Loading...
HomeMy WebLinkAbout14-4709Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet Cumberland County For Prothonotary Use Only: Docket No: q 41709 Civil -VW) The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking k' I Complaint ■ Writ of Summons 1 Transfer from Another Jurisdiction lr Lead Plaintiff's Name: Michael McCleary Lead Defendant's Name: Catherine Stauffer Dollar Amount Requested: ■ within arbitration limits Are money damages requested? 12 Yes 1 No (check one) al outside arbitration limits Is this a Class Action Suit? it Yes 121 No Is this an MDJAppeal? ■ Yes El No Name of Plaintiff/Appellant's Attorney: Lisa J. Mauer, Esquire ■ Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. S E C T 1 0 N A S E C T 1 0 N TORT (do not include Mass Tort) ▪ Intentional O Malicious Prosecution Motor Vehicle 0 Nuisance ® Premise's Liability O Product Liability (does not include mass tort) in Slander/Libel/ Defamation 0 Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste ® Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff D Debt Collection: Credit Card ▪ Debt Collection: Other ® Employment Dispute: Discrimination © Employment Dispute: Other 0 Other: REAL PROPERTY O Ejectment O Eminent Domain/Condemnation O Ground Rent ® Landlord/Tenant Dispute ▪ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ® Partition 0 Quiet Title O Other: CIVIL APPEALS Administrative Agencies © Board of Assessment O Board of Elections O Dept. of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS ▪ Common Law/Statutory Arbitration 0 Declaratory Judgment Mandamus Non -Domestic Relations Restraining Order 0 Quo Warranto © Replevin 0 Other: Updated 1/1/2011 5 1, GRAHAM&MAUER, P.C. Attorney for Plaintiffs By: Lisa J. Mauer, Esquire ID# 65426 The Commons At Valley Forge Suite 7, P.O. Box 987 Valley Forge,PA 19482 (610)933-3333 MICHAEL McCLEARY and : IN THE CUMBERLAND COUNTY COURT KIMBERLY McCLEARY, h/w : OF COMMON PLEAS 11018 Morgan Drive Shippensburg, PA 17257 Plaintiffs V. :No.: 14 _ 47oq CATHERINE STAUFFER and : CIVIL ACTION £= C-- JAY STAUFFER -o3 —+ 1142 Ritner Highway z c a*r -' Shippensburg, PA 17257CD Defendants F3 NOTICE ti You have been sued in court. If you wish to defend against the claim 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 defense 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 Bar Association 32 South Bedford Street I L�•rl PO ATt4 Carlisle, PA 17013 1-800-990-9108 P-*:3Cq(oIS GRAHAM&MAUER, P.C. Attorney for Plaintiffs By: Lisa J. Mauer,Esquire ID# 65426 The Commons At Valley Forge Suite 7,P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 MICHAEL McCLEARY and : IN THE CUMBERLAND COUNTY COURT KIMBERLY McCLEARY, h/w : OF COMMON PLEAS 11018 Morgan Drive Shippensburg,PA 17257 Plaintiffs V. : No.. CATHERINE STAUFFER and : CIVIL ACTION JAY STAUFFER 1142 Ritner Highway Shippensburg, PA 17257 Defendants COMPLAINT 1. Plaintiffs Michael McCleary and Kimberly McCleary are adult individuals and husband and wife who reside at 11018 Morgan Drive in Shippensburg, Pennsylvania. 2. On information and belief, at all times pertinent hereto, Catherine Stauffer and Jay Stauffer are adult individuals and husband and wife who reside at 1142 Ritner Highway in Shippensburg, Pennsylvania. 3. On information and belief, at all times pertinent hereto, Defendants Catherine Stauffer and Jay Stauffer, hereinafter collectively, "Defendant Stauffer," owned, leased, operated, possessed,maintained and/or otherwise controlled a parcel of real estate located at 1142 Ritner Highway in Shippensburg, Pennsylvania. 4. On information and belief, at all times pertinent hereto, Defendant Stauffer owned,boarded, maintained and/or otherwise controlled two horses on the property located at 1142 Ritner Highway in Shippensburg, Pennsylvania. 5. On or about October 25, 2012 at approximately 14:22 hours, Plaintiff Michael McCleary, hereinafter"Plaintiff McCleary,"driver of a 2005 Dodge Ram, was traveling south on State Route 11,Ritner Highway, in Shippensburg, Cumberland County, Pennsylvania, when suddenly and without warning two horses appeared on the roadway at the intersection of SR 11 and SR 533. 6. At said time and place, Plaintiff McCleary was unable to stop his vehicle in time to avoid a collision with said horses. 7. Said collision resulted in injuries and damages to Plaintiff McCleary. COUNT I -NEGLIGENCE PLAINTIFF MICHAEL MCCLEARY vs. DEFENDANTS CATHERINE STAUFFER AND JAY STAUFFER 8. Paragraphs 1 through 7 are incorporated herein, as if set forth at length herein. 9. The aforementioned incident, resulting in injuries and/or damages, was the direct and proximate result of the negligence and carelessness of Defendant Stauffer whose conduct consisted of,without limitation: a. Failing to use reasonable care to prevent horses known to be on the property of Defendants from wandering onto the public highway; b. Creating an unreasonable obstruction upon the public highway as a result of failure to inspect and maintain fences sufficient to restrain horses known to be on the property; C. Failure to regard the rights, safety and position of the motoring public, including Plaintiff, d. Creating a hazard that was impossible for Plaintiff McCleary to discern prior to the happening of the incident complained of herein; . e. Failure to properly and adequately protect the motoring public, including Plaintiff McCleary, from the hazards of dangerous and improperly restrained horses on and about the public highway when Defendants knew or should have known that such horses were not properly restrained; f. Failure to properly inspect,maintain, repair and/or install adequate fencing to prevent horses known by Defendants to be on their property from wandering onto the public highway; g. Failure to issue any warning, verbal,written, actual and/or constructive,to members of the motoring public, including Plaintiff McCleary, as to the dangerous condition which existed at or about the location of the incident complained of herein; h. Failure to repair and/or rebuild fences which were inadequate to restrain horses and prevent them from wandering onto the public highway; i. Failure to notify the proper authorities, including,without limitation,the police, of the dangerous condition of said horses upon the public highway; j. Failure to exercise due care under the circumstances; k. Failure to prevent unreasonable risk of harm arising from the presence of horses upon the public highway; 1. Failure to properly maintain livestock in accordance with reasonable standards of husbandry; in. Failing to maintain Defendants' property in a reasonably safe condition so as to not to interfere with the traveling public; n. Failing to keep horses in a manner reasonably calculated to prevent hazards upon the public highway when Defendants knew or should have known that failure to do so would place the motoring public, including Plaintiff McCleary, at risk of serious injury and/or death; o. Failing to remove horses from the public highway on a timely basis in order to avoid the collision complained of herein; P. Failing to properly restrain horses when Defendants knew or should have known that said horses were likely to and, in fact, did wander off of the property onto the pubic highway thereby creating a dangerous condition which could, and, in fact in this case, did create the risk of serious personal injury and/or death; and q. Failure to properly construct, reconstruct, repair and/or maintain enclosures on Defendants' property sufficient to confine livestock, including horses, thereby improperly placing Defendants' property maintenance cost containment efforts ahead of the safety of the motoring public, including Plaintiff McCleary. 10. As a direct and proximate result of the negligence and carelessness of Defendant Stauffer, and not due to any act or failure to act on the part of Plaintiff McCleary, said Plaintiff suffered injuries to his lumbar spine, loss of life's pleasures and injuries to his nerves and nervous system, some or all of which are or may be permanent in nature. 11. Some or all of Plaintiff's injuries have caused great pain, mental anguish and a permanent weakening and/or loss of strength and limitation of movement in those body systems and parts of the body so that they are now exposed to a greater likelihood of reinjury than had these injuries not occurred. In addition, as a further result of these injuries, and the medicine and procedures they made necessary,the integrity and resilience/resistance to injury of the foregoing body systems have been compromised so that these systems and other component body subsystems are more susceptible to injury and will have an earlier onset of degeneration and other problems than they would have had Plaintiff not been so injured. 12. As a direct and proximate result of the negligence and carelessness of Defendant Stauffer, Plaintiff McCleary has been and may continue to be in the future unable to attend to his usual habits, customs, vocation, and/or enjoyment of life. 13. As a direct and proximate result of the negligence and carelessness of Defendant Stauffer, Plaintiff McCleary has suffered and/or continues to suffer and/or may in the future suffer a loss of earnings and/or earning capacity. 14. As a direct and proximate result of the negligence and carelessness of Defendant Stauffer,Plaintiff McCleary has been in the past and may continue to be in the future required to undergo medical and medically-related treatments and procedures. 15. As a direct and proximate result of the negligence and carelessness of Defendant Stauffer, Plaintiff McCleary has been in the past and/or may be in the future required to spend great sums of money for medical and medically-related treatment and procedures as a result of his injuries. WHEREFORE, Plaintiff Michael McCleary hereby demands judgment in his favor and against Defendant Stauffer in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT II-LOSS OF CONSORTIUM PLAINTIFF KIMBERLY MCCLEARY vs. DEFENDANTS CATHERINE STAUFFER AND JAY STAUFFER 16. Paragraphs 1 through 15 are incorporated herein, as if set forth at length herein. 17. At all times pertinent hereto, Plaintiffs Michael McCleary and Kimberly McCleary are husband and wife and residing together at the same address. 18. Due to the negligence and carelessness of Defendant Stauffer, Plaintiff Kimberly McCleary has been deprived and may in the future be deprived of the companionship, support, services and consortium of her husband, Plaintiff Michael McCleary. 19. Due to the negligence-and carelessness of Defendant Stauffer, Plaintiff Kimberly McCleary has paid and/or may be required to pay in the future for the medical treatment of her husband's injuries. 20. Due to the negligence and carelessness of Defendant Stauffer, Plaintiff Kimberly McCleary has been or may be in the future deprived of the household services of her husband, Plaintiff Michael McCleary. WHEREFORE, Plaintiff Kimberly McCleary hereby demands judgment in her favor and against Defendant Stauffer in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. GRAHAM&MAUER, P.C. By: .✓// isa . Ma r, Esquire Date: Attorney for Plaintiffs VERIFICATION I, Michael McCleary, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Michael McCleary VERIFICATION I, Kimberly McCleary, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'a I PI Ki , erly McClearff*' GRAHAM& MAUER, P.C. Attorney for Plaintiffs By: Lisa J. Mauer, Esquire ID# 65426 The Commons At Valley Forge Suite 7, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 MICHAEL McCLEARY and : IN THE CUMBERLAND COUNTY COURT KIMBERLY McCLEARY, h/w : OF COMMON PLEAS 11018 Morgan Drive : Shippensburg, PA 17257 Plaintiffs V. No.. 14 - 4'10q IPfo CATHERINE STAUFFER and : CIVIL ACTION 4= JAY STAUFFER r► 1142 Ritner Highway r Shippensburg, PA 17257 3� G CD Defendants �' C)-.n ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Lisa J. Mauer, Esquire, as attorney for Plaintiffs Michael McCleary and Kimberly McCleary. GRAHAM & MAUER, P.C. By: Xt 1, sa . MauEsquire Date: `�(— ��j-��{ Attorney for laintiffs Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ` ;,1,,LL) �� �j � . '`0 . . vow. ''w/Y/` �� -°n� 20/�EP .,�,� `` gill �7 �� �3 °,//0`/lD 7 . ' " * ` �r�soree�R� PE i�r ^°u�U � o/".�'' / ~`/»/A Michael McCleary vs. Catherine Stauffer (et al.) Case Number 2014-4709 SHERIFF'S RETURN OF SERVICE 08/14/2014 09:07 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Catherine Staufferbut was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 1142 Ritner Highway, Southampton, Shippensburg, PA 17257. Deputies were advised by the defendant's daughter that the defendant now lives at 6057 Highway KK, Chula, MO 64635. 08/14/2014 09:07 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jay Stauffer, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 1142 Ritner Highway, Southampton, Shippensburg, PA 17257. Deputies were advised by defendant's daughter that the defendant is now incarcerated at SCI Laurel Highlands which is located in Somerset County. 0015C2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jay Stauffer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Somerset, Pennsylvania to serve the within Complaint & Notice according to law. 08/102014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint & Notice upon the within named defendant, Catherine Stauffer, in the following manner: On August 18, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint & Notice to the defendant's last known address of 6057 Highway KK, Chula, MO 64635. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Virginia M. Leinbach, adult in charge on August 21, 2014 (per USPS.com). 08/27/2014 10:00 AM - The requested Complaint & Notice served by the Sheriff of Somerset County upon Jay Stauffer, personally, at SCI Laurel Highlands, 5706 Glades Pike, Somerset, PA 15501. John A. Mankey, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $79.60 SO ANSWERS, September 11, 2014 RDNNYRANDERSON, SHERIFF (,c) CountySuite Sheriff, Teleosoft, SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Catherine Stauffer 6057 Highway KK Chula, MO 64635 COMPLETE THIS SECTION ON DELIVERY eceiv by (Printed Name) (0[1• )(4 ()op' iAri. D. 19'delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No see 0. Date of Delivery (-01L-1— e) 3, Service Type O Certified Mail® 0 Priority Mail Express"' O Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7013 3020 0001 3665 4250 (Transfer from service labe0 : PS Form 3811, July 2013 Domestic Return Receipt SHERIFF'S RETURN - REGULAR CASE NO: 2014-04709 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SOMERSET MICHAEL MCCLEARY VS JAY STAUFFER ALEX FREONI ,Deputy Sheriff of Somerset County Pennsylvania, who being duly sworn according to law, says the within COMPLAINT was served upon STAUFFER JAY the DEFENDANT , at 0010:00 Hour, on the 27th day of August ,2014 at SCI LAUREL HIGHLANDS 5706 GLADES PIKE SOMERSET, PA 15510 by handing to JAY STAUFFER a true and attested copy of COMPLAINT Somerset County Sheriff Costs.... 34.50 So Answers: John A. Mankey, Sheriff By: Deputy Sheriff Attorney: GRAHAM & MAUER PC Who hereby verifies that the facts set forth above are true and correct, and who acknowledges that this verification is subject to the Pennsylvania Crimes Code relating to unsworn falsification. ATTEMPTS: GRAHAM & MAUER, P.C. By Lisa J. tvlauer, Esquire ID # 65426 The Commons At Valley Forge Suite 7, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs MICHAEL McCLEARY and KIMBERLY McCLEARY, h/w 11018 Morgan Drive Shippensburg, PA 17257 Plaintiffs : IN THE CUMBERLAND COUNTY COURT : OF COMMON PLEAS v. : No.: 14-4709 CATHERINE STAUFFER and : CIVIL ACTION JAY STAUFFER 1142 Ritner Highway Shippensburg, PA 17257 Defendants C.D CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, (1) Plaintiffs Michael McCleary and Kimberly McCleary (Plaintiffs) certify that -71 a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: t r. (Q —W 1/7 A . MAUE�°l ESOUIRE ATTORNEY FOR PLAINTIFFS GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 7, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs MICHAEL McCLEARY and KIMBERLY McCLEARY, h/w 11018 Morgan Drive Shippensburg, PA 17257 Plaintiffs : IN THE CUMBERLAND COUNTY COURT : OF COMMON PLEAS v. : No.: 14-4709 CATHERINE STAUFFER and : CIVIL ACTION JAY STAUFFER 1142 Ritner Highway Shippensburg, PA 17257 Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs Michael and Kimberly McCleary intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. DATE: -- n 4 - 'Lis'a J. Mar, Esquire Attorney far Plaintiffs COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL McCLEARY and KIMBERLY McCLEARY, h/w : No. 14-4709 11018 Morgan Drive Shippensburg, PA 17257 : CIVIL ACTION Plaintiffs v. CATHERINE STAUFFER and JAY STAUFFER 1142 Ritner Highway Shippensburg, PA 17257 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: R. TIM MUSSMON Agchoice Farm Credit, 900 Bent Creek Blvd., Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the entire file pertaining to the mortgage of Jay and Catherine Stauffer for property located at 1142 Ritner Highway in Shippensburg, Pennsylvania 17257, including without limitation, any insurance documents (with company name, policy number, address and telephone number) in effect on 10/25/12. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. lf you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 1D # ATTORNEY FOR: Date: LISA J. MAUER, ESQUIRE P.O. BOX 987, SUITE 7 VALLEY FORGE, PA 19482 610-933-333 65426 PLAINTIFFS BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy