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Home My WebLink About94-06585 il I ~I . ~ I 7'1 " \ " )-... I ' l.- S \ '~ \ ~" ) 1 I ' J' ! I. ! ! , ~. i 1 , I l i \1"\ : :~ I !, \r) t~ , i I ~; . O! <I I I SCOTT HENRY and DEBORAH HENRY Parent. and Natural Guardians of JOSIAH HENRY, A Minor, Plaintiffs . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. civil Action - Law No. qtr US'~S ~<).~- : . . . . v. . . HID-ISLAND PROPERTIES, INC. and CAMP HILL SHOPPING MALL ASSOCIATES, . . Defendants JURY TRIAL DEMANDED 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA l7013 (717) 240-6200 41l841/CII SCOTT HENRY and DEBORAH HENRY Parent. and Natural Guardians ot JOSIAH HENRY, A Minor, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. civil Action - Law No. v. KID-ISLAND PROPERTIES, INC. and CAMP HILL SHOPPING MALL ASSOCIATES, Defendants JURY TRIAL DEMANDED NOTICIA La han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita BUS defensas 0 sus objectiones alas demandas en contra de su persona. See avisado que si usted no se dufiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. sr NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCrON SE ENCUENTRA ESCRITA ABAJO PARA AVERrGUAR DON DE SE PUEDE CONSEGUIR ASrSTENCIA LEGAL. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 488411t11 SCOTT HENRY and DEBORAH HENRY Parent. and Natural Guardians of JOSIAH HENRY, A Minor, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. civil Action - Law No. v. MID-ISLAND PROPERTIES, INC. and CAMP HILL SHOPPING MALL ASSOCIATES, . . . : JURY TRIAL DEMANDED Defendants COMPL~INT 1. plaintiffs Scott and Deborah Henry are the parents and natural guardians of Josiah Henry, a minor, and reside in Dauphin county, Pennsylvania. 2. Defendant Mid-Island Properties, Inc. is a corporation doing business in Pennsylvania, which at all times owned, and may have controlled and possessed the buildings, sidewalks, and parking areas known as the Camp Hill Shopping Center. 3. Defendant Camp Hill Shopping Mall Associates is a general partnership, leasing the ground on which the Mall stands from Mid- Island Properties, Inc., which operates the Mall, and which therefore at all pertinent times controlled and possessed the buildings, sidewalks arid parking areas known as the Camp Hill shopping Center. 4. On or about January 29, 1994, Josiah Henry arrived at the Defendant's property during business hours. 5. Plaintiff Josiah Henry entered and exited Defendant's property at its main entrance, and on the way out, stepped off of the curb on~o a patch of ice, slipped and fell. 55823/CV 1 6. Although no snowfall or significant ioy precipitation had occurred in two days, the parking lot area had not been adequately cleared of snow and ice hazard for the benefit of its invitees, such as Josiah Henry, nor had it been adequately maintained to prevent foreseeable ice hazards. 7. All of Plaintiffs' damages, as hereinafter related, are the direct and proximate result of the negligence of Defendants in that they: a. failed to have the parking and sidewalk areas ade~~ately cleared of ice and snow for the protection of its invites I b. failed to properly salt the road and walkways to prevent accumulation of ice and refreezing of water into icel c. failed to post proper and adequate warnings for the benefit of its invitees of the hazard which the ioy spots posed; and d. failed to have adequate lighting available so that patrons could see any ice accumulated on the roadway. S. As a result of Defendant's negligence, Josiah Henry sustained severe injuries, which include but are not limited to the following: a. damage to anterior cruciate ligament, right kneel b. displaced peripheral tear, medial meniscus, right knee; 2 c. Grade IV chondral fracture, lateral femoral condyle 1 d. Grade III stellate chondral fracture and post- traumatic chondral blister, lateral tibial plateau1 and e. significant internal derangement, right knee. 9. As a result of the aforementioned injuries, Josiah Henry may in the future sustain a loss of earnings and a diminution of earning capacity, and claim is made therefor. 10. As a result of the aforementioned injuries, plaintiffs were forced to incur medical expenses in an effort to restore Josiah Henry to health, and because of the nature of his injuries, Plaintiffs and Josiah Henry may be forced to incur similar expenses in the future, and claim is made therefore to the extent permitted by law. 11. As a result of the aforementioned injuries, Josiah Henry has undergone and in the future will undergo great physical and mental pain and suffering, great inconveninnce in carrying out his daily activities, loss of lifi/S pleasures and enjoyment, and claim is made therefor. 12. As a result of the aforementioned injuries, Josiah Henry has been and in the future will be subject to great humiliation, embarrassment and disfigurement, and claim is made therefor. WHEREFORE, Plaintiffs demands judgment in excess of TWenty Thousand ($20,000.00) Dollars, exclusive of interest and costs and 3 :VERIFICATION We, Scott Henry and Deborah Henry, Parents and Natural Guardians of Josiah Henry, a Minor, hereby verify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of our knowledge, information and belief. We understand that any false statements therein are made subject to tll.a penalties of l8 Pa. C.S. ~4904, relating to unsworn falsification to authorities. -= Dated: JI-/-Y-fV 3ZT03/PJK <23 I~ ~~~ \) ,",J \ ',- ^', ('(l I ,~~ "', I'~ AI - ,~ - '- '...t- -- ~ ,~ ,':-:' a~ ~~~ " ""'-- c..itu~ II: ffi;:: _ IDffi!z~ ~ ~~~~I~ o i= '" _ ;:ollo:~ E Scam 2!; ~ a: Cl5l~ ~ or:l: . ~ '. . 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