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MICHAEL A. FAHNESTOCK and
PATRICIA J. FAHNESTOCK,
Husband and Wife,
Plaintiffs
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
CIVIL ACTION - LAW
01 - ".r;l.D C,"u~ [ y~
GEORGE D. BOYER & SONS, INC.,
and JASON E. GOODLING,
Defendants
JURY TRIAL DEMANDED
NOT ICE
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 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, PENNSYLVANIA 17013
(717) 249-3166
BY
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Andrew C. Sheel , Esqu'r
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiffs
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MICHAEL A. FAHNESTOCK and
PATRICIA J. FAHNESTOCK,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
01 - (PS-~O C;o~l ~~
JURY TRIAL DEMANDED
GEORGE D. BOYER & SONS, INC.,
and JASON E. GOODLING,
Defendants
COMPLAINT
Michael A. Fahnestock and patricia J. Fahnestock, Plaintiffs, by
and through their Attorney, Andrew C. Sheely, Esquire, hereby file this
Complaint and respectfully aver as follows:
1. Plaintiffs, Michael A. Fahnestock and patricia J. Fahnestock,
husband and wife, are adult individuals residing at 911 Charles Street,
Mechanicsburg, Borough of Mechanicsburg, Cumberland County,
Pennsylvania.
2. Defendant George D. Boyer & Sons, Inc. is a Pennsylvania busi-
ness corporation with its principal place of business at 639 Antoine
Street, Harrisburg, Dauphin County, pennsylvania.
3. Defendant Jason E. Goodling is an adult individual with a last
known address of 2420 S. Market Street, Mechanicsburg, Pennsylvania.
4. On Thursday March 23, 2000, at approximately 9:30 a.m., Defen-
dant Jason E. Goodling was operating a 1989 Ford 150 pick-up Truck owned
by Defendant George D. Boyer & Sons, Inc., in an easterly direction on
the 2100 block of the Camp Hill Bypass.
5. At that time and place, Plaintiff, Michael A. Fahnestock, was
stopped in traffic at the 2100 block of the Camp Hill bypass awaiting
change of the traffic control device at the intersection of the Camp
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Hill bypass and 21st Street.
6. At all times material to this action, Defendant George D. Boyer
& sons, Inc. did own, possess, maintain and control or had the duty to
maintain and control a 1989 Ford Pick-up truck, VIN 41891295901.
7. At all times material to this action, Plaintiff, Michael A.
Fahnestock was operating 1997 Chevrolet Cavalier in a lawful manner
awaiting change of the traffic control device at the intersection of the
Camp Hill bypass and 21st Street.
COUNT I. NEGLIGENCE
Michael A. Fahnestock v. George D. Boyer & Sons, Inc.
8. paragraphs 1 - 7 are incorporated herein as if set forth at
length.
9. At all times material to this action and this count, Defendant
George D. Boyer & Son, Inc. was the employer of Defendant Jason E.
Goodling who was acting in his capacity as an employee of and in the
course of his employment with Defendant George D. Boyer & Sons, Inc.
10. At that time and place, Defendant Jason E. Goodling, in the
course of his employment with and agent of Defendant George D. Boyer &
Sons, Inc., struck the rear of Plaintiff's motor vehicle which was
stationary awaiting movement of traffic at a controlled intersection.
11. As a result of the impact caused by Defendant George D. Boyer &
Sons, Inc. motor vehicle as driven by Defendant Goodling, Plaintiff's
motor vehicle was forced forward striking another motor vehicle operated
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by Iona K. Garber, of Camp Hill, pennsylvania.
12. The foregoing collision and all of the injuries and damages set
forth hereinafter sustained by plaintiffs are the direct and proximate
result of the negligent, careless, wanton and reckless manner in which
Defendant Jason E. Goodling, agent and employee of Defendant George D.
Boyer & Sons, Inc., operated the motor vehicle as follows:
a. Failure to have the 1989 Ford pick-up truck, VIN
41891295901 under such control as to be able to stop within the
assured clear distance;
b. Failure to keep alert and maintain a proper watch for the
presence of other motor vehicles on the highway;
c. Failure to apply the brakes of the 1989 Ford Pick-up truck,
VIN 41891295901 in sufficient time to avoid striking the rear of
Plaintiff's vehicle;
d. Failure to travel at a safe speed;
e. Failure to yield the right-of-way to Plaintiff's vehicle;
f. Failure to keep a proper watch for traffic on the highway;
g. Failure to drive the 1989 Ford Pick-up truck, VIN
41891295901 with due regard for the highway and traffic conditions
which were existing and of which he was or should have been aware;
h. Failure to keep proper and adequate control over the 1989
Ford Pick-up truck, VIN 41891295901;
i. Driving the 1989 Ford Pick-up truck, VIN 41891295901 upon
the highway in a manner endangering persons property and in a
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reckless manner with careless disregard to the rights and safety of
others and in violation of the Motor Vehicle Code of the Common-
wealth of Pennsylvania.
13. As a result of the impact caused by the 1989 Ford Pick-up
truck, VIN 41891295901 as driven by Defendant Goodling, Plaintiff Mi-
chael A. Fahnestock sustained injuries to his head, shoulders and body
which were forced backwards at great speed upon impact and then forced
forward at great speed when Plaintiff's vehicle struck the Garber
vehicle.
14. The proximate, direct and immediate cause of Plaintiff Michael
A. Fahnestock's injury was the negligence, careless, recklessness and
indifference of Defendant George D. Boyer & Sons, Inc., its employees,
agents and servants.
15. plaintiff, Michael A. Fahnestock, suffered severe and painful
injuries which include, but are not limited to:
(a) Mild to moderate concussion; and
(b) Temporary amnesia; and
(c) Neck strain and pain; and
(d) Shoulder/chest strain and pain; and
(e) Acute pain to head on periodic basis; and
(f) Reduced range of motion in neck and upper body; and
(g) Shock to nerves and nervous system; and
(h) Temporary Memory loss; and
(i) Increased irritability, sensitivity and emotional outbursts;
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(j) Pain to upper back and tailbone; and
(k) Various bruises and strains.
16. Because of the nature of his injuries, Plaintiff Michael A.
Fahnestock was hospitalized, subjected to various medical treatments and
procedures including x-rays, ultrasound, rehabilitation, bandaging,
therapy and various types of medication including various over the
counter medications for headache and neck strain.
17. Because of the nature of his injuries, plaintiff, Michael A.
Fahnestock, has undergone in the past great pain and suffering, tempo-
rary memory loss, erratic behavior, swelling, aching, severe headaches
and loss of motion.
18. Because of the nature of his injuries, plaintiff Michael A.
Fahnestock has undergone and in the future will undergo great physical
and mental suffering, great inconvenience in carrying out his daily
activities, loss of life's pleasures and enjoyment, and claim is made
therefore.
WHEREFORE, plaintiff, Michael A. Fahnestock demands judgment
against the Defendant, George D. Boyer & Sons, Inc. in an amount in
excess of twenty-five thousand dollars ($25,000.00), exclusive of inter-
ests and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
COUNT II. NEGLIGENCE
MICHAEL A. FAHNESTOCK v. JASON E. GOODLING
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19. Paragraphs 1 - 18 are incorporated herein as if set forth
at length.
20. At all times material to this count, Defendant Jason E.
Goodling was acting in his individual capacity.
21. At that time and place, Defendant Jason E. Goodling, in the
course of his employment with and agent of Defendant George D. Boyer
& Sons, Inc., struck the rear of Plaintiff's motor vehicle which was
stationary awaiting movement of traffic at a controlled intersec-
tion.
22. As a result of the impact caused by Defendant George D.
Boyer & Sons, Inc. motor vehicle as driven by Defendant Goodling,
Plaintiff's motor vehicle was forced forward striking another motor
vehicle operated by Iona K. Garber. of Camp Hill, pennsylvania.
23. The foregoing collision and all of the injuries and damages
set forth hereinafter sustained by Plaintiffs are the direct and
proximate result of the negligent, careless, wanton and reckless
manner in which Defendant Jason E. Goodling, agent and employee of
Defendant George D. Boyer & Sons, Inc., operated the motor vehicle
as follows:
a. Failure to have the 1989 Ford pick-up truck, VIN
41891295901 under such control as to be able to stop within the
assured clear distance;
b. Failure to keep alert and maintain a proper watch for
the presence of other motor vehicles on the highway;
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c. Failure to apply the brakes of the 1989 Ford Pick-up
truck, VIN 41891295901 in sufficient time to avoid striking the
rear of Plaintiff's vehicle;
d. Failure to travel at a safe speed;
e. Failure to yield the right-of-way to Plaintiff's
vehicle;
f. Failure to keep a proper watch for traffic on the
highway;
g. Failure to drive the 1989 Ford Pick-up truck, VIN
41891295901 with due regard for the highway and traffic condi-
tions which were existing and of which he was or should have
been aware;
h. Failure to keep proper and adequate control over the
1989 Ford Pick-up truck, VIN 41891295901;
i. Driving the 1989 Ford Pick-up truck, VIN 41891295901
upon the highway in a manner endangering persons property and
in a reckless manner with careless disregard to the rights and
safety of others and in violation of the Motor Vehicle Code of
the Commonwealth of pennsylvania.
24. As a result of the impact caused by the 1989 Ford Pick-up
truck, VIN 41891295901 as driven by Defendant Goodling, Plaintiff
Michael A. Fahnestock sustained injuries to his head, shoulders and
body which were forced backwards at great speed upon impact and then
forced forward at great speed when Plaintiff's vehicle struck the
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Garber vehicle.
25. Plaintiff, Michael A. Fahnestock, suffered severe and
painful injuries which include, but are not limited to:
(a) Mild to moderate concussion; and
(b) Temporary amnesia; and
(c) Neck strain and pain; and
(d) Shoulder/chest strain and pain; and
(e) Acute pain to head on periodic basis; and
(f) Reduced range of motion in neck and upper body; and
(g) Shock to nerves and nervous system; and
(h) Temporary Memory loss; and
(i) Increased irritability, sensitivity and emotional out-
bursts; and
(j) Pain to upper back and tailbone; and
(k) Various bruises and strains.
WHEREFORE, Plaintiff, Michael A. Fahnestock demands judgment
against the Defendant, Jason E. Goodling. plaintiff, Michael A.
Fahnestock demands judgment against the Defendant, George D. Boyer &
sons, Inc. in an amount in excess of twenty-five thousand dollars
($25,000.00), exclusive of interests and costs and in excess of any
jurisdictional amount requiring compulsory arbitration.
COUNT III. CONSORTIUM
PATRICIA J. FAHNESTOCK v. GEORGE D. BOYER & SONS, INC.
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26. paragraphs 1 through 25 are incorporated herein by refer-
ence as if set forth in full.
27. At all relevant times hereto, patricia J. Fahnestock was
married to Michael A. Fahnestock.
28. As a result of the injuries sustained by her husband,
patricia J. Fahnestock has suffered mental anguish, physical shock
and suffering and has been deprived of the assistance, companion-
ship, consortium, consideration, aid and society of her husband, all
of which has been and will be to her great loss and detriment.
WHEREFORE, Plaintiff, Patricia J. Fahnestock demands judgment
against the Defendant, George D. Boyer & Sons, Inc. in an amount in
excess of twenty-five thousand dollars ($25,000.00), exclusive of
interests and costs and in excess of any jurisdictional amount
requiring compulsory arbitration.
COUNT IV.
CONSORTIUM
PATRICIA J. FAHNESTOCK v. JASON E. GOODLING
29. Paragraphs 1 through 28 are incorporated herein by refer-
ence as if set forth in full.
30. At all relevant times hereto, patricia J. Fahnestock was
married to Michael A. Fahnestock.
31. As a result of the injuries sustained by her husband,
patricia J. Fahnestock has suffered mental anguish, physical shock
and suffering and has been deprived of the assistance, companion-
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ship, consortium, consideration, aid and society of her husband, all
of which has been and will be to her great loss and detriment.
WHEREFORE, Plaintiff, patricia J. Fahnestock demands judgment
against the Defendant, Jason E. Goodling in an amount in excess of
twenty-five thousand dollars ($25,000.00), exclusive of interests
and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
Respectfully submitted,
DATE: October g, 2001
A drew C. Sheely,
Pa. I.D. No. 62469
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
Attorney for Plaintiffs
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VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that unsworn statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
DATE: September 30, 2001
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Mlchael . Fahnestock
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2001-06520 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FAHNESTOCK MICHAEL A ET AL
VS
BOYER GEORGE D & SONS INC ETAL
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:
BOYER GEORGE D & SONS INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 14th, 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin County
18.00
9.00
10.00
30.50
.00
67.50
12/14/2001
ANDREW C SHEELY
R. . Thomas K;ine . ....,.. -
Sheriff of Cumberland County
Sworn ~nd subscribed to before me
this I'll;!:;
day of ~
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Prothonotary
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-06520 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FAHNESTOCK MICHAEL A ET AL
VS
BOYER GEORGE D & SONS INC ETAL
JODY SMITH
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
GOODLING JASON E
the
DEFENDANT
, at 1000:00 HOURS, on the 26th day of November, 2001
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ
CARLISLE, PA 17013
by handing to
JASON E GOODLING
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
6.50
.00
10.00
.00
22 .50
So Answers:
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R. Thomas Kline
12/14/2001
ANDREW C SHEELY
Sworn and Subscribed to before
By:
q(J~~~
Depu y Sheriff
me this Iff!:;::.
day of
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@ffite of tlp~ ~4~:riff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255,2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
FAHNESTOCK MICHAEL A
Connty of Dauphin
vs
GEORGE D BOYER & SONS INC ET AL
Sheriff's Return
,
No. 3305-T - -2001
OTHER COUNTY NO. 01-6520
AND NOW: December 10, 2001 at 10:14AMserved the within
SUMMONS & COMPLAINT upon
GEORGE D BOYER & SONS INC ET AL by personally handing
to JEFF BOYER, OWNER 1 true attested copy (ies)
of the original
SUMMONS & COMPLAINT
and making known
to him/her the contents thereof at 639 ANTOINE STREET
HBG, PA 00000-0000
Sworn and subscribed to
efore me this 11TH day of DECEMBER, 2001
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So Answers,
JR~
Sheriff of Dauphin County, Pa.
:z;:f.f)'" , 1J'd-'
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $30.50 PD 11/23/2001
RCPT NO 156963
WONG
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, In The Court of Common Pleas of Cumberland County, Pennsylvania
Michael A. Fahnsetock et al
VS.
George D. Boyer & Sons, Inc. et al
No.
01
6520 civil
SERVE: same
Now,
November 19, 2001
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
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Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20 , at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made mown to
the contents thereof
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this day of , 20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
, J ~ ,
Andrew c. Sheely, Esquire
127 S. Market Street
P.O. aox 95
Mechanicsburg, FA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
MICHAEL A. FAHNESTOCK and
PATRICIA J. FAHNESTOCK,
Husband and Wife,
Plaintiffs
vs.
GEORGE D. BOYER & SONS, INC.,
and JASON E. GOODLING,
Defendants
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: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01 - 6520
JURY TRIAL DEMANDED
PRAECIPE TO SATISFY.SETTLE AND DISCONTINUE
TO: Curtis Long, Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Kindly mark the docket for the case satisfied, settled and
discontinued.
Date: DECEMBER 24, 2001
BY
Andrew C. Sheel~,
PA. I.D. No. 624 9
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiffs
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