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HomeMy WebLinkAbout98-00068 'i i . :>> ~ t. 4J: - .t CJ s j i ~ u .; ~. ~ \J) (. ~ - . - :;) -- c::J 6- ~ , C>- ~ ~ ROBERT JAMES STINE AND JULIE ANN STINE, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, . ; 9ll- u 8 CIVIL TERM : CIVIL ACTION - LAW RONALD L. CALAMAN AND JANITA L. CALAMAN, DEFENDANTS : JURY TRIAL DEMANDED NOTICE TO DEFEND 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, order 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 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 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangcments must be made at least 72 hours prior to any hearing or busincss before the court. You must attend the scheduled conference or hearing. ..... ROBERT JAMES STINE AND JULIE ANN STINE, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, . ; 9U- (p !? CIVIL TERM : CIVIL ACTION - LAW RONALD L. CALAMAN AND JANITA L. CALAMAN, DEFENDANTS : JURY TRIAL DEMANDED COMPLAINT AND NOW, this ~\.\day of January, 1998, come the plaintiffs, ROBERT JAMES STINE and JULIE ANN STINE, by their attorneys, IRWIN, McKNIGHT & HUGHES, and make the following complaint against the defendants, RONALD L. CALAMAN and JANITA L. CALAMAN, as follows: 1. The plaintiffs are Robert James Stine and Julie Ann Stine, his wife, who are adult individuals residing at 335 Firehouse Road, Shippensburg, Pennsylvania 17257. 2. The defendants are Ronald L. Calaman and Janita L. Calaman, his wife, who are adult individuals residing at 339 Firehouse Road, Shippensburg, Pennsylvania 17257. 3. On or about January 20, 1996, the plaintiffs rented a mobile home located on real estate owned by the defendants, Ronald L. Calaman and Janita L. Calaman. , ,I: ; l' 4. From the time the plaintiffs began renting the mobile home from the defendants, Ronald L. Calaman would request the assistance of plaintiff, Robert James Stine, in making improvements on his property or the mobile home. 5. In March of 1996, the plaintiff, Robert James Stine, assisted with the construction of the deck at the front entrance of the mobile home. 6. In April of 1997, the defendants notified the plaintiffs that their mobile home would be replaced by another mobile home which was a much newer model. 7. The defendant, Ronald L. Calaman, orally requested in early June that the plaintiff, Robert Stine, assist with moving the front deck and deck roof away from the mobile home. 8. The defendant, Robert L. Calaman, selected the evening of June 10, 1997, to move the porch. That evening when the plaintiff arrived home, defendant, Ronald L. Calaman, came to the mobile home and requested that the plaintiffinunediately assist him with moving the porch and porch roof away from the mobile home. 2 \l_ , 9. The defendant, Ronald L. Calaman, at all times directed the activities of the plaintiff, Robert 1. Stine. The defendant placed 2x4 supports to brace the deck roof. The defendant then detached the roof of the deck from the mobile home. 10. The defendant, Ronald L. Calaman, then directed the plaintiff to assist him with moving the deck away from the mobile home. The defendant took the one side and pushed the deck while the plaintiff pulled the deck and deck rooffrom the opposite side away from the mobile home. 11. The defendant, Ronald L. Calaman, failed to attach the extra braces for the roof to the base of the deck. When the deck with its roof began to move the roof shifted thereby snapping the front roof supports. The roof then collapsed upon the plaintiff, Robert L. Stine, causing him serious bodily injuries. 12. The plaintiff, Robert L. Stine, was asked by the defendant to assist defendant, Robert L. Calaman, in order to save the defendants' time and funds required to move the old mobile home and replace it with a newer home model. The plaintiff, Robert J. Stine, was not in a position to refuse ifhe wanted to remain a tenant of the defendants. 3 ,ri 13. At all times, Ihe plaintiff, Robert J. Stine, was under the direct control and supervision of defendant, Ronald L. Ca/aman. His work was intended by the parties to benefit both defendants by saving them money and increasing the value of their property investment created by the installation of a newer mobile home. 14. The defendant, Ronald L. Calaman, was at all times acting on behalf of himself and as agent of his wife, as the property owners of the mobile home being rented to the plaintiffs. , 15. The injuries sustained by the plaintiff, Robert J. Stine, consisted of injuries to his shoulders and back. His back injury was the most serious being a compression fracture of one of his vertebrae. , I 16. \ ! f " I " The injuries of the plaintiff, Robert J. Stine, were caused by the negligent actions of the defendants consisting of the following: A. The failure of the defendants to properly brace the deck roof to ensure that it would not move when the deck was moved away from the mobile home. ':t il f! . \~ .'1 \ i . , I ( \ ( I it .-~-~ . B. The failure of the defendants to properly attach the braces used to support the roof to the deck itself. 4 C. The failure of the defendants to provide for the safety of the plaintiff, Robert J. Stine, by supplying to him a hard hat and taking other safety measures to provide for his protection as he worked on behalf of the defendants. D. The plan of the defendants which was to move the deck without removing the deck roof. This placed the plaintiff, Robert J. Stine, at unecesslll)' risk of injury. 17. The plaintiff, Robert J. Stine, sustained medical expenses and lost wages from his employment as a direct consequence of the injuries he sustained. 18. The plaintiff, Robert J. Stine, experienced substantial pain and suffering as a consequence of the injuries he sustained which were caused by the negligent actions of the defendant. 19. The plaintiff, Robert J. Stine, continues to experience back pain and the injuries to his back are pennanent and may require additional medical treatment. 20. " The plaintiff, Julie Ann Stine, is married to the plaintiff, Robert 1. Stine, and was married at the time of his injury. She has experienced the loss of her husband's comfort and society. " i1 fili. .;~ .'~}~ , .,,~ ;~ ~~.~ .f .\!." 5 Respectfully submitted, WHEREFORE, the plaintiffs, Robert J. Stine and Julie Ann Stine, each requesl damages from the defendants, Ronald L. Calaman and Janita L. Calaman, in the amount Twenty Five Thousand and no/lOO ($25,000.00) Dollars or less with interest as permitted by law and the costs of this action. By: -I Date: January 6, 1998 ,~ ;-fi 6 \ -. . . VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel and us in the preparation of this action. We have read the statements made in this Complaint, and it is true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. .~~iAL -- ROBERT J. STiNE ~ 9/ }'1. a.~ JULIE ANN S 1NE Dat " ,. ,1998 ". "',' ,'. .'" ."1':. SIIEf/ I Fl" S IiETURII CASE NO: 1998-00068 p COMMONWEAL I'll OF PENNSYL V Alll A: COUNTY Or CUMBERLAND STINE ROBERT JAMES ET AL VS. CALAMAN RONALD L ET AL BRIAN BARRICK CUMBERLAND County, P~nnsylvania, who to law, says, th~ within COMPLAINT ....-.. riEGULAH , SheriII or Deputy SheriII OI being duly sworn according was aerv~d upon CALAHAN de:fendant, at 1998 at 339 SHIPPENSBURG. RONALD L 1743: 00 HOURS, rIREHOUSE ROAD PA 17257 on the 14th day OI January the , CUMBERLAND County, Pennsylvania, by handing to RONALD CALAMAN a true and attested copy OI the COMPLAINT together with NOTICE and at the same time directing His attention to the contents th~reoI. Sheri:fI'a Costa: Docketing Service AIIidavit Surcharge 18.00 9.30 .00 2.00 So answet;;;rs: ""./ ~-:? ,......~~~~!: /- .(:/f~:::..(' ~. Jhomas ~ne, ~her~li 5.0::':1. ~<\O HUGHES NCK""T , 'R'" ~ 01/15/1998 ~ by 1itrY ~ ~ Veputy h~r~ Sworn an~~subscribed_~o be:fore me this I!:. - day OI ( /~_'H .{ 199'il A.D. q"" '-'- f.l, )J.1, Ii", _ JILl. I l'j1"rothonotarYf/ I, .I:f " , , . , - ( , I ( ~r'" :t. 1\ ~". 1.'1 I! ! j :, , . , I SIlERIFF'~; I\ETUfW REGULAI\ CASE NO: 1998-00068 P COMMONWEALTIl OF PENNSYLVANIA: COUNTY Or CUMDERLAND STINE ROBERT JAMES ET AI. VS. CALAMAN RONALD L ET AI. BRIAN BARRICK CUMBERLAND County, Pennsylvania, who to law, says. the within COMPLAINT , Sheriff or Deputy Sheriff of being duly sworn according was served upon CALAMAN JANITA L the defendant, at 1743:00 HOURS, on the 14th day of Januarv 19~ at 339 FIREHOUSE ROAD SHIPPENSBURG, PA 17257 . CUMBERLAND County. Pennsylvania, by handing to JANITA CALAMAN a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 2.00 So ans~('?.#?' p~ 7 ~n;,~c.1"~ H. Thomas K11ne, ~her1II Stl.00 HUGHES MCKNIGHT 01/15/1998 by '~n,~ epu y er Sworn and subscribed to before me <"'-' (l. this /S' - day of ~.. '/ 19 9:r A. D, C)iJ' ~o~r~. :1 ,. ROBERT JAMES STINE ANI) .IULlE ANN STINE. PIJA I NTII'FS : IN TilE COURT OF COMMON PLEAS OF : CUMIU<:RLANI) COUNTY. I'ENNSYLV ANIA : I)H.(,H CIVIL TERM v. RONALD L. CALAMAN AND JANITA L. CALAMAN, DEFENDANTS : CIVIL ACTION - LAW : ,IURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above.captioned case settled and discontinued and issue a Settlement Certificate to Marcus A, McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, Date: April 24, 1998