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HomeMy WebLinkAbout02-2301EFFECTIVE SOFTWARE PRODUCTS Plaintiff RYSZARD GLOWINSKI, J. H. ROSE TRUCK LINES, INC., HAROLD E. PRYOR, and DAILY EXPRESS INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~);2--.22OI 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 this 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTIClA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrito e en persona o por obogado y amhivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 THOMAS, THOMAS & HAFER LLP '" ~6h ~- 1~3u nla~ke~, E~c~i re Kimberly A. Bohle, Esquire 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 237-7134 EFFECTIVE SOFTVVARE PRODUCTS Plaintiff RYSZARD GLOWlNSKI, J. H. ROSE TRUCK LINES, INC., HAROLD E. PRYOR and DAILY EXPRESS INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Docket # 433, .- ~o I CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Effective Software Products, is a business, with offices located at 2038 Lincoln Way East, Chambersburg, PA 17201. 2. Defendant, Ryszard Glowinksi, is an adult individual with his last known address at 250 Mt. Vernon Place, Apt. 12K, Newark, New Jersey 07106. 3. Defendant, J. H. Rose Truck Lines, Inc., is an entity engaged in the business of interstate commerce, regularly conducting business in the Commonwealth of Pennsylvania, and maintaining its principal place of business at 425 N. Motel Boulevard, Las Cruces, New Mexico, 88055. 4. Defendant, Harold E. Pryor, is an adult individual with his last known address at P.O. Box 78, Pratt, West Virginia, 25162 5. Defendant, Daily Express Inc., is an entity with its principal place of business located at 1076 Harrisburg Pike, Carlisle, Pennsylvania, 17013. 6. At all time relevant hereto, Defendant, Ryszard Glowinski, was operating his vehicle through and during the course of his employment with J.H. Rose Truck Lines, Inc. 7. At all time relevant hereto, Defendant, Harold E. Pryor, was operating his vehicle through and dudng the course of his employment with Daily Express, Inc. 8. By virtue of payments made by it, Penn National Insurance Company has become subrogated to all rights of recovery for property damages incurred by Effective Software Products as a result of the negligence of the Defendants. 9. The acts and occurrences hereinafter related took place on September 20, 2000, when a vehicle owned by Effective Software Products and operated by Terry Lee Hockensmith was traveling southbound on SR 81, Cumberland County, Pennsylvania, and he came to a stop due to traffic conditions. 10. At said time and place, Defendant, Ryszard Glowinski, dudng the course of his employment with J. H. Rose Truck Lines, Inc. Inc., with its knowledge and consent (express or implied), was operating his vehicle in a reckless, careless and negligent manner, southbound on SR 81, Cumberland County, Pennsylvania, and he failed to maintain situational awareness of the traffic ahead of him and was unable to bdng his vehicle to a stop behind the vehicle of the Plaintiff, striking the rear of Defendant Pryor's vehicle. 11. At said time and place, Defendant, Harold E. Pryor, during the course of his employment with Daily Express, Inc., with its knowledge and consent (express or implied), was operating his vehicle in a reckless, careless and negligent manner, southbound on SR 81, Cumberland County, Pennsylvania, and he failed to maintain situational awareness of the traffic ahead of him and was unable to bring his vehicle to a stop behind the vehicle of the Plaintiff, striking the rear of Plaintiff's vehicle. COUNT I EFFECTIVE SOFTWARE PI~ODUCTS V. RYSZARD GLOWINSKI 12. The averments of paragraph 1 through 11 are incorporated herein and made a part hereof as if set forth in full. 13. At all times material hereto, Defendant, Ryszard Glowinski was operating the vehicle as the agent, servant and/or employee of Defendant, J. H. Rose Truck Lines, Inc. 14. manner: Defendant, Ryszard Glowinski was reckless, careless and negligent in the following (a) Failing to maintain control of his vehicle: (b) Operating his vehicle at a speed greater than that which he could safely proceed at the time, date and place; (c) Operating his vehicle at a speed too fast for conditions; (d) Operating his vehicle in a reckless manner; (e) Failing to avoid colliding or causing and contributing to colliding with Plaintiff's vehicle; (f) Failing to keep a proper lookout for oncoming traffic; (g) Failure to keep his vehicle under such control as to be able to stop within the assured clear distance ahead; (h) Operating his vehicle in careless disregard for the safety of others in violation of 75 Pa.C.S,A. {}3714. 15. As a result of the carelessness, recklessness and negligence of Defendant, Ryszard Glowinski, Plaintiff Effective Software Products was caused to sustain property damage to their vehicle in the amount of $19,560.76. WHEREFORE, Plaintiff demands judgment in its favor against Defendants in the amount of $19, 560.76, together with interest and cost and requests that that this case be mandated to arbitration as the amount in controversy does not exceed mandatory arbitration limits. COUNT II EFFECTIVE SOFTWARE PRODUCTS V. J. H. ROSE TRUCK LINES, INC. 16. The averments of paragraphs 1-15 are incorporated herein and made a part hereof as if set forth in full. 17. At all times material hereto, Defendant, Ryszard GIowinski, was operating his vehicle as the agent, servant and/or employee of Defendant, J.H. Rose Truck Lines, Inc., and as such J.H. Rose Truck Lines, Inc. is liable to Plaintiff pursuant to the doctrine of agency and/or respondeat superior. WHEREFORE, Plaintiff demands judgment in its favor against Defendants in the amount of $19, 560.76, together with interest and cost and requests that that this case be mandated to · arbitration as the amount in controversy does not exceed mandatory arbitration limits. COUNT III EFFECTIVE SOFTWARE PRODUCTS V. HAROLD E. PRYOR 18. The averments of paragraph I through 17 are incorporated herein and made a part hereof as if set forth in full. 19. At all times material hereto, Defendant, Harold E. Pyor was operating the vehicle as the agent, servant and/or employee of Defendant, Daily Express Inc. 20. Defendant, Harold E. Pryor was reckless, careless and negligent in the following manner; (a) (b) (c) (d) (e) (0 (g) (h) Failing to maintain control of his vehicle: Operating his vehicle at a speed greater than that which he could safely proceed at the time, date and place; Operating his vehicle at a speed too fast for conditions; Operating his vehicle in a reckless manner; Failing to avoid colliding with Plaintiff's vehicle; Failing to keep a proper lookout for oncoming traffic; Failure to keep his vehicle under such control as to be able to stop within the assured clear distance ahead; Operating his vehicle in careless disregard for the safety of others in violation of 75 Pa.C.S.A. {}3714. 21. As a result of the carelessness, recklessness and negligence of Defendant, Harold E. Pryor, Plaintiff Effective Software Products was caused to sustain property damage to their vehicle in the amount of $19,560.76. WHEREFORE, Plaintiff demands judgment in its favor against Defendants in the amount of $19, 560.76, together with interest and cost and requests that that this case be mandated to arbitration as the amount in controversy does not exceed mandatory arbitration limits. COUNT IV EFFECTIVE SOFTWARE PRODUCTS V, DAILY EXPRESS INC. 22. The averments of paragraphs 1-21 are incorporated herein and made a part hereof as if set forth in full. 23. At all times material hereto, Defendant, Harold E. Pryor, was operating his vehicle as the agent, servant and/or employee of Defendant, Daily Express, Inc., and as such Daily Express, Inc. is liable to Plaintiff pursuant to the doctrine of agency and/or respondeat superior. WHEREFORE, Plaintiff demands judgment in its favor against Defendants in the amount of $19, 560.76, together with interest and cost and requests that that this case be mandated to arbitration as the amount in controversy does not exceed mandatory arbitration limits. :126526.1 By: Respectfully submitted THOMAS, THOMAS & HAFER LLP J !~rFLOONLAC~ER, ESQUIRE I.D. No. 73112 KIMBERLY A, BOHLE, ESQUIRE I.D, No. 87565 305 N. Front St,, POB 999 Harrisburg, PA 17108 (717) 237-7134 Attorneys for Plaintiff VERIFiCATiON I Verify that I am a Representative of the Plaintiff in the foregoing action, and that the attached Complaint is based upon the information which has been gathered by us, our Counsel and/or others on our behalf in preparation of this lawsuit. The language of this Complaint is that of counsel and is not ours. I have read the Complaint, 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 our knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, We have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 PA C.S.§ 4904 relating to unsworn falsifications made to authorities. Date: ~ O.q~"~:3o~. Cl Jolm A. Statler, Esquire Attorney L D. No. 43812 GOLDBERG, KATZMAfl & ~H IPMAN, P.C. 320 Market Street P.O. Box 1268 HanSsburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Defendants Harold E. Po/or and Daily Express, Inc. EFFECTIVE SOFTWARE PRODUCTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION- LAW RYSZARD GLOWlNSKI, : NO 02-2301 CIVIL TERM J. H. ROSE TRUCK LINES, INC., : HAROLD E. PRYOR, and : DAII.y EXPRESS, INC., : Defendants : PRAEC PE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Goldberg, Kat~imn and Shipman, P.C., as attorneys for Defendants Harold E. Po/or and Daily Express, Inc. in the above- captioned action. DATE: ~//Y- /0 ~ 79547.1 By GOLDBERG, KATZMAN & SHIPMAN, P.C. John A. Statler,~' Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Harold E. Po/or and Daily Express, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the [ ~" ~'~ day of ]M/> ~ ,2002, addressed to the following: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Ryszard Glowinski 250 Mount Vernon Place Apt. 12-K Newark, NJ 07106 J. H. Rose Truck Lines, Inc. 425 North Motel Boulevard Las Cruces, NM 88055 Respectfully submitted, By GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Harold E. Pryor and Daily Express, Inc. SHERIFF'S RETURN - U.S. CASE NO: 2002-02301 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EFFECTIVE SOFTWARE PRODUCTS VS. GLOWINSKI RYSZARD ET AL R. CERTIFIED MAIL Amended County, within prepaid, on the 10th day of May ,2002 250 MT VERNON PLACE APT 12K Thomas Kline , Sheriff of Cumberland Pennsylvania, who being duly sworn according to law served the named DEFENDANT ,GLOWINSKI RYSZARD by United States Certified Mail postage __ at 0000:00 HOURS, at NEWARK, NY 07106 and attested copy of the attached COMPLAINT & NOTICE with , a true Together The returned receipt card was signed by 00/00/0000 on Additional Comments: JUST RECEIVED ORIGINAL CERTIFIED MAIL BACK FROM POST OFFICE. IT WAS STAMPED "UNCLAIMED RETURNED TO SENDER" Additional Comments Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 ~. Thomas Kline Sheriff of Cumberland County Paid by THOMAS THOMAS HAFER Sworn and subscribed to before me this /~ day of ~z~ jL A.D. honorary " on 07/25/2002 COUNTY OF CUMBERLAND Office of The Sheriff 1 Courthouse Square Carlisle, Pennsylvania 17013 712~31 2510 0009 1018 7024 Ryszard .... 250 Mt 07106 EFFECTIVE SOFTWARE PRODUCTS Plaintiff Vo RYSZARD GLOWINSKI, J. H. ROSE TRUCK LINES, INC., HAROLD E. PRYOR, and DAILY EXPRESS INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2301 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and discontinued. Dated: 09/17/02 :181566.1 THOMAS, THOMAS & HAFER LLP I.D. No. 87565 305 N. Front St., POB 999 Harrisburg, PA 17108 (717) 237-7134 ATTORNEYS FOR PLAINTIFF