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HomeMy WebLinkAbout94-02845 . /1 '\i;: ,;.r" " I ~ -1 F j o .x. i. .'r J.... ',I. }. , .Y ,;. \ '- " , \ " \ \ I ) €l ~i I -I .... lr) ""::t- Oo <l5 ~rPir ~ .'.1 ',~ .. ".'ill \'if" t ~rrll~{ II . R. . ...... "....,......l , ;'-. _.:~ti_/:>-',;~,~(,'>.._. <._.isl'~(.itA~.~ii~~~ , DCl t1 J 116 PH '9~ Of rlOE Of lill. tCitluf/nAr.y CUHeUq 1.110 OI'UIiTY Pf.tlll$Yl.VAI/IA ':1 '_~"""."."_'..' '..., c._'....... ~..~--. " .- ...-~-..".,w_" -'. ,or- _ '-'f .. , I t I l , . - . " # '-. . . \ . . '" .- -.. ~ .......-~ ,- ~ ~ :g ~~ ... .- , . ;.j,1 ~ ..... '~~'(. ..1; ....t\\..., ~ 1't"':.. '" <" " .,' ",J>, . I :;1>. I 1 q :',Lo' - - 0") g -.. ~~s .. ~ I! 0 J l ~ .. E .. ~ .. ~Ji K .; 0 " .. :> .. 0 III ~ it " r g c % ~ t-- t DRIll C, RUSILItO, I plaintiff I I V. I I TRUSTIIS or THI TWIGG FAMILY I TRUST and RIGINey HOMES, INC. I t/a STOUGR'S MOBILI HOME PARK, I Defendants I IN THI COURT or CONNON PLIAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 114-2845 CIVIL ACTION-LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL Pursuant to Pennsylvania Rule of civil Procedure 229(b), it is hereby stipulated and agreed to by Scott W. Morgan, attorney for Plaintiff, and David L. Schwalm, attorney for Defendants, that this action is discontinued against Defendant Regency Homes, Inc., only and that Count II of the complaint be dismissed. IT IS FURTHER STIPULATED and agreed to by counsel of record that the proper designation of Defendant is Trustees of the Tviqg F..ily Trult, t/a Stouqh's Mobile Home Park and that the caption is hereby amended to read as follows: DRIN C. RUSILItO, plaintiff v. TRUSTEES or THI TWIGG FAMILY TRUST t/a STOUGR'S MOBILE ROHI PARIt, IN THE COURT OF CONNON PLIAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 114-2845 CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED ************************************************** MORGAN . MORGAN, P.C. ~-, ~ ' ,~g C ' i-, sa~~r Morgan, Esqu re 120 South Street Rarri.burq, PA 17108 (717) 23'-7959 Attorney for plaintiff Date: ~\6Iq~ THOMAS, THOMAS . HAFER ll-~~_.___ "---- Dav d L. Schwalm, Esquire P.O. Box 1199 305 North Front Street Harrisburg, PA 17108 (717) 255~7U3 Attorney for Defendant ". t :: :~ <": ',:, ,,',:' ,'.:, ~$li"r:,;'d"~' ',::, ;c'. ",:':,,'.,,:!. " '~ :,'t::I;'~c; ., r",,,,~i~c~\jcL~;:~i~A\"~"~'It ,li(::,.t:J#i~"t~l<,i;:';~: . I 4.. <~,';.U, _ _~". < "'''''~",,'''' "'=~''''.'b.,.~..-;,+.~..-.,.,;'-'~'''''''''''''''',..,e<;~...,... _~ .4 R __IIjoi...~,..._"7.hV'.~l'I.,,..".""liO'-"1",.t-O> "./;,:.:",.,.~-"..,~;-~..:..,:.,..,.~.." loo II 1119 flI\ '9'1 t d,' ,OfflO~ or lilY I H\,l\IOHOlAIIY CUMutfi\.AIIO ocUlITl VEHHSY\.V^HIA _.._.......~".,.,.....,- ,i '-'.",,,,,,,,,,.'''-~ ,.n I . t' ~ ;I . II . . I i.''c_ i ...-. 'd" . KAREN c. RUSILKO, Plaintiff v. TRUSTBES OF THE TWIGG FAMILY TRUST, t/a STOUGH'S MOBILE HOME PARK, Defendant I IN THE COURT or COMMON PLEAS I CUMBERLAND COUNTY-PENNSYLVANIA I I NO. 94-2845 CIVIL TERM I I CIVIL ACTION - LAW I I I JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COHPLAIHr AND NOW, Defendant Trustees of the Twigg Family Trust, tla stough's Mobile Home Park, by their attorneys, Thomas, Thomas & Hafer, file this Answer and New Matter to Plaintiff's complaint as follows: 1. Admitted. 2. Admitted. 3. Denied as stated, Although Defendant is a family trust, it is admitted that it owns the business at 7099 carlisle pike, Carlisle, Pennsylvania, known as stough's Mobile Home Park. At the time of the alleged incident, 4. Denied as stated. Regency Homes, Inc. did not said property. 5. Denied as stated. Regency Homes, Inc. did not said property. 6. Denied as stated. own, possess, control, or manage the At the time of the alleged incident, own, possess, control, or manage the At the time of the alleged incident, Regency Homes, Inc. did not own, possess, control, or manage the said property. 2 7. Denied. Defendant specifically denies that Plaintiff was caused to slip and fall, As to the remaining averments contained in Paragraph 7, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, and proof thereof is demanded. COUNT I PL~INTIFr v. TRUSTEES or THE TWIGG FAMILY TRUST t/a STOUGH'S MOBILE HOME PARK 8, By way of answer, Defendant incorporates herein by reference the averments and denials contained in Paragraphs 1 through 7 of this Answer and New Matter. 9. Denied. Defendant specifically denies that it, acting individually, jointly, and/or severally, was negligent, careless and reckless. In further answer, Defendant specifically avers: a. Adequate lighting existed at the subject mailbox area; b. No dangerous or hazardous materials existed in the mailbox area; o. No warning was necessary to Plaintiff as no unreasonable risk of harm from snow, ice, or any other slippery substance existed on or about the mailbox area; d. Although arrangements were made to perform proper removal of any slippery substances, Defendant specifically denies that any slippery substances existed at the said time. 3 e. Salt and cinder had been applied to the sidewalks and mailbox areas; f. Although procedures and policies existed for removal of any hazardous conditions, Defendant specifically denies that any such hazardous condition existed. 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 10, and proof thereof is demanded. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 11, and proof thereof is demanded. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 12, and proof thereof is demanded. WHEREFORE, Defendant Trustees of the Twigg Family Trust, t/a stough's Mobile Horne Park respectfully request your Honorable Court to dismiss Plaintiff's complaint without cost or judgment to it. COUNT II PLAINTIFF v. REGENCY HOMES. INC. 13. - 17. By way of answer, this action has been discontinued as to Regency Homes, Inc. 4 NEW MATTER lB. Plaintiff's injuries and damages were not caused by any acts, omissions, or breaches of duty of Defendant, but were caused in whole or in part, or were contributed to by the negligence, fault, or want of care of Plaintiff in that she: a. Failed to observe the alleged conditions and circumstances; and b. Failed to be attentive and watch where she was walking; c, Failed to exercise reasonable care and caution for her own well being under the circumstances. 19. Plaintiff's cause of action is barred in whole or in part by the Pennsylvania comparative Negligence statute, 42 Pa,C,S.A. 57102, et seq., or by the Doctrine of comparative Negligence. 20. Plaintiff assumed the risk of the injuries allegedly sustained by her by reason of her own conduct. 21. Plaintiffs' injuries and damages, which are specifically denied, were not caused by any acts, omissions, or breaches of duty of Defendant. 22. No dangerous or unsafe condition existed on the premises at the said time. 23. If any dangerous or unsafe condition existed, which is specifically denied, Defendants had no actual or constructive notice ~f such condition existing on the property at that time. 5 CERTlrICATI or SERVICE I, DAVID L. SCHWALM, ESQUIRB, of the law firm of THOKAS, THOKAS , BArER hereby certify that on this day, I served a true and correct copy of the foregoing document on the following person(s) by placing the same in the united states Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as followSI scott W. Morgan, Esquire MORGAN , MORGAN, P.C. 120 South Street Harrisburg, PA 17101 THOKAS, THOKAS , BArBR ~-- DAVID L. SCHWALM, ISQUIR. Datel @\6lq,~ 8 "\f'~,,\';;~;'<i_',;(,,>,: ,;:}_",_,>,;':~"-):t".,:.,-,~"";',,,~;~,. ,tJ'., ,.-" .",",-' j ,;"','-1,, !~~);j;'.~1'!!,;"I'~,~'"ilit,;,~~!~!j~'ii1J!.:&t:fililll.;ihi';'" ",';"',~i\l:'Ji:J_~'~' ,~.';l:,!tWlF.~~4i'!~\'., ~,.~,,_.............--"''''''--'_' . _"",~.._.._,.,..t.,.. ,.~ h'_ '" . _.. ."'~... ".^,-~..,. O'H ......>.<~, _.~...'"""""=-~.~_"~~"'_.. '~';"" . (lJ JUl 2 45 r~ ,~ \ tll:r or ; ", ., I 1I0k' 'r\k\ 1,:II"l'fl:.,.',[1 \)r ,'kn ill tiH ': l' ,,','. A , . t' ~ iI r I , I I ,.'.....~..""""..,. .',,, _"n __,'___.~~~~ ">.'>~~".'H"''''''''-''-'''''''''"y'~ "'~~'r' "--.-...----~--_. " .. . , . . , ',1 u.r;:,;.- l; """~---' '~iJo'."""''''-.k.-<.i 4. At alltlmcs matcrlal hcrcto, Plaintiff rcsidcd in a mobilc homc unit at Slough's Mobllc Homc Park, which park and Its allcndalll propcrly were owncd, posscssed, controlled and/or managed by Dcfendants. Individually, jointly and/or severally. 5. At all timcs matcrial hcrcto, Defcndallls acted through their agcnts, scrvants and/or cmployccs within thc coursc and scopc of thcir cmployment or agency. 6, At alltimcs matcrial hereto, thc mailboxes for the residcnts of Stough's Mobilc Home Park were situated on a concretc pad ncar the cntrance of thc park, and such property was owncd, possessed. controllcd and/or maintained by Defendants, individually. jointly and/or scverally. 7. On or about Dccember 28. 1992, at approximately 6:30 p.m., Plaintiff. who was lawfully on the premises with lawful access to the subject mailboxes, was caused to slip and fall at or ncar the mailbox concrete pad, suffering injuries and damagcs as are morc fully described below. COUNT I PLAINTIFF v. TRUSTEES OF THE TWIGG FAMILY TRUST 8. Thc allegalions of paragraphs 1 through 7 are incorporated herein by reference as if fully set forth at length. 9. Thc aforesaid accidcnt was duc to thc ncgligence, carelessness and rccklessness of Defendants, acting individually. jointly and/or severally, which misconduct included: A. Failing to have proper and adequate Iighling of the subject mailbox area; 2 B. Failing to keep the mailbox area free and clear of dangerous and hazardous materials; C. Failing to warn persons such as Plaintiff of an unreasonable risk of harm from snow, ice and other slippery substances on or about the mailbox area; D. Failing to arrange for and/or perform adequate, proper and complete cleaning and removal of aforesaid slippery substances; E. Failing to salt, cinder or apply stones to the subject sidewalk and mailbox area; F. Failing to have in place and/or enforce proper and adequate procedures and policies for the detection, cleaning and removal of the aforesaid hazardous conditions. 10. As a result of the aforesaid accident, Plaintiff suffered severe and disabling injuries, Including but not limited 10, injuries to her nerves. bones, muscles, joints and fascia. pain and suffering, emotional and mental distress, some or all of which are or may be continuing in nature. II. As a further result of her injuries, Plaintiff suffered lost earnings and/or earning capacity, and has incurred medical bills and expenses, which may be continuing in nature. 12, As a further result of her Injuries, Plaintiff has suffered diminution of activities and loss of life's pleasures, which are or may be continuing in nature. 3 WHEREFORE. l'laintlff demands judgment against Defendants, individually, jointly and/or severally in an amount in excess of $25,000.00, exclusive of Inlerest, cosls and damages for delay. COUNT II PLAINTIFF v. R~OeI'lCY HOMES, INC. 13. Plahlllff Incorporates herein by reference the allegations of paragraphs I through 12 as If fully set forth allength. 14. The aforesaid accident was due to the negligence, carelessness and recklessness of Defendants, acting individually, jointly and/or severally, which misconduct included: A. Failing to have proper and adequate Iighling of the subject mailbox area; B. Failing 10 keep the mailbox area free and clear of dangerous and hazardous materials; C, Failing to warn persons such as Plaintiff of an unreasonable risk of harm from snow, ice and other slippery substances on or about the mailbox area; D. Failing to arrange for and/or perform adequate, proper and complete cleaning and removal of aforesaid slippery substances; E. Failing 10 salt, cinder or apply slones to tile 4 subject sidewalk and mailbox area; F. Failing to have in place and/or enforce proper and adequate procedures and policies for the detection, c1canlng and removal of the aforesaid hal.ardous conditions. 15, As II result of the IIforesaid accident, Plaillllff suffered severe and disabling Injuries. including but not limited 10, injuries to her nerves. bones, muscles, joints and fascia. painllnd suffering. emolional and menlal distress, some or all of which are or may be continuing in nalure. 16, As a further result of her injuries. Plaintiff suffered lost earnings and/or earning capacity, and has incurred medical bills and expenses, which may be continuing in nature. 17, As a further result of her injuries, Plaintiff has suffered diminution of activities and loss of life's pleasures, which are or may be cOlllinuing in nature, WHEREFORE, Plaintiff demands judgment against Defendants, individually, jointly and/or severally in an amount in excess of $25,000.00, exclusive of interest, costs and damages for delay. MORGAN & MORGAN, P.C. DATED: 5' kilw 5 '""i't,,:'" KV< ,. .,;:'(-< . .,.-...-, ,."..-..."'''..,.,-..- ~.' "u lG 2 1U rK 1M Iii " I t lIiI j;, O~ ~\ f.ft" ",I) " ,illY :' 11._'. th:.~ Pt~ ( - 4c),$ j 'r5 ~Ij (1 p. 14-, @ cl L33 I t6f 10847 , '~'7' . "~,,,~....,,,,,,""',",""'~'~ .. , .. " . 1'\ '1 I l " . rI 4 .r"'"--'