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HomeMy WebLinkAbout01-6520MICHAEL A. FAHNESTOCK and PATRICIA J. FAHNESTOCK, Husband and Wife, Plaintiffs vs. GEORGE D. BOYER & SONS, INC., and JASON E. GOODLING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 ~., e--~ ] ~ Andrew C. Sheel~, Esqu~ PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiffs MICHAEL A. FAHNESTOCK and PATRICIA J. FAHNESTOCK, Husband and Wife, Plaintiffs vs. GEORGE D. BOYER & SONS, INC., and JASON E. GOODLING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 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 proxima%~ 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 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, YIN 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; and (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 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; 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 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. 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- 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. DATE: October ~, 2001 Respectfully submitted, ~/{drew C. Sheely,~qulre Pa. I.D. No. 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiffs 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 ~, 2001 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 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 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 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiffs