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Home My WebLink About97-01518 L. ~ . - ::::L . VJ 7 ~ .11) - ~ ~ \ J j ./ , ( ~ ~ J 00 - l{) - I t- O", / , -l.i .1 it SHBLDON D. KISBR, ! Plaintiff I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PBNNSYLVANIA . . v. : NO: 97-l518 . . SHBRRY B. KISBR, Defendant : CIVIL ACTION - LAW I . PLAIHTIPF'S REPLY TO HEW MAT'l'BR AND ANSWER TO COtJRTBRCLAIM AND NOW comes the Plaintiff, Sheldon D. KiBer, by and through I :: hie attorney, Patrick F. Lauer, Jr., Bsquire, and respectfully represents aB follows: i! !i PLAIHTIPF'S REPLY TO DBFBHDAHT'S HEW MAT'l'BR !. 11. Denied. Plaintiff is without sufficient knowledge to ! either admit or deny the allegations in paragraph 11 of Defendant's New Matter therefore the allegationB are specifically denied and :j Btrict proof thereof iB demanded. 'I i 12. Admitted in part. Denied in part. It is admitted that i! the tractor was moved, but it is denied that it was pU8hed by ! Plaintiff'8 truck. By way of further an8wer, the tractor was . pushed by hand. Plaintiff is without 8ufficient knowledge to either admit or deny the remaining allegations in paragraph 12 of Defendant'8 New Matter therefore the allegation8 are 8pecifically denied and 8trict proof thereof i8 demanded. 13. Admitted in part. Denied in part. It i8 denied that Defendant was taking picture8 at the time Plaintiff entered the garage and 8trict proof thereof i8 demanded. It i8 adaitted that Plaintiff came froa the hou8e, raised the overhead garage door, and II II I' backed the truck out of the garage, and turned it around and backed II Ii :1 I. il ,: ~ I ,. " II .' it to the outside edge of the door and proceeded to unload it. l4. Denied. Plaintiff is without sufficient knowledge to either admit or deny the allegations in paragraph 14 of Defendant's New Matter therefore the allegations are specifically denied and strict proof thereof is demanded. Ii ., l5. Admitted in part. Denied in part. It is admitted that Plaintiff was under the garage door. It is denied that he was under the garage door for the purpose of blocking the door and it is denied that Defendant said that he would not move until , i " Defendant gave him the door key and strict proof thereof is " I demanded. ;1 16. Admitted in part. Denied in part. It is admitted that ; Plaintiff pushed the overhead garage door up. It is admitted that ;1 :' Defendant pulled the door onto Plaintiff's shoulder. It is denied ; :! that Plaintiff put his shoulder under the door to block Defendant , :i from closing the door and strict proof thereof is demanded. 17. Admitted in part. Denied in part. It is admitted that Plaintiff slapped Defendant's cheek with his left hand after she pulled the garage door onto Plaintiff'. .houlder. It i. denied that Plaintiff punched the Defendant and strict proof thereof is deaanded. 18. The .tat_nt averred in paragraph 18 of Defendant'. New Matter i. a concluaion of law not requiring a re.pon.., but if the ~ " Court should determine this issue to be one of fact, it is denied and strict proof thereof is demanded. PLAIHTIFP'S ANSWER '1'0 DBPBHDAHT'S COUH'l'BRCLAIM 19. No respon8e required. 20. Denied. Plaintiff is without sufficient knowledge to either admit or deny the allegations in paragraph 20 of Defendant's Counterclaim therefore the allegations are 8pecifically denied and strict proof thereof i8 demanded. r , 21. Denied. It is denied that Plaintiff has ever intentionally blocked Defendant'8 acceS8 to the main road with his ! vehicle. By way of further answer, Plaintiff has always IDOVed his vehicle upon request of Defendant or her "boyfriend" if necessary. By way of further answer, the garage is con8tructed such that Plaintiff's vehicle blocks the road if parked in the driv_ay ~ .., , because the garage was constructed too cl08e to the road because of Defendant's inability to properly plan and supervise the I- :: construction. It is specifically denied that Plaintiff has ever H i( come to the Defendant's door to prevent ber from leaving ber residence. It is denied that Defendant haa ever exhibited feer of the Plaintiff and in fact she vas always been the aggressor towards Plaintiff. It is denied the Plaintiff has ever confined Defendant to an area from vhich she had no reasonable .ans of escape. By vay of further ans_r, Plaintiff is not physically capable of restraining or confining Defendant to any area. 22. Admitted in part. Denied in part. It is admitted that Plaintiff pushed Defendant in April of 1997 because she was attempting to enter the new building without permission of Plaintiff and against the direction of Plaintiff. By way of further answer, Plaintiff believes that Defendant and her -boyfriend- took miscellaneous items which had been stored and he did not want them taking additional items from the new building. It is denied that Defendant's hip struck a corner of a sheet of drywall and strict proof thereof is demanded. 23. Denied. It is specifically denied that Plaintiff pushed Defendant a second time. By way of further answer, it is specifically denied that Plaintiff ever caused Defendant to scrape the palm of her hand on the drywall. 24. Admitted in part. Denied in part. It is denied that Plaintiff has turned off the water supply and electricity on several occasions. It is admitted that Plaintiff briefly turned off the water supply on one occasion in response to Defendant placing a lock on the outside spigot to prevent Plaintiff from watering his plants. It is admitted that Plaintiff briefly turned off one of Defendant's circuits on one occasion in response to Defendant purposefully overloading a circuit by plugging her air conditioner unit into an outlet on the same circuit as Plaintiff's microwave oven such that the fuse would blow if Plaintiff used his microwave. It is denied that Defendant suffered any daug.s on , .- ..\ II .' ~ i II II I I either occasion. WHEREFORE, Plaintiff, Sheldon D. Kiser, continues to demand the relief requested in his Complaint. II Ii I. Ii . . i I , I I. il Datel I' II I, I II II II i . , I I I , I I , i I . . 11(1/11- Respectfully submitted, ~ '>> /l ~(_.~'- Patri F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDI 46430 Tel. (717) 763-1800 A'1"l'ORNEY FOR PLAINTIFF I' d I' I' q I II 'I I, iI I I, ., " Ii II .1 .' ,. .. r .J:) 0 -.I -'l :.1') .-~ ..., j~ , " '(1 I .... c.... ;~ ~p :J~I\ ':,:::;P ..1.-.1 ~~) ::>tn .:;,:j ~ :) ~ cn SHELDON D. KISER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1518 SHERRY E. KISER, Defendant CIVIL ACTION - LAW ANSWER WlTff NEW MA ITER AND COUNTERCLAIM I. Admitted. 2. Admitted. 3. Denied as stated. The dates and location are admitted. The events are denied in accordance with Pal R.C.P. 1029(e) and for the reasons more fully set forth in New Matter. 4. Denied in accordance with Pa. R.C.P. 1029(e), and for the reasons more fully set forth in New Malter. 5. Denied in accordance with Pa. R.C.P. I 029(e), and for the reasons more fully set forth in New Matter. 6. Denied in accordance with Pa. R.c.P. 10000e), and for the reasons more fully set forth in New Malter. -,._.,-",~ 12. Plaintilrs truck had pushed DefL'I1dant's riding lawn mower across the garage floor and Defendant was taking photographs of the skid marks and location of the truck against the riding mower. 13. While Defendant was taking photographs, Plaintiff came from the house, raised the overhead garage door, and backed the truck out of the garage, turned it around and backed it to the outside edge of the door and proceeded to unload it. 14. After Plaintiff had unloaded the truck, he demanded that Defendant give her key to the door to him. IS. Defendant refused 10 do so and as she was closing the overhead garage door, he stepped under it to block the door from closing and said that he would not move until Defendant gave him the door key. 16. Plaintiff pushed the overhead garage door up and as Defendant was again pulling the door down. he put his shoulder under the door to block her from closing it. 17. Plaintiff then pushed the door up and punched Defendant on the right side ofher head with his left fISt. 18. If Plaintiff suffered any injuries and incurred any expenses in relation thereto, it was because of his own conduct. WHEREFORE, Defendant requests that Plaintilrs Complaint be dismissed and judgment entered in her favor. COUNTERCLAIM 19. The averments of Paragraphs II through 18 above are incorporated herein by reference thereto. 20. As a result of the punch to the right side of her head inflicted by Plaintiff, Defendant suffered contusions, headaches, and underwent pain and suffering. 21. On occasions subsequent to September, 1996, the Plaintiff has blocked Defendant's access to the main road with his vehicle and has come to the Defendant's door preventing her from leaving her residence and causing her to fear for her safety and confining her to an area from which she had no reasonable means of escape. 22. In April. 1997, Plaintiff screamed at Defendant and pushed her with both his hands resuhing in her hip striking a corner of a sheet of drywall causing contusions. ~ I, SHERRY E. KISER, have read the foregoing Answer With New Matter And Counterclaim and to the extent that it contains facts supplied by me, they are true and correct to the best of my personal knowledge, infonnation and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I make this Verification subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 11aq/tl'l I ~~ - 1 It ~. ?JJ,aJ11 She . Kiser , CERTIFICATE OF SERVICE AND NOW, this Zti''''dayof JIA.L, ,1997,1, P. DANIEL ALTLAND, ESQUIRE, hereby certify that I am serving a copy of Answer With New Matter And Counterclaim. dated j \.1.. { 't '2 q , 1997, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. by depositing a copy of the same in the United Stales Mail, Harrisburg. Pennsylvania, with first-class postage prepaid. as follows: John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 METTE. EVANS" WOODSIDE BY: P a~/~ P. DANIEL ALTLAND, ESQUIRE Supreme Cl. 1.0. //25438 340 I North Front Street P. 0, Box 5950 Harrisburg. P A 1711 0-0950 Telephone: (717) 232-5000 Attorneys for Defendant DATED: J,^-I'( 2 ~, {CJ ttl '_I :~2'1,;, . .;~i~eROUJOS 8r GILROY, ... c. )P",;. . AT10IINns AT LAw :FFf7'; .. HOIITIt HANOVP mtUT .3{:,:1!jCAltLl8lL I'I:HH8YLVAHIA I7Ol3 ,-::,''::'c:::i.:ri!4_txli'' - -- '. '.' . }c. .,.c'if.$i'K,,: 1717I_701 ,..._ SHELDON D, KISER, Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSYLVANIA VI DOCKET NO, 97-1518 CIVIL TERM SHERRY E. KISER, Defendant IN TRESPASS PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint in Trespass in the above captioned matter. June 27, 1997 , .C. 4 North Hanover Street Cmisle, Pennsyl\'1nia 17013 7171243-4574 717n66-1690 FAX 7171243-11227 SHELDON D, KISER, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSLYVANIA DOCKET NO, q 7 - IS' 6 C~ :r~ SHERRV E, KISER, Defendant , , IN TRESPASS NOTICE I I I I I I 1 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 wrilten appea. ilIIce personally or by altomey and filing in writing with the court your defenses or objections to the claims set forth against you. V ou 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. Vou may lose money or property or other rights imponantto you. YOU SHOULD TAKE nns PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER TO CANNOT AFFORD ONE, GO TO OR TELEPHOl'.'E THE OrnCE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. Court Administrator, 4th floor Cumberland County Courthouse Hanover and High Streets Carlisle, Pennsylvania 17013 7171240-6200 c\.. .lbI.... unloading items and to intentionally pull down the overhead garage door onto and about the head, shoulders, and body of Plaintiff. 7. As a result of such conduct, Plaintiff suffered substantial injuries on or about the neck, head, shoulders, left arm, wrist and hands of Plaintiff, which injuries resulted in numbness and pain in and about these extremities. 8. As a result of such conduct, Plaintiff has been compelled to receive medical attention including altendance by a doctor and has incurred medical expenses. 9. Plaintiff has expended sums and is expected to expend sums for medical care and treatment, including specialists, x-rays. MRl, and other treatments. 10. As a result of the incident, Plaintiff has experienced pain and suffering, mental anguish, and inconvenience. WHEREFORE, Plaintiff prays the Court to find that Defendant is liable for the intentional actions and for the resulting special damages and pain and suffering. The amount claimed does not exceed the jurisidictional amount requiring arbitration referral by local rule. March 20, 1997 1~.Cdt~~~N PC ..~-~ " ~'"' . Broujos, Esquire lD. No. 06261 .. North Hanover Street Carlisle, PennsylVlllia 170 13 717/243-4574 717n66-1690 FAX 717124]-1227 .:\,..11..... v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSLYVANIA DOCKET NO. SHELDON D. KISER, PlalntllT SHERRY E. KISER, Defendant IN TRESPASS CERTIFICATE OF SERVICE I, John H. Broujos, Esquire, hereby certify that 1 have served a true and conec:t copy of the foregoing Complaint upon the Defendant Sheny E. Kiser, by serving her attorney P. Danid Altland, by United States Mail, rmt Cass, Postage Prepaid, on Marth 20, 1997 to: P. Danid Altland, Esquire 31 N. Second Street Harrisburg, PA 17101 k~ '. John Broujos, Esquire Attorney for Plaintiff BROUJOS, GILROY .t HOUSTON, P.c. 4 North IIInover Street c.lis1e, Pamsylvania 17013 7171143-4574 FAX #7171143-8227 ;1 : ~ , ....:' ..., ~ I - ! .. , :-rl . '... . "1 .:;,) .' :"! :J ) , I, ! . ; , ,.: '. 1 V; 0 I ~ t~ #i\. .. \AI oJ) ~ .0 _ -II ~ :~ ....... . - SHELDON D. KISER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 97-1518 Civil SHERRY E. KISER, Defendant PRAECIPE TO SATlSEY TO THE PROTHONOTARY: Please mark the above-captioned action settled and discontinued with prejudice. Date: 5/'1/17 v' Jl. Patrick F. Lauer, Jr., E quire Law Office of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme Ct. 10 No. 46430 Attorney for Sheldon D. Kiser IUI3S_1 n '-':> I:> F- -..;J "1 - -'.. on, ::.. ;-" rnr -< r- =:; 'd (-, .. .l-- _ ~tL, -<.- r:~ '1'j ~ -" ;:,1 . :.~ '. .n ~.:- ' . -~~ - ~ }I il <". ' ~ . ~. .. "': ~ ~ :< r..:t