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HomeMy WebLinkAbout10-0483?,Cfl ANTHONY J. SCIOLLA, JR., ESQUIRE 4 Attorney I.D.# 25365 Noble Plaza, Suite 219 2 0 10 X 2 2 801 Old York Road Jenkintown, PA 19046 (215) 673-9222/(215) 481-9001 Attorney fork n#iff BRENDA LOCKHART 311 Dwelling Court Shippensburg, PA 17257 v. HOMES FOR AMERICA, INC. 300 Dwelling Court Shippensburg, PA 17257 and HAI COTTAGES OF SHIPPENSBURG 300 Dwelling Court Shippensburg, PA 17257 COURT OF COMMON PLEAS Cumberland County NO. tv -- -[g3 01 L` 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 S 1-800-990-9108 717-249-3166 $92 C.? C:\Data\AJSciolla\GARNICK 2004\LOCKHART 8274.000\NOTICE TO DEFEND.doc e& / 33? ANTHONY J. SCIOLLA, JR., ESQUIRE Attorney I.D.# 25365 Noble Plaza, Suite 219 801 Old York Road Jenkintown, PA 19046 (215) 673-9222/(215) 481-9001 Attorney for Plaintiff BRENDA LOCKHART 311 Dwelling Court Shippensburg, PA 17257 COURT OF COMMON PLEAS Cumberland County v. HOMES FOR AMERICA, INC. 300 Dwelling Court Shippensburg, PA 17257 and HAI COTTAGES OF SHIPPENSBURG 300 Dwelling Court Shippensburg, PA 17257 NO. CIVIL ACTION COMPLAINT 1. Plaintiff, Brenda Lockhart, is an adult individual, residing at 311 Dwelling Court, Shippensburg, PA 17257. 2. Defendant, Homes for America, Inc., is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with an office located at 300 Dwelling Court, Shippensburg, PA 17257. 3. Defendant, HAI Cottages of Shippensburg, is a business with an office located at 300 Dwelling Court, Shippensburg, PA 17257. 4. On or about 'Tuesday, January 29 h, 2008, Plaintiff was a lessee of 311 Dwelling Court, a housing unitlapartment at the Shippensburg Cottages located in Shippensburg, PA 17257. Said apartment complex is owned, operated, maintained and/or controlled by Defendant, Homes for America, Inc. and Defendant, HAI Cottages of Shippensburg. 5. It is believed and therefore averred that, at all times material hereto, Defendants, Homes for America, Inc. and HAI Cottages of Shippensburg, by and through its agents, servants, workman, employees and/or subcontractors, were responsible for ice removal at the Shippensburg Cottages apartment/housing complex located at 300 Dwelling Court, Shippensburg, PA 17257. 6. On or about January 29m, 2008, at approximately 7:15 a.m., Plaintiff, Brenda Lockhart, was exiting the main entrance of her housing unit/apartment to go to her car when, suddenly and without warning, Plaintiff was caused to slip and fall on ice that had accumulated upon the ground in the front of her housing unit/apartment. As a result of the fall, Plaintiff, Brenda Lockhart, was caused to sustain serious and permanent injuries set forth more fully hereinafter. 7. On or about January 29t`, 2008 and for some time prior thereto, Defendants, Homes for America, Inc. and HAI Cottages of Shippensburg, by and through its agents, servants, workmen, employees and/or subcontractors, permitted the area in front of Plaintiff s housing unit/apartment to become ice covered and remain in a slippery and dangerous condition. 8. The aforesaid accident occurred as a result of the carelessness and negligence of Defendant, Homes for America, Inc. and Defendant, HAI Cottages of Shippensburg, by and through its agents, servants, workmen, employees and/or subcontractors which consisted in and of the following: (a) permitted ice to form and remain in the area in front of the door to Plaintiffs housing unit/apartment, thereby creating a condition which rendered said area unsafe for individuals, and, in particular the Plaintiff herein, to walk upon; (b) failed to remove the accumulation of ice from said area when Defendants, knew or should have known in the exercise of due care that it was dangerous and involved an unreasonable risk of harm to said persons walking upon said area; (c) failed to warn Plaintiff and other individuals of the aforesaid dangerous condition as set forth in 10 (a) and (b); (d) failed to provide Plaintiff and other individuals with a safe, alternative means of walking from their housing unit/apartment to their cars so that such persons would not be required to walk upon the dangerous condition; (e) failed to inspect the property in order to discover the aforesaid dangerous condition or conducted an inspection so carelessly as not to have discovered the condition and remedy same; (f) failed to maintain the housing unit/apartment's common area in a decent and safe condition in accordance with the statutory housing codes; (g) maintained the property in a careless and negligent manner as set forth in 10(a) thru 10(f); and (h) violated applicable state and local laws, ordinances and regulations pertaining to the removal of ice. 9. The aforesaid accident occurred as a result of the carelessness and negligence of Defendant, Homes for America, Inc. and Defendant, HAI Cottages of Shippensburg, by and through its agents, servants, workmen, employees and/or subcontractors, and was in no way whatsoever caused by any act or failure to act on the part of Plaintiff, Brenda Lockhart. 10. As a result of the aforesaid negligence and carelessness of Defendant, Homes for America, Inc. and Defendant, HAI Cottages of Shippensburg, by and through its agents, servants, workmen, employees and/or subcontractors, Plaintiff was caused to sustain injuries to her left wrist and back, including but not limited to a non-displaced fracture of the left distal radius and back pain and other injuries, the full extent of which is not yet known. She has in the past and may in the future be unable to attend to her usual and customary duties and occupation, to her great detriment and loss. The Plaintiff believes and therefore avers that her injuries are or may be permanent in nature. 11. Plaintiff, Brenda Lockhart, suffered severe and permanent aches, pains, mental anxiety, anguish, severe shock to her nerves and nervous system and other injuries, the full extent of which is not yet known. 12. As a further result of the aforesaid accident, Plaintiff has suffered a loss of earnings and earning capacity, and may continue to do so for an indefinite time in the future, to her great detriment and loss. 13. As a further result of the aforesaid accident, Plaintiff has been and may in the future be obliged to expend various sums of money for medical care and treatment in an effort to treat and cure herself of her injuries, to her great detriment and loss. 14. As a further result of the aforesaid accident, Plaintiff has or may hereafter incur other financial losses and/or expenses which she may otherwise be entitled to recover. 15. As a further result of the aforesaid accident, Plaintiff has and may continue to suffer severe physical pain, mental anguish, anxiety and humiliation, to her great detriment and loss. 16. As a further result of the aforesaid accident, Plaintiff may have suffered a permanent diminution in the ability to enjoy life and life's pleasures, to her great detriment and loss. WHEREFORE, Plaintiff, Brenda Lockhart, demands judgment against Defendants, Homes for America, Inc. and HAI Cottages of Shippensburg, jointly and/or severally, in an amount not in excess of Fifty Thousand Dollars ($50,000.00), plus interest thereon and costs of suit. CAData\AJSciolla\GARNICK 2004\LOCKHART 8274.000\COMPLAINT.doc VERIFICATION r/i- ?O eh hereby states that he/she is Plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of my knowledge, information and belief. The undersigned understands that that statements therein are made subject to the penalties of 18. Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: l l o _ Signature: I am aware that any person who knowingly and with intent to defraud any insurance company or other person filing an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~}"L~1"I'jvC Brenda Lockhart vs. Homes for America, Inc. ~~'~au~ of 4ltaribr~~~~# ~: . 4U~Q f ~t7 "7 ~11 f l ^ UHF Case Number 2010-483 SHERIFF'S RETURN OF SERVICE 01/27/2010 03:10 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 27, 2010 at 1510 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Homes For America, Inc., by making known unto Natasha Vincent, Property Manager at 300 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/27/2010 03:10 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 27, 2010 at 1510 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: HAI Cottages of Shippensburg, by making known unto Natasha Vincent, Property Manager at 300 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $62.00 January 28, 2010 SO ANS ERS, SHERIFF (r.) F'oiir,?ySwte SherrfP, 7~©12aso~ lnc. ANTHONY J. SCIOLLA, JR., ESQUIRE Attorney I.D.# 25365 Noble Plaza, Suite 219 801 Old York Road Jenkintown, PA 19046 (215) 673-9222/(215) 481-9001 rlcE MED-Of OF ? ?. arvt t/sAkIA tiffs BRENDA LOC'KHART V. HOMES FOR AMERICA, INC. and HAI COTTAGES OF SHIPPENSBURG COURT OF COMMON PLEAS Cumberland County' NO. 10-483 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled. discontinued and ended upon payment of your costs. A ANTHONY A IOLLA, JR.r, f Attorney' 'fo 1# miffs C:?DataA,AJScioll:i\GARNICK 2004'4-OCKHART 8274.000\0SD&F.doc