HomeMy WebLinkAbout07-1004F:\FIL.ES\DATAFILE\Donegal3050\Current\444\444. com\tde
Created: 1130104 10:10AM
Revised: 2/15/07 3:30PM
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
TRUMAN M. SMINKEY,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07 - 16OLI
" l
PENNSY SUPPLY, INC. and
JAMES M. LESHER, JR.,
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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
TRUMAN M. SMINKEY,
Plaintiff
V.
PENNSY SUPPLY, INC. and
JAMES M. LESHER, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07- /6V 9 &'U.-( 4l.
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff, Truman M. Sminkey, is an adult individual residing at 14 Robin Court,
Mechanicsburg, Pennsylvania, 17055.
2. Defendant, James M. Lesher, Jr., is an adult individual residing at 230 N. Crossroads
Road, Lykens, Dauphin County, Pennsylvania 17048.
3. Defendant, Pennsy Supply, Inc., is a corporation with an address of 1001 Paxton
Street, Harrisburg, Dauphin County, Pennsylvania 17104.
4. On or about October 3, 2006, Plaintiff was operating a 1998 Buick Century.
5. On or about October 3, 2006, Defendant Lesher was operating a 1999 Peterbilt
cement truck owned by Defendant Pennsy Supply, Inc.
6. On or about October 3, 2006, Plaintiff was traveling north on Cedar Cliff Drive in
Lower Allen Township, Cumberland County, Pennsylvania.
7. On or about October 3, 2006, Defendant Lesher drove the cement truck across
Carlisle Road onto Cedar Cliff Drive and collided with the Plaintiff's vehicle.
8. Defendant Lesher otherwise failed to use due care and caution under the
circumstances.
COUNT I - Negligence
Truman M. Sminkey v James M Lesher Jr
9. Plaintiff incorporates and makes part of this Complaint, Paragraphs 1-8 above, as if
the same were set forth fully below.
10. The aforementioned collision was caused as a result of the negligence, recklessness,
and carelessness of Defendant Lesher in that he:
(a) operated a vehicle in a careless, reckless, and negligent manner;
(b) failed to properly operate and control the vehicle;
(c) failed to operate the vehicle under the proper control so as to avoid striking
Plaintiff's vehicle;
(d) failed to keep a proper lookout;
(e) failed to use due care under the circumstances;
(f) operated the vehicle in disregard of the rules of the road, the ordinances of the
local municipality, and the laws of the Commonwealth of Pennsylvania,
including, but not limited to, the motor vehicle code, 75 Pa. C.S.A. § 3331
and;75 Pa. C.S.A. § 3714.
11. At all times material hereto, Plaintiff acted with due care and was not contributorily
negligent.
12. As a direct and proximate result of Defendant Lesher's negligence, Plaintiff suffered
damages in the amount of $2;821.72, a copy of the repair estimate is attached hereto as Exhibit "A."
WHEREFORE, Plaintiff demands judgment against Defendant Lesher in the amount of
$2,821.72, plus costs, interest, and any other relief that the court deems appropriate.
COUNT II - Respondeat Superior
James M. Lesher, Jr v Pennsy Supply
13
if the same were set forth fully below.
14. Defendant Lesher was an employee of Defendant Pennsy Supply, Inc. at the time of
the accident.
15. At the time of the accident, Defendant Lesher was in the course and scope of his
employment for Defendant Pennsy Supply, Inc.
16. Defendant Lesher's negligence was the direct and proximate cause of the accident.
Plaintiff incorporates and makes part of this Complaint, Paragraphs 1-12 above, as
17. Defendant Pennsy Supply, Inc., is liable for Defendant Lesher's negligence as referred
to herein.
WHEREFORE, Plaintiff demands judgment against Defendant Pennsy Supply, Inc., in the
amount of $2,821.72, plus costs, interest, and any other relief that the court deems appropriate.
MARTSON LAW OFFICES
By CIL
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: Attorneys for Plaintiff
EXHIBIT "A"
Page 1 of 8
DONEGAL COMPANIES
1195 RIVER ROAD P.O. BOX 302
MARIETTA, PA 17547-0302
(717) 426-1931 FAX: (717) 426-7023
CD LOG NO 816 -1 DATE 10-30-06
SUPPLEMENT
CLAIM INFORMATION
CLAIM # PAE05287187710030601I01 POLICY # PAE 0528718
COMPANY DONEGAL MUTUAL INSURANCE GROUP CLAIM REP SPICKLER
AMANDA
FAX WORK PH# ,
(800) 877-0600
INSURED SMINKEY, TURMAN LOSS DATE 10-03-06
CLAIMANT LOSS TYPE COLLISION
LOSS PAYEE NONE ACCT # 5457
INSPECTION
TYPE FIELD
PRIMARY POI FRONT END RIGHT
APPRAISER NAME JACK CHIARA
LICENSE # 416512
WORK PHONE (717) 737-5757
ADDRESS P.O. BOX 567
CITY STATE NEW CUMBERLAND
ZIP 17070-
OWNER
SMINKEY, TURMAN
14 ROBIN COURT
MECHANICSBURG PA 17055-
REPAIR
FREYSINGER COLLISION CENTER
100 E. 15TH STREET
NEW CUMBERLAND PA 17070-
SHOP PHONE (717) 774-7346
VEHICLE
1998 BUICK CENTURY CUSTOM 4 DR SEDAN
6CYL GASOLINE 3.1
OPTIONS
TWO-STAGE - EXTERIOR SURFACES
ANTI-LOCK BRAKE SYSTEM
BODY COLOR RED
CONDITION GOOD
LICENSE # WR12191
LICENSE STATE PA
REMARKS:
SECOND POI RIGHT FRONT FENDER
FAX (717) 737-7501
INSP DATE 10-05-06
PA LOCATION FREYSINGERS
CITY STATE NEW CUMBERLAND
WORK#
HOME#(717) 761-1418
CAR IN
CAR OUT
REPAIR 4 DAYS
REG. ID 231491072
FAX (717) 774-7992
TWO-STAGE - INTERIOR SURFACES
MILEAGE 54,750
VIN 2G4WS52M9W1587762
CODE 5243
VEH INSP #
-1-
PA
https://www.audatexsolutions.com/SearchView/Attachments/05329C8D56394F89BEAE... 10/30/2006
Page 2 of 8
1998 BUICK CENTURY CUSTOM 4 DR SEDAN
CLAIM # PAE05287187710030601I01
OP CODES:
* = USER-ENTERED VALUE
EC = REPLACE ECONOMY
UM = REMAN/REBUILT PRT
OE = PXN OE SRPLS
TE = PARTL REPL PRICE
I = REPAIR
TT = TWO-TONE
N = ADDITIONAL LABOR
AA = APPEAR ALLOWANCE
DATE 10-30-06
LOG 816 -1
E = REPLACE OEM NG = REPLACE NAGS
UE = OE SURPLUS UC = RECONDITIONED PRT
EU = LIKE KIND & QUAL.PRT EP = REPLACE PXN
PC = PXN RECONDITIONED PM = PXN REMAN/REBUILT
ET = PARTL REPL LABOR IT = PARTIAL REPAIR
L = REFINISH BR = BLEND REFINISH
CG = CHIPGUARD SB = SUBLET
RI = R&I ASSEMBLY P = CHECK
RP = RELATED PRIOR UP = UNRELATED PRIOR
OP GDE MC DESCRIPTION MFR.PART NO. PRICE AJW B%
-- --- -- ----------- ------------ ----- --- --
N 0017 FRONT BUMPER COVER R& ADDITIONAL LABOR
I 0017 COVER,FRONT BUMPER REPAIR
L 0017 COVER FRONT BUMPER
REFINISH
2.6 SURFACE
0.6 TWO-STAGE SETUP
0.5 TWO-STAGE
E 0019 46 MLDG,FRT BUMPER COV LT 10269360 GM PART
E 0020 46 MLDG,FRT BUMPER COV RT 10269360 GM PART
E 1002 RET,FRT BUMPER COVER MULTI-PARTGM PART
E 0042 46 HEADLAMP ASSY,HALOG RT 10319776 GM PART
N 0973 HEADLAMPS AIM ADDITIONAL LABOR
E 0083 PANEL,HOOD 19120223 GM PART
L 0083 PANEL,HOOD REFINISH
3.1 SURFACE
1.8 EDGE
1.0 TWO-STAGE
E 0088 LATCH,HOOD PANEL 10423017 GM PART
E 0085 HINGE,HOOD PANEL RT 10297155 GM PART
L 0085 HINGE,HOOD PANEL RT REFINISH
0.3 SURFACE
0.1 TWO-STAGE
E 0368 PAD,INSULATOR HOOD 10413438 GM PART
I 0073 07 PANEL ASSEMBLY,RAD SU REPAIR
L 0073 10 PANEL ASSEMBLY,RAD SU REFINISH
0.6* SURFACE
0.2 TWO-STAGE
I 0139 07 REINF,INNER FENDER RT REPAIR
L 0139 REINF,INNER FENDER RT REFINISH
0.5 SURFACE
0.1 TWO-STAGE
I 0104 FENDER,FRONT RT REPAIR
L 0104 FENDER,FRONT RT REFINISH
1.7 SURFACE
0.3 TWO-STAGE
HOURS R
1.6 1
2.0*1
3.7 4
21.46* Sl 0.3 1
21.46* S1 0.3 1
6.10 1
213.50* S1 0.3 1
0.4 1
440.94* S1 0.8 1
5.9 4
48.43*
10.61*
71.78*
RI 0108 MLDG,FENDER SIDE R/R R&I ASSEMBLY
NG 0143 WINDSHIELD,SHADED NAGS DW1297-GB 189.45
-2-
S1 0.3 1
S1 0.5 1
S1 0.4 4
S1 0.5 1
2.0*1
0.8*4
2.0*1
0.6 4
2.0*1
2.0 4
0.3 1
2.7 1
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Page 3 of 8
1998 BUICK CENTURY CUSTOM 4 DR SEDAN
CLAIM # PAE05287187710030601I01
E 0150 MLDG,W/S REVEAL UPPER 10402060 GM PART
EC CAR COVER REPLACE ECONOMY
EC FLEX REPLACE ECONOMY
EC PINSTRIPES PAINTED REPLACE ECONOMY
SB HAZARDOUS WASTE SUBLET
E RT HEADLAMP RETAINER REPLACE OEM
EC REISSUE PSI & EMISSION REPLACE ECONOMY
29 ITEMS
DATE 10-30-06
LOG 816 -1
19. 28* S1 0.3 1
5. 00* 1*
8. 00* 1*
75. 00* S1 1*
3. 00* 1*
1. 76* S1 1*
11. 00* S1 1*
MC MESSAGE
07 STRUCTURAL PART AS IDENTIFIED BY I-CAR
10 INCLUDES AUDATEX TIME TO CLEAR ENTIRE PANEL.
46 PRINTABLE PXN COMPARE
FINAL CALCULATIONS & ENTRIES
PARTS
GROSS PARTS $ 855.32
OE SURPLUS PARTS
OTHER PARTS $ 288.45
PAINT MATERIAL $ 268.00
ADJUSTMENTS DISCOUNT MARKUP
PARTS & MATERIAL TOTAL $ 1,411.77
TAX ON PARTS & MATERIAL @ 6.00016 $ 84.71
LABOR RATE REPLACE HRS REPAIR HRS
1-SHEET METAL $ 42.00 6.3 10.0 $ 684.60
2-MECH/ELEC $ 45.00
3-FRAME $ 48.00
4-REFINISH $ 42.00 13.4 $ 562.80
5-PAINT $ 20.00
LABOR TOTAL $ 1,247.40
TAX ON LABOR @ 6.000% $ 74.84
SUBLET REPAIRS $ 3.00
TOWING
STORAGE
GROSS TOTAL $ 2,821 72
LESS: DEDUCTIBLE $ 200.00-
NET TOTAL $ 2,621.72
https://www.audatexsolutions.com/SearchView/Attachments/05329C8D56394F89BEAE... 10/30/2006
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
roman M. Sminkey
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RECEIVED
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MARTSON
10
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
TRUMAN M. SMINKEY,
Plaintiff
V.
PENNSY SUPPLY, INC. and
JAMES M. LESHER, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 07 - 1004
: CIVIL ACTION -LAW
PRAECIPE
To the Prothonotary:
Please mark the above-captioned matter settled and discontinued.
MARTSON LAW OFFICES
By S -
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date:
'?jw/ e ?
i
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Stephen L. Grose, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
635 North 12'' Street, Suite 400
Lemoyne, PA 17043
MARTSON LAW OFFICES
By
M. Price
T East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: /-/// 8-Ir
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-01004 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SMINKEY TRUMAN M
VS
PENNSY SUPPLY INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
PENNSY SUPPLY INC
but was unable to locate Them
deputized the sheriff of DAUPHIN
, to wit:
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On March 9th , 2007 , this office was in receipt of t
attached return from DAUPHIN
Sheriff's Costs: So answer
Docketing 18.00
Out of County 9.00 Surcharge 10.00 R. Thomas Kline
Dep Dauphin County 69.25 Sheriff of Cumberland County
Postage 1.74
107.99 ? 3l-2&lb-1
03/09/2007
MARTSON LAW OFFICES
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-01004 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SMINKEY TRUMAN M
VS
PENNSY SUPPLY INC ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
LESHER JAMES M JR
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March 9th , 2007 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answe -'
Docketing 6.00
Out of County .00
Surcharge 10.00 Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 3'al,)o? 0-
03/09/2007
MARTSON LAW OFFICES
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Penllisylvahia,
Tnnan M. Sminkey.
vs.
Pennsy Supply Inc
SERVE: Pennsy Supply Inc No. 07-1004 civil
Now, Februay =23 , 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. ?y
Sheriff of Cumberland County, PA
Affidavit of Service
Now, 520 , at o'clock MI. served the
within
upon
at
by handing to
a copy of the original
and made known to the contents thereof.
So answers,
Sworn and subscribed before
me this day of , 20
Sheriff of . County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
Office of f4C *4rrt-ff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania TRUMAN M SMINKEY
vs
County of Dauphin JAMES M LESHER JR
Sheriff's Return
No. 0281-T - - -2007
OTHER COUNTY NO. 07 1004
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
AND NOW:February 28, 2007 at 1:26PM served the within
NOTICE & COMPLAINT
PENNSY SUPPLY INC
upon
by personally handing
to JOHN STEWART 1 true attested copy(ies)
of the original NOTICE & COMPLAINT and making known
to him/her the contents thereof at 1001 PAXTON STREET
HARRISBURG, PA 17104-0000
Sworn and subscribed to
before me this 1ST day of MARCH, 2007
"'ji "X?
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2010
So Answers,
? k; 7, 4?
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's Costs:$69.25 PAID BY COUNTY
WONG
In The Court of Common Fleas of Cumberland County, Pennsylvania
Truman M. Sminkey
VS.
Pennsy Supply Inc
SERVE: Janes M. Lesher Jr. No. 07-1004 civil
Now, February -23, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of-Service
Now, -'20 , at
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
Sheriff of
copy of the original
Sworn and subscribed before
me this day of , 20,
o'clock M. served the
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania TRUMAN M SMINKEY
vs
County of Dauphin JAMES M LESHER JR
Sheriff's Return
No. 0281-T - - -2007
OTHER COUNTY NO. 07 1004
AND NOW:February 28, 2007 at 1:38PM served the within
NOTICE & COMPLAINT
JAMES M LESHER JR
to MIKE HOLLEY
of the original
upon
by personally handing
1 true attested copy(ies)
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
NOTICE & COMPLAINT
to him/her the contents thereof at 230 NORTH CROSSROADS
LYKENS, PA 17048-0000
Sworn and subscribed to
before me this 1ST day of MARCH, 2007
"Ift- -411
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2010
(pitTre Of #4P oSC?ertff
and making known
So Answers,
? kwzl*?
Sheriff of Dauphin County, Pa.
By 4,7
Deputy Sheriff
Sheriff's Costs:$69.25 PAID BY COUNTY
WONG