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Home My WebLink About09-6206 GILMAN & FISH, L.L.C. BY: CHARLES A. GILMAN, ESQUIRE Identification No.: 86966 108 W. Timonium Road, Suite 203 Timonium, Maryland 21093 (410) 560-4999 Attorneys for Plaintiff KEVIN SANDERS 945 Lanvale Street Hagerstown, MD 21740 Plaintiff V. CHRISTINE M. KILLINGER 2500 Federal Avenue, Apartment 128 Hershey, PA 17033 And PATRICIA R. ROGERS 6235 North Route 220 Highway Lot 41 Linden, PA 17744 • I COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNSYLVANIA 69 - 1at%p Defendants CIVIL ACTION - COMPLAINT 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 of 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 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 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. PA Bar Association Lawyer Referral Service 1.800b92.7375 PA only 1-717-232-7536 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse demandas expuestas en las paginas siguientes, usted tiene veinte (2 o al partir de la fecha de la demanda y la notificacion. Hace falta' a comparencia escrita o en persona o con un abogado y entregar a la forma escrita sus su persona. See a visado que si usted no se defies tomara medidas y puede continuar la demanda en contr suya sine E notificacion Ademas, la corte puede decider a favor del demandain que usted cumpla con todas las provisions de esta demanda. Ust( perder dinero o sus propiedades o ostros de rechos importantes pa LLEVE ESTA DEMANDA A UN ABOGADO IN MEDIA LAME TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENI'I TAL SERVICIO. VAYA EN PERSONA P LLAME POR TELEYI OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA AB AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA PA Bar Association Lawyer Referral Service 1-800.692.7375 PA only 1-717-232-7536 3e estas 1) dias de pla sentar una corte en le, la corte .-evio aviso o e y require I puede a usted. NTE. SI NO DE PAGAR )NO A LA VO PARA LEGA. I ?I Kevin Sanders, by and through his attorneys, Charles A. Gilman and Gilman & Fish, IL.L.C., sues Christine M. Killinger (hereinafter "Killinger" or "Defendant") and Patricia R. *ogers (hereinafter "Rogers" or "Defendant") and states as follows: 1. The Defendant Christine M. Killinger is an adult individual residing at the above captioned address. 2. The Defendant Patricia R. Rogers is an adult individual residing at the above ca, tioned address. i 3. The Plaintiff Kevin Sanders is an adult individual residing at the above captioned address. I 2 COUNTI (Negligence - Defendant Christine M. Killinger) 4. Plaintiff incorporates the allegations contained in paragraphs 1 through 3 above as fully as though the same were set forth herein at length. 5. On or about March 6, 2008, at approximately 9:40 p.m., Plaintiff Kevin Sander, was lawfully and carefully operating his motor vehicle heading northbound on Interstate 83 in the left lane, approaching exit 41A. 6. That at approximately the same time and place, a motor vehicle owned by Patxil is R. Rogers and operated with permission by Defendant Christine M. Killinger, was traveling on ?I Interstate 83, approaching exit 41A, in the same lane as Plaintiff. Suddenly and without NOrning, Defendant Killinger failed to notice Plaintiff's vehicle slowing down, and forcefully Collided with the rear of Plaintiff's vehicle. 7. Solely as a result of the aforesaid negligence, carelessness, and recklessness, Of the Defendant, Plaintiff was caused to suffer severe and painful injuries to his eyes, back, left shoulder, left arm, neck, and left elbow, irreparable and severe, all to his great and cone' ?nuing detriment. 8. As a further result of the aforesaid accident, Plaintiff has been rendered disabled from his usual daily activities, occupations and chores and he has suffered a loss of enjoyment of his usual life's pleasures, all to his continuing and great detriment and loss. 9. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of the Defendant and was not due in any manner whatsoever to any act or faijure to act on the part of the Plaintiff. 10. The negligence, carelessness and recklessness of Defendant consisted of: a. Failure to have his motor vehicle under proper control; 3 b. Failing to maintain a proper lookout of the road and traffic conditions in front of his vehicle; c. Failing to slow, stop or swerve his motor vehicle when he knew or with the exercise of reasonable care should have known that in not doing so, the aforesaid accident would occur; d. Failing to use due caution in operating his motor vehicle; e. Failing to have due regard for the rights, safety and position of the Plaintiff;) f. Any and all other acts of negligence that may be ascertained through the course of discovery or at the time of trial. I 11. As a result of the accident, Plaintiff has been obliged to expend large sums of mohy for medicine and medical care in an effort to effectuate a cure of the injuries he suffered, and 1* will I be obliged to expend such sums for an indefinite period of time in the future, to his !great detriment and loss. I 12. As a further result of the aforesaid negligence, carelessness and recklessness pf the Defendant, Plaintiff, has undergone great pain, mental anguish and humiliation as well 1 as significant frustration and depression and he will continue to endure the same for an indefinite time into the future, to his great detriment and loss. 13. As a further result of this accident, Plaintiff has or may suffer a severe loss Of his earnings and impairment of his earning capacity and power. 14. As a direct result of the aforesaid accident, the Plaintiff, has suffered a sevens loss because of expenses which have been reasonable incurred in obtaining ordinary and nec?ssary services in lieu of those which Plaintiff would have performed, not for income, but for the benefit of himself, if he had not been so grievously injured, to his great detriment and loss. 4 15. As a direct and reasonable result of the aforesaid accident, Plaintiff may incur, other recoverable financial expenses or losses exceeding those enumerated in the foregoing paragraphs. WHEREFORE, Plaintiff, Kevin Sanders, demands judgment in his favor Defendant, in an amount in excess of fifty thousand dollars ($50,000). h6t the COUNT II (Negligent Entrustment - Defendant Patricia R. Rogers) 16. Plaintiff adopts by reference the allegations contained in paragraphs 1 through 15 q?this i Complaint with the same effect as if herein fully set forth. I 17. Defendant Rogers owned and supplied the vehicle to Defendant Killinger. 18. Defendant Rogers knew, or should have known, that Defendant Killinger had a proplensity to operate the vehicle in a negligent and unsafe manner, which would be likely to cause p?ysical damage to others. 19. That as a proximate result of the negligence of the Defendant, Plaintiff was caused to be seriously, painfully and permanently injured about his eyes, back, left shoulder, left arm, neck, and left elbow, irreparable and severe, all to his great and continuing detriment. 20. The Plaintiff further states that all of her injuries, damages, and losses complai#ed of were caused directly by the negligence of both Defendants, without any negligence on the', }part of I the Plaintiff contributing thereto. WHEREFORE, Plaintiff, Kevin Sanders, demands judgment in his favor against the I Defendant, in an amount in excess of fifty thousand dollars ($50,000). 5 COUNT III (Negligence - Defendant Patrica R. Rogers) 21. Plaintiff adopts by reference the allegations contained in paragraphs 1 through 20 of this Complaint with the same effect as if herein fully set forth. 22. That as a proximate result of the negligence of the Defendant, Plaintiff was caused) to be seriously, painfully and permanently injured about his eyes, back, left shoulder, left arm, (neck, and left elbow, irreparable and severe, all to his great and continuing detriment 23. The Plaintiff further states that all of his injuries, damages, and losses complai Iced of were caused directly by the negligence of both Defendants, without any negligence on the part of the Plaintiff contributing thereto. WHEREFORE, Plaintiff, Kevin Sanders, demands judgment in his favor agaiti?t the Defendant, in an amount in excess of fifty thousand dollars ($50,000). GILNJAN & FISH, L.L.C. Chart A. Gilman GILMAN & FISH, L.L.C. 108 W. Timonium Road, Suite 203 Timonium, Maryland 21093 (410) 560-4999 Attorney for Plaintiff 6 VERIFICATION I, Charles A. Gilman, hereby state that I am counsel in the within action, and I hereby verify that the statements made in the foregoing pleading are true and correct to the best of my II knowledge and belief. The undersigned understands that the statements made herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswo falsifications to authoritiesl'? Charles A. Gilman, Esq. Attorney for Plaintiff Date: August 25, 2008 7 VERIFICATION The Undersigned, after having read the attached pleading verifies that the withinl Civil Action Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Civil Action Complaint is that of Counsel and not of signer. Signer verifies that he has read the allegations within thi Civil Action Complaint and they are true and correct to the best of the signer's kno edge, information and belief To the extent that the contents of the Civil Action Complaint are hat of Counsel, verifier has relied upon counsel in taking this verification. This verification is made subject to the penalties of 18 PA C.S. §4904 relating to uns orn falsifica ' n to authorities.) i r K?vin Sanders Date: - ?? ' ) OF ??r v? ' iL ? ! t? 'r1?gn? 1004 SEP 1 4 PH e g,78. soord.-R? e? 2?3v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN SANDERS, Plaintiff, CIVIL DIVISION NO. 09 - 6206 V. CHRISTINE M. KILLINGER and PATRICIA R. ROGERS, Defendants. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17391 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN SANDERS, CIVIL DIVISION Plaintiff, V. NO. 09 - 6206 CHRISTINE M. KILLINGER and (Jury Trial Demanded) PATRICIA R. ROGERS, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendants, Christine M. Killinger and Patricia R. Rogers, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: n D. Ra/Gch, Esquire nsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 29TH day of September, 2009. Charles A. Gilman, Esquire Gilman & Fish, L.L.C. 108 West Timonium Road, Suite 203 Timonium, MD 21093 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: I Ke in D. Ra ch, Esquire Co nsel for Defendants ICE OF n?"TMror?r 2009 OCT -1 AM ! 1:52 PENNSYLVANIA