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HomeMy WebLinkAbout13-5374 Supreme Court•of Pennsylvania t P Cou of Coom ' on Pleas For Prothonotar Use Only: OM" C�o�vE�, ��'�eet F 'f Docket No: LAND .: -fir'! County CUMBER , s r . 13 v The information collected on this fibrin is used solely,for court administration purposes. This form does not supplement or replace the filing and service bfpleadings or other papers as required by Icnv or rules of court. Commencement of Action: S ❑ Complaint 9 Writ of Summons F1 Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Robert A. Smyser Steven Bloser, in his capacity as Administrator of the Estate of Benjamin Bloser, Deceased ll ❑ Check here if you are a Self - Represented (Pro Se) Litigant U Name of Plaintiff /Appellant's Attorney: Leslie M. Fields, Esquire N Dollar Amount Requested: within arbitration limits Are money damages requested? : ❑X Yes ❑ No (Check one) X outside arbitration limits A Is this a Class Action Suit? ❑ Yes ❑x No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑x Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include El Statutory Appeal: Other mass tort) Employment Dispute: E Discrimination ❑ Slander/Libel/ Defamation ❑ Employment Dispute: Other C ❑ Other: Judicial Appeals T ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: 2/2010 Pa.R.C.P. 205.5 ROBERT A. SMYSER IN THE COURT OF COMMON PLEAS 58 Irish Gap Road, Newville, PA 17241 : CUMBERLAND COUNTY, PENN S LVANIA Plaintiffs V. No.: 19 ' ,S3 7 L/ [. ,1i STEVEN BLOSER, in his capacity as Administrator of the Estate of Benjamin Bloser, Deceased : 43 W. South St., Carlisle, PA 17013 RICHARD STEWART, in his capacity as Administrator of the Estate of Natasha Haulman, Deceased C� 301 Market St., Lemoyne, PA 17043 CIVIL ACTION - LAW Defendants :JURY TRIAL DEMANDED "© `" �.. rn r PRAECIPE FOR WRIT OF SUMMONS - —0 TO THE PROTHONOTARY /CLERK OF SAID COURT: A Issue summons in the above case. Writ of Summons shall be issued and returned to the undersigned. Date: 2 - 0 /3 Leslie M. Fie s, Esquire I. D. # 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. 0. Box 222 Lemoyne, PA 17043 Phone: (717) 761 -2121 Attorney for Plaintiffs �VA WRIT OF SUMMONS TO: THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS COMMENCED AN ACTION AGAINST You Dated: ' `"� Prothonotary, Clerk, Civil Division Deputy r COSTOPOULOS, FOSTER & FIELDS iw{ ,1A¢� - i,1. By: Leslie M. Fields, Esquire COUNTY Attorney I.D. No.: 29411 PENNSYLVANIA 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: Ifields(a�costopoulos.com ROBERT A. SMYSER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 13-5374 Civil STEVEN BLOSER, in his capacity as • Administrator of the Estate of • Benjamin Bloser, Deceased and • RICHARD STEWART, in his capacity as • Administrator of the Estate of Natasha Haulman, Deceased, • : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 32 South Bedford Street Carlisle, PA 17103 Phone: (717) 249-3166 or(800) 990-9108 ROBERT A. SMYSER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 13-5374 Civil • STEVEN BLOSER, in his capacity as Administrator of the Estate of Benjamin Bloser, Deceased • and • RICHARD STEWART, in his capacity as • Administrator of the Estate of Natasha Haulman, Deceased, • •• CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Robert A. Smyser, by and through his attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER& FIELDS, and respectfully represents as follows in support of this Complaint: Parties 1. Plaintiff; Robert A. Smyser, is an adult individual residing at 37 Hathaway Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Steven Bloser, is an adult individual and the Administrator of the Estate of Benjamin Bloser, Decedent, residing at 150 Barnstable Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant, Richard Stewart, is an adult individual and the Administrator of the Estate of Natasha Haulman, Deceased, whose business address is 301 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. -1- Material Allegations of Fact 4. The events giving rise to this cause of action occurred at or about 6:02 a.m. on or about September 21, 2011 on West Pine Street (approximately 1.5 miles west of Mount Holly Springs) in South Middleton Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Defendant, Natasha Haulman, was operating a 2005 Volkswagen GTI automobile owned by Martina J. Bloser and entrusted to Ms. Haulman by Defendant, Benjamin Bloser, Ms. Bloser's adult son who was authorized to operate the vehicle and who was the right front passenger. 6. Also in the aforesaid vehicle were Plaintiff, Robert A. Smyser, who was the right rear passenger, and Sadie L. McKeehan, who was the left rear passenger. 7. At the aforesaid time and place, Defendant Haulman was operating the aforesaid vehicle and traveling west on West Pine Street at an extremely high rate of speed when she encountered a left curve in the roadway, failed to react to the curving roadway, and exited the north edge of the roadway where the right side of the vehicle impacted a tree, thereby causing the injuries and damages giving rise to this cause of action. 8. Defendant Haulman and Defendant Bloser were both pronounced dead at the scene by the Cumberland County Coroner; Plaintiff, Robert A. Smyser, and Ms. McKeehan were both taken by ambulance to the Hershey Medical Center for treatment and care of their respective serious injuries. 2 Count I Plaintiff v. Defendant Estate of Haulman—Negligence 9. The averments set forth in paragraphs 1 through 8 above are incorporated herein by reference as if set forth in full. 10. At the aforesaid time and place, the collision, injuries and damages resulting therefrom to the Plaintiff, Robert A. Smyser, were caused by the negligence, carelessness and/or recklessness of Defendant, Natasha Haulman, in that she: a) operated the aforesaid vehicle at an extremely high rate of speed , well in excess of the posted speed limit of 35 miles per hour in the area; b) violated Section 3362 of the Pennsylvania Motor Vehicle Code on "Maximum speed limits", 75 Pa.C.S. § 3362, and thus is negligent per se; c) operated the vehicle too fast for conditions; d) operated the vehicle in careless disregard of the safety of persons and property, including the Plaintiff, e) failed to maintain the vehicle under proper and lawful control; g) failed to keep a proper lookout; h) failed to pay sufficient attention to the roadway; i) failed to see what she should have seen; j) failed to notice the imminence of an accident and take the necessary steps to avoid it; and 3 k) acted without due regard for the safety and rights of her passengers, including the Plaintiff 11. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Natasha Haulman, the Plaintiff, Robert A. Smyser, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) right frontal intraparenchymal hemorrhage; b) severe concussion followed by post-concussive symptoms, hes; c) right clavicle fracture; d) left pneumothorax; e) left calcaneus avulsion fracture; 1) tarsal navicular fracture; g) left forearm fracture and/or laceration; h) left heel laceration; i) facial lacerations with arterial bleeding; j) grade 1 right renal laceration; and k) right pulmonary contusion. 12. As a further direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Natasha Haulman, the Plaintiff, Robert A. Smyser„ has been and will continue to be obligated to receive and undergo medical attention, care and 4 expenses for the injuries he has suffered; Plaintiff has suffered and will continue to suffer medically determinable physical impairments which prevent him from performing all the normal acts and duties which constitute his usual and customary daily activities; Plaintiff has experienced and will continue to experience a loss of earnings and/or a loss of earnings capacity; Plaintiff has experienced and will continue to experience severe pain and suffering, mental anguish and humiliation; Plaintiff has suffered and will continue to suffer permanent scarring and disfigurement; Plaintiff has suffered and will continue to suffer a loss of life's pleasures; and Plaintiff has incurred and will continue to incur certain incidental costs and expenses. Count II Plaintiff v. Defendant Estate of Bloser—Negligent Entrustment 13. The averments set forth in paragraphs 1 through 12 above are incorporated herein by reference as if set forth in full. 14. At all relevant times herein, the aforesaid vehicle was entrusted to Defendant, Natasha Haulman, by the Defendant, Benjamin Bloser, to whom the vehicle had been entrusted by its owner, Martina J. Bloser, his mother, and who had been authorized by her to drive the vehicle. 15. At all relevant times herein, Defendant, Natasha Haulman, operated and exercised control of the aforesaid vehicle with the express and/or implied permission of Defendant, Benjamin Bloser. 5 16. At the aforesaid time and place, the collision, injuries and damages resulting therefrom were caused by the negligent actions of Defendant, Benjamin Bloser, in that he negligently entrusted the aforesaid vehicle to Defendant, Natasha Haulman, whom he knew, or in the exercise of ordinary care, should have known was too inexperienced, immature, incompetent, careless and/or reckless to safely and properly operate it. 17. The negligent conduct of Defendant, Benjamin Bloser, was a substantial factor in causing the damages and injuries to Plaintiff, Robert A. Smyser, as alleged in detail above. 18. As a direct and proximate result of the negligent actions of the Defendant, Benjamin Bloser, the Plaintiff, Robert A. Smyser, has suffered the injuries and damages set forth in paragraphs 11 and 12 above, which averments are incorporated herein by reference as if set forth in full. 6 Prayer for Relief WHEREFORE, Plaintiff, Robert A. Smyser, based on the foregoing allegations, hereby demands that judgment be entered in his favor and against Defendants, Steven Bloser, in his capacity as Administrator of the Estate of Benjamin Bloser, Deceased, and Richard Stewart, in his capacity as Administrator of the Estate of Natasha Haulman, Deceased,jointly and severally, in an amount in excess of the compulsory arbitration limits. RESPECTFULLY SUBMITTED: -XX • rot Leslie \i . Fields, Esquire PA I.D. No. 29411 COSTOPOULOS, FOSTER& FIELDS 831 Market Street/P. O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: LFields @Costopoulos.com Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFF DATED: December /6, , 2013. 7 VERIFICATION I,Plaintiff,Robert A. Smyser,do hereby verify that the averments of fact made in the foregoing document are true and correct to the best of my personal knowledge and/or information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. By: PJ4 5M4 Robert A. Smyser DATED: December i‘ , 2013. 8 1' PTO LAW OFFICE OF SNYDER & DORER 4 '�� NO 214 Senate Avenue, Suite 600 ' Camp Hill, PA 17011 � Telephone Attorneys for Defendant,R chard Stewart 'E ,ws y/ ���� #� }' in His Capcity as Administrator of the Estate �YJ,c� of Natasha Haulman, Deceased ROBERT A. S,MYSER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. STEVEN BLOSER, IN HIS CAPACITY AS ADMINISTRATOR OF THE ESTATE OF NO. 13-5374 BENJAMIN BLOSER, DECEASED AND RICHARD STEWART IN HIS CAPACITY AS ADMINISTRATOR OF THE ESTATE CIVIL ACTION - LAW OF NATASHA HAULMAN, DECEASED, JURY TRIAL DEMANDED DEFENDANTS ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Richard Stewart in His Capacity as Administrator of the Estate of Natasha Haulman, Deceased. The Defendant reserves the right to otherwise plead in this matter. Respectfully su mitted, O F7f F SNYDER - DORER Date: February 11, 2014 Donald R.-D6-re-r, Esquire Attorney for Defendant, Richard Stewart in His Capacity as Administrator of the Estate of Natasha Haulman, Deceased Court I.D. No. 39126 14-002957 LAW OFFICE OF SNYDER& DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011. Telephone Number: (717) 731-0988 Attorneys for Defendant, Richard Stewart in His Capcity as Administrator of the Estate of Natasha Haulman, Deceased ROBERT A. SMYSER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. STEVEN BLOSER, IN HIS CAPACITY AS ADMINISTRATOR OF THE ESTATE OF NO. 13-5374 BENJAMIN BLOSER, DECEASED AND RICHARD STEWART IN HIS CAPACITY AS ADMINISTRATOR OF THE ESTATE CIVIL ACTION - LAW OF NATASHA HAULMAN, DECEASED, JURY TRIAL DEMANDED DEFENDANTS CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Richard Stewart in His Capacity as Administrator of the Estate of Natasha Haulman, Deceased herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 Attorney for Plaintiff v , and Steven Bloser 150 Barnstable Road Carlisle, PA 17015 Date: February 11, 2014 Donald R. Dorer, Esquire Attorney for Defendant, Richard Stewart in His Capacity as Administrator of the Estate of Natasha Haulman, Deceased Court I.D. No. 39126 COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire Attorney I.D. No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 -0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: Ifields @costopoulos.com ROBERT A. SMYSER, Plaintiff v. STEVEN BLOSER, in his capacity as Administrator of the Estate of Benjamin Bloser, Deceased and RICHARD STEWART, in his capacity as Administrator of the Estate of Natasha Haulman, Deceased, Defendants Uiltr lily' 23 Pi"i 2: P ,id`, ND /pa; r?, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 13 -5374 Civil : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above - captioned action settled and discontinued. Thank you. Respectfully submitted, Leslie ' . Fields, Esquire I.D. No.: 29411 CO OPOULOS, FOSTER & FIELDS 831 Market Street, P.O. Box 222 Lemoyne, PA 17043 -0222 Phone: (717) 761 -2121 Attorney for Plaintiff Date: April 22, 2014 CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, of Costopoulos, Foster & Fields, do hereby certify on this 22nd day of April, 2014, a true and correct copy of the foregoing Praecipe to Settle and Discontinue was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre -Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and /or number(s): Rolf E. Kroll, Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Donald R. Dorer, Esquire 214 Senate Avenue Camp Hill, PA 17011 Richard W. Stewart, Esquire JOHNSON DUFFIE STEWART & WEIDNER, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 -0109 BY: COSTOPOULOS, FOSTER & FIELDS Leslie . Fields