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HomeMy WebLinkAbout95-01403 rt) ,I , 0 " f. :t I l() 0- <-0 - -:=;;, j1 d) ( ~ J -;P oJ fn .C - d: . . o Z , d:;' ~;"- " <~ ,< !.':': " '-.J . 'i ,-,'j.- , ",1 ,'~\ "~.':~. 'i~ 1: ,'~ COMMONWEALTH OF PENNSYlVANIA COURT OF COMMON PLEAS Cumberland JUOICIAL OISTRICT NOTICE OF APPEAL 3 j20/q S- FROM 09-1-02 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, q 5' - I '-It) 3 Cu~ ~ NOTICE OF APPEAL Notice IS !jlven Ihitt the appellanl has filed in the above Court of Common Pleas an appeal horn the jUdgment rcndcfl'd bV the District Justice on the date and In the caSe mentioned below. ~D.~a~~.L~~"' John A. Pringle MAli. Din. "G. 0.. ...."'. 0.. D.,. ADD"... OP ......~L""., Robert V. Manlove cnl' .1'ATa ".. coo. D"'. g.. 'UDIIM....' Camp Hill PA 17011 'I...~,..,~.,. CLA.'" "0. John A. Prin Ie rough of Camp Hill TOlt"." gilt .....,. ~!>.,' CV 19' '9'4 0000433 IT 19 This hlock will be signed ONLY when this notillion is required under RC,P,J,P, No, 10088, This Notice of Appeal, when received hV the District Justice, Will operate as a SUPERSEDEAS 10 the judgment for possession in this case. , Attorney for Appellant SlIjn.JrUfe 01 PflJlhOflOldfY 0' Deputy If appel/ant was Claimant (see Pa, R,C,P,J,P, No, 100/(61 in action before District Justice, he MUST FILE A COMPLAINT within twenty (201 da."s after filing his NOTICE of APPEAL, PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE IThis section of lor", to be uscd ONL Y when a"pel/allt was DEFENOANT (see Pa, R,C,P,J,P, No, /00/(71 in xtion before District Justice, IF NOT USED, detach fro", cop." of lIotice of appeal to be served upon appel/eel. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. Ndme of dpp.llee(s' ) within twenty (20) days after service of rule or suffer entry of judgment of non pros, ,appell.els), to file a complaint in this appeal , RULE: To S"lIn~tu", of ap/HIIMI' Or hi, ,,'family or d9flnt Name of .JPlHllee(s} , appelleelsl 111 You are notified that. rule is hereby entered upon you to file a complaint in this appeal within twenty 1201 days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, (3) The date of service of this rule if service was by mail is the date of mailing, Date: ,19_ Signllru,. of ProthonOIIl'l' or Deputy .., ", ~7<> $l:>~ v3~ ~- 2S ... ~ ~ '"'~~ u.. """ ' -, c ~ ~ l~ ~~$ ..r ~ ' .....,~ <= '1.:;-., n::,r' " _n':" :1".1. ," \'~:.. " .- ...., -j':. . '_';J..: '"9. h.o:")~),~ .'. ~.;Z ("":\ ';;'-."'} ,:, ...,,-., ..f; ~.... f! ~ ~~) VI ... ~, ::.:: ~ -"......- ---..... ';:.~.,. .',,- PHOOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (llil~ woof of ;('rVlu_' Musr fir FfLfD a.l1T1I/N FIVI (:',1 OA -.'S Af- rrh' "llny tIlt' nut;u' 01 'I,/waf ClJi'r:J... .JfJI1/'c.,h".olJo,H':i/ COMMON\ft-JtAL TH or ,'ENNSYLVANIA COUNTY OF____.~___~_____ ~___._ . \Ii AFFIDAVIT: I ht~rdJ'{ ~Wt~.1l IJ: ,df;11l1 lh;jl I ~l~I'.I~d .1 CIIP'.- of tlH' N0111.;Il id,Jtr.'lJfsl,'{i/rrt'L_ _ " u1 ApPt~"I, G~Jf\H~IOII P;I~;IS ,_,",19..,_, No..._~____,,~_, upn/l [J LJy plnson,ll ~l:l viei' r ~. ' lht' b(~I!.~lJll'''1ICI'\Jt'\'ltlll<l1HJ Iht'II!'" on "'1 h'{ (n'ctl'u;dl (ll:giS1t:rtll;) tI'."I. ~1:nUl'r"l 'l'!'hpl .jII,ji"l1nl rH"jhJ. .llld upon ttll' .llllld!"l'. (1Ie//lil') _ __" on ...., Ig hy P,q :'.1'1'td~ ~t' V u' j h, IfI!ll,Ledl h,'q,,>ILll'dlll1.1d, !;i:hdtlf'1. ft~Ceip' att;Jr.hf!d ht'n!fO ..;fld furthf:l !IMI I '>f:rv"d till' rhih' 10 f d.l ,: COlHpl.tHtt ot(t~olllfhjnyqHI Ih" "ho"~ NOl.n! 01 ApIWcil'"I_h}11 till' a",;dfl~t'l"l 10 '.\ho:n !!w nidi' \\,,', oIlldp),,~"d 011 . __.. 19 1--' hv P\'I',oll,1I ll~'\i;C" i : hV (Cf!l1dil:'r!) fn:ql..'orl:dl m.ll!. ~f!rl(IN'<; rCf,n'llf ,Ht.1Clwrl hNl'ro SWlJllN lHI5 IAH IHMEDI AND SUBSCIlIBED BE f Dill; t.1E ,....... nAY OF,.... .._.__,1U..__ -.--.-----.--- SI!}".ltutf:ol"ft,,,,u. S'"rI,ttll'" ", nr',{ ,Ii tJ. 'tl"" v-./Ium ,IU"/,'VI' .\';/\ Inlllt! __"___.." - .'_. _,.'~_,_.___"_.__~_,,__'__,", ..,-__,_,_0,- r.rl,' ('II ull,,.,,,} My r:1JllHn'~~,IJll ""(1111..., Oll__"____,_~, 19___.. ...- ~','" _" h, ~__ ./ . ...""0 - . -.-,-,,---....;.-- - ~._;_..- -...-.-.-,-- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (r II/s ,.:00101 sf.'n-wt' MUST HE FILFO ~VITlIIN FIvE (.t;llJ4 rs AI" 1 ['.',' !Jill!! tht> {/U[.'U;' of <II/Pt>.ll OWl./-.. .lIJPIit:./hltJ IIO\f_IS) COMMOM'ytALIH or PENNSYLVANIA COUNTY OF .__.__Di\yPHPL_,______,__,__;" AFFIDAVIT: I h,,'d)'. ',\.\i"I' I!! ,JfLrllllhJt I", .,..,:d x d "":P')' of Ihi' 'Notlcl.' 01 ,'PIll:,ll, CUlI1lTlllll PI"""... (,/,110' 01 ",,,,,.,,1 March 20. 1H 95._, Civil Nu 95~J403.._, \Ip~)!l ItH' !)'olrH:1 Jll"t,t:l' dl''lIUlh1tt,d llicllllll nil L 1 U'( jh~l:'(JIl,J! _~I'I.t:t~ ,XI hy (L";lllfll.'dl ('U~JisttHt'(H m;I'I. ~~nJI"I", Borough of Camp H 11 " . ..... ..... ,..,.. ,u, ~; Ij'1' /1',:11 leI'd: (t'!1j <_fl".:(Ii t!Hd, "icFlde"!, rl!ceipt ltttached l't'fl~tCl I"ll-,pt .11l,uh('d iH'II.!.,.,nd upon ilw ilPlJdl,~t" (-UII'!..') March 20 __, 19 ~?__. II',' 11I'1~1)!',I: ',"1':.(...- ."uJ hllt/H'r fl).!l I "I"\ll'd thl' H\I!t. !ll "dl~.1 (;(HIII)',IIII, ,1(1:1"'lP;HI't'fT~1 Ihl! ,1(JllIN' NOI"'f' III ApPt'itl IlPOtI1h(1 apnL'lli:f~hllo .'.lh>;TI nll' fhd~' \\,,1', dddl"~""!! (dl ~___. 10 l j II,' P"f'lJ/l,jl "'I\:f.l' i by (CI~ltlht!d' (f.!qlst(~rl~dl Illil:l, r,,~'\CI'~"5 1('Cpipl ~ltI<H'h"d tWt!'ln S\VOHN iM f-IH~.l[1J1 AND SIJlj~;CIiIHH) BIH1Hf' I.ll THIS ,::;!,O'1A.p !lAY llr':7>'[aI\CN . .., 1fl'/5. s",,~.~'f::Af:2 /2;; ,/!~:J,_ - ~t<r ..p~-~_ _ T,t/"IlI"lr",' ~ Mv I lHIT'" ," ()',! "PI(.... 1)11___ ~'1:~:3_f.._. 19_!l1. ~~~~~~iSI~""'C"I.II(drf ~-_., Not"I~i.l1 ~oal Jacqt10tyn A. i:f}ltI(HnO~er, l"lotJry PubHc Hilrrt~bUlG. Oauphin County f.,',y Ctmlm!sginn EJ(pi1C5 Jml. 29, 1l:)~9 ""\f"fT'.her. POrYlSy'''iU''li<.Ifl3GOOlllJon cf NCOfiErS .. ., "...Q':- c:'" "'tl:\; ~:~ ma.n -- '" .rP.,r'lj::' -.::c;::-"".'.,'" V,I' .- ;,_ ,;:~:::':" ~ - t"-'::;t. ""'t i- ~~o"" :r :., x: ,5 ... ...:";r>r: ;;; -<4 -"" -<<~ 'j!= ... ...... ,I'.) w .co ;J - - &II 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 import antes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONA A LA OFICINA CUYA DIRECCION CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 ~~ ,~ JOHN A. PRINGLE, Plaintiff Defendant I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95-1403 CIVIL I I CIVIL ACTION - LAW I I I v. BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT 1. Plaintiff is John A. Pringle, 2100 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is the Borough of Camp Hill, Cumberland County, Pennsylvania, a municipality. 3. Plaintiff is the owner of the residential premises, situate at 2100 Chestnut Street in the said Borough. 4. Sidewalk and curbing are maintained by the owner, at his expense, and along the Twenty-First Street side of his said property. 5. During the period of on or about January 28, 1994 through February 2, 1994, after several periods of heavy snowfall, and after Plaintiff had cleared a sufficient portion for pedestrian traffic along the said Twenty-First Street sidewalk, Defendant Borough, by its servants, agents or employees, using a large tractor, or backhoe, or bull-dozer, or other piece of heavy equi.pment, removed the snow from said sidewalk and curbing on the Twenty-First Street side of Plaintiff's premises, in a negligent and careless manner, and piled the snow in Plaintiff's yard and on top of the shrubbery thereon situate. 6. During the course of the snow removal on the several occasions as aforesaid, Defendant, with its heavy equipment, negligently and carelessly caused or permitted substantial destruction and damage to Plaintiff's sidewalk, curbing and shrubbery. 7. Removal of the snow from the Plaintiff's property in the aforesaid manner was unnecessary and unwarranted under the circumstances. 8. Defendant Borough, by its servants, agents and employees, was negligent in entering upon Plaintiff's property to move snow when such removal was not necessary. 9. Defendant was further negligent in using equipment that was too heavy and otherwise unsuitable for the purpose intended. 10. Defendant was further negligent in causing the use of said heavy equipment, and particularly the blade or bucket thereof, in such improper manner as to unnecessarily scrape and gouge the surface of the sidewalk so as to destroy the surface thereof to a depth of several inches. 11. Defendant was further negligent in causing sections of curb and of turf to be dislocated and disturbed. 2 12. Defendant's aforesaid negligent and careless conduct caused substantial damage to Plaintiff's sidewalk, curbing, shrubbery and turf, necessitating that Plaintiff incur substantial expense in the repair and restoration of same. 13. Plaintiff made demand upon Defendant to perform the necessary repairs and restoration, which it failed and refused to do. 14. Thereafter, Plaintiff caused the necessary repairs and restoration to be made and was reimbursed for the cost of his repairs and restoration by his homeowner's insurance company, except for the first $500 thereof, which was Plaintiff's responsibility under the deductible clause of his policy. 15. Plaintiff again made demand upon Defendant Borough for reimbursement of the sum of $500, being the out-of-pocket expense which he incurred as a result of Defendant's negligent and careless damage to his property, which sum Defendant has persistently failed and refused to pay. 16. Further, it is averred that Defendant's removal of snow from Plaintiff's property in the manner which it was performed was an intentional and grossly negligent act of trespass upon Plaintiff's property without his consent, and was accomplished in such a wanton manner as to entitle Plaintiff to punitive damages. 3 .. . LAW OI'I'ICBS 01' ROOD T. MARGOLIS BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney I.D. No. 44855 JOHN A. PRINGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1403 CIVIL CIVIL ACTION - LAW BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, Defendant JURY TRIAL DEMANDED TO THE HONORABLE JUDGES OF SAID COURT: PRELIMINARY OBJECTIONS 01' DBI'ENDANT. THB BOROUGH 01' CAMP HILL. TO THE PLAINTIFF'S COMPLAINT AND NOW, comes the Borough of Camp Hill, by its attorney, Frederick W. UlriCh, Esquire, and files the within Preliminary Objections based on the following: 1. The above-captioned action was commenced on November 18, 1994, by the filing of a Complaint before District Justice Robert V. Manlove, in Magisterial District 09-1-02. 2. The Plaintiff's cause of action stems from the snow removal efforts of the Borough of Camp Hill during the winter of 1993-1994 and alleged residental property damage caused thereby. 3. In his District Justice Complaint, the Plaintiff souqht payment for a deductible paid by him for the repair and replacement of his sidewalk. 4. On February 7, 1995, a hearing/trial was held before District Justice Manlove in the above-referenced matter. 5. After hearing the testimony of the Plaintiff and EdWard J. Knittel, the Borough Manager for Camp Hill, on February 16, 1995, District Justice Manlove entered judgment for the Borough of Camp Hill. 6. On March 20, 1995, the plaintiff filed a Notice of Appeal to This Honorable Court from a judgment entered by District Justice Manlove. 7. On April 10, 1995, the Plaintiff filed his Complaint in the above-referenced matter. I. PRBLIKIHARY OBJECTION TO PLAINTIFF'S ~ DAKNUM CLAUSE REQUEST FOR PUHITIVE/EXBHPLARY DAMAGES: KOTION TO STRIKE OR, IN THE ALTBRHATIVE, KOTION FOR DBHURRBR PURSUANT TO PA.R.CIV.P., RULE 1017, 42 PA.C.S.A. 8. Averments 1-7 are incorporated by reference as if more fully set forth herein. 9. The Complaint filed by the Plaintiff with This Honorable Court requests, inter iliA, reimbursement for the Five Hundred ($500.00) Dollar deductible paid by the plaintiff for the repair (~ averments 14-15 of the and replacement of his sidewalk. Plaintiff's Complaint). 10. Additionally, in the Plaintiff's most recent Complaint, for the first time, he sets forth a claim for punitive damages based on the Borough of Camp Hill's snow removal efforts during the winter of 1993-1994. (Plaintiff's Complaint at averment 16). 11. Specifically, the Plaintiff's punitive/exemplary damage claim sets forth the following predicate in support thereof: (16.) Further, it is averred that Defendant's removal of snow from Plaintiff's property in the manner which it was performed was an intentional and grossly negligent act of trespass upon Plaintiff's property 2 without his consent, and was accomplished in such a wanton manner as to entitle Plaintiff to punitive damages. 12. The Plaintiff's request for punitive relief is statutorily precluded by virtue of the Limitations on Damages provisions in the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. S8553, which provides: (a) General rule. Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section. (b) Amount. recoverable. Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $500,000 in the aggregate. (c) Type. of loss.. recoqni..4. recoverable only for: (1) Past and future loss of earnings and earning capacity. Damages shall be (2) Pain and suffering in the following instances: (i) Death; or (ii) only in cases of permanent loss of bodily function, permanent disfigurement or permanent dismemberment where the medical and dental expenses referred to in paragraph (3) are in excess of $1,500. (3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant. (4) Loss of consortium. (5) Loss of support. (6) Property losses. 3 (d) Insurance ~eD.fits. If a claimant receives or is entitled to receive benefits under a policy of insurance other than a life insurance policy as a result of losses for which damages are recoverable under subsection (c), the amount of such benefits shall be deducted from the amount of damages which would otherwise be recoverable by such claimant. As Section 8553 does not provide for the recovery of 13. punitive damages against a local agency, such as the Borough of Camp Hill, no such recovery is permitted. 14. The Limitation on Damages provisions in the Political Subdivision Tort Claims Act are strictly construed in favor of the local agency and viewed in their narrowest form. 15. The Plaintiff's request for punitive damages against a municipal entity has never been sanctioned under either the common law of this Commonwealth or, for that matter, the common law of virtually every state in the United states. 16. The Plaintiff's request for punitive damages conflicts with the reasoning underlying exemplary relief and is violative of pUblic policy. WHEREFORE, for all foregoing reasons, the within Defendant, the Borough of camp Hill, respectfully requests This Honorable Court to dismiss and/or strike the Plaintiff's request for punitive/exemplary relief as the request is devoid of a basis in law. II. lIRBLINIHARY OBJECTION TO lILAIIITII'I"S REQUEST I'OR lIUNITIVB/ BXEJIlILARY RELIEl'a NOTION TO STRIKE I'OR LACIt 01' COHl'ORMITY WITH lIA.R.CIV.lI., RULI 1019, 42 PA.C.S.A. 17. Averments 1-16 are incorporated by reference as if more fully set forth herein. 4 18. In ASi damnum portion of his Complaint, the Plaintiff request exemplary relief as follows: (16. ) Further , it is averred that Defendant's removal of snow from Plaintiff's property in the manner which it was performed was an intentional and grossly negligent act of trespass upon Plaintiff's property without his consent, and was accomplished in such a wanton manner as to entitle Plaintiff to punitive damages. 19. Though the punitive damage assertion by the Plaintiff incorporates the boiler plate incantation of "intentional" and "wanton" conduct, the Plaintiff's Complaint is otherwise bereft of a material factual foundation supportive of the relief requested. 20. Rule 1019(a) and (f) provide: (a) the material facts on which a cause of action or defense is based shall be stated in a concise and sUlDIDary form. , I l (f) averments of time, place and items of specialty shall be specifically stated. 21. In order to recover punitive damages, the Plaintiff must demonstrate that the Defendant acted with actual, express or legal malice. 22. Punitive damages are awarded against an individual to punish him/her for outrageous conduct and to deter him/her from similar conduct in the future, the operative element is the "outrageousness" of the behavior. 23. Punitive damages cannot be awarded for misconduct that constitutes gross negligence, ordinary negligence, such as inadvertence, mistake or an error of judgment. 24. The mere recital of "buzz words" sounding in exemplary damages is insufficient as a foundation upon which to maintain 5 punitive relief. 25. As a factual and, perhaps, legal matter, the Defendant Borough's snow removal efforts during the most severe winter in terms of snow and ice of this century cannot meet the threshold pleading and proof standard necessary for showing the requisite malice and outrageousness. 26. Without the required factual foundation and with conduct that sounds in ordinary negligence, i.e., simple snow removal, the Plaintiff's request for exemplary relief is, itself, outrageous. WHEREFORE, the within Defendant, the Borough of Camp Hill, respectfully requests that This Honorable Court strike the portion of the Plaintiff's Complaint that seeks punitive/exemplary damages. Respectfully submitted, LAW O..ZCB8 O. ROGBR T. HARGOLZ8 By(?t'/{'cJL- FREDERICK W. ULRICH, ESQUIRE , '. (Attorney for Defendant, The Borough of Camp Hill) 6 PRAECIPE FOR LlSTI:>IG C.-\SE FOR ARGt:~IENT \:Vlust be typewritten .llld 5ubmitted in duplic::lte. TO THE PROTHONOTARY,OF Ct::VIBERL.-\.'iD COl.:NTY: Ple:lSe !isl the within mUller far :he ne:tt: n - P:e- T:i:1.i ..vgum~nl C QUll iXl '-- ,.vgum~nl CQUll ------------------------------------------- CAP'T10N OF C.~E (enlin capllon muu be slaled in lUll) JOHN A. PRINGLE, (Pl:linlifO Vs. BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, (Deiendanl) YS, SQ, 1403 CMI I 9 ...!.:.. I, SUle maner 10 be :IrJIIed (L ~" pl:linllfrs mollon for new trilll. defendanl's demurrer to ~ompl:linl. elC.): Defendant's Preliminary Objections ~o the Plaintiff's Complaint and the form of a Motion to Strike andlor in the Alternative, a Demurrer. Identify cOWlSel wno wlll argue ~:ISt: .. -. (a), for jll:linllfi: G. Thomas Miller, Esquire Address: P.O. Box 709, 105 Locust St., Harrisburg. PA, 17108. (b) lor deiendanl: Frederick W. Ulrich, Esquire Address: 6400 Flank Drive, Suite 900, Harrisburg, PA, 17112. 3, I wlll nOllfy :Il1 parties in ....riling wd:in r,vo days :hal :his ~:lSe h:lS been Usled for :IrJIIm~nl. _ 4. Argument Court Date: Call of Argument List May 31, 1995 Date:,,'!) " . />7/ (;1 .- // ,'t..l~ -I,,~/riey for Defendant Dated: -.,.. ...- -.: t....l c....: ,'," - w t". -t .=:: c..O V'1 '~I ',' .- -~-._- -.-- ~-:'." ......"'~ -' ....--.. o 0.., ~..~ "r1'I~~ rT\ f',,- ::r:~""'fl %;- '!~t;'f V1J-b~ ....o(z,-i..., ~O~::! ~(")Z:n Zoo CI tn -c=... 1I>z).- ::?< s- c: .... ~ - ~ -a ::IC - ~ LAW OWWZCBB O~ ROGBR T. MARGOLIS BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, Suite 900 Harrisburq, PA 17112 (717) 541-8990 Attorney I.D. No. 44855 JOHN A. PRINGLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 95-1403 CIVIL . : BOROUGH OF CAMP HILL, . CIVIL ACTION - LAW . CUMBERLAND COUNTY, PA, . . Defendant . JURY TRIAL DEMANDED . NOTICE TO PLEAD TO: Plaintiff John A. Pringle c/o G. ThoMas Miller, Esquire MILLER AND MILLER P.O. Box 709 105 Locust Street Harrisburq, PA 17108-0709 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, LAW OFFICES OP ROGER T. MARGOLZS DATE: "\ h.\'\s BY~ (...J ~ FREDERICK W. ULRICH, ESQUIRE , (Attorney for Defendant The L--/Borough of Camp Hill) LAW O~~ICES O~ ROGER T. MARGOLIS BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney I.D. No. 44855 JOHN A. PRINGLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1403 CIVIL v. BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OP THE BOROUGH OP CAMP HILL TO PLAINTIPP'S COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. s. Denied. It is specifically denied that Answering Defendant's snow removal efforts during the worst winter in Pennsylvania's recent history were negligent and careless. As to the remainder of this averment, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this portion of the averment and accordingly denies the same. 6. Denied. It is specifically denied the Defendant negligently and carelessly caused or permitted substantial destruction of the Plaintiff's sidewalk, curbing and shrubbery. To the contrary, the deterioration of the plaintiff's sidewalk was due, in significant part, to the age of the sidewalk and the Plaintiff's efforts to patch the sidewalk over a number of years. 7. Denied. It is specifically denied that the snow removal efforts of the within Defendant during the worst winter in Pennsylvania's recent history were unnecessary and unwarranted under the circumstances. 8. Denied. This averment constitutes a statement or conclusion of law to which no response is required under the Pennsylvania Rules of civil Procedure. 9. Denied. It is specifically denied that the snow removal equipment employed by the within Defendant was unsuitable for snow removal. It is also specifically denied that the equipment employed by the within Defendant for snow removal was "too heavy" for the purpose intended. 10. Denied. The deterioration of the Plaintiff's sidewalk was due, in significant part, to its age and the Plaintiff's efforts at patching or repairing the sidewalk over a number of years. It is specifically denied that the within Defendant's equipment caused the damage as alleged by the Plaintiff. 11. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and accordingly denies the same. 12. Denied. This averment constitutes a statement or conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that this 2 averment could in any way be deemed factual, after reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and accordingly denies the same. 13. Admitted in part and denied in part. It is admitted that the Plaintiff demanded that the within Defendant install a new sidewalk and curb for the Plaintiff. However, the within Defendant decided to not install a new sidewalk and curb for the plaintiff as the deterioration cited by the plaintiff was not caused by the within Defendant's snow removal efforts. 14. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and accordingly denies the same. 15. Admitted in part and denied in part. It is admitted that the Plaintiff made a demand upon the within Defendant for the payment of $500.00. The remainder of this averment constitutes a statement or conclusion of law to which no responsive pleading is required under the Pennsylvania Rules of civil Procedure. 16. Denied. This averment constitutes a statement or conclusion of law to which no responsive pleading is required under the Pennsylvania Rules of civil Procedure. WHEREFORE, the within Defendant, The Borough of Camp Hill, respectfully requests Your Honorable Court to enter judgment in its favor and against the Plaintiff together with such other relief as deemed just and appropriate. 3 NEW MATTER PURSUANT TO PA.R.C.P.. Rule 1030. 42 PA.C.S.A. 17. The Borough of Camp Hill is a governmental entity within the meaning of 42 Pa. C.S.A. 58501. 18. The Plaintiff's cause of action against The Borough of Camp Hill is barred because of the District's governmental immunity under 42 Pa. C.S.A. 58541, ~. ~. 19. specifically, Plaintiff's claims are barred by reason of the fact that his claims against The Borough of Camp Hill, do not fall within any of the exceptions to governmental immunity as set forth in 42 Pa. C.S. 58542. 20. Alternatively, if it is found that The Borough of Camp Hill is not immune, then its liability is limited under 42 Pa. C.S.A. 58553 and 5333 of the Act of October 5, 1980, No.1, 42 P.S. 520043. 21. Plaintiff's claims are barred by reason of Plaintiff John A. Pringle's negligence, which negligence was the cause of his damages claimed. 22. The causal negligence of Plaintiff John A. Pringle was greater than the total negligence, if any, of all other parties and accordingly, any recovery by Plaintiff is barred or must be reduced in accordance with the Pennsylvania comparative Negligence Act, 42 Pa. C.S. 57102. 23. The Plaintiff's sidewalk and curb deterioration was due, in significant part, to the age of the sidewalk and curb and the Plaintiff's efforts to patch the sidewalk over a number of years. 24. The Borough of Camp Hill committed no acts which could be , i I I I ,i I' 4 construed as negligent or in breach of any duty owed to the Plaintiff. Plaintiff's Complaint fails to state any claim against The Borough of Camp Hill upon which relief may be granted. WHEREFORE, Defendant, The Borough of Camp Hill, demands judgment in its favor and against the Plaintiff. Respectfully sUbmitted, LAW OFFZCES OF ROGER T. MARGOLZS I I I I I I I I ~ BY' "W~ 'FRED ICK W. ULRICH, ESQUIRE L-(~t~orney for Defendant, The Borough of Camp Hill) 5 LAW O~~ICBS O~ ROGBR T. MARGOLIS BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney 1.0. No. 44855 JOHN A. PRINGLE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1403 CIVIL v. BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PROOP OP SERVICE The undersigned, as counsel for Defendant, the Borough of Camp Hill, hereby certifies that on this day, a true and correct copy of the foregoing document, Answer with New Matter, in the above-captioned matter, together with this certificate of Service, were sent by first class mail, postage pre-paid, to the following counsel of record: G. Thomas Miller, Esquire MILLER AND MILLER P. O. Box 709 105 Locust street Harrisburg, PA 17108-0709 DATE: ~-:--k' " :?i /a.)/(; FREDERICK W. ULRICH, ESQUIRE (Attorney for Defendant, Borough of Camp Hill) 4h\C{':, -,-' N In LV ...., ;::JC: t7\ ..,(J .. ~ .... l/) "' "'" A. .e ~. ;.~~ 7~ 1 ,~,; ~.: I . ~,;;.~~:. ~:Cl~;~, ';~'~')~ ':") ",:.-l..:i;.. ':;(" -( . _:.,... -(oJ' .....::< t-) UW OJ'J'ICIIS OJ' ROOD T. MARGOLIS BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney I.D. No. 44855 JOHN A. PRINGLE, IN THE COURT OF COMMON PLEAS OF plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 95-1403 CIVIL . . . BOROUGH OF CAMP HILL, . CIVIL ACTION - LAW . CUMBERLAND COUNT,Y, PENNSYLVANIA, . . Defendant . JURY TRIAL DEMANDED . CERTIFICATE OF SERVICE I, FREDERICK W. ULRICH, attorney for the Borough of Camp Hill, hereby certify that an original and two (2) copies of Defendant's First Set of Limited Contention Interrogatories, Defendant's Expert witness Interrogatories, and Defendant's Request for Production of Documents and Graphic Records addressed to Plaintiff in the above-captioned matter was served upon G. Thomas Miller, Esquire located at MILLER AND MILLER, P. O. Box 709, 105 Locust street, Harrisburg, PA, 17108-0709, by placing same into the - general delivery mail on this ~ day of September, 1995. Respectfully submitted, BYf~U7,' (....i..-/ FREDERICK W. ULRICH, ESQUIRE LAW OFFICES OF ROGER T MARGOLIS 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney I.D. No. 44855 LAW OI'I'ICBS 01' ROOD T. MARGOLIS BY: FREDERICK W. ULRICH, ESQUIRE 6400 Flank Drive, suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney I.D. No. 44855 JOHN A. PRINGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1403 CIVIL BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PROOF OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing document upon the attorney-of-record and in the manner indicated below, which service satisfies the requir~ments of Pa. R.C.P. 440 and related provisions: Service bv First-Class Mail Postaae precaid. Addressed as Follows: G. Thomas Miller, Esquire MILLER AND MILLER P. O. Box 709 105 Locust Street Harrisburg, PA 17108-0709 (Attorney for Plaintiff) I i , I I I I , c/It,.\,\s .1{")(0(/( L FREDERICK W. ULRICH, ESQUIRE LAW OFFICES OF ROGER T MARGOLIS 6400 Flank Drive, Suite 900 Harrisburg, PA 17112 (717) 541-8990 Attorney 1.0. No. 44855 .. ,,>C ",,'" '11:r-i ,'"1"1 n" ,~.. . ;eft) 14; ,""l ~ ~~ ".!;; .....: l'. ;:~ t:l ,- J! . , O(~0 M-f"'" ~. ::r:: "'" ~.~~~ J"_':'::';"'')~ ~,...''l -p~ ...,'" -< ~ .... - t.c N VI .... ~ c.C V'l -. . " , ,,-.', , ! U. '. , "l , ..,') ,"i. " i :"'.; '~~J ! .' , .', , ;.... ! I , ->1 cj :..l ., ill , - .' .. " .