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HomeMy WebLinkAbout02-5754DAVID SCHACHTER, ESQUIRE Attorney ID #35660 230 South Broad Street, l0th Floor Philadelphia, PA 19102 (215) 784-9760 ATTORNEY FOR PLAINTIFF This is an Arbitration matter. Assessment of damages hearing is required. JENNIFER L. TAPLEY 805 Gainsboro Road Drexel Hill, PA 19026 Plaintiff VS. WILLARD H. KILE, SR., individually and trading as KILE & KILE REAL ESTATE 148 East Main Street Bloomsburg, PA 17815 and WILLARD H. KILE, JR., individually and trading as KILE & KILE REAL ESTATE 148 East Main Street Bloomsburg, PA 17815 and KILE & KILE REAL ESTATE 148 East Main Street Bloomsburg, PA 17815 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No.: 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 by filing in writing with the court 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 Telephone: 717-240-6200 10. At all times material hereto, the defendant, KILE & KILE REAL ESTATE, a non- incorporated business entity, through its duly authorized and appointed agents and/or representatives, including but not limited to the defendants, WILLARD H. KILE, SR., and/or WILLARD H. KILE, JR., acting on behalf of the defendant, KILE & KILE REAL ESTATE, was responsible for the management and/or care of the premises and/or apartment dwelling having an address of 100 South Penn Street, Bloomsburg, Cumberland County, Pennsylvania. 11. At all times material hereto, the plaintiff was a tenant of the defendant, WILLARD H. KILE, SR., individually and/or trading as KILE & KILE REAL ESTATE, at the defendants' premises located at 100 South Penn Street, Bloomsburg, Cumberland County, Pennsylvania, pursuant to a written lease entered into between the plaintiff and the defendant, KILE & KILE REAL ESTATE, on or about October 17, 1999. 12. At all times material hereto, the plaintiff was a tenant of the defendant, WILLARD H. KILE, JR., individually and/or trading as KILE & KILE REAL ESTATE, at the defendants' premises located at 100 South Penn Street, Bloomsburg, Cumberland County, Pennsylvania, pursuant to a written lease entered into between the plaintiff and the defendant, KILE & KILE REAL ESTATE, on or about October 17, 1999. 13. At all times material hereto, the plaintiff was a tenant of the defendant, KILE & KILE REAL ESTATE, a non-incorporated business entity, at the defendants' premises located at 100 South Penn Street, Bloomsburg, Cumberland County, Pennsylvania, pursuant to a written lease entered into between the plaintiff and the defendant, KILE & KILE REAL ESTATE, on or about October 17, 1999. 14. All of the acts alleged to have been done or not to have been done by the defendants were done or not done by said defendants, their respective agents, representatives, and/or employees, acting within the course and scope of their authority with and/or on behalf of said defendants. 15. On or about February 17, 2001, at approximately 12:30 P.M., the plaintiff was a tenant and/or business invitee in and/or on the premises located at and being known as 100 South Penn Street, Bloomsburg, Cumberland County, Pennsylvania, when she was caused to slip, trip, stumble, and fall by reason of a highly dangerous condition then and there existing on or about the exterior wooden stairs of said premises, sustaining the injuries described herein. 16. On or about February 17, 2001, and at all times material hereto, the aforesaid premises were so negligently and carelessly maintained, controlled, and/or managed by the defendants, WILLARD H. KILE, SR., and WILLARD H. KILE, JR., individually and/or trading as KILE & KILE REAL ESTATE, and/or KILE & KILE REAL ESTATE, that a landing on the exterior wooden stairs of said property was caused, permitted, authorized, and/or allowed by the defendants to become and remain in a highly unsafe, dangerous, and hazardous condition in that a loose piece of carpet was placed and/or kept on a landing thereof, said piece of carpet not having been secured and/or kept in a fixed position in any manner or by any means, thereby creating an unsafe, dangerous, and/or hazardous condition for tenants and/or business invitees such as the plaintiff. 17. The aforesaid loose piece of carpet, more particularly identified above in Paragraph 16, was placed or was caused to be placed at the aforesaid location by or at the direction or request of the defendant, WlLLARD H. KILE, SR., individually and/or on behalf of the defendant, KILE & KILE REAL ESTATE. 18. The aforesaid loose piece of carpet, more particularly identified above in Paragraph 16, was placed or was caused to be placed at the aforesaid location by or at the direction of the defendant, WILLARD H. KILE, JR., individually and/or on behalf of the defendant, KILE & KILE REAL ESTATE. 19. The aforesaid loose piece of carpet, more particularly identified above in Paragraph 16, was placed or was caused to be placed at the aforesaid location by or at the direction of the defendant, KILE & KILE REAL ESTATE, through its duly authorized and appointed agents and/or representatives, including but not limited to the defendants, WILLARD H. KILE, SR., and/or WlLLARD H. KILE, JR., acting on behalf of the defendant, KILE & KILE REAL ESTATE. 20. The aforesaid loose piece of carpet, more particularly identified above in Paragraph 16, was caused and/or permitted to remain at the aforesaid location by or at the direction or request of the defendant, WlLLARD H. KILE, SR., individually and/or on behalf of the defendant, KILE & KILE REAL ESTATE. 21. The aforesaid loose piece of carpet, more particularly identified above in Paragraph 16, was caused and/or permitted to remain at the aforesaid location by or at the direction of the defendant, WlLLARD H. KILE, JR., individually and/or on behalf of the defendant, KILE & KILE REAL ESTATE. 22. The aforesaid loose piece of carpet, more particularly identified above in Paragraph 16, was caused and/or permitted to remain at the aforesaid location by or at the direction of the defendant, KILE & KILE REAL ESTATE, through its duly authorized representatives, including but not limited to the defendants, WlLLARD H. KILE, SR., and/or WILLARD H. KILE, JR., acting on behalf of the defendant, KILE & KILE REAL ESTATE. 23. The aforesaid loose piece of carpet, more particularly identified above in Paragraph 16, was designed and/or properly designated for indoor use and not for outdoor or exterior use. 24. At all times material hereto, and on various dates and times prior to February 17, 2001, the tenants of said premises, including but not limited to the plaintiff, had been instructed by the defendant, WlLLARD H. KILE, JR., acting on his own behalf and/or as a representative and/or agent of KILE & KILE REAL ESTATE, not to move, remove, or tamper in any way with the aforesaid piece of carpet. 25. At all times material hereto, and for a prolonged period of time prior to the date of the incident herein, the aforesaid exterior wooden stairway was and remained in said dangerous, hazardous, and unsafe condition, and constituted a danger and hazard to business invitees and tenants such as the plaintiff, of which fact the defendants had actual notice and of which fact said defendants should have known in the exercise of due care. 26. At all times material hereto and for a prolonged period of time prior to the date of the incident herein, the aforesaid exterior wooden stairway was and remained in said dangerous, hazardous, and unsafe condition, and constituted a danger and hazard to business invitees and tenants such as the plaintiff, of which fact the defendants had constructive notice and of which fact said defendants should have known in the exercise of due care. 27. The negligence, carelessness, and/or recklessness of the defendants, jointly and/or severally, consisted of the following: a. Failing to regard the rights, safety, and position of the plaintiff at the point aforesaid; b. Failing to take due notice of the location and position of the plaintiff at the point aforesaid; Failing to inspect, correct, or have corrected by others the defective condition on said wooden stairway and/or landing, said condition believed to have existed for a prolonged period of time prior to the date of the incident; do Allowing and/or permitting a dangerous and/or defective condition to exist which the defendant knew or reasonably should have known created and posed a danger and hazard to the plaintiff, a tenant and/or business invitee; Allowing and/or permitting a dangerous and/or defective condition to exist which the defendant knew or reasonably should have known created and posed an unreasonable risk of injury to the plaintiff and other tenants and/or business invitees; f. Failing to properly inspect the carpet on the exterior wooden landing of said premises; g. Failing to properly maintain the carpet on the exterior wooden landing of said premises; h. Failing to remove the carpet on the exterior wooden landing of said premises; i. Failing to cause the carpet on the exterior wooden landing of said premises to be removed; j. Allowing the carpet to be and remain in a dangerous and unsafe location, position, and/or condition after notice and/or opportunity for notice; k. Failing to use reasonable prudence and/or due care in the care and maintenance of the carpet on the exterior wooden landing of said premises; Failing to make a reasonable inspection of the exterior wooden landing of said premises, which would have revealed the existence of said dangerous and/or hazardous condition posed by the presence of said unsecured piece of carpet on the landing of the exterior wooden stairway during periods of rain, snow, and/or ice; m. Failing to warn the plaintiff of a dangerous and/or hazardous condition; and n. Failing to take sufficient safety precautions to prevent injury to the plaintiff and to other tenants and/or business invitees. COUNT I 28. The plaintiff incorporates herein by reference the averments contained above in Paragraphs 1 through 27, as fully as if they were set forth herein at length. 29. As a result of the negligence, carelessness, and recklessness as aforesaid, the plaintiff was caused to sustain injuries, including but not limited to her left ankle, left foot, left leg, both knees, and both wrists, their bones, muscles, ligaments, tissues, nerves, cells, and functions, and a severe shock to the plaintiff's nerves and nervous system, some or all of which the plaintiff has been advised are or may be permanent in nature. 30. As a further result of the negligence, carelessness, and recklessness as aforesaid, the plaintiff has been caused to sustain an aggravation of a pre-existing medical condition, to the plaintiff's great detriment and loss. 31. As a further result of the negligence, carelessness, and recklessness as aforesaid, the plaintiff has suffered great physical pain and mental anguish, and will continue to do so for an indefinite period of time in the future, to the plaintiff's great detriment and loss. 32. As a further result of the negligence, carelessness, and recklessness as aforesaid, the plaintiff was for a period of time, any may in the future be, prevented from attending to the plaintiff's usual daily duties and occupations, thereby causing a loss of earnings and earning capacity, to the plaintiff's great detriment and loss. 33. As a further result of the negligence, carelessness, and recklessness as aforesaid, the plaintiff was prevented from attending to her daily activities, routines, and leisure pursuits, which may and probably will continue into the future, to the plaintiff's great detriment and loss. 34. As a further result of the negligence, carelessness, and recklessness as aforesaid, the plaintiff has been caused to suffer inconvenience and a loss of life's pleasures, which may and probably will continue into the future, to the plaintiff's great detriment and loss. 35. As a further result of the negligence, carelessness, and recklessness as aforesaid, and of the injuries that have resulted therefrom, the plaintiff has been obliged to receive and undergo medical attention and care, and has incurred various expenses for the injuries which have been caused and sustained, and may be obliged to expend such sums and/or to incur such expenses for an indefinite time in the future, to the plaintiff's great detriment and loss. 36. As a further result of the negligence, carelessness, and recklessness as aforesaid, the plaintiff has incurred, and/or may in the future incur, other financial expenses and/or losses, which may or do exceed amounts which are otherwise recoverable, to the plaintiff's great detriment and loss. WHEREFORE, the plaintiff demands judgment against the defendants, jointly and/or severally, for a sum not in excess of Twenty-Five Thousand Dollars ($25,000.00). DAVID SCHACHTER, ESQUIRE Attorney for Plaintiff VERIFICATION I verify that I am the plaintiff herein, that I am acquainted with the facts set forth in the foregoing pleading, and that same are tree and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DAVID SCHACHTER, ESQUIRE Attorney ID #35660 230 South Broad Street, l0th Floor Philadelphia, PA 19102 (215) 784-9760 ATTORNEY FOR PLAINTIFF JENNIFER L. TAPLEY 805 Gainsboro Road Drexel Hill, PA 19026 Plaintiff VS. WILLARD H. KILE, SR., individually and trading as KILE & KILE REAL ESTATE 148 East Main Street Bloomsburg, PA 17815 and WILLARD H. KILE, JR., individually and trading as KILE & KILE REAL ESTATE 148 East Main Street Bloomsburg, PA 17815 and KILE & KILE REAL ESTATE 148 East Main Street Bloomsburg, PA 17815 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No.: 02-5754 / Civil Term PRAECIPE TO WITHDRAW CIVIL ACTION TO THE PROTHONOTARY: your costs only. Kindly mark the within action as withdrawn without prejudice, upon payment of DAVID SCHACHTER, ESQUIRE Attorney for Plaintiff