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HomeMy WebLinkAbout14-5865 je Supreme Co ennsylvania Con din we leas For Prothonotary Use Only: le, Docket No: 41t 1'/111 u n County The information collected on this form is used solely for court administration purposes. This fornt does not supplement or replace the filing and sere ice of pleadings or other papers as required by law or rules of court. Commencement of Action: [3Complaint [9 Writ of Summons 13 Petition S [3 Transfer from Another Jurisdiction (3 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Seytia Van Dan Jennifer Deitchman Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? [M Yes El No (check one) ®outside arbitration limits 0 N Is this a Class Action Suit? [3 Yes El No Is this an MDJAppeal? [3 Yes [9 No A Name of Plaintiff/Appellant's Attorney: W.Scott Henning [3 Check here if you have no attorney(are a Self-Represented (Pro Sed 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. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS OIntentional El Buyer Plaintiff Administrative Agencies [3 Malicious Prosecution ODebt Collection:Credit Card OBoard of Assessment E3Motor Vehicle [3Debt Collection:Other [3 Board of Elections Nuisance Dept.of Transportation Premises Liability B Statutory Appeal:Other S Product Liability(does not include Employment Dispute: E mass tort) Discrimination E3S]ander/Libel/Defamation 13 Employment Dispute:Other E3 Zoning Board C ® Other: El Other: T I [j Other: 0 MASS TORT 12 Asbestos N Tobacco Toxic Tort-DES E] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste [3Ejectment [3 Common Law/Statutory Arbitration 0 Other: OEminent Domain/Condemnation E3 Declaratory Judgment B Ground Rent Mandamus [j Landlord/Tenant Dispute R Non-Domestic Relations [3Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY C3 Mortgage Foreclosure:Commercial 13 Quo Warranto [I Dental rl Partition rl Replevin rA Legal E3Quiet Title 00ther: n Medical [3 Other: Other Professional: Updated 1/1/2011 W.Scott Henning T f i0Tf10 Attorney ID#32298 OCT , ti HANDLER,HENNING&ROSENBERG, LLP .< 1300 Linglestown Road LA PA 17110 Harrisburg, Attorney for Plaintiff(s) Telephone: (717)238-2000 Fax: (717)233-3029 E-mail: Henning@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA .. No.2014 Civil Action- Law Seytia Van Dan Jennifer Deitchman 304 Old Stonehouse Road South 4902 Louise Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 v s Daniel Deitchman 4902 Louise Drive Mechanicsburg, PA 17055 Plaintiff(s)&Address(es) Defendant(s)&Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney(XX) Sheriff. W Scott S e Court ID No. 3 9 Date: 10/1/2014 I CLLR 35� 1 ,12 y' y W. Scott Henning Attorney ID#32298 HANDLER, HENNING&ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff(s) Fax: (717)233-3029 E-mail: Henning@hhrlaw.com SEYTIA VAN DAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN Plaintiffs) V � S&os Versus NO. 1, DANIEL DEITCHMAN and JENNIFER DEITCHMAN CIVIL ACTION -LAW Defendant(s) WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ' c Date: Prothonotary QL� Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE. OF T H f Ro 17tQb3 1?iit F 201 + OCT 24 PM 3: 35 OFFICE C,FTHE SHE RfF= �ENN5 PLVAN 7Y seytia Van Dan vs. Jennifer Deitchman (et al.) Case Number 2014-5865 SHERIFF'S RETURN OF SERVICE 10/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer Deitchman, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as "Not Found" at 4902 Louise Drive, Lower Allen, Mechanicsburg, PA 17055. Deputies were advised that the defendant moved to 5060 Ritter Road, Mechanicsburg, PA 17055. 10/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Daniel Deitchman, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as "Not Found" at 4902 Louise Drive, Lower Allen, Mechanicsburg, PA 17055. Deputies were advised that the defendant moved to 5060 Ritter Road, Mechanicsburg, PA 17055. 10/16/2014 03:15 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Wayne Rudasill, Controller, who accepted as "Adult Person in Charge" for Jennifer Deitchman at 5060 Ritter Road, Lower Allen, Mechanicsburg, PA 17055. CHRIST' ER SHARPE, DEPUTY 10/16/2014 03:15 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Wayne Rudasill, Controller, who accepted as "Adult Person in Charge" for Daniel Deitchman at 5060 Ritter Road, Lower Allen, Mechanicsburg, PA 17055. SHERIFF COST: $66.60 October 17, 2014 (c) CountySuito Sheriff, Teinosett, Inc. SHARPE, H ISTO C �i �EF7DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SEYTIA VAN DAN, Plaintiff(s) V. DANIEL DEITCHMAN and JENNIFER DEITCHMAN, Defendant(s) 2014-5865 Civil Action - Law NOTICE CD -Ti CD -71 'V CD -1 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 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 accion dentro de los proximos veinte (20) dias despues de Ia notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en Ia 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 Ia demanda o cualquier otra reclamacion 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 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 CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 W. Scott Henning (PA 32298) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Seytia Van Dan, Plaintiff, CIVIL ACTION — LAW V. NO.: 2014-5865 Jennifer Deitchman and Daniel Deitchman, Defendants. COMPLAINT Plaintiff, Seytia Van Dan, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, files this Complaint against the Defendants, Jennifer Dietchman and Daniel Dietchman and avers as follows: 1. Seytia Van Dan is a competent adult individual currently residing at 304 Old Stonehouse Road South, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants Jennifer Dietchman and Daniel Dietchman are, upon information and belief, competent adult individuals currently residing at 4902 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendants were in ownership, possession, management, and control of the premises at 30 North Hanover Street, Carlisle, Cumberland County, Pennsylvania ("the Premises"). 4. At all times material hereto, the Premises was used and maintained as an apartment building. 5. At all times material hereto, Ms. Van Dan was lawfully upon the Premises as a guest of a tenant. 6. At all times material hereto, Defendants were solely responsible for maintaining the safe condition of the Premises, including the exterior access stairway located on the Premises. 7. At all times material hereto, Defendants, who were in ownership, possession, management, and/or control of the Premises, failed to provide and maintain and a safe stairway so as to allow for their tenants and their guests safe access to and from the second floor apartment. 8. At all times material hereto, there were no signs posted on the Premises warning of the possibility that the stairway existed in an unsafe condition. 9. On or about August 13, 2013, Ms. Van Dan was descending the steep metal stairway at the Premises, with her hand on the handrail. It was late in the evening and the steps, which have a very shallow tread, were wet and slippery because it was raining. 10. Ms. Van Dan slipped on the stairs and her finger became caught where an upright baluster met the stair, causing her finger to be severed as she fell down the stairs. As a result of this fall, Mrs. Van Dan suffered personal injuries, as set forth more specifically below. 2 11. At all times material hereto, Defendants were in ownership, possession, management, and/or control of the Premises and were responsible for ensuring that the stairway of the Premises was safe and properly maintained. 12. The occurrence of the aforementioned incident and the resulting injuries to Ms. Van Dan were caused directly and proximately by the negligence of the Defendants and/or by their agents, servants, workmen, or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. in failing to provide an exterior stairway with adequate tread depth, thereby posing an unreasonable risk of injury to Ms. Van Dan and to other persons lawfully upon the Premises; b. in failing to make a reasonable inspection of the Premises which would have revealed the existence of the dangerous condition posed by the stairway and thereby allowing the same to be and remain a dangerous condition when Defendants knew or should have known of it; c. in failing to ensure the stairway at the Premises was maintained in a safe condition to prevent injury to Ms. Van Dan and other persons lawfully upon the premises; d. in failing to post a warning sign or device in the area to notify of the dangerous condition of the stairway; and e. in failing to have non -slip strips or a non -slip surface affixed to the stair treading thereby posing an unreasonable risk of injury to Ms. 3 Van Dan and to other persons lawfully upon the premises. f. In having exterior stairway on their premises that was too steep, when one considers the height of the stairway and number of steps in relationship to the slope created by the distance between the top step and bottom step, thereby posing an unreasonable risk of injury to Ms. Van Dan and to other persons lawfully utilizing the stairway. g. In providing an exterior stairway with a handrail that was constructed so as to create a scenario in which a person's hand and finger are likely to become caught, as one runs their hand along the handrail thereby posing an unreasonable risk of an injury to Ms. Van Dan and to any other person lawfully utilizing the stairway. h. in failing to maintain and/or repair the stairway in a reasonably safe condition that would prevent a lawfully present individual from slipping or falling. 13. Defendants had actual knowledge, or should have known through the exercise of ordinary care and diligence, that the stairway was in an unsafe condition. 14. As a direct and proximate result of the negligence of Defendants, Ms. Van Dan: a. sustained injuries including, but not limited to, complete amputation of her left small finger; b. has been forced to undergo surgery for treatment and repair of her injuries; c. suffered physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in 4 the future, to her detriment and loss, physically, emotionally and financially; d. has been, and will in the future be, hindered from attending to her daily duties and activities to her detriment, loss, humiliation and embarrassment; e. suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to her detriment and loss; f. suffered a loss of income and/or earning capacity and; g. has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medicine and medical attention and will be required to expend more of the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Seytia Van Dan, seeks damages from Defendants, Jennifer Dietchman and Daniel Dietchman, in an amount in excess of the compulsory arbitration limits of Cumberland County. Dated: November 2014 By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning, W Supreme Court ID No. 32298 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 • Harrisburg, PA 17110 Tel: 717-238-2000 henning@hhrlaw.com 5 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. Date: //-1/'-0-40 Seytia Van Dan W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LIP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEYTIA VAN DAN, Plaintiff(s) 2014-5865 V. Civil Action - law DANIEL DEITCHMAN and JENNIFER DEITCHMAN, Defendant(s) CERTIFICATE OF SERVICE On, November 14, 2014, I hereby certify that a true and correct copy of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Jennifer Deitchman 4902 Louise Drive Mechanicsburg, PA 17055 Daniel Deitchman 1202 Montrose Circle Mechanicsburg, PA 17050 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 FILED -OFFICE [' tL�_D(i�' -CFl3C�E .11 THE Pf U Hi/NOTARY ?UUUI DEC 17 P11 1: 514 CUMBERLAI.-ID COUNTY PENNSYLVANIA Todd B. Narvol, Esquire Attorney I.D. 42136 (717) 237-7133 Elizabeth L. Melamed, Esquire Attorney I.D. 313987 (717) 255-7234 Attorneys for Defendants Seytia Van Dan, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2014 -5865 -CIVIL Jennifer Deitchman and Daniel Deitchman, Defendant : CIVIL ACTION — LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearances of Todd B. Narvol, Esq. and Elizabeth L. Melamed, Esq. of the law firm of Thomas, Thomas &Hafer, LLP on behalf of Defendants Jennifer Deitchman and Daniel Deitchman relative to the captioned matter. Respectfully submitted, Thomas, Thomas & Hafer, LLP Attorneys for Defendants By Date: December , 2014 T d B. Narvol, Esq. Elizabeth L. Melamed PROOF OF SERVICE And now this %0 day of December, 2014, I, Becky Rusbatch, Legal Secretary and an employee of the law firm of Thomas, Thomas & Hafer, LLP, do hereby state that a copy of the foregoing document is being served as follows: W. Scott Henning, Esq. Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Respectfully, Thomas, Thomas & Hafer, LLP Attorneys for Defendants By. Becky i' us o atch Legal ' ecretary THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 113.7C 30 11: 28 Todd 13. Narvol, Esquire Attorney I.D. 42136 (717)237-7133 Elizabeth L. Melamed, Esquire Attorney I.D. 313987 (717) 255-7234 Attorneys for Defendants Seytia Van Dan, Plaintiff v Jennifer Deitchman and Daniel Deitchman, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2014 -5865 -CIVIL : CIVIL ACTION — LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Seytia Van Dan c/o W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days or a default may be entered against you. Date: 1212W/4 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: odd B. Narvol, Esquire Elizabeth L. Melamed, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7157 (t) Attorneys for Defendants THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Todd B. Narvol, Esquire Attorney I.D. 42136 (717) 237-7133 Elizabeth L. Melamed, Esquire Attomey 1.D. 313987 (717) 255-7234 Attorneys for Defendants Seytia Van Dan, Plaintiff v : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2014 -5865 -CIVIL Jennifer Deitchman and Daniel Deitchman, Defendant : CIVIL ACTION — LAW : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT PRELIMINARY OBJECTIONS NOW COME the Defendants, JENNIFER DEITCHMAN and DANIEL DEITCHMAN ("Defendants"), by and through their counsel, Thomas, Thomas, and Hafer, LLP, and hereby Preliminarily Objects to the Complaint filed against them by Plaintiff, Seytia Van Dan, as follows: 1. This is a personal injury action arising out of an alleged fall that occurred on August 13, 2013. A copy of Plaintiff's Complaint is appended hereto as Exhibit "A". This action was instituted when Plaintiff filed her Writ of Summons on October 3, 2014 and Plaintiff's Complaint was then filed on or about November 13, 2014. 2. Plaintiff alleges that she was injured when she fell while descending the stairway in the rear of the premises located at 30 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. Plaintiff also alleges that Defendants were in ownership, possession, management and control of said premises at all material times. See Ex. A at IT 3-10. 3. The Complaint generally alleges that Defendants were negligent in failing to provide a safe stairway, which allegedly caused Plaintiff to fall and sustain injuries. Id. at ¶ 11-14. 4. The Complaint is legally insufficient and objectionable in that it contains nonspecific and conclusory allegations of Defendants' negligence. I. MOTION TO STRIKE GENERAL ALLEGATIONS IN PLAINTIFF'S COMPLAINT 5. Defendant incorporates by reference herein Paragraphs 1 through 4 as though more fully set forth at length below. 6. Pa.R.C.P. 1028 provides, in pertinent part, as follows: (a) Preliminary Objections may be filed by any party to any pleadings and are limited to the following grounds: (2) Failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; (3) Insufficient specificity in a pleading. (4) Legal insufficiency of a pleading (demurrer); Pa.R.C.P. 1028. 7. Pennsylvania Rule of Civil Procedure 1019(a) requires that the material facts upon which a cause of action is based be stated in a concise and summary form, and be sufficiently specific so as to enable a Defendant to prepare a proper defense. 8. Plaintiff's Complaint contains a general, vague and boilerplate allegations of negligence against Defendants. See, Ex. A at Paragraphs 12, 12(b) -(c), and 12(h). 9. Specifically, within her Complaint, Plaintiff alleges that Defendants were negligent as follows: 12. The occurrence in the aforementioned incident and the resulting injuries to Ms. Van Dan were caused directly and proximately by the negligence of Defendants and/or by their agents, servants, or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (b) in failing to make a reasonable inspection of the Premises which would have revealed the existence of the dangerous condition posed by the stairway and thereby allowing the same to be and remain a dangerous condition when Defendants knew or should have known of it; (c) in failing to ensure the stairway at the Premises was maintained in a safe condition to prevent injury to Ms. Van Dan and other persons lawfully upon the premises; (h) in failing to maintain and/ or repair the stairway in a reasonably safe condition that would prevent a lawfully present individual from slipping or falling. See, Ex. A at Paragraphs 12, 12(b) -(c), and 12(h). 10. Further, Plaintiff's allegations in the aforementioned sub -paragraphs contain no specific facts that provide Defendants with any information as to Plaintiff's specific basis or bases of her claim(s), thus preventing Defendants from being able to prepare a proper defense. 11. These paragraphs do not contain any facts whatsoever as to how Defendant's actions or omission caused Plaintiff's injuries. 12. The allegations of Plaintiff's Complaint in subparagraphs 12(b), 12(c) and 12(h) are insufficient to advise Defendants of the nature of the negligent conduct alleged against them. 13. The averments of Plaintiff's Complaint set forth in paragraph 9 of the Preliminary Objections above, must be stricken in accordance with the law set forth in Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1993), and its progeny. 14. Mere conclusions of law and general allegations of negligence in a pleading fail to set forth the material facts of a cause of action and are in violation of Pa.R.C.P. 1019(a). 15. Pennsylvania Rule of Civil Procedure 1028(a)(3) permits the filing of Preliminary Objections on the basis of insufficient specificity of a pleading. 16. The insufficiently specific allegations contained in Paragraphs 12, 12(b) - (c), and 12(h) of Plaintiff's Complaint should be stricken pursuant to Pa.R.C.P. 1028(a)(3). 17. Defendants acknowledge that Plaintiff's complaint does include specific averments detailing Defendants alleged negligence in subparagraphs 12(a) and 12(d) - (g). In subparagraphs 12(b) -(c), and 12(h) contain vague, overly board and open-ended allegations of negligence which, if unchallenged could be amended later notwithstanding the statute of limitations. Thus, subparagraphs 12(b) -(c), and 12(h) could leave Defendants at the risk of being subjected to different theories of liability in the future. 18. However, this is not sufficient to allow Plaintiff to also include overly broad allegations of negligence whereby she could at any point in the future seek to assert a different theory of liability. See Connor, 461 A.2d at 602, n.3. (If a defendant does not know how "'it otherwise failed to us due care and caution under the circumstances', it could have filed a Preliminary Objection in the nature of the request for more specific pleading, or could have moved to strike that portion of Appellant's Complaint.") 19. WHEREFORE, Defendants, JENNIFER DEITCHMAN and DANIEL DEITCHMAN, respectfully request that this Honorable Court grant their Preliminary Objections and strike the overly general and unspecific allegations of negligence from Plaintiff's Amended Complaint. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: 4 2/ 26/11 By: To.e B. Narvol, Esquire Pa. Attorney ID #42136 Elizabeth L. Melamed, Esquire Pa. Attorney ID # 313987 Attorneys for Defendants THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Todd B. Narvol, Esquire Attorney I.D. 42136 (717) 237-7133 Elizabeth L. Mclamed, Esquire Attorney I.D. 313987 (717)255-7234 Attorneys for Defendants Seytia Van Dan, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2014 -5865 -CIVIL Jennifer Deitchman and Daniel Deitchman, Defendant : CIVIL ACTION — LAW : JURY TRIAL DEMANDED ORDER SUSTAINING DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this day of , 2014, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, and any response thereto, IT IS HEREBY ORDERED THAT: Defendants' Preliminary Objections are GRANTED. IT IS FURTHER ORDER THAT: Paragraphs 12, 12(b) -(c), and 12(h) are stricken from Plaintiff's Complaint in their entirety. BY THE COURT: Distribution List: W. Scott Henning, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road Harrisburg, PA 17110 Elizabeth L. Melamed, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 CERTIFICATE OF SERVICE And now this 29TH day of December, 2014, I, Becky Rusbatch, Legal Secretary and an employee of the law firm of Thomas, Thomas & Hafer, LLP, do hereby state that a copy of the foregoing document is being served as follows: Via U.S. Mail First Class, Postage Prepaid: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Thomas, Thomas & Hafer, LLP By V � f 17./ __— Aecky Rus t at h, L gal Secretary E T N A s E e T I 0 N B Supreme Co Cou ennsylvania leas County For Prothonotary Use Onty: ,.1>P Docket No: .... „..) u05 The information collected on this forth is used solely for court administration purposes. This foram 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 0 Complaint 1 Writ of Summons 0 Transfer from Another Jurisdiction 0 Lead Plaintiffs Name: Seytia Van Dan Lead Defendant's Name: Jennifer Deitchman Dollar Amount Requested: °within arbitration limits (check one) 0outside arbitration limits Are money damages requested? k:' Yes 1 No Is this an MDJAppeal? 0 Yes x No Is this a Class Action Suit? 0 Yes l±' No Name of Plaintiff/Appellant's Attorney: W. Scott Henning 0 Check here if you have no attorney (are a Self -Represented (Pro Sel 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. TORT (do not include Mass Tort) ® Intentional O Malicious Prosecution O Motor Vehicle O Nuisance Premises Liability 0 Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card 0 Debt Collection: Other Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY © Ejectment 1 Eminent Domain/Condemnation 0 Ground Rent O Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: EXHIBITA CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections Dept. of Transportation Statutory Appeal: Other O Zoning Board Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration 0Declaratory Judgment oil Mandamus al Non -Domestic Relations Restraining Order 0 Quo Warranto ® Replevin 0 Other: Updated 1/1/2011 W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@hhrlaw.com i'lLEO-GFF,CL THE PRO THO!.!C3 TA - Z014 OCT -3 P. 2: CU/IBE RL :1Y Attorney for Plaintiff(s) M A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 Civil Action - Law Seytia Van Dan 304 Old Stonehouse Road South Mechanicsburg, PA 17055 : Jennifer Deitchman : 4902 Louise Drive Mechanicsburg, PA 17055 v s Daniel Deitchman 4902 Louise Drive Mechanicsburg, PA 17055 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above -captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney (XX) Sheriff. e Court ID No. 3 Date: 10/1/2014 W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) SEYTIA VAN DAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN Plaintiff(s) Versus DANIEL DEITCHMAN and JENNIFER DEITCHMAN Defendant(s) TO THE ABOVE NAMED DEFENDANT(S): 585 . CIVIL ACTION - LAW WRIT OF SUMMONS YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU.j t j Date: I� 3 r 'bewi�c.,. •J ..Rt4,f-L Prothonota ry Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ r 1L4�'J_ o 0,00q' cumbcr�tr �ij- THE PR01 WNO ir1i, t Nati OCT 24 PM 3:35 rte PEN SYLVANII OFFICE :'F THE SHERIFF seytia Van Dan vs. Jennifer Deitchman (et al.) Case Number 2014-5865 SHERIFF'S RETURN OF SERVICE 10/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer Deitchman, but was unable to locate the Defendant in his • bailiwick. The Sheriff therefore returns the within requested Writ of Summons as "Not Found" at 4902 Louise Drive, Lower Allen, Mechanicsburg, PA 17055. Deputies were advised that the defendant moved to 5060 Ritter Road, Mechanicsburg, PA 17055. 10/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Daniel Deitchman, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as "Not Found" at 4902 Louise Drive, Lower Alien, Mechanicsburg, PA 17055. Deputies were advised that the defendant moved to 5060 Ritter Road, Mechanicsburg, PA 17055. 10/16/2014 03:15 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Wayne Rudasill, Controller, who accepted as "Adult Person in Charge" for Jennifer Deitchman at 5060 Ritter Road, Lower Allen, Mechanicsburg, PA 17055. CHRISTOPHER SHARPE, DEPUTY 10/16/2014 03:15 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Wayne Rudasill, Controller, who accepted as "Adult Person in Charge" for Daniel Deitchman at 5060 Ritter Road, Lower Allen, Mechanicsburg, PA 17055. H ISTO SER"SHARPE DEPUTY SHERIFF COST: $66.60 SO ANSWERS, 1 October 17, 2014 RONNY R ANDERSON, SHERIFF (c) Countyuite Sheriff, 1cteosofl, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SEYTIA VAN DAN, Plaintiff(s) v. DANIEL DEITCHMAN and JENNIFER DEITCHMAN, Defendant(s) 20145865 Civil Action - Law NOTICE � G -0 p -~'i Z C7 O 0.1 ,c 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 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 accion dentro de los proximos veinte (20) dias despues de Ia notitiicacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en Ia 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 Ia demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por Ia 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 1NMEDIATAMENTE. 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 CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 W. Scott Henning (PA 32298) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Seytia Van Dan, Plaintiff, CIVIL ACTION — LAW v. NO.: 2014-5865 Jennifer Deitchman and Daniel Deitchman, Defendants. COMPLAINT Plaintiff, Seytia Van Dan, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, files this Complaint against the Defendants, Jennifer Dietchman and Daniel Dietchman and avers as follows: 1. Seytia Van Dan is a competent adult individual currently residing at 304 Old Stonehouse Road South, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants Jennifer Dietchman and Daniel Dietchman are, upon information and belief, competent adult individuals currently residing at 4902 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendants were in ownership, possession, management, and control of the premises at 30 North Hanover Street, Carlisle, Cumberland County, Pennsylvania ("the Premises"). 4. At alt times material hereto, the Premises was used and maintained as an apartment building. 5. At all times material hereto, Ms. Van Dan was lawfully upon the Premises as a guest of a tenant. 6. At all times material hereto, Defendants were solely responsible for maintaining the safe condition of the Premises, including the exterior access stairway located on the Premises. 7. At all times material hereto, Defendants, who were in ownership, possession, management, and/or control of the Premises, failed to provide and maintain and a safe stairway so as to allow for their tenants and their guests safe access to and from the second floor apartment. 8. At all times material hereto, there were no signs posted on the Premises warning of the possibility that the stairway existed in an unsafe condition. 9. On or about August 13, 2013, Ms. Van Dan was descending the steep metal stairway at the Premises, with her hand on the handrail. It was late in the evening and the steps, which have a very shallow tread, were wet and slippery because it was raining. 10. Ms. Van Dan slipped on the stairs and her finger became caught where an upright baluster met the stair, causing her finger to be severed as she fell down the stairs. As a result of this fall, Mrs. Van Dan suffered personal injuries, as set forth more specifically below. 2 11. At all times material hereto, Defendants were in ownership, possession, management, and/or control of the Premises and were responsible for ensuring that the stairway of the Premises was safe and properly maintained. 12. The occurrence of the aforementioned incident and the resulting injuries to Ms. Van Dan were caused directly and proximately by the negligence of the Defendants and/or by their agents, servants, workmen, or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. in failing to provide an exterior stairway with adequate tread depth, thereby posing an unreasonable risk of injury to Ms. Van Dan and to other persons lawfully upon the Premises; b. in failing to make a reasonable inspection of the Premises which would have revealed the existence of the dangerous condition posed by the stairway and thereby allowing the same to be and remain a dangerous condition when Defendants knew or should have known of it; c. in failing to ensure the stairway at the Premises was maintained in a safe condition to prevent injury to Ms. Van Dan and other persons lawfully upon the premises; d. in failing to post a warning sign or device in the area to notify of the dangerous condition of the stairway; and e. in failing to have non -slip strips or a non -slip surface affixed to the stair treading thereby posing an unreasonable risk of injury to Ms. 3 Van Dan and to other persons lawfully upon the premises. f. In having exterior stairway on their premises that was too steep, when one considers the height of the stairway and number of steps in relationship to the slope created by the distance between the top step and bottom step, thereby posing an unreasonable risk of injury to Ms. Van Dan and to other persons lawfully utilizing the stairway. g. In providing an exterior stairway with a handrail that was constructed so as to create a scenario in which a person's hand and finger are likely to become caught, as one runs their hand along the handrail thereby posing an unreasonable risk of an injury to Ms. Van Dan and to any other person lawfully utilizing the stairway. h. in failing to maintain and/or repair the stairway in a reasonably safe condition that would prevent a lawfully present individual from slipping or falling. 13. Defendants had actual knowledge, or should have known through the exercise of ordinary care and diligence, that the stairway was in an unsafe condition. 14. As a direct and proximate result of the negligence of Defendants, Ms. Van Dan: a. sustained injuries including, but not limited to, complete amputation of her left small finger; b. has been forced to undergo surgery for treatment and repair of her injuries; c. suffered physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in 4 the future, to her detriment and loss, physically, emotionally and financially; d. has been, and will in the future be, hindered from attending to her daily duties and activities to her detriment, loss, humiliation and embarrassment; e. suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to her detriment and loss; f. suffered a loss of income and/or earning capacity and; g. has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medicine and medical attention.and will be required to expend more of the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Seytia Van Dan, seeks damages from Defendants, Jennifer Dietchman and Daniel Dietchman, in an amount in excess of the compulsory arbitration limits of Cumberland County. Dated: November 2014 By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning, Supreme Court ID No. 32298 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 • Harrisburg, PA 17110 Tel: 717-238-2000 henning@hhrlaw.com 5 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. Date: //- //-' G / Seytia Van Dan W. Scott Henning Attorney IDI# 32298 HANDLER, HENNING & ROSENBERG, LIP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEYTIA VAN DAN, Plaintiff(s) 2014-5865 v. Civil Action - Law DANIEL DEITCHMAN and JENNIFER DEITCHMAN, Defendant(s) CERTIFICATE OF SERVICE On, November 14, 2014, I hereby certify that a true and correct copy of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Jennifer Deitchman 4902 Louise Drive Mechanicsburg, PA 17055 Daniel Deitchman 1202 Montrose Circle Mechanicsburg, PA 17050 HANDLE OSENBERG, LLP W. Sconn