Loading...
HomeMy WebLinkAbout10-4884CARRIE A. LEBO, and JASON E. LEBO Plaintiffs V. SCOTT M. DINGER, and REPUBLIC SERVICES, INC. d/b/a YORK WASTE DISPOSAL, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10 - qgW CIVIL TERM C.7 Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend agast the clams s forth in the following pages, you must take action within twenty (20) days after this Complai and Notice are served, by entering a written appearance personally or by attorney and filing writing with the Court your defenses or objections to the claims set forth against you. You warned that if you fail to do so the case may proceed without you and a judgment may be enter against you by the Court without further notice for any money claimed in the Complaint or any other claim or relief requested by the Plaintiff. You may lose money or property or ot] rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 10 wd #)-b lop 010*6 ,0I CZ Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 a?s?a? CARRIE A. LEBO, and : IN THE COURT OF COMMON PLEAS OF JASON E. LEBO : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO. 10 - CIVIL TERM V. SCOTT M. DINGER, and REPUBLIC SERVICES, INC. d/b/a YORK WASTE DISPOSAL, INC. Defendants : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Carrie A. Lebo, an adult individual, resides at 1708 Newville Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Plaintiff, Jason E. Lebo, an adult individual, resides at 1708 Newville Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant, Scott M. Dinger, an adult individual, resides at 64 East Main Street, P.O. Box 143, Windsor, York County, Pennsylvania 17366. 4. Defendant, Republic Services, Inc. d/b/a York Waste Disposal, Inc., is a Delaware corporation authorized to do business within the Commonwealth of Pennsylvania with its principal place of business located at 3737 Sandhurst Drive, York, York County, Pennsylvania 17406. 5. On September 10, 2008, Plaintiff Carrie A. Lebo, the owner and operator of a 2006 Toyota Corolla, was traveling east on Route 581, a four lane divided highway, in Hampden Township, Cumberland County, Pennsylvania at approximately 7:59 a.m. 6. At that same time and place, Defendant Scott M. Dinger, the operator of a 2003 Mack MR688S garbage truck, owned by Republic Services, Inc. d/b/a York Waste Disposal, Inc., was traveling east behind Plaintiff Carrie A. Lebo. 7. Plaintiff Carrie A. Lebo slowed her vehicle down as the traffic in front of her slowed down. 8. Defendant Scott M. Dinger's garbage truck maintained an unsafe speed and did not slow down as it approached the slowing traffic. 9. While continuing at an unsafe speed, Defendant Scott M. Dinger's garbage truck struck the rear of Plaintiff Carrie A. Lebo's vehicle pushing Plaintiff Carrie A. Lebo's vehicle ahead before striking the rear of Plaintiff Carrie A. Lebo's vehicle a second time. 10. Plaintiff Carrie A. Lebo's vehicle moved to the left toward the center barrier of the highway as Defendant Scott M. Dinger's garbage truck sideswiped two other vehicles. 11. Plaintiff suffered serious injuries to her shoulder, neck and spine. COUNT I: PLAINTIFF CARRIE A. LEBO v. DEFENDANT SCOTT M. DINGER - NEGLIGENCE 12. Paragraphs 1-11 are incorporated herein as if set forth at length. 13. It was Defendant Scott M. Dinger's duty to operate his vehicle with due care and caution, in accordance with the applicable statues and ordinances in effect at the aforesaid time and place. 14. At the aforesaid time and place, Defendant Scott M. Dinger was guilty of one or more of the following careless and negligent acts or omissions: a. Defendant Scott M. Dinger drove a vehicle such that it followed another vehicle more closely than is reasonable and prudent. b. Defendant Scott M. Dinger drove a vehicle without due regard for the speed of the vehicles and the traffic upon and the condition of the highway. C. Defendant Scott M. Dinger drove a vehicle at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards then existing. d. Defendant Scott M. Dinger drove a vehicle at a speed greater than that which would permit him to bring his vehicle to a stop within the assured clear distance ahead. 15. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the garbage truck driven by Defendant Scott M. Dinger violently collided with Plaintiff Carrie A. Lebo's vehicle. 16. As a direct and proximate result of the aforesaid collision, Plaintiff Carrie A. Lebo suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff, Carrie A. Lebo, asks for a judgment in her favor and against Defendant Scott M. Dinger in a sum in excess of $50,000.00. COUNT II: PLAINTIFF CARRIE A. LEBO v. DEFENDANT REPUBLIC SERVICES INC d/b/a YORK WASTE DISPOSAL. INC. - NEGLIGENCE 17. Paragraphs 1-16 are incorporated herein as if set forth at length. 18. At the aforesaid time and place, while engaged in Defendant Republic Services, Inc.'s business and for Defendant Republic Services, Inc.'s benefit, Defendant Scott M. Dinget was guilty of one or more of the following careless and negligent acts or omissions: a. Defendant Scott M. Dinger drove a vehicle such that it followed another vehicle more closely than is reasonable and prudent. b. Defendant Scott M. Dinger drove a vehicle without due regard for the speed of the vehicles and the traffic upon and the condition of the highway. C. Defendant Scott M. Dinger drove a vehicle at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards then existing. d. Defendant Scott M. Dinger drove a vehicle at a speed greater than that which would permit him to bring his vehicle to a stop within the assured clear distance ahead. 19. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the garbage truck driven by Defendant Scott M. Dinger while engaged in Defendant Republic Services, Inc.'s business and for Defendant Republic Services, Inc.'s benefit violently collided with Plaintiff Carrie A. Lebo's vehicle. 20. As a direct and proximate result of the aforesaid collision, Plaintiff Carrie A. Lebo suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff, Carrie A. Lebo, asks for a judgment in her favor and against Defendant Republic Services, Inc. d/b/a York Waste Disposal, Inc. in a sum in excess of $50,000.00. COUNT III: PLAINTIFF CARRIE A. LEBO v. DEFENDANT SCOTT M. DINGER - NEGLIGENCE PER SE 21. Paragraphs 1-20 are incorporated herein as if set forth at length. 22. At the aforesaid time and place, Defendant Scott M. Dinger did negligently, carelessly and recklessly violate one or more of the following statutes that were designed to protect Plaintiff Carrie A. Lebo from harm and damages: a. 75 Pa.C.S. § 3310 (Following too closely) b. 75 Pa.C.S. § 3361 (Driving vehicle at safe speed) 23. As a direct and proximate result of one or more of the aforesaid violations, the garbage truck driven by Defendant Scott M. Dinger violently collided with Plaintiff Carrie A. Lebo's vehicle. 24. As a direct and proximate result of the aforesaid collision, Plaintiff Carrie A. Lebo suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff, Carrie A. Lebo, asks for a judgment in her favor and against Defendant Scott M. Dinger in a sum in excess of $50,000.00. COUNT IV: PLAINTIFF CARRIE A. LEBO v. DEFENDANT REPUBLIC SERVICES INC d/b/a YORK WASTE DISPOSAL, INC. - NEGLIGENCE PER SE 25. Paragraphs 1-24 are incorporated herein as if set forth at length. 26. At the aforesaid time and place, while engaged in Defendant Republic Services, Inc.'s business and for Defendant Republic Services, Inc.'s benefit, Defendant Scott M. Dinger did negligently, carelessly and recklessly violate one or more of the following statutes that were designed to protect Plaintiff Carrie A. Lebo from harm and damages: a. 75 Pa.C.S. § 3310 (Following too closely) b. 75 Pa.C.S. § 3361 (Driving vehicle at safe speed) 27. As a direct and proximate result of one or more of the aforesaid violations, the garbage truck driven by Defendant Scott M. Dinger while engaged in Defendant Republic Services, Inc.'s business and for Defendant Republic Services, Inc.'s benefit violently collided with Plaintiff Carrie A. Lebo's vehicle. 28. As a direct and proximate result of the aforesaid collision, Plaintiff Carrie A. Lebo suffered injuries of a personal and pecuniary nature, including but not limited to: medical expenses, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE, Plaintiff, Carrie A. Lebo, asks for a judgment in her favor and against Defendant Republic Services, Inc. d/b/a York Waste Disposal, Inc. in a sum in excess of $50,000.00. COUNT V: PLAINTIFF JASON E. LEBO v. DEFENDANT SCOTT M. DINGER - LOSS OF CONSORTIUM 29. Paragraphs 1-28 are incorporated herein as if set forth at length. 30. Prior to September 10, 2008, Plaintiff Jason E. Lebo was legally married to Plaintiff Carrie A. Lebo, and as husband and wife, each became entitled to the companionship, society, guidance, material services and consortium of their respective spouses during the period of coverture. 31. As a result of the injuries to his spouse, Plaintiff Jason E. Lebo was deprived, and will in the future be deprived, of the companionship, society, guidance, material services and consortium of his spouse. WHEREFORE, Plaintiff, Jason E. Lebo, asks for a judgment in his favor and against Defendant Scott M. Dinger in a sum in excess of $50,000.00. COUNT VI: PLAINTIFF JASON E. LEBO v. DEFENDANT REPUBLIC SERVICES INC d/b/a YORK WASTE DISPOSAL, INC. - LOSS OF CONSORTIUM 32. Paragraphs 1-31 are incorporated herein as if set forth at length. 33. Prior to September 10, 2008, Plaintiff Jason E. Lebo was legally married to Plaintiff Carrie A. Lebo, and as husband and wife, each became entitled to the companionship, society, guidance, material services and consortium of their respective spouses during the period of coverture. 34. As a result of the injuries to his spouse, Plaintiff Jason E. Lebo was deprived, and will in the future be deprived, of the companionship, society, guidance, material services and consortium of his spouse. WHEREFORE, Plaintiff, Jason E. Lebo, asks for a judgment in his favor and against Defendant Republic Services, Inc. d/b/a York Waste Disposal, Inc. in a sum in excess of $50,000.00. COUNT VII: PLAINTIFF CARRIE A. LEBO v. DEFENDANT SCOTT M. DINGER - PROPERTY DAMAGE 35. Paragraphs 1-34 are incorporated herein as if set forth at length. R 36. As a direct and proximate result of the conduct of Defendant Scott M. Dinger, as alleged herein, Plaintiff Carrie A. Lebo was caused to suffer property damage in an amount, scope and extent not fully known and subject to proof at trial but approximately $20,000.00. WHEREFORE, Plaintiff, Carrie A. Lebo, asks for a judgment in her favor and against Defendant Scott M. Dinger in a sum not in excess of $50,000.00. COUNT VIII: PLAINTIFF CARRIE A. LEBO v. DEFENDANT REPUBLIC SERVICES INC. d/b/a YORK WASTE DISPOSAL, INC. - PROPERTY DAMAGE 37. Paragraphs 1-36 are incorporated herein as if set forth at length. 38. As a direct and proximate result of the conduct of Defendant Scott M. Dinger while engaged in Defendant Republic Services, Inc.'s business and for Defendant Republic Services, Inc.'s benefit, as alleged herein, Plaintiff Carrie A. Lebo was caused to suffer property damage in an amount, scope and extent not fully known and subject to proof at trial but approximately $20,000.00. WHEREFORE, Plaintiff, Carrie A. Lebo, asks for a judgment in her favor and against Defendant Republic Services, Inc. d/b/a York Waste Disposal, Inc. in a sum not in excess of $50,000.00. Respectfully Submitted, TURO ROBINSON o r7 /ac,/,/0 Da Paul M. Ferguson Supreme Ct. No. 203293 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs I verify that the statements made m the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. to Date Carrie A. Lebd -11LUIV) A4AOb----, I o Date J n E. CARRIE A. LEBO, and JASON E. LEBO Plaintiffs V. SCOTT M. DINGER, and REPUBLIC SERVICES, INC. d/b/a YORK WASTE DISPOSAL, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10 - 4884 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, ended and discontinued on behalf of I' Plaintiffs against Defendants. Respectfully Submitted, TURO ROBINSON Date/ Paul M. Ferguson Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs C- -c, 6 - 7 - l -v; T ? ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff pi ~ti;nia~;~ ~ r, ':'~~ FfL~Q--r',=~nc (~F fi!F~ ~„~;~,~Y Jody S Smith Chief Deputy Richard W Stewart Solicitor Carrie A. Lebo (et al.) vs. Scott M. Dinger (et al.) ~~ n r.?~ PEi'~~vSl'id,~N~1 Case Number 2010-4884 SHERIFF'S RETURN OF SERVICE 07/27/2010 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: Scott M. Dinger, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 07/27/2010 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: Republic Services, Inc. d/b/a York Waste Disposal, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 07/29/2010 02:45 PM -York County Return: And now July 29, 2010 at 1445 hours I, Richard P. Keuerleber, Sheriff of York 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: Republic Services, Inc. d/b/a York Waste Disposal, Inc. by making known unto Alexandera Skilaris, Dispatcher for Republic Services at 3730 Sandhurst Drive, York, PA 17406 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/26/2010 York County Return: And now, August 26, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Scott M. Dinger the defendant named in the within Complaint and Notice and that I am unable to find him in the County of York and therefore return same NOT FOUND. SHERIFF COST: $53.44 September 10, 2010 SO ANSWERS, ~~='~~~ RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber ~ PETER J. MANGAN, ESQ. Sheriff ~~ Solicitor Reuben B Zeager ~^ ~ Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration CARRIE A. LEBO Case Number vs. 10-4884-CIVIL SCOTT M. DINGER (et al.) SHERIFF'S RETURN OF SERVICE 07/29/2010 02:45 PM -DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ALEXANDERA SKILARIS, DISPATCHER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR REPUBLIC SERVICES, INC., D/B/A YORK WASTE DISPOSAL, INC. AT 3730 SANDHURST DRIVE, YORK WASTF_ DISPOSAL, YORK, PA 17406. O D STAHL, DEPUTY 08/26/2010 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: SCOTT M. DINGER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN CIVIL ACTION (CICA) AS "NOT FOUND" AT 64 E. MAIN ST., WINDSOR, PA 17366. 5 ATTEMPTS MADE ON DEF. SHERIFF COST: $72.50 SO AN ERS, September 08, 2010 RI HARD P KEU LEBER, SHERIFF NOTARY Affirmed and subscribed to before me this 8th day of SEPTEMBER 2010 CoMr,+oN~~°~~ALTH of PENNS~~vANIA ,.%~~ ,, ,., ~ NOTARIAL SEAL / LISA L THOR~'E NOTARY °UBLIC CITY OF YORK. YORK CGUNTY MY CCMf.1'~SS',CN EX^IRES AUG. 12.2013