali counts ofplaintiffs’ Complaint as to him plus costs of
`defense of this matter and such otherrelief as this Honorable Court deems appropriate.
`
`

`

`WHEREFORE, Defendant respectfully requests this Court to grant his preliminary objection
`by way of demurrer and dismissall counts ofplaintiffs’ Complaint as to him plus costs of
`defense of this matter and such otherrelief as this Honorable Court deems appropriate.
`
`Date: June 20, 2023
`
`Respectfully submitted,
`
`/s/ Albert G. Reese, Jr., Esq.
`Albert G. Reese, Jr. Esquire
`Attorney for Defendant
`
`

`

`can
`
`MarvelHomes,LLC
`
`
`
`.
`
`Community Home Room Compensation Agreement
`
`This community room contractis made between::
`
`Wént-Roomer)
`he
`Marvel Homes, LLC and__<
`Ph, PA [5219
`Room inside of GOPKirKadech 36
`and fs automatically renewedafter 30 days forthe amount of
`This ts
`dailyagreement beginning he Ido
`$
`_ a month along with a security deposit of$ S te . Proration appiles to the following monthif the move tn occurs
`after the 5“, Utilities are notincluded.
`
` Nt Pe we‘(Résident-Roomer)isrespensibléforTrash:removaland keepinghis/herarealean.Roomerwill nat
`bringanyguestste reside avernightinsaid premises. Roomerwill notcausediscord orbedisruptiveto.otherresidents. Roomerwill
`not smokeor be undertheinfluence on the premises. This agreementis for (SRO) only. One persen to a room.
`J
`(Resident-Roomer}agreestousethe.premisesforresidentialipurposesonlyandnotforillegal,
` {Resident-Roomer) is responsible for insuringher personal property.
`
`immoralorhazardouspurposes,‘Noactsofaggressiontolerated.
`oXu
`“ (Resident-Roome:)must,continuetoabidebytheMarvel
`HHomesLLC© CommunityHoine HouseRules,
`
`herein attached.Any items ramaining on the property 48 hours after move-outwill be donated..
`pisciaimens:-
` month.Ifthe1° fallsonawecketdyourpaymentIsduetheoroceedinagBu
`
`
`
`
`due datethere is a $50 ate fee.
`/followingdisclaimer.
`ws Pennsylvania Contract Law -
`"”Peringylvanta'slandlordandtenantlawspecificallystatesthatrooming, boardingandhotelaccommodationsarenotcoverdilunderthe
`_. Protection ofthat act, Instead,Pennsylvania’s contract lawappliesbetween youavid yourlandlord,whether|the contractis 4written lease ora
`verbalagreement.Ifyou.areubder'sa‘verbalagreement,youneedtahold entoFental recelptsahd’any ai herhard«Copydoc umentationto
`oe havehandylacaseyou!needtoprove yourrantalamountoranyothérissuethatyourlandlordmay Cause, _
`
`D2 -EvictionProcess
`coos
`
`
`. Atypicalresidential Pennsylvania eviction processé
`o tenant from thehome,
`
`
` ‘ *Youdonotothavethe:samerightsandprotectionththitaaguarresidentlattenantbidsdivetothenatureofyaiierhotsigSituation,*
`CommunityHometoassistthosefnneedofreadjustmenttosoclaty,
`.
`
`
`
`"EXHBIT
`
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`
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`

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`Previous address: ee :aZIPCode
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`| ZaPcode:
`_
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`

`

`
`
`Notice to Vacate for Rent or Infractions for LAVERNE
`
`WILLIAMS
`
`Per Pennsylvania Rooming Contract Law
`
`1...
`
`Pennsylvania Contract Law
`
`o Pennsylvania's landlord and tenant law specifically states that rooming,
`boarding and hotel accommodations are not covered underthe protection of
`that act. Instead, Pennsylvania's contract law applies between you and your
`landlord, whether the contract is a written lease or a verbal agreement. If you
`are under a verbal agreement, you need to hold on to rental receipts and any
`other hard copy documentation to have handy in case you need to prove your
`rental amountor any other issue that your landlord may cause.
`Eviction Process
`
`2.
`
`©
`
`A typical residential Pennsylvania eviction process consists of several notices and a hearing before the landlord
`can physically remove the tenantfrom the home.In the situation of a rooming house, however, the landlord
`can simply lock you out of the room unlessa different eviction process is specifically detailed in the
`lease agreementor oral agreement provided by the landlord to the tenant.
`
`3. "You do not have the same rights and protection that a residential tenant has due to the nature of your
`housing situation.*******"**
`
`Call 724-472-6326 / 412-656-4458 to remedy
`
` é
`
`2Wi
`\ oo
`
`

`

`IN THE CoURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`LAVERNE D. WILLIAMS,
`
`ARBITRATION DIVISION
`
`PLAINTIFF,
`
`No.
`
`¥8.
`
`KAMAR WILLIAMS, MARVEL HOMES, L.L.C.,
`MARVEL HOLDINGS LLC, and MARVEL
`HOLDINGS TRUST,
`
`COMPLAINTIN CIVIL ACTION
`
`DEFENDANTS.
`
`Filed on behalf of Plaintiff:
`Laverne D, Williams
`
`Counsel of Record for this Party:
`
`Wayne M.Chiurazzi, Esquire
`PA ID # 63595
`
`Donna M.Flaherty, Esquire
`PA ID# 70403
`
`Sarah M.Benedetti, Esquire
`PA ID# 324176
`
`THE CHIURAZZI LAW GROUP
`101 Smithfield Street
`Pittsburgh, PA 15222
`
`Phone: (412) 434-0773
`Fax: (412) 434-0776
`wchiurazzi@the-attorneys.com
`
`EXHIBIT
`
`C
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`LAVERNE D. WILLIAMS,
`
`ARBITRATION DIVISION
`
`PLAINTIFF,
`
`No.
`
`V5.
`
`JKKAMAR WILLIAMS, MARVEL HoMES,L.L.C.,
`MARVEL HOLDINGS LLC, and MARVEL
`HOLDINGS TRUST,
`
`DEFENDANTS.
`
`b:
`
`NOTICE TO DEFEND
`
`YOU HAVE BEEN SUEDIN COURT. If you wish to defend against the claimsset 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 andfiling 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 further notice for any money claimedin 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 PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
`GET LEGAL HELP.
`
`ALLEGHENY COUNTY LAWYER REFERRAL SERVICE
`The Allegheny County Bar Association
`920 City-County Building
`Pittsburgh, PA 15219
`(412) 261-0518
`
`

`

`HEARING NOTICE
`
`YOU HAVE BEEN SUED IN COURT.The above Notice to Defend explain what you must do
`to dispute the claims made against you. If youfile the written response referred to in the Notice
`to Defend, a hearing before a board ofarbitrators will take place in the Compulsory Arbitration
`Center. Report to the Arbitration Assembly Room, Courtroom Two, Seventh Floor City-County
`Building,
`414 Grant
`Street, Pittsburgh, Pennsylvania
`15219,
`on
`at 9:00 A.M. IF YOU FAIL TO FILE THE RESPONSE DESCRIBED IN
`THE NOTICE TO DEFEND, A JUDGMENT FOR THE AMOUNT CLAIM IN THE
`COMPLAINT MAY BE ENTERED AGAINST YOU BEFORE THE HEARING.
`
`NOTICE DUTY TO APPEAR AT ARBITRATION HEARING
`If one or more of the parties is not present at the hearing, THE MATTER MAY BE
`HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT
`THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON
`APPEAL FROM A DECISION ENTERED BY A JUDGE.
`
`NOTICE:
`
`You must respond to this Complaint within twenty (20) days or a judgment
`for the amount claimed may be entered against you before the hearing.
`
`If one or moreofthe parties is not present at the hearing, the matter may be
`heard immediately before a judge without the absent party or parties. There
`is no rightto a trial de novo on appeal from a decision entered by a judge.
`
`

`

`IN THE COURT OF COMMONPLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`LAVERNE D. WILLIAMS,
`
`ARBITRATION DIVISION
`
`PLAINTIFF,
`
`No.
`
`vs.
`
`KKAMAR WILLIAMS, MARVEL Homes,L.L.C.,
`MARVEL HOLDINGS LLC, and MARVEL
`HOLDINGS TRUST,
`
`DEFENDANTS.
`
`COMPLAINTIN CIVIL ACTION
`
`AND NOW,comesthe Plaintiff, Laverne D. Williams, by and through herattorneys, THE
`
`CHIURAZZI LAW Grov?,andfiles the following Complaint in Civil Action:
`
`- PARTIES-
`
`L.
`
`Plaintiff, Laverne D. Williams,
`
`is an adult
`
`individual and resident of the
`
`Commonwealth of Pennsylvania, residing at 2170 Rhine Street, Pittsburgh, Allegheny County,
`
`Pennsylvania 15212.
`
`2.
`
`Defendant, Kamar Williams (hereinafter “Defendant-Williams”),
`
`is an adult
`
`individual and resident of the Commonwealth of Pennsylvania, residing at 16 High Ridge Court,
`
`New Kensington, Allegheny County, Pennsylvania 15068.
`
`3.
`
`Defendant, Marvel Homes, L.L.C., is a Pennsylvanialimited liability company with
`
`a principal place of business and/orregistered office located at 116 North Negley Avenue, Suite
`
`202, Pittsburgh, Allegheny County, Pennsylvania 15206. Upon information and belief,
`
`Defendant-Williams is the sole member of Marvel Homes, LLC.
`
`

`

` | |i
`
`4,
`
`Defendant, Marvel Holdings LLC,is a Pennsylvania limited liability company with
`
`a principal place of business and/or registered address located at 16 High Ridge Court, New
`
`Kensington, Allegheny County, Pennsylvania 15068. Upon information and belief, Defendant-
`
`Williamsis the sole member of Marvel Holdings LLC.
`
`5.
`
`Defendant, Marvel Holdings Trust (“Defendant-Trust”), is legal entity with an
`
`associated address of 16 High Ridge Court, New Kensington, Allegheny County, Pennsylvania
`
`15068. Upon information and belief, Defendant-Williams is the named as Trustee of Marvel
`
`Holdings Trusts.
`
`6.
`
`Defendants, Marvel Homes, L.L.C. and Marvel Holdings LLC, and Marvel
`
`Holdings Trust are hereby referred to as, collectively, “the Marvel-Defendants,” unless otherwise
`
`identified individually.
`
`7.
`
`Atall times material times hereto, Defendant-Williams ownedthe property located
`
`at 628 Kirkpatrick Street, Pittsburgh, Allegheny County, Pennsylvania 15219 (hereinafter “the
`
`subject premises”) and operates the property as rental housing.
`
`8.
`
`At all material times hereto, the Marvel-Defendants individually and/or jointly
`
`operated, controlled, managed, and/or maintained the subject premises. At all times material
`
`hereto, the Marvel-Defendants were acting by and through its agents, servants, employees, and/or
`
`authorized representatives who were acting within the course and scope of their employment and
`
`in furtherance of the Marvel-Defendants and/or Defendant-Williams’ business and/or under the
`
`right of control of Marvel-Defendants and/or Defendant-Williams.
`
`

`

`~- FACTS -
`
`9,
`
`Atall material timeshereto, Plaintiffrented a portion ofthe property located at 628
`
`Kirkpatrick Street from Defendants.
`
`10.
`
`On or about May 30, 2021, Plaintiff sustained serious injuries and damages when,
`
`while descending thestairs at the subject premises she was caused to slip and lose her balance,
`
`which resulted in her being hurled downthe entire staircase.
`
`11,
`
`Ultimately, Plaintiff lost her balance and fell downthe steps dueto:
`
`¢
`
`*
`
`Inadequately maintained stairs — resulting in poor stairway conditions
`and/or debris left on stairs; and/or
`
`Inadequate and/or poor lighting — resulting in the inability to safely
`proceed down the steps.
`
`12.
`
`At all times material hereto, Defendants had exclusive ownership, possession,
`
`and/or control over the subject stairs and lighting in or near the stairway.
`
`13.
`
`Despite Plaintiff having no way of noticing and/or avoiding such dangerous,
`
`hazardous,defective, and/or unsafe conditions, there were no warnings that the subject conditions
`
`were present on the subject premises.
`
`14.
`
`Asa direct and proximate result of Defendants’ negligence and/orcarelessness,set
`
`forth more fully throughout this Complaint, Plaintiff sustained injuries and damages, including,
`
`but not limited to, the following, all or some of which may be permanentin nature:
`
`a. Displaced trimalleolar fracture of left lower leg — which required surgery;
`
`b. Dislocation ofleft ankle joint — which required surgery;
`
`c. Left ankle pain;
`
`d. Left leg pain;
`
`e. Left foot pain;
`
`

`

`f. Muscle weakness:
`
`g. Overall pain and suffering;
`
`h.
`
`Inconvenience and disruption ofdaily activities;
`
`i. Loss of enjoymentof life and life’s pleasures;
`
`j. Past medical expenses; and
`
`k. Residual injuries and complications from fall-related injuries and medical treatment
`necessitated by fall-related injuries.
`
`- CAUSES OF ACTION-
`
`CouUNT I - NEGLIGENCE
`PLAINTIFF ¥. DEFENDANT, KAMAR WILLIAMS
`
`15.
`
`Plaintiff incorporates herein by reference all of the preceding paragraphs of this
`
`Complaint, as if each and every one wereset forth at length.
`
`16.
`
`All of Plaintiffs injuries and damages are the direct and proximate result of
`
`Defendant-Williams’ negligence and/or carelessness, in general, and in the following particulars:
`
`a. Causing Plaintiff to fall and be injured;
`
`b. Creating, allowing, and/or permitting the dangerous, defective, and/or unsafe
`conditions to exist when Defendant knew, or by the exercise of reasonable care,
`should have known that the said conditions posed a danger to tenants and/or
`individuals, including Plaintiff;
`
`ce. Allowing and/or permitting the subject stairs to become inadequately maintained
`which resulted in a tripping hazard;
`
`d. Failing to have lighting and/or adequate lighting near and/or over the subjectstairs
`which Plaintiff needed to traverse in order to safely make it down the stairs;
`
`e. Failing to repair, correct, and/or remedy the subject stairs when Defendant knew,
`or in the exercise of reasonable care, should have known that such conditions could
`cause injury to tenants and/or individuals, including Plaintiff,
`
`

`

`f, Failing to warn Plaintiff not to traverse up/down on the subject stairs when it knew
`or should have known that Plaintiff would not be able to safety traverse on the
`stairs;
`
`g. Failing to properly inspect the subject stairs to ensure that the stairs were in good
`condition and free of any defects and/or dangerous conditions;
`
`h, Failing to take any steps, methods, and/or adequate precautions to remove the
`dangerous, hazardous, defective, and/or unsafe conditions from the subject
`premises;
`
`i, Failing to maintain the subject stairs in a safe condition;
`
`j. Failing to conduct routine inspections of the subject premises for the safety ofhis
`tenants, including Plaintiff; and/or
`
`k. Failing to properly and/or adequately hire, train, and/or supervise its employees,
`agents, servants, and/or other persons involved in and/or responsible for the
`inspection and maintenance of the subject premises for dangerous, hazardous,
`and/or unsafe stairs, including the conditions ofthe stairs and inadequate lighting
`on the subject stairway.
`
`17,
`
`As a direct and proximate result of Defendant-Dolgencorp’s negligence and/or
`
`carelessness, Plaintiff has suffered and/or continues to suffer those injuries and damages, as set
`
`forth more fully throughout this Complaint.
`
`WHEREFORE,Plaintiff respectfully demands judgment in her favor against Defendant-
`
`Williams for an amountin not excess ofthe applicable arbitration limits, exclusive of interest and
`
`costs.
`
`COUNT IT ~ NEGLIGENCE
`PLAINTIFF V. THE MARVEL-DEFENDANTS
`
`18.
`
`Plaintiff incorporates herein by reference all of the preceding paragraphs ofthis
`
`Complaint, as if each andevery one were set forth at length.
`
`19.
`
`All of Plaintiffs injuries and damages are the direct and proximate result of the
`
`Marvel-Defendants’ negligence and/or carelessness, in general, and in the following particulars:
`
`

`

`a. Causing Plaintiff to fall and be injured;
`
`b. Creating, allowing, and/or permitting the dangerous, defective, and/or unsafe
`conditions to exist when Defendant knew, or by the exercise of reasonable care,
`should have known that the said conditions posed a danger to tenants and/or
`individuals, including Plaintiff;
`
`c. Allowing and/or permitting the subject stairs to become inadequately maintained
`whichresulted in a tripping hazard;
`
`d. Failing to have lighting and/or adequate lighting near and/or overthe subject stairs
`which Plaintiff needed to traverse in order to safely make it down thestairs;
`
`e. Failing to repair, correct, and/or remedy the subject stairs when Defendant knew,
`or in the exercise of reasonable care, should have knownthat such conditions could
`cause injury to tenants and/or individuals, including Plaintiff:
`
`f. Failing to warn Plaintiff not to traverse up/down onthe subject stairs when it knew
`or should have known that Plaintiff would not be able to safety traverse on the
`stairs;
`
`g. Failing to properly inspect the subject stairs to ensure that the stairs were in good
`condition and free of any defects and/or dangerous conditions;
`
`h. Failing to take any steps, methods, and/or adequate precautions to remove the
`dangerous, hazardous, defective, and/or unsafe conditions from the subject
`premises;
`
`i. Failing to maintain the subject stairs in a safe condition;
`
`j. Failing to conduct routine inspections of the subject premises for the safety of his
`tenants, including Plaintiff; and/or
`
`k. Failing to properly and/or adequately hire, train, and/or supervise its employees,
`agents, servants, and/or other persons involyed in and/or responsible for the
`inspection and maintenance of the subject premises for dangerous, hazardous,
`and/or unsafe stairs, including the conditions of the stairs and inadequate lighting
`on the subject stairway.
`
`20.
`
`As a direct and proximate result of the Marvel-Defendants’ negligence and/or
`
`carelessness, Plaintiff has suffered and/or continues to suffer those injuries and damages, as set
`
`forth more fully throughout this Complaint.
`
`

`

`WHEREFORE,Plaintiff respectfully demands judgmentin her favor against the Marvel-
`
`Defendants for an amount in not excess of the applicable arbitration limits, exclusive of interest
`
`and costs.
`
`Respectfully submitted,
`
`THE CHIURAZZ1 LAW GRour
`
`/s/ Wayne M. Chiurazzi
`Wayne M.Chiurazzi, Esquire
`Attorneyfor Plaintiff
`
`

`

`VERIFICATION
`
`The undersigned avers that the statements of fact contained in the foregoing Complaintare
`
`true and correct to the best of her knowledge, information, and belief, and are made subject to the
`
`penalties of 18 Pa.C.S. §4904 relating to unswornfalsification to authorities.
`
`Date: 05/10/2023
`
`/s/Laverne Williams
`Laverne Williams
`
`

`

`CERTIFICATE OF COMPLIANCE
`
`I certify that this filing complies with the provisions of the Public Access Policy of the
`
`Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that
`
`require filing confidential
`
`information and documents differently than non-confidential
`
`information and documents.
`
`THE CHIURAZZI LAW GROUP
`
`Signature: /s/ Wayne M, Chiurazzi
`
`Name:_Wayne M. Chiurazzi
`
`Attorney No.:
`
`63595
`
`

`

`IN THE COURT OF COMMONPLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA,
`CIVIL DIVISION
`
`LAVERNED. WILLIAMS
`Plaintiff,
`
`v.
`
`KAMAR WILLIAMSet.al.
`Defendant.
`
`Docket No. AR-23-2487
`
`BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS
`
`AND NOW COMES,Defendants, Kamar Williams, et.al., by and through Attorney Albert
`
`G. Reese, Jr., Esquire, and AGR Law, P.C. and file the within Preliminary Objections of which
`
`the following is a statement:
`
`ARGUMENT
`According to 231 Pa. Code §1028(a), preliminary objections may befiled by any party
`
`for:
`
`(2) failure of a pleading to conform to law or rule of court;
`
`(3) insufficient specificity in a pleading;
`
`(4) legal insufficiency of a pleading (demurrer); or
`
`(8) full, complete and adequate non-statutory remedyat law.
`
`PRELIMINARY OBJECTION FOR PURSUANT TO PA.R.C.P. 1028(a)(3) FOR
`INSUFFICIENT SPECIFICITY OF PLAINTIFE’S COMPLAINT
`
`Pa.R.C.P. Rule 1019(f) requires that “averments of time, place and items ofspecial
`
`damageshall be specifically stated.” The core of the Plaintiff's Complaint alleges that the
`
`Defendants as a whole werethe sole cause ofher failing down the steps due to “inadequate”
`
`lighting and maintenance.
`
`First, the complaint fails to state in any respect the time of the alleged accident which
`
`would require the necessary lighting. Second, the complaint does not indicate whetherthis took
`
`place inside or outside the property. Finally, it does not indicate what the actual condition of the
`
`steps wasat the time of the accident.
`
`

`

`These elements are needed in order to adequately prepare and assert defenses to the
`Plaintiff's allegations. For example, if the accident happened during the day or night would
`necessitate the need for adequate lighting or was the condition of the steps known to the
`Defendantprior to or during the Plaintiff's occupancy of the premises.
`
`PRELIMINARY OBJECTION FOR INSUFFICIENCY OF ALLEGATIONS AGAINST
`KAMAR WILLIAMS and MARVEL HOLDINGS LLC
`
`Kamar Williams
`
`A member ofa limited liability company is not liable for acts of said company. 15
`Pa.C.S. § 8922(a). Here, Defendant Williams, individually, is not liable for any acts simply
`because ofthe fact that he is a member/owner of Marvel Homes LLC.
`
`Further, as a trustee and/or beneficiary of Marvel Holdings Trust, Defendant Williams is
`not liable according to 15 Pa.C.S. § 9506(a). Unless an instrumentso provides, beneficiaries are
`entitled to the same limitation of personalliability as shareholders in a domestic business
`corporation, /d. at (a)(1). With regard to trustees, they too will not be personally liable to any
`person for any act or obligation of the trust or any othertrustee. /d. at (a)(2).
`
`In the instant case, Marvel Holdings LLC wasat no pointinvolved in any contracts
`and/or accidents in this matter.
`
`Marvel Holdings LLC
`
`Date: June 20, 2023
`
`Respectfully submitted,
`
`/s/ Albert G. Reese, Jr., Esq,
`Albert G. Reese, Jr. Esquire
`Attorney for Defendant
`
`

`

`IN THE COURT OF COMMONPLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA,
`CIVIL DIVISION
`
`LAVERNE D. WILLIAMS
`Plaintiff,
`
`V.
`
`KAMAR WILLIAMSet. al.
`Defendant.
`
`Docket No. AR-23-2487
`
`CERTIFICATE OF SERVICE
`
`I do hereby certify that a true and correct copy of the within Preliminary Objections
`and Brief in Support has been served on this 21“ day of June, 2023 by way of email and
`
`facsimile upon the following:
`
`The Chiurazzi Law Group
`
`Wayne M.Chiurazzi, Esquire
`
`Donna M.Flaherty, Esquire
`
`Sara M. Benedetti, Esquire
`
`wehiurazzi@the-attorneys.com
`
`civilpos@alleghenycourts.us
`
`Date: June 21, 2023
`
`‘si Albert G. Reese, Jr., Esq.
`ALBERTG. REESE, JR., ESQUIRE
`PA LD. #93813
`AGRLaw,P.C.
`640 Rodi Road, 2™ Floor, Suite 2
`Pittsburgh, PA 15235
`Phone: (412) 241.1697
`Fax: (412) 241.1687
`areese8897@aol.com
`
`

`

`VERIFICATION
`
`I verify that the facts set forth in this appeal are true and correct to the best of my 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; 6/21/2023
`
`|eo _— _]
`
`

`

`CERTIFICATE OF COMPLIANCE
`
`I certify that this filing complies with the provisions of the Public Access Policy ofthe
`Unified Judicial System ofPennsylvania: Case Records ofthe Appellate and Trial Courts
`that require filing confidential information and documents differently than non-confidential
`information and documents.
`
`/s/ Albert G. Reese, Jr., Esq. |
`ALBERT G., REESE, JR., ESQUIRE
`PA I1.D. #93813
`AGRLaw,P.C.
`640 Rodi Road, 2™ Floor, Suite 2
`Pittsburgh, PA 15235
`Phone: (412) 241.1697
`Fax: (412) 241.1687
`areese8897@aol.com
`
`
`
`