HomeMy WebLinkAbout96-00469V
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JOHN D. PERKEY and
THERESA M. PERKEY, her
husband,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DRENNING LEASING
COMPANY and its
subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE, :
Defendants NO. 96-0469 CIVIL TERM
AND NOW, this 27th day of October, 1998, upon consideration of Plaintiffs' Petition,
it is ordered that
(1) a rule is issued upon Defendants to show cause, if any they have, why Plaintiffs
are not entitled to the relief requested;
(2) Defendants shall file an answer to the petition within 21 days of this date;
(3) the Petition shall be decided under Pa. R.C.P. 206.7;
(4) depositions shall be completed within 35 days of this date;
(5) argument shall be held on Wednesday, February 10, 1999, at 9:45 a.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; and
(6) notice of the entry of this order shall be provided to all parties by Plaintiffs.
BY THE COURT,
RLrn-OFrrcr:
OF TN' f." „(-'•jiY
93 ec12 Q AN 11: 19
Marcus A. McKnight, Ill, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiffs
John J. Sylvanus, Esq.
138 E. Market Street
P.O. Box 2588
York, PA 17405-2588
Attorney for Defendants
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JOHN D. PERKEY and : IN THE COURT OF COMMON PLEAS OF
THERESA M. PERKEY, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioners
V.
DRENNING LEASING COMPANY
and its subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE,
Respondents
CIVIL ACTION - LAW
96469 CIVIL TERM
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this _ day of October, 1998, a rule to show cause why this matter should
not be kept open as requested by the Petitioners, John D. Perkey and Theresa M. Perkey, on the
Cumberland County Civil Docket, is hereby issued to the defendants, Drenning Leasing
Company and its subsidiary, Raible's Commercial Warehouse.
THIS rule is returnable in days from the date of service.
BY THE COURT,
J.
JOHN D. PERKEY and
THERESA M. PERKEY, her husband,
Petitioners
V.
DRENNING LEASING COMPANY
and its subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96469 CIVIL TERM
JURY TRIAL DEMANDED
PETITION
AND NOW, comes the petitioners, John D. Perkey and Theresa M. Perkcy, by and
through their attorneys, Irwin, McKnight & Hughes, and files this Petition, making the following
statement:
The petitioners in this matter are John D. Perkey and Theresa M. Perkey, and the
respondents are Drenning Leasing Company and its subsidiary, Raible's Commercial Warehouse.
2.
On or about January 29, 1996, an action was filed by the petitioners against the
respondents by Praccipe for a Writ of Summons. Thereafter, a Complaint was filed by the
petitioners.
3.
Since the time of filing of the Complaint, the respondents have filed an answer on or
about September 9, 1998.
4.
The petitioners have filed an Answer to the New Matter raised by the respondents dated
October 23, 1998. This case is therefore at issue and should not be dismissed.
WHEREFORE, the petitioners, John D. Perkey and Theresa M. Perkey, respectfully
requests that this matter not be purged from the Civil Docket list but remain active.
Respectfully submitted,
IRWIN, MgXNIGHT &s HUGHES
By: e /
Mar us A. McKnight, I 9
Attorney for Petitioners
John D. Perkey and
Theresa M. Perkey
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No. 25476
Date: October 23,1998
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and
correct copy of the foregoing document upon the persons indicated below by first class United
States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
John J. Sylvanus, Esquire
Stetler & Gribbin
138 East Market Street
P.O. Box 2588
York, Pennsylvania 17405-2588
Date: October P731 1998 IRWIN, McKYGHT & HUGHES
Marcuj A. McKnight uire
Supreme Court I.D. No. 5476
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs,
John D. Perkey and Theresa M. Perkey
'USIA 1Xi 1 FORNIS'CCRTOrSERVIC1.
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STETLER S GRIBBIN
ATTORNEYS AT LAU'
I36 EAST M KKET STREET
?.O. BOX 25"
YORK. PENNSYLVANIA 17405
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. PERKEY and
THERESA M. PERKEY, his wife,
Plaintiffs
NO. 96-0469 CIVIL
V.
DRENNING LEASING COMPANY and
its subsidiary, RAIBLE'S COMMERCIAL
WAREHOUSE, and WALBASH
NATIONAL CORPORATION,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
REPLY OF DEFENDANTS TO PLAINTIFF'S PETITION
1-3. Admitted.
4. Admitted to the extent that the Petitioners have filed an Answer (sic
Reply) to New Matter. The remaining averment of Paragraph 4 of the Plaintiff's
Complaint is a legal conclusion to which no response is required.
NEW MATTER
5. The within case involves an accident that occurred almost five (5) years
ago, January 31, 1994.
6. The Plaintiffs took no action to state a claim against the Defendants until
January 29, 1996, two (2)days before the running of the Statute of Limitations, when the
Plaintiffs filed a Praecipe to start the within lawsuit.
7. The Plaintiffs took no action to move the lawsuit forward until a Rule was
issued upon them by the Defendants to file a Complaint or suffer Judgment non pros.
Upon service thereof the Plaintiffs filed a Complaint on May 14, 1996.
8. Between the time of the filing of the Complaint in May of 1996 and the
filing of the Reply to New Matter in October of 1996, after the case had been placed on
the purge list, the Plaintiffs did nothing to move the case forward.
9. With almost five (5) years having passed from the accident, and almost
three (3) years having passed from the date of the filing of the Complaint, the Plaintiffs
have engaged in no discovery, provided no demand nor documentation to the
Defendants, and have in fact done absolutely nothing to prosecute this case.
10. The Plaintiffs' activities constitute a settled intention to abandon their
claim and, in accordance with the Pennsylvania Rules of Civil Procedure and the
Cumberland County Rules of Court, the within matter should be purged from the active
case list.
Respectfully submitted,
Date: l
STETLER & GRIBBIN
Jbti J. S vanus, Esquire
AUotney Up. No. 25499
ttorney f Drenning Leasing
ny and Raible's
Commercial Warehouse
138 East Market Street
P. O. Box 2588
York, PA 17405-2588
(717) 854-9506
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JOHN D. PERKEY, and
THERESA M. PERKEY, his wife
Plaintiff's
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
DRENNING LEASING COMPANY,
and its subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE,
Defendants
96-469 CIVIL TERM
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, order 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 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
HELP.
Court Administrator
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
JOHN D. PERKEY and
THERESA M. PERKEY, his wire
PLAINTIFFS
V.
DRENNING LEASING COMPANY
and its subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-469 CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 14th day of May, 1996, comes the plaintiffs, JOHN D. PERKEY and
THERESA M. PERKEY, by their attorneys, IRWIN, McKNIGHT & HUGHES, and makes the
following complaint against the defendants as follows:
1.
The plaintiffs, John D. Perkey and Theresa M. Perkey, his wife, are adult individuals who
reside at 328 Pine Grove Road, Gardners, Pennsylvania 17324.
2.
The defendants are Drenning Leasing Company and its subsidiary, Raible's Commercial
Warehouse, with its principal place of business located at 8th Avenue & 29 Streets, Altoona,
Pennsylvania 16603.
3.
The defendant, Drenning Leasing Company, is a Pennsylvania corporation which does
business throughout the Commonwealth of Pennsylvania and in particular did business on January
31, 1994, with Carolina Freight Carriers terminal situate in Middlesex Township, Cumberland
County, Pennsylvania.
4.
In particular, using the name of Raible's Commercial Warehouse, the defendant, Drenning
Leasing Company operated a warehouse in Altoona as well as a fleet of tractors which operated
and delivered freight to the Carolina Freight Terminal in Middlesex Township, Cumberland
County, Pennsylvania, as well as other terminals in the Commonwealth of Pennsylvania.
5.
The plaintiff, John D. Perkey was an employee of Carolina Freight Carrier as an over the
road driver on January 31, 1994.
COUNT 1:
JOHN D. PERKEY v. DRENNING'S LEASING COMPANY
AND ITS SUBSIDIARY RAIBLE'S COMMERCIAL WAREHOUSE
6.
Paragraph One (I) through five (5) of this Complaint are hereby incorporated by reference
and made a part of this Count.
2
7.
On January 31, 1994, the plaintiff, John D. Perkey, received instructions to deliver a load
of miscellaneous freight on two (2) twenty-eight (28) foot trailers to the defendant's warehouse
situate at 8th Avenue and 29 Streets in Altoona, Pennsylvania. The plaintiff was to return to the
Cumberland County terminal of Carolina Freight Carriers with two (2) loaded trailers from the
defendant's warehouse.
8.
On January 31, 1994, the plaintiff arrived at the defendant's warehouse in Altoona during
the evening hours. The plaintiff arrived after nightfall and the terminal area was lighted by
artificial lighting.
9.
The area in which the plaintiff delivered the trailers was ice covered with ridges of ice.
The plaintiff dropped off the rear trailer and attempted to drop off the bogie coverter which
connected the two trailers. The bogie slid away and the plaintiff attempted to recover it. As the
plaintiff attempted to reenter the tractor he had driven, he tripped on a ridge of ice and fell on his
back.
10.
The plaintiff sustained an immediate injury to his back. He sought medical treatment the
next morning.
3
il.
The plaintiff continued to attempt to work until April of 1994 at which time his back pain
was so intense that he was unable to continue his employment as an over the road driver for
Carolina Freight Carriers.
12.
The plaintiff, John D. Perkey, discovered that when he fell he broke a previous spinal
fusion in his lower back.
13.
The plaintiff has sustained medical expenses, wage loss and substantial pain and suffering
from the date of the accident which continues to the present time.
14.
As a result of his injury, the plaintiff has undergone two (2) back surgeries at Polyclinic
Hospital in Harrisburg, Pennsylvania.
15.
The plaintiff has difficulty lifting, walking and standing for any significant period of time as
a consequence of the injury he sustained to his back on January 31, 1994.
16.
The warehouse into which the plaintiff traveled on January 31, 1994 was under the
ownership and the control of the defendants, Drenning Leasing Company, and its subsidiary,
Raible's Commercial Warehouse.
4
17.
The injuries sustained by the plaintiff, John D. Perkey were as a direct consequence and
were approximately caused by the negligent conduct of the defendants and its employees;
a. The defendants through its employees failed to remove the ridges of ice and
snow in the areas which the plaintiff was required to drive his truck and then dismount
and disconnect the trailer from his tractor.
b. The defendants through its employees failed to place cinders or ice melting
materials in sufficient quaintly to make the work area in which the plaintiff was required
to work free of ridges of ice.
c. The defendants failed to warn the plaintiff of the dangerous condition created
by the ridges of ice and snow in the parking area into which the plaintiff brought his
employer's tractor and trailers.
d. The defendant's failure to properly maintain the warehouse partly are created
dangerous conditions in which to work. Its own employees and other drivers gave
defendants notice of the dangerous conditions.
e. The accident occurred after the dark and the lighting in the area in which the
plaintiff fell was not sufficient to disclose to him the particular ridge of ice which caused him to
fall and injure his back
18.
The plaintiffs back injury is now permanent and he will be unable to return to his
occupation of truck driving thereby causing future pain and suffering and loss of future income.
WHEREFORE, the plaintiff, John D. Perkey seeks damages in excess of Forty Thousand
and no/100 ($40,000.00) Dollars, plus the costs of this action and interest as permitted by law
against the defendants, Drenning Leasing Company and its subsidiary, Raible's Commercial
Warehouse.
COUNT Il:
THERESA M. PERKEY, PLAINTIFF v. DRENNING'S LEASING COMPANY
AND ITS SUBSIDIARY RAIBLE'S COMMERCIAL WAREHOUSE.
19.
The averments of act contained in paragraph one (1) through eighteen (18) are
incorporated herein by reference and are made a part of this Count.
20.
At the time of the accident and continuing to the date of this Complaint, the plaintiff,
Theresa M. Perkey, has been the wife of the plaintiff, John D. Perkey.
21.
From the time of the accident, plaintiff, Theresa M. Perkey has been denied the comfort
and society of her husband, John D. Perkey, since he has been unable to engage in the normal
activities of providing for his wife and enjoying the pleasures of life.
6
22.
The plaintiff, Theresa M. Perkey has sustained the loss of society of her husband, John D.
Perkey and seeks damages for the loss of consortium from the defendants, Drenning's Leasing
Company and its subsidiary, Raible's Commercial Warehouse.
WHEREFORE, the plaintiff, Theresa M. Perkey seeks damages in excess of Forty
Thousand and no/100 ($40,000.00) Dollars plus costs of this action and interest as permitted by
law against the defendants, Drenning Leasing Company and its subsidiary Raible's Commercial
Warehouse.
Respectfully submitted,
IRWIN, MCKNIGHT & HUGHES
Pomfret
Carlis Pennsylvani 17013
717-249-
Supreme Court I.D. No: 25476
Attorney for the plaintiffs,
John D. Perkey and
Theresa M. Perkey, his wife
Date: May /? , 1996
7
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel and myself in the preparation of this document. The language of the document may in
part be the language of my counsel and not my own. I have read the statements made it this
document and to the extent that they are based upon information which I have given to my
counsel, they are true and correct to the best of my knowledge, information and belief. To the
extent that the contents of the statements are that of counsel, I have relied upon counsel in making
this verification. I understand that false statements herein made are subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unswom falsification to authorities.
,60 6a24:?Z
JOHN D. PERKEY 47
Date: / 1996
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct
copy of the Complaint was served by personal service in Carlisle, Pennsylvania 17013, upon the
following:
John J. Sylvanus, Esquire
STETLER & GRIBBEN
138 East Market Street
P. O. Box 2588
York, Pennsylvania 17405
Attorney for John D. Perkey, Defendant
HtWIN, McKNIGHT & HUGHES
By: Marc s A. cKnight;
60 West Po et Street
Carlisle, PA 11Q,13
(717) 249-2353
Dated: /S , 1996
STETLER 8 GRIBBIN
ATTORNEYS AT LAW
IJS EAST MARKET STREET ?-- --+
-- F110. 60X 25W
YORK. PENNSYLVANIA 17405
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
No. 96-469
V.
Reible's Commercial Warehouse
Enter a Rule upon _Plaintiffs to file a Complaint within twenty (20) days
from the date of service of this Rule or suffer judgment non pros.
STETLER &
Date: 4b
1.
-738 East Markef Street
P. O. Box 2588
York, PA 17405-2588
(717) 854-9506
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CERTIFICATE OF SERVICE
1, John J. Sylvanus, Esquire, of the law firm of Steller & Gribbin, counsel for
Defendants, Drenning Leasing Company and its subsidiary, Reible's Commercial Warehouse,
hereby certify that I have this date served a copy of the Praecipe and original Rule to File a
Complaint by depositing in the United States Postal Service, postage prepaid, on the following
person:
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Date: l 17 ?
York, PA 17405
Counsel for Defendants
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
No. 96-469
Theresa M. Perkey
v. _ = -
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Drenning Leasing ComDany -j
and its subsidiary.
Reible`s Commercial Warehouse
Civil Action - Law
Enter a Rule upon Plaintiffs to file a Complaint within twenty (20) days
from the date of service of this Rule or suffer judgment non pros.
STETLER &
Date: 4b
I.DV No.I 25499
-138 East Marbf Street
P. O. Box 2588
York, PA 17405-2588
/\ u L (717) 854-9506
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JOHN D. PERKEY and
THERESA M. PERKEY, his wire
PLAINTIFFS
V.
DRENNING LEASING COMPANY
and its subsidiary, REHILE'S
COMMERCIAL WAREHOUSE,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL - LAW
9?' '/109 Gl? ?Y r?„
JURY TRIAL DEMANDED
PRAECIPE FOR A WRIT OF SUMMONS
TO: LAWRENCE E. WELKER, PROTHONOTARY
Please enter my appearance on behalf of the plaintiffs and issue a Writ of Summons upon
the defendant. Please have the Sheriff serve the defendanVat the following:
DRENNING LEASING COMPANY
REIBLE'S COMMERCIAL WAREHOUSE
P. O. Box 1762 8th Avenue & 29th Streets
Altoona, Pennsylvania 16603
Respectfully, submitted
IRWIN, McKNIGHT & HUGHES
By:
Marcu A. McKni ht, I, Esquire
60 West Pomfret S re
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No: 25476
Date: January 29, 1996
r
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Commonwealth of Pennsylvania
County of Cumberland
John D. Perkey and
Theresa M. Perkey, his wife
K
Drenning Leasing Company
and its subsidiary, Reible's
Canmercial Warehouse
P.O. Box 1762
8th Avenue & 29th Streets
Altoona, Pennsylvania 16603
Court of Common Pleas
No. --------- 96_A69_Civil- -Term------- 19----
In ---------.Civ11 ACHOL =_fx'nrL_____________
To ____11rce0cLing_Ieasing_Caapauy_-aod-its.Subsidiary, Reible's Comiercial Warehouse
You are hereby notified that
-------- John D__Perkey_and Theresa_M_ Perkev,_his-wife
the Plaintiff s ha vemmmenced an action in ------ ZYA1_Arzt3A71 7--1aW____________________
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
.________Latitirens?_,_ ex-
--Prothonotary
Date __ January- 29c______________ 19.96
Deputy
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ATTORNEYS AT LAW
Ib LAST MARKET STRLLT
P .O. KOK 2w
YORK. PLNNSYWANIA 17403
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
its subsidiary. Reible's Commercial
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
its subsidi= Reible'a Commercial W house in the above-captioned action
2 y 19ti6
Date: nluq
John J. S nus, Esquire
N
o. 25499
Att ey F
Att Defendants
East Market Street
P. O. Box 2588
York, PA 17405-2588
(717) 854-9506
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DATE RECEIVED DATE PROCESSED
F' ?s4 SHERIFF'S DEPARTMENT
BLAIR COUNTY, PENNSYLVANIA
COURTHOUSE, HOLLIDAYSBURG. PA. 16648
INSTRUCTIONS:
SHERIFF SERVICE
roadability of all e0pbe.
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DPrint o nthop pies
Do not t detach c any copes. Bcw eNV.e T- Y
i PLAINTIFF 15 I 2. COURT NUMBER
John D & Theresa M Perkey 96-469
__ Drenni Leasing Company, Reible's Commerical Warehouse Summons
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
0 -Drenning Leasing Company, Reible;s Commerical Warehouse
6 ADDRESS ISlreal or RFD. Apartment No.. City, Boro, Twp., Slate and ZIP Code)
AT 8th Ave & 29th St, Altoona
T INDICATE UNUSUAL SERVICE: PERSONAL PERSON IN CHARIDE DEPUTIZE CERT. MAIL REGISTERED MAIL POSTED OTHER
NOW,___ 19_, I, SHERIFF OF BLAIR , COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
DHERIFF OF BLAIR OOUN Y
e SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
2 copies to defendant
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ
may leave same without a watchman. In custody of whomever 1s found in possession, alter notifying person of levy or attachment, without liability on the pad of
Such deputy or the sheriff to any plaintiff herein for any loss, destruebon or removal of any such property before sherdls' sale thereof.
11. DATE
V WUNA I UHL 01 ATTORNEY Or WNr ORIGINATOR regussbrip SOM40 on behalf of-
Ctanberland COuntY ®PLAINTIFF
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
12 I acknowledge receipt of the writ SIGNATURE of Authorized BCSD Deputy or Clark and Title 13 Dale Received ta, EspeatloMleadrh
of complaint as indicated above E Baker Office Mama er 2/1/96 2/27/96
15 1 hereby CERTIFY and RETURN that I ?have personally served, have served person in charge, ? have legal evidence of aerwde as Shown in "Remark" ton reverse)
?nave pasted the above described property with the writ or compan dascnb n! on the individual. company, curpoolion, ale, at the address shown above m on IM individual,
company. colporallon, SIC , at the address Insisted below by hand Inglor Posting a TRUE and ATTESTED COPY thereof.
16 IJI hereby Certify and return a NOT FOUND because I am unable to locate the Individual. company. COTPON11011, etc, named above. (Sea remarks below)
17 Name and tale of individual served 1a A
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22 ATTEMPTS Doe Mlles Dep. Ind. Dole Mlles Dep, Int. Dab Mllss Dep. Int. Dale Mlles Dep. Int. Onto Mlles Oep, Ind.
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John D. Perkey and Theresa M. Perkey
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Drenning Leasing Company
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John D. Perkey and Theresn M. Perkey
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. PERKEY and
THERESA M. PERKEY, his wife,
Plaintiffs
NO. 96-469 Civil term
v.
DRENNING LEASING COMPANY and
its subsidiary, REIBLE'S COMMERCIAL
WAREHOUSE,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO REPLY
YOU ARE HEREBY NOTIFIED to plead to the within Answer and New Mailer within
twenty (20) days from the date of service or a default judgment may be entered against you.
& GRIBBIN
Date:
John S?Iv nu Esquire
Attorn I . N . 25499
Attorn or Dre ning Leasing Company
an ai Ie's Co mercial Warehouse
East arke trees
P. O. Box
York, PA 17405-2588
(717) 854-9506
JOHN D. PERKEY, and
THERESA M. PERKEY, his wife
Plaintiffs
V.
DRENNING LEASING COMPANY,
and Its subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
: PENNSYLVANIA
CIVIL ACTION - LAW
: 96469 CIVIL TERM
: JURY TRIAL DEMANDED
ANSWER OF DEFENDANT, DRENNING LEASING COMPANY, TO
COMPLAINT OF JOHN D. PERKEY, AND THERESA M. PERKEY,
HIS WIFE. PLAINTIFFS
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. After reasonable investigation, the answering Defendant is without
knowledge as to the truth or falsity of the averments of Paragraph 5 of the Plaintiffs' Complaint
and proof thereof is demanded at trial.
COUNT II:
JOHN D PERKEY V DRFNNNING'S LEASING COMPANY
AND ITS SUBSIDIARY RAIBLE'S COMMERCIAL WAREHOUSE
6. The responses of Paragraphs 1 through 5 hereinabove are incorporated herein by
reference thereto.
1
7-15. Denied. After reasonable investigation the answering Defendant is without
knowledge as to the truth or falsity of the averments of Paragraphs 7 through 15 of the
Plaintiffs' Complaint and proof thereof is demanded at trial.
16. Admitted to the extent that the description of the warehouse where Plaintiff fell
was in fact located upon the premises of the Defendant's terminal.
17. Denied. The averments of Paragraph 17 of the Plaintiffs' Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent that any
averments contained in Paragraph 17 of the Plaintiffs' Complaint constitute pleadings of fact to
which a response is required, and without waiving the above objection, the answering Defendant
denies the averments as follows:
a. Denied. After reasonable investigation, the answering Defendant is
without knowledge of the truth or falsity of the averments of Paragraph 17 a, and proof
thereof is demanded at trial. By way of further answer it is averred that the conditions
existing at the time and place set forth were generally existing conditions throughout the
area at the time and the answering Defendant was under no duty to completely ameliorate
such conditions.
b. Denied. After reasonable investigation, the answering Defendant is unable
to determine the specific area where the Plaintiff alleges that his accident occurred and
does not have sufficient information to admit or deny the averments of Paragraph 17 b
of the Plaintiffs' Complaint.
2
C. Denied. It is specifically denied that the answering Defendant owed any
duty to the Plaintiff to warn him of obvious conditions of ice and snow at the time and
place in question. By way of further answer, it is specifically averred that the area in
question was not unreasonably dangerous to persons in the position of the Plaintiff and
proof to the contrary is demanded at trial.
d. Denied. The averments of Paragraph 17 d constitute conclusions of law
to which no responsive pleadings are required. To the extent that the averments of
Paragraph 17 constitute pleadings of fact requiring a response and without waiving the
above objection, the averments of Paragraph 17 d are denied. By way of further answer,
it is averred that the conditions were not unreasonably dangerous and the answering
Defendant had no knowledge of any unreasonably dangerous conditions.
e. Denied. On the contrary, it is averred that the lighting conditions were
sufficient and adequate for the time, place and conditions at the alleged accident and
proof to the contrary is demanded at trial.
18. Denied. After reasonable investigation, the answering Defendant is without proof
of the truth or falsity of the averments of Paragraph 18, and proof thereof is demanded at trial.
THERESA M. PERKEY. PLAINTIFF V. DRENMNG'S LEASING COMPANY
AND ITS SLBSIDLARY RAIBLE'S COMMERCIAL WAREHOUSE
19. The responses of Paragraphs I through 18 hereinabove are incorporated herein
by reference thereto.
3
20-22. Denied. After reasonable investigation, answering Defendant is without proof of
the truth or falsity of the averments of paragraphs 20 through 22 of the Plaintiffs' Complaint and
proof is demanded at trial.
23. Plaintiff, John D. Perkey, at the time of the alleged accident, was an adult
individual, sui juris, and presumed capable of exercising due care and caution for his personal
safety.
24. The accident occurred on one of the coldest nights of one of the coldest and
snowiest winters on record in the normally cold and snowy Altoona, Blair County, Pennsylvania
area.
25. The answering Defendant maintained its facilities by keeping them clear of ice and
snow accumulation as could reasonably be expected under the conditions.
26. The Plaintiff had a duty to exercise due care and caution for his personal safety
while on the premises of the Defendant.
27. The Defendant had a duty to the Plaintiff to remove or warn the Plaintiff of
unreasonable dangerous conditions which the Plaintiff could not be expected to discern for
himself.
28. While the existence of snow and ice piled in hills and ridges as alleged the the
Plaintiffs is denied, if in fact such a condition did exist and the Plaintiff can prove the existence
of that condition, that condition is a condition that should have been expected or anticipated by
,.w )
the Plaintiff given the general weather conditions at the time and place of the alleged accident, had
the Plaintiff been acting with due care and caution for his own safety.
29. While the answering Defendant has no knowledge of the incident and no
evidence exists to the knowledge of the answering Defendant that it occurred, if it did occur as
set forth by the Plaintiff in his Complaint, it was caused solely and proximately by the negligence
of the Plainitff, John D. Perkey, as follows:
(a) failing to maintain proper alertness for conditions around him;
(b) failing to properly watch where he was proceeding;
(c) attempting to work under lighting amd snow and ice conditions that he
knew or by the exercise of reasonable care should have known were unsafe;
(d) failing to cautiously proceed in an area where there were generalized snow
and ice conditions of which the Plaintiff was aware.
WHEREFORE, the Defendants respectfully pray your Honorable Court to award judgment
in their favor and against the Plaintiffs on the causes of action declared by the Plainitffs in their
Complaint.
Respectfully submitted,
STETLER & GRIBBIN
Sylvanus, Esquire
y I. D. No. 25499
y for Drenning Leasing Company
aible's Commercial Warehouse
I hereby certify that the facts set forth in the foregoing Answer and New Matter are true
and correct to the best of my knowledge, information and belief. This Verification is made only
as to the factual averments contained therein, and not to legal conclusions and averments
authored by counsel in his capacity as attorney for the party or parties hereto. 1 understand false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Date 8 ??o i? /r 1L? ,t,./I
PlAme: .Jams W. lteidt
itle: President
Drenning Leasing Company
I hereby certify that the facts set forth in the foregoing Answer and New Matter are true
and correct to the best of my knowledge, information and belief. This Verification is made only
as to the factual averments contained therein, and not to legal conclusions and avcrments
authored by counsel in his capacity as attorney for the party or parties hereto. I understand false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Date: 8/18/58 tO
PQ me: ,lams W. danirg
itle:
Fegsident
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JOHN D. PERKEY and
THERESA M. PERKEY, his wife,
Plaintiffs,
DRENNING LEASING COMPANY
and Its subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE,
Defendants.
CIVIL ACTION - LAW
No. 96 - 469 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER TO NEW MATTER
AND NOW, this 23rd day of October, 1998 come the Plaintiffs, JOHN D. PERKEY and
THERESA M. PERKEY, his wife, by their attorneys, Irvin, McKnight & Hughes and make the
following Answer to the Dcfendants' Ncw Matter:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
23.
The averments of fact contained in paragraph twenty-three (23) are admitted.
24.
The averments of fact contained in paragraph twenty-four (24) are denied. After
reasonable investigation Plaintiffs are without knowledge as to the truth or falsity of the
averments of fact contained in paragraph twenty-four (24), and proof thereof is demanded at trial.
25.
The averments of fact contained in paragraph twenty-five (25) arc specifically denied.
Defendants failed to properly maintain the parking area used by the Plaintiff, John D. Perkey,
and failed to remove the ridges of ice and snow from the area in which the Plaintiff, John D.
Perkey, was required to work.
26.
The averments of fact contained in paragraph twenty-six (26) are conclusions of law to
which no answer is required. They are therefore denied.
27.
The averments of fact contained in paragraph twenty-seven (27) are admitted.
28.
The averments of fact contained in paragraph twenty-eight (28) are specifically denied.
Plaintiff, John D. Perkey, acted with due care and caution for his own safety and was injured by
reason of Defendants' failure to properly maintain their facilities, specifically their failure to
remove, remedy or otherwise warn of the ridges of ice and snow in the areas where Plaintiff was
required to drive his truck and then dismount and disconnect the trailer from his tractor.
29.
The averments of fact contained in paragraph twenty-nine (29) are conclusions of law to
which no answer is required. They are therefore denied. To the extent that any averments
contained in paragraph twenty-nine (29) constitute pleadings of fact to which a response is
required, and without waiving the above objection, the averments are denied as follows:
a - d. The averments of fact contained in paragraph twenty-nine sections (a) through (d)
(29(a)-(d)) are denied. Plaintiff, John D. Pokey, acted with due care and caution for his own
safety and was injured by reason of Defendants' failure to properly maintain their facilities,
specifically their failure to remove, remedy or otherwise warn of the ridges of ice and snow in
the areas where Plaintiff was required to drive his truck and then dismount and disconnect the
trailer from his tractor.
WHEREFORE, the Plaintiffs, John D. Perkey and Theresa M. Perkey, seek damages in
excess of Fourty Thousand and no/100 (540,000.00) Dollars from the Defendants, Drenning
Leasing Company, and its subsidiary, RaibWs Commercial Warehouse, with the costs of this
action and interest as permitted by law.
Respectfully Submitted,
IRWIN,IIkKNIGHT & HUGHES
Marc6s A. McKn ght, 1, Es
Supreme Court I.D. o. 25476
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Date: October 23, 1998 Attorney for Plaintiffs,
John D. Perkey and Theresa M. Perkey
D0M MAM COURTDOCPERKEI' • ANSWER 10 NEW MATTER
VERIFICATION
The foregoing Answer to New Matter is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
JOHN D. PERKEY
Date: OCTOBER 23 91998
VERIFICATION
The foregoing Answer to New Matter is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
r 0
J JOHN D. PERKEY
Date: OCTOBER 23 1998
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and
correct copy of the foregoing document upon the persons indicated below by first class United
States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
John J. Sylvanus, Esquire
Stetler & Gribbin
138 East Market Street
P.O. Box 2588
York, Pennsylvania 17405-2588
Date: October2?? 1998 IRWIN, McKNIGHT & H
Supreme Court I.D. NA-265476
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs,
John D.Perkey and Theresa M. Perkey
USER MAI rORSIS CERTOFSERVICE
JOHN D. PERKEY and ,
THERESA M. PERKEY, her
husband, ,
Plaintiffs ,
V. ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DRENNING LEASING COMPANY and :
its subsidiary, RAIBLE'S
COMMERCIAL WAREHOUSE,
Defendants
No. 96-0469 CIVIL TERM
AND NOW, this 10th day of February, 1999, upon
consideration of Plaintiffs, Petition to strike this matter from
the purge list, and it appearing that no depositions have been
taken in the matter, and that Plaintiffs, counsel, Marcus A.
McKnight, III, Esquire, appeared at the oral argument scheduled
for this date by order of Court dated October 27, 1998, and that
Defendants' counsel did not appear, it is ordered and directed
that the case is stricken from the purge list and may proceed as
an active case. It is noted further that activity in the case
did occur shortly before the call of the purge list.
By the Court,
ali
MARCUS A. McKNIGHT, III, ESQUIRE
60 West Pomfret Street
Carlisle, PA 17013
For the Plaintiffs
JOHN J. SYLVANUS, ESQUIRE
138 E. Market Street
P.O. BOX 2588
York, PA 17405-2588
Court Administrator
J
Jr., J.
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Curtis R. Long
Prothonotary
office of the i9rotbonotarp
Cumberranb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
9L ` 4 7 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
RCP230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573