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HomeMy WebLinkAbout05-1499 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O!; -/i.J?'i euJ'-r~ Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED BENJAMIN KALESA 105 Woody Lane Gloversville, NY 12078 : BRIDGESTONE/FIRESTONEAMERICASHOLDING, INC. : a/k/a BRIDGESTONE AMERICAS HOLDING, INC. c/o National Registered Agents, Inc. vs. 600 N. 2nd Street, Suite 500, Harrisburg, PA 17101 KATHY KALESA 105 Woody Lane Gloversville, NY 12078 : BRIDGESTONE/FIRESTONE, INC. : c/o National Registered Agents, Inc. : 600 N. 2nd Street, Suite 500, Harrisburg, PA 17101 : BRIDGESTONE/FIRESTONE NORTH AMERICAN TIRE, LLC : c/o National Registered Agents, Inc. : 600 N. 2nd Street, Suite 500, Harrisburg, PA 17101 : BRIDGESTONE INDUSTRIAL PRODUCTS AMERICA, INC. : c/o National Registered Agents, Inc. : 600 N. 2nd Street, Suite 500, Harrisburg, PA 17101 : BRIDGESTONE (U.S.A.), INC. : c/o National Registered Agents, Inc. : 600 N. 2nd Street, Suite 500, Harrisburg, PA 17101 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. W. Scott Hennino, Esouire Handler, Hennino & Rosenbero. LLP 1300 Linolestown Road Harrisburo. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No. 32298 ~ lL Writ of Summons Shall be issued and forwarded to ( )Attorney ( Date: March 18, 2005 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Date: (Yl ';),/u t ;( J ;;), d6S I by ( ) Check here if reverse is used for additional information PROTHON, - S5 Deputy (J ~ 7.::J "\1:- 0 tl ....> 8 Ii) 0 $ 0 <;; -n -- ~ '- CY .~ :;,; --:I -- -O.(};1 :J-""T1 rllf':, ~ Tn-:=; }-J ~ ~ ~i~"' _oFt-> - N :,Uy 0' 0; - 0(-.) t r;:;(, ::;1-\-, ~ )"C -0 ~?},~ ~ _/. i :;;>; '~C~t 5"c <f! :dt -;--? -> 3. N ~ ~ \D SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KALESA BENJAMIN ET AL VS BRIDGES TONE/FIRESTONE ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent sear hand , Sheriff or Deputy Sheriff who eing and inquiry for the within named DEFENDANT , to wit: BRIDGES TONE/FIRESTONE AMERICAS HOLDING INC AKA BRIDGESTONE AM but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS On April in his bailiwick. He therefo e County, pennsylvan'a, to 1st , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co Postage 18,00 9,00 10,00 50.25 ,74 87,99 04/01/2005 HANDLER HENNING Sworn and subscribed to before me this i day of c;;? 0<'-' .I-A. D. tJ.~.:... '1Y1~.~ - Jb'T- Prothonottlry ~ I? 121:.i!.. I .. So answers: _ /,,-? ;~ .~~~~~~.:-:::::" R. -Thomas Kline Sheriff of Cumberland County ,,..;? ROSENBERG SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KALESA BENJAMIN ET AL VS BRIDGESTONE/FIRESTONE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT , to wit: BRIDGESTONE/FIRESTONE INC but was unable to locate Them in his bailiwick, He therefo deputized the sheriff of DAUPHIN County, pennsylvan' , to serve the within WRIT OF SUMMONS On April 1st , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 ,00 10.00 ,00 .00 16.00 04/01/2005 HANDLER HENNING So answe~~ _/_/ .~ ,0/ r' .4-' ':---./ /.."".;-"- - "----' R. Thomas Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KALESA BENJAMIN ET AL VS BRIDGES TONE/FIRESTONE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT , to wit: BRIDGES TONE/FIRESTONE NORTH AMERICAN TIRE LLC but was unable to locate Them in his bailiwick. He therefOII= deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within WRIT OF SUMMONS On April 1st , 2005 , this office was in receipt of he attached return from DAUPHIN 6,00 .00 10.00 .00 ,00 16.00 04/01/2005 HANDLER HENNING So answers :_,_ ~;... ... Sheriff's Costs: Docketing Out of County Surcharge / ;;(~/~~(' -<:> R, Thomas Kline Sheriff of Cumberland County [... ROSENBERG Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KALESA BENJAMIN ET AL VS BRIDGESTONE/FIRESTONE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT , to wit: BRIDGES TONE INDUSTRIAL PRODUCTS AMERICA INC but was unable to locate Them in his bailiwick. He therefole deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within WRIT OF SUMMONS On April 1st , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6,00 .00 10.00 ,00 .00 16.00 04/01/2005 HANDLER HENNING So answers: - L/ c...___:-; /;;:k.';/P'~/' ..z:::~~ -("" ../ R, Thomas Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KALESA BENJAMIN ET AL VS BRIDGES TONE/FIRESTONE ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT , to wit: BRIDGESTONE USA INC but was unable to locate Them in his bailiwick, He therefo e deputized the sheriff of DAUPHIN County, pennsylvan'a, to serve the within WRIT OF SUMMONS On April 1st , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 ,00 ,00 16.00 04/01/2005 HANDLER HENNING So answers,;"': -<'^") ,--' ., /'.-:' ~,--=,-""""-'~-~~,......:.,,...- ~." >::. ~~ ~,L.---r'-~.../;:::::''';''--~- . R. homas Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this day of A.D. Prothonotary s The Court of Common Pleas of Cumberland County, Penn srlvania Benj anin Kalesa et al vs. s Holding I Bridgestone/Firestone Americas Holding Inc aka Bridgestone America ERVE: N 05-1499 civil same o. OW, March 23, 2005 , I, SHERIFF OF CUMBERLAND COUNTY PA,do reby deputize the Sheriff of Dauphin County to execute this iT rit, this , putation being made at the request and risk of the Plaintiff. ~p?'-J~~ Sheriff ofCurnberland County, P Affidavit of Service w, ,20 _,at o'clock M. s rved the thin , on , handing to copy of the original d made known to the contents th reof. So answers, Sheriff of C unty, PA COSTS om and subscribed before SERVICE $ this _ day of ,20_ MILEAGE AFFIDAVIT $ nc et I In N he de No WI up at by a an Sw me I n The Court of Common Pleas of Cumberland County, Penns lvania Benj anin Kalesa et al VS. BridgestoneJFirestone Americas HOlding Inc aka Bridgestone Americas Holding I ERVE: BridgestoneJFirestone rnc No. 05-1499 civil OW, March 13 . 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA,do reby deputize the Sheriff of Dau~in County to execute this \ rit, this putation being made at the request and risk of the Plaintiff. ~~.~<~ Sheriff of Cum berland County, P A Affidavit of Service OW, ,20-, at 0' clock M. sel ved the ithin on " handing to " copy of the original d rnade known to the contents ther of So answers, Sheriff of Cot ty,PA COSTS om and subscribed before SERVICE $ this _ day of ,20_ MILEAGE AFFIDAVIT $ nc et , 5 N he de N w up at by a an Sw me n The Court of Common Pleas of Cumberland County, Penns 'lvania Benj anin Kalesa et al vs. BridgestoneJFirestone Americas Holding Inc,aka Bridgestone Americas Holding Inc et , SERVE: BridgestoneJFirestone North American Tire ~. 05-1499 civil OW, March ,23" 2005 , I, SHERIFF OF CUMBERLAND COUNTY PA, do ereby deputize the Sheriff of Dauphin County to execute this' rit, this putation being made at the request and risk of the Plaintiff. r~~-'t!.-r-~ SheriffofCumberlandCoun~,PA Affidavit ofSemce ow, ,20 , at 0' clock M. se "ed the ithin on .. handing to copy of the original d made known to the contents ther of. So ariswers, Sheriff of Co ~,PA COSTS om and subscribed before SERVlCE $ this _ day of ,20_ lVlILEAGE AFFIDAVlT $ I N h de N w up at by a an Sw me N n The Court of Common Pleas of Cumberland County, PenDS lvania Benjanin Kalesa et al vs. ' fIolding I Bridgestone/Firestone Americas Holding Inc, aka Bridgestone Americas SERVE: Bridgestone Industrial Products America In~o. 05-1499 civil ow, March ,23, 2005 , I, SHERIFF OF CUM:BERLAND COUNTY, PA,do ereby deputize the Sheriff of Dauphin County to execute this 'i rit, this putation being made at the request and risk of the Plaintiff. r~~--/-~ Sheriff of Cum berland County, P A Affidavit of Service ow, ,20 _,at o'clock M. se "ed the ithin on .. handing to , copy of the original d made knoVlll to the contents ther of. So answers, , Sheriff of Co n ty,PA COSTS om and subscribed before SERVICE $ this _ day of ,20 MILEAGE - AFFIDAVIT $ nc et , . I h de N w up at by a an Sw me n The Court of Common Pleas of Cumberland County, Penns IvaIiia Benjamin Kalesa et al vs. ' BridgestoneJFirestone Americas Holding rnc aka Bridgestone Americas Holding rnc et , ERVE: Bridgestone (USA) Inc No. 05-1499 civil OW, March ,23. 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA,do reby deputize the Sheriff of Dauphin County to execute this 'I rit, this putation being made at the request and risk of the Plaintiff, r~~~~ Sheriff of Cum berland County, P A Affidavit of$ervice ow, ,20 _,at o'clock M. se' 'ed the 'thin on , . handing to copy of the original d made known to the contents ther of. So answers, Sheriff of Co ty,PA COSTS , om and subscribed before SERVICE $ this _ day of ,20_ :MILEAGE AFFIDAVIT $ . I S N he de N WI up at by a an Sw me @iiite of tlre ~1re~iff William T. Tully Solicitor J. Daniel asile Chief De uty Mary Jane Snyder Real Estate Deputy Michael W. inehart Assistant Chie Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255,2660 tax: (717) 255,2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KALESA BENJAMIN ET AL vs County of Dauphin BRIDGES TONE FIRESTONE AMERICAN HO ING Sheriff's Return No. 0532 -T - -2005 OTHER COUNTY NO, 05-1499 AND NOW:March 25, 2005 at 11: 50AM served the wi thin WRIT OF SUMMONS upon BRIDGES TONE FIRESTONE AMERICAN HOLDING by personally handing INC A/K/A BRIDGES TONE AMERICAN HOLDING I to RICHARD CHARBONNIER MANAGER 1 true attested copy ies} of the original WRIT OF SUMMONS and maki g known to him/her the contents thereof at C/O NATIONAL REGISTERED AGENTS INC 600 NORTH 2ND STREET STE 500 HARRISBURG, PA 17101-0000 Sworn and subscribed to So Answers I Jf~ before me this 29TH day of MARCH, 2005 Sheriff of Dauphin County, Pa ~~~/ By 03/ 5/2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 Sheriff's TH @ffb:e of ~~ ~4~:riff William T. Tully Solicitor J. Daniel B sile ChiefDep Mary Jane Snyder Re<1l Estate Deputy Michael W, nehart Assistant Chief cputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KALESA BENJAMIN ET AL vs County of Dauphin BRIDGES TONE FIRESTONE AMERICAN HOL ING Sheriff's Return No, 0532-T - -200S OTHER COUNTY NO. 05-1499 AND NOW:March 2S, 2005 at 11:50AM served the within WRIT OF SUMMONS upon BRIDGES TONE FIRESTONE INC by personally handing to RICHARD BURKE MANAGER 1 true attested copy ies) of the original WRIT OF SUMMONS and maki 9 known to him/her the contents thereof at C/O NATIONAL RIGISTERED AGENTS INC 600 NORTH 2ND STREET STE 500 HARRISBURG, PA 17101-0000 Sworn and subscribed to So Answers, JKc#L before me this 29TH day of MARCH, 200S Sheriff of Dauphin County, P _ ~&J By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 Deputy Sheriff's Costs:$SO.2S PD 03 25/200S RCPT NO 2052 2 TH @ffb:e of flrp ~4priff William T. Tully Solicitor J. Dani I Basile Chief cputy Mary Jane Snyder Real Estate Deputy Michael . Rinehart Assistant C icf Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255,2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KALESA BENJAMIN ET AL vs County of Dauphin BRIDGES TONE FIRESTONE AMERICAN HO ING Sheriff's Return No. 0532-T - -2005 OTHER COUNTY NO. 05-1499 AND NOW:March 25, 2005 at 11:50AM served the within WRIT OF SUMMONS upon BRIDGES TONE FIRESTONE NORTH AMERICAN LLC by personally handing to RICHARD BURKE MANAGER 1 true attested copy(i s) of the original WRIT OF SUMMONS and makin known to him/her the contents thereof at C/O NATIONAL REGISTERED AGENTS 600 NORTH 2ND STREET STE 500 HARRISBURG, PA 17101-0000 Sworn and subscribed to So Answers, JK~ before me this 29TH day of MARCH, 2005 Sheriff of Dauphin County, Pa, ~&J NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 BY~ /L-~~-^ Deputy Sherid' --- Sheriff's Costs:$50,25 PD 03/25/2 5 RePT NO 205222 TH @ffite of t4c ~1rcriff William T, Tully Solicitor J. Danie Basile Chief <puty Mary Jane Snyder Real Estate Deputy Michael W Rinehart Assistant Ch ef Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 lax: (7] 7) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KALESA BENJAMIN ET AL vs County of Dauphin BRIDGES TONE FIRESTONE AMERICAN HOL ING Sheriff's Return No. 0532-T - -2005 OTHER COUNTY NO. 05-1499 AND NOW:March 25, 2005 at 11:50AM served the within WRIT OF SUMMONS upon BRIDGESTONE INDUSTRIAL PRODUCTS AMERICAN by personally handing INC to RICHARD BAURKE MANAGER 1 true attested copy(i s) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at C/O NATIONAL REGISTERED AGENTS IN 600 NORTH 2ND STREET STE 500 HARRISBURG, PA 17101-0000 Sworn and subscribed to Jf~ before me this 29TH day of MARCH, 2005 Sheriff of Dauphin County, Pa, ~~AJ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Higl1spire, Dauphin County My Commission Expires Sept. 1,2006 BY~ J ~ Deputy~ Sheriff's Costs:$50.25 PD 03/25/20 5 RCPT NO 205222 TH ~ffb::~ of tlf1~ ~lrP:riff William T, Tully Solicitor J, Dani I Basile Chief eputy Mary Jane Snyder Real Estate Deputy Michael , Rinehart Assistant C ief Deputy Dauphin County Ramsburg, Pennsylvania 17101 ph: (717) 255,2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KALESA BENJAMIN ET AL vs County of Dauphin BRIDGES TONE FIRESTONE AMERICAN HO DING Sheriff's Return No. 0532-T - -2005 OTHER COUNTY NO. 05-1499 AND NOW:March 25, 2005 at 11:50AM served the within WRIT OF SUMMONS upon BRIDGES TONE USA INC by personally handing to RICHARD BURKE MANAGER 1 true attested copy(i of the original WRIT OF SUMMONS and makin known to him/her the contents thereof at C/O NATIONAL REGISTERED AGENTS I 600 NORTH 2ND STREET STE 500 HARRISBURG, PA 17101-0000 Sworn and subscribed to So Answers, :;f~ before me this 29TH day of MARCH, 2005 Sheriff of Dauphin County, Pa. ~~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspirc, Dauphin County My Commis:;:ion Expires Sept. 1, 2006 By ;Z~ d~.___ Deputy SherifF" - Sheriff's Costs:$50,25 PD 03/25/20 5 RCPT NO 205222 TH W, Scott Henning, Esquire 1.0.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plaintiff BENJAMIN KALESA, and KATHY KALESA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO: 05-1499 BRIDGESTONE/FIRESTONE AMERICAS HOLDING, INC. a/kia, BRIDGESTONE AMERICAS HOLDING, INC., BRIDGESTONE/FIRESTONE, INC., BRIDGESTONE/FIRESTONE NORTH AMERICA TIRE, LLC, BRIDGESTONE INDUSTRIAL PRODUCTS AMERICA, INC., BRIDGESTONE (U.S.A.), INC. CIVIL ACTION - LAW Defendants 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. 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, Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 A vIsa USTEO HA SIOO OEMANOAOO/A EN CORTE. Si usted desea delenderse de las demand as que se presenlan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Oemanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus delensas de, y objecciones a, las demand as presentadas aqui en contra suya. Se Ie advierte de que si usted lalla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un lalla por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demand ante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO ASU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 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 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Lawyer Referral Service 4th Floor, Cwnberland County Courthouse Carlisle, P A 17013 (717) 240-6200 By: F:\WP Directories\BSK\Complaints\Kalesa. Tire. wpd W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plaintiffs BENJAMIN KALESA, and KATHY KALESA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO: 05-1499 BRIDGESTONE/FIRESTONE AMERICAS HOLDING, INC. a/kia, BRIDGESTONE AMERICAS HOLDING, INC., BRIDGESTONE/FIRESTONE, INC., BRIDGESTONE/FIRESTONE NORTH AMERICA TIRE, LLC, BRIDGESTONE INDUSTRIAL PRODUCTS AMERICA, INC., BRIDGESTONE (U.S.A.), INC. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Benjamin Kalesa and Kathy Kalesa, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and make the within Complaint against the Defendants, Bridgestone/Firestone Americas Holding, Inc, a/kJa Bridgestone Americas Holding, Inc., Bridgestone/Firestone, Inc" Bridgestone/Firestone North American Tire, LLC, Bridgestone Industrial Products America, Inc" Bridgestone (U.S.A.), Inc., and in support thereof aver the following: 1. Plaintiffs, Benjamin Kalesa and Kathy Kalesa are competent adult individuals currently residing at 105 Woody Lane, Gloversville, New York 12078, 2. Defendant, Bridgestone/Firestone Americas Holding, Inc. a/kJa Bridgestone Americas Holding, Inc., is a corporation with an office located at 600 North 2nd Street, Suite 500, Harrisburg, Dauphin County, Pennsylvania 17101. 3, Defendant, Bridgestone/Firestone, Inc., is a corporation with an office located at 600 North 2nd Street, Suite 500, Harrisburg, Dauphin County, Pennsylvania 17101. 4. Defendant, Bridgestone/Firestone North American Tire, LLC, is a LLC with an office located at 600 North 2nd Street, Suite 500, Harrisburg, Dauphin County, Pennsylvania 17101. 5. Defendant, Bridgestone Industrial Products American, Inc" is a corporation with an office located at 600 North 2nd Street, Suite 500, Harrisburg, Dauphin County, Pennsylvania 17101, 6. Defendant, Bridgestone (U.S.A.), Inc., is a corporation with an office located at 600 North 2nd Street, Suite 500, Harrisburg, Dauphin County, Pennsylvania 17101. 7. On or about March 21,2003, Plaintiff, Benjamin Kalesa opened the back door of the sealed trailer which he was transporting and suddenly and without warning a tire(s) fell upon him, striking him on the neck and shoulder. -2- 8. As a direct and proximate result of the aforementioned tire falling, Plaintiff, Benjamin Kalesa, sustained serious and extensive injuries to his neck and shoulder, COUNT I - NEGLIGENCE BENJAMIN KALESA v. BRIDGESTONE/FIRESTONE AMERICAS HOLDING. INC. a/kla BRIDGESTONE AMERICAS HOLDING INC. 9. Paragraphs 1 through 8 are incorporated herein as if fully set forth. 10, The sealed trailer Plaintiff was hauling contained product owned by the Defendants and was a trailer loaded by the Defendants, by and through its employees, agents or representatives. The Defendants were responsible for making certain that the load of tires was properly secured, 11. The occurrence of the aforesaid tire falling and the resultant injuries to Plaintiff, Benjamin Kalesa, were caused directly and proximately by the negligence of Defendant, Bridgestone/Firestone Americas Holding, Inc. a/k/a Bridgestone Americas Holding, Inc. and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a, In causing or permitting an inadequately secured tire(s) to be loaded and to remain in the trailer, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully opening the trailer; b, In causing or permitting to be present an inadequately secured tire(s) to remain when Defendant knew or should have known that the likelihood that the inadequately secured tire(s) could be a hazard to individuals as they open the trailer; -3- c. In failing to make a reasonable inspection of said trailer which would have revealed the existence of the dangerous condition posed by the inadequately secured tire(s), and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; d. In failing to ensure the cargo area of the said trailer was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully opening the trailer; e. In failing to post a warning sign or device in the area to notify of the dangerous condition posed by the inadequately secured tire(s) in the trailer; f. In failing to remove or remedy the inadequately secured tire(s) in the said trailer so as to avoid the situation in which the Plaintiff was injured; g. In loading or permitting to remain an inadequately secured tire(s) that could fall out of the trailer when the doors were opened, thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; h. In failing to follow proper securement procedures whereby the aforementioned tire(s) would be restrained and unable to fall from back of said trailer thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; i. In failing to fasten the tire(s) in the trailer so as to prevent them from becoming loose and/or detached in violation of 75 Pa, C.SA 94903. j, In failing to adequately protect against shifting and falling cargo in violation of 49 C.F,R. 9 393.100 et seq, -4- 12. Defendant, Bridgestone/Firestone Americas Holding, Inc. a/k/a Bridgestone Americas Holding, Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that there were inadequately secured tire(s) in said trailer which Plaintiff, Benjamin Kalesa, opened and was injured as a result. 13, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, sustained severe injuries, including, but not limited to, neck and shoulder injuries, which resulted in the need for cervical spine surgery. 14. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Benjamin Kalesa has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss, 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity, 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss, 17, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. -5- 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 19. Plaintiff, Benjamin Kalesa, believes and, therefore avers that his injuries are permanent in nature, WHEREFORE, Plaintiff, Benjamin Kalesa, seeks damages from Defendant, Bridgestone/Firestone Americas Holding, Inc. a/k/a Bridgestone Americas Holding, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - LOSS OF CONSORTIUM KATHY KALESA v. BRIDGESTONE/FIRESTONE AMERICAS HOLDING. INC. a/k/a BRIDGESTONE AMERICAS HOLDING INC. 20. Paragraphs 1 through 19 are incorporated herein as if set forth at length, 21. At all times material to this action, Plaintiffs, Benjamin Kalesa and Kathy Kalesa, were married as husband and wife. 22, As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has suffered a loss of consortium, society, and comfort from her husband, Benjamin Kalesa, and she will continue to suffer a similar loss in the future, 23, As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss, -6- WHEREFORE, Plaintiff, Kathy Kalesa, seeks damages from Defendant, Bridgestone/Firestone Americas Holding, Inc. a/k/a Bridgestone Americas Holding, lnc" in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III - NEGLIGENCE BENJAMIN KALESA v. BRIDGESTONE/FIRESTONE. INC. 24. Paragraphs 1 through 23 are incorporated herein as if fully set forth. 25, The sealed trailer Plaintiff was hauling contained product owned by the Defendants and was a trailer loaded by the Defendants, by and through its employees, agents or representatives. The Defendants were responsible for making certain that the load of tires was properly secured, 26. The occurrence of the aforesaid tire falling and the resultant injuries to Plaintiff, Benjamin Kalesa, were caused directly and proximately by the negligence of Defendant, Bridgestone/Firestone, Inc" and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting an inadequately secured tire(s) to be loaded and to remain in the trailer, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully opening the trailer; b, In causing or permitting to be present an inadequately secured tire(s) to remain when Defendant knew or should have known that the likelihood that -7- the inadequately secured tire(s) could be a hazard to individuals as they open the trailer; c. In failing to make a reasonable inspection of said trailer which would have revealed the existence ofthe dangerous condition posed by the inadequately secured tire(s), and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; d. In failing to ensure the cargo area of the said trailer was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully opening the trailer; e, In failing to post a warning sign or device in the area to notify of the dangerous condition posed by the inadequately secured tire(s) in the trailer; f. In failing to remove or remedy the inadequately secured tire(s) in the said trailer so as to avoid the situation in which the Plaintiff was injured; g. In loading or permitting to remain an inadequately secured tire(s) that could fall out of the trailer when the doors were opened, thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; h. In failing to follow proper securement procedures whereby the aforementioned tire(s) would be restrained and unable to fall from back of said trailer thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; I. In failing to fasten the tire(s) in the trailer so as to prevent them from becoming loose and/or detached in violation of 75 Pa. C,S,A. S 4903, ,8- j. In failing to adequately protect against shifting and falling cargo in violation of 49 C,F,R. ~ 393,100 ef seq. 27, Defendant, Bridgestone/Firestone, Inc" had actual knowledge or should have known through the exercise of ordinary care and diligence that there was an inadequately secured tire in said trailer which Plaintiff, Benjamin Kalesa, opened and was injured as a result. 28, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, sustained severe injuries, including, but not limited to, neck and shoulder injuries, 29, As a direct and proximate result of the Defendant's negligence, the Plaintiff, Benjamin Kalesa has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period oftime in the future, to his great physical, emotional, and financial detriment and loss. 30. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity, 31. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. -9- 32, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 33. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss, 34. Plaintiff, Benjamin Kalesa, believes and, therefore avers that his injuries are permanent in nature, WHEREFORE, Plaintiff, Benjamin Kalesa, seeks damages from Defendant, Bridgestone/Firestone Inc" in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM KATHY KALESA v. BRIDGESTONE/FIRESTONE INC. 35, Paragraphs 1 through 34 are incorporated herein as if set forth at length, 36, At all times material to this action, Plaintiffs, Benjamin Kalesa and Kathy Kalesa, were married as husband and wife. 37. As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has suffered a loss of consortium, society, and comfort from her husband, Benjamin Kalesa, and she will continue to suffer a similar loss in the future. 38. As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has been compelled, in order to effect a cure for her husband's injuries, to -IO, expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss, WHEREFORE, Plaintiff, Kathy Kalesa, seeks damages from Defendant, Bridgestone/Firestone Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT V . NEGLIGENCE BENJAMIN KALESA v. BRIDGESTONE/FIRESTONE NORTH AMERICAN TIRE. LLC 39. Paragraphs 1 through 38 are incorporated herein as if fully set forth. 40, The sealed trailer Plaintiff was hauling contained product owned by the Defendants and was a trailer loaded by the Defendants, by and through its employees, agents or representatives. The Defendants were responsible for making certain that the load of tires was properly secured. 41. The occurrence of the aforesaid tire falling and the resultant injuries to Plaintiff, Benjamin Kalesa, were caused directly and proximately by the negligence of Defendant, Bridgestone/Firestone North American Tire, LLC., and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a, In causing or permitting an inadequately secured tire(s) to be loaded and to remain in the trailer, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully opening the trailer; b, In causing or permitting to be present an inadequately secured tire(s) to remain when Defendant knew or should have known that the likelihood that -11- the inadequately secured tire(s) could be a hazard to individuals as they open the trailer; c, In failing to make a reasonable inspection of said trailer which would have revealed the existence ofthe dangerous condition posed by the inadequately secured tire(s), and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; d. In failing to ensure the cargo area of the said trailer was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully opening the trailer; e. In failing to post a warning sign or device in the area to notify of the dangerous condition posed by the inadequately secured tire(s) in the trailer; f, In failing to remove or remedy the inadequately secured tire(s) in the said trailer so as to avoid the situation in which the Plaintiff was injured; g, In loading or permitting to remain an inadequately secured tire(s) that could fall out of the trailer when the doors were opened, thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; h, In failing to follow proper securement procedures whereby the aforementioned tire(s) would be restrained and unable to fall from back of said trailer thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; i. In failing to fasten the tire(s) in the trailer so as to prevent them from becoming loose and/or detached in violation of 75 Pa. C.SA ~ 4903. -12- j, In failing to adequately protect against shifting and falling cargo in violation of 49 C,F,R. 3393.100 et seq. 42, Defendant, Bridgestone/Firestone North American Tire, LLC., had actual knowledge or should have known through the exercise of ordinary care and diligence that there was an inadequately secured tire in said trailer which Plaintiff, Benjamin Kalesa, opened and was injured as a result. 43. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, sustained severe injuries, including, but not limited to, neck and shoulder injuries. 44, As a direct and proximate result of the Defendant's negligence, the Plaintiff, Benjamin Kalesa has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss, 45. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity, 46. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 47. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. -13- 48. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 49. Plaintiff, Benjamin Kalesa, believes and, therefore avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Benjamin Kalesa, seeks damages from Defendant, Bridgestone/Firestone North American Tire, LLC., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs, COUNT VI - LOSS OF CONSORTIUM KATHY KALESA v. BRIDGESTONE/FIRESTONE NORTH AMERICAN TIRE. LLC 50, Paragraphs 1 through 49 are incorporated herein as if set forth at length. 51, At all times material to this action, Plaintiffs, Benjamin Kalesa and Kathy Kalesa, were married as husband and wife. 52, As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has suffered a loss of consortium, society, and comfort from her husband, Benjamin Kalesa, and she will continue to suffer a similar loss in the future, 53, As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. ,14, WHEREFORE, Plaintiff, Kathy Kalesa, seeks damages from Defendant, Bridgestone/Firestone Inc" in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT VII . NEGLIGENCE BENJAMIN KALESA v. BRIDGESTONE INDUSTRIAL PRODUCTS AMERICA. INC. 54. Paragraphs 1 through 53 are incorporated herein as if fully set forth. 55. The sealed trailer Plaintiff was hauling contained product owned by the Defendants and was a trailer loaded by the Defendants, by and through its employees, agents or representatives, The Defendants were responsible for making certain that the load of tires was properly secured. 56. The occurrence of the aforesaid tire falling and the resultant injuries to Plaintiff, Benjamin Kalesa, were caused directly and proximately by the negligence of Defendant, Bridgestone Industrial Products America, Inc., and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting an inadequately secured tire(s) to be loaded and to remain in the trailer, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully opening the trailer; b. In causing or permitting to be present an inadequately secured tire(s) to remain when Defendant knew or should have known that the likelihood that the inadequately secured tire(s) could be a hazard to individuals as they open the trailer; -15- c. In failing to make a reasonable inspection of said trailer which would have revealed the existence ofthe dangerous condition posed by the inadequately secured tire(s), and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; d. In failing to ensure the cargo area of the said trailer was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully opening the trailer; e, In failing to post a warning sign or device in the area to notify of the dangerous condition posed by the inadequately secured tire(s) in the trailer; f. In failing to remove or remedy the inadequately secured tire(s) in the said trailer so as to avoid the situation in which the Plaintiff was injured; g. In loading or permitting to remain an inadequately secured tire(s) that could fall out of the trailer when the doors were opened, thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; h. In failing to follow proper securement procedures whereby the aforementioned tire(s) would be restrained and unable to fall from back of said trailer thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; i. In failing to fasten the tire(s) in the trailer so as to prevent them from becoming loose and/or detached in violation of 75 Pa, C,S,A. ~ 4903. j. In failing to adequately protect against shifting and falling cargo in violation of 49 C,F,R. ~ 393,100 et seq. -16- 57. Defendant, Bridgestone Industrial Products America, Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that there was an inadequately secured tire in said trailer which Plaintiff, Benjamin Kalesa, opened and was injured as a result. 58. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, sustained severe injuries, including, but not limited to, neck and shoulder injuries, 59, As a direct and proximate result of the Defendant's negligence, the Plaintiff, Benjamin Kalesa has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 60, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 61, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 62, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. -17- 63, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss, 64. Plaintiff, Benjamin Kalesa, believes and, therefore avers that his injuries are permanent in nature, WHEREFORE, Plaintiff, Benjamin Kalesa, seeks damages from Defendant, Bridgestone Industrial Products America, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT VIII - LOSS OF CONSORTIUM KATHY KALESA v. BRIDGESTONE INDUSTRIAL PRODUCTS AMERICA. INC. 65. Paragraphs 1 through 64 are incorporated herein as if set forth at length. 66, At all times material to this action, Plaintiffs, Benjamin Kalesa and Kathy Kalesa, were married as husband and wife, 67. As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has suffered a loss of consortium, society, and comfort from her husband, Benjamin Kalesa, and she will continue to suffer a similar loss in the future. 68. As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. -18- WHEREFORE, Plaintiff, Kathy Kalesa, seeks damages from Defendant, Bridgestone Industrial Products America, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs, COUNT IX - NEGLIGENCE BENJAMIN KALESA v. BRIDGESTONE (U.S.A.), INC. 69. Paragraphs 1 through 68 are incorporated herein as if fully set forth. 70. The sealed trailer Plaintiff was hauling contained product owned by the Defendants and was a trailer loaded by the Defendants, by and through its employees, agents or representatives, The Defendants were responsible for making certain that the load of tires was properly secured. 71, The occurrence of the aforesaid tire falling and the resultant injuries to Plaintiff, Benjamin Kalesa, were caused directly and proximately by the negligence of Defendant, Bridgestone (U.S.A.), Inc., and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting an inadequately secured tire(s) to be loaded and to remain in the trailer, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully opening the trailer; b, In causing or permitting to be present an inadequately secured tire(s) to remain when Defendant knew or should have known that the likelihood that the inadequately secured tire(s) could be a hazard to individuals as they open the trailer; -19- c, In failing to make a reasonable inspection of said trailer which would have revealed the existence of the dangerous condition posed by the inadequately secured tire(s), and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; d. In failing to ensure the cargo area of the said trailer was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully opening the trailer; e, In failing to post a warning sign or device in the area to notify of the dangerous condition posed by the inadequately secured tire(s) in the trailer; f. In failing to remove or remedy the inadequately secured tire(s) in the said trailer so as to avoid the situation in which the Plaintiff was injured; g. In loading or permitting to remain an inadequately secured tire(s) that could fall out of the trailer when the doors were opened, thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; h, In failing to follow proper securement procedures whereby the aforementioned tire(s) would be restrained and unable to fall from back of said trailer thereby causing harm to a person lawfully opening said trailer, such as the Plaintiff; i. In failing to fasten the tire(s) in the trailer so as to prevent them from becoming loose and/or detached in violation of 75 Pa. C.S,A. 94903. j. In failing to adequately protect against shifting and falling cargo in violation of 49 C.F.R. 9393.100 et seq, -20- 72. Defendant, Bridgestone (U.S.A.), Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that there was an inadequately secured tire in said trailer which Plaintiff, Benjamin Kalesa, opened and was injured as a result. 73. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, sustained severe injuries, including, but not limited to, neck and shoulder injuries, 74. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Benjamin Kalesa has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 75, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity, 76, As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss, 77. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. -21- 78. As a direct and proximate result of the Defendant's negligence, Plaintiff, Benjamin Kalesa, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 79. Plaintiff, Benjamin Kalesa, believes and, therefore avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Benjamin Kalesa, seeks damages from Defendant, Bridgestone (U.S.A), Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs, COUNT X. LOSS OF CONSORTIUM KATHY KALESA v. BRIDGESTONE (U.S.A.), INC. 80, Paragraphs 1 through 79 are incorporated herein as if set forth at length. 81, At all times material to this action, Plaintiffs, Benjamin Kalesa and Kathy Kalesa, were married as husband and wife. 82. As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has suffered a loss of consortium, society, and comfort from her husband, Benjamin Kalesa, and she will continue to suffer a similar loss in the future. 83. As a direct and proximate result of Defendant's negligence, the Plaintiff, Kathy Kalesa, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss, -22- WHEREFORE, Plaintiff, Kathy Kalesa, seeks damages from Defendant, Bridgestone (U.S.A), Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully Submitted, HANDLER, H G & ROSENBERG, LLP Date: 5'- 9-df!Jr)f5 By -23- VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa, C,S. Section 4904, relating to unsworn falsification to authorities, !'v>V'.-yt:'-- /~(~ <-~ Benjamin Kalesa ~~~~C<<~1LO ?~__ Date: S -s- c-S , , 1-:" :.c\\ -;:1 ~.~ ", , - ~, :~_. ,\ c:? _~ <::~ -" No. 05-1499 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN KALES A and KATHY KALESA, Plaintiffs, vs, BRIDGES TONE/FIRESTONE AMERICAS HOLDING, INC. a/kJa BRIDGESTONE AMERICAS HOLDING, INC., BRIDGES TONE/FIRESTONE, INC., BRIDGESTONE/FIRESTONE NORTH AMERICA TIRE, LLC, BRIDGES TONE INDUSTRIAL PRODUCTS AMERICA, INC" BRIDGESTONE (U,S.A.), INC" Defendants, CIVIL ACTION - LAW No. 05,1499 Code PRAECIPE FOR APPEARANCE Filed on behalf of Defendants, Bridgestone Americas Holding, Inc, and Bridgestone/ Firestone North American Tire, LLC, formerly known as Bridgestone/Firestone, Inc, Counsel of Record for these Parties: Clem C, Trischler, Esquire Pa. LD. #52957 PIETRAGALLO, BOSICK & GORDON Firm #834 The Thirty-Eighth Floor One Oxford Centre Pittsburgh, PA 15219 (412) 263-2000 ,. No, 05-1499 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENJAMIN KALESA and KATHY ) KALESA, ) ) Plaintiffs, ) ) No, 05-1499 vs, ) ) BRIDGESTONE/FIRESTONE AMERICAS ) HOLDING, INC, a/kJa BRIDGES TONE ) AMERICAS HOLDING, INe., ) BRIDGESTONE/FIRESTONE, INC" ) BRIDGES TONE/FIRESTONE NORTH ) AMERICA TIRE, LLC, BRIDGES TONE ) INDUSTRIAL PRODUCTS AMERICA, ) INe., BRIDGESTONE (U.S.A,), INC" ) ) Defendants, ) PRAECIPE FOR APPEARANCE TO: Curtis R. Long, Prothonotary Kindly enter the appearance of Clem C. Trischler, Esquire and Pietragallo, Bosick & Gordon on behalf of the defendants, Bridgestone Americas Holding, Inc., and Bridgestone/Firestone North American Tire, LLC, formerly known as Bridgestone/Firestone, Inc., in the above-captioned matter. A JURY TRIAL IS DEMANDED. PIETRAGALLO, BOSICK & GORDON By: ~ c... \~~ Clem e. Trischler, Esquire pc..- The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 - 2 - No, 05-1499 Attorneys for Defendants, Bridgestone Americas Holding, Inc" and Bridgestone/Firestone North American Tire, LLC, formerly known as Bridgestone/Firestone, Inc, No. 05-1499 CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within PRAECIPE FOR APPEARANCE has been served on all counsel of record listed below by U,S, first class mail, postage prepaid, this 20th day of May, 2005: W, Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for the Plaintiffs ~ c..l^^,,~ Clem C. Trischler p- ,--1 ",- ','t :^<; c.'~ - c..." (".., \..,:;.:. W. Scott Henning, Esquire 1.0.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com Attorney for Plaintiffs BENJAMIN KALESA, and KATHY KALESA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO: 2005-1499 BRIDGESTONE/FIRESTONE AMERICAS HOLDING, INC. a/kia, BRIDGESTONE AMERICAS HOLDING, INC., BRIDGESTONE/FIRESTONE, INC., BRIDGESTONE/FIRESTONE NORTH AMERICA TIRE, LLC, BRIDGESTONE INDUSTRIAL PRODUCTS AMERICA, INC., BRIDGESTONE (U.S.A.), INC, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE On the 11th day of May, 2005, I hereby certify that a true and correct copy of Plaintiffs' Complaint containing Notice to Defend was served upon all Defendants by certified mail, return receipt requested, at 600 North 2nd Street, Suite 500, Harrisburg, PA 17101. The green certified return receipt cards are attached hereto as Exhibit "A". I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Respectfully Submitted, HANDLER, H Date - _t;- d :3 - JOg!? By: SENDER: COMPLETE THIS SECTION . 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 mail piece, or on the front if space permits. 1. Article Addressed to: Bridgestone/Firestone Americas Holding Inc, a/k/a Bridgestone Americas Holding, Inc. 600 North 2nd Street, Suite 500 Harrisburg, PA 17101 2. Article Number (Transfer from service Jabel) DC'. t=.......,..,., ~R11 .ll.",..,,,,,,-+ 'Jn01 . . . . x h. 8, D, 3, ~rvice Type CertifIed Mall Registered o Insured Mail o Expres.s Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 0500 0000 7381 4284 10?'<;>l!'i_O?_M.l~.~I: nnm",!':tir. RAtllrn RAt"::Aint SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 jf 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 maifpiece, or on the front if space permits. 1, Article Addressed to: Bridgestone/Firestone, Inc. 600 North 2nd Street, Suite 500 Harrisburg, PA 17101 2. Article Number (Transfer from service /1'1" PS Form 3811 , August 2001 . . . . B. Rec Da e of ,~iVery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. ~ice Type Certified Mail Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 0500 DODD 7381 4277 102595-02-M.1540 Domestic Return Receipt SENDER: COMPLETE THIS SECTION . 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: Bridgestone/Firestone North American Tire, LLC 600 North 2nd Street, Suite 500 Harrisburg, PA 17101 2. Article Number (Transfer from service IabeQ PS Form 3811 , August 2001 COMPLETE THIS SECTION ON DELIVERY A. Signatu e x /I, B. Recei D. Is delivery address different from item 1? If YES, enter delivery address below: 3. ~e ice Type ertified Mail Registered Insured Mail D Express Mail D Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 0500 DODD 7381 4291 , 102595-02-M-1540 DomestIc Return Receipt - . <""l '" ER COM, . Complete ftems 1, 2. and 3, Also complete Item 4 n Restricted Delivery is deslred. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the beck of the mall piece, or on the front if space permits. 1. Article Addressed to: D. Isdellvery_d_fromftem1? OVa. If YES, enter delivery address below: 0 No Bridgestone Industrial Products American, Inc. 600 North 2nd Street, Suite 500 Harrisburg, PA 17101 3. irvlCe1YPe Certified Mall 0 Express Mall Registered 0 Return Receipt for Merchandise [:J Insured Mall [J C.O.D. 4. Restricted Delivery'? (Extra Fee) 0 Ve. 2. Article Number (Transfer from service lab PS Form 3811, August 2001 7003 0500 0000 7381 4260 Domestic Return Receipt 102595-02-M-1S4D SENDER COUP! l 'I !f/<':' SECl/ON . Complete ftems 1, 2. and 3, Also complete ttem 4 n 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 beck of the mail piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 If YES, enter cIeIlvery address below: Bridgestone (U.S,A) 600 North 2nd Street, Suite 500 Harrisburg, PA 17101 3, -1YPe o CertIfied Mall 0 Exp..... Mall o Reglsle<ed 0 Retum Receipt foe Merchandise o Insured Mall CJ; C.O.D. 4. Restricted Dell~ (Exlre Fee) 0 Yes 2. Article Number menmr__/~) PS Form 3811, ~Ug~st 2001 7003 0500 0000 7381 4307 Domestic Return Receipt 102595-02-M-1540 (~-. Cj ~ , "," . ( c) ~~~ -">" ,- ::J. r c ( - No. 05-1499 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN KALESA and KATHY KALESA, CNIL ACTION - LAW No. 05-1499 Plaintiffs, Code vs. PRAECIPE FOR APPEARANCE BRIDGESTONE/FIRESTONE AMERICAS HOLDING, INC. a/kIa BRIDGES TONE AMERICAS HOLDING, INC., BRIDGESTONE/FIRESTONE, INC., BRIDGESTONE/FIRESTONE NORTH AMERICA TIRE, LLC, BRIDGESTONE INDUSTRIAL PRODUCTS AMERICA, INC., BRIDGESTONE (U.S.A.), INC., Filed on behalf of Defendant, Bridgestone Industrial Products America, Inc. Counsel of Record for this Party: Clem C. Trischler, Esquire Pa, I.D. #52957 Defendants. PIETRAGALLO, BOSICK & GORDON Firm #834 The Thirty-Eighth Floor One Oxford Centre Pittsburgh, PA 15219 (412) 263-2000 No. 05-1499 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENJAMINKALESAandKATHY ) KALE SA, ) ) Plaintiffs, ) ) No. 05-1499 vs. ) ) BRIDGESTONE/FIRESTONE AMERICAS ) HOLDING, INC. a/k/a BRIDGESTONE ) AMERICAS HOLDING, INC., ) BRIDGESTONE/FIRESTONE, INC., ) BRIDGESTONE/FIRESTONE NORTH ) AMERICA TIRE, LLC, BRIDGESTONE ) INDUSTRIAL PRODUCTS AMERICA, ) INC., BRIDGESTONE (U.S.A.), INC., ) ) Defendants. ) PRAECIPE FOR APPEARANCE TO: Curtis R. Long, Prothonotary Kindly enter the appearance of Clem C. Trischler, Esquire and Pietragallo, Bosick & Gordon on behalf of the defendant, Bridgestone Industrial Products America, Inc., in the above- captioned matter. A JURY TRIAL IS DEMANDED. PIETRAGALLO, BOSICK & GORDON By: cL~ e{L4<J1 Clem C. Trischler, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attorneys for Defendants, Bridgestone Industrial Products America, Inc. ; No, 05-1499 CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within PRAECIPE FOR APPEARANCE has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this loth day of June, 2005: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for the Plaintiffs ~dJ1 Clem C. Trischler Q \:-,~ r-~ 'f:]~ {:...J" C-- (;.; ",p....... - c.,..) q1 .:::1 ~ -y"\ rf'\-~ _~ \-1\ _....:,0 :;,2\(;> ;~X~ ':;~ ~ ."'- _M ~ <? - - -- .------------- ---------~-------