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HomeMy WebLinkAbout09-5298SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire I.D. No. 64316 Darryl J. Liguori, Esquire I.D. No. 91715 Attorneys for Plaintiff ANGELA CASTILLO and ERNEST, CASTILLO, Plaintiffs, V. MONA I. COMMINS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.?' Sa9 G : CIVIL ACTION - LAW PRAECIPE TO ENTER AND INDEX LIS PENDENS TO THE PROTHONOTARY AND RECORDER OF DEEDS: Please enter and index the above-captioned case as a Lis Pendens against the property and premises located in the Township of Hampden, County of Cumberland and State of Pennsylvania, recorded in Plan Book 122, page 753, Parcel Identification No.: 10-19-1596-140, with a legal description as follows: BEGINNING at a point which is located at the intersection of the southerly line of Briarwood Lane, a 50 foot right-of-way, and the westerly line of Dogwood Court, also a 50 foot right-of-way, which is set forth in the Plan of Lots known as Countryside, Section A; thence from said point of beginning along the westerly line of Dogwood Court, South 15 degrees 23 minutes East 85.00 feet to a point on the dividing line between Lots Nos. 50 and 51 on the aforesaid Plan of Lots; thence from said point along the dividing line between Lots Nos. 50 and 51 South 74 degrees 37 minutes West 118.00 feet to a point on the dividing line between Lots Nos. 51 and 52; thence from said point along the dividing line between Lots No. 51 and 52 North 15 degrees 23 minutes West 91.94 feet to a point on the southerly line of Briarwood Lane; thence from said point along the southerly line of Briarwood Lane North 77 degrees 59 minutes East 118.20 feet to a point, the point and place of BEGINNING. BEING Lot No. 51 on the Plan of Lots known as Countryside, Section A. prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book 25, Page 6. HAVING thereon erected a dwelling house being known and numbered as 830 Briarwood Lane. R LED-0- F,; OF 31'= -P''i,-Ti.?r)*'?L'O 'A,PY 2D09 JUL 3 { 6: 39 r• /?4, 00 per, ANGELA CASTILLO and ERNEST, IN THE COURT OF COMMON PLEAS CASTILLO, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. :No. MONA I. COMMINS, CIVIL ACTION - LAW Defendant. 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 ANGELA CASTILLO and ERNEST, CASTILLO, Plaintiffs, V. MONA I. COMMINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire I.D. No. 64316 Jessica E. Mercy, Esquire I.D. No. 206405 Attorneys for Plaintiffs ANGELA CASTILLO and ERNEST, CASTILLO, Plaintiffs, V. MONA I. COMMINS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. MJ 5?-7 C-" CIVIL ACTION - LAW COMPLAINT AND NOW COMES, Plaintiffs Angela Castillo ("Mrs. Castillo") and Ernest Castillo ("Mr. Castillo") (collectively "Plaintiffs"), by and through their attorneys, Smigel, Anderson & Sacks, LLP, who file the within Complaint by averring as follows: A. Parties 1. Plaintiffs are adult individuals residing at 514 Gale Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Mona I. Commins ("Defendant"), is an adult individual residing at 830 Briarwood Lane, Camp Hill, Cumberland County, Pennsylvania. B. Jurisdiction and Venue 3. This Honorable Court has jurisdiction over the parties and subject matter of this case. 4. Venue is proper in Cumberland County, Pennsylvania pursuant to Pennsylvania Rule of Civil Procedure 1006, as it is the county in which the cause of action arose. C. Factual BackEround 5. At all times relevant hereto, Defendant was in the exclusive custody, possession, and control of the premises located at 830 Briarwood Lane, Camp Hill, Cumberland County, Pennsylvania ("the Premises") 6. On February 3, 2009, Mrs. Castillo went to visit her son and her newly born grandchild, who at the time lived at 832 Briarwood Lane, the house located directly next to the Premises. 7. When she arrived in her son's neighborhood, Mrs. Castillo parked her vehicle in front of the Premises, exited her vehicle on foot and lawfully and carefully proceeded onto the sidewalk located on the Premises. 8. While attempting to traverse the sidewalk on the Premises, Mrs. Castillo tripped on the sidewalk that had been upraised by tree roots and slipped on the ice that was permitted to remain on the sidewalk. COUNTI NeEliunce Angela Castillo v. Mona I. Commins 9. Plaintiffs hereby incorporate by reference paragraphs 1 through 8 of the within Complaint as it fully set forth herein. 10. It was the duty of Defendant to keep and maintain the Premises, including the sidewalk located on the Premises, in a reasonably safe condition for those persons lawfully thereon. 11. Notwithstanding her duty, Defendant did, at the aforementioned date and time and for some time prior thereto, carelessly, recklessly, and negligently allow and permit to remain on the Premises a dangerous and defective condition, to wit: the sidewalk on the Premises was left 2 in an upraised and ice covered condition, causing the sidewalk to be slippery and dangerous to traverse. 12. As she was proceeding upon the Premises as aforesaid, Mrs. Castillo was caused to slip and fall by reason of the dangerous and defective condition existing on the sidewalk located on the Premises, with the result that Mrs. Castillo suffered severe and serious injuries and damages as set forth, infra. 13. At the time of the incident, and for some time prior thereto, Defendant did or should have had both notice and knowledge of the aforesaid dangerous condition and that people lawfully passing by the Premises would be caused to attempt to traverse said dangerous condition, yet Defendant did allow and permit the dangerous condition to be and remain on the Premises. 14. The injuries and damages, as set forth infra, were caused solely by and were the direct result of the negligence of Defendant in any or all of the following respects: a. In failing to keep the Premises in a safe conditions for persons lawfully using the same; b. In permitting the dangerous condition to be and remain on the Premises when Defendant knew, or in the exercise of reasonable care, should have known of the danger involved; C. In failing to warn Mrs. Castillo of the dangerous condition created by the hazard described supra; d. In failing to remove or otherwise correct the dangerous condition of which Defendant knew or, in the exercise of reasonable care, should have known; 3 e. In permitting persons, Mrs. Castillo in particular, to traverse the Premises when Defendant knew or, in the exercise of reasonable care, should have known that it was dangerous to do so and involved an unreasonable risk of harm to the person doing so; f. In failing to notify or warn persons, Mrs. Castillo in particular, of the dangerous condition so that the hazard involved could be avoided; g. In maintaining the Premises in such a manner as to constitute a danger to persons, Mrs. Castillo in particular, lawfully thereon; h. In failing to provide persons lawfully using the Premises, Mrs. Castillo in particular, with a safe area to traverse said Premises; and/or i. In failing to exercise the degree of care and regard for the rights and safety of persons lawfully on the Premises, such as Mrs. Castillo, as was required under the circumstances. 15. Solely as a result of Defendant's negligence as described supra, Mrs. Castillo sustained the following injuries, all of which are or may be of a permanent nature: a. A displaced Colles' fracture in her left wrist, which required an open reduction internal fixation surgery with the insertion of Hand Innovations locking plate and screws to stabilize the wrist after the fracture; b. Lack of flexibility in the left wrist; C. Decreased strength in the left wrist; d. Decreased mobility in the left wrist; e. Scarring; f. Deformity; g. Swelling; 4 h. Soreness; i. Stiffness; and j. Other severe and serious injuries. 16. As a result of her injuries, Mrs. Castillo has incurred the following damages: a. Damages for medical expenses and future medical expenses incurred, or which will be incurred, as a result of the injuries sustained in the slip and fall described supra; b. Out-of-pocket expenses; C. Pain, suffering, inconvenience and a loss of life's pleasures; d. Embarrassment and mental anguish; e. Loss of restful sleep, mobility, fatigue, and an impairment of general health, strength and vitality; and f. Loss of the use of and mobility in her left wrist. WHEREFORE, Plaintiffs Angela and Ernest Castillo respectfully request that this Honorable Court enter judgment in their favor and against Defendant Mona I. Commins in an amount in excess of this County's mandatory arbitration requirement, plus the costs of this action, attorneys' fees, and any such other relief that this Honorable Court may deem reasonable, just and proper. COUNT II Loss of Consortium Ernest Castillo v. Mona I. Commins 17. Plaintiffs hereby incorporate by reference paragraphs 1 through 16 of the within Complaint as it fully set forth herein. 5 18. As a result of the injuries described supra, Mr. Castillo has sustained a loss of consortium and has been and may in the future be deprived of the care, companionship, and society of his wife, Mrs. Castillo, all of which have been to his great detriment. WHEREFORE, Plaintiffs Angela and Ernest Castillo respectfully request that this Honorable Court enter judgment in their favor and against Defendant Mona I. Commins in an amount in excess of this County's mandatory arbitration requirement, plus the costs of this action, attorneys' fees, and any such other relief that this Honorable Court may deem reasonable, just and proper. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: B : 4-$/ Peter M. Good, squ re I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs 6 VERIFICATION I, Angela Castillo, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: la asti o T2E Oul Sheriffs Office of Cumberland County R Thomas Kline Sher Ronny R Anderson ~°'~~;~~ of ~~~,at,,,rt~ry~ Chief Deputy C> "~ `rt . ~ ~ + Jody S Smith r r ; ~ ~~~ `~~' ~ •k Civil Process Sergeant orr{cE of "~~ >y~r~i~~ Edward L Schorpp Solicitor FILE ,_., ~;u Ir;~"; . ~ ~~ I ~ T ~n Angela Castillo vs. Mona I. Commins SHERIFF'S RETURN OF SERVICE Case Number 2009-5298 08/10/2009 06:47 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2009 at 1847 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mona I. Commins, by making known unto herself personally, defendant at 830 Briarwood Lane Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.94 SO ANS R August 11, 2009 R THOMAS KLINE, SHERIFF ~~~ ~ ~~ Deputy Sheriff STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko _margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ANGELA CASTILLO AND DOCKET NO. 09-5298 ERNEST CASTILLO, Plaintiffs CI~l!L ACTION - LP.V'~! v. MONA I. COMMINS, JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Mona I. Commins, in the above-captioned matter. IS EDELSTEIN 1 ~ ~~ Date: ~~, By: STE~HEN L. BANKO, JR. Attor ey for Defendant i CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, r.. Pennsylvania, first-class postage prepaid, on the ~~day of ' ~,)t' ~.'' ~~ ~ , 2009, and addressed as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 North Front Street, 3~d Floor Harrisburg, PA 17110-1778 (Counsel for Plaintiffs) Angela . Gayman, cretary FlIFC~3~r~~ QL ~r ~'^;~;~~ ~~'l~f?~A,FY 20x9 AtlG 17 PM 3~ 49 ~7ri ~`t~J~S~„V~f~~i:f~ SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717)234-2401 Peter M. Good, Esquire I.D. No. 64316 Darryl J. Liguori, Esquire I.D. No. 91715 Attorneys for Plaintiff ANGELA CASTILLO and ERNEST, CASTILLO, Plaintiffs, v. MONA I. COMMINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5298 CIVIL ACTION -LAW PRAECIPE TO WITHDRAW LIS PENDENS TO THE PROTHONOTARY: Please mark as withdrawn the lis pendens entered in the above-captioned matter. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: ~ n~ 6 By: G eter M. Good, Esquire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center 4431 North Front Street Hamsburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a copy of the Praecipe to Withdraw Lis Pendens was served upon the following, by depositing a true and correct copy in the first-class mail, postage prepaid in an envelope addressed as follows: Stephen L. Banko, Esquire Margolis Edelstein Harrisburg Office 310 Trindle Road Camp Hill, PA 17011 Date: 9~aY~f SMIGEL, DERSON & SACKS, LLP By: Peter M. Go ,Esquire I.D. #64316 River Chase Office Center, 3rd Flr. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney fo~° Plaintiffs i li~ Li ~ Z~u~ S':~t' 28 Sri .~' 2 :- r"~r ~~ v,: .. ".1~~ S I ~8. co 'P~ A'r'N C~~' ~.5~03 ~' aar i sy f SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center I.D. No. 64316 4431 North Front Street, 3rd Floor Jessica E. Mercy, Esquire Harrisburg, PA 17110-1778 I.D. No. 206405 (717) 234-2401 Attorneys for Plaintiffs ANGELA CASTILLO and ERNEST, IN THE COURT OF COMMON PLEAS CASTILLO, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, No. 09-5298 V. CIVIL ACTION - LAW MONA I. COMMINS, Defendant. JURY TRIAL DEMANDED o C7 a -r' PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this action settled, dismissed, and discontinued with prejudice. o iy \ W Date: January 4, 2011 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. By: Peter M. Goo , Esquire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs ANGELA CASTILLO and ERNEST, CASTILLO, Plaintiffs, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-5298 CIVIL ACTION - LAW MONA I. COMMINS, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiffs in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing Praecipe to Discontinue upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Stephen L. Banko, Jr., Esquire Margolis Edelstein Harrisburg Office 3510 Trindle Road Camp Hill, PA 17011 SMIGEL, ANDERSON & SACKS, L.L.P. Date: January 4, 2011 By: /A ki Peter M. Good, Es ire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs