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Home My WebLink About05-0394 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O!: _ 39,/ Civil Action - (XX) law ( ) Equity JURY TRIAL DEMANDED Ciu~b-82r1 WilLIAM M. KUFNER 120 N. 21st Street Camp Hill, PA 17011 BETTY M. BUSHMAN 118 N. 21st Street Camp Hill, PA 17011 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwarded to ( )Attorney ( W. Scott Henninq. Esquire Handler. Henninq & Rosenberq. llP 1300 Linqlestown Road Harrisburq. PA 17110 (717) 238-2000 Name/AddressfTelephone No. of Attorney Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED ACTION AGAINST YOU. Date;.., L:::J A'\ ;:) I. ~ IY:>S - I ( ) Check here if reverse is used for additional information PROTHON. - 55 ~ ~ .,. ~ en .. ~ ~ ~ ~ ..t: cc ~-=t \ . ~ (j ..n ~, -r . h'1 ['0> -- -.',-", r:-;' en Q ((;) SHERIFF'S RETURN - REGULAR CASE NO: 2005-00394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUFNER WILLIAM M VS BUSHMAN BETTY M ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within WRIT OF SUMMONS BUSHMAN BETTY M the DEFENDANT at 1400:00 HOURS, on the 25th day of January 2005 at 118 N 21ST STREET CAMP HILL, PA 17011 RICHARD BUSHMAN, HUSBAND by handing to 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 18.00 11.10 .00 10.00 .00 39.10 So Answers: ~."..-;",,/ ~.. . ~.?;;,& -v~ - ~ . "...."'-:..~ ~ R. Thomas Kline 01/26/2005 HANDLER HENNING ROSENBERG B~ ~ tuJ ' ..u: \ \ Deputy S eriff Sworn and Subscribed to before me this 1~ day of j~ 0;0'0 '/ A. 0 h", 'Plt. rothonotary , A.D. ~, W. Scolt Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Lingleslown Road Harrisburg, P A I 7II 0 Telephone: (71 7) 238-2000 Fax: (71 7) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plaintiff WILLIAM M. KUFNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No: 2005-00394 BETTY M. BUSHMAN, 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 musl take action within twenty (20) days after this Complainl 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 thai if you fail to do so the case may proceed without you and a judgment may be entered against you by lhe Court without further notice for any money claimed in the Complaint or for any other claim or relief requesled by lhe Plaintiff. You may lose money or property or other rights important 10 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. Lawyer Referral Service 4th Ftoor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 A visa USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea delenderse de las demandas que se presenlan mas adelanle en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notilicaci6n de esta Demanda y Aviso radicando personalmente 0 par medio de un abogado una comparecencia escrila y radicando en la Corte par escrito sus delensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted lalla de tomar acci6n como se describe anleriormente, el caso puede proceder sin usled y un lalla por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado porel demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 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 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717)240-6200 HANDLER, HE NING & ROSENBERG, LLP C c.:bt W. Scott Henning, Esquire By: W. Scolt Henning, Esquire 1.0.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 1711 0 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plainliff WILLIAM M. KUFNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2005-00394 BETTY M. BUSHMAN, Defendant CIVIL ACTION. LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, William M. Kufner, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, brings forth this Complaint against Defendant, Betty M. Bushman, and avers as follows: 1. Plaintiff, William M. Kufner, is an adult individual residing at 120 North 21st street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Betty M. Bushman, is an adult individual residing at 118 North 21st street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times material hereto Defendant, Betty M. Bushman, was in ownership, possession, management and control of the Premises located at and known as 120 North 21st street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. At all times material hereto, Plaintiff, William M. Kufner was a tenant at and leased the Premises located at and known as 120 North 21 st street, Camp Hill, Cumberland County, Pennsylvania from Defendant, Betty M. Bushman. 5. At all times material hereto, Plaintiff, William M. Kufner, was lawfully upon said Premises. 6. At all times material hereto, Defendant, Betty M. Bushman, who had exclusive control of said Premises, had permitted a stairway to exist which lacked handrails. 7. At all times material hereto, there were no warning signs posted on the Premises so as to provide visible warning of the unsafe condition of the stairway. 8. On or about May 24, 2004, at approximately 7:30 a.m., Plaintiff, William M. Kufner, was leaving his apartment and descending the stairway on said Premises at 120 North 21 st street, Camp Hill, Cumberland County, Pennsylvania, when he lost his balance and fell down the steps. Plaintiff fell harshly, due to the defect that was allowed to remain in the stairway, namely the absence of a handrail, thereby causing personal injuries to the Plaintiff. 9. As a direct and proximate result ofthe negligence of the Defendant, Betty M. Bushman, Plaintiff, William M. Kufner, sustained extensive and serious personal injuries, as set forth more specifically below. -2- COUNT I - NEGLIGENCE WILLIAM M. KUFNER v. BETTY M. BUSHMAN 10. Paragraphs 1 - 9 are incorporated herein by reference as if fully set forth at length. 11. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, William M. Kufner, were caused directly and proximately by the negligence of Defendant, Betty M. Bushman, by her agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting a stairway of said Premises to remain without handrails, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; b. In causing or permitting a stairway of said Premises to remain without a handrail when Defendant knew or should have known the likelihood that the lack of a handrail was, could be, or had become a hazard to individuals traversing the stairway; c. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the lack of a handrail in the stairway of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; -3- d. In failing to ensure the stairway at said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; e. In failing to post a warning sign or device in the area to notify of the dangerous condition of the stairway of said Premises; f. In failing to install a handrail in the stairway on said Premises so as to avoid the situation in which the Plaintiff fell; g. In failing to ensure that the stairway have a continuous handrail in violation of the BOCA National Building Code S 817.7 (relating to Means of Egress; Stairway guards and handrails); h. In failing to maintain the stairway in a reasonably safe condition that would prevent Plaintiff, William M. Kufner, from falling; and i. In allowing to remain, a stairway not maintained in a proper state of repair and/or not maintained free of hazardous conditions. 12. Defendant, Betty M. Bushman, had actual knowledge or should have known through the exercise of ordinary care and diligence that the stairway on said Premises lacked a handrail where Plaintiff, William M. Kufner, fell. 13. As a direct and proximate result of the negligence of Defendant, Betty M. Bushman, Plaintiff, William M. Kufner, sustained serious injuries including, but not limited to, a fracture to his left wrist and abrasions. 14. As a direct and proximate result of the negligence of Defendant, Betty M. Bushman, Plaintiff, William M. Kufner, has undergone great physical pain, discomfort and mental anguish and he will continue to endure the same for -4- an indefinite period of time in the future, to his great detriment and loss, physically, emotionally and financially. 15. As a direct and proximate result of the negligence of Defendant, Betty M. Bushman, Plaintiff, William M. Kufner, has been, and may in the future be, hindered from attending to his daily duties to his great detriment, loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence of Defendant, Betty M_ Bushman, Plaintiff, William M. Kufner, has, and may in the future, suffer a loss of life's pleasures. 17. As a result of the negligence of Defendant, Betty M. Bushman, Plaintiff, William M. Kufner, has suffered lost wages/income and may in the future continue to suffer a loss of income and/or loss of earning capacity. 18. As a direct and proximate result of the negligence of Defendant, Betty M. Bushman, Plaintiff, William M. Kufner, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 19. Plaintiff, William M. Kufner, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, William M. Kufner, seeks damages from Defendant, Betty M. Bushman, in an amount in excess of the compulsory arbitration limits of Cumberland County. -5- COUNT II - BREACH OF WARRANTY OF HABITABILITY WILLIAM M. KUFNER v. BETTY M. BUSHMAN 20. Plaintiff incorporates paragraphs 1 through 19 of this Complaint by reference thereto as if set forth at length. 21. At all times material hereto, Defendant, Betty M. Bushman, acting on her own and/or through its agents, servants, workmen and/or employees, was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the property known as 120 North 21 st street, Camp Hill, Cumberland County, Pennsylvania. 22. At all times material hereto Defendant, Betty M. Bushman, leased the Premises at 120 North 21st street, Camp Hill, Cumberland County, Pennsylvania, to Plaintiff, William M. Kufner, pursuant to a residential lease agreement. 23. Plaintiff, upon being injured, found that the aforementioned stairway was in a defective condition and was unsafe, and unfit for habitation in that the stairway lacked a proper handrail. 24. The defective condition of the leased Premises constituted a breach of Defendant's implied warranty of the habitability of the leased Premises. 25. By reason of the defective concrete steps, Plaintiff, William M. Kufner, sustained serious injuries including, but not limited, to a fracture to his left wrist and abrasions. 26. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, William M. Kufner, has -6- undergone great physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his great detriment and loss, physically, emotionally and financially. 27. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, William M. Kufner, has been, and may in the future be, hindered from attending to his daily duties to his great detriment, loss, humiliation and embarrassment. 28. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, William M. Kufner, has, and may in the future, suffer a loss of life's pleasures. 29. As a result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, William M. Kufner, has suffered lost wages/income and may in the future continue to suffer a loss of income and/or loss of earning capacity. 30. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, William M. Kufner, has been compelled, in orderto effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 31. Plaintiff, William M. Kufner, believes and, therefore, avers that his injuries are permanent in nature. -7- WHEREFORE, Plaintiff, William M. Kufner, seeks damages from Defendant, Betty M. Bushman, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully Submitted Daled: '-1/15)05 HANDLER, HENNING & ROSENBERG, LLP 1-1 ~cdt f),cNn9Ihs!) W. Scott Henning, Esquire Attorney for Plaintiff -8- VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. . ,--., williairi~: K~fn~; 6' 4---- ..- -0(: Date: '1 ~ W. Scolt Henning, Esquire 1.0.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Liugleslown Road Harrisburg, P A 171I0 Telephone: (71 7) 238-2000 Fax: (71 7) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plaintiff WILLIAM M. KUFNER, Plaintiff v. BETTY M. BUSHMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 2005-00394 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On April 15, 2005, I hereby certify that a true and correct copy of Plaintiff's Complaint with Notice 10 Defend was served upon the following by depositing in U.S. Mail, certified delivery, return receipt requested, Betty M. Bushman 118 N. 21 st Street Camp Hill, PA 17011 Date: 4/15/05 Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP By: 11 J{'Ji: '1/enNnq I&v) W. Scott Henning, Esquire C) -,I .--< \\':I~'\ " _.;"; ,-,,) ""i L',; . .. W. Scott Henning, Esqnire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisbnrg, P A 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 2005-00394 WILLIAM M. KUFNER, Plaintiff BETTY M. BUSHMAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the Plaintiff and against the Defendant for failure to answer or otherwise plead in the above captioned matter within twenty (20) days of the date of service of the Complaint and enter judgment in favor of the Plaintiff on the issue of liability with the dollar amount of the judgment being an unliquidated amount and subject to a trial on the issue of damages only. The undersigned certifies that a written Notice of intention to file a Praecipe for Judgment was mailed to the Defendant on May 10,2005 and copy of said Notice is attached hereto. Date: ft. ..- 8' - c2Cb~ . . W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 1711 0 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plaintiff WILLIAM M. KUFNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 200S-00394 BETTY M. BUSHMAN, Defendant CIVIL ACTION. LAW : JURY TRIAL DEMANDED To: Betty M. Bushman 118 N. 21 st Street, Camp HiIIl, PA 17011 DATE OF NOTICE: May 10, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (1 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-91 cc: William M. Kutner . . ~ -l.o ~ ;.{) r--' q. (:. 0 C-' \ c- "" \) <-1' .-'l <- :>:;-n ~ () c p....r:: :;;.; -0t1' - -- ~ - B:b !: 6"'" ~ .r:- :::::'"~ ....,.j r Crt 8 ~~ ;'):"J ....0 ~ "'" .~:- rn ~ ~ J 9 Q fC'.' ~...,. _.~ r "Z -i 3 - ,3k ..p ~ - v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 2005-00394 CIVIL ACTION. LAW JURY TRIAL DEMANDED WILLIAM M. KUFNER, Plaintiff BETTY M. BUSHMAN, Defendant RULE 1312.1. The Petition for Appointmenl of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: W. Scott Henning, Esquire, of Handler, Henning & Rosenber~l, LLP, counsei for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is on the the issue of liability, with the dollar amount of the judgment being an unliquidated amount and subject to a trial on the issue of damages only. The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: W. Scott Henning, Esq., Handler, Henning & Rosenbe,rg, LLP - 1300 Linglestown Road, Harrisburg, PA 17110. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, HANDLER, liNNING B\... scot~ nn 1.0 #32 <B 1300 Lingl'estown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff ORDER OF COURT AND NOW, , 2005, in consideration of the foregoing petition, , Esq., Esq., and , Esq., are appoinled arbitrators in the above-captioned action as prayed for. By the Court, P.J. -CQ. 0 -- -,:J '\L Y"l. \'- () ~ -- .- - b r V'l ~ 0- f- lI) ...::t (;v ~ -L r-' c:;l Co:::>' c.f" '- c:~ :.:.- ~ -1 ;;!;::D \"t:::' :?,\.:J << -\ :"-'(~l -~~:l ~:;-_, 1'-' co -0 -,.,,, ~- '<, t':: ~::, -< - ., {~~~ ::,:,; ..-; <- {..ft..~ N WILLIAM M. KUFNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BETTY M. BUSHMAN, DEFENDANT 05-0394 CIVIL TERM ORDER OF COURT AND NOW, this to day of February, 2006, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Harold S. Irwin, III, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, /~ ". . .- , /. L-{'h Edgar B. Bayley:-J: ^ " Harold S. Irwin, III, Esquire :sal Mf1~ 02. I~ -() f. C+. ~ Court Administrator (,) -ll -,'" c.:::.'