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Home My WebLink About97-00006 '" )- ~ c..; ~ ~ ~ Q ~ ~ ....... j -t:: V) - '.) () ~ Mllllll^N & MOllll^N. Pc IIY MI'I./SM MI'RRITTS IlIVIJl^. I'SI}IJl/l/: /Il1:NTIF/CAnc IN N() 70.10.1 120 SOIIHI STRI'I'T 1l^1l/l/S/lIl1ll1, P^ 17101-1210 (717) 2.16,7959 AI'TO/lNI'YS FOil PI.^,NTIFF MARY SHULTZ 1167 Harrisburg Pike Carlisle, PA 17013, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Cf '1_ () 0 lc. t..' ~ vJ. ...::r CA, "",,-, Plaintiff v. CIVIL ACTION. LAW JERRY and JOYCE DEN DAAS 3181 Spring Road Carlisle, PA 17013, Defendant WMPLAINT Plaintiff, by and through her attorneys, Morgan & Morgan, p.e., hereby complains against Defendants, and avers as follows: I. Plaintiff is an adult individual residing at the above address. 2. Defendants, Jerry and Joyce Den Daas, are adult individuals believed to be husband and wife and residing at the above address. 3. It is believed and therefore averred that Jerry and Joyce Den Daas are the owners of premises located at 3181 Spring Road, Carlisle, Pennsylvania 17013. 4. It is believed and therefore averred that on and before January 9, 1996, Jerry and Joyce Den Daas rented an apartment located at 3181 Spring Road, Carlisle, Pennsylvania, 17013 to Plaintiff and her family. 5. At all times material hereto, Defendants acted through their agents, servants and/or employees within the course and scope of their agency or employment. of snow and ice, G. Failing to arrange for competent snow or ice removal. 10. As a result of Defendants' negligence, carelessness, recklessness, Plaintiff sustained serious injury, including but not limited to, injuries to her bones, nerves, muscles, joints and fascia, pain and suffering, mental and emotional distress, some or all of which are or may be continuing in nature. II. As a further result of these injuries, Plaintiff has incurred medical bills and expenses for care, treatment and rehabilitation, the cost of arranging transportation for mrdical care, lost earnings and/or earning capacity and has lost the enjoyment of life's pleasures, and diminution of daily activities, which are or may be continuing in nature. WHEREFORE, Plaintiff demands judgment against Defendants, individually, jointly and/or severally in an amount not to exceed $25,000.00, exclusive of interest, costs and delay damages and such other relief as the Court deems appropriate. MORGAN & MORGAN, P.C. DATED: December::J::L, 1996 ~ j F , ...---... .,.. - ... 1 v.. ;:r- 1- ...:l "J" :t <t ! 1\ 1\ i- 6 ~ V) t. ...J -.- 0' "1 v i'- .;' . I .. UJ1. - .' :) C" - . ,) {;.~ \. :> " . : .. j U~ c-c, ; (" .- 0 v, , ) L.. I ::t l~' ", ,. ," -, '- iIj- C'. ,-- Ll <.r ) SHERIFF'S RETURN - REGULAR CASE NOI 1997-00006 P COIlIlONWEA1.TIl Ot" PENNSYLVANIA I COIJNTY OF CUIl8ERLAND ~lllJl.TZ IlARY VS, DEN DAAS JERRY ET AL , Sh~riff or D~puty Sheriff of being duly .worn according IlICHAEL J, CRANGA CUIlBERLAND County, Penn.ylvania, who to law, .ay., the within COIlPl.AINT upon DEN DAAS JERRY defendant, at 1~30100 HOURS, on th. ~ day of January 1997 at 3181 SPRING ROAD CARLISLE" PA 17013 was served ,CUIlBERLAND County, P~nnsylvaniB, by handing to JERRY DEN DAAS a true and attested copy of the COIlPLAINT together with NOTICE and at th~ same time directing His attention to the contents thereof, Sheriff's CostSI Docketing Service Affidavit Surcharge 18,00 3.10 ,00 2.00 So answerB: ,.-,/-' ~ -- ;~~~~ . R, Thom~ Kline, Gher $23.10 1l0RGAN & 1l0RGAN 01/07/1997 by -;t,Llwll. r=~ Ibepu;;:r ..h.riff Sworn and subscribed ~o before me this 'i ~ day Of"--J..~,-, , -, 19 '/1 A,D, ( ), '-'- {, 71~ ~ / 7 Prothonotary' . I f th. , , , SIlERIFF'S RETURN - REGULAR I f CASE NO. 1997-00006 P COIlIlONWEALTH OF PENNSYLVANIA. COUNTY OF CUIl8ERLAND SHULTZ IlARY VS. DEN DAAS JERRY ET AI. IlICHAEL J. CRANGA CUIlOERLAND County, Pennsylvania, who to law, says, the within COIlPLAINT upon DEN DAAS JOYCE defendant, at 1~30.00 HOURS, 1997 at 3181 SPRING ROAD CARLISLE" PA 17~13 , Sheriff or Deputy Sheriff of being duly sworn according was serv.d the on the _.6th day of January County, Pennsylvania, by handing to JERRY ~J!ARGE Q true and att.sted copy of the ~QIlYLAINT____h_' toq~ther with NOTICE ___.___~ CUIlOERI.AND DEN DAAS, ADULT IN , ---J , and at th. same time directing His att.ntion to the contents thereof. Sheriff's Costs. Docketing Service Affidavit Surcharge 6.00 .00 .00 2.00 So answerBI ~ .~r2. ~ r .....- .;::.r-C-J< ~ R. Thomas Klin., Sheri GB.00 "ORGAN & 1l0RGAN 01/07/1997 by lI"t7 /) j (" "f<...... Ij .-., rr? D-wuty S.P'Pr :U Sworn and subscrib.d to b.for~ me , ""- ' I thiB _~ day of'-/'~''''''''I 19---.i..L A.D, ( . ) . C /11.. {LL...- $r.- '--~~thonotary , .)----- John R. Ninosky, Esquire Attorney I, D. H78000 320 Market Street P.O. Box 1268 Harrlaburq, PA 17108-1268 (7171 234-4161 Counsel for Defendants MARY SHULTZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO, 97-0006 JERRY and JOYCE DEN DAM, Defendants CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, Jerry and Joyce Den Daas, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C, By?bvt iL AL~~ JIliN .~~ NINOSKY, ~iSQttU{E Attorney I.D. >>78000 320 Market Street P,O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants Date: .' 10 hI l CERTIFICATE OF SERVICE ~ f r I ~ I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositinq the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the ~~ day of ~)UMY , 1997, addressed as follows: Melissa Merritts Rivera, Esquire MORG1\N , MORGAN, P. C , 120 South Street Harrisburg, PA 17101-1210 Goldberg, Katzman & Shipman, P.C. BY:~ f( 111= JO N R. NINOSKY, ESQU Attorney I.D, #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants <,I U. , till ('': I. I' ,. (l , '''I r: " LJ. " , ,.. C' 4. Admitted. 5, Denied, The averments of this paragraph call for conclusions of law and fact to which no response is required by the Den Daas. If a rusponse is deemed to be required, the averments contained hurein are denied. 6, Denied. ThE' averments of this paragraph call for conclusions of law and fact to which no response is required by the Den Daas. If a response is deemed to be required, the averments contained herein are denied, 7. Denied. The averments of this paragraph call for conclusions of law and fact to which no response is required by the Den Daas. If a response is deemed to be required, the averments contained herein are denied, 8, Denied. The averments of this paragraph call for conclusions of law and fact to which no response is required by the Den Daas. If a response is deemed to be r~quired, the averments contained herein are denied. 2 9. Denied. Tho averments contained in this paragraph, including subparagraphs (a) through (g), call for conclusions of law and fact to which no response is required by the Den Daas. If a response is deemed to be required, the averments contained herein are denied. 10, Denied, The averments in this paragraph call for conclusions of law and fact to which no response is required by the Den Daas, If a response is deemed to be required, the averments contained herein are denied. 11, Denied. The averments in this paragraph call for conclusions of law and fact to which no response is required by the Den Daas. If a response is deemed to be required, the averments contained herein are denied, WHEREFORE, Defendants, Jerry and Joyce Den Daas, demand judgement be entered in their favor against Plaintiff, and that Plaintiff's action be dismissed. 3 , ; ~ , NEW MATTER 12. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 13, Plaintiff's claims and/or alleged losses are barred by the applicable statute of limitations, 42 Pa.C,S.A. ~5524. 14. The Plaintiff's claims and/or alleged losses are prohibited and barred in whole, or in part, by the doctrine of comparative negligence, 42 Pa,C.S.A, ~7l02, and/or the doctrine of contributory negligence, with any liability or responsibility on the part of the Den Daas being expressly denied. 15. Plaintiff's claims and/or alleged losses are barred by the doctrine of assumption of the risk. Any liability or responsibility on the part of the Den Daas being expressly denied. 16, Plaintiff's claims and/or alleged losses may have been, or were entirely or substantially, the result of or caused by intervening or superseding causes for which the Den Daas are not liable or responsible, any liability or responsibility on the 4 j . f VERIFICATION We, Jerry Den Daas and Joyce Den Daas, hereby acknowledge that we are the Defendants in this action; that we have read the foregoing document and that the facts stated therein are true and correct to the best of our knowledge, information and belier, We understand that any false statements herein are made subject to penalties elf 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. , .. // /. (/f.,L (.:' t'''/~.'''l. C' , I /(, (.', <,-., /~~{I It /97 JERRY DEN DAAS .. '. L j \'.., 0-- ,r ',,[ ,. '.Lr~ ,/,(..'"-:) JOYCE DEN DAAS ,'1 A' ,? . ~ / " j, I(i-' ".' / / I I , DATE: {ft." I. / 6' /1(;9 '1 ,/ rn ( ", I / , ( I " f /, ( " , r.. '- i YIHlIKt.\ II!.)!'.' Melissa Mcrrills I{i\cra. hquirc statcs that shc is counsel 01" rccord l"iJr 1'1.lintiffs in thc \\ithin ,Idion. is authllri/cd 10 tahc this Vcrilicatioll on thcir bchalf: and thaI thc slatcmcnts nUldc in thc Iilrcgoing Rcpl~ to NCII "Iallcr arc truc and C(lITcct to thc bcst 01" hcr hnowlcdgc. inltll"ll1ation amI helid. Shc undcrslands that thc statcmcnts in said plcading arc madc subjcct to thc pcnaltics 01" I H I'a. C.S.A. ~.j<)O.j. relating to unsworn I"alsilication to authorilics. MORGAN & MORGAN, P.C. BY: MELISSA MERRITTS RIVERA. ESQUIRE IDENTIFICATION NO. 70303 120 SOUTH STREET HARRISBURG. PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF Plainliff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PA MARY SHULTZ. v. NO. 97-0006 JERRY and JOYCE DEN DAAS. Defcndanl CIVIL ACTION - LAW ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above maller sCllled. disconlinued and ended upon payment of your cosls, only. DATED: February iL. 1998 MORGAN & MORGAN. P.C, ~ ~ ,