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Home My WebLink About04-0472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PAMELA V AN METER, CIVIL DIVISION - ARBITRATION Plaintiff, No 04 -Jj7~ Cl"ol.(-J~ v. J & E LOGISTICS, INC. and ROBERT MESS, COMPLAINT Defendants. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA J.D. #85635 WEBER GALLAGHER SIMPSON ST APLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, P A 15222 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P AMELA VAN METER, CIVIL DIVISION - ARBITRATION Plaintiff, No. v. J & E LOGISTICS, INe. and ROBERT MESS, Defendants. NOTICE TO DEFEND YOUHA VB BEEN SUED IN COURT. If you wish to defend againstthe 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 claim orreJiefrequested 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 HA VB A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD ALA WYER, THIS OFFICEMA YBEABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PAMELA V AN METER, CIVIL DIVISION - ARBITRATION Plaintiff, No. 04 - if 7.2; Cio'L /~ v. J & E LOGISTICS, INe. and ROBERT MESS, Defendants. COMPLAINT AND NOW comes plaintiff, Pamela VanMeter, by and through her attorney, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: I. Plaintiff, Pamela Van Meter (hereinafter referred to as "Van Meter"), is an individual residing at 63 West Pomfreit Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, J & ELogistics, Inc. (hereinafterreferred to as "J&E"), is a corporation doing business at 67 Danella Way, Howell, New Jersey 07731. 3. Defendant, Robert Mess (hereinafterreferred to as "Mess"), is an individual residing at 23 Van Ethel Drive, Matawan, New Jersey 07747. 4. At all times relevant hereto, Van Meter was the owner and operator of a 200 1 Dodge Ram ISO automobile. 5. At all times relevant hereto, Mess was an employee and/or representative and/or agent of J & E. 6. At all times relevant hereto, Mess was operating a 2000 Freightliner vehicle owned by J & E and was acting within the scope of his employment and/or representation and/or agency. 7. On or about February 12, 2002, Van Meter had legally parked her aforementioned vehicle in the Petro Travel Center parking lot located on Route I I in Middlesex, Cumberland County, Pennsylvania. 8. Suddenly and without warning, Mess, who had been traveling south on Route I I, lost control of his vehicle, crossed the northbound lanes of Route I I, and entered the parking lot and struck Van Meter's legally-parked vehicle. 9. As a result, Van Meter's vehicle sustained damages in the amount of$I6,786.48. 10. As a result ofthe aforementioned accident, Van Meter was forced to use a rental vehicle for 20 days at a cost of$903.57. COUNT I - NEGLIGENCE Pamela Van Meter v. Robert Mess 1 I. Plaintiff incorporates by reference Paragraphs 1 through 10 as if set forth in full herein. 12. The careless, negligent and reckless conduct of Mess was the direct and proximate cause of the damages suffered by Van Meter and that conduct is more particularly set forth below: a. In failing to watch the road in front of his vehicle; b. In not looking or watching where his vehicle was being operated; c. In operating his vehicle in a manner which caused it to strike Van Meter's legally-parked vehicle; d. In driving his vehicle at an unsafe speed; e. In failing to control his vehicle; f. In crossing the northbound lane of Route 11 and into the parking lot of the Petro Travel Center; g. In crossing a double yellow line; h. In failing to avoid striking VanMeter's vehicle; L In driving a motor vehicle while medically unfit to do so; J. In driving a motor vehicle while he knew or should have known he should not have been operating a motor vehicle due to medical conditions which made it dangerous to drive; k In failing to use his vehicle's braking mechanisms; I. In leaving the roadway; m. In operating his vehicle in a careless, negligent and reckless manner n. In failing to provide Van Meter with the standard of care owed to her under the existing circumstances. WHEREFORE, plaintiffPamela Van Meter, demands judgment in her favor and against defendant, Robert Mess, in the amount of $17,689.57, exclusive of costs and interest. COUNT II - NEGLIGENCE Pamela Van Meter v. J & E LOl!istics ] 3. Plaintiff incorporates by reference Paragraphs 1 through 12 as if set forth in full herein. 14. The careless, negligent and reckless conduct ofJ & E' s employee and/orrepresentative and/or agent, Robert Mess, was the direct and proximate cause ofthe damages suffered by Van Meter and that conduct is more particularly set forth below: a. In failing to watch the road in front of his vehicle; b. In not looking or watching where his vehicle was being operated; c. In operating his vehicle in a manner which caused it to strike Van Meter's legally-parked vehicle; d. In driving his vehicle at an unsafe speed; e. In failing to control his vehicle; f. In crossing the northbound lane of Route I 1 and into the parking lot of the Petro Travel Center; g. In crossing a double yellow line; h. In failing to avoid striking Van Meter's vehicle; 1. In driving a motor vehicle while medically unfit to do so; J. In driving a motor vehicle while he knew or should have known he should not have been operating a motor vehicle due to medical conditions which made it dangerous to drive; k. In failing to use his vehicle's braking mechanisms; 1. In leaving the roadway; m. In operating his vehicle in a careless, negligent and reckless manner n. In failing to provide V an Meter with the standard of care owed to her under the existing circumstances. IS. The careless, negligent and reckless conduct ofJ& E is the direct and proximate cause of the damages suffered by Van Meter and that conduct is more particularly set forth below: a. In failing to properly train its employees and/or representatives and/or agents; b. In failing to properly supervise its employees, and/or representatives and/or agents; c. In permitting those employees and/or representatives and/or agents to act or omit to act as described in Paragraphs 12 and 14; d. In permitting an employee with a medical condition which made it dangerous to drive to operate its motor vehicle; e. In failing to realize that Mess had a medical condition which made it dangerous to drive; f. In failing to provide V an Meter with the standard of care owed to her under the existing circumstances. WHEREFORE, plaintiJfPamela VanMeter, demands judgment in her favor and against defendant, J & E Logistics, in the amount of$I7,689.57, exclusive of costs and interest. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP ~0\) Christopher P. Dlegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Christopher P. Deegan, Esquire, being the attorney for plaintiffin the within action, am duly authorized to make this Verified Statement on her behalf, and make this Verified Statement due to the fact that plaintiff's Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verifY that the statements set forth in the foregoing Complaint are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa C. s. 9 4904, relating to unsworn falsifications to authorities. Gt^Q~ / ChristoPher#. Deegan, Esquire. Dated: }!}/o,\ N (..J t 1. ...... ~ ~ t) --'t 0' r -lg, lrt CI'l lI1 () ~ ~ o c ~f ." , I ~ [..... =;; ~- :~ ..., c:.~ "'"' ",,- .." 1""1 o:.i , ,&.- o -0 =;:! f:1~J ~~~ :::~r, c5 ',,'.: .,. , e,.C;:t.., ,.,,1 ..; ;e, -< -n -'" ,,) '-') o 8 S:\DORFZAR\V anMeter\Appearance. wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA VAN METER, CIVIL DIVISION Plaintiff, No. 04-472 Civil Term v. Issue No. J & E LOGISTICS, INC. and ROBERT PRAECIPE FOR APPEARANCE MESS, Code: Defendant. Filed on behalf of Defendants, J & E Logistics, Inc. and Robert Mess Counsel of record for this party: Richard S. Dorlzaun, Esq. PA. I.D. #00275 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED S:\DORfZARWanMeter\Appe=.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA VAN METER, Plaintiff, v. No. 04-472 Civil Term J & E LOGISTICS, INC. and ROBERT MESS, Defendants. PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Please enter my appearance in the above-captioned action on behalf of the Defendants, J & E Logistics, Inc., and Robert Mess. DICKIE, McC,ll,MEY & CHILCOTE, P.C. By: Two PPG Place, Suite 400 Pittsburgh, PA 15222 Attorneys for Defendants S,\OQRFZAR\VanMeler\Appearance.wpd CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Appearance has been served by First Class Mail this ~~ay of February, 2004, upon counsel for the Plaintiff as follows: Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, llP Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 DICKIE, McCAMEY & CHilCOTE, P.C. By' ~~~ 2 ~'! (...J -l~- ." .- ,.....,:/ c-::.~) C:::> 4.- -;-, ("I'; oj 1',) Wi CJ --'-I ::;:J hi,]] -(':on i';Y ~:,j ~::, : 'j ;-~~ -, ) C)I'fl , .~-J -.\1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA P AMELA VAN METER, CIVIL DIVISION - ARBITRATION Plaintiff, No. 04-472 CIVIL TERM v. J & E LOGISTICS, INC. and ROBERT MESS, PROOF OF SERVICE OF COMPLAINT- J & E LOGISTICS, INe. Defendants. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA LD. #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, PENNSYL VANIA PAMELA V AN METER, CIVIL DIVISION - ARBITRATION Plaintiff, No. 04-472 CIVIL TERM v. J & E LOGISTICS, INC. and ROBERT MESS, Defendants. PROOF OF SERVICE I, Christopher P. Deegan, Esquire, counsel for plaintiffin the above-captioned case, hereby certitY that a copy of the Complaint was served upon J&E Logistics, Inc. by Certified Mail, Return Receipt Requested. A copy ofthe Return Receipt from such Certified Mailing, showing that the Complaint was delivered on February 10, 2004, is attached hereto as Exhibit "A". I also veritY that the statements in this Proof of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to Unsworn Falsification to Authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP ~Q\ Dated: ~))') /0'-\ Christopher . Deegan, Esquire Counsel for laintiff . Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, 01 en the front If space permits. ('-i 1. Article Addressed to: -::rt E J.()'JST1~S /N'C. (, i'bAA/ELLA /VIii HIIlELl, JJ::r tJ7'73/ 2. Article Number (1""""" from _ _) PS Form 3811 , Auguot 2001 3. Service Type " Certified Mail 0 Express Mall o Registered 0 Return Receipt for Merchandiae o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 v.. 7002 2030 0002 6342 3938 Domestic Return Receipt 102595-02-M-154C EXHIBIT j~ ;1,-,; n-'I.! 7-.,.-, ~::~ ! c.,) ,;t .~ ~~ (~) ~:.;(~ PC: ?" ~ (") c.:: .... "0 .-.:" (,:; () -ri r C' 1': ~t-: ,",1 -, :J i'.: .. r.... c..: . I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA V AN METER, CIVil.. DIVISION Plaintiff, No. 04-472 Civil Term v. J & E LOGISTICS, INe. and ROBERT PRAECIPE TO DISCONTINUE MESS, Defendant. Filed on behalf of Plaintiff, Pamela Van Meter Counsel of record for this party: Christopher P. Deegan, Esquire P A. I.D. #85635 Weber Gallagher Simpson Stapleton Fires & Newby, LLP Firm #594 Two Gateway Center, 14th Floor Pittsburgh, PA 15222 (412) 281-4541 .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA V AN METER, Plaintiff, v. No. 04-472 Civil Term J & E LOGISTICS, INC. and ROBERT MESS, Defendants. PRAECIPE TO DISCONTINUE TO: PROTHONOTARY Pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure, please discontinue Plaintiffs claims against the Defendants, J & E Logistics, Inc., and Robert Mess. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: ~~~ ~ Christop P. Deegan DICKIE, McCAMEY & CHILCOTE, P.C. By: f; JJ)~ Richard S. Dorfzaun Attorneys for Plaintiff, Pamela Van Meter Attorneys for Defendants, J &E Logistics, Inc., and Robert Mess Two Gateway Center, 14th Floor Pittsburgh, PA 15222 Two PPG Place, Suite 400 Pittsburgh, PA 15222 c.\ 1"--) ( .. l.':-=>> () C-,:::t ...r:- --1'1 -'1 : -_I ts ~l:: ;:.:: .~ "'l.lIo,':: {n r7~ <.L' U , I ,~ C) "'7'1 -~"l ) (' r~? " i , , ., :',:) 1",' -;~: ... \D ,... ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No.04-4772-CIVIL Plaintiff, vs. TYPE OF PLEADING: DENNIS J. HAGERICH aIkIa DENNIS HAGERICH, PRAECIPE FOR A WRIT OF EXECUTION Defendant, FILED ON BEHALF OF: and MEMBERS FffiST FEDERAL CREDIT UNION, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Garnishee. COUNSEL OF RECORD: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 CATHY ANN CHROMULAK, ESQ. PAID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 Defendant's Address: 6167 HAYMARKET WAY MECHANICSBURG, P A 17050 CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 (724) 9] 6-2400 Garnishee's Address: 1166 WALNUT BOTTOM ROAD CARLISLE,PA 17013 Date: May 13, 2005 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ..... \.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No.04-4772-CIVIL Plaintiff, vs. DENNIS 1. HAGERICH aIkIa DENNIS HAGERICH, Defendant, and MEMBERS FffiSTFEDERAL CREDIT UNION, Garnishee. PRAECIPE FOR WRIT OF EXECUTION TO: The Prothonotary Please issue a Writ of Execution in the above matter, 1. directed to the Sheriff of CUMBERLAND COUNTY County; 2. against DENNIS J. HAGERICH aIkIa DENNIS HAGERICH, defendant, and 3. against MEMBERS FffiST FEDERAL CREDIT UNION, garnishee, 4. and index this writ a. against DENNIS J. HAGERICH aIkIa DENNIS HAGERICH, defendant, and b. against MEMBERS FffiST FEDERAL CREDIT UNION, garnishee, and any property ofthe defendant in the name of Garnishee: Said Writ of Execution is pursuant to all monies due defendant in any accounts. individual and ioint. personal and business. 5. Amount of Judgment Additional Interest to Date Less Payments (Costs to be added) $6,101.39 - S "1/ n:.t., I $ 244.62/ $1,945.78 $ Pursuant to Writ of Execution And Service of Writ $4,400.23 ~SSA~~L'ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ -G. ? -- ?CJQ w -- t4. :y ...D~ ~~ w - ~ ..0 ... \i'1 ~l:- . -- " 0 (), ~ \)~ 0 - C) \) -l::. \) C o Q ..r: () - \::J I I ~ -::t \ \ I \ b0~ ~ ~ - ~ ?0 w "::: ":; ~ t-r (jV ~ ,.. ~ ?-' ~ ~ ~ , ::. ':.. t}0 =!2 , ~ ~ ~ 'H ~ .~ ()' ~ lCj l ",.' ~:.; Cl <:J1 -n ..<__. ::.:;-1 ":-; :-\-\ c:) "'-("1 r....) (",) (~r: WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4772 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From DENNIS J. HAGERICH AlKJ A DENNIS HAGERICH, 6167 HA YMARKET WAY, MECHANICSBURG, PA 17050 (I) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBERS FIRST FEDERAL CREDIT UNION, 1166 WALNUT BOTTOM ROAD, CARLISLE, P A 17013 - ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS, INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,155.61 Interest TO DATE $244.62 L.L. Atty's Comm % Atty Paid $139.64 Plaintiff Paid Date: MAY 18, 2005 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ~n~0-7_0 p Deputy REQUESTING PARTY: Name MELISSA A. SHENKEL, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.c. 375 SOUTHPOINTE BOVLEV ARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 91445