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HomeMy WebLinkAbout05-0762ANDREW J. SODERSTROM, JR., Plaintiff V. WERNER ENTERPRISES and JOHN M. PRITCHARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ©S - '7Y-;?, l:w"c ??wl CIVIL ACTION - LAW JURY TRIAL DEMANDED 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 Telephone No. (717) 249-3166 -1- NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial to plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted no se defiende, la corte tomatara medidas y puede entrar una orden contra usted sin previo aviso o notifcacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O Sl NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 Telephone No. (717) 249-3166 Respectfully Submitted, 8s KAYLURI, P.C. Date: d By: -2- Archie V. Div lia, sq Attorney I. D. ''1 0 Two Lincoln W y est New Oxford, PA 7,350 (717) 624-2500 Attorney for Plaintiff ANDREW J. SODERSTROM, JR., Plaintiff Vi. WERNER ENTERPRISES and JOHN M. PRITCHARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT ?_ day of February, 2005, comes the Plaintiff, Andrew J. AND NOW this C Soderstrom, Jr., by and through his counsel, DIVEGLIA & KAYLOR, P.C., who files the following Complaint on his behalf and avers in support thereof as follows: 1. Plaintiff, Andrew J. Soderstrom, Jr., is an adult individual who resides at 1 Yates Street, Mt. Holly Springs, PA 17065. 2. Defendant, Werner Enterprises, is a non-Pennsylvania business involved in the transportation of motor vehicles registered with U.S. Department of Transportation and has an address of 14507 Frontier Road, Omaha, Nebraska 68138. 3. The Defendant, John M. Pritchard, is an adult individual residing at 1663 Thomas Lane, Hanover, York County, Pennsylvania 17331. 4. At all times herein described, Defendant Pritchard was operating a tractor-trailer of Defendant Werner Enterprises, in furtherance of its business and within the scope of his employment. -3- 5. On January 16, 2004, at approximately 1:45 p.m., Plaintiff was operating his 1991 Dodge Coup at the intersection of South Hanover Street and Rolling Drive. 6. At the above said time and place the Defendant Pritchard was operating the Defendant Werner Enterprises tractor-trailer and failed to observe traffic conditions thereby hitting another tractor trailer in the rear which in turn struck a car which struck Plaintiff's vehicle. 7. The Plaintiff's injuries consisted of a C 5-6 fracture, fourth rib fracture on left, multiple facial fractures and intracranial hemorrhage at his left frontal lobe, which caused cognitive deficiencies and spatial problems. 8. As a result of the described collision, Plaintiff has incurred to date claimable medical expenses of $76,887.57 with future medical expenses possible. 9. As a result of the collision injuries, Plaintiff has incurred claimable loss of earnings of $2,281.70. 10. As a result of the above-described accident and injuries, Plaintiff has incurred disability from the date of the accident to February 22, 2004. 11. As a result of his injuries, Plaintiff has incurred memory loss and confusion and continues to suffer the same, to a lesser degree. 12. As a result of the above-described accident and resulting injuries, Plaintiff has incurred significant pain, discomfort and extreme mental distress as it relates to his pain and economic situation caused by his disability from the motor vehicle accident and his loss of memory. -4- 13, It is unknown at present whether Plaintiff's condition will remain permanent or whether he will continue to incur limitations as described above into the foreseeable future. COUNT I ANDREW J. SODERSTROM, JR. v. JOHN M. PRITCHARD Paragraphs 1-13 are incorporated herein and made a part hereof. 14. The above-described accident, injuries and losses are the result of the negligence of the Defendant, John M. Pritchard, whose negligence consisted of the following: a. He was driving at an excessive rate of speed under the circumstances. b. He failed to properly observe the roadway ahead to notice that there were stopped vehicles ahead. c. He failed to maintain a safe distance from the vehicle in front of him and thus violated the assured clear distance ahead rule of the Commonwealth of Pennsylvania. d. He failed to be attentive and to operate the tractor-trailer in a prudent manner. -5- WHEREFORE, Plaintiff, Andrew J. Soderstrom, Jr., demands judgment against the Defendant, John M. Pritchard, for a sum in excess of $50,000.00 together with interest and costs. COUNT II ANDREW J. SODERSTROM, JR. v. WERNER Paragraphs 1-14 are incorporated herein and made a part hereof. 15. The Defendant, Werner Enterprises, is liable for the injuries, losses and damages claimed because Defendant, John M. Pritchard, was in the course of his employment and thus the Defendant, Werner Enterprises, is liable under the doctrine of respondeat superior. WHEREFORE, Plaintiff, Andrew J. Soderstrom, Jr., demands judgment against the Defendant, Werner Enterprises, for a sum in excess of $50,000.00 together with interest and costs. Respectfully Submitted, .C. Date: By: Arcfi V. Diveg a, gs? Attorney I.D. # 7 40 Two Lincoln ay("t New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff -6- VERIFICATION The foregoing COMPLAINT is based upon the information which has been gathered by my counsel in the preparation of the lawsuit. I have read the COMPLAINT to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date Andrew J. Sod strom, Jr. -7- C? cn ? to ANDREW J. SODERSTROM, JR., Plaintiff V. WERNER ENTERPRISES and JOHN M. PRITCHARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-762 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Archie V. Diveglia, hereby certify the Complaint in the above matter was served on February 23, 2005, by first class Certified Mail #7003 1010 0000 6661 3664 (certified mail receipt attached), postage prepaid and addressed to the following pursuant to Pa. R.C.P. 1920.4: Werner Enterprises 14507 Frontier Road Omaha, Nebraska 68138 3 -Z-ar By: Diveglia & Kaylor,P.C. Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attachment 1 ., .? ::: ' 4,3 ?? 'va ...... Gl ¦ Complete items 1, 2, and 3. Also complete item '4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Werner Enterprises 14507 Frontier Road Omaha, Nebraska 68138 2. Article Number (transfer from service label) Ps Form 3811, March 2001 A. mete ved by (P asp Prirft ppClearly) B. Date of Delivery ? La :1 t? C. Signature X ? Agent ? Addressee D. Is delivery address different from item 1? ? Yes It YES, enter delivery address below; ? No 3. SS Type tE certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 7003 1010 0000 6661 3664 Domestic Return Receipt 102595-e1-M-1424 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and ZIP+4 in this box Diveglia & Kaylor, P.C. Two Lincoln Way West New Oxford, PA 17350 First-Class Mail Postage & Fees Paid USPS Permit No G-10 f,..iri:,,r'„1{ut,i:is.e.:i,i1r (in:rll.a.ii ..;,,i t.1, l.1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SODERSTROM ANDREW J JR VS WERNER ENTERPRISES 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: PRITCHARD JOHN M but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 28th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 70.68 Postage .37 108.05 04/28/2005 DIVEGLIA & KAYLOR Sworn and subscribed to before me So answers.--- R.`Thomas Kline Sheriff of Cumberland County this JvxA day of LfYY A.D. ,s z) Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF 4S N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LANE 1 THRU 12 DO NOT DETACH ANY COPIES Andrew J. Soderstrom Jr 3. DEFENDANTIS/ Werner Enterprises et al SERVE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION John M. Pritchard 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO. CITY, BORO. TWP_ TATE AT over, PA 17331 A&1" 7. INDICATE SERVICE. a PERSONAL U PERSON IN CHARGE DEPUTIZE CE T. L NOW February 15 20 05 I, SHERIFF OF COI York COUNTY to execute this, to law. This deputization being made at the request and risk of the plaintiff. ATTACHED, OR SOLD U 1ST CLASS MAIL U POSTED U OTHER NTY, PA, do hereby deputize the sheriff of Wr*andmake returnp according ' 9. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Curriberland o-6 C d U-? ?e rr Please mail return of service to Curnberland County Sheriff. Thank you. CU s o ('Ouav p-d Kim Ob NOTE: ONLY APPLICABLE ON WRIT OF EXtFUTION: N.9. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is lmrid in possession, alter notifying Person of levy or attachment. without liability on the part at such deputy oi the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE _ 10. TELEPHONE NUMBER I I. DATE FILED L?- fvr. J LIn(C)nWIu; W must be completed it notice is to Q . S. I w'I N I acknowledge receipt of the wr or complaint as indicated above. i HO RVED'. PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17 1 hereby cerby, and return a NOT FOUND because I am unable to locate the iftindual, company, etc. named above. (See remarks below.) 1B. NKME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale of Service 20 Time of Service 21 . ATTEMPTSI =// I Ime I Miles I I Date I Time Mist. I Dg1te I /: IY fiMiles I Int; Dale Time Miles I Int. I Date I Time `Miles I InL I Dale Time I Miles I Int 22. REMARKS: / _ vY1 o u e d Lra-?- fLp? ,-? vZJ r P t /)21 _ Q /') L?'/) C- 23. poWrke Costs 24 Service Costs 1 ? 25 N!F .1 , \ 26.}Aile 27. Postage 26. Su?otal p ? 29. Pound 30. No 71. SurUg. - (s ? Se O 34. Forstgn Cou nty Costs 35 5 A dvance Co t s 36 Service Cost s 37. Notary en C 1 36. MYeage/Postage/Not Found 3 11th So ANSWERS 41. AFFIRMED and subscribed to before me this 42. day 44. Signature of Dep. Sheriff MELI SAJ P,FFCR No u /ti 1111 oT R 46. Signatureof Yofk C"y o v -. 'r? a Count M cort,- .- Y County Sheep WILLIAM M. HOSE _ - - -?.?Apn, 20 66 ?/ Forego 49. ty Count' Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETl1RN SIGNATURE Notice & COITRJlaint . Costs 33 Costs Due3NNyr Costs 40. Costs Due or 45.DATE 47 CAt 11't--- T DATE 51. DATE RECEIVED 1. WHITE- Isswng Authority 2. PINK - Attorney 3. CANARY - Shedms Off. 4. BLUE - She s Oarz COL-TY,.1F YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I PLAINTIFF/S/ 3. DEFENDANTISI SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2. COURTNUMBER rg /. TYPE OF WRIT OR COMPLAINT SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TORE LEVIED, ATTACHED, OR SOLD y 6 ADDRESS (STREET OR Rf0 VNTH BOX NUMBER, APT NO CITY, SORO, TWP STATE AND ZIP CODE) AT 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE '. DEPUTIZE CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER E1 - NOW 20 1, SHERIFF OF - COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Wrijaltd make return thr1E{$ccording tq law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF VOW COUNTY a. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT HALL ASSIST IN EXPEDITING SERVICE. -., Y a,... NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy or the sherM to any plaintiff } herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). A. SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WWM BELOW THIS LINE 13. 1 acknowledge receipt of the wnt 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above 16. HOW SERVED'. PERSONAL( ) RESIDENCE ( ) POSTED( I POE ( ) SHERIFF'S OFFICE( ) OTHER ( ) SEE REMARKS BELOW 17. ?5 1 hereby certify and refurn a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED /LAST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale o1 Service 20 . Time of Service 21 Int.' Dale I Time ]Miles I Int. Pale 23. Advance Costs 24. Serv ice Costs 25. N/F 26..Mileage 27. Posnage 28. Sub Tot ip}t M. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert 41. AFFIRMED and subscribed to before me this 44. Signature of q 42. day of .20 _-43. Dep. SheriR FROTHY / NOTARY Miles I Int. 1 Date I Time Int finery 1 31. Surchg. (32 TolCosts 11 Costs Due or Relund Check NO Jot Found 39. Total Costs 40 Costs Due or Refund County Sheriff 48. Signature of Foreign County Sheri 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE 51 Di OF AUFUO .-.1CC VINO rViryORIT' AMO TITLE 45 DATE 47 DATE f 49 DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's, Office 4. BLUE - Sherdfs Office Curtis R. Long Prothonotary office of the Protbonotarp 11 Renee K. Simpson Cumberfanb uCountp Deputy Prothonotary John E. Slike Solicitor DS' - 7-4ml - CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) pan-4c'71