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HomeMy WebLinkAbout06-1334F\FILES\ ATAIILE\Gan19948\Currwt\32\32. com Created' 12/29/03 8.35AM Revised 2/16/06 9.52AM ]94825/unit Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff V. REGINALD L. CAPERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - /3_3 / CIVIL TERM CIVIL ACTION-LAW 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 ajudgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or reliefrequested by the Plaintiffs. 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 17013 (717) 249-3166 GIANT FOOD STORES, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - / 3 3 V CIVIL TERM REGINALD L. CAPERS, Defendant CIVIL ACTION-LAW COMPLAINT 1. Plaintiff, Giant Food Stores, LLC C'Plaintiff'), is a Pennsylvania limited liability company with a business address of 1149 Harrisburg Pike, Carlisle, Pennsylvania 17013. 2. Defendant, Reginald L. Capers, C'Defendant' ') is an adult individual residing at 6318 Martin Lake Road, Charlotte, North Carolina 28227. 3. On or about September 2, 2005, Plaintiff owned a 2005 Ford 500 vehicle with Pennsylvania registered plate number EXF-6402. 4. On or about September 2, 2005, Plaintiff's employee, Vincenzo Mancini, was operating the Ford. 5. On or about September 2, 2005, Defendant owned a 1987 Honda Accord with North Carolina registered plate number TVS7775. 6. On or about September 2, 2005, Defendant was operating a bobtail tractor towing the Honda. 7. On or about September 2, 2005, Vincenzo Mancini was operating the Ford on the exit ramp of the New Jersey Turnpike near Interchange 7A. 8. On or about September 2, 2005, Defendant was driving the bobtail trailer towing the Honda when the Honda became unhitched from the trailer crossing the median between the ramps and struck the Plaitniff s Ford. 9. Defendant breached the duty of care owed to Plaintiff by failing to ensure the Honda was properly hitched to the bobtail trailer. W 10, The aforementioned collision was caused as a result of the negligence, recklessness and carelessness of Defendant that he: a. operated a vehicle in a careless, reckless, and negligent manner; b. failed to properly operate and control the vehicle; C. failed to ensure the Honda was properly hitched to the trailer; d. failed to keep a proper look out; failed to use due care under the circumstances; operated the vehicle in disregard of the rules of the road, the ordinances of the local municipality and the laws ofthe Commonwealth ofPennsylvania, including, but not limited to, the Motor Vehicle Code, 75 Pa.C.S.A. § 3714. 11. Defendant's negligence, carelessness, and recklessness was the direct and proximate cause of the damage to Plaintiffs Ford. 12. Plaintiffhas demanded compensation for the losses sustained and Defendant has failed to pay. 13. As a direct and proximate result of Defendant's negligence, Plaintiff incurred damages in the amount of $2,510.00. A copy of the repair estimate is attached hereto as Exhibit "A." WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,510.00, plus costs, interest, and any other relief that the court deems appropriate. MARTSON DEARDORFF WILLIAMS & OTTO 13 Q e s ?? Y Christopher E. Rice, Esquire Attorney I.D. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff N GIANT GIANT FOODS ROSE BRUCE 1149 HARR DRIVE CARLISLE, PA 17013 HOME:717-240-7535 BUS: SPANKEY'S 3 4 4 9 0 AUTO SALES, INC. 7 *INVOICE* 01 E. Locust Street, Mechanicsburg 1702 Harrisburg Pike, Carlisle 017 766 693 1 -7 Sales: (7171241-2410 Body Shop: (717) 697-3102 Thrifty Car Rental (717) 243-1505 532 West 4th Street, Lewistown 200 N. Walnut Street, Mechanicsburg Sales: 0171 247-3777 Sales (7171 766 8747 PAGE 1 520 N. Enola Road, Enola Sales: 17171 7327777 SERVICE ADVISOR: T S9? 4 POMATin Mf`I-q TW!n>7V COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN/OUT TAG' OS FORD CUSTOM 500 1FAFP26165G135540 1 1 1/1 0430 DEL: DATE PROD. DATE' WARR. EXP. PROMIS ED . PO NO. RATE - PAYMENT -' INV, DATE 040CT05 I 17:30 040CT05 59.00 CASH 120CT05 "R.O.OPENED READY. OPTIONS: 040CT05 120CT05 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A REPAIR ASI PER ESTIMATE' R REPAIR AS PER ESTIMATE 1671 'CPB 19.30 733.40 733.40 1 5G1Z-17K835-AAB COVER 459.72 459.72 459.72 1 5GIZ-17CB30-AAB MLDG - 21.13 21.13 21.13 1 5G1Z-17C830-AAA MLDG 21.13 21.13 21.13 1 0512-175995-AA REINF 13.72 13.72 13.72 1 5G1Z5428371AA SPLASH SHIELD 45.00 45.00 45.00 PARTS: 560,70 LABOR: 733.40 OT89R: 0.00 TOTAL LINEi A: 1294.10 *#*+b***M*?Ir*.+k*Y'F*+F*rok*i*ir*+F*+k***'k14Vr 1k*kJett'k*W*i*'h*k*`k*12` B REFINISH AS PER ESTIMATE REP REFINISH AS PER ESTIMATE 5881 VIKING HUFFMAN LIC#: 00005881 CPS 101.10 383.80! 383.80 PARTS: 0.00 LABOR: 383.80 OTHER: 0.00 TOTAL LINE B: 383.80 SUBL WINDSHIELD CPB 357.30 357.30 MISC'WHEEL REPAIR Ia CPB Q` (i ? l 1 150.00 150.00 MISCLPAINT AND MAT. CPB c? ,' nc 182.73 182.73 c n??t? mc?'r? ??-(p -` 00- M-D9l 7"39, 142-n7 ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE STATEMENT OF DISCLAIMER DESCRIPTION TOTALS INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE The factory warranty constitutes all LABOR AMOUNT 1117.20 SHOWN. SERVICES DESCRIBED WERE PERFORMED AT NO CHARGE TO OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE of the warranties with respect to the sale of this itermitems. The PARTS AMOUNT 560.70 VEHICLE OR OTHERWISE THAT ANY PART REPAIRED OR REPLACED Seller hereby expressly disclaims all GAS OIL LURE 0 , UNDER THIS C AIM HA E CONN CT IN NY Y W TH Y warranties either express or , , 0. 0 A WA AN L D B EN E ED I implied. including any implied S BLET AM NT ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS ..'act, of me¢hantabo, ch U OU 357 .30 CLAIM ARE AVAILABLE FOR 111 YEAR FROM THE DATE OF PAYMENT fitness for a particular purpose. MISC. CHARGES 332 73 NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY Seller neither assumes nor . MANUFACTURER'S REPRESENTATIVE. authorizes any other person to assume for it any liability TOTAL CHARGES 2367.93 connection with the sale of this item i ems LESS INSURANCE 0 00 . t SALES TAX 142.07 ISIGNEDI DEALER, GENERAL MANAGER OR AUTHORIZED PERSON (DATE) CUSTOMER SIGNATURE PLEASE PAY _ ? THIS AMOUNT .J 2510.00 EXHIBIT "A" CUSTOMER COPY Iv ..1 141 VERIFICATION 1, LIZABETH CHRISTMAN, Director, Risk Management Department of Giant Food Stores, LLC, acknowledge that I have the authority to execute this Verification on behalf of Giant Food Stores, LLC, and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal penalties. Giant Food Stores, LLC Lizabeth Christman Director-Risk Management Dated: _5 -'7 - © & I' V ILLSOAI AFILLAGian199GYVCurrenlV 2\32.com 1 d ( -- OL MAR : ) 6 2006 F:\FILES\DATAFQ.E\Giant7948\Cuirent\32\32. pra. rein Created: 5/10/06 11:46AM Revised: 5/10106 11:46AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff v. REGINALD L. CAPERS, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 1334 CIVIL TERM CIVIL ACTION-LAW PRAECIPE Please reinstate the Complaint in the above captioned matter. MARTSON DEARDORFF WILLIAMS & OTTO By a'gAt? S / C Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1 q Qo Attorneys for Plaintiff C-) C c ¢°., p f'r't r r ?° ? -n ?C-) ? C- w co F'\FILESOATA ILE\Gient7948\CumentU2U2.pm.rein Crwt.d 5/10/06 11:46AM Revi, W&M I49PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff V. REGINALD L. CAPERS, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006 - 1334 CIVIL TERM CIVIL ACTION-LAW PRAECIPE Please reinstate the Complaint in the above captioned matter. MARTSON DEARDORFF WILLIAMS & OTTO By 011 ?. le?? Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 6, 2006 Attorneys for Plaintiff _ n ." ??, - U ;?, C,,. T -. 1 l l ?-. f (j Y C :Y ..::"? ..v, ?-?7 Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 01,-/3,341 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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) 240-6573