HomeMy WebLinkAbout10-0332?J
SCHMIDT KR AMER PC . F1LED-u; r;r'E
By: Scott B. Cooper, Esquire 2010 JAN 1
2
I.D. No. 70242 Ply: ?$
209 State Street CUB A_
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooper@schmidtkramer.com Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS
RITA SHANAFELTER OF CUMBERLAND COUNTY
Plaintiff,
CIVIL ACTION - LAW
V.
LEROY KITNER and JOHN W.
GLEIM JR., INC.,
Defendants : NO. 10 - 33Q l??yi l `Term
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, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenuega Pty ATTV
Carlisle, PA 17013 CO 1415,2
(717) 249-3166 RTf 013& 1 8(0
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las
siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20)
dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y
radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se le advierte de que si
usted falla de tomar acci6n como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier otra reclamaci6n o remedio
solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O
VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SCHMIDT KRAMER PC
By: Scott B. Cooper, Esquire
I.D. No. 70242
209 State Street
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooper@schmidtkramer.com Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
RITA SHANAFELTER OF CUMBERLAND COUNTY
Plaintiff,
CIVIL ACTION - LAW
V.
LEROY KITNER and JOHN W.
GLEIM JR., INC., .
Defendants : NO. 6 , 3,.
COMPLAINT
AND NOW, comes Plaintiff, RITA SHANAFELTER, by and through
her attorney, Scott B. Cooper, Esquire and SCHMIDT KRAMER PC, and
avers the following:
1. Plaintiff, Rita Shanafelter, is an adult individual with a
permanent address at 200 Old State Road, Shermansdale, Perry County,
PA, 17090.
2. Defendant, Leroy Kitner, is an adult individual with a last
known address at 1195 Fox Hollow Road, Shermansdale, Perry County,
PA, 17090.
3. Defendant, John W. Gleim Jr., Inc., is a Pennsylvania
corporation with its principal place of business located at 625 Hamilton
Street, Carlisle, Cumberland County, PA, 17013.
1
4. The facts and occurrences hereinafter stated took place on
February 14, 2008 at approximately 9:30 a.m. at the intersection of
Route 114 and Interstate 81 in Silver Spring Township, Cumberland
County, Pennsylvania.
5. At all relevant times, Plaintiff, Rita Shanafelter, was the
operator of a 2008 Ford Escape, owned by Cab East, LLC, registered in
the Commonwealth of Pennsylvania.
6. At all relevant times, Defendant, Leroy Kitner, was the
operator of a 2006 Peterbilt dump truck owned by Defendant, John W.
Gleim Jr., Inc., and registered in the Commonwealth of Pennsylvania.
COUNT I
RITA SHAN"ELTER v. LEROY KITNER
NEGLIGENCE
7. Paragraphs 1 through 6 of this Complaint are incorporated
herein by reference and made a part thereof as if set forth in full.
8. On February 14, 2008, at approximately 9:30 a.m., Rita
Shanafelter was operating a Ford Escape, owned by Cab East, LLC
traveling east on Route 114 in Cumberland County, Pennsylvania.
9. On February 14, 2008, Defendant, Leroy Kitner, was
operating a Peterbilt dump truck in the course and scope of his
employment with John W. Gleim Jr., Inc., traveling east on Route 114 in
Cumberland County, Pennsylvania, directly behind Plaintiff.
10. Plaintiff slowed her car to a stop at the red light at the
intersection of Route 114 and Interstate 81.
2
11. Defendant, Leroy Kitner, failed to see that the vehicles in
front of him had slowed and stopped, subsequently colliding with the
back end of Plaintiff's vehicle.
12. The accident at issue was caused solely by the negligence,
carelessness and/or recklessness of the Defendant, and was in no way
caused or contributed to by the Plaintiff.
13. Defendant's negligence, carelessness and/or recklessness
consisted of the following:
a. Defendant's failure to operate his vehicle in accordance with
existing traffic conditions and controls;
b. Failure to have his vehicle under proper and adequate
control so as to avoid causing the collision with Plaintiff's
vehicle;
C. Failure to observe that which was clearly visible, Plaintiff's
vehicle;
d. Failure to notice the position of other drivers lawfully
operating their vehicles on the roadway;
e. Carelessly and/or improperly operating his vehicle in
violation of the Pennsylvania Motor Vehicle Code;
f. Operating his vehicle at a speed greater than permitted him
to stop within the assured clear distance ahead;
g. Following too closely;
h. Inattentiveness to traffic flow, specifically to Plaintiffs
stopped vehicle;
i. Operating his vehicle so as to create a dangerous situation
for other vehicles on the roadway; and
j. Careless driving.
14. As a direct and proximate result of the accident and of the
3
Defendant's conduct, Plaintiff suffered serious injuries, which may be
permanent, including, but not limited to, the following:
a. neck and back pain;
b. broken upper left lateral tooth; and
c. bone loss to left lateral alveolus.
15. As a direct and proximate result of the injuries sustained in
the motor vehicle accident, Plaintiff has been advised and, therefore
avers, that the aforementioned injuries are/were serious and may be
permanent in nature and effect and, thus, a claim for these injuries is
made.
16. As a direct and proximate result of the accident, Plaintiff has
incurred medical expenses for the injuries she has sustained, and may
continue to incur medical expenses into the future, and thus, a claim for
these expenses is made.
17. As a direct and proximate result of the injuries sustained in
the motor vehicle accident, Plaintiff has suffered a loss of wages and may
have suffered an impairment of her future earning power and capacity,
and thus, a claim for these losses is made.
18. As a direct and proximate result of the injuries sustained in
the motor vehicle accident, Plaintiff has undergone in the past, and may
continue to undergo in the future, great pain and suffering, and thus, a
claim for these losses is made.
4
19. As a direct and proximate result of the injuries sustained in
the motor vehicle accident, Plaintiff may have suffered a permanent
diminution of her ability to enjoy life and life's pleasures, and thus, a
claim for these losses is made.
WHEREFORE, Plaintiff, Rita Shanafelter, respectfully requests
your Honorable Court grant judgment in his favor and against the
Defendant, Leroy Kitner, in an amount in excess of the amount requiring
compulsory arbitration.
COUNT II
RITA SHANAFELTER v. JOHN W. GLEIM JR., INC.
RESPONDEAT SUPERIORMEGLIGENCE
20. Paragraphs 1 through 19 of this Complaint are incorporated
herein by reference and made a part thereof as if set forth in full.
21. At the time of the subject accident, Defendant, Leroy Kitner,
was acting as a servant, agent, employee and/or ostensible agent of the
Corporate Defendant, John W. Gleim Jr., Inc.
22. Defendant, John W. Gleim Jr., Inc., is vicariously liable for
the actions of its/their employees, servants and/or agents, specifically
Defendant, Leroy Kitner.
23. Defendant, John W. Gleim Jr., Inc., was negligent for failing
to supervise and/or train its employee, Defendant Leroy Kitner, in the
safe operation of the motor vehicle and/or allowing Defendant, Leroy
Kitner, to operate the vehicle when it/they knew, or should have known
5
that Defendant, Leroy Kitner, would operate his vehicle in a dangerous
and/or careless manner.
24. The injuries sustained by Plaintiff were a direct and
proximate result of the aforesaid negligence of the Defendant, John W.
Gleim Jr., Inc.
25. Plaintiff's injuries were a direct and proximate result of the
Defendants' negligence and were not caused or contributed to by any
conduct on the part of Plaintiff.
26. Paragraphs 14 through 19 of this Complaint relating to
injuries and damages are incorporated herein by reference and made a
part thereof as if set forth in full.
WHEREFORE, Plaintiff, Rita Shanafelter, respectfully requests
your Honorable Court grant judgment in his favor and against the
Defendant, John W. Gleim Jr., Inc., in an amount in excess of the
amount requiring compulsory arbitration.
Respectfully Submitted,
SCHMI ER, PC
By:
Scott B. Cooper
I.D. No. 70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300 (t)
(717) 232-6467 (fl
scooper@schmidtkramer.com
Date: i 1,x)/0 Attorney for Plaintiff
6
VERIFICATION BASED UPON PERSONAL RNOWLEDGR AND
IlrFOR?ATiON SUPPLIED BY COUNSEL
I, Rita Shanafelter, hereby verify that I am the Plaintiff in the
foregoing action and that the attached Complaint is based upon the
information which has been gathered by my counsel in preparation of
this lawsuit. I have read the Complaint, and to the extent it is based
upon information which I have given to counsel, is true and correct to
the best of my knowledge, information, and belief. To the extent that the
contents of the Complaint are that of counsel, I have relied upon counsel
in making this Verification.
I understand that intentional false statements herein are made
subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn
falsifications made to authorities.
DATE: ( Z?
RITA 8HAlIAFELTER
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
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Edward L Schorpp
Solicitor
Rita Shanafelter
vs.
John W. Gleim, Jr.
r' '?'Y
Case Number
2010-332
SHERIFF'S RETURN OF SERVICE
01/13/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Leroy Kitner, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice
according to law.
01/18/2010 02:14 PM - Perry County Return: And now January 18, 2010 at 1414 hours I, Carl E. Nace, Sheriff of
Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint
and Notice, upon the within named defendant, to wit: Leroy Kitner by making known unto himself
personally, at 1195 Fox Hollow Road, Shermansdale, PA 17090 its contents and at the same time
handing to him personally the said true and correct copy of the same.
01/19/2010 11:32 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January
14, 2010 at 1132 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: John W. Gleim Jr., by making known unto Cindy Gleim-Pool, Office Manager at 625
Hamilton Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $42.40
January 20, 2010
SO AN ERS,
7NY O R ANDERSON, SHERIFF
DGountySuite Sher!ff. Teleo.o'f. Lx:.
Rita Shanafelter
Versus
Leroy Kitner
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
No. 2010-332 Cumb Co.
SHERIFF'S RETURN
And now January 18 , 2010 : Served the within name Leroy Kitner
the defendant(s) named herin, personally at his place of residence in Carroll Twp-1195 Fox
Hollow Rd.
ShermansDale, PA
Perry County, PA, on January 18, 2010 at 2:14 o'clock PM
by handing to Leroy Kitner, Defendant
copy(ies) of the within Complaint
and made known to him the contents thereof
Sworn and subscribed to before me this Z61-411
day of - ,
COMMONWEALTH OF PENNSYLVANIA
1 true and attested
So answers
Alan D. houck
Deput Sheriff of Perry County
ARiAL. SEAL.
MARGARET (`. FLICKINGER, Notary Niblic
Bloomfield 9oro. Ferry Counry
M CommWon Expires Feb. tfi, 2012
In The Court of Common Pleas of Cumberland County, Pennsylvania
Rita Shanafelter
vs.
Leroy Kitner
1195 Fox Hollow Road
Shermansdale, PA 17090
Civil No. 2010-332
Now, January 13, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of
Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
V eriff of Cumberland County, PA
Affidavit of Service
Now, , 20 , at o'clock M, served the
within
upon
at
by handing to
a
and made known to
Sworn and subscribed before
me this day of 120
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
2p :a???
RITA SHANAFELTER,
Plaintiff
v.
LEROY KITNER and JOHN W.
GLEIM, JR., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
• No. 10-332
CIVIL ACTION -LAW n a
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PRAECIPE FOR DISCONTINUANCE
TO THE PROTHONOTARY:
Please mark the above-captioned action discontinued and ended with
prejudice.
Respectfully submitted,
Date: 3/ ~ 6~~~
SCHMIDT KRAMER PC
By: ~L%ti'
Scott B. Cooper, Esquire
I.D. # 70242
209 State Street
Harrisburg, PA 17101
717/232-6300
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 16th day of March 2010, I, Scott B. Cooper, Esquire, counsel
for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing
Praecipe for Discontinuance via first-class mail to the following:
Tracy Gouker
Travelers Property & Casualty
10 Sentry Parkway, Suite 300
Blue Bell, PA 19422
Respectfully submitted,
Date: ~ ~ d ~ O
SCHMIDT KR.AMER PC
By: G~~
Scott B. Cooper, Esquire
I.D. # 70242
209 State Street
Harrisburg, PA 17101
717/ 232-6300
Attorney for Plaintiff