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Home My WebLink About09-8340r BRUCE HOROWITZ and IN THE COURT OF COMMON PLEAS CHONG HOROWITZ, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2009- f3'1U CIVIL TERM V. CIVIL ACTION-LAW JOHN L. LARSON, Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-referenced case on behalf of the Plaintiffs, Bruce Horowitz and Chong Horowitz, to the Defendant, John L. Larson. O'BRIEN, BARIC & SCHERER Date: /-Z- 13 I (91 Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Please return the writ to Michael A. Scherer, Esquire for service. _ FILE 0-1-1 "riL'c _ 2009 DEC -3 AM 1 I : 12 CLi l...jci t?.I,' l ir'., /,/?- ?? Ay??K ewle Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS BRUCE HOROWITZ and CHONG HOROWITZ Plaintiff Vs. JOHN L. LARSON Defendant Court of Common Pleas No 09-8340 In CivilAction-Law To JOHN L. LARSON, You are hereby notified that BRUCE HOROWITZ AND CHONG HOROWITZ the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date 12/3/09 Attorney: MICHEAL A. SCHERER, ESQ. Name: Address: 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No. 61974 Curtis R. Long, Prothonotary By 44e-retyy BRUCE HOROWITZ and CHONG HOROWITZ, Plaintiffs v. JOHN L. CARSON, Defendant TO THE PROTHONOTARY: Date: January 21, 2010 Please reissue the Writ of Summons issued in the above-captioned matter. Respectfully submitted, O'BRIEN, BARK & SCHERER IN THE COURT OF COMMON PLEAOF,,,, CUMBERLAND COUNTY, PENNSYC_,:AN~ NO. 2009-8340 CIVIL TERM :~-,~ ~~~ '_" ~ - , t`. -~ '.' . _ _ __ -, c_., . ~ =; ~,+ .~lJ c~ PRAECIPE TO REISSUE Mi a A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 FiLEt?--,~,,.:~%.~ . ,~ ~~~~ ~~~ c~.~ 1 ~ v~ ~~+ fr _ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRUCE and CHONG HOROWITZ, Plaintiffs, NO. 09-8340 v. PRAECIPE FOR RULE TO FILE COMPLAINT JOHN L. CARSON, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17571 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE and CHONG HOROWITZ, Plaintiffs, CIVIL DIVISION NO. 09-8340 v. JOHN L. CARSON, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs. Bruce and Chong Horowitz, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, ~DONNELL, HUDOCK, GUTHRIE ~ KEEL, P.C. By: Ke~jn l°l. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE and CHONG HOROWITZ, Plaintiffs, CIVIL DIVISION NO. 09-8340 v. (Jury Trial Demanded) JOHN L. CARSON, Defendant. RULE AND NOW, this ,~(vtti ,day of -~ebruax~.l 2010 ,upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this o2(n~' day of ~eebrucu` y , 20~_. Prothonotar CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 25th day of February. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE &/~KEEL, P.C. By: Kevlfl'D. Rauch, Esquire Counsel for Defendants BRUCE HOROWITZ and CHONG HOROWITZ, Plaintiffs v. JOHN J. CARSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2009-8340 CIVIL TERM CIVIL ACT10N-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 an 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 OR CANNOT AFFORD ONE, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 C7 ^a ~.> ~- ~::~ :~ ,~ ~ ? ~ j" ._ - v ~~ '-" c~ ~ - .. ._.i. ~ L=~ ~...7 w ~„•~ ~~ , ~, BRUCE HOROWITZ and CHONG HOROWITZ, Plaintiffs v. JOHN J. CARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-8340 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Bruce Horowitz and Chong Horowitz, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs, Bruce Horowitz and Chong Horowitz are citizens of the Commonwealth of Pennsylvania, husband and wife, adult individuals who reside in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, John J. Larson, is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 157 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter took place on or about February 13, 2008 at approximately 8:47 p.m. at 157 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, Chong Horowitz was walking on the sidewalk in front of the residence at 157 South Pitt Street, Carlisle, Cumberland County, Pennsylvania (hereinafter "property"), which property is owned by the defendant. 5. At the aforesaid time and place, Plaintiff Chong Horowitz slipped on ice on the sidewalk in front of the residence on the property. 6. Plaintiff s fa11 and all of the injuries set forth herein sustained by Plaintiff, Chong Horowitz, are the direct and proximate result of the negligence of the Defendant Larson, in that he: A. failed to keep the sidewalk on his property free from the accumulation of ice; B. failed to remove ice which had accumulated on the sidewalk on his property; C. failed to apply an anti-skid material to the ice to allow safe travel across the sidewalk where the ice was located D. failed to apply an ice-melt material to melt the ice on his sidewalk; E. failed to illuminate the area where the ice was located to alert the walking public to the presence of the ice; and, E. failed to otherwise warn the walking public of the presence of the ice on his sidwalk. 7. Defendant allowed ice to accumulate on the sidewalk in front of his residence in elevations of such size and character as to unreasonably obstruct travel such that the ice constituted a danger to pedestrians. COUNTI CHONG HOROWITZ V. JOHN J. CARSON 8. Paragraphs one through seven are incorporated herein by reference as though set forth at length. 9. Plaintiff, Chong Horowitz sustained painful and severe injuries as a result of the fall, which include but are not limited to, a left wrist fracture. 10. As a result of the aforesaid injuries sustained by Plaintiff Chong Horowitz, she was forced to undergo surgery to insert a plate and screws in her left forearm. 11. As a result of the aforesaid injuries sustained by Plaintiff Chong Horowitz, she participated in medical treatment, physical therapy, took medications, and incurred miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 12. Because of the nature of her injuries, Plaintiff Chong Horowitz has been advised and, therefore, avers that she will be forced to incur similar expenses in the future, and claim is made therefore. 13. As a result of the aforementioned injuries, Plaintiff, Chong Horowitz has undergone and will continue to undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 14. As a result of the aforementioned injuries, Plaintiff, Chong Horowitz has been and in the future may be subject to humiliation and embarrassment, and claim is made therefore. 15. Plaintiff Chong Horowitz continues to be plagued by persistent pain and limitation and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 16. The injuries sustained by Plaintiff Chong Horowitz as a result of the fall make it difficult for her to work and as such she may suffer a diminution in earnings. COUNT II BRUCE HOROWITZ v. JOHN J. CARSON 17. Paragraphs one through sixteen are incorporated herein by reference as though set forth at length. 18. Bruce Horowitz is married to Chong Horowitz and the parties were married on the date of the fall as described herein. 19. As a result of the aforesaid injuries sustained by Chong Horowitz, Bruce Horowitz has been and may in the future may be deprived of the care, companionship, consortium and society of his wife, all of which will be to his detriment, and claim is made therefore. WHEREFORE, Plaintiffs, Bruce Horowitz and Chong Horowitz against Defendant, John J. Larson in an amount in excess of $50,000.00, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, BARK SCHERER Mi ael A. cherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/personalinjury/horowitz/complaint.pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements are not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Q3 l4 lr7 ~~~- Bruce Horowitz Chong Horowitz CERTIFICATE OF SERVICE I hereby certify that on March 11, 2010, I, Jennifer S. Lindsay, secretary at Baric Scherer, did serve a copy of a Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, Pennsylvania 17050 e ni a S. Lind y BRUCE HOROWITZ and IN THE COURT OF COMMON PLEAS CHONG HOROWITZ, OF CUMBERLAND COUNTY, PENNSYLVRNIA-2 Plaintiffs U:r W NO. 2009-8340 CIVIL TERM M Im V. N CIVIL ACTION-LAW CD JOHN L. LARSON, Defendant PLAINTIFFS BRUCE HOROWITZ AND CHONG HOROWITZ MOTION FOR STATUS CONFERENCE AND NOW, come the Plaintiffs, Bruce Horowitz and Chong Horowitz, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs are represented in this personal injury action by Michael A. Scherer, Esquire. 2. Defendant, John Larson is represented by Rebecca Marrocco, Esquire. 3. Discovery is not complete in this matter. 4. No judge has been assigned to this case or taken prior action on it. 5. Attorney Marrocco concurs with undersigned counsel's filing of this motion. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court schedule a status conference in this case to set a discovery and trial schedule in this matter. Respectfully submitted, BARIC SCU17RER LLC N#ctfael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 104 CERTIFICATE OF SERVICE I hereby certify that on July Ab 2013, 1, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of Plaintiffs Bruce Horowitz and Chong Horwitzs Motion for Status Conference, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Rebecca Marrocco, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, Pennsylvania 17050 I nnife' Li d� BRUCE HOROWITZ and IN THE COURT OF COMMON PLEAS CHONG HOROWITZ, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2009-8340 CIVIL TERM V. CIVIL ACTION-LAW JOHN L. LARSON, Defendant ORDER OF COURT AND NOW, this &6t day of E , 2013, upon consideration of Plaintiffs' Motion for a Status Conference, it is hereby ORDERED that a Status Conference is scheduled to occur in the Chambers of the Honorable on the fJ�day of 06�u_-t) , 2013 at 106 avw,4p.m. BY THE COURT, J. Dis ibution: Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 ,,--`K`ebecca Marrocco, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 `= Mechanicsburg, Pennsylvania 17050 CZ ES Cam, „ ._ BRUCE HOROWITZ and IN THE COURT OF COMMON PLEAS OF CHONG HOROWITZ, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . • v. NO. 2009-8340 CIVIL TERM JOHN L. LARSON, .• Defendant CIVIL ACTION LAW ORDER OF COURT AND NOW, this 15th day of October, 2013 , this being the time and place set for a status conference filed by the Plaintiff, and the parties having come to an agreement about certain discovery deadlines and a deadline for the trial in this matter, it is hereby ordered as follows : Plaintiff ' s expert reports shall be due on or before November 15 , 2013 ; Defendant ' s expert reports shall be due on or before December 15, 2013 ; the trial in this matter shall commence in the February term of court, beginning February 3 , 2014 . It is noted that the parties have briefly discussed the issues in this case, and the Court has suggested to the parties that they may be able to resolve this dispute through mediation. By the Court, SiLt44-6,_ tl)a-4 Christ lee L. Peck, J. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 For the Plaintiffs vin D. Rauch, Esquire - ; Summers, McDonnell, Hudock, Guthrie & Skeel, P. C. -7.1 == 100 Sterling Parkway, Suite 306 --ri1 - Mechanicsburg, PA 17050 :.-----. 7050 :.-� -- cr} For the Defendant _.‹.:.r›, orj r—. :vae e 171I/13 =r)/1 7-,c_...:,-. —:: c -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN. LANk!'.`F CIVIL DIVISION z�" v(-) 441- L c V. P : BRUCE and CHONG HOROWITZ, Plaintiffs, NO. 09-8340 (Jury Trial Demanded) JOHN L. LARSON, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above -referenced case settled and discontinued with prejudice. Respectfully submitted, BARIC SCHERER LLC By: a -I A. Scherer, Esquire Counsel for Plaintiffs