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Home My WebLink About04-0036 II II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA D. DAVIS, and BRADLEY DAVIS 13 Schofield Drive East Berlin, PA 17316 NO.04-~b C,~'tC-T~ v. CIVIL ACTION - LAW MECHANICSBURG CHILDREN'S HOME 5120 Simpson Ferry Road Mechanicsburg, P A 17050 JURY TRIAL DEMANDED PRAFc:rPF FOR WRIT OF STJMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass against the Defendant in the above case. x Writ of Summons shaH be issued and forwarded to Sheriff. stine, Supreme Court J.D. #22487 Two West Market St., P.O. Box 952 York, PA 17405 Phone: (717) 846-0606 Attorney for the Plaintiffs DATE ~/..(J:J. -0 Y ********** SUMMONS IN CIVIL ACTION TO: Mechanicsburg Children's Home 5120 Simpson Ferry Road Mechanicsburg, P A 17050 Y",,". j'"n'",',.Y,,,,-, "H'~ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS CO~M;':ED AN ACTION AGAINST YOU. ~~ .~~ Prothonotary/Clerk, Civil Di~ '-- Ry ~(J-?- P P ~b)' ~ ID,,,- j,J.J I~'~., .<'1';';,':1'1'11.. ''". 'I'. ,(' DATE...J~.....\ f; :LcX/f I 7V \-) ~ it- A fJ), t- ~ ........ \' Crl -t: {'- f" D- C) 6"- ~ .Qs ~ ~ C) ;-0..;, rm c:::> <..::::::;> .....~.+ ( , ..".- 1 "'-'., ...' i'J c.) f',j C) -1) '-I 0"'~r, ...:~ ;~~S:j ~--:lC) --,;~? i':f~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00036 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS LAVINA D ET AL VS MECHANICSBURG CHILDREN'S HOME CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MECHANICSBURG CHILDRENS HOME the DEFENDANT , at 0927:00 HOURS, on the 9th day of January 2004 at 5120 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 by handing to REV KENNETH R ARTHUR, EXECUTIVE DIRECTOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.28 .00 10.00 .00 36.28 ~C7t~,...,.p/ ,~4 ,,... '''~4'''''''''>-'''''-'''Y~- R, Thomas Kline 01/12/2004 DALE E "NSTINE Sworn and Subscribed to before By: me this '"', 1'-/- day of '-~ :J.iJ'O'f A.D. (~,~ C~..')~ "O<1C: iPrbthonotary ,'''T J IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAVINA D. DAVIS, and BRADLEY DAVIS 13 Schofield Drive East Berlin, PA 17316 No. 04-36 CIVIL ACTION - LAW v. MECHANICSBURG CHILDREN'S HOME 5120 Simpson Ferry Road Mechanicsburg, P A 17050 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, MECHANICSBURG CHILDREN'S HOME, in the above-captioned matter. KELLY GRIMES PIETRANGELO & VAKIL, P.c. BY: DEVLIN DALY, ESQU E ORNEY FOR DEFENDANT, (') ,...., 0 c.:.> ,-- c:e -., (- :::3 7<: "~ -n rn r-::;"; ~- -0 en \-..:> :,"9 ~::1() ~c ,., , ~. .-,", ("" ('.-" :::G -'~-:;' rf, .:"'~ ...,.:' ".D --.-', ... -..~> :.Z N ,. ,D ~....- IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA D. DAVIS, and BRADLEY DAVIS 13 Schofield Drive East Berlin, PA 17316 No. 04-36 CIVIL ACTION - LAW v. MECHANICSBURG CHILDREN'S HOME 5120 Simpson Ferry Road mechanicsburg, P A 17050 JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Enter a Rule upon the Plaintiff, LAVINA D.DA VIS and BRADLEY DAVIS, to file a Complaint within twenty (20) days from the service of the Rule or suffer Judgment of Non-Pros. DAlE 1/;:4r BY: RIMES PIETRANGELO RULE ~ AND NOW, to wit this.;21 day of January, 2004 ,the Plaintiff, LAVINA D. DAVIS and BRADLEY DAVIS is hereby ruled upon to file a Complaint within twenty (20) days from the service hereof or suffer Judgment Non-Pros for failure to do so. n c-;~ ,...., = C.:J .c- <- ""-, :;;;:". ~ \-., ~F? ~I --t :r: '"T'. rl1p -om :ny Dn ~t.:f1 ~~~~ FI~ r-.) \.0 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION LAVINA A. DAVIS, and BRADLEY DAVIS, Plaintiffs NO. 04-36 CIVIL TERM v. CIVIL ACTION-LAW MECHANICSBURG CHILDREN'S HOME, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. y",,",l'en'''','''_'-'A'''''', LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 'IL\.I..1.j J<;, ,'1\.."1;'\']"1 x',,:, I'. (' EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYL VANIA DIVISION CIVIL LAVINA A. DAVIS, and BRADLEY DAVIS, Plaintiffs NO. 04-36 CIVIL TERM v. CIVIL ACTION-LAW MECHANICSBURG CHILDREN'S HOME, Defendant JURY TRIAL DEMANDED A VISO PARA DEFENDER Confonne a P A RCP Num. 10 18.1 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensaci6n rec1amados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEV AR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI US TED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Y""K. I'>,~,~".,.^~,-, IH"_' LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: 1-800-990-9180 1);'\:1,'''' :!';.,'\.>;,,;,,',o;'n',, I'., (' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA A. DAVIS, and BRADLEY DAVIS, Plaintiffs NO. 04-36 CIVIL TERM v. CIVIL ACTION-LAW MECHANICSBURG CHILDREN'S HOME, Defendant JURY TRIAL DEMANDED COMPLAINT I. The Plaintiffs, Lavina A. Davis and Bradley Davis, wife and husband are adult individuals residing at 13 Schofield Drive, East Berlin, P A 17316. 2. The Defendant Mechanicsburg Children's Home owns, operates, and/or maintains a facility located at 5120 Simpson Ferry Road, Mechanicsburg, Pa 17050; called and commonly referred to as the Mechanicsburg Children's Home. 3. On February 4,2002, at approximately 3:30 p.m. Plaintiff, Lavina A. Davis was present at the Mechanicsburg Children's Home and was traversing the sidewalk in order to enter Cottage "D" when she slipped and fell on ice and snow which had accumulated in hills and ridges on the sidewalk so as to unreasonably obstruct travel. 4. As a result of her fall, Plaintiff Lavina A. Davis sustained serious personal injuries. 5. At all times relevant hereto, the Defendant acted through its employees, agents, and/or servants, and is vicariously liable for the negligence of those individuals or entities. I'A'I.."" !K. ;\ ,'<.',;'j'J;\< ".1, ;P. (', 6. This action occurred as a result of the negligence of the employees, agents, and/or y"".. p""",","AN,^ "",-, servants of the Defendant and was due in no manner to any act or failure to act on the part of the Plaintiff. 7. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNT I LA VINA A. DAVIS v. MECHANICSBURG CHILDREN'S HOME 8. The allegations contained in paragraphs I through 7, inclusive, are incorporated herein as fully as though set forth at length. 9. The negligence of the employees. agents, and/or servants of the Defendant consisted of the following: a) :j)^,\..I..,., lJ<:. :"""....'T:L;:";.,,. 11',.(' y,,"H, I'",,""H"AH' ,"",-, Failing to recognize the special element of harm and danger of ice and snow on the sidewalk leading up to Cottage "D"; b) Permitting or allowing the ice and snow to accwnulate in hills and ridges on the sidewalk so as to unreasonably obstruct travel when the Defendant knew that persons such as the Plaintiff would have to traverse the area; c) Failing to utilize that degree of care required for invitees such as the Plaintiff by not maintaining the premises in a safe and usable condition; d) Failing to inspect the premises to discover the unsafe and hazardous condition of ice and snow on the sidewalk; e) Failing to warn or protect the Plaintiff from the unsafe and hazardous condition of ice and snow on the sidewalk when the Defendant knew or should have known that the Plaintiff might be unable to protect herself; f) Failing to correct the hazardous and dangerous icy condition that the Defendant knew or should have known existed on the premises; g) Creating or allowing a hazardous condition to exist which the Defendant knew or should have known involved an unreasonable risk of danger to persons such as the Plaintiff who would not know or have reason to know of the unreasonable risk of hann; h) Failing to carry on the Defendant's activities with reasonable care for the safety of the public; i) Failing to remove the ice and snow from the sidewalk; and j) Failing to mask the icy condition by salt, cinder, or otherwise covering the area to make it safe for use. 10. As a result of the aforesaid negligence, the Plaintiff suffered serious and pern1anent injuries including but not limited to severe trimalleolar fracture of the left ankle, post-traumatic arthritis of the left ankle, left foot pain, swelling and loss of range of motion in her left ankle, left leg pain and a severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, and she will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of her earnings and impainnent of her earning capacity and the loss of income and impainnent of earning capacity will, or may continue in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, ,,-.'",',,'"^"""< '-'-'00'-""'"'"9''' loss of life's pleasures, scarring and disfigurement, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. 1l,..\.Id'l :~;, ,1>.S.'"l"r'N'"i, I'., .(', Y''',"_I'''-"''H''''"'^ '7.I"~ WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II BRADLEY DAVIS v. MECHANICSBURG CHILDREN'S HOME 14. The allegations contained in paragraphs I through 13, inclusive, are incorporated herein as fully as though set forth at length. 15. Solely as a result of the negligence of the Defendant, and the resulting injury to his spouse, the Plaintiff, Bradley Davis, has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: D . Ans ine, EsqUire ttomey ID No. 22487 2 West Market Street Post Office Box 952 York, PA 17405 (717) 846 - 0606 Il;.\ 'J. :., :I~, ,'i. '" ''''T ,11\' "'J, I>', _.(' Y'","_I'''-'""H'-.'''''H''--, VERIFICATION Dale E. Anstine, Esquire, hereby states that he is the attorney for the Plaintiffs in this action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. This Verification is being utilized because the Plaintiff may not be able to verifY the herewith Complaint within the fifteen day period to file the herewith Complaint based on a Rule entered by the Prothonotary. The Verification of the Plaintiff will be substituted for the herewith Verification as soon as possible. Date: ??.:/l- tJ3 -0 V 0,'\:1,,1 ".;. ;'>.x,,,.,',':':I'], 1','(' y,,,,",]',,,,,,_".",,"",17'."-' Dale E. Anstine, Esquire Attorney LD. No. 22487 Attorney for Plaintiff () C 7= ~~r;.l ?,~i,'!;: ~:cS <~~.' . .~....., ,( -~' r-~ ';; ~~ -<. .... = => .r- .." M co I .j:""' -0 ::l;: o " ~:n ~~ ::c-n 05 2m () :;:1 ~ N 0' 11,\1,1': I': ,\.''''''"['.'SI':, I' (' II " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA D. DAVIS, and BRADLEY DAVIS Plaintiffs NO. 04-36 v. CIVIL ACTION - LAW MECHANICSBURG CHILDREN'S HOME Defendant JURY TRIAL DEMANDED PRAFC'IPF TO SlTRSTTTlTTF VFRIFTC'ATTON TO THE PROTHONOTARY/CLERK OF SAID COURT: Please substitute the attached verification of the Plaintiff for the verification of counsel, appended to the Complaint filed in the above-referenced cause. DATEr2./t~ . Anstine, Esquire Supreme Court I.D. #22487 Two West Market St., P.O. Box 952 York,PA 17405 Phone: (717) 846-0606 Attorney for the Plaintiffs . VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint i,~ true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn fAlsification to authorities. Date: d -ltJ i1{ ~iJj.l~ L"'" .D,," Date: .,;J;a/d'/ / , ~~ Bradley Da DPd,J<J }:, ,'\;>.'"\'1':1;'<.;'1. !P,'I' Y""K,I'",'_,',VL>""""'''-' Ii,'\[, I" 1':.,.\.'-'",-;"1'1;'<1':,1).... ".,,,., '-'''''.1'""".,.''.''''''7'''-. CERTIFICATE OF SERVICE AND NOW, this /~.<ILaay of February, 2004, I, Dale E. Anstine, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage pre-paid, addressed to the party or attorney of record as follows: Joan Devlin, Esquire KELL Y GRIMES PIETRANGELO & VAKIL PO Box 1048 Media PA 19063-0848 e E. Anstine, Esquire Attorney ID No. 22487 Two West Market Street Post Office Box 952 York, PA 17405 ,""",::.~'j: r,-~,:-; , ~~-~.:: ~~] ~ o ~; ,...., = c=> .r' .." fT1 c;:J o -" -, :I-u "'FT; ~1? ::::1~/, \.H,l ()c') ~'_~H en s::; ?,; -< co -cJ ~) o ,0;-' H,~l.'I'l E. ."XJ';.T'(~~l. ~'. '(', '~0 ,,," "A.". "".,, PO.""""'" ",'" ~~, Y"~K. ""NN'nVAN'~ ''''0" " " N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA LAVINA D. DAVIS, and BRADLEY DAVIS Plaintiffs NO. 04.36 v. CIVil ACTION. LAW MECHANICSBURG CHILDREN'S HOME Defendants JURY TRIAL DEMANDED PRAECIPE TO REMOVE TO THE PROTHONOTARY: (X) Please mark the above captioned action SETTLED AND SATISFIED OR ( ) Please mark the above captioned judgme or the I I S Da eE. Anstine, Esquire Supreme Court No. 22487 Dated: tJ, /-0 S- cc: Joan Devlin Daly, Esquire :.~-:; .:.;.;..oJ .::JI ~.. j -'(1 -< :1: \l\ ::;:-.! ! ( ~ --