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Home My WebLink About97-05877 .11I .... ,. C "'-t ~ ~ " ~ ~ ~. { '.. a ~ ~ .... +: ~ .... t--. t' ~ / , t-.. ~ ~ ;) /i , / / , I ! ~ ,I' .' rI~-T~~ C~~RT ~F ~OMMON PL-EAS --~F H_j CUMBERLAND COUNTY, PENNSYLVANIA I (}\ " . . '~:' / ,.. NATIONWIDE AS A SUBROGEE OF DENNIS E. GAYMAN AND CHERYL B. GAYMAN, Plaintiff's ,",'" .' -:", CLi I p :\1 \,~'.,~: " ~ " t I vs. fX ~ 4 tJ $11 .5- 1; J 1lJ BURKHARTS, INC. AND JAMES LEROY HOLTON, Defendsnts (!-/<. 4453 Q) ~~ 33 If. Sa~ 3 3 HOWARD M. LIGHTMAN. ESQUIRE LAwnJ'''f'1UI FoRRY, ULLMAN. ULLMAN" FoRRY. P.C. UMKIUllIIIWM ('tINPOIlATIC ('l!:HTICN 100 KAl'lIlCL Hut.....v"..u. Hl'lTIC 1I00W HEAm~CI. PA 10607 (nlO) TT7.1)700 to',\X UHO) 777.SI400 , .- :_:;'O:~-::-O."'_ _'__~.__ 1 \ '-, r.........: -.,'- .. .. NATIONWIDE AS A SUBROGEE OF DENNIS E. GAYMAN AND CHERYL B. GAYMAN, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW vs. . . :NO. f7- j1J' '/7 . Ou~ BURKHARTS, INC. AND JAMES LEROY HOLTON, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or ether rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER (\P. CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER'S REFERRAL SERVICE COURT ADMINISTRATOR 4TH Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717)240-6200 COUNT I - NEGLIGENCE DENNIS E. GAYMAN and CHERYL B. GAYMAN v. JAMES LEROY HOLTON 4. 'J:he averments of paragraphs 1 through 3 are incorporated by this reference as if set forth more fully herein. 5. On or about March 20, 1997, on state Road 81 South, Cumberland County, Pennsylv'mia, Defendant HOLTON operated a 1984 Kenworth Truck in a negligent and careless manner, as set forth more specifically herein, and caused the said 1984 Kenworth Truck to lose materials it was hauling, causing damage to the motor vehicle owned by the Plaintiff GAYMAN which was following Defendant's vehicle with all due caution. 6. At the aforesaid time and place, Defendant, HOLTON, operated the 1984 Kenworth Truck in such a negligent and careless manner so as to cause extensive damage to the motor vehicle operated by Plaintiff as more fully described hereafter. 7. The carelessness, recklessness and negligence of the Defendant, HOLTON, consisted of the following: a. failing to maintain proper and adequate control over said motor vehicle; b. failing to use due care for the rights, safety and position of others; c. failing to use reasonable care under the circumstances; d. failing to keep a proper lookout; e. operating said motor vehicle at an excessive rate speed under the existing circumstances; f. failing to obey and observe properly the statutes of the Commonwealth of Pennsylvania regulating the proper use of motor vehicles on the public streets and highways; g. failing to observe the vehicle of the Plaintiff, GAYMAN, upon the highway; h. operating the vehicle in a manner disregarding the rights and safety of others so as to endanger any person then and there lawfully travelling upon the roadway; i. failing to have the vehicle under proper control so that it could be readily stopped, turned aside or the speed thereof slackened upon the appearance of danger. S. As a result of the aforementioned loss of hauled materials, which was directly and proximately caused by the negligence and carelessness of Defendant, HOLTON, Plaintiff's automobile sustained extensive damage in the amount of $1,291.14. 9. Despite demand, Defendant, HOLTON, has paid no part of any of the aforesaid damages suffered by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, JAMES LEROY HOLTON, in the amount of $1,291.14, together with interest and all costs of this action as may be allowed by law and such other and further relief as may be just and appropriate. COUNT II - NEGLIGENT ENTRUSTMENT DENNIS E. ~YMAN and CHERYL B. GAYMAN v. BURKHARTS. INC. 10. The averments of paragraphs 1 through 9 are incorporated by this reference as if set forth more fully herein. 11. The negligence and carelessness of the Defendant, BURKHARTS, INC. consisted of the following: a. entrusting and said vehicle to an individual with known propensities for careless and reckless driving; b. entrusting said vehicle to an otherwise imprudent and irresponsible driver; 12. As a result of the aforementioned collision, which was directly and proximately caused by the negligence and carelessness of Defendants, Plaintiff's automobile sustained extensive damage in the amount of $1,291.14. 13. Despite demand, Defendants have paid no part of any of the aforesaid damages suffered by Plaintiff. WHEREFORE, Plaintiff demands ju~gment against Defendant, BURKHARTS, INC. in the amount of $1,291.14, together with interest and all costs of this action as may be allowed by law and such other and further relief as may be just and appropriate. Respectfully submitted, FORRY, "x' FORRY, P.C. BY: HOWARD '. LI , ESQUIRE Attorney\ .0. o. 35482 Green Hiils Corporate Center 100 Kachel Boulevard, Suite 200W Reading, Pennsylvania 19607 610/777-5700 Attorneys for Plaintiff VERIFICATION I, HOWARD M. LIGHTMAN, ESQUIRE, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~-"-'n D M. L GHTMAN, ESQUIRE NAT IONWIDE AS A SUBROGGE OF' DE:NN I S F. GAYMAN AND CHERYL B. GAYMAN, Plaintiffs vs. BURKHARTS, INC. AND ,JAMES LEROY HOLTON, Defendant TO THE PROTHONOTARY: :IN THE COURT OF CO~10N PLEAS :CUMBERIAND COUNTY, PENNSYLVANIA :crvrr. ACTION - LAW :NO. 97-5877 PRAECIPE KINDLY mark the docket in the above-captioned action "settled, discontinued and ended". (1 ULLMAN & FORRY, P.C. BY: ~ A- . < ,=- " ~ -:.- t -. .. ... . I.: , -,' r-. ) f'l- '.. :::'i \ .-- ,.- . ... --=--,~\.~..:-::::.;.~ ~:_t.r- ..,.......-