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...
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
JANEEN RENE WALTZ,
Civil Action
Plaintiff,
v.
No, O~ - 3tIDS
Clo'IC-TE.A..~
ARNOLD W. WILSON
4715 North Greenwood Blvd.
Spokane, W A 99205,
and
MAY TRUCKING COMPANY,
4185 Brooklake Road
Salem, OR 97305
Defendants,
PRAECIPE TO ISSUE WRIT OF SUMMONS
To the Prothonotary:
Please issue a writ of summons in the above-captioned matter directed to the
defendants, Arnold W. Wilson and May Trucking Company,
Kindly enter my appearance on behalf of the plaintiff.
BLACK AND DAVISON
BY:
S=.
Elliott B. Sulcove
Attorney J.D. No, 84593
82 West Queen Street
P,O. Box 513
Chambersburg, P A 17201
(717) 264-5194
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Commonwealth of Pennsylvania
County of Cumberland
WRIT OF SUMMONS
Court of Common Pleas
JANEEN RENE WALTZ
Plaintiff
Vs. No 06-3405 CIVIL TERM
ARNOLD W. WILSON
4715 NORTH GREENWOOD BLVD.
SPOKANE, W A 99205
MAY TRUCKING COMPANY,
4185 BROOKLAKE ROAD
SALEM, OR 97305 In CivilAction-Law
Defendant
To ARNOLD W. WILSON AND MAY TRUCKING COMPANY,
You are hereby notified that JANEEN RENE W AL TZ, the Plaintiff( s) has /
have commenced an action in Civil Action-Law against you which you are required to
defend or a default judgment may be entered against ou,
(SEAL)
y
Date JUNE 15, 2006
By
Deputy
Attorney:
Name: ELLIOTT B. SULCOVE
Address: BLACK AND DAVISON
82 WEST QUEEN STREET
P.O.BOX 513
CHAMBERSBURG, P A 17201
Attorney for: Plaintiff
Telephone: 717-264-5194
Supreme Court ill No, 84593
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
,
CASE NO': 2006 - 03405 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTZ JANEEN RENE
VS.
WILSON ARNOLD W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,WILSON ARNOLD W
by United States Certified Mail postage
prepaid, on the 22nd day of June
,2006 at 0000:00 HOURS, at
4715 NORTH GREENWOOD BLVD
SPOKANE, WA 99205
, a true
and attested copy of the attached WRIT OF SUMMONS
Together
with
The returned
receipt card was signed by CATHY WILLIAMS
06/24/2006
on
Additional Comments:
Docketing
Service
Affidavit
Surcharge
18.00
4.64
.39
10.00
.00
33.03 / {}.v. 7';;z."'o~
County
Sheriff's Costs:
Paid by BLACK & DAVISON
on 07/07/2006
Sworn and Subscribed to before me this
day of
A.D.
. Complete Items 1, 2. and 3. AJeo comptete
item 4 If Restricted Delivery Is desIr8d.
. 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 mallplece,
or on the front if space permits.
1. ArtIcle AddI1lS88d to:
~~. <.WW~Blvd
SPOkan~ 99205
2.
',- C. ~e~ery
. , c..J'f-6 0
. 18 dIf18nlnt fn:xn Item 11 0 Yes
, If YES, enter delivery address below: 0 No
3. Service Type
.. CertffIec1 Mail 0 Express Mall
o Registered 0 Return Receipt for Men::handlse
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7005 1160 0002 1107 7572
102595-02-M-1540
06-3405 civil
PS Form 3811, February ~004
00rrJ.tic IWlum ~pt
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
,
CASE NO: 2006-03405 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WALTZ JANEEN RENE
VS.
WILSON ARNOLD W ET AL
R. Thomas Kline
, Deputy Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,MAY TRUCKING COMPANY
by United States Certified Mail postage
prepaid, on the 22nd day of June
,2006 at 0000:00 HOURS, at
4185 BROOKLAKE ROAD
SALEM, OR 97305
, a true
and attested copy of the attached WRIT OF SUMMONS
Together
with
The returned
receipt card was signed by COURTNEY COFFEY
06/28/2006
on
Additional Comments:
Docketing
Service
Affidavit
Surcharge
6.00
4.64
.00
10.00
.00
20.64 ./ {),-,
R. Thomas Kline
Sheriff of Cumberland County
Sheriff's Costs:
1-.1 '1-0(.
Paid by BLACK & DAVISON
on 07/07/2006
Sworn and Subscribed to before me this
day of
A.D.
. Complete Items 1, 2, and 3. Also complete
item 41f Restricted Delivery 18 desired.
. Print your name and address on the ~erse
so that we can nrtum the card to you.
. Attach this card to the back of the mallpiece.
or on the front if space permits.
1. Article AddI8S88d to:
!lay Trucking Canpany
&185 BJ::Qoklake Road
SalEm, OR 97305
f~;~'
3. .8fvIce 1YPe
. CertIfIed Mail 0 Express Mail
o Registered 0 Retum Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted DelJvery7 (Extra Fee) D Yes
7005 1160 0002 1107 7589
06-3405 civil
PS Form 3811. February 2004
eorn..tIc FIMuTl ReceIpt
102595-02-M-1540
BLACK
AND
DAVISON
ATTORNEYS AT LAW
82 W QUEEN STREET
CHAMBERSBURG, PA
17201
717,2645194
II
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
JANEEN RENE WALTZ,
Civil Action
Plaintiff
v.
No. 06-3405 Civil Term
ARNOLD W. WILSON
and
MAY TRUCKING COMPANY
Defendants
TO: Arnold W. Wilson and May Trucking Company, Defendants
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 claims 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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.
Pennsylvania Bar Association
Lawyer Referral Service
(800) 692-7375 (Pennsylvania only)
or (717) 238-6715
II
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
JANEEN RENE WALTZ,
Civil Action
Plaintiff
v.
No. 06-3405 Civil Term
ARNOLD W. WILSON
and
MAY TRUCKING COMPANY
Defendants
COMPLAINT
Plaintiff, Janeen Rene Waltz, by and through her undersigned counsel, Elliott B.
Sulcove, files this Complaint against the Defendants, Arnold W. Wilson and May Trucking
Company, and in support thereof avers the following:
1.
Plaintiff is Janeen Rene Waltz, a sui juris adult, who lives and resides in the
Borough of Mechanicsburg, Cumberland County, Pennsylvania, her post office address
being 803 Allenview Drive in said Borough.
2.
Defendant, Arnold W. Wilson, is a sui juris adult, who lives and resides in the City
of Spokane, Washington, his post office address being 4715 North Greenwood Boulevard
in said City.
3.
Defendant, May Trucking Company, is a corporation organizing and existing under
the laws of the State of Oregon, with principal offices located and being situate in the City
of Salem, Oregon, its post office address being 4185 Brooklake Road in said City.
II
, i
FACTUAL BACKGROUND
4.
On or about January 31,2006, Plaintiff was operating her 2000 Jeep Cherokee on
State Route 581 West in East Pennsboro Township, Cumberland County, at approximately
4:15 P.M., prevailing time.
5.
At the time and place above set forth, Defendant, Arnold W. Wilson, was operating
a 2004 Volvo tractor-trailer combination, owned by the Defendant, May Trucking Company,
which vehicle was also traveling in a westerly direction.
6.
At the time and place above set forth, Defendant, Arnold W. Wilson, caused the
vehicle that he was then and there operating to collide with the rear of Plaintiff's vehicle,
causing Plaintiff's vehicle to cross into another lane of traffic, strike a center concrete
barrier, and come to rest in the left westbound lane of the aforementioned public road.
7.
The aforesaid collision was in no manner whatsoever caused by any act or failure
to act on the part of the Plaintiff but was caused solely and exclusively by the negligence
and carelessness of the Defendant, Arnold W. Wilson, as described herein.
8.
In consequence of the collision above alleged, Plaintiff was violently thrown and
tossed about in the automobile she was operating with great force, whereby she sustained
serious injuries, including the following:
A. Fracture of the left sixth rib;
B. Contusion of the left frontal scalp;
C. Fracture of tooth number 14;
D. Cervical and lumbar strain and sprain;
E. Multiple contusions of the left orbit, left upper extremity,
and left axillary area;
F. Post concussion syndrome.
-2-
II
9.
As a consequence of the injuries referred to above, Plaintiff is plagued with
persistent pain and functional limitations, and, therefore, avers that her injuries are of a
permanent nature causing residual problems for the remainder of her life.
10.
As a result of the aforesaid injuries, Plaintiff has experienced and will continue to
experience great pain, inconvenience, emotional distress, embarrassment, humiliation, loss
of life's pleasures, and, in the future, she will, throughout the remainder of her life, suffer
great pain, inconvenience, emotional distress, embarrassment and humiliation.
11.
As a direct and proximate result of the aforesaid injuries, Plaintiff has suffered
permanent disability of a presently indeterminable percentage.
12.
As a further direct and proximate result ofthe aforementioned injuries, the economic
horizons of Plaintiff have been significantly dimmed.
13.
As a further result of said injuries, Plaintiff has been unable to enjoy the pleasures
of life, and her ability to enjoy said pleasures has been impaired for the remainder of her
natural life.
FIRST COUNT
JANEEN RENE WALTZ,
Plaintiff
v.
ARNOLD W. WILSON,
Defendant
14.
The averments contained in paragraphs 1 through 13, supra, are incorporated
herein by reference as fully as though set out at large and made applicable to the
Defendant in this Count.
-3-
II
..
15.
Defendant in this Count is Arnold W. Wilson.
16.
At the time and place above alleged, the negligence and carelessness of the
Defendant in this Count consisted of the following:
A. Defendant's driving and operating the tractor trailer
combination rig, which he then and there had under his
control, recklessly and carelessly and without giving due
regard for the safety of others, including Plaintiff;
B. Defendant's driving and operating the tractor trailer
combination, which he then and there had under his
control, negligently and carelessly without regard forthe
presence of the vehicle being operated by Plaintiff in
the westbound lane of the aforementioned public road
as it was then and there situated;
C. Defendant's driving and operating the tractor trailer
combination, which he then and there had under his
control, negligently and carelessly and without regard to
existing conditions present at the time and at the place
of the aforementioned accident;
D. Defendant's driving and operating the tractor trailer
combination, which he then and there had under this
control, negligently and carelessly and without caution
or regard for the rights and safety of Plaintiff;
E. Defendant's driving and operating the tractor trailer
combination, which he then and there had under this
control, negligently and carelessly and in such a
manner as to be unable to avoid striking Plaintiff's
vehicle;
F. Defendant's driving and operating the tractor trailer
combination, which he then and there had under this
control, negligently and carelessly and in such a
manner as to violate various statutes of the
Commonwealth of Pennsylvania, including the following
provisions of the Pennsylvania Motor Vehicle Code:
93310, 93361, and 93714;
-4-
II
"
G. Negligence per se for violating the provisions of the
Pennsylvania Motor Vehicle Code, including, but not
limited to the following provisions of the Pennsylvania
Motor Vehicle Code: 93310, 93361, and 93714.
WHEREFORE, Plaintiff demands judgment against the Defendant in this Count for
damages in an amount in excess of twenty-five thousand ($25,000.00) dollars, together
with costs of suit.
SECOND COUNT
JANEEN RENE WALTZ,
Plaintiff
v.
MAY TRUCKING COMPANY,
Defendant
17.
The averments of paragraphs 1 through 16, supra, inclusive, are incorporated herein
in this Count as fully as though they are set out at large and hereby made applicable to the
Defendant in this Count.
18.
Defendant in this Count is May Trucking Company.
19.
At all times pertinent hereto, Defendant in this Count was acting by and through its
agent, servant, and employee, Arnold W. Wilson, and, therefore, is jointly and severally
liable for the acts of omission and commission of the said Arthur W. Wilson, who, at the
time and place above alleged was acting in the course and scope of his employment.
20.
In addition to the foregoing, the negligence and carelessness of the Defendant in
this Count consisted of the following:
A. Defendant's failure to supervise properly said Arnold W.
Wilson with regard to the operation of this vehicle at a
safe speed and with complete attentiveness to the
safety of others;
B. Defendant's employing and retaining said Arnold W.
-5-
..
Wilson when Defendant in this Count knew or should
have known that said Arnold W. Wilson was charged
with and pleaded guilty to traffic violations, all of which
should have indicated to Defendant in this Count that
said Arnold W. Wilson had a propensity to violate the
speeding laws of the Commonwealth of Pennsylvania.
C. Defendant's continuing to employ said Arnold W.
Wilson notwithstanding the foregoing for the purpose of
its own economic gain, i.e. keeping its on-time
distribution system operational, irrespective of the risk
to others.
WHEREFORE, Plaintiff demands judgment against the Defendant in this Count for
damages in an amount in excess of twenty-five thousand ($25,000.00) dollars, together
with costs of suit.
~
Elliott B. Sulcove, Esq.
Black and Davison
82 West Queen Street
Chambersburg, PA 17201
Telephone No. (717) 264-5194
Attorney 1.0. No. 84593
OF COUNSEL:
Black and Davison
82 West Queen Street
Chambersburg, PA 17201
Telephone No. (717) 264-5194
-6-
/I
VERIFICATION
I, Janeen Rene Waltz, have read the foregoing Complaint which has been drafted.
by my counsel. The factual statements and/or denials contained therein are true and
correct to the best of my knowledge, information and belief. I am authorized to make this
Verification.
This Verification is made only as to the factual averments contained therein and not
to legal conclusions and averments authorized by counsel in his capacity as attorney for
the party or parties hereto.
This Verification is made subject to the penalties of 18 Pa,C.S. ~4904 relating to
unsworn falsification to authorities which provides that, if I knowingly made false
averments, I may be subject to criminal penalties.
DATE: October 'J'&, 2006
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JANEEN RENE WALTZ
In the Court of Common Pleas of
Cumberland County
v.
ARNOLD W. WILSON
No. 06-3405 Civil Term
and
MA Y TRUCKING CaMP ANY
NOTICE OF REMOVAL
TO: Elliott B. Sulcove, Esquire
Black and Davison
82 West Queen Street
Chambersburg, P A 17201
Please take notice that May Trucking Company and Arnold W. Wilson have filed a
petition in the United States District Court for the Middle District of Pennsylvania for removal of
an action now pending in the Court of Common Pleas of Cumberland County which cause of
action is entitled Janeen Rene Waltz v. Arnold W. Wilson and May Trucking Company
No.06-3405 to said District Court and defendants have filed in the United States District Court
for the Middle District of Pennsylvania a copy of all pleadings served upon it, presently in its
possession, which were filed and entered in the Court of Common Pleas of Cumberland County.
414282_1
A copy of said Notice of Removal is attached and herewith served upon you.
GERMAN, GALLAGHER & MURTAGH
kh f C-i-t
By:
Robert P. Corbin, Esquire
The Bellevue, 200 S. Broad St., Suite 500
Philadelphia, PA 19102
(215) 545-7700
Attorney for Defendants
May Trucking Company and
Arnold W. Wilson
414282_1
'"
.;-'f:I+-";-
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYL VANIA
JANEEN RENE WALTZ
In the Court of Common Pleas of
Cumberland County
v.
ARNOLD W. WILSON
No. 06-3405 Civil Term
and
MAYTRUCKrnGCONWANY
PETITION FOR REMOVAL
AND NOW COMES the defendants May Trucking Company and Arnold W. Wilson,
petitioners for the purposes only of removing this case to the District Court for the Middle
District of Pennsylvania, and respectfully avers the following:
1. Petitioners May Trucking Company and Arnold W. Wilson are defendants in
a civil action initiated by plaintiff by filing a Writ of Summons on June 15, 2006, and is now
pending in the Court of Common Pleas of Cumberland County. (See Writ of Summons attached
hereto as Exhibit "A").
2. Thereafter, on November 2, 2006, plaintiff filed a Complaint in the Court of
Common Pleas of Cumberland County. (See Complaint attached hereto as part of Exhibit "B").
3. Plaintiffs served the aforesaid complaint on petitioners via certified mail.
4. Petitioners received a copy of the complaint on November, 13, 2006. This
petition is, therefore, timely filed.
5. A copy of all process, pleadings and orders served upon petitioners in this action
are attached hereto as Exhibits "A" and "B".
4]4282_]
6. At the time of the occurrence set forth in plaintiff's complaint and at present, the
petitioner, May Trucking Company is incorporated in the state of Idaho, with its principal place
of business in Salem, Oregon.
7. At the time of the occurrence set forth in plaintiff's complaint and at present,
defendant Arnold W. Wilson resided in Washington.
8. According to the complaint, plaintiff is a citizen of the Commonwealth of
Pennsylvania residing at 803 Allenview Drive, Mechanicsburg, P A.
9. The complaint indicates that the within action arises out of a motor vehicle
accident. The complaint further alleges the plaintiff is seeking a sum in excess of $25,000.00 for
the damages she allegedly suffered as a direct result of the motor vehicle accident.
10. In paragraph 8 of her complaint, plaintiff alleges that, as a result of the motor
vehicle accident giving rise to the instant litigation, plaintiff sustained the following injuries:
a. Fracture of the left sixth rib;
b. Contusion of the left frontal scalp;
c. Fracture oftooth number 14;
d. Cervical and lumbar strain and sprain;
e. Multiple contusions of the left orbit, left upper extremity, and left axillary
area; and
f. Post concussion syndrome.
11. Although the petitioners dispute plaintiff's alleged claims, a reasonable reading of
the value of the claims asserted by the plaintiff in this litigation indicates that these claims, if
proven, exceed the sum or value of seventy-five thousand dollars ($75,000.00), exclusive of
4]4282_]
interests and costs. See Angus v. Shiley, 989 F.2d 142 (3rd Cir. 1993); Samuel-Bassett v. Kia
Motors, 143 F.Supp.2d 503 (E.D. Pa. 2001).
12. This Honorable Court would have had original jurisdiction over plaintiff's alleged
claims against petitioners as reflected in the attached complaint premised upon a diversity of
citizenship, pursuant to 28 U.S.C. Section 1332(a).
13. As jurisdiction is proper, as established in the matter as reflected in the complaint
attached as part of Exhibit "B", petitioners seek removal to the United States District Court for
the Middle District of Pennsylvania pursuant to the provisions of 28 U.S.C. Section 1441.
14. Petitioners desire to and hereby do remove the action reflected in the complaint
attached as Exhibit "B" from the Court of Common Pleas of Cumberland County to this United
States District Court for the Middle District of Pennsylvania, within which District the action is
presently pending.
414282_1
~ ~.~
WHEREFORE, petitioners pray that the lawsuit reflected in the complaint attached
hereto as Exhibit "B" be removed to this Court pursuant to the laws of the United States in such
cases made and provided.
GERMAN, GALLAGHER & MURTAGH
By:
jJfr f q
Robert P. Corbin, Esquire
The Bellevue, 200 S. Broad St., Suite 500
Philadelphia, PA 19102
(215) 545-7700
Attorney for Defendants
May Trucking Company and
Arnold W. Wilson
414282_1
..~~....
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JANEEN RENE WALTZ
In the Court of Common Pleas of
Cumberland County
v.
ARNOLD W. Wn..SON
No. 06-3405 Civil Term
and
MAY TRUCKING COMPANY
PROOF OF FILING
ROBERT P. CORBIN, ESQUIRE, being duly sworn according to law, deposes and says
that he is the attorney for the petitioners May Trucking Company and Arnold W. Wilson, and
that he did file with the Prothonotary of Cumberland County a copy of the Petition for Removal
and all attachments thereto by hand delivering a copy of same to the Office of the Prothonotary
of Cumberland County on this J ~ day of ~ <:...e Nl ~ , 2006.
4-Bu
ROBERT P. CORBIN, ESQUIRE
414282_1
CERTIFICA TE OF SERVICE
The undersigned certifies that a true and correct copy of the within Petition for Removal
was served upon the parties listed below by United States First Class Mail, postage pre-paid on
/ J /1 !ol:, and addressed as follows:
Elliott B. Su1cove, Esquire
Black and Davison
82 West Queen Street
Chambersburg, P A 17201
GERMAN, GALLAGHER & MURTAGH
By:
ktv-? C?
Robert P. Corbin, Esquire
The Bellevue, 200 S. Broad St., Suite 500
Philadelphia, PA 19102
(215) 545-7700
Attorneys for Defendants
May Trucking Company and
Arnold W. Wilson
414282_1
Exhibit "A"
..
"
Commonwealth of Pennsylvania
County of Cumberland
WRIT OF SUMMONS
Court of Common Pleas
JANEEN RENE WALTZ
Plaintiff
Vs. No 06-3405 CIVIL TERM
ARNOLD W. WILSON
4715 NORTH GREENWOOD BLVD.
SPOKANE, W A 99205
MAY TRUCKING COMPANY,
4185 BROOKLAKE ROAD
SALEM, OR 97305 In CivilAction-Law
Defendant
To ARNOLD W. WILSON AND MAY TRUCKING COMPANY,
You are hereby notified that JANEEN RENE WALTZ, the Plaintiff(s) has I
have commenced an action in Civil Action-Law against you which you are required to
defend or a default judgment may be entered against you. ~
(j~
(SEAL) . /Prothono
Date JUNE 15,2006
By
Deputy
Attorney:
Name: ELLIOIT B. SULCOVE
Address: BLACK AND DAVISON
82 WES~ QUEEN STREET
P.O.BOX 513
CHAMBERS BURG, P A 17201
Attorney for: Plaintiff
Telephone: 717-264-5194
Supreme Court II) No. 84593
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Exhibit "B"
BLACK
LND
DAVISON
\TTORNEYS AT LAW
12 W. QUEEN STREET
:HAMBERSBURG. PA
17201
7l7.164.519'\
"
.
. \
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
JANEEN RENE WAL Tl,
Civil Action
Plaintiff
v.
No. 06-3405 Civil Term
ARNOLD W. WILSON
and
MAY TRUCKING COMPANY
Defendants
TO: Arnold W. Wilson and May Trucking Company, Defendants
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 claims 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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.
Pennsylvania Bar Association
Lawyer Referral Service
(800) 692-7375 (Pennsylvania only)
or (717) 238-6715
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
JANEEN RENE WALTZ,
Civil Action
Plaintiff
v.
No. 06-3405 Civil Term
ARNOLD W. WILSON
and
MAY TRUCKING COMPANY
Defendants
COMPLAINT
Plaintiff, Janeen Rene Waltz, by and through her undersigned counsel, Elliott B.
Sulcove, files this Complaint against the Defendants, Arnold W. Wilson and May Trucking
Company, and in support thereof avers the following:
1.
Plaintiff is Janeen Rene Waltz, a sui juris adult, who lives and resides in the
Borough of Mechanicsburg, Cumberland County, Pennsylvania, her post office address i
being 803 Altenview Drive in said Borough. I
2.
i
Defendant, Arnold W. Wilson, is a sui juris adult, who lives and resides in the City i
of Spokane, Washington, his post office address being 4715 North Greenwood Boulevard I
in said City.
3. I
I
Defendant, May Trucking Company, is a corporation organizing and existing under !
the laws of the State of Oregon, with principal offices located and being situate in the City I
of Salem, Oregon. its post office address being 4185 Brooklake Road in said City. I
I
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FACTUAL BACKGROUND
4.
On or about January 31, 2006, Plaintiff was operating her 2000 Jeep Cherokee on
State Route 581 West in East Pennsboro Township, Cumberland County, at approximately
4:15 P.M., prevailing time.
5.
At the time and place above set forth, Defendant, Arnold W. Wilson, was operating
a 2004 Volvo tractor-trailer combination, owned by the Defendant, May Trucking Company,
which vehicle was also traveling in a westerly direction. I
6.
At the time and place above set forth, Defendant, Arnold W. Wilson, caused the
vehicle that he was then and there operating to collide with the rear of Plaintiffs vehicle,
causing Plaintiff's vehicle to cross into another lane of traffic, strike a center concrete
barrier, and come to rest in the left westbound lane of the aforementioned public road.
7.
The aforesaid collision was in no manner whatsoever caused by any act or failure
to act on the part of the Plaintiff but was caused solely and exclusively by the negligence
and carelessness of the Defendant, Arnold W. Wilson, as described herein.
8.
In consequence of the collision above alleged, Plaintiff was violently thrown and
tossed about in the automobile she was operating with great force, whereby she sustained
serious injuries, including the following:
A. Fracture of the left sixth rib:
B. Contusion of the left frontal scalp;
C. Fracture of tooth number 14;
D. Cervical and lumbar strain and sprain;
E. Multiple contusions of the left orbit, left upper extremity,
and left axillary area;
F. Post concussion syndrome.
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.
.
9.
As a cOAsequence of the injuries referred to above, Plaintiff is plagued with
persistent pain and functional limitations, and, therefore, avers that her injuries are of a
permanent nature causing residual problems for the remainder of her life.
10.
As a result of the aforesaid injuries, Plaintiff has experienced and will continue to
experience great pain, inconvenience, emotional distress, embarrassment, humiliation, loss
of life's pleasures, and, in the future, she will, throughout the remainder of her life, suffer
great pain, inconvenience, emotional distress, embarrassment and humiliation.
I
11. I
As a direct and proximate result of the aforesaid injuries, Plaintiff has suffered I
permanent disability of a presently indeterminable percentage.
12.
As a further direct and proximate result of the aforementioned injuries, the economic
horizons of Plaintiff have been significantly dimmed.
13.
As a further result of said injuries, Plaintiff has been unable to enjoy the pleasures
of life, and her ability to enjoy said pleasures has been impaired for the remainder of her
naturat life.
FIRST COUNT
JANEEN RENE WALTZ,
Plaintiff
v.
ARNOLD W. WILSON,
14. \
The averments contained in paragraphs 1 through 13, supra, are incorporated I
herein by reference as fully as though set out at large and made applicable to the
Defendant in this Count.
Defendant
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15.
Defendant in this Count is Arnold W. Wilson.
16.
At the time and place above alleged, the negligence and carelessness of the
Defendant in this Count consisted of the following:
A. Defendant's driving and operating the tractor trailer
combination rig, which he then and there had under his
control, recklessly and carelessly and without giving due
regard for the safety of others, including Plaintiff;
B. Defendant's driving and operating the tractor trailer
combination, which he then and there had under his
control, negligently and carelessly without regard for the
presence of the vehicle being operated by Plaintiff in
the westbound lane of the aforementioned public road
as it was then and there situated;
C. Defendant's driving and operating the tractor trailer
combination, which he then and there had under his
control, negligently and carelessly and without regard to
existing conditions present at the time and at the place
of the aforementioned accident;
D. Defendant's driving and operating the tractor trailer
combination, which he then and there had under this
control, negligently and carelessly and without caution
or regard for the rights and safety of Plaintiff;
E. Defendant's driving and operating the tractor trailer
combination, which he then and there had under this
control, negligently and carelessly and in such a
manner as to be unable to avoid striking Plaintiffs
vehicle;
F. Defendant's driving and operating the tractor trailer
combination, which he then and there had under this
control, negligently and carelessly and in such a
manner as to violate various statutes of the
Commonwealth of Pennsylvania, including the following
provisions of the Pennsylvania Motor Vehicre Code:
93310,93361, and 93714;
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G. Negligence per se for violating the provisions of the
Pennsylvania Motor Vehicle Code, including, but not
limited to the following provisions of the Pennsylvania
Motor Vehicle Code: 93310,93361, and 93714.
WHEREFORE, Plaintiff demands judgment against the Defendant in this Count for
damages in an amount in excess of twenty.five thousand ($25,000.00) dollars, together
with costs of suit.
SECOND COUNT
JANEEN RENE WALTZ,
Plaintiff
v.
MAY TRUCKING COMPANY,
Defendant
17.
The averments of paragraphs 1 through 16, supra, inclusive, are incorporated herein
in this Count as fully as though they are set out at large and hereby made applicable to the
Defendant in this Count.
18.
Defendant in this Count is May Trucking Company.
19.
At all times pertinent hereto, Defendant in this Count was acting by and through its
agent, servant, and employee, Arnold W. Wilson, and, therefore, is jointly and severally
\iable for the acts of omission and commission of the said Arthur W. Wilson, who, at the I
time and place above alleged was acting in the course and scope of his employment.
\
20.
In addition to the foregoing, the negligence and carelessness of the Defendant in
this Count consisted of the following:
A. Defendant's failure to supervise properly said Arnold W.
Wilson with regard to the operation of this vehicle at a
safe speed and with complete attentiveness to the
safety of others;
B. Defendant's employing and retaining said Arnold W.
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. .
Wilson when Defendant in this Count knew or should
have known that said Arnold W. Wilson was charged
with and pleaded guilty to traffic violations, all of which
should have indicated to Defendant in this Count that
said Arnold W. Wilson had a propensity to violate the
speeding laws of the Commonwealth of Pennsylvania.
C. Defendant's continuing to employ said Arnold W.
Wilson notwithstanding the foregoing for the purpose of
its own economic gain, i.e. keeping its on-time
distribution system operational, irrespective of the risk
to others.
WftEREFORE, Plaintiff demands judgment against the Defendant in this Count for'
damages in an amount in excess of twenty-five thousand ($25,000.00) dollars, together
with costs of suit.
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Elliott B. Sulcove, Esq.
Black and Davison
82 West Queen Street
ChambersburQ, PA 17201
Telephone No. (717) 264-5194
Attorney 1.0. No. 84593
OF COUNSEL:
Black and Davison
82 West Queen Street
Chambersburg, PA 17201
Telephone No. (717) 264-5194
-6-
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VE~JFICA TION
I, Janeen Rene Waltz, have read the foregoing Complaint which has been drafted
by my counsel. The factual statements andlor denials contained therein are true and
correct to the best of my knowledge, information and belief. I am authorized to make this
Verification.
This Verification is made only as to the factual averments contained therein and not
to legal conclusions and averments authorized by counsel in his capacity as attorney for
the party or parties hereto.
, This Verification is made subject to the penalties of 18 Pa.C.S. ~4904 relating to
urisworr:r 'falsification to authorities which provides that, if I knowingly made false
averments, I may be subject to criminal penalties.
DATE: October "" ,2006
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