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Home My WebLink About98-06893 1~ ~1 , .... It! q,,\ ~ . III ~ ..., ~ \) ) "t ~ \i) :g ~ . "( ...... \! t 3 ~ \ ~ =' .':) ~ c() Q.... 00 ~ \ ' c..,. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Steven R, Schwartz and .Junp. I.. Schwartz, his wife, Plaintiffs Civil Action - Law No. 1f &5f~ (i((.~..L v. St. Andrews Episcopal Church and St, Andrews Episcopal Home, Defendants JURY TRIAL DEMANDED 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 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 thp Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiffs. You may also 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. PA Bar Association Lawyer Referral Service Telephone No: 1-800-692-7375 (PA only) or (717) 238-6715 BY: KUL~ & WEISBROD, P.C. '1i Q,Q_ O~ Stephen D. Kulla, Esquire Attorney for Plaintiffs Pa. Supreme Court I.D. #59003 9 East Main Street Waynesboro, PA 17268-1633 (717) 762-3374 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Steven R, Schwartz and June L. Schwartz, his wife, Plaintiffs Civil Action - Law No. '/J. Gf'/l Cl."! 77,,,.... v, St. Andrews Episcopal Church and St. Andrews Episcopal Home, Defendants JURY TRIAL DEMANDED 2. COMPLAINT NOW COMES the Plaintiffs, Steven R. Schwartz and June L. Schwartz, his wife, by and through their attorney, Stephen D. Kulla, Esquire, and respectfully aver as follows: 1. The Plaintiffs are Steven R. Schwartz and June L. Schwartz, his wife, sui juris adults, residing at 328 West Second Street, Waynesboro, Franklin County, Pennsylvania 17268. The Defendant is the St. Andrews Episcopal Church, (hereinafter referred to as "Episcopal Church"), an entity located at 21 North Prince Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant is the St. Andrews Episcopal Home, (hereinafter referred to as "Episcopal Home"), an entity located at 206 East Burd Street, Shippensburg, Cumberland County, Pennsylvania 17257. 4. The Plaintiff believcfl and therefore avers that thc two Defendants herein dt'e one and the same entity. 5. On February 17, 1998, the Plaintiff Steven R, Schwartz, (hereinafter referred to as "Dr. Schwartz"), was serving as an independent contractor in the role of a visiting podiatrist attending to residents of the Episcopal Home. 6. On February 17, 1998, Dr, Schwartz appeared at the Episcopal Home to attend to residents. 7, In order to reach the Episcopal Home from the parking lot Dr. Schwartz was directed to park in, Dr. Schwartz was required to traverse a path with a gradual incline that was located on the Episcopal Home/Episcopal Church property. 8. Despite due and proper care and precautions, Dr, Schwartz did not see, and was unable to see, nor appreciate an ice build- up/sheet on said walk. 9. Dr, Schwartz slipped and fell on said ice build-up/sheet which caused his body to be slammed to the ice and concrete. 10. As a result of said fall, Dr. Schwartz suffered shortness of 2 breath, intense pain, contusions to his hip, ch"ut and forearms and broken ribs. 11. As a result of the injuries, Dr. Schwartz was caused to fleck medical attention at the Waynesboro Hospital emel'gency room and to take two pain reducing medications. 12. ! As a result of the injuries, Dr. Schwartz suffered persistent discomfort, pain and suffering for a period in excess of three weeks. 13. As a result of the injuries, Dr. Schwartz was caused to lose income from his profession and suffer other incidental and consequential damages. COUNT I STEVEN R. SCHWARTZ vs. ST ANDREWS EPISCOPAL HOME al/d ST. ANDREWS EPISCOPAL CHURCH NEGLIGENCE 14. Paragraphs l through 13 are restated and incorporated herein by reference. 15. The Episcopal Home and Episcopal Church owed Dr. Schwartz, as an independent contractor serving residents of said entities, a duty of care. 3 1G. The Episcopal Home and EpincopaI ChUl'ch breached said duty of care by failing to keep the walkway to ,wid home in il reasonable and safe manner to ensure against falls on accumulated ice or ice sheets, 17. The Episcopal Home and Episcopal Church's breach of duty was the proximate and direct cause of the injuries suffered by Dr. Schwartz. WHEREFORE, it is requested that this Honorable Court enter judgment in favor of the Plaintiff, Steven R. Schwartz and against the Defendants, St. Andrews Episcopal Home and St. Andrews Episcopal Church in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). ,\ , COUNT II STEVEN R. SCHWARTZ vs. ST ANDREWS EPISCOPAL HOME and ST. ANDREWS EPISCOPAL CHURCH NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS .,) 18. Paragraph 1 through 17 are incorporated herein and restated by reference. 19. The actions on the part of St. Andrews Episcopal Home and St. Andrews Episcopal Church, in not removing the ice build- 4 I, ~.', up/sheet located therein, were intentional. 20. St. Andrews Epi !lcopa 1 1I0me and St, AndrewB Episcopal Church knew, or should have known, that non-rcmoval of the aforementioncd ice build-up/sheet would cause Dr. Schwartz mental pain, anguish, and suffering, and said actions on behalf of St. Andrews Episcopal lIome and St. Andrews Episcopal Church were likely to negligently cause said pain, anguish, and suffering. 21. Dr. Schwartz has endured severe pain, anguish, and suffering. WHEREFORE it is requested that this Honorable Court enter judgment in favor of the Plaintiff, Steven R. Schwartz, and against the Defendants, St. Andrews Episcopal lIome and St. Andrews Episcopal Church in an amount in excess of Twenty Five Thousand Dollars ($25,000.00). COUNT III JUNE L. SCHWARTZ vs. ST. ANDREWS EPISCOPAL HOME and ST. ANDREWS EPISCOPAL CHURCH 22. Paragraphs 1 through 21 of the Complaint are restated and incorporated herein by reference. 23. As a result of the injuries sustained by her husband, Steven 5 Respectfully submitted, R. Schwartz, June L. Schw<Jrtz waH deprivf.~d of th(~ ilB1Jintdllce, companionnhip, cOllfJonilllll i1nd Iloci..,t.y of h", hllllbillld all of which Wil~ to her grcilt 1000 ilnd d~triment. WlIEREFORJ.:, Plaintiff, June L, Schwartz demands judgment of the Defendants, St. Andrews Episcopal Home and St. Andrcws Episcopal Church in an amount in excess of Twenty-Five Thousand Dollars ($25,000,00). KULLA & WEISBROD, P.C. BY: L - . f\ I), ,::J r '; () \J.-~ .-L/, Stephen D. Kulla, Esquire Attorney for Plaintiffs, Schwartz f ! t I. f. r 6 Steven R. Schwartz and June L. Schwartz, his wife, Plnintif fs civil Action - Law No. 98-6893 v. St. Andrews Episcopal Church and St. Andrews Episcopal Home, Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE To the prothonotary: please mark the above referenced case settled and discontinued, with prejudice. KULLA & WEISBROD, PC. Date: January \ 2. ~o~ Stephen D. Kulla, Esquire Attorney for Plaintiffs , 1999 BY: