Loading...
HomeMy WebLinkAbout94-02657 ..., l{) -9 (0 I -::T CT jlj' ROBERT STONE, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. q4 - r) ~S'7 C'~L~) Vv'rv---' . . vs. . . . . DAVID ALLEN GEHR, DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants : . . . . : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse carlisle, PA 17013 (717) 240-6200 42900/MLS ROBERT STONE, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9'1- .;l (, ~-1 c..;"..;.t I.u..- vs. . . : DAVID ALLEN GEHR, DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants . . . . JURY TRIAL DEMANDED COMPLAINT 1. plaintiff Robert Stone is a citizen of the Commonwealth of Pennsylvania and an adult individual who resiues at 240 West Columbia Road, Enola, Cumberland county, Pennsylvania. 2. Defendant David Allen Gehr is an adult individual and citizen of the commonwealth of pennsylvania who resides at 859 Old Silver spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant Dervin H. Garman, Jr. is an adult individual employed by Defendant Dayton Parts, Inc., and citizen of the commonwealth of Pennsylvaniar who resides at R.D. #2, Newport, Perry county, Pennsylvania. 4. Defendant Dayton Parts, Inc. is an entity which performs business within the Commonwealth of Pennsylvania, located at 3500 Industrial Park Road, Harrisburg, Dauphin county, Pennsylvania. 5. The facts and occurrences hereinafter related took place on or about March 5, 1993 at approximately 3:50 p.m. on State Route 0011 (Route 11), Silver spring Township, Cumberland County, Pennsylvania. 6. At that time and place, Mr. Stone was operating his motor vehicle, a 1972 Chevrolet Nova, in a north bound direction on Route 11, in the left traffic lane. 42900/MLS 7. At the same timer Defendant Gehr was operating a 1988 Chevrolet Truck in a north bound direction on Route 11 and was travelling in the left lane of travel, following Mr. stone's vehicle. 8. At the same time, Defendant Garman was operating a 1985 Chevrolet Truck, registered to Defendant Dayton Parts Inc., his employer, in a north bound direction on Route 11 and was travelling in the left lane of travel, following Defendant Gehr's vehicle. 9. Mr. stone was stopped in traffic waiting for a red light and his vehicle was struck in the rear by Defendant Gehr's vehicle. 10. Immediately thereafter, Defendant Garman, driving a truck while in the scope of employment with Defendant Dayton Parts, Inc., collided with the rear portion of Defendant Gehr's vehicle, pushing it into Mr. stone's vehicler causing a second impact. 11. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff stone are the direct and proximate result of the negligent, careless, wanton and reckless manner in which each of the Defendant Gehr and Defendant Garman, while in the scope of his employment with Dayton Partsr Inc., operated their motor vehicles as follows: a. failure to have their vehicles under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to apply their brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle; d. e. f. g. failure to keep a proper watch for traffic on the highway; failure to drive their vehicles with due regard for the highway and traffic conditions which were existing and of which they were or should have been aware; failure to keep proper and adequate control over their vehicles; and driving their vehicles upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT I ROBERT STONE .Y... DAVID ALLEN GEHR, DERVIN H. GARMAN. JR., AND DAYTON PARTS, INC. 12. All of the foregoing allegations contained within paragraphs 1 through 11 are hereby incorporated by reference. 13. Mr. Stone sustained painful and severe injuries which include but are not limited to a lumbo-sacral sprain and strain with radiculopathy and a herniated disc. 14. By reason of the aforesaid injuries sustained by Mr. Stone, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 15. Because of the nature of his injuries, Mr. Stone has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 16. As a result of the aforementioned injuries, Mr. Stone has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforesaid injuries, Mr. stone has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 18. As a result of the aforementioned injuries, Mr. stone has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 19. As a result of the aforesaid injuries, Mr. stone has sustained uncompensated work loss, and claim is made therefor. 20. Mr. stone continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor, WHEREFORE, Plaintiff stone demands judgment against Defendants Gehr, Garman and Dayton Parts, Inc. in an amount in excess of Twenty Thousand ($20,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. Dated: 51nl q~ v~d L. Lu z I.D. No. 35 5 4503 North Front street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiff OBERT STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. vs. AVID ALLEN GEHRr ERVIN H. GARMAN, JR" and AYTON PARTS, INC., Defendants JURY TRIAL DEMANDED DIRECTIONS FOR SHERIFF Please serve Defendant David Allen Gehr, at his place of residence t 859 Old Silver Spring Road, Mechanicsburg, cumberland county, ennsylvania, by leaving a copy of the enclosed complaint with him or ith an adult relative or with an adult/person in charge at that time. Please serve, by deputized service, Defendant Dervin H. Garman, r., at his place of residence at R.D. #2, Newport, Perry county, ennsylvania, by leaving a copy of the enclosed Complaint with him or ith an adult relative or with an adult/person in charge at that time. Please serve Defendant Dayton Parts, Inc., at their place of usiness at 3500 Industrial Park Road, Harrisburg, Dauphin County, ennsylvania, by leaving a copy of the enclosed Complaint with him or ith an adult relative or with an adult/person in charge at that time. Respectfully submitted, ../ ated: ~ 1111Clf Da d L, squ1re 1.0. No. 35956 4503 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for plaintiff 42900/MLS . , VERIFICATION I, ROBERT STONE, Plaintiff, have read the foregoing COMPLAINT and o hereby swear or affirm that the facts set forth in the foregoing are rue and correct to the best of my knowledge, information and belief. understand that this Verification is made subject to the penalties of 8 Pa.C.S.A. 54904, relating to unsworn falsification to authorities. ;UtI j;. ~M :ROBERT STONE tJ\lllc,~ .. ~ , , ROBERT STONE, * Plaintiff * * v. * * DAVID ALLEN GEHR, DERVIN H. * GARMAN, JR., and DAYTON PARTS, * INC" * Defendants * * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 94-2657 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of Defendants, Dervin H, Garman, Jr. and Dayton Parts, Inc. in the above-captioned matter. By: Timothy Attorney 3631 Nor Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants Dervin H. Garman, Jr. and Dayton Parts, Inc. Dated: June 6, 1994 31595 .., , CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of sarne in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David A, Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff By: CALD~KEARNS I Timothy ,Mark, Esquire Attorney I D. #27758 3631 Nor Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants Dervin H, Garman, Jr, and Dayton Parts, Inc. Dated: June 6, 1994 31599 1 1 I ! j " , i ! I I 1 I I I , I 1 I I 1 I I I I Robert Stone -vs- David Allen Gehr Dervin H. Garman, Jr. Dayton Parts Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2657 Civil 1994 Complaint in Civil Action Law and Notice To Defend Michael E. Barrick, Deputy Sheriff who being duly sworn according to law says on June B, 1994 at 3:10 o'clock P.M. E.D.S.T" he served a true copy of Complaint in Civil Action Law and Notice To Defend, in the above entitled aciton upon one of the within named defendants to wit: David Allen Gehr, by making known unto Margaret Gehr, Mother at 59 Hellam Drive, Mechanicsburg, Cumberland county, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. R. Thomas Kline Sheriff who being duly sworn according to law, says he made diligent search and inquiry for the within named defendant to wit: Dervin H. Garman Jr, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Complaint in Civil Action Law and Notice To Defend according to law. PERRY COUNTY RETURN:George W. Frownfelter, Sheriff who being duly sworn according to law, says that he made diligent search and inquiry for the within named defendant to wit: Dervin H. Garman, Jr. but was unable to locate him in his bailiwick. He therefore returns the Complaint & Notice "NOT FOUND" as to the within named defendant Dervin H. Garman Jr. So answers: George W. Frownfelter Sheriff Perry County Perry county return is hereto attached. R. Thomas Kline, Sheriff who being duly sworn says he made diligent search and inquiry for the within named defendants to wit: Dervin H. Garman Jr., and Dayton Parts, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, to serve the within Complaint in Civil Action Lawand Notice To Defend according to law. DAUPHIN COUNTY RETURN: And now: June B, 1994 at 2:30 P.M. Served the within Complaint & NOtice upon Dervin H. Garman, Jr. by personally handin to Dervin H. Garman Jr. a true and attested copy of the original Complaint & Notice and making known unto him at his place of employment, Dayton Parts, 3500 Industrial Park Road, Dauphin County, Pa, 17110 So Answers: William H. Livingston Sheriff And now: May 24th 1994 at 10:12 A.M. served the within Complaint & Notice upon Dayton Parts Inc. by personally handing to Mike Mottola, Director Human Resources and person in charge at time of service a true and attested copy of the original Complaint & Notice and making known to him the contents thereof at their place of business 3500 Industrial Park, Road, Harrisburg, Pa. So answers: William H. Livingston Sheriff Dauphin County Return is hereto attached. So answers: R. Thomas Kline, Sheriff ~/+;%~~ // , ." , . -' .... . - \ ~-' ,/' By /2- '. /, - . ,--/'~ Deputy Sheriff ---! Sheriff's Costs: Docketing Service Surcharge Out of County Dauphin Perry County 22.00 7.84 6.00 10.00 Advance costs: 150.00 24.25 Sheriff's Costs 82.09 12.00 $ 67.91 $ 82.09 refund to atty 6-13-94 Sworn and Subscribed To Before Me This NIJ:- Day Of~ 1994. A. D. tl '-{,....... d 11~'./l,. 1,c..Ppt; ; p~t\onotary I ., . . Sl1erifl's !leturn COIUIONWSALTH OF PKNNSYLV ANlA COUNTY OF PEBBY Robert Stone In U1e Court of COlDJllon PI... of Cumberland Count;y, Pelll\qlvaaia, No, 94-2657 VB Dervin H. Garman, Jr. . him Complaint & 10 h1a bailiwick, He theretore retllnil the Notice Dervin H. Garman, Jr. "NOT FOUND", u to the wltbln named detenwt, 'I Sbarltt'e cOlte: DAB Serv Cop, III Aft " '. SWo!'Q ud wblcrlbed to before ..... mall1k..i1 cia)' of _ p+ __Ii U-A,D, ,/ ~ /"~~r' - =~lr COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 94-2657 PAGE 108 AND NOW: June 8th, 1994 ,at 2:30 p,M. SERVED THE UPON BY PERSONALLY WITHIN Complaint & Notice Dervin H, Garman, Jr, HANDING TO Dervin H, Garman, Jr, A TRUE ATTESTED COpy OF THE ORIGINAL Complaint & Notice AND MAKING KNOWN TO him THE CONTENTS THEREOF AT his place of employment, Dayton Parts, 3500 Industrial Park Road, Dauphin County, Pa. 17110, PM SO ANSWERS -. o/)~~ r;:r ~ SHERIFF OF DAUPHIN COUNTY~ PENNA BY ~7.~ - DEPUTY SHERIFF Sworn and subscribed to before me this 9th ,~ay of June, 1994 0~o~-J!)aW1Ul) SHERIFF'S COST $ 20.50 Pd. 6/1/94 Ree, 055029 SolA COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 94-2657 PAGE 90 AND NOW: May 24th 19 94 ,at 10:12 A, M. SERVED THE UPON BY PERSONALLY WITHIN Complaint & Notice Dayton Parts Inc. HANDING TO Mike Mottola, Director Human Resources and person in charge at time of service A TRUE ATTESTED COPY OF THE ORIGINAL Complaint & Notice AND MAKING KNOWN TO him THE CONTENTS THEREOF AT their place of business, 3500 Industrial Park Road, Harrisburg, Pa, SO ANSWERS W~?{ SHERIFF OF D BY Sworn and subscribed to "'..:...... .,ottf..... Jo.:.~.;:~.. ......~.....~;.~.:~~:.. ..;! .~\ z~:: PROTHONOTARY 19 94 before me this SHERIFF'S COST $ SolA !~ ih~ Court ci C.::mmO:1 Fle::s 01 C:Jr,::::;;it'i::nd c:.:;w';";.:y, ?snr:syl'le:ni::: Robert Stone 'is. Dervin H. Garman, Jr. . ::-10, 94-2657 Civil Tprm ----. :?- ~ow, May 20 1994 :'9_ !. S~~~ O? C~G~..!...A...'lD COt.~,:,y. ?A-, co ::::-...:,., ci.:=u= th.: S'~ oi Perry Cwu:ty :0 :::::".1t: .:"~1I ~,V:i:., .:':<e d.:::u::cu =~ -....:- 1t == ._~.=:t =ri :-=~ of ::::: :"..:-::. ~f)-dP~?? S1e..~ Qt C:"":'u'..:u:ci C~U:n', ?:l. .Af;;dz.vit or - . :::e:-nce So =sw=. Shc::i of CDWln', ?.. =::::s 6yoi lSl_ COSTS ::.c..'<. v"tcz ~au:.~GE A::: llJA'vTI oS 5wcr.::. :me! r.:l:sc=-.:bed be=: s f_ ~-.a I~ _f. Court cr C.:mmo:1 ::1-=-5 . jn~ . -- or Robert Stone 'is. Dervin H. Garman, Jr, - ".. ? I . . ,~, '- "\...... --t .., ,_..." . - ~ ,~~... \.~.,'_.;,:.~I_n...I"._r.:...I, =nr:...y 1_..1-.. ~o. Q4-?657"ri"il ---. :?_- 'rprm :iow, MAY 27. lqq4 :9~ !. SEZ?..z:~ O? C~G:=?..!..A.'i!) COt.~'=Y. .?o\.., CO ==--hy c...::u= = Sh==E oi DRtlohin Cwu:ty :0 :'-'::-.1:: .:.;. ',V:::, ... .. . . ....... ~::u=::cu .:~ -..~- ~t . , :::.: :=u::t ::Cl ::~ at :.:: ?''':-::r. r~ ~~~ Sl,,!..~ 'It ~''''''''e.r'.1:d C~lI:ltT. :':1. Affida.vit or Se--n~ :O;ow, 19 . -- o\:!ca ~L 1=-."':':1 :.:~ wi.:":" ~pol1 ~t by !::u:ciliq :.0 3. c:py ct = :1::~ '_.,r ... :me -~,.:- !cawn :.0 . . :::: .::::t=~ :..~::::t. So =w=. .5hcia" .i Cow:s.CT. ?:. Swat: :md :r.:i::sc:-J:ed bc::= == ::.:s cy oi CC:a ,:) ::.c..'t'V-rc:z ~(!I.:::'.-\G z A:::l..IJA'v"IT .3 !~- __.a..-___. s f_ '-.4 I -, C-UrT' cr" C-mmo"" :::f..,...~ I"'.r" C,,.. ..-.:\l"l'......d :"''''-'''1 nIne... ...,.411 ,..._-;,;)- -..1..._......._" ......,'-'...',1 . Psnt":sylvc:nio Robert ,!;itone 'IS. Dayton Parts, Inc. :-roo 94-2657 ~ivil Term :?- :-iow, May 20 ~9li... !. S:~...!:'? 0:::' C:.nG..:..:'..!..A.'fD COt..~':"? ?A- co h~ ri.:=u= ::.: Sh.=~ oi Dauphin C:Ju:t'f :u ==-.:t.: ':";c ',V:::, ... .. . .. . ... -,..- :::::s ~-pu=::cu =:::q --.-- ~ == ~ ::a. :-~ at == :'~::r. r'~~<:~ SlIe..~ ot C:-':'er'.:d C~W1tT. :':1. . .A. mdavit Or Se:-ri~ :-iow, 19 -- o\:!ca ~t. 1=-.~ :.:.e wi.:":" ~pol1 ~t =r ==6; :D 3- r:::pr oi = :J::~'-.,I ,. mc -~,.:- !cown :0 . . :.::: .::::t=:s :.~:==t. So =w~ sa== of C:nlAtT. ?:. SWtlC .me! s:lesc-.:i:d == ccsrs ::.c..-<. ""'1CZ ~a:U.AGZ .~:JJJA;-rr s =::.::.:s 6yoi !9_ s .- ---I ROBERT STONE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Cf4 .:)057 C( -u.<.'e.. 0~ : : vs. DAVID ALLEN GEHRr DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 TRUE COPY FROM RECORD tn Testimony whereof, I here unto set rrry hand and the II 01 d at Cartls\e, ~:i Thl ,.A d Ut--L 19~ / Pr -02) 42900/MLS ROBERT STONE, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. . . vs. : DAVID ALLEN GEHR, DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants . . . . . . . . JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sUs defensas 0 sus objeciones alas 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 previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 42900/HLS . vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY r PENNSYLVANIA CIVIL ACTION - LAW NO. ROBERT STONE, Plaintiff DAVID ALLEN GEHR, DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants . . . . . . . . JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Robert Stone is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 240 West Columbia Road, Enola, Cumberland county, Pennsylvania. 2. Defendant David Allen Gehr is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 859 Old Silver Spring Road, Mechanicsburg, Cumberland county, Pennsylvania. 3. Defendant Dervin H. Garman, Jr. is an adult individual employed by Defendant Dayton Parts, Inc., and citizen of the Commonwealth of Pennsylvania, who resides at R.D. #2, Newport, Perry County, Pennsylvania. 4. Defendant Dayton Parts, Inc. is an entity which performs business within the Commonwealth of Pennsylvania, located at 3500 Industrial Park Road, Harrisburg, Dauphin County, Pennsylvania. 5. The facts and occurrences hereinafter related took place on or about March 5, 1993 at approximately 3:50 p.m. on State Route 0011 (Route 11), Silver spring Township, Cumberland County, Pennsylvania. 6. At that time and place, Mr. Stone was operating his motor vehicle, a 1972 Chevrolet Nova, in a north bound direction on Route 11, in the left traffic lane. 42900/MLS 7. At the same time, Defendant Gehr was operating a 1988 Chevrolet Truck in a north bound direction on Route 11 and was travelling in the left lane of travel, following Mr. stone's vehicle. 8. At the same time, Defendant Garman was operating a 1985 Chevrolet Truck, registered to Defendant Dayton Parts Inc., his employer, in a north bound direction on Route 11 and was travelling in the left lane of travel, following Defendant Gehr's vehicle. 9. Mr. stone was stopped in traffic waiting for a red light and his vehicle was struck in the rear by Defendant Gehr's vehicle. 10. Immediately thereafter, Defendant Garman, driving a truck while in the scope of employment with Defendant Dayton Parts, Inc., collided with the rear portion of Defendant Gehr's vehicle, pushing it into Mr. stone's vehicler causing a second impact. 11. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff stone are the direct and proximate result of the negligent, careless, wanton and reckless manner in which each of the Defendant Gehr and Defendant Garmanr while in the scope of his employment with Dayton Parts, Inc., operated their motor vehicles as follows: a. failure to have their vehicles under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to apply their brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle; . d. failure to keep a proper watch for traffic on the highway; e. failure to drive their vehicles with due regard for the highway and traffic conditions which were existing and of which they were or should have been aware; f. failure to keep proper and adequate control over their vehicles; and g. driving their vehicles upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT I ROBERT STONE ~ DAVID ALLEN GEHR, DERVIN H. GARMAN. JR.. AND DAYTON PARTS. INC. 12. All of the foregoing allegations contained within paragraphs 1 through 11 are hereby incorporated by reference. 13. Mr. Stone sustained painful and severe injuries which include but are not limited to a lumbo-sacral sprain and strain with radiculopathy and a herniated disc. 14. By reason of the aforesaid injuries sustained by Mr. Stone, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 15. Because of the nature of his injuries, Mr. stone has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 16. As a result of the aforementioned injuries, Mr. stone has undergone and in the future may undergo physical and mental . suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforesaid injuries, Mr. stone has been "-' and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 18. As a result of the aforementioned injuries, Mr. stone has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 19. As a result of the aforesaid injuries, Mr. stone has sustained uncompensated work loss, and claim is made therefor. 20. Mr. stone continues to be plagued by persistent pain and limitation andr therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetimer and claim is made therefor. WHEREFORE, Plaintiff stone demands judgment against Defendants Gehr, Garman and Dayton Parts, Inc. in an amount in excess of Twenty Thousand ($20,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. Dated: 51111 q~ v d L. Lu z I.D. No. 35 5 4503 North Front street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiff ,--- , vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYr PENNSYLVANIA CIVIL ACTION - LAW NO. OBERT STONE, Plaintiff AVID ALLEN GEHR, ERVIN H. GARMAN, JR., and AYTON PARTS, INC., Defendants . . . . . . JURY TRIAL DEMANDED DIRECTIONS FOR SHERIFF Please serve Defendant David Allen Gehr, at his place of residence t 859 Old Silver spring Road, Mechanicsburg, Cumberland CountYr ennsylvania, by leaving a copy of the enclosed Complaint with him or ith an adult relative or with an adult/person in charge at that time. Please serve, by deputized service, Defendant Dervin H. Garman, r., at his place of residence at R.D. #2, Newport, Perry County, ennsylvaniar by leaving a copy of the enclosed Complaint with him or an adult relative or with an adult/person in charge at that time. Please serve Defendant Dayton Parts, Inc., at their place of usiness at 3500 Industrial Park Road, Harrisburg, Dauphin County, ennsylvania, by leaving a copy of the enclosed Complaint with him or ith an adult relative or with an adult/person in charge at that time. Respectfully submitted, A ated: ~1111CJlj- Da d L. squJ.re 1.0. No. 35956 4503 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiff 42900/MLS ROBERT STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. DAVID ALLEN GEHR, DERVIN H, GARMAN, JR. and DAYTON PARTS, INC. , NO, 94-2657 Civil Term JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTBR 1. Admitted, based on information and belief. 2. Admitted, based on information and belief. 3. Denied. Defendant Dervin H. Garman, Jr, resides at 5866 Palm Street, Harrisburg, PA 17112, The reamining allegations are admitted. 4. Denied. Defendant Dayton Parts, Inc. is located at 3500 Industrial Road, Warehouse No.2, Harrisburg, Dauphin County, Pennsylvania and 1300 North Cameron Street, Harrisburg, Dauphin County, Pennsylvania, 5. Admitted. 6. Admitted, based on information and belief. 7. Admitted, based on information and belief. 8. Admitted. 9. Admitted, based on information and belief. 10. Admitted, based on information and belief. 11. (a) - (g) The averments of paragraph 11(a)-(g) are conclusions of law and/or fact to which no responsive pleading is appropriate or necessary under the Pennsylvania Rules of Civil Procedure. By way of further answer, the averments of paragraph 11 (a) - (g) are specifically denied as they relate to Defendants Dervin H. Garman, Jr. and Dayton Parts, Inc. COUNT r Robert Stone v. David Allen Gehr. Dervin H. Garman. Jr. and Davton Parts. rnc. 12. Defendants Dervin H, Garman, Jr, and Dayton Parts, Inc. incorporate their responses to paragraphs 1 through 11 of the Plaintiff's Complaint, 13. Denied, Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 13 and proof thereof is demanded, 14, Denied. Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 14 and proof thereof is demanded. 15. Denied. Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 15 and proof thereof is demanded. 16. Denied. Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 16 and proof thereof is demanded. 17, Denied. Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 17 and proof thereof is demanded. 18, Denied, Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 18 and proof thereof is demanded, 19. Denied. Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 19 and proof thereof is demanded, 20. Denied. Defendants, after reasonable investigation, are without information or knowledge sufficient to form a belief as to the truth of the averments of paragraph 20 and proof thereof is demanded, NEW MATTER 21, Defendants Dervin H. Garman, Jr. and Dayton Parts, Inc. incorporate their Answer to Plaintiff's Complaint, 22. To the extent that any losses, economic or otherwise, were paid or payable under any group plan or other arrangement, Section 1722 of the Motor Vehicle Financial Responsibility Law prohibits the Plaintiff from recovering said amounts in this action, 23, Any injuries and damages approximately caused to the Plaintiff are due to the acts and/or omissions of a person other than the answering Defendants. WHEREFORE, Defendant Dervin H. Garman, Jr. and Dayton Parts, Inc, demand that the Complaint be dismissed and judgment entered in their favor and against all parties without costs to them but together with such costs, expenses and attorney's fees as authorized by law and which the court deems necessary, just and appropriate under the circumstances, Respectfully submitted, CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Date: 1..0 'a.q'q", By Timot Mark, Esquire Attorne 's I,D. #27758 Deborah Cavacini, Esquire Attorney's I.D. #67900 Attorney for Defendants Dervin H. Garman, Jr. and Dayton Parts, Inc, 32590:94332 Verification I, Michael A. Mottola on behalf of Dayton Parts, Inc., verify that the averments made in the Answer with New Matter, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date: ~ "G.O_ 91./ BY~~ Micllael A. Mottola 32414 . . Verification I, Dervin H. Garman, Jr., verify that the averments made in the Answer with New Matter, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date:lc 'c'8_9'1 32414 CERTIPICATE OP SERVICE AND NOW, this aCN-h day of 4LUl<.Q.. Kathy J. Murray, an employee of the law firm of , 1994, I, Caldwell & Kearns, do hereby certify that I have served the foregoing document, in triplicate, on the following by depositing an original and two true and correct copies of same, in the United States mails, postage prepaid, addressed to: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 David Allen Gehr 859 Old Silver Spring Road Mechanicsburg, PA 17055 "'=". tn, ~~" = 0-. .-t VI . , :-, -' ::;l -, ROBERT STONE, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 2657 civil : . . vs. DAVID ALLEN GEHR, DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants . . . . . . JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANTS DERVIN H. GARMAN. JR. AND DAYTON PARTS. :rNe. 21. through 23. Denied. The Defendants have failed to set forth factual allegations that require the Plaintiff to admit and/or deny said factual allegations and therefore paragraphs 21 through 23 are herein denied. WHEREFORE, Plaintiff Robert Stone demands that the New Matter of Defendants Dervin H. Garman, Jr. and Dayton Parts, Inc. be dismissed. Respectfully submitted, Dav d L. I.D. No.3 4503 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiff Dated: ,\c; \C\t1 . . ROBERT STONE, . . Plaintiff . . vs. . . . . DAVID ALLEN GEHR, . . DERVIN H. GARMAN , JR. , and . . DAYTON PARTS, INC. , . . Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 2657 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, MELINDA L. SPICHER, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of ANSWER TO NIDi-MATTER upon all' counsel of record via postage prepaid first class United States mail addressed as follows: Caldwell & Kearns Timothy I. Mark, Esquire 3631 North Front st Harrisburg, PA 17110 Wix, Wenger & Weidner Richard H. Wix, Esquire 200 Prince st Harrisburg, PA 17109 ~~~ER Dated: ,\s\C1Q ~ -- ROBERT STONE, Plaintiff . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 2657 civil vs. . . DAVID ALLEN GEHR, DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants . . . . . . JURY TRIAL DEMANDED PRAECIPE TO: Prothonotary Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Please mark the above-captioned action as settled, discontinued, and ended, and issue a certificate of Settlement. Respectfully submitted, ANGINO & ROVNER, P.C. av d L. Lut , Esqu re I.D. No. 3595 4503 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiff Dated: <6\ \v \l\q 48337/MLS , ..... ROBERT STONE, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 2657 civil . . . . DAVID ALLEN GEHR, DERVIN H. GARMAN, JR., and DAYTON PARTS, INC., Defendants . . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, MELINDA L. SPICHER, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE TO SETTLE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Caldwell & Kearns Timothy I. Mark, Esquire 3631 North Front st Harrisburg, PA 17110 Wix, Wenger & Weidner Richard H. Wix, Esquire 200 Prince st Harrisburg, PA 17109 Dated: 5\ \\o~ct~ ~~ -- en - ;o..~ .co.. ...'C ,..,1- ,:)>--f UnCI; _z...... .....0-..."'(. ~"'t:"c> ~.___1 -- ,..:.~>- ,~ .;;:-,~ .... ;:c- :-. ..J.:~:5 ~- ;~' ~c.. ...=> 0'" ~ en C\I N r-- - g .... "