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HomeMy WebLinkAbout02-3684Sara L. Williams and Chede D. Hylton, 712 Long Branch Road Wooten, Kentucky 41776, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action - (XX) Law ( ) Equity Wayne E. Caray 71 Wintergreen Avenue W 19 D Edison, New Jersey 08820 and Zumstein, Inc. 524 N. Water Street Lewisburg, Ohio 45338 VS. Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONR TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X Wdt of Summons Shall be issued and forwarded to (X)Attomey ( )Sheriff Jason C. Imler, Esquire Handler Henninq & RosenberR 1300 Lin~lestown Road HarrisburR, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney Signature of A~torney ~ Supreme Court ID No. 87911 Date: g::>-/-d~ol, WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Prothonotary -- ' ~ ( Deputy ( ) Check here if reverse is used for additional information SARA L. WILLIAMS and CHERIE D. HYLTON, Plaintiffs WAYNE E. CAREY and ZUMSTEIN, INC., Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · No. 02-3684 Civil Term · JURY TRIAL DEMANDED PROOF OF SERVICE I, Jason C. I mler, an attorney at the law firm of Handler, Hen ning & Rosenberg, LLP, do hereby certify that I have served a a certified copy of the attached Writ of Summons via Certified United States Mail, Return Receipt Requested, receipts attached hereto, upon Defendant Zumstein, Inc. as follows: Zumstein, Inc. 524 N. Water Street Lewisburg, OH 45338 Date: //'~-,=2~,,~ By: Respectfully submitted, HANDLER, HENNING & ROSENBERG LLP Jason C. Imler, Esq. I.D· No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs Sara L. Williams and Cherie D. Hylton, 712 Long Branch Road Wooten, Kentucky 41776, Plaintiff(s) & Address(es) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O:~- ~t~/ Civil Action - (XX) Law ( ) Equity Wayne E. Carey 71 Wintergreen Avenue W 19 D Edison, New Jersey 08820 and Zumstein, Inc. 524 N. Water Street Lewisburg, Ohio 45338 VS. Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMON-<:. TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X Wdt of Summons Shall be issued and forwarded to (X )Attorney ( )Sheriff Jason C. Imler, Esquire Handler Hennin,q & Rosenber.q 1300 Lin,qlestown Road Harrisbur,q, PA 17110 ,1717) 238-2000 Name/Address/Telephone No. of Attorney g may Supreme Court ID No. 87911 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(_S) HAS/HAVE COMMENCE[Y'AN ACTION AGAINST YOU. Prothonotary- -.. f ./ - ~ ' (..Deputy ( ) Check here if reverse is used for additional information TRUE COPY FROM RECORD Teaimony whereof, ! here unto set my bane ,~nd the se~ of said Co~ at, Carlisle. Pa, - ' - " t ono arv Postage $ Return R~lpt Fee ,or. merit Required) ReStricted Delivery Fee (Endomem_ent Required) Postmark Here ~"'n mw card to the back of the rna/Iptece, °r on the front/f space perm/ts. Article ~ ~ to: 2. Article Number [] In~ured Ma/I C.O.D. 4. ~mct~ D~h~e~.y? ?O0~ eSSO ODD? 0003 SARA L. WILLIAMS and CHERIE D. HYLTON, Plaintiffs WAYNE E. CAREY and ZUMSTEIN, INC., Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · No. 02-3684 Civil Term · JURY TRIAL DEMANDED PRAEClPE TO THE PROTHONOTARY: Please reinstate the Writ of Summons in the above-captioned action in order that Defendant Wayne E. Carey can be served. Respectfully submitted, HANDLER, HENNING & ROSENBERG LLP Date: //~)_,,3_~:~.~ By: Jason C~. Imler, Esq. I.D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs Sara L. Williams and Cherie D. Hylton, 712 Long Branch Road Wooten, Kentucky 41776, Plaintiff(s) & Address(es) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~)~ -,, ,.~,~'~-/~ Civil Action - (XX) Law ( ) Equity VS. Wayne E. Carey 71 Wintergreen Avenue W 19 D Edison, New Jersey 08820 and Zumstein, Inc. 524 N. Water Street Lewisburg, Ohio 45338 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMON-~ TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to (X )Attorney ( )Sheriff Jason C. Imler, Esquire Handler Henninf~ & Rosenber~q 1300 Lin,qlestown Road Hardsburq, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney Signature of A['tomey Supreme Court ID No. 8791 Date: o WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S.] HAS/HAVE COMMENC~O AN ACTION AGAINST YOU. Prothor~otary - /,~ ( ) Check here if reverse is used for additional information "Deputy SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-03684 P COMMONWEALTH OF PENNSYLVANIA cOUNTY OF CUMBERLAND WILLIAMS SAP~A L ET AL VS. CAREY WAYNE ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,CAREY WAYNE E by United States Certified Mail postage prepaid, on the 3rd day of ~ctober ,2002 at 0000:00 HOURS, at 71 WINTERGREEN AVENUE W 19 D EDISON, NJ 08820 and attested copy of with the attached WRIT OF SUMMONS The receipt card was signed by 00/00/0000 Additional Comments: RETURNED TO OUR OFFICE STAMPED ATTEMPTED, NOT KNOWN. a true Together returned on Additional Comments Sheriff's Costs: Docketing 18.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 So answeDiSc. .... ~-~ -~/--' /R. Thomas ~ Sheriff of Cumberland County Paid by HANDLER HENNING ROSENBERG Sworn//~nd subscr~ to before me this - day _~3~A.D. khonotary on 10/09/2002 SARA L. WILLIAMS and CHERIE D. HYLTON, Plaintiffs WAYNE E. CAREY and ZUMSTEIN, INC., Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND ,COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · No. 02-3684 Civil Term · JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Writ of Summons in the above-captioned action in order that Defendant Wayne E. Carey can be served at the following address: 1264 Maplewood Road, Belmar, NJ 07719 Respectfully submitted, HANDLER, HENNING & ROSENBERG LLP Date: l-'3-~ By: Jason C. I'mler, Esq. I.D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-03684 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAMS SARA L ET AL VS. CAREY WAYNE ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,CAREY WAYNE E by United States Certified Mail postage prepaid, on the 8th day of January ,2003 at 0000:00 HOURS, at 1264 MAPLEWOOD ROAD BELMAR, NJ 07719 and attested copy of the attached WRIT OF SUMMONS with , a true Together receipt card was signed by 00/00/0000 The returned on Additional Comments: MAIL WAS RETURNED TO SHERIFF MARKED THAT FORWARDING ORDER HAD EXPIRED. Sheriff's Costs: Docketing 18.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 R. Th~mas-~ ine i~ ~ Sheriff of Cumberland County Paid by HANDLER HENNING ROSENBERG Sworn and subscreed to before me this ~'~ day of~~ 2~3 A.D. / ~ot ho~ot ary on 02/03/2003 SARAH L. WILLIAMS and CHERIE D. HYLTON, Vw Plaintiffs WAYNE E. CAREY and ZUMSTEIN, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02-3684 Civil Term JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Writ of Summons in the above-captioned action in order that Defendant Wayne E. Carey can be served via Certified U.S. mail at the following address: Wayne E. Carey 71 Wintergreen Ave. 19 D Edison, NJ 08820 Respectfully submitted, HANDLER, HENNING & ROSENBERG LLP Date: ~-~ (~ -0_~ By: Jason C. I'~ler, Esq. I.D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs SARAH WILLIAMS, and : CHERIE D. HYLTON, : Plaintiffs : WAYNE E. CAREY and : ZUMSTEIN, INC. : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3684 Civil Term CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or ohjecfions to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgement 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 propen'y 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. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado qna si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o nofificacion y pot cualquier qaeja o akuvui que es pedido en la peticion de demanda. Usted pnado parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMEN'FE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthmise Carlisle, PA 17013 Telephone: (717) 240-6200 HANDLER, HENNING & ROSENBERG, LLP By~'~~ JaSon C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorneys for Plaintiff(s) SARAH WILLIAMS, and CHERIE D. HYLTON, Plaintiffs WAYNE E. CAREY and ZUMSTEIN, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3684 Civil Term CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Sarah Williams and Cherie D. Hylton, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Jason C. Imler, Esq., and make the within Complaint against the Defendants, Wayne E. Carey and Zumstein, Inc., as follows: 1. Plaintiff, Sarah Williams, is an adult individual cun:ently residing at 712 Long Branch Road, Wooten, Kentucky, 41776. 2. Plaintiff, Cherie D. Hylton, is an adult individual currently residing at 712 Long Branch Road, Wooten, Kentucky, 41776. 3. Defendant, Wayne E. Carey, is an adult individual currently residing at 71 Wintergreen Avenue, 19D, Edison, New Jersey 08820. 4. Defendant, Zumstein, Inc., is a corporation having its principle place of business at 524 N. Water Street, Lewisburg, Ohio, 45338. 5. Defendant, Zumstein, Inc., regularly conducts business within the Commonwealth of Pennsylvania. 6. At all times material hereto, Plaintiff, Sarah Williams, was the operator ora 2000 International tractor-trailer owned by CRST Inc., bearing Oklalmma Registration Plate Number ISN444 (hereinafter "Plaintiff's vehicle.") At all times material hereto, Plaintiff, Cherie D. Hylton, was a passenger in Plaintiff' s vehicle. 8. At all times material hereto, Defendant, Wayne E. Carey, was the operator ofa 1999 Mack tractor-trailer owned, by Zumstein, Inc., bearing the Ohio Registration Plate Number PUH- 3350 (hereinafter "Defendant's vehicle.") 9. At all times material hereto, Defendant, Wayne E. Carey, was an agent, servant, representative and/or employee of Defendant, Zumstein, Inc., and[ was acting within the scope of his said employment. 10. On or about August 4, 2000, at approximately 3:27 a.m., Plaintiff, Sarah Williams, was traveling eastbound on SR0076 (Pennsylvania Turnpike) in West Pennsboro Township, Cumberland County, Pennsylvania. 11. On or about August 4, 2000, at approximately 3:27 a.m., Defendant, Wayne E. Carey, was also traveling eastbound on SR0076 (Pennsylvania Turnpike) in West Pennsboro Township, Cumberland County, Pennsylvania. 12. At approximately that same time and place, Defendant, Wayne E. Carey, suddenly and without warning, failed to observe the Plaintiff's slower moving vehicle, and violently struck the left rear of the Plaintiff's tractor-trailer. 13. As a direct and proximate result of the negligence of Defendant, Wayne E. Carey, the Plaintiffs, Sarah Williams and Cherie D. Hylton, sustained serious and extensive injuries as set forth more specifically below. 2 COUNT I - NEGLIGENCE SARAH WILLIAMS v. WAYNE E. CAREY 14. Plaintiffs, Sarah Williams and Cherie D. Hylton, herein incorporate paragraphs 1 through 13 of this Complaint as if set forth at length. 15. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Sarah Williams, were caused directly and proximately by the negligence of Defendant, Wayne E. Carey, generally and more specifically as set forth below: a. In operating a motor vehicle inattentively; b. In failing to be reasonably vigilant to observe the position of other vehicles on the roadway; c. In failing to properly and adequately observe the traffic conditions then and there existing; d. In operating the vehicle at an excessive rate of speed under the circumstances; e. In failing to have the vehicle under proper and adequate control; f. In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; g. In permitting or allowing the vehicle to strike and collide with the rear of another vehicle; h. In failing to keep a look-out for other vehicles lawfully on the road; I. In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; j. In failing to operate said vehicle under proper and adequate control in order that he 3 could avoid striking other vehicles; k. In failing to operate his vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa.C.S.A. § 3361; 1. In failing to operate said vehicle in such a manner that would allow him to apply the brakes and stop before striking other vehicles; m. In following the vehicle in front of him too clo,,sely, in violation of 75 Pa.C.S.A. §3310; and n. In driving his vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 16. As a direct and proximate result of Defendant's negligence, Plaintiff, Sarah Williams, sustained severe injuries, including, but not limited to, a cervical strain, thoracic and lumbosacral strain, severe headaches, nausea, neck pain, back pain, hip pai[n, shakes, leg weakness and leg numbness, and diffuse axial strain. 17. As a direct and proximate result of Defendant's negligence, Plaintiff, Sarah Williams, has suffered great physical pain, discomfort, and mental anguisl~t, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 18. As a direct and proximate result of Defendant's negligence, Plaintiff, Sarah Williams, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 4 19. As a direct and proximate result of Defendant's negligence, Plaintiff, Sarah Williams, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 20. As a direct and proximate result of Defendant's negligence, Plaintiff, Sarah Williams, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 21. As a direct and proximate result of Defendant's negligence, Plaintiff, Sarah Williams, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 22. Plaintiff, Sarah Williams, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Sarah Williams, seeks damages from Defendant, Wayne E. Carey, in an amount in excess of compulsory arbitration limits of Cumberland County. COUNT II - VICARIOUS LIABILITY SARAH WILLIAMS v. ZUMSTEIN, INC. 23. Plaintiffs, Sarah Williams and Cherie D. Hylton, herein incorporate paragraphs 1 through 22 of this Complaint as if set forth at length. 24. At all times material to this action, Defendant, Wayne E. Carey, was an agent, servant, representative and/or employee of Defendant, Zumstein, Inc. 25. The occurrence of the aforementioned collision and all of the resultant injuries to 5 Plaintiff, Sarah Williams, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Zumstein's employee, servant, representative and/or agent, Wayne E. Carey. 26. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Wayne E. Carey, occurred while acting in and upon the business of Defendant, Zumstein, Inc., and within the course and scope of his employment with said Defendant. 27. Defendant, Zumstein, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Sarah Williams, which include, but are not limited to, a cervical strain, thoracic and lumbosacral strain, severe headaches, nausea, neck pain, back pain, hip pain, shakes, leg weakness and leg numbness, and diffuse axial strain. 28. Defendant is vicariously liable for the great physical, mental, emotional, and financial losses Plaintiff, Sarah Williams, has suffered and will continue to endure for an indefinite period of time in the future. 29. Defendant is vicariously liable for the considerable amount of wages Plaintiff, Sarah Williams, has lost and the future loss of income and/or loss of earning capacity that will be sustained. 30. Defendant is vicariously liable for the expenses Plaintiff, Sarah Williams, has been compelled, in order to effect a cure for the aforesaid injuries, to spend for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 31. Defendant is vicariously liable for hindering Plaintiff, Sarah Williams, from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 6 32. Defendant is vicariously liable for the great detriment and loss Plaintiff, Sarah Williams, has suffered and will continue to suffer, from losing life's pleasures. WHEREFORE, Plaintiff, Sarah Willaims, seeks damages from Defendant, Zumstein, Inc., in an amotmt in excess of compulsory arbitration limits of Cumberland County. COUNT III - NEGLIGENCE CItERIE D. ItYLTON v. WAYNE E. CAREY 33. Plaintiffs, Sarah Williams and Cherie D. Hylton, herein incorporate paragraphs 1 through 32 of this Complaint as if set forth at length. 34. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Cherie D. Hylton, were caused directly and proximately by the negligence of Defendant, Wayne E. Carey, generally and more specifically as set forth below: a. In operating a motor vehicle inattentively; b. In failing to be reasonably vigilant to observe the position of other vehicles on the roadway; c. In failing to properly and adequately observe the traffic conditions then and there existing; d. In operating the vehicle at an excessive rate of speed under the cimumstances; e. In failing to have the vehicle under proper and adequate control; f. In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; g. In permitting or allowing the vehicle to strike mad collide with the rear of another vehicle; h. In failing to keep a look-out for other vehicles lawfully on the road; I. In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; j. In failing to operate said vehicle under proper and adequate control in order that he could avoid striking other vehicles; k. In failing to operate his vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa. C. S .A. § 3361; 1. In failing to operate said vehicle in such a manner that would allow him to apply the brakes and stop before striking other vehicles; m. In following the vehicle in front of him too closely, in violation of 75 Pa.C.S.A. §3310; and n. In driving his vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 35. As a direct and proximate result of Defendant's negligence, Plaintiff, Cherie D. Hylton, sustained severe injuries, including, but not limited to, head pain, lower back pain, upper back pain, neck pain, abdominal pain, chest pain, cervical neck strain, thoracic and lumbosacral strain, leg pain, decreased sensation, neck stiffness, difficulty sleeping, and diffuse axial spine strain. 36. As a direct and proximate result of Defendant's negligence, Plaintiff, Cherie D. Hylton, has suffered great physical pain, discomfort, and mental anl~ish, and will continue to endure 8 the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 37. As a direct and proximate result of Defendant's negligence, Plaintiff, Cherie D. Hylton, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 38. As a direct and proximate result of Defendant's negligence, Plaintiff, Cherie D. Hylton, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expertd money for the same purposes in the future, to her great detriment and loss. 39. As a direct and proximate result of Defendant':5 negligence, Plaintiff, Cherie D. Hylton, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 40. As a direct and proximate result of Defendant's negligence, Plaintiff, Cherie D. Hylton, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 41. Plaintiff, Cherie D. Hylton, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Cherie D. Hylton, seeks dan~ages fi.om Defendant, Wayne E. Carey, in an amount in excess of compulsory arbitration limits of Cumberland County. COUNT IV - VICARIOUS LIABILITY CHERIE D. HYLTON v. ZUMSTEIN, INC. 42. Plaintiffs, Sarah Williams and Cherie D. Hylton, herein incorporate paragraphs 1 through 41 of this Complaint as if set forth at length. 43. At all times material to this action, Defendant, Wayne E. Carey, was an agent, servant, representative and/or employee of Defendant, Zumstein, Inc. 44. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Cherie D. Hylton, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Zumstein, Inc. employee, servant, representative and/or agent Wayne E. Carey. 45. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Wayne E. Carey, occurred while acting in and upon the business ofDefemdant, Zumstein, Inc., and within the course and scope of his employment with said Defendant. 46. Defendant, Zumstein, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Cherie D. Hylton, which include, but are no't limited to, head pain, lower back pain, upper back pain, neck pain, abdominal pain, chest pain, cervical neck strain, thoracic and lumbosacral strain, leg pain, decreased sensation, neck stiffness, difficulty sleeping, and diffuse axial spine strain. 47. Defendant is vicariously liable for the great physical, mental, emotional, and financial losses Plaintiff, Cherie D. Hylton, has suffered and will continue to endure for an indefinite period of time in the future. 48. Defendant is vicariously liable for the considerable amount of wages Plaintiff, Cherie D. Hylton, has lost and the future loss of income and/or loss of earning capacity that will be sustained. 10 49. Defendant is vicariously liable for the expenses Plaintiff, Cherie D. Hylton, has been compelled, in order to effect a cure for the aforesaid injuries, to spend for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 50. Defendant is vicariously liable for hindering Plaintiff, Cherie D. Hylton, fi.om attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 51. Defendant is vicariously liable for the great detriment and loss Plaintiff, Cherie D. Hylton, has suffered and will continue to suffer, from losing life's pleasures. 52. Plaintiff, Cherie D. Hylton, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Cherie D. Hylton Cherie D. Hylton, seeks damages fi.om Defendant, Zumstein, Inc., in an amount in excess of compulsory arbitration limits of Cumberland Respectfully submitted, HANDLER,, HENNING & ROSENBERG Jason ~C. Imler, Esq. I.D. 151o. #87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 11 VERIFICATION We verify that the statements contained in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. SARAH WILLIAMS, and CHERIE D HYLTON, Plaintiffs V. : . WAYNE E. CAREY and : ZUMSTEIN, INC. : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3684 Civil Term CIVIL ACTION - LAW On this 10th day of June, 2003, I hereby certify that a true and correct copy of Plaintiffs' Complaint was served upon the following by United States Mail, postage prepaid, addressed as follows: E. Patrick Moores, Esquire 3141 Beaumont Centre Circle Suite 302 Lexington KY 40591-0765 HANDLER, HENNING & ROSENBERG, LLP Jason C. Imler, Esquire SARAH WILLIAMS and CHERIE D., HYLTON, Plaintiffs WAYNE E. CAREy and ZUMSTEIN, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3684 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO oa behalf of Defendants in the above matter. Defendants hereby demands a twelve juror jury trial ia the above captioned action. Dated: August 19, 2003 MARTSON DEARDORFF WILLIAMS & OTTO i.el~Sg;o.B~9F~tll;r, Jr., Esq-uire- ~- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Del~ndants .CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jason C. Imler, Esquire HANDLER, HENNING & ROSEN'BERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243~3341 Dated: August 19, 2003 SARAH WILLIAMS, and : CHERIE D. HYLTON, : Plaintiffs : V· WAYNE E. CAREY ~and : ZUMSTEIN, INC. : ~efendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3684 Civil Term CIVIL ACTION - LAW TO: Prothonotary Please marke PRAECIPE the above-captioned action as settled and discontinued. HANDLER, HENNING & ROSENBERG, LLP By Jason C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff Date: October 31, 20 ~)3