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Home My WebLink About01-05493IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BARRY L. POTTEIGER and JUDY R. POTTEIGER, husband and wife ~-y-- 1780BrentwoodCourt NO.: OL'-' .~~43 ~~VL~ / Middletown, PA 17057 Plaintiffs vs. JEAN PIERRE RIOUX 269 Jamaica Street Dania Beach, FL 33004 and CAMIONNAGE TRANSPORT 245 Route ]d3 St. Pie deGuire QC 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 (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 defense or objections to the claims set forth against you. You are warned that if you fait 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TH[S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFORD 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 (717)249-3166 (800)990-9108 fi~attt NIKOLAUS Bc HOHENADEL, LLP Date: vV ~ d By: Anthony Marc Hop in squire LD. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717)299-3726 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BARRY L. POTTEIGER and JUDY R. POTTEIGER, husband and wife n 1780 Brentwood Court NO.: ~ I -.~~1~ la ~ c~,~£/L~rl Middletown, PA 17057 Plaintiffs V S. JEAN PIERRE RIOUX 269 Jamaica Street Dania Beach, FL 33004 and CAMIONNAGE TRANSPORT 245 Route 143 St. Pie deGuire QC, Canada Defendants COMPLAINT 1. The Plaintiffs are Barry L. and Judy R. Potteiger, husband and wife, who reside at 1780 Brentwood Court, Middletown, Dauphin County, Pennsylvania 17057. 2. One Defendant is Jean Pierre Roux, an adult individual who resides at 269 Jamaica Street, Dania Beach, Florida 33004. 3. The second Defendant is Camionnage Transport, believed to be and averred to be a Canadian business corporation with a principal place of business at 245 Route 143, St. Pie deGuire QC, Canada. 4. The Defendant Rioux is an employee of the Defendant Camionnage Transport. 5. On or about July 14, 2000, the Plaintiff, Barry L. Potteiger was operating a motor vehicle in a northbound direction on Route 11/15 in Camp Hill, Pennsylvania. 6. At the same time, the Defendant Rioux was also operating a motor vehicle, specifically atractor-trailer, in a northbound direction on Route 11/15. 7. The Defendant, Rioux, attempted to turn left onto Market Street in Camp Hill, Pennsylvania, but he did so negligently and caused a collision between the vehicle he was operating and the vehicle operated by the Plaintiff, Barry L. Potteiger. 8. At the time of the collision and at al] times relevant to these proceedings, the Defendant Rioux was employed by the Defendant Camionnage and was operating the vehicle as the employee of the Defendant. 9. As a result of the collision, the Plaintiffs have sustained property damage to their vehicle in the amount of $2,378.86. 10. The injuries sustained by the Plaintiffs were caused by the negligence, recklessness and carelessness of Rioux as follows: in failing to have the vehicle he was operating under proper and adequate control; and operating a vehicle in a recklessness manner so as to create a dangerous situation for others such as Plaintiffs; in not making the proper turn on the roadway; in causing a collision between the vehicle he was operating and the vehicle the Plaintiff, Barry L. Potteiger was operating; and in failing to be alert and attentive while driving the motor vehicle he was operating. 11. The breaches of duty set forth above by Rioux were the direct and proximate cause of the Plaintiffs' damages. 12. The breaches of duty of the Defendant Rioux and liability for Plaintiffs' damages as a consequence, therefore, are attributable to the Defendant Camionnage under the Doctrine of Respondeat Superior. 2 =~ WHEREFORE, Plaintiffs demand Judgment for $2,378.86 jointly and severally against the Defendant Rioux and the Defendant Camionnage, plus costs of suit and other costs allowed by law. NIKOLAUS & HOHENADEL, LLP Date: ~~ ~~ By: Anthony Marc Hopis, quire I.D. #47394 Attorney for Plaintiffs 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 3 VERIFICATION I, the undersigned, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I acknowledge that had I knowingly made false statements in this document, I would be subject to the penalties of a misdemeanor of the third class pursuant to 18 Pa. C.S.A. §4904 regarding unsworn falsification to authorities. Date: 9 9 ~ / ~lu-~-, ~t Barry T . Potteiger 4 ~~ _~ - ~ ~~,~ ~- "69 r. c I -r O > r b° C ~ ~, ~ ~ ~ ~ ~_ __ ;~ ,- N t t ~~ ~, -- _' _ ' ~ ~= '~ :,•~ n ~D .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BARRY L. POTTEIGER and JUDY R. POTTEIGER, husband and wife 1780 Brentwood Court Middletown, PA 17057 Plaintiffs vs. JEAN PIERRE RIOUX 269 Jamaica Street Dania Beach, FL 33004 and CAMIONNAGE TRANSPORT 245 Route 143 St. Pie deGuire QC, Canada Defendants NO.: ®~ ' ~~ !~ Cwt-uC% PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Nikolaus & Hohenadel, LLP by Anthony Marc Hopkins, Esquire, on behalf of the Plaintiffs in the above-captioned case. NIKOLAUS & HOHENADEL, LLP r By: Anthony Marc Ho tins, Esquire Attorney for Plaintiffs LD.#47394 212 North Queen Street Lancaster, PA 17603 (717 299-3726 Date: CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Entry of Appearance upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail JEAN PIERRE RIOUX 269 Jamaica Street Dania Beach, FL 33004 CAMIONNAGE TRANSPORT 245 Route 143 St. Pie deGuire QC, Canada NIKOLAUS & HOHENADEL, LLP Date: By: Anthony Marc Hopki s, Esquire LD. #47394 Attorney for Plaintiffs 212 North Queen Street Lancaster, PA 17603 (717)299-3726 5nob`~ ",Y~'~~x ~, ~ ,rn ': +~*. .• v.~ ,tec~:x "MIHMNfI#` ~ _ a ~ r~ ~ ~ ± ._i ; i ~-i = C~„': " " 0 _-73 <: rte? i:r? " - ~ ^ . } _ _ ~!~ •n l- W~ j 7 Ei ` ~. ~~:_~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BARRY L. POTTEIGER and JUDY R. POTTEIGER, husband and wife 1780 Brentwood Court NO.: 01-5493 Middletown, PA 17057 Plaintiffs vs. JEAN PIERRE RIOUX 269 Jamaica Street Dania Beach, FL 33004 and CAMIONNAGETRANSPORT 245 Route 143 St. Pie deGuire OC Defendants PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mazk the above matter settled, ended and discontinued wi prejudi e. A rney for Plaintiff Anthony Marc Hopkins, Esquire Attorney I.D. No. 47394 DISCONTINUANCE CERTIFICATE AND NOW, O suit has been marked as above directed. PROTHONOTARY t i .. ~ CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Praecipe to Discontinue upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail JEAN PIERRE RIOUX 269 Jamaica Street Dania Beach, FL 33004 CAMIONNAGE TRANSPORT 245 Route 143 St. Pie deGuire QC Date: ~ Z ~ D NIKOLAUS & HOHENADEL, LLP By: Anthony Marc Hopkins, squire Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717)299-3726 l c~ ~ ;' ~_ . ~~ .p iY, ;TY Fs'tcn c.J -, -'„ qw? - Z C. U"~ fL' _-i7 ' 4 .: f ~ - ~ -~. ~..4, =,~ aid s .~a ,-..>. .. __.. ~..- y~U ~,_ ~ ..,._