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Home My WebLink About03-0248IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK WHITMORE, CIVIL DIVISION - ARBITRATION Plaintiff, No.: ~ ~- .~) t4~ ~' ~..~c~ YORK WASTE DISPOSAL INC., Defendant. COMPLAINT Filed on behalf of Plaintiff: Jack Whitmore Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412)281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK WHITMORE, Plaintiff, CIVIL DIVISION - ARBITRATION No.: Vo YORK WASTE DISPOSAL INC., Defendant. 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 and notices 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (800) 990-9108 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK WHITMORE, Plaintiff, CIVIL DIVISION - ARBITRATION No.: YORK WASTE DISPOSAL 1NC., Defendant. COMPLAINT AND NOW comes plaintiff, Jack Whitmore, by and through his counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff, Jack Whitmore (hereinafter referred to as"Whitmore"), is an individual residing at 4406 A Ontario Drive, Harrisburg, PA 1711 I. 2. Defendant, York Waste Disposal Inc. (hereinafter referred to as "York"), is a corporation organized under the laws of the Commonwealth of Pennsylvania and doing business at 987 West Trindle Road, P.O. Box 1206, Mechanicsburg, Pennsylvania 17055. 3. At all times relevant hereto, Whitmore was the owner and operator ofa 1988 Honda Accord automobile. 4. At all times relevant hereto, York was the owner of a garbage track being operated by an employee and/or representative and/or agent. 5. On or about September 4,2001, Whitmore was attempting to exit the parking lot at 107 East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania. 6. Suddenly and without warning, the aforementioned York garbage truck backed into Whitmore's automobile. 7. As a result of the aforementioned collision, Whitmore's automobile suffered damages in the amount of $2,884.59. 8. Furthermore, Whitmore was forced to pay $920.12 to use a rental vehicle while his vehicle was unable to be used due to the accident. 9. The careless, negligent and reckless conduct of York's employee and/or representative and/or agent was the direct and proximate cause of the damages suffered by Whitmore and that conduct is more particularly set forth as follows: a. In striking Whitmore's vehicle; b. In not looking or watching where his vehicle was being operated: c. In failing to take the proper precautions before driving a vehicle in reverse; d. In failing to see Whitmore's vehicle; e. In driving in an unsafe manner; f. In failing to take the proper precautions while driving in a parking lot; g. In failing to use his vehicle's braking mechanisms; h. In operating his vehicle in a reckless, careless and negligent manner; i. In failing to control his vehicle; j. In failing to provide Underwood with the standard of care owed to him under the existing circumstances. 10. The careless, negligent and reckless conduct of York is the direct and proximate cause of the damages suffered by Whitmore and that conduct is more particular set forth as follows: ao In failing to properly train its employees and/or representatives and/or agents; bo In failing to supervise its employees and/or representatives and/or agents; In permitting these employees and/or representatives and/or agents to act or omit to act as described above in Paragraph 9; do In failing to provide Whitmore with the standard of care owed to him under the existing circumstances. WHEREFORE, plaintiff, Jack Whitmore, demands judgment in his favor and against defendant, York Waste Disposal Inc., in the amount of $3,804.71, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christopher .l~dDeegan, Esquire Counsel for Plaintiffs VERIFICATION I, Jack Whitmore, verify that the statements made in the Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C S.A. Section 4904 relating to unswom falsification to authorities. Dated; ~_ ..._ ~/ C3 c~ u, ~ -~' 1 C ~ ~ C.~.3 rS . i 7::m - ~ \) ' * y 4i i (vw; / A (^~ ° ,, a` ~7 . ~ ~i v _~ ~ . rte''- ~,J ~ r T7 C3 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK WHITMORE, CIVIL DIVISION - ARBITRATION Plaintiff, No.: 03-248 YORK WASTE DISPOSAL INC., Defendant. PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of Plaintiff: Jack Whitmore Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-45;41 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK WHITMORE, CIVIL DIVISION - ARBITRATION Plaintiff', No.: 03-248 YORK WASTE DISPOSAL INC., Defendant. PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Kindly settle and discontinue the above-captioned matter'. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Dated: c~ -~[ ~ ~ O,-~ Christopher P. lbeegan, Esqui e~/ t/ Counsel for Plaintiff? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITMORE JACK VS YORK WASTE DISPOSAL INC 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: YORK WASTE DISPOSAL INC but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 12th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Mileage 18.00 9.00 10.00 25.76 5.52 68.28 02/12/2003 Sheriff of Cumberland County WEBER GALLAGHER SIMPSON STAPLE Sworn and subscribed to before me this ~ Y~7 ~ day of ~ A.D. ~ ~ Prothonotary YORKTOWNE FdSINE$S FOMRS · (717) F25-0363 · FAX (717) 225-0'~67 /y COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Jack Whibnore 3. DEFENDANT/S/ York Waste Disposal, Inc SERVE INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY _r~_.p;,:.; t2. C,~C)J~RT~N.U~IB ER. , UJ-Z4~ clvi~ '4. TYPE OF WRiT OR COMPLAINT Notice and Cuuplaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORA/iON, ETC. TO SERVE OR DESCRIPIION OF PROPERTY TO BE LEVIED, ATFACHED, OR SOLD· York Waste Disposal, Inc 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT· NO., CITY, BORO, TWP·, STATE AND ZiP CODE) AT 3740 Sandhurst Drive York, PA 17402 7. INDICATE SERVICE: r~ PERSONAL ~ PERSON IN CHARGE .,]X~X~EPUTIZE ~ ~' 1ST CLASS MAIL r~ POSTED r~ OTHER NOW Qanuary 27 20 03 I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of ~ , COUNTY to execute ~~ return th~.ee~e;ccord ng to law. This deputization being made at the request and risk of the plaintiff. ___.~~~;~;,:~:~F:~<,-_" ' 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ca~ber3 and OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY NO¥~: ON~ APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any depu~ sheriff levying upon or attaching any prope~ under within writ may leave same without a watchman, in custody of whomever is found n possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof· 9. TYPE NAI~4Eai.~/~0U~..~;~,f~TT~.RN~YE_/~;~,~_.~A~i~q~U~T 14thFL~. DATE FILED PITTSBURGH, PA 15222 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)· CUMBERLAND CO SHERIFF 10. TELEPHONE NUMBER 412-281-4541 1-16-03 SPACE BELOW FOR USE OF THE SHERIFF ~ DO NOT WRITE BELOW THIS LINE. 13. I acknowledge receipt of the writ or complaint as indicated above· R. A H R EN S 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) 17. r~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) SEE REMARKS BELOW 18.~ AND TITLE OF I~VIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Re ationship to Defendant) ]' 19 Date of Service 'r 20 Time of Service .- - .n. . .. I ', ' :.-- ' · il=MPTSlp~jl~l'~melMilesl Int. IDatel~me Miles Int IDate ~me · ,~,=o ,.t u~t~ Hie MileS In[. Uate lime Mile . . . · :l l/z lz4 J s Int Date Time Miles tnt 75.00 1.8.00 5.76 23.76 2.00 lz5.76 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found 39 ______ 41. AFFIRME-D ~ - ' [ ~~ __~ ~, SO~ANSVVER¢ F E~-~~b~ A'i~~r44. Signature of d ,o, ep. I ~~OU..II~ ~'~.' I '~16. Signature of Yo~,7/ .-L,~..yr.~:"~ ~r~ Ap~~ Coooty She~ff// /]//-//~ ', / <,~,,/-~-;/~, [ .ZLLZA. ~. HOSE ////2~./~/~/ ~. / ~.-~ //. r48. Signature of Foreign · KI~C)WLEDGE RECEIPT OF TRE SHERIFF'S RE~[~ ~GN'ATURE OF ALfTHORIZED ISSUING AUTHORITY AND TITL~ 40. Costs Due or Refund 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office