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SAMUEL SCOTT,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
HOOKE AND SUTER,
Defendants
NO. 96-0352 CIVIL TERM
AND NOW, this ,<< day of June, 1996, upon consideration of
the Motion of Defendant Hooke and Suter To Compel Discovery by
Samuel Scott, a Rule is hereby ISSUED upon the Plaintiff to show
cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
J
Lenora M. Smith, Esq.
1205 North Second Street
Harrisburg, PA 17102
Attorney for Plaintiff
David L. Schwalm, Esq.
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
Attorney for Defendant
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SAMUEL SCOTT,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-352 CIVIL TERM
Plaintiff
v.
HOOKE AND SUTER,
Defendant
CIVIL ACTION - LAW
RULB TO SHOW CAUSB
AND NOW, this
upon consideration
.)'11. day of ., ~ .
of the attac~Motion of~efendant
_, 1996,
Hooke and
Suter, Plaintiff Samuel Scott is hereby ordered to show cause
within ~~ da;f .loot%;II"ihe Defendant's Motion should not be
^'
granted.
J.
SAMUEL SCOTT,
IN THE COURT OF COMMON PLFAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-352 CIVIL TERM
plaintiff
v.
HOOKE AND SUTER,
Defendant
CIVIL ACTION - LAW
ORDER
AND NOW this
day of
, 1996,
upon consideration of the attached Motion of Defendant Hooke and
Suter to Compel Discovery, Plaintiff Samuel Scott is hereby ordered
to answer Interrogatories of Defendant Addressed to Plaintiff
Scott, and to respond to Defendant Hooke and Suter's Roquest for
Production of Documents within twenty (20) days of this Order.
If plaintiff Scott fails to timely comply with this order,
Defendant Hooke and Suter shall be precluded from offering
testimony at the trial of this case.
BY THE COURT
J.
j
SAMUEL SCOTT,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-352 CIVIL TERM
v.
HOOKE AND SUTER,
Defendant
CIVIL ACTION - LAW
MOTION OP DEPENDANT HOOKE AND SUTER TO
COMPEL DISCOVERY BY SAMUEL SCOTT
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, Defendant Hooke and Suter by its attorneys, Thomas,
Thomas & Hafer, avers as follows:
1. This case filed on behalf of Plaintiff involves an alleged
slip and fall at the Colonial Square Complex on January 30, 1994.
2. On or about March 11, 1996, Defendant Hooke and suter
served Interrogatories and Request for Production of Documents upon
Plaintiff Scott. A true and correct copy of the letter serving
said discovery is attached hereto as Exhibit A.
3. On May 9, 1996, Defendant's counsel requested Plaintiff's
counsel to respond to the discovery so that the above matter could
move forward promptly. A true and correct copy of said letter is
attached hereto as Exhibit B.
4. As of this date, Plaintiff Scott has not filed a response
to the Interrogatories or Request for Production of Documents.
5. Plaintiff Scott's failure to respond is in violation of
the Pennsylvania Rules of Civil Procedure.
o.~"...,~~.",
6. Plaintiff Scott has demonstrated a willful disregard of
his discovery obligation in violation of the Pennsylvania Rules of
Civil Procedure.
7. Response to this discovery is necessary in order to permit
Defendant Hooke and suter to complete discovery and prepare for
trial.
WHEREFORE, Defendant Hooke and suter respectfully requests
that this Court enter an Order directing Plaintiff Scott to answer
Defendant's Interrogatories and Request For Production of Documents
within twenty (20) days of this Order or be subject to the
imposition of sanctions.
Respectfully submitted,
~HO
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B
THOMAS & HAFER
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Dav d L. Schwalm, Esqu re
Attorneys for Defendant
Hooke and Suter
305 North Front street
P.O. Box 999
Harrisburg, PA 17108-0999
DATED: s( ~\l$b
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255-7643
March 11, 1996
Lenora M. Smith, Esquire
1205 North Second street
Harrisburg, PA 17102
RE: Scott v. Hooke and Suter
No. 96-352 civil Term
Dear Ms. Smith:
We enclose the original Interrogatories Addressed to Plaintiff
and Request for Production of Documents Addressed to Plaintiff with
respect to the above matter.
Thank you for your attention to this matter.
Yours very truly,
THOMAS, THOMAS & HAFER
By
David L. Schwalm
DLS/clm
Enclosure
255-7643
May 9, 1996
Lenora M. Smith, Esquire
1205 North Second Street
Harrisburg, PA 17102
RE: Scott v. Hooke and suter
No. 96-352 civil Term
Dear Lenora:
Please be advised that an Answer and New Matter have been
prepared in response to your client's Complaint. At this time, we
are waiting to receive our client's Verification. We anticipate
receiving it in the next several days and will promptly file it.
As a reminder, I would note that the Interrogatories and
Request for Production of Documents were sent to you on or about
March 11, 1996. As of this date, we still have not received your
responses. I would appreciate receiving that information as soon
as possible so that we can move forward and conclude this matter
promptly.
Thank you for your attention to this matter. If you have any
questions, please feel free to call at your convenience.
Yours very truly,
THOMAS, THOMAS & HAFER
By
David L. Schwalm
DLS/clm
<,
CERTIrICATE OP SERVICE
I, David L. Schwalm, Esquire, of the law firm of Thomas,
Thomas & Hafer, attorneys for Defendant Hooke and Suter do hereby
certify that on this date I served the foregoing Motion of
Defendant Hooke and Suter to Compel Discovery by Samuel Scott by
placing a true and correct copy of the same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Lenora M. Smith, Esquire
1205 North Second Street
Harrisburg, PA 17102
THOMAS &
DATED: 510\)~
Dav d L. Schwalm, Esqu re
Attorneys for Defendant
Hooke and suter
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
SAMUEL SCOTT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY , PENNSYLVANIA
NO. 96-352-CIV. TERM
AND NOW. this
day of
, 1996 upon
J.
HOOKE & SUTER,
Defendant
CIVIL ACTION - LAW
ORDER
consideration of the foregoing Answer to Motion of Defendant, HODke & Suter, to CDmpel
Discovery by Samuel Scott, it is hereby
ORDERED AND DECREED that Plaintiff has forty-five (45) days within which to file
an Answer to Defendant's Interrogatories and Request for Production of DDcuments or be
subject to the imposition of sanctions.
BY THE COURT.
SAMUEL SCOTT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY , PENNSYLVANIA
: NO. 96-352-CIV. TERM
v.
HOOKE & SUTER,
Defendant
CIVIL ACTION. LAW
ANSWER TO MOTION OF DEFENDANT.
HOOKE & SUTER. TO COMPEL DISCOVERY
BY SAMUEL SCOTT
TO THE HONORABLE JUDGE OF SAID COURT:
AND NOW, comes Plaintiff, Samuel Scott, by and through his attorney, Lenora M.
Smith, Esquire, responding to Defendant's MDtion to Compel Discovery and, in support hereof,
submit the following:
1. Admitted,
2. Admitted,
3, Admitted, By way of further answer, Plaintiffs counsel has been in major felony
trials in March, April, and May of 1996. Although the trials do not alleviate Plaintiffs counsel
of her responsibility to respond to the Discovery Request, it dDes indicate the willful disregard
of the Rules of Discovery.
4, Admitted. By way of further answer, Plaintiffs counsel has not received medical
reports in this matter and, therefore, does not have any documents at this time.
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5, Denied, It is denied that Plaintiffs failure to respond is in violatiDn of the
Pennsylvania Rules of Civil Procedure. By way of further answer, see Plaintiffs response to
Paragraph 3. smm.
6, Denied. It is denied that Plaintiff has demonstrated disregard of the discovery
obligation in violation of the Pennsylvania Rules Df Civil PrDcedure.
7. CannDt admit or deny the Averment in Paragraph 7 of Defendant's Motion
because the information is within the sole possessiDn of Defendant.
WHEREFORE, Plaintiff request Your HDnorable Court to direct Plaintiff to answer
Defendant's Interrogatories and Request for ProductiDn of Documents with forty-five (45) days
of the Order or be subject to the impDsition of sanctions.
Respectfully submitted,
Date: June 19, 1996
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Lenora M, Smith, Esquire
1205 North Second Street
Harrisburg, PA 17102
(717) 234-1688
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that I have on the date shown hereon served a copy of the within
document on the person or persDns named below by depDsiting a copy thereof in the United
States mail, First Class, pDstage pre-paid, addressed to him/her at the follDwing address:
,
David L, Schwalm, Esquire
305 North Front Street
P,O, Box 999
Harrisburg. PA 17108-0999
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Date: June 19, 1996
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Attcmey far Plaintiff.
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You are hereby natified that
Samuel Scott ____ __________ _n ___ ________.___ __.________________ --- -----
.-------------------------------------
Civil Action - Lal/!________n______n._____________
-----------------------
the Plaintiff
commenced an action in
against
ha
yau which you are required to derend ar a derault judgment may be entered against you,
(SEAL)
._______JEi~~ce_li~_~~_t~~r___________________
Prothonotary
January 23 t9 96
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Sl\KlEL scarr
532 S. West St.
Carlisle, PA 17013
maKE AND surER
55 Church Ave.
Carlisle, PA 17013
Commonwealth of Pennsylvania
County of Cumberland
VI.
Court or Common Plea&
No. _____~~~_~~~_~_~~!~__~~~___________ 19____
In m___c:.!Y~_l:._~_~<<?~_'::_~~_____________m_
To ___~~~~_~ps!_~p~_~r________________________
You are hereby notified that
Samuel Scott
....---------------------------------------------------------------------------------------------
the Plaintirr ha commenced an action in __f:.i:.Yg_~!9.!l_:_~1(!_________n_____________________
against you which you are required to derend or a deCault judgment may be entered against you.
(SEAL)
._______~~~_Ji~~~~_~~~r___________________
Prothonotary
January 23 96
Date ______________________________ 19____
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SHERIFF'S RETURN. REGULAR
CASE NO: 1995-00352 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SCOTT SAMUEL
VS.
HOOKE AND SUTER
MICHAEL BARRICK
. Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law. says. the w1th1n WRIT OF SUMMONS
upon HOOKE AND SUTER
defendant, at 1213:00 HOURS. on the 29th day of January
1995 at 55 CHURCH AV~NUE
CARLISLE, PA 1701~ . CUMBERLAND
County, Pennsylvania, by handing to ANDI MELOY. MANAGER AND ADULT
was served
IN CHARGE
a true and attested copy of the __~!Ul.QL_~!JMMONS
and at the same time d1recting His attention to the contents thereof.
Sheriff's Costs:
Docketing
Serv1ce
Affidavit
Surcharge
18.00
2.80
.00
2.00
So answersJ
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Ir.'Ihomas-I\ITn .-Sfi'enri
~;'22';tjIOLENORA M. SM ITIl
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by -?~--fj enff' "
Sworn and subscribed to before me
this J..,..t day of :Lt..,.
1
19 fit. A. D.
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SAMUEL SCOTT,
Plaintiff
v.
HOOKE AND SUTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-352 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO: Lawrence E. Welker, prothonotary
Please enter the appearance of David L. Schwalm, Esquire, of
the law firm of Thomas, Thomas & Hafer as counsel on behalf of
Defendant Hooke and suter with respect to the above matter.
DATED: -z-/>e1'i6
By
David L. Schwalm, Esquire
Attorneys for Defendant
Hooke and Suter
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
.
CERTIFICATE OF SERVICE
I, David L. Schwalm, Esquire, of the law firm of Thomas,
Thomas & Hafer, attorneys for Defendant Hooke and Suter do hereby
certify that on this date I served the foregoing Praecipe for Entry
of Appearance by placing a true and correct copy of the same in the
United states mail, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
Lenora M. smith, Esquire
1205 North Second street
Harrisburg, PA 17102
THOMAS & HAFER
DATED: l..\vs\'tb
By
Dav d L. Schwalm, Esqu re
Attorneys for Defendant
Hooke and suter
305 North Front Street
P.O. Box 999
Harrisburg, PA' 17108-0999
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SAMUEL SCOTT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-352 CIVIL TERM
v.
HOOKE AND SUTER,
Defendant
CIVIL ACTION - LAW
RULE TO FILE A COMPLAINT
TO: Samuel Scott, Plaintiff
and his counsel
Lenora M. smith, Esquire
You are hereby directed to file a Complaint within twenty (20)
days of service or suffer a judgment of non pros.
DATED=)~ t..... .If /91~
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SAMUEL SCOTT,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-352 CIVIL TERM
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Plaintiff
v.
HOOKE AND SUTER,
Defendant
CIVIL ACTION - LAW
PRAECIPE FOR RULE TO FILE A COMPLAINT
TO: Lawrence E. Walker, Prothonotary
Please issue a Rule directing the Plaintiff to file a
Complaint in the above matter within twenty (20) days of service or
suffer a judgment of non pros.
& HAFER
~
By
DATED: ~.1el'lG
schwalm, Esqu re
Attorneys for Defendant
Hooke and suter
P.O. Box 999
Harrisburg, PA 17108-0999
CERTIPICATE OP SERVICE
I, David L. Schwalm, Esquire, of the law firm of Thomas,
Thomas & Hafer, attorneys for Defendant Hooke and suter do hereby
certify that on this date I served the foregoing praecipe for Rule
to File Complaint by placing a true and correct copy of the same in
the united States mail, postage prepaid,
Pennsylvania, addressed to:
at Harrisburg,
Lenora M. Smith, Esquire
1205 North Second street
Harrisburg, PA 17102
DATED:;'\;.e l'lb
~:~
Dav1d L. Schwalm, Esquire
Attorneys for Defendant
Hooke and Suter
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
SAMUEL SCOIf,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
910
NO. -965-352 CIVIL TERM
v.
HOOKE & SUTER,
Defendant
CIVIL ACTION. LAW
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 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 LA WYER 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.
Lawyer Referral Service
Court Administrator
4th Floor
Cumberland County Courthouse
1 Courthouse Square
Carlisle. PA 17013
(717)240-6200
,,~e_ \i \-v- J"""'I
Lenora M. Smith. Esquire
J~._/(Ji-
SAMUEL SCOTT,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
9L
NO. 965-352 CIVIL TERM
Plaintiff
v.
HOOKE & SUTER,
Defendant
CIVIL ACTION - LAW
COMPLAINT
I, Plaintiff, Samuel Scott, is an adult individual residing at 532 South West Street, Carlisle.
Cumberland County. Pennsylvania.
2. Defendant. Hooke & Suter. is a general pannership cDmprising of individuals named
William H. Hooke. Jr, of 1040 SDuth West Street. Carlisle. Cumberland County. Pennsylvania and Kun
E, Suter of 1000 Dale Place. Carlisle, Cumberland County, Pennsylvania. The said Defendant has its
place of business at 55 Church Avenue. Carlisle. Cumberland County, Pennsylvania,
3. At all times. mentioned herein, Plaintiff was a tenant of Defendant.
4. On or about the 30th day of January. 1994 between 8:00 A.M. and 10:00 A.M.. Plaintiff
was an invitee of the Defendant at Defendant's premises known as the Colonial Square Complex who
resided at one of the residences of said complex located at 532 South West Street. Carlisle and while
there. left his apanment and walked cautiously and carefully some 15 feet from the doorway to retrieve
the newspaper. Plaintiff slipped and fell on rough and uneven accumulation of ice and snow on the
walkway. sustaining severe injuries.
5. On or about January 31. 1994 between 9:00 A.M. and 9:30 A.M. while walking
cautiously and carefully to Plaintiffs car to go 10 the hospital for injuries suffered as a result of the
January 30.1994 aforementioned incident. Plaintiff slipped and fell on a rough and uneven accumulation
of ice and snow in the parking areas. sustaining severe injuries.
,
Said incident occurred on Defendant's aforememioned premise known as the Colonial Square
Complex.
6. At all material times. the grounds of the premises of Defendant was under the sole
exclusive control, management, and maimenance of the Defendant. its agents, servams. workmen or
employees. then and there engaged in Defendant's business and acting within the course and scope of
lheir employmem or authority.
7. The surface of the accumulation of ice and snow described above was so rough, rigid.
rounded, and slanting that it created an unreasonably and unnecessarily dangerous and slippery condition
impairing users of the walkway and parking lot.
8. At the same time and place, Defendant. by its agents. servants. workmen. or emplDyees.
acting in the scope of their authority, was negligem in:
a. failing to properly maintain lhe walkway and parking lot of the said
premise;
b. allowing the walkway and parking lot to remain in a dangerous and unsafe
condition after notice or opponunity for notice;
c. failing to properly inspect the specific areas on the premises;
d. failing to warn of a dangerous condition;
e. failing to use reasonable prudence in the care and maimenance of the
walkways and parking lot on the premises;
f. failing to remDve the accumulation of ice and snow; and.
g. violating ordinances of Carlisle pertaining to the removal of snow and ice
from property.
2
9. Solely as a result of Defendant's negligence, I:arelessness, and recklessness. Plaintiff
sustained injuries to his left hip area. left arm. left shoulder, and wrist. The injuries to these areas
consisted of sprains and strains. Such injuries aggravated the pre.existing injury in the back area, all
of which have caused Plaintiff great pain and suffering, may continue for indefinite time in the future
.lOd may be permanent,
10. Solely as a result of Defendant's negligence, carelessness. and recklessness. Plaintiff has
and will in the future be obliged to expend monies for medicine and medical care in order to treat and
help cure hi5 injuries.
11. Solely as a result of Defendant's negligence. carelessness, and recklessness. Plaintiff has
and will in the future be unable to attend to his usual and daily duties and employment. to his tinancial
detriment and loss.
WHEREFORE. Plaintiff claims damages of the Defendant in an amDunt in excess of Twenty
ThDusand ($20,000.00) Dollars together with CDSt.
Respectfully submitted.
Date: March 28. 1996
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Lenora M, Smith. Esquire
1205 North Second Street
Harrisburg, PA 17102
(717) 234-1688
Attorney for Plaintiff
3
VERIFICATION
I verify that the facts contained in the above pleading are true and correct tD the best of my
knowledge. information and belief. I undersland tbat the facts herein are verified subject to the
penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa,C.S, ~4904).
Date: March 28. 1996
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CERTIFICATE OF SERVICE
I hereby cenify that I have on the date shown hereon served a copy of the within document on
the person below by United States First Class Mail. Ccnified/Retum Receipt. postage-prepaid at the
following address:
Hooke & Suter
SS Church Avenue
Carlisle. PA 17013
Date: March 28. 1996
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Lenora M. Smith. Esquire
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SAMUEL SCOTT, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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HOOKE AND SUTER, I
Defendants I NO. 96-0352 CIVIL TERM
AND NOW, this 2.l./ft day of June, 1996, upon consideration of
the Motion of Defendant Hooke and Suter To Compel Discovery by
Samuel Scott, and of the Anewer to Motion of Defendant, Hooke &
Suter, To Compel Discovery by Samuel Scott, it is ORDERED and
DIRECTED that Defendant serve answers and produce documents
pursuant to Plaintiff's interrogatories and request for production
of documents within 45 days of the date of this Order or suffer
sanctions in accordance with the Rules of Civil Procedure.
BY THE COURT,
Lenora M. Smith, Esq.
1205 North Second Street
Harrisburg, PA 17102
Attorney for Plaintiff
David L. Schwalm, Esq.
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
Attorney for Defendant
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SAMUEL SCOTT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 96- 362 CIVIL TERM
CIVIL ACTION. LAW
v.
HOOKE 8& SUTER,
Defendant
NOTICE TO PLEAD
To: Plaintiff end his counsel
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A
JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
DATE: sl),~I~G
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DAVID L. SCHWALM, ESQUIRE
ATTORNEY 1.0. NO. 32574
305 NORTH FRONT STREET
HARRISBURG. PA 17108
(717) 255-7643
ATTORNEY FOR DEFENDANT
SAMUEL SCOTT,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 96 - 362 CIVIL TERM
CIVIL ACTION - LAW
HOOKE & SUTER,
Defendant
DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, Defendant Hooke & Suter by its attorneys, Thomas, Thomas &
Hafer, files this Answer and New Matter to Plaintiff's CDmplaint as follows:
1. Admitted.
2. Denied as stated. The correct address of Defendant Suter is 11 Liberty
Court, Carlisle, Pennsylvania and the correct address of Hooke & Suter is 55 West
Church Avenue, Carlisle, Pennsylvania.
3. Admitted.
4. Denied pursuant to Pa.R,C.P. 1029(e).
5. Denied pursuant to Pa,R,C.P. 1029(e).
6. Admitted.
7. Denied pursuant to Pa.R.C.P. 1029(e).
8. Denied pursuant to Pa.R.C,P, 1029(e),
9. Denied pursuant to Pa,R,C.P, 1029(e),
10. Denied pursuant to Pa.R.C.P. 1029(e).
11. Denied pursuant to Pa. R.C.P. 1029(e),
o
WHEREFORE, Defendant Hooke & Suter respectfully requests your Honorable
Court to dismiss Plaintiff's Complaint without cost or judgment to it.
NEW MATTER
12. Plaintiff's injuries and damages, which are specifically denied, were not
caused by any acts, omissiDns, 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
the Plaintiff.
13. Plaintiff's claims are barred in whole or in part by Plaintiff's comparative
negligence.
14. No dangerous or unsafe condition existed at said time.
15. If any dangerous or unsafe condition existed, which is specifically denied,
Defendant had no actual or constructive notice of such condition existing at that time.
16. If any dangerous or unsefe condition existed, which is specifically denied,
Plaintiff had actual notice or knowledge of such condition,
17. Defendant's conduct was not a substantial factor in causing Plaintiff's
injuries and damages, if any.
18. Plaintiff assumed tha risk of the injuries allegedly sustained by him by
reason of his own intentional conduct.
19. Plaintiff failed to exercise his last clear chance to avoid the known or
reasonably discoverable cDnditions to which he exposed himself.
20. Plaintiff fails to assert a claim upon which can be granted.
WHEREFORE, Defendant Hooke & Suter respectfully requests your Honorable
Court to dismiss Plaintiff's Complaint without cost or judgment tD It.
THOMAS, THOMAS & HAFER
DATE: 511.o).j,~b
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DAVID L. SC~~~M, ESQUIRE
ATTORNEY I.D. NO. 32674
306 NORTH FRONT STREET
HARRISBURG, PA 17108
(717) 265.7643
ATTORNEY FOR DEFENDANT
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VERIFICATION
I, KURT SUTER, state that I am familiar with the facts and allegations set forth
In the foregoing ANSWER AND NEW MATTER. I have read the foregoing documant
and hereby affirm that it Is true and correct to the best of my personal knowledge,
Information and belief. This Verification Is made pursuant to 18 Pa,C.S. S4904
relating to unsworn falsification to authorities.
K
CERTIFICATE OF SERVICE
I, DAVID L. SCHWALM, ESQUIRE of the law firm of THOMAS,
THOMAS, & HAFER, do certify that I sarved the foregoing document on the following
person(s), by depositing the same In the United States Mall, postage prepaid, at
Harrisburg, Pennsylvania addressed as follows:
Lenora M. Smith, Esquire
1205 North Second Street
Harrisburg, PA 17102
Date: S I u,(.,,-
THOMAS. THOMAS & HAFER
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DAVID L. SCHWALM, ESQUIRE
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YOU ..... HUll' NOTWtID TO PLIAD TO
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TWIIITY (1111""" GO"""'_ 011
A DlP'AULT ~T IllAY H INTIMO
AGIJHIT.:OU. .
Lenora M. Smith
ATTORNEV AT LAW
.1~ NORTH SECOND STREET
P,O, BOX &1&4
HARRISBURG, PA 11110
alTOM'
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SAMUEL SCOTT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-3S2.CIV. TERM
HOOKE & SUTER,
Defendant
CIVIL ACTION. LAW
ANSWER TO DEFENDANT'S NEW MATTER
12. ND answer required. The averment in Paragraph 12 of Defendant's New Malter
states a conclusion of law to which no answer is required.
13. No answer required. The averment in Paragraph 12 of Defendant's New Matter
states a conclusiDn of law to which no answer is required.
14. Denied. The averments in Paragraph 14 of Defendant's New Matter are
specifically denied. To the contrary, the condition of icy and snowy roadway and walkway
under the care and ownership of Defendant was a dangerous and unsafe condition at the time
of the incident and proof that Defendant failed its duty to care to Plaintiff as a business invitee
of the Defendant,
15. Denied, Not only did Defendant have specific notice of the conditiDns, in view
of the fact that it had snowed, Plainliff informed Defendant maintenance employees about the
condition, Only after Plaintiff contacted an elected council person did Defendant attempt to
alleviate the condition, This happened after the second fall mentioned within the Complaint.
16. Admitted that Plaintiff knew of the icy and snowy conditions. However, as a
result of Plaintifrs renting from Defendant, he had to retrieve his paper from the icy walkway
and subsequently had to travel through the parking lot to go to the hospilallls II result of the filII
in the icy walkway the day before. It is further averred that Defendantlllld II duty to ensure that
the dangerous and unsafe condition did not exist.
17. Denied. SDlely due to Defendanl's conduct, did lhe injury IInd damage occur.
18. Denied. The IIverment in Paraph 18 states a conclusion of law to which no
answer is required.
19. Denied. Plainliffcould not avoid the dangerous condition in view of the fact that
he was using said premise for the purpose he leased slime. By WilY of further answer, Defendant
states a conclusion of law to which no answer is required.
20. Denied. The claim Plaintiff has asserted was the result of Defendant's failure to
exercise the duty owed Plaintiff and for which Plaintiffpaid Defendant to exercise as an invitee.
To find, otherwise, would give Defendant an unjust sum of money.
WHEREFORE, Plaintiff request Your Honorable Court to find in his favor and to award
damages and expenses as a result of Plaintifrs Complaint.
Respectfully submitted.
Date: August 2, 1996
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LenDra M. Smith, Esquire
1205 North Second Street
Harrisburg, PA 17102
(717) 234- 1688
Attorney for Plaintiff
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VERIFICATION
I verify that the facts contained in the above pleading are true and correct to the best of
my knDwledge, infDrmatiDn and belief. I understand that the facts herein are verified subject
to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18
Pa,C,S, fi4904) ,
Date: [ld' I J I C;, ~
,
CERTIFICATE OF SERVICE
I hereby certify that I have on the date shown hereon served a copy of the within
document on the person or persons named below by depositing a copy thereof in the United
States mail, First Class, postage pre-paid, addressed to him/her at the following address:
David L. Schwalm, Esquire
305 North Front Slreet
P.Q, Box 999
Harrisburg, PA 17108.0999
Date: August 2, 1996
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SAMUEL SCOTT,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-352 CIVIL TERM
Plaintiff
v.
HOOKE AND SUTER,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO MARK CASE SETTLED AND DISCONTINUED
TO: Lawrence E. Welker, Prothonotary
Please mark the above case settled, satisfied and
discontinued with prejudice.
DATED: 3-' 1'- Cj 7
BY:Lenbmi~h' fdi
P.O. Box 5154
Harrisburg, PA 17110
Attorney for Plaintiff
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