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HomeMy WebLinkAbout02-0791SUSAN L. PHILLIPS and, GERALD T. PHILLIPS Plaintiffs VS. GLEN DAVID FINSTERBUSH and: PENNSY SUPPLY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ?gl CIVIL ACTION- LAW JURY TRIAL DEMANDED N O T I C E TO PLEAD 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 is 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 document: or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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, PA 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew C. Spears, Esquire Attorney I.D. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #: 221004.1 SUSAN L. PHILLIPS and, GERALD T. PHILLIPS Plaintiffs VS. GLEN DAVID FINSTERBUSH and: PENNSY SUPPLY, INC., : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this t//)r~ day of February, 2002, come the Plaintiffs, Susan L. Phillips and Gerald T. Phillips, by and through their attorneys, Andrew C. Spears, Esquire and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and state the following cause of action and in support thereof, aver as follows: Plaintiffs, Susan L. Phillips and Gerald T. Phillips, husband and wife, are adult residing at 3810 Golfview Drive, Mechanicsburg, Cumberland County, individuals Pennsylvania. 2. Defendant, Glen David Finsterbush, is an adult individual residing at 994 Clifton Heights Road, Hummelstown, Dauphin County, Pennsylvania. 3. Defendant, Pennsy Supply, Inc., is a Pennsylvania corporation with a principal place of business at 1001 Paxton Street, Harrisburg, Dauphin County, Pennsylvania. 4. On June 10, 2000, Plaintiff Susan L. Phillips and husband, Gerald T. Phillips, were the co-owners of a 2000 Kia automobile with Pennsylvania registration plate no. TAJ873. 5. On the aforesaid date, Defendant Pennsy Supply, Inc., was the owner of a Peterbuilt track with Pennsylvania registration plate no. AE14607. Document #: 221004.1 6. On thc aforesaid date, at approximately 9:30 a.m., Plaintiff Susan L. Phillips was operating her 2000 Kia automobile and had turned onto the Carlisle Pike from Jeffrey Drive in Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and date, Defendant, Glen David Finsterbush, was operating the Peterbuilt truck with the permission of the Defendant, Pennsy Supply, Inc., and was in the scope of his employment with Defendant, Pennsy Supply, Inc. 8. At the aforesaid time and date, Defendant, Glen David Finsterbush, was operating the truck eastbound on the Carlisle Pike in the left lane in Hampden Township, Cumberland County, Pennsylvania. 9. At the aforesaid time and date, Defendant, Glen David Finsterbush, attempted to enter the right lane, and violently struck the Plaintiff vehicle as it was already established in the right lane of the Carlisle Pike, causing damage to Plaintiffs' vehicle. COUNT I - NEGLIGENCE Susan L. and Gerald T. Phillips v. Glen David Finsterbush 10. Paragraphs 1 through 9 hereof are incorporated herein by reference as if fully set 11. At ail times relevant hereto, Defendant, Glen David Finsterbush, was an employee, servant, workman and/or agent of Pennsy Supply, Inc. and was acting within the scope of his employment with Defendant, Pennsy Supply, Inc. 12. Defendant Finsterbush owes the duty to other lawful users of the roadway in the Commonwealth of Pennsylvania to operate their vehicle in such a way as to not cause harm or damage to said other persons, to the Plaintiffs in particular. Document #: 221004.1 13. The negligence, carelessness and recklessness of Defendant, Glen David Finsterbush, consisted of the following: (a) Failing to observe the roadway ahead for the presence of other vehicles; (b) Failing to slow or stop the vehicle he was operating so as to avoid a collision; (c) Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with Plaintiffs' vehicle; (d) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (e) Failing to give warning to Plaintiff of his impending collision with Plaintiffs' vehicle; (f) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. § 3714 and applicable law; (g) Failing to keep his vehicle under proper and adequate control so as not to expose other users to unreasonable risk of harm; (h) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (i) Failing to familiarize himself with the roadway and his surroundings; O) Not paying attention to his surroundings; and (k) Driving his vehicle in reckless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. § 3736 and applicable law. 14. The Defendant Glen David Finsterbush violated Pennsylvania Statutes in effect at the time of the accident and is negligent per se and as a matter of law. Document #: 221004.1 15. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant Finsterbush, Plaintiffs' vehicle sustained property damage and required repairs in the amount of $3,417.71. WHEREFORE, Plaintiffs, Susan L. Phillips and Gerald T. Phillips, demand judgment against the Defendant, Glenn David Finsterbish, either individually and/or jointly and severally, for the aforesaid damages in an amount which does not exceed the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delaying costs of prosecution. 16. forth. 17. COUNT II - VICARIOUS LIABILITY Susan L. and Gerald T. Phillips v. Penns¥ Supply~ Inc. Paragraphs 1 through 15 hereof are incorporated herein by reference as if fully set At the aforesaid time and place, Defendant Finsterbush was operating said vehicle as an agent, servant, and/or employee of Defendant Pennsy Supply, Inc. in the course and scope of his employment and as such, Defendant Pennsy Supply, Inc. is also liable for the damages. WHEREFORE, Plaintiffs, Susan L. Phillips and Gerald T. Phillips, demand judgment against the Defendant, Pennsy Supply, Inc., either individually and/or jointly and severally, for the aforesaid damages in an amount which does not exceed the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delaying costs of prosecution. Document ii: 221004.1 18. COUNT III - NEGLIGENT ENTRUSTMENT Susan i. and Gerald T. phillips v. Penns¥ Suoolv, Inc. Paragraphs 1 through 17 hereof are incorporated herein by reference as if fully set forth. 19. In addition to being vicariously liable for the actions of its employee, servants, workman and/or agent, Defendant, Pennsy Supply, Inc., is also negligent, careless and reckless as follows: (a) Failing to properly train its employees, servants, workmen and/or agents in the operation of its vehicles; (b) Failing to provide its employees, servants, workmen and/or agents with proper directions before allowing them to operate its vehicles; (c) Failing to properly supervise or control its employees, servants, workmen and/or agents while they are operating its vehicles; (d) Hiring and/or retaining employees, servants, workmen and/or agents who may be unfit or incompetent to operate its vehicles; (e) (f) Failing to have in place proper procedures, rules, regulations, protocols or safety measures to insure that other motorists are not endangered by the operation of its vehicles by its employees, servants, workmen and/or agents; and Failing to take the proper precautions to protect Plaintiffs and other lawful users of the roadway from the negligent, careless and reckless actions of its employees, servants, workmen and/or agents. 20. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Pennsy Supply, Inc., Plaintiffs' vehicle sustained property damage which required repairs in the amount of $3,417.71. Document #: 221004.1 WHEREFORE, Plaintiffs, Susan L. Phillips and Gerald T. Phillips, demand judgment against the Defendant, Pennsy Supply, Inc., either individually and/or jointly and severally, for the aforesaid damages in an amount which does not exceed the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delaying costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: ~-////0~.-" By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document ?4: 221004.1 VERIFICATION I, Susan L. Phillips and Gerald T. Phillips, verify the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: DoCUment #: 221004. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00791 P 'COMSfONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS SUSAN L ET AL VS FINSTERBUSH GLEN DAVID ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FINSTERBUSH GLEN DAVID but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 35.25 .00 72.25 03/07/2002 METZGER WICKERSHAM R~ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /3~-- day of 7~ 2~o2_~ A.D. rothonot ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00791 P · COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS SUSAN L ET AL VS FINSTERBUSH GLEN DAVID ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn accordin9 to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PENNSY SUPPLY INC but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/07/2002 METZGER WICKERSHAM R7 Thomas Kline/ Sheriff of Cumberland County Sworn and subscribed to before me this /~ ~ day of ~ ~o~ A.D. ~ ' Prothonotaf~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 28, 2002 COMPLAINT PENNSY SUPPLY INC to SUSAN SNYDER, RECEPTIONIST of the original COMPLAINT to him/her the contents thereof at 1001 PAXTON ST HBG, PA 00000-0000 : PHILLIPS SUSAN L vs : FINSTERBUSH GLEN DAVID Sheriff's Return No. 0406-T - -2002 OTHER COUNTY NO. 02-791 at 7:56AMserved the within upon by personally handing 1 true attested copy(les) and making known Sworn and subscribed to before me this 5TH day of MARCH, 2002 PROTHONOTARY So Answers, Sheriff's Costs: $35.25 PD 02/25/2002 RCPT NO 160561 MYLNEK Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin Sheriff' s Return No. 0406-T OTHER COUNTY NO. AND NOW:February 28, 2002 COMPLAINT FINSTERBUSH GLEN DAVID to JUANITA FINSTERBUSH, WIFE of the original PHILLIPS SUSAN L vs FINSTERBUSH GLEN DAVID -2002 02-791 at 2:05PM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 994 CLIFTON HEIGHTS RD HUMMELSTOWN, PA 00000-0000 Sworn and subscribed to before me this 5TH day of MARCH, 2002 OTF~NOT~Y~ . So Answers, B~~She f ofDeputyDaUp'hinsC°Uneri , Pa. Sheriff's Costs: $35.25 PD 02/25/2002 RCPT NO 160561 MYLNEK In The Court of Common Pleas of Cumberland County, Pennsylvania ~usan L. Phillis. et al Glen David Finsterbush et al SERVE: Glen David finsterbush No. 02 791 civil l%lOW, February !5, 2002 , I, SHERIFF OF CUMBEKLAND COUNTY, PA, do hereby deputize the Sheriff of muphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 ,at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MII,EAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, pennsylvania ~usan L. Phillips et al VS. Glen David Finsterbush et al SERVE: Pennsy Supply, Inc. NO. 02 791 civil NOW, February !5, 2002 . , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of rauphJ_n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Co/mW, PA Affidavit of Service Now, ,20 , at o'clock ~ within M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of ,20m COSTS SERVICE MI1.EAGE AFFIDAVIT SUSAN L. PHILLIPS and, GERALD T. PHILLIPS Plaintiffs VS. GLEN DAVID FINSTERBUSH and PENNSY SUPPLY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-791 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE AND END Kindly mark the above action by Plaintiffs Susan L. Phillips and Gerald T. Phillips settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS & ERB Date: / I By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss and Erb, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, postage prepaid, as follows: Pennsy Supply, Inc. 1001 Paxton Street Harrisburg, PA 17109 Glen David Finsterbush 994 Clifton Heights Road Hummelstown, PA 17036 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: May 9, 2002 By Andrew C. Spears