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Home My WebLink About96-01107 . ' \ ) , I ! i' I~ ~ I,,~ ~ $: :0 " :) J t-- ~I '. " <I'" ~- ~-.. . ----.. , , " ~ ._-, -<.. -- I \j~) '0 ,"" f,~_<) - -. , ' 1;; ,t ~ -- ._.._~ .~..""(' < - z V'l < <C :> u u.J -' VI l/l '" .-J >- Z ... - 4J +-' c..i 0.. l/) < ... NU c: ... $! z ....z "" 0; '" :l! - ;z z '" +-' -'< " ,... 0 4J a:> c: => z c: Ii t; ~ a.. '0 .~ J::UJ <IJ .... 0 'Oc: 10 u.... ... z (Jl III ... <i 0; 0 -3 UJ c: 10 ~ l/lZ <IJ '" Z z z ,... u>-< "" "'''' a.. 0 < u ~ 0 z '" .... -' z VI '0< -' ;i: a: ~ a, ... "- z < "':;) c:::a: a.. 0 a: ... '" 0 ::l :E: UJJ:: 10 :E: X ci N 0 UJ Z "" a 3: oil... a: ;::: ..... UZ 0 ....... UJ U <( 0 a:::J - c:: 0 .....<IJ J::C$l -' ~ ill !:: :::> 0- -' UJ J:: uZ ~"':i! OZ.... < '" 0- u<u - za.. -' < '" .", ""< ~Sl<( u.J '" .... '" Ui U .. X ::t: UJ -' Z l/ll/l .....a:>_ >- z u. > UJO :E:> .", 3"- ::a:z Z:::l-O::J <Ui << _uuz~ 0'" ,..., -' DAWN R. REFFNER, and BRIAN C. REFFNER, her hu.band, Plaintith IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN~'SYLVANIA CIVIL ACTION - LAW v. '/ '.. II .,. I il;'.(' j-.. 'I'.... NO. JAMES KNOCHE, and SCHULTZ'S LANDSCAPING , MAINTENANCE, Detendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintift. Dawn R. Rettner and Brian C. Rettner are hu.band and wite, adult individuals, citizens ot the Commonwealth ot Pennsylvania, who reside at 212 Cotteetown Road, Dillsburg, York County, penn.ylvania. 2. Detendant James Knoche is an adult individual, citizen ot the Commonwealth ot Pennsylvania, who resides at 206 North 32nd Street, Camp Hill, CUmberland County, Pennsylvania. 3. Detendant Schultz's Landscaping , Maintenance is a land.caping bu.inesB maintaining an address at 300 North 17th Street, Camp Hill, cumberland County, Pennsylvania. 4. The tacts and occurrences hereinatter related took place on or about October 31, 1994, at approximately 7:45 a.m., on Route 15, Camp Hill, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff Dawn R. Rettner was operatinq a 1988 Astro minivan (1) and was travellinq north on Route 15, Camp Hill, Cumberland County, Pennsylvania. 84955/CLN 6. At that time and place, Defendant James Knoche was operating a pickup truck towing a trailer full of landscape equipment and was travelling north on Route 15, directly behind Plaintiff Dawn R. Reffner. 7. At that time and place, Defendant James Knoche operated the truck in the course and scope of his employment with Defendant Schultz's Landscaping' Maintenance. 8. At that time and place, traffic was moving elowly and Plaintiff Dawn R. Reffner applied her brakes and stopped in a line of traffic. 9. At that time and place, Defendant James Xnoche operated Defendant Schultz's Landscaping' Maintenance's vehicle at a high rate of speed, failed to stop for the line of stopped traffic and struck the Reffner vehicle. 10. At that time and place, the front portion of Defendant Schultz's Landscaping vehicle violently collided with the rear portion of the Reffner vehicle. comrr I Dawn R. Reffner and Brian C. Reffner v. James Xnoche 11. Paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated herein by reference. u. The foregoing accident and all at the injuries and daaage. .et torth hereinatter sustained by Plaintitfs Dawn R. Rettner and Brian C. R8ttner are the direct and proximate result of the neqligent, careless, wanton, and reckless manner in which Oefendant Jame. Xnoche operated the pickup truck in the scope and cour.e of hi. employment for Defendant Schultz's Landscaping , Maintenance as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the hiqhway; (b) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (c) failure to apply his brakes in sufficient time to avoid strikinq the Reffner vehicle; (d) failure to travel at a safe speed; (e) failure to keep a proper watch for traffic on the highway; (f) failure to take reasonable evasive action to avoid the accident; (g) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and at which he was or should have been aware; (h) failure to keep proper and adequate control over his vehicle, and; (i) driving his vehicle upon the highway in a manner endanqering persons and property and in a reckless manner with careless disregard to the rights and safety at others and in violation of the Motor Vehicle Code ot the Commonwealth ot Pennsylvania. 3 COUJl'l' II Dawn R. Reffner and Brian C. Reffner v. Schultz's Landscacina & Maintenance 13. Paragraphs 1 through 12 ot Plaintiffs' complaint are incorporated herein by reference. 14. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Dawn R. Reffner and Brian C. Reffner are the direct and proximate result of the careless, wanton, and reckless manner in which Defendant Schultz's Landscaping & Maintenance employed Defendant James Knoche and entrusted Defendant Knoche with the pickup truck as follows: (a) hiring and retaining a driver whom it was aware or should have been aware was not competent and qualified to operate a truck on the public highways and who did not exercise the increased care and precautions necesRary with a truck and trailer; (b) failing to properly train and instruct its driver in the proper manner of operating its truck; (c) permitting Defendant Knoche to operate its truck although he knew or should have known that Mr. Knoche did not have any training, experience and judqment to adequately control and operate it; (d) hiring, instructing and retaining its operator and maintaining its truck in a manner which endangers persons and property without due regard for the rights and safety of others on the highway and in violation of the Pennsylvania Motor Vehicle Code; (e) permitting Defendant Knoche to operate the truck although it knew or should have known that he was careless or reckless in the operation of trucks or other motor vehicles; 4 18. Because of the nature of her injuries, Plaintiff Dawn R. Reffner has been advised and, therefore, avers that she may be forced to incur eimilar expenses in the future, and claim is made therefor. 19. "S a result of the aforementioned collision and resulting injuries, Plaintiff Dawn R. Reffner has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. :lO. As a result of the aforementioned collision and resulting injuries, Plaintiff Dawn R. Reffner has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. U. As a result of the aforementioned collision and resulting injuries, Plaintiff Dawn R. Reffner has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. :l:l. Plaintiff Dawn R. Reffner continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 6 CUlM II Brian C. Rettner v. James Knoche and SChultz's LandscaDina , Maintenance 23. Paragraphs 1 through 22 ot Plaintifts' Complaint are incorporated herein by reterence. 24. As Il result ot the atorementioned collision and resulting injurie. .ustained by hi. wite, Plaintitt Dawn R. Rettner, Plaintift Brian C. Rettner has been and may in the tuture be deprived ot the care, companionship, consortium, and society ot his wite, allot which will be to his great detriment, and claim is made theretor. WHEREFORE, Plaintitts Dawn R. Rettner and Brian C. Rettner demand jud91llent against Detendants James Knoche and Schultz'. Landscaping , Maintenance in an amount in excess ot Twenty-Five Thousand Dollars ($25,000.00), exclusive ot interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. lock, Esqu re 1.0. 281 450 rth Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs Date: February 26, 1996 VERIfICATION We, DAWN R. REFFNER and BRIAN C. REFFNER, her husband, Plaintitts have read the toregoing PLAINTIrrS' COMPLAINT and do swear or attirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalti.s ot 18 Pa.C.S.A., Section 4904, relating to unsworn talsitication to authorities. // ,/-/, .. ,- J'. )) I J k, \....... "'I t . \\ \~ ~ '~h ^ l \ Dawn R. Reffner W ~-' ,~ . r~('" ~ tlr an cr:~Reffner W / Date: ,7/1/1'11/ 85259/HLM 9-10. are denied. Pursuant to Pa. R. Civ. P. 1029(e), paragraph 9-10 COUNT I 11. Paragraphs 1-10 above, are incorporated herein by reference. 12. Pursuant to Pa. R. Civ. P. 1029(e), denied. WHEREFORE, Defendant Knoche demands judgment in his favor, together with costs, and against Plaintiffs as to Count I of their Complaint. COUNT II 13. Paragraphs 1-12, above, are incorporated herein by reference. 14. Pursuant to Pa. R. Civ. P. 1029(e), denied. WHEREFORE, Defendant Sch'lltz's Landscaping & Maintenance demands judgment in its favor, together with costs, and against Plaintiffs with respect to Count II of their Complaint. CLAIM I 15. paragraphs 1-14, above, are incorporate herein by reference. 16-22. Pursuant to Pa. R. Civ. P. 1029(e), denied. WHEREFORE, Defendants demand judgment in their favor, together with costs, and against Plaintiffs with respect to nClaim In of their Complaint. CLAIM II 23. Paragraphs 1..22 above, are incorporated herein by reference. 24. Pursuant to Pa. R. Civ. P. 1029(e), denied. - 2 -