HomeMy WebLinkAbout14-7047 Supreme Co Pennsylvania
Cour f,c o%In 0leas
M For Prothonotary Use Only:
ov
0. r
Docket No:
U , County
The information collected on this form is used solely for court administration purposes. This farm does not
supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S Complaint El Writ of Summons Petition
Transfer from Another Jurisdiction [3 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
WALTER JACKSON HILL SPANKY'S AUTO GROUP, LLC
T Dollar Amount Requested: [@within arbitration limits
I Are money damages requested? El Yes 01 No (check one) noutside arbitration limits
0
N Is this a Class Action Suit? 11 Yes Ox No Is this an MDJAppeal? 0 Yes Ox No
A Name of Plaintiff/Appellant's Attorney: REGINA M. MCILVAINE, ESQUIRE
0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"Vtothe 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
11 Intentional [71 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection:Credit Card E3 Board of Assessment
0 Motor Vehicle Debt Collection:Other Board of Elections
[3 Nuisance Dept.of Transportation
JE Premises Liability Statutory Appeal:Other
S [3 Product Liability(does not include [3 Employment Dispute:
E mass tort)E3 Discrimination
Slander/Libel/Defamation
E3 Other: 0 Employment Dispute:Other 0 Zoning Board
C
T other:
I — [3 Other:
o MASS TORT
0 Asbestos
N [3 Tobacco
D Toxic Tort-DES
13 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment E3 Common Law/Statutory Arbitration
[3 Other: E3 Eminent Domain/Condemnation L3 Declaratory Judgment
B 01 Ground Rent Mandamus
n Landlord/Tenant Dispute Non-Domestic Relations
LJJJ Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto
E3 Dental Partition Replevin
[] Legal Quiet Title [3 Other:
[I Medical 13 Other:
E3 Other Professional:
Updated 1/1/2011
n
LOWENTHAL & ABRAMS,P.C. THIS IS NOT AN ARBITRATION
By: Regina M. McIlvaine, Esquire MATTER ASSESSMENT OF
Identification No. 57673 DAMAGES IS REQUIRED
555 City Line Avenue, Suite 500
Bala Cynwyd,Pennsylvania 19004
(610) 667-7511 Attorneys for Plaintiff
WALTER JACKSON HILL COURT OF COMMON PLEAS
522 Second Street CUMBERLAND COUNTY
Carlisle,PA 17013
Plaintiff
CIVIL ACTION - c/
V. : JURY TRIAL DEMANDED
SPANKY'S AUTO GROUP, LLC
605E. Locust Street %m
Mechanicsburg, PA 17055 �'`� ' 7'
and/or 4
701 E. Locust Street ;may
Mechanicsburg, PA 17055 -"
Defendant -
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT.IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET
FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY'(20)DAYS
AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEEDWITHOUT 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 HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THAT MAY OFFER LEGAB SERVICESTHIS OFFICE MAY BE ALE TO TOPROVIDE
YOU WITH INFORMATION ABOUT AGENCIES
ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET I� 7�
CARLISLE,PA 17013 J /
1-800-990-9108 ����
717-249-3166 (�(��0,7e
2 31yaa �
LOWENTHAL & ABRAMS,P.C. THIS IS NOT AN ARBITRATION
By: Regina M. McIlvaine, Esquire MATTER ASSESSMENT OF
Identification No. 56773 DAMAGES IS REQUIRED
555 City Line Avenue, Suite 500
Bala Cynwyd, Pennsylvania 19004
(610) 667-7511 Attorneys for Plaintiff
WALTER JACKSON HILL COURT OF COMMON PLEAS
522 Second Street CUMBERLAND COUNTY
Carlisle, PA 17013
Plaintiff
: CIVIL ACTION -
V. JURY TRIAL DEMANDED
SPANKY'S AUTO GROUP, LLC
605 E. Locust Street
Mechanicsburg, PA 17055
and/or
701 E. Locust Street
Mechanicsburg,PA 17055
Defendant
COMPLAINT
PREMISES LIABILITY
1. Plaintiffs Walter Jackson Hill is an adult individual residing at the above address.
2. Defendant Spanky's Auto Group, LLC (hereinafter"Spanky's") is a Pennsylvania
corporation located and doing business at the above address.
3. At all times relevant to this Complaint, Defendant owned, operated and/or managed the,
automobile shop located at 701 E. Locust Street, Mechanicsburg,PA 17055.
4. For some time before January 9, 2013, and continuing to the present, Defendant regularly
conducted business within Cumberland County,PA.
-2-
y
5. At all times relevant to this Complaint, including January 9, 2013, it is believed and
herein averred that Defendant owned, controlled and/or maintained the wooden steps leading
from Spanky's lot up to the office located at 701 E. Locust Street, Mechanicsburg,PA.
6. At all times relevant to this complaint, including January 9, 2013,Defendant was
responsible for,the condition of the wooden steps leading from Spanky's lot up to the office
located at 701 E. Locust Street,Mechanicsburg, PA.
7. As of January 9, 2013, Defendant was responsible for and for maintaining the steps and
insuring safety of patrons using such steps during business hours.
8. On or about January 9, 2013, a dangerous, defective and unsafe condition existed on the
wooden steps unbeknownst to Plaintiff Walter Jackson Hill, said dangerous, defective and unsafe
condition being a nail protruding up out of the wooden surface of the step causing a tripping
hazard.
9: On the morning of January 9, 2013,Plaintiff Walter Jackson Hill was a business invitee
of Defendant, waiting in the office while Defendant repaired his automobile. Plaintiff exited the
office door and went to go down the wooden steps to the Defendant's lot. As Plaintiff took a
step down he was caused to trip and fall forward due to a nail protruding out of the wooden step,
twisting his left foot/ankle and landing on his hands and knees on the macadam lot.
10. At all times pertinent hereto,the steps area where the plaintiff Walter Jackson Hill fell
was in the care, custody, and control of, and was owned and maintained by Defendant, or their
agents, servants,workmen, and/or employees; Defendant was given or received timely notice of
plaintiff's fall and injury.
11. The above described accident was caused by the negligence of the Defendant and was in
no manner due to any act or omission on the part of the Plaintiff.
-3-
COUNT
PLAINTIFF WALTER JACKSON HILL V. DEFENDANT
NEGLIGENCE
12. Plaintiffs incorporate by reference the allegations contained in all preceding paragraphs
1-11 as if the same were fully set forth herein at length.
13. Dangerous conditions existed upon the wooden steps leading from Defendant's office to
the macadam lot,which condition created a reasonably foreseeable risk of the kind of injury
plaintiff sustained and of which conditions Defendant had actual notice and/or could reasonably
be charged with constructive notice in sufficient time to have taken measures to protect against
the conditions and/or take measures to repair or otherwise rectify the conditions.
14. The above—described accident was caused by the negligence and carelessness of
Defendant in that it:
a. failed to keep the wooden steps in a reasonably safe condition for their intended
use for pedestrian travel;
b. failed to design, construct, inspect, maintain and keep the aforesaid property in a
safe condition which resulted in a dangerous and defective condition and a hazard for the
movement of pedestrians on and/or around said steps and of which condition Defendant
had actual or constructive notice;
C. failed to inform patrons of this dangerous and defective condition;
d. failed to place adequate warnings or warning signs or devices within and around
the dangerous and defective condition of the wooden steps;
e. failed to remedy the dangerous and defective condition,thereby creating and/or
maintaining a tripping hazard.
-4-
f. allowing the wooden steps to remain in a state of disrepair and neglect so as to
permit nails to protrude above the surface of the steps and obstruct the safe travel of
pedestrians.
15. As a direct and proximate result of the aforementioned negligence and carelessness of
Defendant, Plaintiff incurred serious permanent injuries, including but not limited to: left ankle
edema; left ankle/foot posttraumatic arthritis, stage 3-4; anterior ankle impingement syndrome;
plantar fasciitis; distal tarsal tunnel syndrome; Baxter's nerve entrapment' right knee abrasion
and edema; right knee prepattelar bursitis; right knee medial femoral chondrosis; scarring and
disfigurement; all or some of which may be permanent..
16. As a direct and proximate result of Defendant's negligence,Plaintiff has incurred and
will in the future incur economic losses such as medical expenses for the diagnosis,treatment
and rehabilitation of the injuries sustained as a result of this accident as well as an impairment of
his earning capacity.
17. As a direct and proximate result of Defendant's negligence,Plaintiff has in the past
suffered and will in the future suffer great physical and mental pain and suffering.
19. As a direct and proximate result of Defendant's negligence, Plaintiff has in the past
suffered and will in the future suffer from the inability to live a normal life and enjoy life's
pleasures including,but not limited to, an inability to attend to usual daily duties,hobbies and
activities.
-5-
WHEREFORE, Plaintiffs respectfully requests this Court to enter judgment and
compensatory damages in his favor and against Defendant, in an amount in excess of Fifty
Thousand Dollars ($50,000.00), plus interest and costs together with such relief as this
Honorable Court deems just and proper.
Respectfully submitted,
Lowenthal& Abrams, P.C.
By: ( V l
RE4M... MCILVAINE, ESQUIRE
Date: 1Z Z
-6-
i_
C
I'
VERIFICATION
I, WALTER JACKSON HILL, hereby verify that I am the plaintiff in the within.action;
that the facts set forth in the foregoing are true and correct to the best of my knowledge,
information and belief; and that these statements are made subject to the penalties of 18 Pa.C.S.
§4904, relating to unsworn falsification to authorities.
I
W
WALTER JA SON HILL
�vtitj
j
,+ (
1 y
41,k
t
WALTER JACKSON HILL
Plaintiff
VS
SPANKY'S AUTO GROUP, LLC, ET AL
Defendant
Person to be served (Name and Address):
SPANKY'S AUTO GROUP, LLC
701 E. LOCUST ST,
MECHANICSBURG PA 17055
By serving: SPANKY'S AUTO GROUP, LLC
Attorney: REGINA M. MCILVAINE, ESQ,
Papers Served: NOTI E TO DEFEND, COMPLAINT, VERIFICATION
Service Data: [erved Successfully [ ] Not Served
DatelTime: 2.- 0-
2;3
[ ) Delivered a copy to him/her personally
[ ] Left a copy with a competent household member over 14 years of age
residing therein (indicate name & relationship at right)
(*eft a copy with a person authorized to accept service, e.g. managing agent,
egistered agent, etc. (indicate name & official title at right)
11111111111 11111111111 111111111
20141208171616
C ornmorl
a,s Court Of Pl+
Gb€40,d
Venue
Docket Number: 14 7047 CIVIL
AFFIDAVIT OF SERVICE
(For Use by Private Service)
Cost of Service pursuant to R. 4:4-3(c)
Name of Person Served and relationshipttitle:
/1/41 277
0 iu
Description of Person Accepting Service:
SEX:0 AGE: (/trHEIGHT: WEIGHT: / () SKIN: 11U HAIR:9 giki OTHER:7 /4..$11'41'
Unserved:
[ ] Defendant is unknown at the address fumished by the attomey
[1 All reasonable inquiries suggest defendant moved to an undetermined address
[ ] No such street in municipality
[ ] Defendant is evading service
[ ] Appears vacant
[ No response on: Date/Time:
Date/Time:
Date/Time:
Other:
Served Data:
Subscribed and Sworn to me this
Notary Signature:
day of b-e—e_e-fit tD2f, 2
1.A i cCoe L 1.6 )c)N1
Name of Notary Commission Expiration
Name of Private Se
e
ri
41)
LO
r'.)
was at the time of service a competent adult, over the age of
18 and not having direct interest in the litigation. I declare
under penalty of perjury that the foregoing is true and
ect.
g
1 -s.....---
ature of Pr e s brver
CLI / 20 I (
Date
it/Ay
Address: 2009 Morris Avenue UNION, NJ 07083 Phone: (800) 672-1952
COMMONWEALTH O PENNSYLVANIA
NOTARIAL SEAL
MICHAEL McCORKLE, Notary Public
Hampden Twp., Cumberland County
y Commission Expires November 15, 2015
WALTER JACKSON HILL
Plaintiff
vs
SPANKY'S AUTO GROUP, LLC, ET AL
Defendant
Person to be served (Name and Address):
SPANKY'S AUTO GROUP, LLC
*605 E. LOCUST STREET
MECHANICSBURG PA 17055
By serving: SPANKY'S AUTO GROUP, LLC
Attorney: REGINA M. MCILVAINE, ESQ.
Papers Served: NOTICE TO DEFEND, COMPLAINT, VERIFICATION
Service Data:
Date/Time:
IseServed Successfully [ ] Not Served
I a -
[ ] Delivered a copy to him/her personally
3 94f
[ ] Left a copy with a competent household member over 14 years of age
residing therein (indicate name & relationship at right)
[ ] Left a copy with a person authorized to accept service, e.g. managing agent,
registered agent, etc. (indicate name & official title at right)
1111111111111111111111111111111
come; 104-r?1�, S' Court Of
CUr,6tYICI C1 Venue
Docket Number: 14 7047 CIVIL
AFFIDAVIT OF SERVICE
(For Use by Private Service)
Cost of Service pursuant to R. 4:4-3(c)
Name of Person Served and relationship/title:
DGN 4.79
Serve.a at 101 E. L-Du-E.S+ 5
Nle ckan;Ls buv9 , ?f ri ° S5
Descriiption of Person Accepting Service:1�+
SEX:pt^AGE: 64/ HEIGHT: 45- WEIGHT: % O G SKIN: (N. HAIR: 7121/1 OTHER: 7./4 S?JL'
Unserved:
[ ] Defendant is unknown at the address fumished by the attomey
( ] All reasonable inquiries suggest defendant moved to an undetermined address
[ ] No such street in municipality
[ ] Defendant is evading service
[ ] Appears vacant
[ ] No response on: Datefrime:
DatefTime:
DatefTime:
Other:
Served Data:
Subscribed and Sworn to me this
l C�
day of
Notary Signature:
c4 -i L- M C0Y�c �C
Name of Notary
Name of Private Serve
�-�Covtiv r20 t I
Commission Expiration
lad
r1
4
I,I C A/(4 I61o1'?/ZF,�
was at the time of service a competent adult, over the age of
18 and not having direct interest in the litigation. I declare
nder penalty .f perjury that the foregoing is true and
ect
gnature of
Server
12/)6 /20/1
Date
Address: 2009 Morris Avenue UNION, NJ 07083 Phone: (800) 672-1952
COMMONWEALTH O.= PENNSYLVANIA
NOTARIAL SEAL
MICHAEL MCCORKLE, Notary Public
Hampden Twp., Cumberland County
My Commission Expires November 15, 2015