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HomeMy WebLinkAbout04-1061 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (')J./ - 16~ I (IICJi,L ~~ CAREY ASSOCIATES, INC., Defendant CIVIL ACTION - LAW 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 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. CAREY ASSOCIATES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAl. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O, Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /")J.{-/Dt../ (J;ui.('T~ CAREY ASSOCIATES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, come the Plaintiffs, Tammy Meyer and Thomas Meyer, her husband, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: COUNT I TAMMY MEYER V. CAREY ASSOCIATES 1. Plaintiff, Tammy Meyer, is an adult individual who currently resides at 1900 Turkey Bird Road, Newport, Perry County, Pennsylvania, 17062. 2. Plaintiff, Thomas Meyer, is an adult individual who currently resides at 1900 Turkey Bird Road, Newport, Perry County, Pennsylvania. 3. Plaintiffs, Tammy Meyer and Thomas Meyer, are husband and wife, having been married on September 19, 1998. 4. The Defendant, Carey Associates, Inc. is a Pennsylvania business corporation, with an office located at 542 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 5. The facts and circumstances hereinafter set forth occurred on the business premises at 542 Bridge Street, New Cumberland in the building at which Defendant Carey conducts its business on Saturday, January 31,2004 at approximately 10:00 a.m, 6. Defendant Carey was open for business at the time that the incident giving rise to this claim occurred. 7. At the aforesaid time and place, the Plaintiff Tammy Meyer was at the premises of the Defendant to drop off her tax papers so that the Defendant could prepare her tax return, 8. In order to drop off her tax papers, Plaintiff had to ascend a flight of wooden stairs to the second floor. When she arrived, she was escorted to the second floor by an employee of the Defendant. 9. After she had dropped off the papers on the second floor, Plaintiff Tammy Meyer began to descend that same set of interior wooden stairs. 10. The stairs are steep and were covered with a white foamy material that looked similar to material that is used to melt snow and ice outdoors. 11. One of the Defendant's employees had slipped and fell on the very same flight of stairs a few days earlier than the Plaintiff on that same material that remained on the stairs. 12, There was no carpeting or other anti-skid materials on the steps. 13. There was no guiderail, handrail, banister or other similar device for a person to grab onto if they lost their footing, 14, As the Plaintiff descended the stairs, her feet went out from under her at the third or fourth step from the top whereupon she fell and then slid down to the bottom of the staircase. 15. The aforesaid incident occurred as a result of the careless and negligent conduct of the Defendant Carey Associates, Inc, acting through its officers, agents and/or employees as follows: a, In failing to remove a foreign substance from the staircase in a timely and reasonable manner; b. In failing to make the steps safe for use in inclement weather in that they were bare wood without any carpet or other anti skid material or substance upon them; c, In failing to adhere to local, state and national building codes with respect to stairwell construction including but not limited to the failure to erect or install handrails, banisters or other similar device adjacent to the stairs so that a person could catch themselves should they lose their footing; d, Failure to reasonably inspect the staircase to ascertain whether or not it was in a dangerous condition on the date that Plaintiff walked upon it; and e. Such other reasons that may become apparent during the course of discovery. 16, As a result of the aforesaid collision, Plaintiff, Tammy Meyer, has suffered serious and permanent injuries, including but not limited to the following: (a) Internal Derangement and injury to the left knee; (b) Abrasion of the left thumb; (c) Contusions and abrasions, 17. As a direct and proximate result of the aforesaid injuries, Plaintiff, Tammy Meyer, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, Tammy Meyer, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, Tammy Meyer, has and/or may in the future incur a loss of earning capacity for which damages are claimed, 20. As a further result of the aforesaid injuries, Plaintiff, Tammy Meyer, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 21, As a further result of this incident, Plaintiff Tammy Meyer has incurred liability for medical treatment, medicine, and similar miscellaneous expenses in an effort to restore herself to health for which damages are claimed. 22. As a further result of this incident, Plaintiff Tammy Meyer has and/or in the future may incur miscellaneous expenses such as mileage to and from doctors, hospitals and other health care providers for which damages are claimed. WHEREFORE, Plaintiffs Tammy Meyer and Thomas Meyer, her husband, demand judgment against Carey Associates, Inc. for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II THOMAS MEYER V. CAREY ASSOCIATES, INC. LOSS OF CONSORTIUM 23, Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full, 24. As a further result of injuries sustained by his wife, Plaintiff, Thomas Meyer, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff Thomas Meyer demands judgment against Carey Associates, Inc. for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Dated: 3-r-01 VERIFICA rlON I~""'f JVI<<t..tL , hereby acknowledge that I am a Plaintiff in this action and that I have read the f ~"t'"' and that the facts stated herein are true and correct to the best of my knowledge. information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating-to unsworn falsification to authorities. Date: 3-lo- 6,-\, .- . . --- - . lHO........aaa ,. ">>lUIlf. IoU 1120 LIItCI.a'f'DW lOAD . '.0. ~ 'OSd . IlAUrnc.'G. 'A un'.OSH (117) JH.'''.. . rA:!. ,1'11) "....:12 Jr:.-;" ,.:: ":01'1101::::: 7V () ~ \l t ~ _ V't -..t::. i: () \;> v... -J ~~r ~g ~~ ~.~ ~~ 8 .':, "',,, .'-,'.. ~~~ ~C. CI) " ;1 ( _~ n .. ,\ L.) SHERIFF'S RETURN - REGULAR CASE NO: 2004-01061 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEYER TAMMY ET AL VS CAREY ASSOCIATES INC KENNETH GaSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAREY ASSOCIATES INC the DEFENDANT , at 1950:00 HOURS, on the 16th day of March 2004 at 542 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to DEE CAREY, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.73 .00 10.00 .00 39.73 So Answers: r~~ R. Thomas Kline 03/17/2004 SHOLLENBERGER & JANUZZI Sworn and Subscribed to before By: De utyU~ me this .{d~ day of ~ Cl?v'f A,D. (l. C; ~ Ak1;: ~thonotary' r' Johnson, Duffie, Stewart & Weidner By: Jefferson J, Shipman, Esquire LD. No. 51785 30 I Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Defendant TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs v, CAREY ASSOCIATES, INC., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1061 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant, Carey Associates, Inc., in the above-captioned matter. DATE: 1"~~f :228303 227503-1 Johnson, Duffie, Stewart & Weidner . By ~~''1l.~ Jeff son J. Shipman, E qUire I.D. : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVlCE a. AND NOW, this ~ day of April, 2004, the undersignE9d does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Timothy Shollenberger, Esquire Shollenberger and Januzzi, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-3700 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER r<.II""',,-,, Je erson J, Shipman, Esquire 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant B. :227710.1 227710-1 - 0 ,..., ~ = c = ;o- J:" -Oi:0 ;]I: ~:!J ni' V' 0;;-:c, -<: ..- -rim I ~3~ U1 ~~;, -0 ~~ :J:. ~m ':P c: ~ ~ ~ .;:- ~ Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire LD. No. 51785 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs v, CAREY ASSOCIATES, INC" Defendant Attornevs for Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1061 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Plaintiff and her attorney: NOTICE TO PLEAD YOU ARE HEREBY notified to plead to the within New MattE~r of Defendant within twenty (20) days of service hereof. DATE: S/~S- /t!)~ I I JOHNSON, DUFFIE, STEWART & WEIDNER ...~4~M'.'t.. e erson J, Shipman, 'Esquire Attorney I.D. 51785 301 Mark:et Street P,O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant By: Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire LD, No. 51785 30 I Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMElERLAND COUNTY, PENNSYLVANIA NO. 2004-1061 CIVIL TERM v. CAREY ASSOCIATES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT. CAREY ASSOCIATES. INC. AND NOW, come the Defendants, Carey Associates, Inc., by and through its counsel, Johnson, Duffie, Stewart & Weidner, P.C" and files the following Answer and New Matter. COUNT' TAMMY MEYER v. CAREY ASSOCIATES. INC. 1, Admitted upon information and belief. 2. Admitted upon information and belief. 3. Denied. After reasonable investigation Carey Associaltes, Inc. is without sufficient knowledge or information sufficient to form a belief as to the truths of the averments contained in Paragraph 3 and the same are therefore denied and strict proof demanded at the time of trial. 4. Admitted, 5. Admitted. 6, Admitted. 7. Admitted. 8. Denied as stated. It is specifically denied that in order to drop off her tax papers, the Plaintiff was required to ascend a flight of wooden stairs to the second floor. It is also specifically denied that Ms. Meyer was escorted to the second floor by an employee of the Defendant. 9. Admitted upon information and belief. 10, Admitted in part. Denied in part. It is admitted only that there was a small amount of snow melt material on the steps. It is specifically denied however that the stairs are steep and were covered with a white material. 11. Admitted in part, Denied in part. It is admitted onlly that one of the Defendant's employees fell previously. The remaining averments of Paragraph 11 are deniEld as stated, 12. Admitted. 13. Denied, To the contrary, there is a handrail/banister on both sides of the interior staircase. 14. Denied. After reasonable investigation Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments c,ontained in Paragraph 14 relating to the manner in which Plaintiff allegedly fell. However, it is believed and therefore averred that Plaintiff fell near the bottom of the staircase, not the top. 15. Denied. The averments contained in Paragraph 15 in SUbparagraphs (a) through (e) are conclusions of and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Carey Associates, Inc. was negligent in allegedly failing to remove a foreign substance from the staircase in a timely and reasonable manner, (b) Denied. It is specifically denied that Carey Associates, Inc, failed to make the steps safe for use in inclimate weather in that they were wood without carpeting or other antiskid material or substance upon them; (c) Denied. It is specifically denied that Carey Associates, Inc. failed to adhere to local, state and national building codes with respect to the stairweill construction including, but not limited to, the alleged failure to erect or install handrails, banisters, or other similar devices adjacent to the stairs so that a person could catch themselves should they I,ose their footing. In the contrary, there were handrails/banisters on both sides of the interior staircasEl; (d) Denied, It is specifically denied that Carey Associates, Inc. was negligent in alleging failing to reasonably inspect the staircase in order to ascertain whether it not it was in a dangerous condition on the date that the Plaintiff walked upon it; and (e) Denied. It is specifically denied that Carey Associates, Inc. was negligent in any manner with respect to Plaintiff's alleged cause of action. 16. Denied. After reasonable investigation, Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof is demanded at the time of trial. 17. Denied. After reasonable investigation, Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17 relating to Plaintiff's alleged pain and suffering and the same are therefore denied and strict proof is demanded at the time of trial. 18. Denied. After reasonable investigation, Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18 relating to Plaintiff's alleged loss of earnings and the same are therefore denied and strict proof is demanded at the time of trial. 19. Denied. After reasonable investigation, Carey Assodates, Inc, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 relating to Plaintiff's alleged loss of earning capacity and the same are therefore denied and strict proof is demanded at the time of trial. 20. Denied, After reasonable investigation, Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20 and the same are therefore denied and strict proof is demanded at the time of trial. 21. Denied, After reasonable investigation, Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 21 and the same are therefore denied and strict proof is demanded at the time of trial. 22. Denied. After reasonable investigation, Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Carey Associates, Inc., n3spectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with pl"ejudice. COUNT II THOMAS MEYER v CAREY ASSOCIATES. INC. LOSS OF CONSORTIU~~ 23. The answering Defendant incorporates herein by reference the answers to Paragraphs 1 through 22 above as though fully set forth herein at length. 24. Denied. After reasonable investigation, Carey Associates, Inc. is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 24 relating to the alleged loss of consortium and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Carey Associates, Inc., respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 25. The Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act and/or the Doctrine of Comparative Negligence. 26. That the Plaintiff's negligence was a proximate cause of the accident and any injuries alleged. 27. That the Plaintiffs negligence consisted of the following: (a) Descending the staircase in a hurried or otherwise inappropriate manner; (b) Descending the staircase without watching wh,ere she was stepping; (c) Descending the staircase without holding onto available handrails/banisters; (d) Failing to watch where she was stepping; (e) Failing to wear suitable footwear for the conditions; and (f) Failing to adhere to warnings. 28. That the Plaintiff may have assumed the risk of her injuries. 29. That if it should be found that if there was any negli~gence on the part of Defendant Carey Associates, Inc., which negligence is specifically denied, any such ne'gligence was not a proximate cause of any injuries or damages to the Plaintiff. WHEREFORE, the Defendant, Carey Associates, Inc., respectfully requests that jUdgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, N, DUFFIE, STEWART & WEIDNER ~.k<<"'" '-i. rson J. Shi man, Esquire ttorney I.D. N'J. 51785 301 Market Stn3et P.O. Box 109 Lemoyne, PA '17043-0109 Telephone (717) 761-4540 Attorneys for Dl3fendant, Carey Associates, Inc. :228717 VERIFICATION I, ~\A>-l H. (IN<"" , hereby acknowledge that' am a Defendant in this action, and I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsir . authorities. ~ DATE: 5/2d 61.( c:. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania on ~/:J.S/o'l : Timothy A. Shollenberger, Esquire 1820 Unglestown Road P.O. Box 60545 Harrisburg, PA 17110 Attorney for Plaintiffs N, DUFFIE, STEWART & WEIDNER jQ,~' ~~<..../ Je rson J. sflipman, Esquire Attorney I.D. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant ~ n ~.' ~:;,:i -< r-> = ..:-;,.;;) ...- o -n ::2 fn:!J :g~ q(~ I~' ,-)- ~7( om _.~ ;J;j ::<: ::r.:: );:::'" -< r-,) a> """" :.1:':: r:-? <::> w SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-10El1 CIVIL TERM CAREY ASSOCIATES, INC., Defendant CIVIL ACTION - LAW JURYTR~LDEMANDED AND NOW comes the Plaintiffs, TAMMY MEYER and THOMAS MEYER, by and through their attorneys, SHOLLENBERGER and JANUZZI, LLP, and respectfully reply to the New Matter of Defendant Carey Associates, Inc., as follows: 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 26. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 27. Said averment is denied pursuant to Pa. RCP. 1029(e). By way of further answer: (a) Plaintiff did not descend the staircase in a hurry or otherwise inappropriate manner; (b) Plaintiff was watching where she was stepping when she descended the staircase; (c) Did not fail to utilize or hold onto available handrails/banisters; (d) Did not fail to watch where she was stepping; (e) Was wearing suitable footwear for the conditions then existing; and (f) Was given no warnings prior to desce'nding the staircase. 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 29. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. RC.P. 1029(e). 31. WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed and judgment be entered in favor of the Plaintiffs as a matter of law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plail1~t;ff _ By: ~ T y A. Shollenber r, E q. ttorney 1.0. #34343 1820 Unglestown Road P. O. Box 60545 Harrisburg, PA 17106-0545 (717) 234-3700 (717) 234-8212 (fax) VERIFICATION I Tammy Meyer , , hereby acknowledge that I am a Plaintiff in this Reply to New Matter action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made sUbject to penalties of 18 Pa-. C,S, Section 4904, relating to unSWOrn falsificatiol1 to authorities. ~ Date: 5/27/04 IHOLLllllIIGD. , JAMUlZr, LLI 1120 LIlCLCSTC/IfIf lOAD . '.0. lOX USU . JlAUrn",'W:l.'1o U1O'.OSU 17171 'J4.J700 . 'AX .711', U....::12 Ir.'.h" ..__ .......,.....~...... SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P,O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-106'1 CIVIL TERM CAREY ASSOCIATES, INC" Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW thisUday of May, 2004, I hereby certify that a copy of the foregoing Reply to New Matter of Defendant Carey Associates has been served upon the following via U,S. mail, postage prepaid: Jefferson J, Shipman Johnson, Duffie, Stewart & Weidner 301 Market Street P,O, Box 109 Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attomeys 'PI~~ BY' T mot y A. hollle erger, Esq, Attorney I.D. #34343 1820 Linglestown Road P. O. Box 6054~i Harrisburg, PA 17106-0545 (717) 234-3700 (717) 234-8212 (fax) <! (.'~ ' _r r .~ ~~, ,::.;-C) 'j..:;,r? ~ ~ '> c- ~'i'; "D ". q}p' ~ '" = = -- o -n '-j :r:_ rn_',r ,- -ern :00 C) i :;:If-=> ""- -r" o~ r~f,1 ::;r :t".. -< N CO ...,., .:?;: .c- .. ..Q '" TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1061 CIVIL TERM CIVIL ACTION - LAW v. CAREY ASSOCIATES, INC., Defendant JURY TRIAL DEMANDED IT IS HEREBY stipulated and agreed by and between Timothy A. Shollenberger, Esquire, counsel for STIPULATION OF COUNSEL Plaintiffs, and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraph (e) of Paragraph 15 only is hereby stricken and deleted from the Plaintiffs' Complaint. By Timothy A. hollen er, Es uire 1820 Unglestown Road P.O. Box 60545 Harrisburg, PA 17110 Attorneys for Plaintiffs DATE: f'tJa~ (1, 1,00 t..f JOHNSON, DUFFIE, STEWART & WEIDNER . ~~~;o il1(o1 rson J, Shipman, squire 01 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defl3ndant 227503-1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following by depositing the same in the United States Mail, postage prepaid on June 7,2004:: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi 1820 Linglestown Road P.O, Box 60545 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & W R B e rson.1. Shipm n, Esquire Attorney 1.0, No,: 51785 301 Market Street P.O, Box '109 Lemoyne, PA 17043-0109 Attorneys for Carey Associates Telephone: (717) 761-4540 " ': .:-'"" ~:.-~ -< r,) N ...., (.~ c:::::. -e- c_ o -q .-; :r nl:TJ r- 2J2:J '::-:(":, ,:.~:D 'c-C"> ~~"")r'fl I CO .:t:... -.,," _J..J' PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE ProrHONJTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Tanmy Meyer and Thanas Meyer. her husband. Plaintiffs (check one) ( X) Civil Action - Law Appeal from Arbitration (other) (Plaintiff) vs. Carey Associates. Inc. The trial lis t will be called on and ALlO/LJst 23, 2005 Trials corrmence on Septerber 19, 2005 (Defendant) Pretrials will be held on August 31 2005 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide fortrMith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 10li1 Civil .L,,,,, 20 -OLl Indicate the attorney who will try case for the p<lrty who files this praecipe: Timothy A. Shollenberger, Esq., 2225 Mi , lennium Way, Enola, PA 17025 (717) 728-3200 Indicate trial counsel for other parties if known:Jefferson J. Shipnan, Esq. , Johnson, Duffie, Stewart & Weidner, 301 Market St., P.O. Box 109, Lemoyne, PA 17043 Attorney for Defendant This case is ready for trial. Signed: if Print Date: .:J..J~~ I OS Attorney for: B "'> c) ~ C) 01 c. , f:::"-: N 0.:) -- -",.. ..,.,.-...: -~ , -" u: TAMMY MEYER AND THOMAS MEYER, HER HUSBAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v CAREY ASSOCIATES, INC., Defendant 04-1061 CIVIL TERM IN RE: CASE STRICKEN FROM CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 23rd day of August, 2005, upon call of the civil trial list, and upon representation of Wade D. Manley, Esquire, counsel for Defendant, that this matter has been settled, the case is stricken from the trial list. By tr:e Court, Timothy A. Shollenberger, Esquire 2225 Millinium Way Enola, PA 17025 For Plaintiffs Wade D. Manley, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Defendant AAyJ..W '1, .30()! nYl ".1uf...- (' +. Court Administrator :mae "~:/'.j():J OS :01 i!V Of: :)[11 SUllZ AbVJ.Uil.>;LC"d 3Hl j() 3~';:!:~:(}{Bl\:l ,," " ",- SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 04-1061 CIVIL TERM CAREY ASSOCIATES, INC" Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 21st day of SEPTEMBER, 2005, I hereby certify that I have served the following Praecipe to End, Settle and Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: JERFFERSON J. SHIPMAN JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O, BOX 109 LEMOYNE, PA 17043 Respectfully submitted, :::~R Timothy A. Shollenberger, Esq, Attorney I.D, #34343 Dated: 9/21/2005 Q ~~~ orl:~' \:;~ d~\:\ ~;:"'" tf;: ':' C'~'. ~f\.:. .1"- ~_! ...--. ~~ ......c r:?, l:';-;,C) ';:J' '.!A '..:0 ~ --0 -;$ Q. -;j..-(\ ~~- "b --o\:? -:9) '>-') ~~r~;~~ ',::\;-\0.(\ :y '::;c\ '"0 ::4 \"';'? ~ - SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff TAMMY MEYER and THOMAS MEYER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 04-1061 CIVIL TERM CAREY ASSOCIATES, INC, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please mark the above-captioned action ended, settled and discontinued. Respectfully submitted, By: Timothy A. Shollenberger, Esq, Attorney I.D. #34343 Dated: 9/21/2005 () ~; '::;... 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