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HomeMy WebLinkAbout97-06511 ~ I I I tl t 1- ~ ~ '" :> " )0.... J" ~ /' ( " ~ - . - ';) " CJ - , s; , ~ 0" , ~. cic",-,;", , ,:,.; ,,'c. , , , ,-: ,.>~. , " , ' ' , ' .'': ,'. ,>.;. .. , " .:, "" "" .'..,. "1 .' ", ',: ",:',:".,:'., ;, >. ;,'- . , ,':~:~>:: ';" . "i" '.. , , '.'....". ,,': "'1'", , " :.,:, " ' , . ..',' . . '".-' ,~"<;" . : .' , ,. ': "y'''':':.''h ", "~'::'. ,,', "', ,',..,,':/.,.: .' ,,'I '..: :: ,:.~ 1.0: 1ftf .: ' . ' . , , . ., -'., ,. " . '-, '. c;;: .,' ';,;,.. '-"'::' .,'" ",", ;;':-{;9':,':: "'.: ~;.' ',.'., ,",:';-, ""':' ,,',' :::::..,,:'.. .,';: ,..' ',', ',. ~;, :~;0,::,.:}';,"'::'T:~:,.< '..",'::: ,:'i".. > ". :. '>.; ;., ,'..,.:':, ',: :,' .::: ," ~", /;" ' <''j,';..,,: i:<."~.: ", .', ',':,"c", " ',,', ,',";'it1;; ",:, .~::~.,., :": :; 11"<:'17 ::yll :;~;~;1;' ,'. ::'i:.", :"" '.'. ~' : ", ''..i >Ik,:','",,';" I..',,, ':. ::ill"t:,i'{:., "11. ",.. ",. >./',;;.:c',: :,. .,.. ",c'.":: . ::~U:;::": :i;;: \'" 1C]I ;", ;:~ .<::;]:; "':,,',.,,. .. ::. '! ,::i}t;: ,,'.. :,;: ,.'~" ;<.: ':~:,dl':, ",..: i""~;' ;:" '>\:":':'~:' ,','. t';,;::::,{;,~,~:>;:: I ::'ii"'" ',.""" " ", ."..,: ':':,:, :")":", ,;: :' ...." .;': ,;,. , ?' : ~ ';;,'" \:;;:. , t" <<,;;, ....;,.'. .' '.. ;,' '.., 'J~}i~t; .,,;,~:,:: . ,.., ' -\<i'~~'i ' ';'!,"'''''''', ' , ..~~' ,':';, ::;,i ..:;>~; , ,." , ' -";,,,"';".'" ;,,5' )>c.,., '. ,,_';,::,;:.;, ", ,.', , " ), ,",,<,..~,:;~ .., '".,': ," "" ' ".,." :, " " .. ':{';;:",: .. , ,i~' :,1,'.":' ' , , /""";' S;::-"::::t;" , . ;';' '<\ ",:,....~, . ..', C'", " " , , ' iF:: ;.,';i: , ....' .' i'.' '., j ~ ..'~~~::1~5~0,~~~~::,:'}i;_ CAROL J. CANOYf : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTYf PENNSYLVANIA Plaintiff v. : NO. q1- V 5/1 c..Lu.:S2 Te r III : CIVIL ACTION. LAW STERLING WHITE ADAMSf Defendant : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth In the following pagesf 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 filing 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 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. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 HANDLE WIENER ..m\compll.nt\clnoy CAROL J. CANOYf Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYf PENNSYLVANIA v. NO. C(7- 1.0511 : CIVIL ACTION- LAW STERLING WHITE ADAMSf Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Carol J. CanoYf by and through her attorneysf HANDLER & WIENER, and makes the within Complaint against the Defendant as follows: 1. Plaintiff, Carol J. Canoy, is an adult individual currently residing at 142 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendantf Sterling White Adams, is an adult individual currently residing at 340 Sixteenth Streetf New Cumberland, Cumberland County, Pennsylvania, 17070. 3. At all times material hereto, Defendant, Sterling Whits Adamsf was the ! . f ~ I , ; ;r If II rr I I:. ! ' owner/landlord of the pramises at 142 Bosler Avenue, Lemoynef Cumberland County, Pennsylvania, 17043, and leased same to the Plaintiff. 4. Defendant, Sterling White Adams, had a duty as the owner and landlord of 1 said premises, to adsquately maintain said premises in accordance with pertinent local, state, and federal regulations concerning the construction and maintenance of stairways used for Ingress and egress. 5. The duty described in paragraph four (4) applied to the staircase used by the Plaintiff, Carol J. CanoYf for means of ingress and sgress on the premises located at 142 Bosler Avenue. 6. Defendantf Sterling White Adams, breached his aforementioned duty by failing to construct and/or maintain said staircase. Specifically f by: (a) failing to construct and/or maintain the ingress/egress so that the handrail was of sufficient height as required by law. (b) failing to construct and/or maintain the Ingress/egress staircase in such d manner as it was safe for its intended and foreseeable use. (c) allowing the staircase to exist with crumbling concrete steps after being put on notice by the tenants of the existence of a dangerous condition. (d) failing to warn of the dangerous condition it knew or should have known existed through an exercise of reasonable care. (e) failing to take reasonable precautions to protect the tenants, in particular, Plaintiff, Carol J. Canoy, from the foreseeable danger. (f) allowing the staircase to remain in a dangerous condition 2 when he knew or should have known that said condition existed and that tenantsf in particular, Plaintiff Carol J. Canoy, would need to use the staircase to ingress/egress from said premises. (g) Failing to inspect the property at proper intervals to ascertain the dangerous condition that existed, which posed a risk of foreseeable harm to those persons lawfully utilizing the stairway, in particular, Carol J. Canoy. 7. On or about March 16, 1996, Plaintiff, Carol J. Canoy, was using the staircase to egress from the premises when she fell, due to the crumbling of concrete on the top step from under her foot. 8. Defendant had actual notice of the deteriorating conditions and need for repair of the staircase prior to March 16, 1996. 9. As a direct and proximate result of the negligence of the Defendantf the Plaintiff, Carol J. Canoy, suffered serious injuries includingf but not limited tOf significant pain and trauma to her left knee, which required immediate and ongoing medical treatment. 10. As the result of the defective staircase and the Defendant's negligence, Plaintiff has suffered great physical painf discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time, to her great physical, 3 j I r j' I 1 -i';, .,1 .t~ emotionalf and financial detriment and loss. 11. As the result of the defective staircase and Defendant's negligencef Plaintiff has been, and will in the future b'l, hindered from performing thu duties required by her usual occupetion and from attending to her daily duties and chores to her great lossf humiliation and embarrassment. 12. Plaintiff, Carol J. Canoy, believes and therefore avers that her Injuriss are permanent in nature. 13. As a result of the Defendant's negligence, Plaintiff, Carol J. Canoy, has been compelled, in order to effect a cure for the aforesaid injuriesf to expend large sums of money for medicine and medical attention, and will be required to expend large sums of monsy for the same purposes in the future, to her great detriment and loss. WHEREFOREf Plaintiff, Carol J. CanoVf demands judgment in her favor against the Defendant in excess of Twenty-Fivl' Thousand Dollars ($25fOOO.00I, exclusive of interest and costs. i' ! Reapectfully Submittedf HANDLER & WIENER Date: 11- I o~f1 By: W. Scott I.D. No. 32298 319 Market S et P.O. Box 11 7 Harrisburg, Pennsylvania 1 71 08-1171 (7171238-2000 Attorney for Plaintiff 4 VERIFICATION The undersigned hereby verifies that the statements in the foregoing COMPLAINT are based upon Information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the above-named COMPLAINT is of counsel and not my own. I have read the COMPLAINT and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the COMPLAINT is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. I!kf.l? 7 Date: 'I, N ~q7 SHERIFF'S RETURN - REGULAR CASE NO: 1997-06511 P COMMONWEALTH OF P~NNSYLVANIAI COUNTY OF CUMBERLAND CANOY CAROL J VS. ADAMS STERLING WHITE MICHAEL BARRICK CUM8ERLAND County, Pennsylvaniaf who to lawf says, the within cnMPI ~rNT upon ADAftS STERLIN WHITE defendantf at 1440:00 HOURS, on 1922 at 340 SIXTEENTH STREET NEW CUM8ERLAND, PA 17070 . Sheriff or Deputy Sheriff of being duly .worn according was .erved the the ~ day of November County, Pennsylvania. by handing a true and attested copy of the together with NOTICE and at the same time directing Her attention . CUMBERLAND to DONNA ADAMS. WIFE OF DEFT. COMPLAINT to th~ contents thereof. Sheriff's Costs I Docketing Service Affidavi t Surcharge 18.00 10,54 .00 2.00 So ansn.r./ ~ r""~. ~J~~ R. rhomas~ 1nef - er1 SJ~.~4 HANDLER AND 12/01/1997 by ;;(~~dJ-?f Sworn and subscribed to before me this l..r day of I.~" _t-o 19 1(7 A. D, Cl. '.. (}_ n.,~/i. , 1''''7:. r-1 Yroth.onotary' ~ - J l...;',.. ..j; >~ I',..,', 3~ ~ .;~ RAPP, FRA~ICBLLI , ULRICH BY; KENNETH A. RAPP, ESQUIRE 6400 Flank Driv., suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney I.D. No. 41671 CAROL J. CANOY, Plaintiff ;IN THE COURT OF COMMON PLEAS 0' :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW v. STERLING WHITE ADAMS, Defendant INO. 97-6511 :JURY TRIAL DEMANDED ENTRY O. APPEARANCB TO THE PROTHONOTARY; Kindly enter my appearance on behalf of Defendant, Sterling White Adams, in the above-captioned case. Please note our demand for trial by jury. Respectfully submitted, RAPP, ULRICH A. RAPP, ESQUIRE ney for Defendant) PROOF OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440 and related provisions: Service by First-Class Mail PostaQe Pre~aid, Addressed as Follows: W. Scott Henning, Esquire HANDLER AND WIENER 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (Attorney for plaintiff) DATE: /1 \ II \C() KEN ET A. RAPP, ESQUIRE 6400 ank prive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney 1.0. No. 41671 C .:> () r -.1 , I --: :? '\ 'J ,- ~ .L., \" olJ , .. _Ie" ,- '!:!\ / . .. . . ~ () " , ~ . .~i II .- L-:: ~-~ ~ .',) .- -'J 10 =< RAP., PRATICILLI , ULRICH BY: KENNETH A. RAPP, ESQUIRE 6400 Flank Drive, suite 900 Harri.burg, PA 17112 (717) 541-8990 Attorney 1.0. No. 41671 CAROL J. CANOY, plaintitt : IN THE COURT OF COMMON PLEAS or I CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW v. STERLING WHITE ADAMS, Detendant INO. 97-6511 :JURY TRIAL DEMANDED CKRTIrICATB or SZRVICB I, XENNETH A. RAPP, ESQUIRE, attorney tor Detendant Sterling White Adams, hereby certity that Defendant's Firet Set of Interrogatories and Request for Production of Document. addre.sed to Plaintift in the above-captioned matter was served upon W. Scott Henning, Esquire, Handler and wiener, 319 Market Street, Post Office Box 1177, Harrisburg, Pennsylvania 17108, by placing same into the general delivery mail on this "~~ day of December, 1997. Reepectfully submitted, RAPP, rRATICILLI , ULRICH A. RAPP, ESQUIRE rney for Defendant) r', ..r. l.' ".1 "'!"t.~ . " .;; I :',:, - . . , ~,1 f) .'. ;,' ~ , "..J ~'J "' aaRP, raATICILLI , ULaICB BY: KENNETH A. RAPP, ESQUIRE 6400 Flank Drive, suite 900 Harri.burg, PA 17112 (717) 541-8990 Attorney 1.0. No. 41671 CAROL J. CANOY, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW '. v, STERLING WHITE ADAMS, Defendant :NO. 97-6511 :JURY TRIAL DEMANDED , HOTtel! TO PLIIAIl TO: PLAINTIFF CAROL J. CANOY c/o W. Scott Henning, Esquire 319 Market Street P.O. Box 1177 Harrisburg, PA 1710a r. ... i- YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully eubmitted, RAP" rRATICBLLI , ULaICB DATE: 1\ 6 \~~ , SQUIRE Dafendant) RA", ~RATICILLI , ULRICH BYl KENNETH A. RAPP, ESQUIRE 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney I.D. No. 41671 CAROL J. CANOY, plaintiff lIN THE COURT OF COMMON PLEAS OF lCUMBERLAND COUNTY, PENNSYLVANIA lCIVIL ACTION - LAW v. . . STERLING WHITE ADAMS, Defendant lNO. 97-6511 lJURY TRIAL DEMANDED AHSWIR O~ DI.IHDAHT STIRLINO WRITI ADaMA TO PLAIIITI..' S COMPLAIIIT WITH NO IlJ.TTIR 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Denied. Paragraph 4 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of civil Procedure. 5. Denied. Paragraph 5 contains statements and conclusions of law to which no responsive pleading is required undeJ;' the Pennsylvania Rules of civil Procedure. 6. Denied. It is specifically denied that the Defendant breached his duties, if any, owed to the plaintiff. Sub-paraqraphe (a) - (g) contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rulee of civil Procedure and accordingly the eame are denied. To the extent these sub-paragraphs are deemed factual, they are further denied. 7. Denied. After reasonable investigation, Defendant without sufficient knowledge or information to form a belief the truth of the averment and accordingly denies the ..... , 8. Denied. Paragraph 8 contains statements and conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and accordingly the same are denied. 9. Denied. It is epecifically denied that the Defendant was negligent in any way with respect to the Plaintiff's claim. After reasonable investigation Defendant ie without sufficient knowledge or information to form ~ belief ftS to the remainder of the averment and accordingly denies the same. 10. Denied. It is specifically denied that a defective staircaee existed alld that the Defendant was negligent in any way with respect to the Plaintiff's claim. After reasonable investigation Defendant is without sufficient knowledge or information to form a belief ae to the truth of the averment and accordingly denies the same. 11. Denied. It is specifically denied that a defective staircase existed and that the Defendant was negligent in any way with respect to the Plaintiff's claim. After reasonable investigation Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment and accordingly denies the same. 12. Denied. After reasonable investigation Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment and accordingly denies the same. 13. Denied. It is specifically denied that the Defendant was 2 ..,~..,.....~,.~................, negligent in any way with respect to the Plaintiff's claim. After reasonable investigation Defendant is without eufficient knowledge or information to form a belief as to the remainder of the averment and accordingly denies the same. WHEREFORE, Defendant, sterling White Adams, respectfully requests judgment be entered in his favor and against Plaintiff, together wi~h such other relief as deemed appropriate and just. , ... KATTBR PURSU1HT TO PA.R.C.P. RULB 1030. 42 Pa.C.S.A. . 14. Plaintiff Carol J. canoy's claims are barred by reason of Plaintiff Carol J. Canoy's ne~ligence, which negligence was the cause of her injuries and the other damages claimed. 15. The causal negligence of Plaintiff, carol J. Canoy, was greater than the total negligence, if any, of Defendant, and accordingly any recovery by Plaintiff is barred or must be reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. S7102. ~. .. 16. Plaintiff, Carol J. canoy, failed to exercise reasonable care for her safety under the circumstances then and there existing and such failure to exercise reasonable care constitutes comparative negligence on her part. 17. Plaintiff, Carol J. Canoy, was careless and negligent under the circumstances then and there existing in that she: (a) failed to observe the conditions of the concrete steps at the time; ',; 3 (b) failed to observe the open and obvious condition of the area over which ahe wae walking; (c) failed to take precautions as required by the conditione then and there existing; and (d) otherwise failed to exercise reasonable care under the circumstances. , i I I I ~ 18. The negligence and careleesness of the plaintiff, Carol J. Canoy, as aforesaid, were substantial factors in the happening of the alleged accident. 19. Plaintiff Carol J. canoy's claims are barred by reason of Plaintiff Carol J. Canoy's conscious and knowing assumption of the riek of harm allegedly caused by Defendant's conduct. 20. Defendant committed no acts which could be construed as negligence or in breanh of any duty owed to plaintiff. ThQrefore, plaintiff's Complaint fails to state any claim against Defendant upon which relief may be granted. WHEREFORE, Defendant, sterling White Adams, respectfully requests judgment be entered in his favor and againet plaintiff, Carol J. Canoy, together with such other relief as dee.ed appropriate and just. , i I I.. Ir ! , " Respectfully submitted, x. PP, ESQUIRE ey for Defendant) 4 VERIFICATION I, STERLING WHITE ADAMS, verify that the facts set forth in the foregoing document are true and correct to the beat of my knowledge, information and belief and this verification is made subject to the penalties of 18 Pa. C.S. S4904 relating to ~nsworn falsifications to authorities. I further state that I am signing this verification on the recommendation of my attorney who has advieed that the language in the foregoing document is required legally to raise issues for resolution by the Court at trial. Further, I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorney on his advice. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsifications to authorities. DATED: ~~~#~~ S ERLI ITE AD S ~3~/971 I t, , ,04' i/ , (') \D n c "" ." "" '- ;-,i .,,('~ ,. (PI'" ..<: 'i;~ ?;:j~ I ';7 ./1 (~ .'"; -I .)~ ~~- . ,'I t::~r) ." :s: .,:;-.,. '",l ' ~. ., . <'~ - ~~L! N 614 \ .. .,. :z ~ ~ :< .- Phlintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6511 CAROL CANOYf v. STERLING WHITE ADAMS, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 14. Denied. The allegation set forth in Paragraph 14 is a conclusion of law to which no responsive pleading is required; however, to the extent that the Honorable Court deems a response necessary, the Plaintiff specifically denies that her claims are barred by reason of negligence on her part. and proof to the contrary is demanded at the trial in this matter. 15. Denied. The allegation set forth in Paragraph 15 is a conclusion of law to which no responsive pleading is required; however, to the extent that the Honorable Court desms a response necessary, the Plaintiff specifically denies that Carol J. Canoy was negligent in any manner. It is further denied that the Plaintiff's Claim should be barred or reduced in accordance with the Pennsylvania Comparative Negligence Act. Proof to the contrary is demanded at the trial in this matter. 16. Denied. The ellegation set forth in Paragraph 16 is a conclusion of law to which no responsive pleading is required; however, to the extent that the Honorable Court deems e response necessary. the Plaintiff specifically denies that she failed to exercise reasonable care for her safety, and that any action on her part constituted comparative negligence on her part, and proof to the contrary is demanded at the trial in this matter. 17. Denied. It is specifically denied that the Plaintiff was careless and negligent under the circumstances then and there existing. Subparagraphs la) through (dl contain statements or conclusions of law to which no responsive pleading is required, and the same are consequently denied. In further answerf to the extsnt that the allegations as set forth in Paragraph 17 are deemed to be factualf it is denied that she was negligent or careless in any of the respects set forth in Subparagraphs (a) through (dlf and proof to the contrary is demanded at the trial in this matter. 18. Denied. The allegation set forth in Paragraph 18 is a conclusion of law to which no responsive pleading is required; however, to the extent that the Honorable Court deems a response necessary, the Plaintiff denies that she was ir, any way negligent or careless, and consequently denies that any negligence or carelessness on her part was a substantial factor In the happening of the alleged incident, and proof to the contrary is demanded at the trial in this matter. 19. Denied. The allegation set forth in Paragraph 19 is a conclusion of law to which no responsive pleading is required; however, to the extent that the Honorable Court deems a response necessary, the Plaintiff specifically denies that her claims are barred by reason of assuming the risk of harm caused by the Defendant's conduct, By way of further answer f the Plaintiff asserts that the doctrine of assumption of the 2 '-'_'_'.'''''''''<'<1''1'' VERIFICATION PURSUANT TO PA R.C,P. NO. 1024101 W. SCOTT HENNING, ESQUIRE, states that he is the sttorney for the party filing the foregoing document; that he makes this affidavit as an attorney f because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief. based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. ~4904 relating to unsworn falsification to authorities. W, Scott Henningf Esquire Date=!-- / J -ff I [, I f f- , (') -n n I " 0) -n ,. t_ --,.1 ~I::'l ';.~ ~ -n \ t!.ll',; -. ,1'.. . ,~ :(.;,' , -,,,., V; ~ ~l ~I:; ( :'6 r_;;~_. .,'} .I'll , " :.t.: ' ") :~J " ..~ " n i,)r - .~~ ;-t :..J :';,1 '" :iJ ..... I,,) ....