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Home My WebLink About14-7365 Supreme Co nnsylvania 4 Cour" ofr.Cammo leas For Prothonotary Use Only: C il.. e CU er /Yrt County Docket No: as The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or otherpapers as required by law or rules of court. Commencement of Action: 21 Complaint D Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C Cheryl A. Jameson Deerfield Commons, LP T Dollar Amount Requested: nwithin arbitration limits I Are money damages requested? Yes 0 No (check one) []outside arbitration limits 0 N Is this a Class Action Suit? ❑Yes P/ No Is this an MDJAppeal? E] Yes P No A Name of Plaintiff/Appellant's Attorney: Anthony J. Cosentino 0 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. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional Buyer Plaintiff Administrative Agencies F1 Malicious Prosecution ❑Debt Collection:Credit Card ❑ Board of Assessment E]Motor Vehicle ❑Debt Collection:Other ❑ Board of Elections Nuisance Dept.of Transportation S Premises Liability HStatutory Appeal:Other Product Liability(does not include ❑ Employment Dispute: E mass tort) Discrimination C H Slander/Libel/Defamation E] Employment Dispute:Other F1 Zoning Board T Other: E]Other: I f-1 Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste El Ejectment ❑Common Law/Statutory Arbitration B Other: Eminent Domain/Condemnation ❑Declaratory Judgment H Ground Rent Mandamus EJ Landlord/Tenant Dispute 8 Non-Dornestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY HMortgage Foreclosure:Commercial F1 Quo Warranto ❑ Dental F1 Partition F1 Replevin ❑ Legal F1 Quiet Title El Other: n Medical 0 Other: F1 Other Professional: Updated 11112011 V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA Cheryl A. Jameson, Civil Action - Law Plaintiff S II/� 20o. VS. N 14- Deerfield Commons, LP, Deerfield Commons 11, LP, Paradigm Properties Group, Inc., and DGK General Contracting, LLC, Defendants NOTICE You have been sued in Court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written app I earance 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 claims or relief requested by the Plaintiff. You may LAW OFFICES DURETo,COSENTINO lose money or property or other rights important to you. n t is -3s &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 zC00(p ` f YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. Pennsylvania Bar Association Lawyer Referral Service P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 (Pennsylvania Only) (717) 238-6715 (Outside Pennsylvania) LAW OFFICES Mom,CiOSENTINO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 666 CHAMBERSBURG,PA 17201 IN THE COURT COUNTY OCOMMON CUMBERLAND COJ Civil Action - Law ' Cheryl A. Jameson, plaintiff No. 2014- vs. Deerfield Commons, LP, ; Deerfield Commons II, LP, Inc., and Paradigm Properties Group, DGK General Contracting, LLC,Defendants COMPLAINT NOW comes the Plaintiff, Cheryl A. Jameson, through her attorneys, DiLoreto, Cosentino & Bolinger, PC, and for cause of action against the Defendants, Deerfield Commons, LP, Deerfield Commons II, LP, Paradigm Properties Group, Inc., and DGK General Contracting, LLC, sets forth the following: 1. Plaintiff, Cheryl A. Jameson, is an adult individual living and residing at 4035 Deerfield Commons, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, Deerfield Commons, LP, is a corporation licensed to do business within the Commonwealth of Pennsylvania and which owns and operates rental units, including Plaintiff's aforementioned residence, located at LAW OFFICES 100 Deerfield Commons, Shippensburg, Cumberland County, Pennsylvania. DILOREro,COSENTINO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 } 3. Defendant, Deerfield Commons II, LP, is a corporation licensed to do business within the Commonwealth of Pennsylvania and which owns and operates rental units, including Plaintiff's aforementioned residence, located at ` 100 Deerfield Commons, Shippensburg, Cumberland County, Pennsylvania. 4. Defendant, Paradigm Properties Group, Inc., is a corporation licensed to do business within the Commonwealth of Pennsylvania and which manages properties, including Plaintiff's aforementioned residence, with a mailing address of 2029 Cato Avenue, State College, Centre County, Pennsylvania. 5. Defendant, DGK General Contracting, LLC, is a corporation licensed to do business within the Commonwealth of Pennsylvania with a mailing address of 125 Lyndhurst Circle, Wexford, Allegheny County, Pennsylvania, and which is a general partner in Defendants, Deerfield Commons, LP, and Deerfield Commons II, LP. 6. On June 17, 2014, Plaintiff, Cheryl A. Jameson, was renting the apartment located at 4035 Deerfield Commons, Shippensburg, Cumberland County, Pennsylvania, from the Defendants, paying monthly rent of $965.00. LAW OFFICES DILORETO,COSENTINO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 i 1 L 7. On June 17, 2014 and at all relevant times thereto, the building in which Plaintiff's aforementioned apartment was located was managed by the Defendants, Deerfield Commons, LP, Deerfield Commons II, LP, Paradigm Properties Group, Inc., and DGK General Contracting, Inc. 8. On June 17, 2014, Plaintiff, Cheryl A. Jameson, departed from the Deerfield Commons apartment complex.to run errands. 9. On said date, time and place, as Plaintiff, Cheryl A. Jameson exited the building, no floor mats were present at the doorway entrance/exit to the building. 10. On said date, Plaintiff, Cheryl A. Jameson, returned to the Deerfield Commons apartment complex. 11. On said date, time and place, as Plaintiff, Cheryl A. Jameson, entered the Deerfield Commons building, she tripped on a raised edge of a mat that had been placed on the ground by the Defendants, causing the Plaintiff to collide with the wall, then fall to the floor. LAW OFFICES DURETO,COSENTINO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 12. ' On said date, in between the time when Plaintiff, Cheryl A. Jameson, departed the Deerfield Commons building and when she returned, an employee of the Defendants, Deerfield Commons, LP, Deerfield Commons II, LP, Paradigm Properties Group, Inc., and DGK General Contracting, LLC, who was acting in the course and scope of her employment, unevenly placed a mat on the floor with the edges raised. 13. By reason of the fall as above described collision, Plaintiff, Cheryl A. Jameson, sustained bodily injuries as follows: a. Left comminuted proximal humerus l fracture with osteoporosis, with axillary nerve palsy and sensory pay, b. Left shoulder contusion; c. Left shoulder sprain/strain; d. Left elbow contusion; e. Left knee contusion; f. Head contusion; g. Back contusion; h. Lumbar sprain/strain; and i. Nervous shock. 14. The fall as above alleged was solely and proximately caused .by the LAW OFFICES DURETO,COSENTINODeerfield Commons I , $�BOLINGER PC negligence of the Defendants, Deerfield Commons, LP, 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 } LP, and DGK General Contracting, LLC, said negligence consisting of the following: a. Placing the floor mat unevenly in the common entrance area causing the edges to become raised posing a tripping hazard; or b. Placing a floor mat in the common t wouldcnotrst flat, but rather,having s reason to know that the floor edges would raise, causing a tripping hazard; c. Failure to warn Plaintiff, a business invitee, of the dangerous condition posed by the floor mat with raised edges; d. Failure to inspect the floor in the area of the entrance/exit where Plaintiff sustained the fall; e. Failure to place proper floor rhoud have knownts r carpets in an area that tenants ofthe where the Defendants knew o building would traverse; f. Failure to place adequate aaea whererning nthelerting Defendantsts of knewthoe dangerous condition in a should have known tenants would traverse; g. Failure to provide adequate visibility in the area of the entrance/exit of the building. 15. By reason of the injuries as above set forth, Plaintiff, Cheryl A. Jameson, has received medical attention and care rendered by the following medical providers on the dates indicated and has incurred liability for payment of bills for that medical attention and care in the sums indicated which are reasonable and customary in the community where Plaintiff was treated: LAW OFFICES DILORETO,COSENTMO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 } Am Medical Provider Date of Service Bill Chambersburg Hospital 112 North Seventh Street v Chambersburg, PA 17201 June 17-18, 2014 $45,532.89 June 24, 2014 $720.00 Summit Orthopaedics 120 N. Seventh Street, Ste. 101 Chambersburg, PA 17201 June 17, 2014 $4,140.00 July 1, 2014 $199.00 July 30, 2014 $248.00 September 10, 2014 $248.00 Total $51,087.89 16. By reason of the injuries as above set forth, Plaintiff, Cheryl A. Jameson, underwent surgery on June 18, 2014, in the nature of a left reverse shoulder replacement performed by orthopedic surgeon Albert Tom, M.D., at the Chambersburg Hospital in Chambersburg, Pennsylvania. 17. By reason of the injuries as above set forth, Plaintiff, Cheryl A. Jameson, will incur additional medical bills for care and treatment of those injuries in an amount now unknown. 18. By reason of the injuries as above set forth, Plaintiff, Cheryl A. Jameson, has been notified by her private health insurance carrier, Federal Employees' Blue Cross, of the plan's intent to pursue subrogation. LAW OFFICES DILORETO,COSENTINO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 I 19. As a result of the injuries above set forth, Plaintiff, Cheryl A. Jameson, has suffered a permanent diminution in her earning capacity. 20. As a result of the injuries above set forth, Plaintiff, Cheryl A. Jameson, has sustained permanent disfigurement. 21. At the time of the injury, Plaintiff, Cheryl A. Jameson, was 61 years of age, having been born on February 3, 1953. I 22. By reason of the injuries above set forth, Plaintiff, Cheryl A. Jameson, has endured severe physical, emotional, and mental pain, suffering and inconvenience, and will continue to endure physical pain, suffering and inconvenience for a period of time now unknown. WHEREFORE, Plaintiff, Cheryl A. Jameson, demands damages of Defendants, Deerfield Commons, LP, Deerfield Commons II, LP, Paradigm Properties Group, Inc., and DGK General Contracting, LLC, in an amount in I excess of the mandatory arbitration limits and costs of suit. LAW OFFICES CI LOREro,COSENTNO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 666 CHAMBERSBURG,PA 17201 Respectfully submitted, I DILORETO, COSENTINO & BOLINGER, PC Date: December 23, 2014 By— Anthony J. Cosentino, Esquire Attorney for Plaintiff Attorney I.D. No.: 203829 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 I LAW OFFICES Mom,COSENTINO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 Verification I, Cheryl A. Jameson, the plaintiff herein, hereby affirm that the facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as information which has been gathered by counsel and/or by others acting on my behalf in preparation of this Complaint. The language of the Complaint is that of my counsel and not my own. I have read the Complaint 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1 3 IO Cheryl A. Ja eson, P intiff