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'rl ~ .., ~ c: 'U 'rl g~ ~ ~ B~ ~ I1l I ., ~ 'Jl "" 0. ti tlJ ~~...: ~ ~~ Q ~~ ~ ~ ~ ~ ~I ~~ ~~ tJ dd . ~ h@l (J)~ ~ ~~ ~~ ~ r~ , " , I , - ~ , , ' , , , " I' " i, ," , ' , , ,I" . _, -I , ' ,,' '.'_ 'I' '. , , . , . , I" '. '-1 I ,'; I . .t, i . . . . . ADAM BONK and MARGARET BONK, I Plaintiffs I VB. l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ARBITRATION DEMANDED STEPHEN R. BOCCARD and BORTEK I INDUSTRIES, INC" Defendants NOTICB TO NO, OF 199~ 91. - ~p;J.,r C.ud 1Cfl-J'. DBFBNp - , 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 en tering a wri t ten 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 wi thout 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 Plaintiffs. 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 SE'r FORTH BELOW TO FIND OU2' WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 4 TH FLOOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 ADAM BONK and MARGARET BONK, I I Plaintiffs I vs. I r STEPHEN R. BOCCARD and BORTEK r INDUSTRIES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ARBITRATION DEMAND8D COMPLAINT NO. OF 1996 9(, " $RJ. ,j-' The Plaintiffs, ADAM BONK and MARGARET BONK, by and through , their counsel, Elias & Associates, hereby complain about the above-named Defendants as follows: 1. The Plaintiffs, ADAM BONK and MARGARET BONK, are adult individuals currently residing at 131 Oak Street, Nanticok~, Luz~rne County, Pennsylvania 18634. 2. The Defendant, STEPHEN R. F.JOCCARD, is an adult individual who currently resides at P.O. Box 2, Harrisburg, Dauph.in County, Pennsylvania 17108. 3. The Defendant, BORTEK INDUSTRIES, INC., is a Pennsylvania corporation duly organized and existin9 under the laws of the Commonwealth of Pennsylvania authorIzed to conduct business in the State of Pennsylvania with its principal place of business located at 1713 Old Gettysburg Road, Mtwh,!lnicBbuz'g, Cumberland County, Pennsylvania 17055. 4. On Sunday, October 23, 1994 at <Ipprox,imtltely 9132 a.m. the Plaintiff, ADAM BONK, was the owner MId openltol' of a 1988 Ford Ranger bearing Pennsylvania Vehicle Reg,istz',lt:1on Number YD61802 and was stopped in the south-bound ,lillltJ ilt a traffic signal at the end of the off ramp of Route 581 at its intersection with Route 15 - South, Camp Hill, cumberland County, Pennsylvania. 5. On the aforesaid date and at the aforesaid time and place, the Plaintiff, MARGARET BONK, was a passenger in the vehicle being operated by her husband, Plaintiff, ADAM BONK. 6. On the aforesaid date and at the aforesaid time and place, the Defendant, STEPHEN R. BOCCARD, was the operator of a 1987 Ford Econoline Truck and was operating said vehicle in a southerly direction on the Route 581 off ramp adjacent to Route 15 South, Camp Hill, Cumberland County, Pennsylvania behind the Plaintiff. 7. At all times relevant hel'eto, the 1987 Ford Econoline Truck operated by the Defendant, STEPHEN R. BOCCARD, was owned by the Defendant, BaRTEK INDUSTRIES, INC. 8. On the aforesaid date and at the aforesaid time and place, the Defendant, STEPHEN R. BOCCARD, was operating the aforesaid 1987 Ford Econoline Truck as the agent, servant, workman and/or employee of the Defendant, BORTEK INDUSTRIES, INC. with the permission and consent of the Defendant, BaRTEK INDUSTRIES, INC., and was acting within the scope of his agency and employment under the direction and control of the Defendant, BaRTEK INDUSTRIES, INC. 9. On the aforesaid date and at the aforesaid time and place, the Defendant, STEPHEN R. BOCCARD, operated his vehicle in 2 such a reckless, careless and negligent manner as to cause his vehicle to collide with the rear of the vehicle operated by the Plaintiff, ADAM BONK, which was lawfully stopped at a traffic light, with such great force and violence thereby causing the I serious and permanent injuries and damages to the Plaintiffs, ADAM BONK and MARGI'.RET BONK, as more fully set forth hereinafter. COUNT I ADAM BONIC and MARGARBT BONIC, PLAINTIPPS VS. STBPHEN R. BOCCARD, DBPBNDANT 10. The Plaintiffs, ADAM BONK and MARGARET BONK, ,incorporate by reference as fully as though the same were herein set forth at length, Paragraphs 1 through 9, inclusive of this Complaint. 11. The damages and injuries to the Plaintiffs, ADAM BONK and MARGARET BONK as hereinafter set forth, were caused by the recklessness, carelessness and negligence of the Defendant, STEPHEN R. BOCCARD, individually and as the agent, servant, workman and/or employee of the Defendant BORTEK INDUSTRIES, INC., as specifically set forth as follows: (a) In then and there failing to maintain proper and adequate contl'ol of his motor vehicle so as to stop h.is vehicle wi thout impacting wi th the rear of the vehicle being d:dven by the Plaintiff, ADAM BONK; 3 (b) In then and there failing to apply his brakes earlier to stop his vehicle before striking the rear of the vehicle driven by the Plaintiff, ADAM BONK, which was lawfully stopped ahead of himl (c) In then and there allowing his attention to be distracted from the road ahead and the traffic thereon, thereby fa,iling to properly observe the vehicle driven by the Plaintiff, ADAM BONK, lawfully stopped ahead of him; (d) In then and there failing to operate his veh.i.cle, at a careful and prudent speed having due regard for the road surface, traffic conditions, weather and other conditions then and there existing; (e) In then and there failing to keep a proper and necessary lookout for other vehicles lawfully on the roadway and, more specifically, the vehicle driven by the Plaintiff, ADAM BONK; (f) In then and ther'e continuing to operate his motor vehicle in a direction towards the vehicle being driven by the Plaintiff, ADAM BONK, when he saw, or in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision; (g) In then and there failing to take proper precautions in the operation of his motor vehicle so as to avoid the collision that occurred; 4 (hi In then and there operating his motor vehicle in a careless and negligent manner without due regard for the rights and safety of the Plaintiffsl (i) In then and there failing to exercise due care and caution under all of the existing circumstancesl (j) In then and there operating his motor vehicle at an excessive rate of speed, (k) In then and there failing to take evasive action, i. e. turning his wheels to the left or right in an attempt to avoid the collision that occurred; (1) In then and there failing to give any warning to the Plaintiffs, ADAM BONK and MARGARET BONK, of the impending and foreseeable accident and imminent danger; (m) In then and there viola ting the laws of the Commonwealth of Pennsylvania regulating the operation of motor vehicles on public highways as more specfically set forth in subparagraphs (a) through (1), inclusive; (p) In otherwise being careless, negligent and reckless under the then and there existing circumstances. 12. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendants, STEPHEN R. BOCCARD and BORTEK INDUSTRIES, INC., and not by any action or inaction on the part of the Plaintiffs, ADAM BONK and MARGARET BONK. 5 COUNT II ADAN BONK and MARGARBT BONK, PLAINTIFFS VS. BORTBK INDUSTRIBS, INC., DBFBNDAN'l' 13. 'rhe Plaintiffs, ADAM BONK and MARGARET BONK, incorporate by reference as fully as though the same were herein set forth at length, Paragraphs 1 through 12, inclusive of this Complaint. 14. The damages and injuries to the Plaintiffs, ADAM BONK and MARGARET BONK, as herein set forth, were caused by the recklessness, carelessness and negligence of the Defendant, BaRTEK INDUSTRIES, INC., as more specifically Bet forth as follows: (a) In then and there failing to properly and adequately train and instruct its employees regarding the use and operation of its vehicles on public highways; (b) In then and there negligently entrusting the Defendant, STEPHEN R. BOCCARV, with the 1987 Ford Econoline Truck, when there was actual knowledge that said Defendant, STEPHEN R. BOCCARD, was incompetent and insufficiently experienced to properly and safely operate this vehicle; (c) In then and there negligently entrusting the aforesaid vehicle to the Defendant, STEPHEN R. BOCCARD, its agent, servant, workman and/or employee, when in the exercise of reasonable diligence, should have known that the Defendant, 6 Paragraphs 1 through 15, inclusive of this complaint. 17. As a result of the carelessness, recklessness anq negligence of the Defendants, as previously set forth, the Plaintiff, ADAM BONK, has suffered severe, painful and disabling injuries, including but not limited to the following: Pain in the cervical spine, thcracic spine and (a) lumbar spine; ~) (c) thoracic spine; (d) (e) spine; (f) spine; (g) lumbar spine; ~) (i) spine; 0) spine; (k) n) (m) Osteoporosis of the lumbar spine; Anterior spinal ligamentous calcification of the Anterior bony bridging of the thoracic spine; Squaring of the vertebral bodies of the thoracic Intervertebral disc calcification of the thoracic Anterior spinal ligamentous calcification of the Anterior bony bridging of the lumbar spine; Squaring of the vertebral bodies of the lumbar Intervertebral disc calcification of the lumbar Narrowing of the C3-4 disc of the cervical spine; Narrowing of the C4-5 disc of the cervical spine; Tenderness of the trapezius muscles bilaterally; 8 20. As a result of the aforesaid injuries, Plaintiff, ADAM BONK, has been obligated to receive and undergo medical attention and care and to expend and incur var,ious expenses for the injuries he has suffered and will be obligated to continue to expend such sums and incur such expenses for an indefinite period of t.ime into the fut.ure. 21. As a result of the aforesaid injuries, the Plaintiff ADAM BONK, has sustained a loss of the everyday pleasures and enjoyrnents of life and will continue to lose such everyday pleasures and enjoyments of life for an indefinite period of time into the future. 22. As a further result of the aforesaid injuries, the Plaintiff, ADAM BONK, has indured pain and suffering and the effects of the injuries and trauma are likely to cause pain, stiffness, soreness, limitation, scarring, humiliation and embarassment for an indefinite period of time into the future. WHEREFORE, the Plaintiff, ADAM BONK, demand judgment against the Defendants, STEPHEN R. BOCCARD and BORTEK INDUSTRIES, INC., for compensatory damages in an amount less than Twenty-Five Thousand ($25,000.00) Dollars, which sum is within the amount requiring compulsory arbitration thereof, under. the applicable statutes of the Commonwealth of Pennsylvania and the local rules of this Court. 10 COUNT IV HAROARB'Z' BONK, PLAINTIrr VB. B'Z'BPHBN R. BOCCARD and BOR'Z'BK INDUB'Z'RIIIS, INC., DllrBWANTS 23. The Plaintiff, MARGARET BONK, incorporates by reference as fully as though the same were hel'ein set forth at length, Paragraphs 1 through 22, inclusive of this Complaint. 24. As a result of the carelessness, r~cklessness and negligence of the Defendants, as previously set forth, the Plaintiff, MARGARET BONK, has suffered severe, painful and disabling injuri~s including, but not limited to the fo110wingl Pain in the cervical spine, thoracic spine and (a) lumbar spine; (b) spine; (c) (d) (e) (f) (g) (h) Scalp avulsions, sprain/strain of the thoracic Head contusion; Narrowing of the discs of the thoracic spine; Osteoporosis of the thoracic spine; Scoliosis of the thoracic spine; Dural calcification of the skull; Tenderness of the right paravertebral muscles at the level ot T-10 of the thoracic spine; (i) Abrasion of the right occipital area with ecchymosis; 11 (j) (k) T.8 levels, (l) (m) (n) (0) (p) (q) (r) Tenderness on the top of skull, Tenderness of the thoracic spine at the T~6 and Hematoma of the occipital area, Restriction of motion, Limitation of activities, Severe headaches; Mental distress and anxiety; Depression, nervousness and irritability, Difficulty sleeping. 25. As a resul t of the aforesaid injuries, the Plaintiff MARGARET BONK, has been rendered sick, sore and disabled and has. sustained physical and mental pain and great discomfort, all of which have required medical care and treatment. The Plaintiff, MARGARET BONK, is inf.ormed, believes and therefore avers that her injuries are of a continuing and permanent nature and that she will therefore continue to so suffer into the future, thereby requiring additional treatment for an indefinite period of time into the future. 26. As a result of the aforesaid injuries, the Plaintiff MARGARET BONK, has been obligated to receive and undergo medical attention and care and to expend and incur various expenses for the injuries she has suffered and will be obligated to continue to expend such sums and incur such expenses for an indefini te period of time into the future. 12 27. As a result of the aforesaid injuries, the Plaintiff, MARGARET BONK, has sustained a loss of the everyday pleasures and enjoyments of life and will continue to lose such everyday pleasures and enjoyments of life for an indefini te period of time in to the fu ture. 28. As a further result of the aforesaid injuries, the Plaintiff, MARGARET BONK, has indured pain and sUffering and the effects of the injuries and trauma are likely to cause pain, stiffness, soreness, limitation, humiJ.iation and embarassment for an indefinite period of time into the future. WHEREFORE, the Plaintiff, MARGARET BONK, demand judgment against the Defendants, STEPHEN R. BOCCARD and BORTEK INDUSTRIES, INC., for compensatory damages in an amount less than Twenty-Five Thousand ($25,000.00) Dollars, which sum is within the amount requiring compulsory arbitration thereof, under the applicable statutes of the Commonwealth of Pennsylvania and the local rules of thi s Court. COUNT V ADAM BONIC, Indiv1dually, PLAINTIFF VB. BrBPHIIN R. BOCCARD and BORrBIC INDUBrRIBB, INC., DBFBNDANTB 29. The Plaintiff, ADAM BONK, individually, hereby incorporates by reference as fully as though the same were herein 13 ADAM BONK snd MARGARET BONK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plslntlff!.I, va. CIVIL ACTION - LAW STEPHEN R. BOCCARD and BORTEK INDUSTRIES No. 96-5828 Defendant!al. CERTIFICATE OF SERVICll I. Denise M. Velente, an amployae for the law firm Post & Schell, P.C., hereby state that a true and correct copy of the foregoing Entry of Appearance was served upon ell counsel of record by first class United States mall, postage prepaid. addressed as follows, on the date set forth below: Bv First Class U.S...MllJ.l:. Robert D. Elias. Esquire Joseph P. Novak, Esquire ELIAS & ASSOCIATES 395 S. Franklin Street Wilkes-Barre. PA 18702 POST & SCHELL, P.C. Dated: ({ II ?J/~ . '0~~Q~ctQ Denise M. Valente , " , , , " '>1', , 'I " " 1 , , , , , " , 1 , \ " , , ,1/ , " " , , , , "I f' , 1 ,I , I , ,I I , I , " I " , I , I I 1 , ,',' 1 "I , ". II , , , , " /. . "'I , I I , "II , I, , , , , ,,' 'I 'I , II " " Iii 'I " II " " , ~ ,.:I' I , , , " '>- .11, (../ r~,. ," j,;t ~ ,I .. ~:3~ ' " tj0\ - IJ'11 .- " I, I , I bt, ;;'2 '-)~ " " " , , " I, , , , ... 1 'l (' , , .~ '- " rSl \t~ ,..: v.l " , -. , ;j,~ " .. J' ." , , I' , 1.'" IT "i !l~ " 1 , , -i' ..1 , ~: a, 1 , " ,r.t ,/ , , " " I, <.J c.n, , I' " '! " " , " 'T 1 " 1 , ,/ " , 'I I , ~ i ' I , , , , ! , " , ;, , " ,J " " i,I' " , 1 , , , 1 , , 'i' ,-I' , ")1 " , , 1>' , I " ", , " , , , .. ,I' " !"I , 'Ii . , " " ,,,II , , , , .. ',' " " " 1 , I, 1 , a -- I' . " ,I " " I, , , I, , , " , I" , I' .' , I III I> '1IlHV f'H'P 'J.,\~ii!-',"llj't\I\~~. , , . ELIAS AND ASSOCIATES Attorneys ,lit Lllw 39~ Soulh franklin Slreet WUkes.B~rre. PA,IK702 d" " " . . '.. \ " I,. . '-.-"f' )..~., t;~. .;, ~.."t' '1"'\ 'i-," '."1ft 'fl' -j ""J.,_, I, , , '.Ct "hI, .<tllt-~I-''-'I'''''''''''~~_''~'''4\1I'''iN, .',............ntl......,J.. \,',.,._k~J,!"1 "It _'T'" , I I , , I ,~ . III h ,Ii ", " , } , "\ 'I " ,'J I .' '} " I ADAM BONK and MARGARET BONK, I I Plaintiffs I VS. I I STEPHEN R. BOCCARD and BORTEK I INDUSTRIES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ARBITRATION DE~ED NO. OF 1996 1 COMPLAINT The flaintiffs, ADAM BONK and MARGARET BONK, by and through their counsel, Elias & Associates, hereby complain about the above-named Defendants as follows: 1. The Plaint.iffs, ADAM BONK and MARGARET BONK, are adul t individuals currently residing at 131 Oak Street, Nanticoke, Luzerne County, Pennsylvania 18634. 2. The Defendant, STEPHEN R. BOCCARD, is an adult individual who currently resides at P.O. Box 2, Harrisburg" Dauphin County, Pennsylvania 17108. 3. The Defendant, BaRTEK INDUSTRIES, INC., is a Pennsylvania corporation d[Jly organized and existing under the laws of the Commonwealth of Pennsylvania authorized to conduct business in the State of Pennsylvania with its principal place of business located at 1713 Old Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On Sunday, October 23, 1994 at approximately 9:32 a.m. 1 the Plaintiff, ADAM BONK, was the owner and operator of a 1988 Ford Ranger bearing Pennsylvania Vehicle Registration Nulnb.er YD61802 and was stopped in the south-bound lane at a traffic signal at the end of the off ramp of Route 581 at its intersection with Route 15 - South, Camp Hill, Cumberland County, Pennsylvania. 5. On the aforesaid date and at the aforesaid time and place, the Plaintiff, MARGARET BONK, was a passenger in the vehicle being operated by her llUsband, Plaintiff, ADAM BONK. 6. On the aforesaid date and at the aforesaid time and place, the Defendant, STEPHEN R. BOCCARD, was the operator of a 1987 Ford Econoline Truck and was operating said vehicle in a southerly direction on the Route 581 off ramp adjacent to Route 15 South, Camp Hill, Cumberland County, Pennsylvania behind the Plaintiff. 7. At all times relevant hereto, the 1987 Ford Econoline Tl:"uck operated by the Defendant, STEPHEN R. BOCCARD, was owned by the Defendant, BORTEK INDUSTRIES, INC. 8. On the aforesaid date and at the aforesaid time and place, the Defendant, STEPHEN R. BOCCARa, was operating the aforesaid 1987 Ford Econoline Truck as the agent, servant, workman and/or employee of the Defendant, BORTEK INDUSTRIES, INC. with the permission and consent of the Defendant, BORTEK INDUSTRIES, INC., and was acting within the scope of his agency and employment under the direction and control of the Defendant, BORTEK INDUSTRIES, INC. 9. On the aforesaid date and at the aforesaid time and place, the Defendant, STEPHEN R. BOCCARD, operated his vehicle in 2 such a reckless, careless and negligent manner as to cause his vehicle to. collide with the rear of the vehicle operated by the Plaintiff, ADAM BONK, which was lawfully stopped at a traffic light, with such great force and violence thereby causing the serious and permanent injuries and damages to the Plaintiffs, ADAM BONK and MARGARET BONK, as more fully set forth hereinafter. COUNT I ADJIM SONIC and MARGARET BONK, PLAINTIFFS VB. STEPHEN R. BOCCARD, DEFENDANT 10. The Plaintiffs, ADAM BONK and MARGARET BONK, incorporate by reference as fully as though the same were herein set forth at length, Paragraphs 1 through 9, inclusive of this Complaint. 11. The damages and injuries to the Plaintiffs, ADAM BONK and MARGARET BONK as hereinafter set forth, wer.e caused by the recklessness, carelessness and negligence of the Defendant, STEPHEN R. BOCCARD, individually and as the agent, servant, workman and/or employee of the Defendant BaRTEK INDUSTRIES, INC., as specifically set forth as follows: (a) In then and there failing to maintain proper and adequate control of his motor vehicle so as to stop his vehicle without impacting with the rear of the vehicle being driven by the Plaintiff, ADAM BONK; 3 (b) In then and there failing to apply his brakes earlier to stop his vehicle before striking the rear of the vehicle driven by the Plaintiff, ADAM BONK, which was lawfully stopped ahead of him; (c) In then and there allowing his attention to be distracted from the road ahead and the traffic thereon, thereby failing to properly observe the vehicle driven by the Plaintiff, ADAM BONK, lawfully stopped ahead of him; (d) In then and there failing to operate his vehicle at a careful and prudent speed having due regard for the road surface, traffic conditions, weather and other conditions then and there existing; (e) In then and there failing to keep a proper and necessary lookout for other vehicles lawfully on the roadway and, more specifically, the vehicle driven by the Plaintiff, ADAM BONK; (f) In then and there continuing to operate his motor vehicle in a direction towards the vehicle being driven by the Plaintiff, ADAM BONK, when he saw, or in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision; (g) In then and there failing to take proper precautions in the operation of his motor vehicle so as to avoid the collision that occurred; 4 (h) In then and there operating his motor vehicle in a careloss and negligent manner without due regard for the rights and safety of the Plaintiffsl (i) In then and there failing to exercise due care and caution under all of the existing circumstancesl (j) In then and there operating his motor vehicle at an excessive rate of speed, (k) In then and there failing Co take evasive action, i.e. turning his wheels to the left or right in an attempt to avoid the collision that occurred, (1) In then and there failing to give any warning to the Plaintiffs, ADAM BONK and MARGARET BONK, of the impending and foreseeable accident and imminent danger I (m) In then and there violating the laws of the commonwealth of Pennsylvania regulating the operation of motor vehicles on public highways as more specfically set forth in subparagraphs (a) through (1), inclusivel (p) In otherwise being careless, negligent and reckless under the then and there existing circumstances. 12. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendants, STEPHEN R. BOCCARD and BORTEK INDUSTRIES, INC., and not by any action or inaction on the part of the Plaintiffs, ADAM BONK and MARGARET BONK. 5 COUNT II ADM BONK and NARGARBT BONK, PLAINTIrrS VS. BORTIIIC INDUSTRIzrS, INC., DIIPBNDANT 13. The Plaintiffs, ADAM BONK and MARGARET BONK, incorporate by rdference as fully as though the same were herein set forth at length, Paragraphs 1 through 12, inclusive of this CompJ.aint. 14. The damages and injuries to the Plaintiffs, ADAM BONK and MARGARET BONK, as herein set forth, were caused by the recklessness, carelessness and negligence of the Defendant, BaRTEK INDUSTRIES, INC., as more specifically set forth as follows: (a) In then and tIlere failing to properly and, adequately train and instruct its employees regarding the use and operation of its vehicles on public highways; (b) In then and there negligently entrusting the Defendant, STEPHEN R. BOCCARD, with the 1987 Ford Econoline Truck, when there was actual knowledge that said Defendant, STEPHEN R. BOCCARD, was incompetent and insufficiently experienced to properly and safely operate this vehicle; (c) In then and there negligently entrusting the aforesaid vehicle to the Defendant, STEPHEN R. BOCCARD, its agent, servant, workman and/or employee, when in the exercise of reasonable diligence, should have known that the Defendant, 6 Paragraphs 1 through 15, inclusive of this complaint. 17. As a result of the carelessness, recklessness and negligence of the Defendants, as previously set forth, the Plaintiff, ADAM BONK, has suffered severe, painful and disabling injuries, including but not limited to the followingl (a) Pain in the cervical spine, thoracic spine and lumbar spinel (b) Osteoporosis of the lumbar spinel (c) Anterior spinal ligament~us calcification of the thoracic spine, (d) Anterior bony bridging of the thoracic spinel Squaring of the vertebral bodies of the thoracic (e) spine, (f) spine; (g) 1 umbar spinel (h) (i) spine, (j) spinel (k) (1 ) (m) Intervertebral d.isc calcification of the thoracic Anterior spinal ligamentous calcification of the Anterior bony bridging of the lumbar spinel Squaring of the vertebral bodies of the lumbar Intervertebral disc calcification of the lumbar Narrowing of the C3-4 disc of the cervical spinel Narrowing of the C4-5 disc of the cervical spinel Tenderness of the trapezius muscles bilaterallYI 8 (n) Tenderness of the paravertebral muscles of the cervical spinef (0) Tenderness ~f the paravertebr&l muscles of the thoracic spine bilaterallYf (p) Decreased range of motion, spasm of the right side T-6 level of the thoracic spinef (q) Limitation of activitiesf (r) Mental distress and anxietYf (s) Severe headachesf It) Depression, nervousness and irritabilitYf (u) Difficulty sleeping. : r , 18. As a result ot the aforesaid injuries, the plaintiff ADAM BONK, has been rendered sick, sore and disabled and has sustained physical and mental pain and great discomfort, all of which have required medical Gare and treatment. 19. As a result of the aforesaid injuries, the Plaintiff ADAM BONK, has been rendered sick, sore and disabled and has sustained physical and mental pain and great discomfort, all of which are requiring medical care and treatment. The Plaintiff, ADAM BONK, is informed, believes and therefore avers that his injuries are of a continuing and permanent nature and he will therefore continue to so sufter in the future, thereby requiring additional medical treatment for an indefinite period of time into the future. ., , .' r" , t. i :.r,.\ " .JI::1 ('I ('/Ii ~F j:l~" J,ll ~ , !', Y , ~, I I" . " .0,. , , . , , ! 9 20. As a resul t of the aforesaid injuries, Plaintiff, ADAM BONK, has been obligated to receive and undergo medical attention and care and to expend and incur various expenses for the injuries he has sllffered and will be obligated to continue to expend such sums and incur such expenses for an indefinite period of time into the future. 21. As a result of the aforesaid injuries, the Plaintiff ADAM BONK, has sustained a loss of the everyday pleasures and enjoyments of life and will continue to lose such everyday pleasures and enjoyments of life for an indefinite period of time into the future. 22. As a further result of the aforesaid injuries, the Plaintiff, ADAM BONK, has indured pain and suffering and the effects of the injuries and trauma are likely to cause pain, stiffness, soreness, limitation, scarring, humiliation and embarassment for an indefinite period of time into the future. WHEREFORE, the Plaintiff, ADAM BONK, demand judgment against the Defendants, STEPHEN R. BOCCARD and BORTEK INDUSTRIES, INC., for compensatory damages in an amount less than Twenty-Five Thousand ($25,000.00) Dollars, which sum is within the amount requiring compulsory arbitration thereof, under the, applicable statutes of the Commonwealth of Pennsylvania and the local rules of this Court. 10 COUNT IV HAIlGARBT BONIC, PLAINTIF" VS. STBPHIGN R. BOCCARD and BORTBIC INDUSTRIBS, ;rNC., DEFENDANTS 23. The Plaintiff, MARGARET BONK, incorporates by reference as fully as though the ~ame were herein set forth at length, Paragraphs 1 through 22, inclusive of this Complaint. 24. As a result of the cQrelessness, recklessness and negligence of the Defendants, as previously set forth, the Plaintiff, MARGARET BONK, has suffered severe, painful and disabling injuries includi.ng, but not limited to the following: Pain in the cervical spine, thoracic spine and (a) lumbar spine; (b) spine; (c) (d) (e) (f) (g) (h) Scalp avulsions, sprain/strain of the thoracic, Head contusion; Narrowing of the discs of the thoracic spine; Osteoporosis of the thoracic opine; Scoliosis of the thoracic spine; Dural calcification of the skull; Tenderness of the right paravertebral muscles at the level of T-10 of the thoracic spina; (i) Abrasion of the right occipital area with ecchymosis; 11 (j) (k) T-8 levels f (l) (m) (n) (0) (p) (q) (r) " Tendernoss on the top of skullf Tenderness of th~ thoracic spine at the T-6 and Hematoma of the occipital area; Restriction of motion; Limitation of activities; Severe headaches; Mental distress and anxietYf Deprossion, nervousness and irritabilitYf Difficulty sleeping. 25. As a result of the aforesaid injuries, the Plaintiff MARGARET BONK, has been rendered sick, sore and disabled and has sustained physical and mental pain and great discomfort, all of which have required medical care and treatment. The Plaintiff, MARGARET BONK, is informed, believes and therefore avers that her injuries are of a continuing and permanent nature and that she will therefore continue to so suffer into the future, thereby requiring additional treatment for an indefinite period of time into the future. 26. As a result of the aforesaid injuries, the Plaintiff MARGARET BONK, has been obligated to receive and undergo medical attention and care and to expend and incur various expenses for the injuries she has suffered and will be obligated to continue to expend such sums and incur such expenses for an indefinite period of time into the future. 12 " set forth at length, Paragraphs 1 through 28, inclusive of this Complaint. 30. The Plaintiff, ADAM BONK, as the husband of the Plaintiff, MARGARET BONK, has been deprived and will continue to, lose the society, companionship, aid, assistance, earnings and consortium of his wife, all of which have been to his great emotional loss and detriment. WHEREFORE, the Plaintiff, ADAM BONK, demands judgment 'against the Defendants, STEPHEN R. BOCCARD and BORTEK INDUSTRIES, INC., for compensatory damages in an amount less than Twenty-Five Thousand ($25,000.00) Dollars, which sum is within the amount requiring compulsory arbitration thereof, under the applicable statutes of the Commonwealth of Pennsylvania and the local rules of this Court. COUNT VI MARGARBT BONK, Individually, PLAINTIFF VS. STEPHBN R. BOCCARD and BORTEK INDUSTRIES, INC., DEFENDANTS 31. The Plaintiff, MARGARET BONK, individually, hereby incorporates, by reference as fully as though the same were herein set forth at length, Paragraphs 1 through 30, inclusive of this Complaint. , I 14 ., , " ... .'., . (;-: CI of.... 1-.:1 t-- ~~;: . ~ i1. u': ('je ", h 1_. N cr. II. :,. J!: f~': I -.. I'. '11 (..; en , (' ""', ~ .,.. I... ".. r:. ")",, :')', .j;~: f" ' I~~ ';~1 Ilt~ 01", ,IIJ.. ':i 1..\ . . ~ !;; ]~ ~ CIl CIl ""' .., ""' ~~ I:l .~ ~ .... {J S .., I:l ~ .... ~~ lJ '0 III ~ .... 'Xl1g III co 0. Q C'l ~ ~~ co Ii) , , ~~ I '" 'Xl I '" ~i' ~ ~ ~13 tJ)'Xl I ~ ~~ ~~ tl m " , I .. ~ - ~ a:J<"'I El~ ~~: ~3!Q.; < ~,~ ~ ~ ~~ ' <:ilc5l] CIl ~ I:j < "" - ,...1 W , i"r. -. '- .II 1-- ;<' ~.. '(.:j ').,~ l~ '<, 1E '. '~. i' ';:0.. . " oi :';;~ ~ tl~ c:n l~ I ".~ ' Lt~.\! -- "il J .1... ~y ..r, ~- '-' a ~ \;\ , .. , , , , ,"~I " , , 1.1, '.' \1 , i','J"I') 011 II, ,I v;, ,I,! , " , " .,. , " " ., " .. II . , I 'I "'ll ;, I -r! q " I' " " , ., " , " " I , " 'I " I " " I' I'! '1'1 " , . : " ., .. " ., " , ,'I 'I I'll I I ,,' , ;' , , " ' " NBW MATTBR Answering Defendants hereby raise the following New Matter pursuant to Pa. R.C.P. 1026, 1030 and 1032: 33. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 34. The applicable Statute of Limitations may have expired prior to the institution of this action. 35. Answering Defendants were not negligent. 36. Any acts or omission of Answering Defendants alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 37. The incident and/or damages described in Pla.intiffs' Complaint may have been caused or contributed to by the Plaintiffs. 38. The negligen t acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 39. The Plaintiffs may have assumed the risk. 40. The Plaintiffs may have been contributorily negligent. 41. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by answering Defendants. 42. Plaintiffs may not have properly mitigated their damages. 43. Defendants reserve the right to interpose such other defenses to Plaintiffs' cause of cause of action as continuing investigation, discovery and trial may impose. 44. Defendants aver that Plaintiff's claims are subject to, and limited by, the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, as amended. 45. Defendants aver that Plaintiffs' claims are subject to and limi ted by an automobile insurance coverage election made, or arising, pursuant to the Pennsylvania Motor Vehicle Financial Responsibilities Law, as amended. 46. Plaintiffs are precluded from any /lon-economic dfimages because of a selection of limited tort made under the Pennsylvania Motor Vehicle Responsibility Law coupled with the fact that the "injury" is not serious. WHEREFORE, answering Defendants deny any and all liability to any party to tlle within litigation, demand that the Complaint against them be dismissed with prejUdice, and that judgment be entered in their favor. Respectfully submitted, POST & SCHELL, p.e. BY: 1< ".-t~ , Kenneth G. D' ne, I.D. Number: 78 101 North Fron Harrisburg, PA (717) 232-5931 Esquire Attorney for Defendants " " " , II! " " " II', , " , " I , .. , , I ,,' \\ I " '. ,', , ',I I " I' " J,' ;.1 " " " ,I " , , , , ., " , " " I' , , 'I , , , I I, . " !, , 'I I' I I /,11 , , , /1 " " I " , , , , ., " , , ,\ " , I I' " 'I " 'I I, , , " , I " " , , " I' , , .~ r-PI~ " , ~ " , , 1'.1 .' " " , , " ,t, ~ I , ,I I . i' , , " ) , I' , , . , " , , .. , , , , , I, " " , 'II , .. , 'I " , " 'I " , " , ,II' , , , , ',' , , " , , ?,.~ , , , -, ,. r-; i-~ ,: , !,I': ~t' , ril, 1'- " r 'I,,) : ,),1 " , , < I ., ::r.: !,~ , , , ;'1 ::r. , , . 1', 1:':;, , (' q /' ."~i , , " t- . 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