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Home My WebLink About02-2891JASON E. KUTZ, Plaintiff M. S. CARRIERS, INC. and DANIEL CLAY CHURCH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~-&~/ CIVIL ACTION-LAW : : JURY TRIAL OF TWELVE 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Date: June 14, 2002 MARTSON~ ~A~DORFF W ILL IAMS & O TT O AG;o gZyBi. Fl~!leNr; .Jr4'¢ 8ElS3q f~r)e Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JASON E. KUTZ, Plaintiff M. S. CARRIERS, INC. and DANIEL CLAY CHURCH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. a,~-,.~,Pg/ ~ 7'-~_~_- CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. Plaintiff Jason E. Kutz, is an adult individual residing at 40 Comman Drive, Carlisle, Pennsylvania 17013. 2. Defendant Daniel Clay Church, is an adult individual residing at P.O. Box 194, Parksville, Missouri 63336. 3. M.S. Carriers, Inc., is abusiness entity authorized to conduct business in Pennsylvania with an address at 3171 Directors Row, Memphis, Tennessee 38131. 4. On or about July 13,2001, Plaintiff Jason E. Kutz, was the owner and operator of a 1994 Dodge R 2500 pick-up truck, which was sitting on Route 465 near its intersection with Route 174 and Montsera Road. 5. At that time, Defendant Daniel Clay Church was operating a vehicle as an agent's servant or employee of Defendant M. S. Carriers, Inc. directly in front of Plaintiff on Route 465. 6. At that time, traffic was stopped and had been at a stand still for approximately ten minutes. 7. At that time, the Defendants' vehicle had to back up to go around traffic to take a detour when it backed into the front of Plaintiff's vehicle. 8. The collision was caused solely as a result of the negligence, recklessness and carelessness of the Defendant in that Defendant Chumh attempted to back his vehicle before ascertaining whether it could be safely done. 9. The collision between the Plaintiff's and Defendants' vehicle occurred solely as a result of the negligence, recklessness and carelessness of Defendant Church. 10. Defendant M. S. Carriers, Inc. is vicariously liable since Defendant Church was acting as its agent's servant or employee. 11. It is a direct result of the negligence of the Defendant that Plaintiff's vehicle was damaged in the amount of $1,369.10. (A copy of the estimate for the damage to Plaintiff's vehicle is hereby attached as Exhibit "A." WHEREFORE, Plaintiff demands judgment in his favor against Defendants in the amount of $1,369.10, plus interest and costs. Date: June 14, 2002 MARTSON DEARDORFF WILLIAMS & OTTO By ~ George B. Fi~'k Attorney I. D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attomeys for Plaintiff Exhibit A Date: 7/17101 10:01 AM Estimate ID: BG-0213-12 Estimate Version: 0 Committed Profile ID: Mltcbell Damage Assessed By:. 151202 Gerald Walton Appraised For: DONEGAL ! CHERYL Condition Code: Fair Date of Loss: ?rt 3/01 Contact Date: 71t6~01 Deduct/bin: UNKNOWN File Number: EG-0213-12 Claim Number: PAE0348186-72 Insured: JASON KUIZ Addmso: 40 CORNMAN DR CARLISLE, PA 17013 Telephone: Wort; Phone: (717) 249-8159 7~pe of Loss: Collision Received 7/13/01 Home Phone: (717) 7783638 De$cdpllon: Body S~te: VIN: Mileage: OEM/ALT: Cokx: Ophone: Mltche~ 8ef~ce: 914527 1094 Dodge PIcJmp R2500 Vehicle Production Date: 1/94 2D Pkup 8' Bed 135' WB Drive Train: 5.9L Turbo InJ 6 Cy~ Dnl 4WD 1BTKF26G2R85gg2T/' UGen~: YV-67216 PA 130,704 O 8semh Code: B17113 SLACK ~ 4 WHEEL DRIVE, AI~ CONDITIONING, POWER STEERING, POWER BRAKES, POWER WINDOWS POWER DOOR LOCK8, TILT STEERING WHEEL, CRUISE CONTROL, AM-FM STEREO CASS= ~ ~ E SLIDING REAR WINDCllN, AUTOMATIC TRANSMI881ON, STEP BUMPER, V8 DIESEL ENGINE MANUAL REMOTE IERROR 2-DOOR PiCKtJp ** ALL SUPPLEMENTAL REPAIRS MUST BE APPROVED PRIOR TO THEIR COMPLETION BY TH~ APPRAISER OR INSURANCE COMPANY ** : · SUPPLEMENTAL CHARGES DISCLAIMER: Any supplemental r~pair charges may be rejected unless' otherwise approved by the appraiser or insurance c~m~any prior to such supplemental repairs. Line Enby Libor Line Item Part ~Jpe/ Item Number Type Operation Description Part Number I AUTO BDY OVERHAUL FRT BUMPER ASSY Dollar Lab~ Amount Units 1.4 2 436267 BDY REMOVE/REPLACE FRT BUMPER FACE BAR 55274749 3 4010~1 BDY REMOVE/REPLACE FRT UPR BUMPER FILLER COVER 55076610AB 4 438269 BDY REMOVB/REPLACE R FRT BUMPER MOUNTING RIVET 6503880 S 436270 BDY REMOVE/REPLACE L FRT BUMPER MOUNTING RIVET 6S03860 6 401150 BDY REMOVE/REPLACE R FRT OTR BUMPER MOUNTING BRACKET 5S234724 7 401160 BDY REMOVE/REPLACE L FRT OTR BUMPER MOUNTING BRACKET 55234725 8 401170 BDY REMOVE/REPLACE R FRT INR BUMPER MOUNTING BRACKET 55076406 9 401180 BDY REMOVE/REPLACE L FR'[ INR BUMPER MOUNTING BRACKET 55076407' 10 401250 BDY REMOVE/REPLACE FRT BUMPER LICERSE A'I'FACHMENT PKG 55295455 11 401380 BDY REMOVEr. JREPL.ACE GRILLE 55055252 12 401430 BDY REMOVE/REPLACE GRILLE BRACKET 55076476AB ESTIMATERECAJ. LNUMBER: 71t7/01 10:01:21 BG-0213-12 UltrsMate Is n Trademark of Mitchell International Mitchell Data Version: JUL_0t_A Copyflght (C) 1994 - 2000 Mitchell International Uitr~Mnte Vernon: 4.7.007 All Rlghta Rseerved Kx. LBTT "At' 310.00 INC 76.20 INC 1.50 INC 1.~0 INC 23.10 INC 23.10 29.95 INC 29J5 INC 22~0 INC 210.00 INC # 58.~0 OA # Page I of 4 13 400012 BDY 14 AUTO REF 15 AUTO REF 16 933012 BDY * 17 AUTO 18 AUTO REP.MR REFINISH ADD'L OPR ADD'L OPR ADD1. COST ADD'L COST HOOD PANEL HOOD OUTSIDE CLEAR COAT 8TRJPE PAINTAMATERIAI.$ HAZARDOUS WASTE OISPOSAL * ' Judgement Item # - Labor Note Applies C - Included In Clear Coat Calc Date: 7/17101 10:01 AM .' Estimate ID: BG-0213-12 Estimate Version: 0 Committed Profile ID: Mitchell Existing 4.5* C 3.0 1.2 15.00* 0.4' 75.60 * 3.0~ ° Rmtlark~ HOOD WILL NOT OPEN DUE TO PRIOR CONDIllON OF FINISH,THERE 18 NO TINT OR BLEND Prior Damage PAINT AND BED DAMAGE ** KEY TO ABBREVIATIONS USeD IN APPP~LB LABOR TYPES: BDY-Body BDS- Body Structure ~-Fr~e M~-Mech~i~al ~DITIO~ OPE~TIONS/I~8= ~D~L-Add~t~o~l Q~-Quarter ~- F~er FRT- Front RR-' Right ~H- ~per L~- L~er ~- Outer I~-I~er ASSY s~l~ SUSP-Suspension EXT- ~t~ston BRKT-Bracket INST- Znst~t ~N- Recondit~on AT~- Ass~ly Time ~ide QU~- ~PL-Replac~t ~- Mold~n~ ~-Afte~rket O~- Original E~ip~t M~ufacturer O/H- Overhaul A/C- ~r C~tioner INCL-Included RaI- R~ve ~d Install RaH- ~e ~d Replace ~- Radiator S~T- Su~ort H/~- Headl~ W/SHI~-W~ndsh~eld H/L- Headl~ T/L- Ta~ll~ MISC- M~sce11~e~s F~ DIS~OS~E~ ~y person who ~tn~ly or aefraud ~y insur~ce c~y or other person files ~ applicat~on Eot ~nsur~ce or stat~nt of claim contain~n~ ~y ~ter~ally false info~t~on or conceals for the pu~ose of ~sleadin~, conce~n~ ~y fact ~ter~al thereto c~=s a fraudul~t act, which is a crime ~d s~Jects the person to trina1 ~d civil penalties. 'kPPRA------------------/$AL ESTIMATE RECALL NUMBER: 7117/01 10:01:21 BG-0213-12 UltmMMe Is a Trademark of Mitchell Intm~mtJonal MHcheti Data Version: JUL_01_A Copyright (C) t 994 - 2000 Mitchell International Ultrablate Varslon: 4.7.007 All Rl~hte Reserved Page 2 of 4 Date: ?/17/01 10:0t AM ' Est]mate ID: BG-0213-12 Estimate Version: 0 Committed Profile ID: Mitchell Labor Subtotals Unite Body 6.7 38.00 Refinish 4.2 38.00 Taxable Labor Labor Tax Add'l Labor Sublet Rate Amount Amount Totals Labor Summary 10.9 15~00 0.00 269.60 T 0.00 0.00 159.60 T 429.20 6,000 % 25.75 454.95 Part Rep~aesment Summary Taxable Parts Sales Tax ~ Total Replacement Paris Amount 6.OO0% 783.8 47.0 830.8: Ill. Additional Costs Taxable Costs Sales Tax Total Additional Costs Amount 8.000% ~ '~ 4.72 83,32 N. Adjustments Customer Responsibility Point(s) of b'npant 12 Front Centsr (P) i '. IV. ~ .TntalAd)'u~ments: · ' Net Totel: Insp~tion 81te: RESIDENCE CARLISLE, PA Inspection Date: 7/16/01 Total Rephcomont P~te: Total AddiBonM Co~s: ~'~ ~ Gro~s Total: 454.9! 830.8~ 83.3; 1,36.9.1C O.OC 1,369.1C Body Shop: APPRAJSAL ONLY ESTIMATE RECALL NUMBER: 7/17/01 10:01:21 BG*021~-12 : UltrsMIte b i Trsdemed~ of Mitchell Internet]onel Mitchell Data Version: JUL_0f_A C~j~lght (C) 1994 - 2000 Mitchell International UltrsMats Yemlon: 4.7.007 All RIghte ~rved of 4 Date: 7/17/01 10:01 AM Estimate ID: BG-0213-12 Estimate Version: 0 Commlttod Profile ID: Mitchell REPAIR COST DISCLOSURE: Costs above the appraised ~m_ount may he the responsibility of the vehicle owner. PARTS LOCATIONS: OEMparts can be obtained at an O~Mdealership. The names of where any non-OEM parts used can be purchased is listed above AFTZRMARKET CRASH PARTS(AFTER]O~RKET or AFTERMARKET CAPA)= A non-original ec~ipment manufacturer (non-oem) replacement part, either new or used, for any of the non-mechanical parts that genteelly constitute the exterior of the motor vehicle, including inner and outer panels. This appraisal will indicate if aftermarket crash parts are specified by statin~ "A£termarket. or "Aftermarket CAPA.. If use of such parts voids the warranty on the part being replaced or any other part, the aftermarket crash part shall have a warranty sc/ual'to or better than the r~m~nder of the existing warranty. ,~ ~ QUALI.TY_RECY~LF~.. PA~TS/USED(QUAL RECYCLED PART)~If appraisal specifies recycles pares ~neymust be of like kind and c~uality orbetter than those being replaced. AUTHORIZATION TO REPAIR= This ia not an authorization to repair Vehicle owner is responsible for authoriz~ng shop to begin repairs. If vehicle owner is a'third party or cla/mant, the insurance company should be contacted to confirm liabilit~ coverage before authorizing repairs. CUSTOMER C~OICE OF SHOPS: Selection of the repair shop is the responsibility of the vehicle owner. ob ..... Vehicle owner is under no · ~ganLon =o use any specific repair shop. The ~nsurer will p~ovtde, upon request, information regarding repair facilities that w~ll be able to repair the vehicle for the appraised amount. CHARGES DISCLAIMER: Any additional towing or storage charges incurred may become the responsibility of the vehicle owner after a t/me ESTIMATE RECALL NUMBER: 7/17/01 10:01:21 8G-0213-12 UltraMato lea Trademark of Mitchell International Mitchell Data Version: JUL_0t_A Copyright (C) 1994 - 2000 I ,ltraMateVerslon: 4.?.007 AllRIohteRme~l~'l~'~"~l~/~L-JT"S ~ 'r Page , of 4 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document 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. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. JASON E. KUTZ, Plaimiff VS. M.S. CARRIERS, INC. AND DANIEL ' CLAY CHURCH, Defendants · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-2891 CIVIL TERM CIVIL ACTION-I_,AW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. D~ISCONTIN~UE & END CASE. ~ TO: PROTHONOTARY Cumberland County, Pennsylvania Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED. DATE: ql.~OolL') ~'' BY: Respectfully submitted, Ge0~B~. Pali~; Jr.~ E'~4uire ' Ten East High Street Carlisle, PA 17013-3093 Phone # 243.-3341 Attorney for Plaintiff \05_A\LIABLKBMXSLPG~10051 I'xELZ~07000\001 l 3 JASON E. KUTZ, Plaimiff M.S. CARRIERS, INC. AND DANIEL ' CLAY CHURCH, Defendants ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-2891 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED CERTIFICATE OF SERVIC_[[ I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do . \~ day of December, 2002, served a copy of the foregoing hereby certify that on this_ document via First Class United States mail, postage prepaid as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013-3093 oanne M. Parr