HomeMy WebLinkAbout07-0458SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 0"' -4
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
CIVIL ACTION - LAW
0tU-LL`--F"
JURY TRIAL 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 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, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
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 REDUCE FEE
OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de
plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una
apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita
sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra
usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la
peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 7
- btu ?L
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
FACTS APPLICABLE TO ALL COUNTS
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B.
CLARK, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP,
and respectfully represent the following:
1. Plaintiff, RONALD E. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
2. Plaintiff, LYNN B. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
3. Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, are husband
and wife, having been married on September 1, 1972.
4. Defendant, Dane B. Clark, is an adult individual whose last know
address is 409 Wooddale Drive, Punxutawney, Jefferson County, Pennsylvania.
5. Defendant, BARBER TRUCKING, INCORPORATED, is a
Pennsylvania Corporation with a registered office address of 3661 Route 28
North, Brookville, Jefferson County, Pennsylvania.
6. Defendant, BARBER TRUCKING COMPANY, INCORPORATED,
is a Pennsylvania Corporation with a registered office address of 3661 Route 28
North, Brookville, Jefferson County, Pennsylvania.
7. At all times relevant to the within stated cause of action, Defendant,
DANE B. CLARK, was acting as the agent and/or employee of and within the
course and scope of his employment/agency with Defendants, BARBER
TRUCKING COMPANY, INCORPORATED and BARBER TRUCKING,
INCORPORATED.
8. The facts and circumstances hereinafter set forth took place on
May 19, 2006, at approximately 4:56 p.m. on State Route 581, Camp Hill,
Cumberland County, Pennsylvania.
9. At the aforesaid time and place, Plaintiff, RONALD E. CLARK, was
the owner and operator of a 2004 Nissan Maxima, bearing Pennsylvania
Registration Number FHP2318.
10. At the aforesaid time and place, Plaintiff, LYNN B. CLARK., was a
passenger in the 2004 Nissan Maxima, owned and operated by Plaintiff,
RONALD E. CLARK.
11. At the aforesaid time and place, Defendant, DANE B. CLARK, was
operating a 1984 9400 International tractor trailer, owned by Defendant,
BARBER TRUCKING, INCORPORATED and bearing Pennsylvania Registration
Number AE53434.
12. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's,
2004 Nissan Maxima was stopped in traffic in the right-hand lane of westbound
state route 581 in the proximity of mile post 6.
13. Immediately prior to the aforesaid time and place, Defendant,
DANE B. CLARK, was operating the 1984 9400 International tractor trailer west
bound on state route 581, traveling in the right-hand lane and had not yet
reached the stopped traffic in which, Plaintiff, RONALD E. CLARK's 2004 Nissan
Maxima was sitting.
14. At the aforesaid time and place, Defendant, DANE B. CLARK,
failed to stop the 1984 9400 International tractor trailer, colliding with and partially
running over a 1999 Chevrolet Prism and its occupant, and then striking a 2002
Buick Rendezvous causing a multiple car chain reaction crash.
15. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's
2004 Nissan Maxima was the final car involved in the chain reaction and was
struck twice from behind by an unknown vehicle[s]. .
COUNT I - NEGLIGANCE
RONALD E. CLARK V. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
16. Paragraphs 1 through 15 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
17. The aforesaid collision was the direct and proximate result of
the negligence of Defendant's BARBER TRUCKING INCORPORATED and
BARBER TRUCKING COMPANY, INCORPORATED, acting through theiragent,
servant, and/or employee, Defendant, DANE B. CLARK, and Defendant, DANE
B. CLARK individually, in operating the 1984 9400 International tractor trailer in a
careless, reckless, and negligent manner as follows:
a. Failing to keep his eyes on the traffic ahead;
b. Failing to apply his brakes in time to avoid a collision
with the vehicles in front of him;
C. Driving at a speed greater than was reasonable and
prudent under the conditions and having regard to the
actual and potential hazards then existing and at a
speed greater than would have permitted him to bring
1984 9400 International tractor trailer to a stop within
the assured clear distance ahead in violation of
Section 3361 of the PA Motor Vehicle Code;
d. Driving at a speed in excess of the maximum posted
speed limit in violation of Section 3362 of the PA
Motor Vehicle Code;
e. Permitting the 1984 9400 International tractor trailer
he was operating to strike the rear of two other
vehicles;
f. In failing to apply the brakes in time to avoid the
collision;
g. In failing to operate the 1984 9400 International
tractor trailer in accordance with existing traffic
conditions; and
h. In failing to keep a reasonable look-out for other
vehicles lawfully on the road.
18. As a result of the aforesaid collision, Plaintiff, RONALD E.
CLARK, has suffered serious and permanent injuries, including but not limited to
the following:
a. right wrist ulnar styloid fracture with triangular
fibrocartilage tear;
b. right hand paresthesis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the
cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the lumbar
spine;
e. cervicodorsal radiculopathy;
f. lumbosacral radiculopathy;
9. herniation of the intervertebral disc at the C6-7 level;
h. aggravation of preexisting degenerative disc disease
of the cervical spine;
i. aggravation of preexisting degenerative disc disease
of the lumbar spine;
j. myofascial pain syndrome;
k. muscle contaction cephalgia;
1. exacerbation of depression;
M. post traumatic stress disorder;
n. injury to the jaw on the right; and
o. extreme mental and physical anguish and emotional
upset.
19. As a direct and proximate result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
20. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained a permanent diminution in his ability to enjoy
life and life's pleasures for which damages are claimed.
21. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained scarring and disfigurement for which
damages are claimed.
22. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has suffered and may continue to suffer a loss of earnings
for which damages are claimed.
23. As a further result of the aforesaid injuries, RONALD E.
CLARK, has and/or may in the future incur a loss of earning capacity for which
damages are claimed.
24. As a further result of this collision, Plaintiff, RONALD E.
CLARK, has and/or may incur reasonable and necessary medical and
rehabilitative costs and expenses in excess of the amounts paid or payable
pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial
Responsibility Law, Workers' Compensation or any program, group contract, or
other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section
1719.
25. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has incurred or may hereinafter incur financial expenses
and losses which exceed sums recoverable under the limitations and exclusions
of the Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
26. Plaintiff, RONALD E. CLARK, sustained serious injury in this
collision which has caused him a serious impairment of bodily function.
Therefore, Plaintiff, RONALD E. CLARK, remains eligible to claim compensation
for non economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT II - NEGLIGANCE
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
27. Paragraphs 1 through 25 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
28. As a result of the aforesaid collision, Plaintiff, LYNN B. CLARK, has
suffered serious and permanent injuries, including but not limited to the following:
a. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the right shoulder;
b. right shoulder and subdeltoid brutitis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the lumbar spine;
e. cervical radiculopathy;
f. lumbosacral radiculopathy;
g. aggravation of preexisting degenerative disc disease
of the cervical spine;
h. aggravation of preexisting degenerative disc disease
of the lumbar spine; and
mental anguish and emotional upset.
29. As a direct and proximate result of the aforesaid injuries, Plaintiff,
LYNN B. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has sustained a permanent diminution in her ability to enjoy life and
life's pleasures for which damages are claimed.
31. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has suffered and may continue to suffer a loss of earnings for which
damages are claimed.
32. As a further result of the aforesaid injuries, LYNN B. CLARK,
has and/or may in the future incur a loss of earning capacity for which damages
are claimed.
33. As a further result of this collision, Plaintiff, LYNN B. CLARK,
has and/or may incur reasonable and necessary medical and rehabilitative costs
and expenses in excess of the amounts paid or payable pursuant to
Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law,
Workers' Compensation or any program, group contract, or other arrangement
for payment of benefits as defined in 75 Pa. C.S.A. Section 1719.
34. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has incurred or may hereinafter incur financial expenses and losses
which exceed sums recoverable under the limitations and exclusions of the
Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
35. Plaintiff, LYNN B. CLARK, sustained serious injury in this collision
which has caused him a serious impairment of bodily function. Therefore,
Plaintiff, LYNN B. CLARK, remains eligible to claim compensation for non
economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT III - NEGLIGANT MAINTINANCE
RONALD E. CLARK and LYNN B. CLARK v. BARBER TRUCKING
INCORPORATED and BARBER TRUCKING COMPANY, INCORPORATED
36. Paragraphs 1 through 34 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
37. The aforesaid collision was the direct and proximate result of
the negligence of Defendants, BARBER TRUCKING INCOPORATED and
BARBER TRUCKING COMPANY INCOPORATED in permitting an employee or
agent to operate the1984 9400 International tractor trailer which defendants
knew or should have known was in a defective condition and without keeping it in
a proper state of repair as follows:
a. All brake linings of Axel Number 4 were cracked and
glazed;
b. The right side brake linings of Axel Number 4 were
worn below minimum standards; and
c. The left side brake drum on Axel Number 4 contained
excessive cracks on the friction surface.
WHEREFORE, Plaintiffs, RONALD E. CLARK and LYNN B. CLARK,
demand judgment against Defendants, BARBER TRUCKING INCORPORATED;
and BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT IV - LOSS OF CONSORTIUM
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
38. Paragraphs 1 through 36 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
39. As a further result of the injuries sustained by his wife,
Plaintiff, LYNN B. CLARK, the Plaintiff, RONALD E. CLARK, has been and will
be deprived of the assistance, companionship, consortium, and society of his
wife, all of which has been and will be to a great detriment and loss.
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT V - LOSS OF CONSORTIUM
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
40. Paragraphs 1 through 38 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
41. As a further result of the injuries sustained by her husband, Plaintiff,
RONALD E. CLARK, the Plaintiff, LYNN B. CLARK, has been and will be
deprived of the assistance, companionship, consortium, and society of her
husband, all of which has been and will be to a great detriment and loss.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
C;./ /1?? _ /" V"J )f V/1 zz
By:
othy A S rger, sq.
Attorney I ED. #34343
Dated: 1./1.07
0 9
VERIFICATION
l,'RnoAd E (?AG- ? , hereby acknowledge that I am a Plaintiff in this
action and that I have read the (om21and that the facts
stated herein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Signature
Date: l 17s 10-7
G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SET-UPS)\Verification.wpd
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way, Enola, PA 17025
(717) 728-3200 • FAX (717) 728-3200
0 •
VERIFICATION
I, La- nn ?I 2K, hereby acknowledge that I am a Plaintiff in this
action and that I have read the corn o?a'-?" and that the facts
stated herein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Sign r
Date: 1' I$ ? d--I
GAGLOBALMMATA\DOCS\INITIAL CONSULT DOCS (SETUPS)\Verification.wpd
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way, Enola, PA 17025
(717) 728-3200 • FAX(717)728-3200
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SILVERMAN & KRAWITZ
BY: JEFFREY A. KRAWITZ, ESQUIRE
Attorney I.D. No.: 49530
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
(215) 569-0000
RONALD E. CLARK and LYNN B. CLARK,
husband and wife,
Plaintiffs
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC. and
DANE B. CLARK
Defendants.
No. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of defendants Barber Trucking, Inc., Barber
Trucking Company, Inc. and Dane B. Clark in the above-captioned matter.
SILVERMAN & KRAWITZ
Y A. KOW142
Attorneys for Defendants
Barber Trucking, Inc., Barber
Trucking Company, Inc. and
Dane B. Clark
1362\072\p1eads\entapp.031607. WPD
CERTIFICATE OF SERVICE
JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of
Entry of Appearance on behalf of Defendants Barber Trucking, Inc., Barber Trucking
Company, Inc. and Dane B. Clark to be sent first class mail on March 16, 2007 to:
Timothy Schollenberger, Esquire
Schollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
SILVERMAN & KRAWITZ
BY.
Y A. K W;
Attorney for Defendants
Barber Trucking, Inc., Barber
Trucking Company, Inc. and
Dane B. Clark
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SILVERMAN & KRAWITZ
BY: JEFFREY A. KRAWITZ, ESQUIRE
Attorney I.D. No.: 49530
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
(215) 569-0000
RONALD E. CLARK and LYNN B. CLARK,
husband and wife,
Plaintiffs
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC. and
DANE B. CLARK
Defendants.
No. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS
BARBER TRUCKING, INC., BARBER TRUCKING CO., INC.
(INCORRECTLY NAMED AS BARBER TRUCKING
COMPANY, INC.) AND DANE B. CLARK WITH NEW MATTER
Defendants, Barber Trucking, Inc., Barber Trucking Co., Inc. (incorrectly named as
Barber Trucking Company, Inc.) and Dane B. Clark, by and through their counsel,
Silverman & Krawitz, hereby respond to plaintiffs' Complaint as follows:
Denied in accordance with Rule 1029(e).
2. Denied in accordance with Rule 1029(e).
3. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
4. Admitted.
5. Admitted.
6. Denied in accordance with Rule 1029(e). By way of further response, there
1362\072\p1eads\anscomp.032007. WPD
is an entity known as Barber Trucking Co., Inc. which is a Pennsylvania corporation and
does have a principal place of business on Route 28 in Brookville, Jefferson County, PA.
7. Admitted in part. Denied in part. It is specifically denied that at any time
relevant was defendant Dane Clark acting as an agent and/or employee of Barber Trucking
Co., Inc. (herein "BTCI"). It is admitted that at all relevant times, Dane Clark was an
employee of Barber Trucking, Inc. (herein "BTI")
8. Denied in accordance with Rule 1029(e).
9. Denied in accordance with Rule 1029(e).
10. Denied in accordance with Rule 1029(e).
11. Denied in accordance with Rule 1029(e). By way of further response,
answering defendants state that Dane Clark was operating a 1999 9400 International tractor.
It is specifically denied that the tractor was owned by BTI, but rather the tractor was a piece
of equipment owned by BTCI.
12. Denied in accordance with Rule 1029(e).
13. Denied in accordance with Rule 1029(e). It is specifically denied that Dane
Clark was operating a 1984 International tractor, but rather was operating a 1999
International tractor at all times relevant and it is admitted that he was westbound on State
Route 581. The remaining allegations are denied.
14. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
15. Denied in accordance with Rule 1029(e).
F:\ W PCNCT\DOCS\31362\072\pleads\anscomp.032007. WPD
COUNT I - NEGLIGENCE
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED: AND BARBER TRUCKING COMPANY, INCORPORATED
16. Defendants incorporate by reference their answers to paragraphs 1 through 15
of plaintiffs' Complaint as if same were set forth fully and at length herein.
17. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required. By way of further
response, it is specifically denied that Dane Clark was an agent, servant or employee of
BTCI. Furthermore, it is specifically denied that Dane Clark was operating a 1984 9400
International tractor.
18. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
19. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
20. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
21. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
22. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
23. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
24. Denied in accordance with Rule 1029(e). To the extent that the allegations
1362\072\p1eads\anscomp.032007. WPD
of this paragraph state conclusions of law, no response is required.
25. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
26. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
COUNT II - NEGLIGENCE
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; AND BARBER TRUCKING COMPANY. INCORPORATED
27. Defendants incorporate by reference their answers to paragraphs 1 through 26
of plaintiffs' Complaint as if same were set forth fully and at length herein.
28. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
29. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
30. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
31. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
32. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
1362\072\pleads\anscomp.032007. WPD
33. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
34. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
35. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
COUNT III - NEGLIGENT MAINTENANCE
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; AND BARBER TRUCKING COMPANY, INCORPORATED
36. Defendants incorporate by reference their answers to paragraphs 1 through 35
of plaintiffs' Complaint as if same were set forth fully and at length herein.
37. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required. Furthermore, it is
specifically denied that BTI had knowledge of any defective condition and furthermore did
not have responsibility with regard to the tractor and its maintenance since the equipment
was owned and maintained by BTCI.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
P:\ W PCN?T\DOCS\31362\072\pleads\anscomp.032007. WPD
COUNT IV - LOSS OF CONSORTIUM
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; AND BARBER TRUCKING COMPANY, INCORPORATED
38. Defendants incorporate by reference their answers to paragraphs 1 through 37
of plaintiffs' Complaint as if same were set forth fully and at length herein.
39. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
COUNT V - LOSS OF CONSORTIUM
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED, AND BARBER TRUCKING COMPANY, INCORPORATED
40. Defendants incorporate by reference their answers to paragraphs 1 through 39
of plaintiffs' Complaint as if same were set forth fully and at length herein.
41. Denied in accordance with Rule 1029(e). To the extent that the allegations
of this paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
NEW MATTER
42. Plaintiffs' complaint fails to state a claim upon which relief may be granted.
43. Plaintiffs' damages occurred as a result of plaintiffs' assumption of the risk.
44. Plaintiffs' claims are barred by the applicable Statute of Limitations.
45. Plaintiffs' claims are barred by the applicable provisions of the Pennsylvania
F:\ W PCN?T\DOCS\31362\072\pleads\anscomp.032007. WPD
Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et seq.
46. Plaintiffs' claims are barred and/or limited by the applicable provisions of the
Pennsylvania Comparative Negligence Act.
47. If plaintiffs sustained damages as claimed in the complaint, the same of which
is specifically denied, those damages were caused in whole or in part by plaintiffs'own
negligence.
48. If plaintiffs sustained the damages claimed in the complaint, the same of
which is specifically denied, those damages were caused in whole or in part by conditions
over which answering defendants had no control.
49. The accident and damages as alleged herein occurred as a result of the
negligence, carelessness, recklessness and wanton and willful disregard for the safety of
others on the part of third-parties.
50. Answering defendants breached no duty owed to plaintiffs.
51. Plaintiffs' claims are barred and/or limited by the Doctrines of Res Judicata
and/or Estoppel.
52. Plaintiffs' claims are barred and/or limited by the Medical Cost Containment
provisions of the Pennsylvania Code and Pennsylvania Motor Vehicle Financial
Responsibility Law, 75 Pa.C.S.A. §1701, et seq.
53. Defendants, at all times, acted in accordance with, and did not violate, any
applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law
and/or Pennsylvania Motor Vehicle Code.
54. Defendants at all times complied with all applicable provisions of the
FMCSR and other applicable DOT regulations.
55. Plaintiffs' claims are barred and/or limited for failure to join necessary and/or
1362\072\pleads\anscomp.032007. WPD
indispensable parties.
WHEREFORE, answering defendants demand judgment in their favor and against
plaintiffs together with the costs of defense and such other and further relief as the court may
deem just and equitable.
Respectfully submitted,
SILVERMAN & KRAWITZ
}
B_-v-
("REY A. K WITZ
lam` A'tforneys for Defendants
Barber Trucking, Inc., Barber Trucking Co.,
Inc. and Dane B. Clark
1362\072\pleads\anscomp.032007. WPD
VERIFICATION
I, JEFFREY A. KRAWITZ, ESQUIRE, being duly sworn according to law,
deposes and says that he is attorney for defendants Barber Trucking, Inc., Barber Trucking
Co., Inc. and Dane B. Clark and is authorized to submit this Verification and that the facts
set forth in the foregoing Answer to plaintiffs' Complaint with New Matter are true and
correct to the best of my knowledge, information and belief. I understand that the statements
therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
r ?
'7F, FRE KRAW Z; ESQUIRE
G(ttorney or Defendants
Barber Trucking, Inc., Barber Trucking Co.,
Inc. and Dane B. Clark
Dated: -6aJ? J
1362\072\pleads\anscomp.032007. W PD
CERTIFICATE OF SERVICE
JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of
Answer to Plaintiffs' Complaint on behalf of Defendants Barber Trucking, Inc., Barber
Trucking Co., Inc. and Dane B. Clark to be sent first class mail on March 21, 2007 to:
Timothy Schollenberger, Esquire
Schollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
SILVERMAN & KRAWITZ
f> REY A. KIAWITZ
~ Attorney for Defendants
Barber Trucking, Inc., Barber
Trucking Company, Inc. and
Dane B. Clark
N
Tl r'•
-n
ril
cl?
S
-71
e
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, by
and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and
respectfully represent the following:
Paragraphs 1 through 41 of the Plaintiffs Complaint are incorporated
herein by reference as if set forth in full.
42. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
43. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
44. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
45. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
46. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
47. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
48. Said averment is denied pursuant to Pa. R.C.P. 1029(e).
49. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
50. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
51. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
f
52. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
53. Said averment is denied pursuant to Pa. R.C.P. 1029(e).
54. Said averment is denied pursuant to Pa. R.C.P. 1029(e).
55. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, the Plaintiffs respectfully requests that the Defendants'
New Matter be dismissed and judgment entered in favor of the Plaintiffs as a
matter of law.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
By: -, //// ? ex
kdornqepyyl?. S ollen rg r, Esquire
D. #34343
Date: 3. 2 9' 0 7
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this
have served the follo%
postage prepaid:
ay of [VI
Iv to New M
_, 2007, 1 hereby certify that I
on the following via U.S. mail,
Jeffery A. Krawitz, Esquire
Silverman & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
By:
Ti A. Sho lenberger, Esquire
C7 ? O
? -rt
!tJ
Fri
•
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, by
and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and
respectfully represent the following:
1. The above-captioned action was initiated by the filing of a
Complaint on January 22, 2007. A copy of said Complaint is
attached hereto as Exhibit "A".
2. Defendants filed their Answer with New Matter on March 22, 2007.
3. Defendants' Answer contained responses that indicated that
Plaintiffs had incorrectly identified a defendant as Barber Trucking
Company, Inc. and Barber Trucking Company, Incorporated, when
the correct legal name of the defendant is Barber Trucking Co., Inc.
4. Defendants' Answer contained responses that indicated that
Plaintiffs had incorrectly identified the vehicle driven by Defendant,
Dane B. Clark, as a 1984 International tractor trailer, when the
correct vehicle driven by Defendant, Dane B. Clark, was a 1999
International tractor.
5. Plaintiff respectfully seeks to amend their complaint to correctly
identify Defendant, Barber Trucking Co., Inc., and to correctly
identify the vehicle driven by Defendant, Dane B. Clark, as a 1999
International tractor. Plaintiff requests that they be permitted to
make these amendments to each paragraph where the improper
name and vehicle is present, as well as, amend the caption to
reflect the proper legal name of the incorrectly identified defendant.
6. A final version of the proposed Amended Complaint is attached
hereto as Exhibit "B".
7. The statute of limitations has not yet expired with respect to the
above captioned action.
8. Counsel for Defendants concurs in this Motion and has signed the
Stipulation for Leave to File Amend Complaint attached hereto as
Exhibit "C".
9. A Judge has not yet ruled on any issue in this case.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court
issue an Order permitting the Plaintiff to file an Amended Complaint identical in
language to the proposed Amended Complaint attached hereto and incorporated
by reference in this Motion as Exhibit "B".
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Date:
5, 17.07
By:
Tim Mevy S nb r r, E
Att 34
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF CONCURRENCE
I, Timothy A. Shollenberger, counsel for the Plaintiff, do hereby certify that I
contacted Jeffery A. Krawitz, Esquire, to obtain his concurrence of the within
Motion for Leave to File Amended Complaint and he does concur with the filing
of the motion.
Respectfully submitted,
SH
o.34343
1 110
I;Ol._LFtJ'3EF;(al c: u
2225 f`1,'11;ienrJU-n Way
Encla, P e r i ntiy;vania 1 025
Telephone lumber- 17) 72"-320;1
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL 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 plaintiff, You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER 10 YOUR LAWYER ,AT ONCE. IF
YOU DO NOT HAVE A L13,WYER, GO TO OR TELEPHONE THE OFFICE SEJ
FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
til
?1= Y C%!..? GAl1i?_;r}..I- ?, I =r )r: C? -[0 h!E^ L', A 0FI-i(-'E [VIA,Y f3E
{`, !_(:- Ts'i PR O`?'117E YOU WITH !f`v(0('P!i(`,T;+ i s P,U0U F;GEi'-,C{ES 'i i AT
MAy 0rFII ': ?_t*I')_. sl_RVICCS TO EI_IGIC?LI. ??ERSOr?s AT RECV?,?: FEE
OR NG FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
Plo i'!!ClIA
LE HAN DEMANDA-DO A LISTED E:t,J I.A CORTF. Si Listed quiere defenderse
de estas deniandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de
plazo al partir de la fecha de la dernanda v la notification. Usted debe presentar una
apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita
sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la torte tomaro medidas y puede entrar una orden contra
usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la
petition do demanda. usted puede perder dinero o sus propiededas o otros derechos
importantes pars usted.
LLEVE ESTA DEMANDA A UN ABOGADO iMMEDIATAMENTE. SI NO TIENE
ABOGADO O Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
H0L ENBI:::RC EF( JA ! ?%?(; i [J",
N
2225 MIlHenniu1-1-1 1?Jay
Enola, Pennsylvania 17 025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
FACTS APPLICABLE TO ALL COUNTS
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B.
CLARK, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP,
and respectfully represent the following-
1 . Plaintiff, RONALD E. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
2. Plaintiff, LYNN B. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
3. Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, are husband
and wife, having been i ,arried on September 1, 1972.
A. Defendant, Dane B. Clark, is an adult individual whose last know
address is 409 Wooddale Drive, Punxutawney, Jefferson County, Pennsylvania.
' . 1.lcfer?c?i rat, I_t :l: l i-< ? ( i. C:;<.fl???? 10C:L7f'F?C;?f=</`TEi? is a
t.
?c1!"4,.?rr'Jci !e: Corporation \,"+' 1'< 28
Nc;rth, Brouk4iile, Jefferson C;oun y, Pennsylvr:,nia.
6. Defendant, BA.RBEF: TRUCKING COMPANY, INCORPORATED,
is a Pennsylvania Corporation with a registered office address of 3661 Route 28
North, Brookville, Jefferson County, Pennsylvania.
7. At all times relevant to the within stated cause of action, Defendant,
DANE B. CLARK, was acting as the agent and/or employee of and within the
course and scope of his employrnent/agency with Defendants, BARBER
TRUCKING COMPANY, INCORPORATED and BARBER TRUCKING,
INCORPORATED.
8. The facts and circumstances hereinafter set forth took place on
May 19, 2006, at approximately 4:56 p.m. on State Route 581, Camp Hill,
Cumberland County, Pennsylvania.
9. At the aforesaid time and place, Plaintiff, RONALD E. CLARK, was
the owner and operator of a 2004 Nissan Maxima, bearing Pennsylvania
Registration Number FHP2318.
10. At the aforesaid time and place, Plaintiff, LYNN B. CLARK., was a
passenger in the 2004 Nissan Maxima, owned and operated by Plaintiff,
RONALD E. CLARK.
-11. At the aforesaid time and place, Defendant, DANE B. CLARK, was
operating a 1984 9400 International tractor trailer, owned by Defendant,
BARE3,';'*:i.'. 11;0:1<I;C, Marc bearing P-'ern,-?yM,.Aniz
1,41u bei A 53434.
12. At the aforesaid tinge and place, Plaintiff, RONALD E. CLARK's,
2004 1*11ssan Maxima was stopped in traffic in the right-hand lane of westbound
state route 581 in the proximity of mile post 6.
13. Immediately prior to the aforesaid time and place, Defendant,
DANE B. CLARK, was operating the 1984 9400 International tractor trailer west
bound on state route 581, traveling in the right-hand lane and had not yet
reached the stopped traffic in which, Plaintiff, RONALD E. CLARK's 2004 Nissan
Maxima was sitting.
14. At the aforesaid time and place, Defendant, DANE B. CLARK,
failed to stop the 1984 9400 International tractor trailer, colliding with and partially
running over a 1999 Chevrolet Prism and its occupant, and then striking a 2002
Buick Rendezvous causing a multiple car chain reaction crash.
15. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's
2004 Nissan Maxima was the final car involved in the chain reaction and was
struck twice from behind by an unknown vehicle[s]. .
COUNT I - NEGLIGANCE
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
16. Paragraphs 1 through 15 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
17. The aforesaid collision was the direct and proximate result of
[he r,?g"l?jl'itC;e of ?31' l f''.+.?? !'4(:l:Jl?P?.'i
P f?I11ii_I I ?.liL,l'?ilVl i, %_t CL), ciCA no :*i C'l,gh ihelran:.'j
servant, ;and/or employee, Defendant, UA INE B. C;1_,<?dRA , and DefE:ndant, DAi,!E
B. CLARK individually, in operating tP-te 193=1 9400 lnterrlationai tractor trailer in a
careless, reckless, and negligent manner as follows:
a. Failing to keep his eyes on the traffic ahead,
b. Failing to apply his brakes in time to avoid a collision
with the vehicles in front of him;
C. Driving at a speed greater than was reasonable and
prudent under the conditions and having regard to the
actual and potential hazards then existing and at a
speed greater than would have permitted him to bring
1984 9400 International tractor trailer to a stop within
the assured clear distance ahead in violation of
Section 3361 of the PA Motor Vehicle Code;
d. Driving at a speed in excess of the maximum posted
speed limit in violation of Section 3362 of the PA
Motor Vehicle Code;
e. Permitting the 1984 9400 International tractor trailer
he was operating to strike the rear of two other
vehicles;
f. In failing to apply the brakes in time to avoid the
collision;
i
?.? ?ctr7r tr«4i_ i 6 tt:c rc; ;:t:F: wiih existing traffic
conditions; and
h. In failing to keep a reasonable look-out for other
vehicles lawfully on the road.
18. As a result of the aforesaid collision, Plaintiff, RONALD E.
CLARK, has suffered serious and permanent injuries, including but not limited to
the following:
a. right wrist ulnar styloid fracture with triangular
fibrocartilage tear;
b. right hand paresthesis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the
cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the lumbar
spine;
e. cervicodorsal radicuiopathy;
f. lumbosacral radiculopathy;
g. herniation of the intervertebral disc at the C6-7 level,
h. aggravation of preexisting degenerative disc disease
of the cervical spine;
of th e iumr .3r
j. rnyorascial pain syndrome:
k. n-luscle contaction cephalgia;
1. exacerbation of depression,
M. post traumatic stress disorder;
n. injury to the jaw on the right, and
o. extreme mental and physical anguish and emotional
upset.
19. As a direct and proximate result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
20. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained a permanent diminution in his ability to enjoy
life and life's pleasures for which damages are claimed.
21, As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained scarring and disfigurement for which
damages are claimed.
22. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has suffered and may continue to suffer a loss of earnings
for which damages are claimed.
?11s?:???.r rE -suit n? c; _,_ , t E jar Div-'?_. _ E.
CLARK, I7,.?s ant.-Iior rnav in Iihe futua<(a irfc.,ir e?--im,iny capacity for which
damages are claimed.
24. As a further result of this collision, Plaintiff, RONALD E.
CLARK, has and/or may incur reasonable and necessary medical and
rehabilitative costs and expenses in excess of the amounts paid or payable
pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial
Responsibility Law, Workers' Compensation or any program, group contract, or
other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section
1719.
25. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has incurred or may hereinafter incur financial expenses
and losses which exceed sums recoverable under the limitations and exclusions
of the Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
26. Plaintiff, RONALD E. CLARK, sustained serious injury in this
collision which has caused him a serious impairment of bodily function.
Therefore, Plaintiff, RONALD E. CLARK, remains eligible to claim compensation
for non economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
clei, arils 1ud?jr.-lent agaiw..;l
i'-? eic,fut; rri: , .11 t . CI_.f? ?K; Es,'1 13E ft IT-el P :l??IN Il?li?(:?F:P01" i?ED; and
BARBER i-RUCKIN(; COMPANY, INCORr'ORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT II - KIEGLIGANCE
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
27. Paragraphs 1 through 25 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
28. As a result of the aforesaid collision, Plaintiff, LYNN B. CLARK, has
suffered serious and permanent injuries, including but not limited to the following:
a. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the right shoulder;
b. right shoulder and subdeltoid brutitis;
G. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and cther soft tissues at or about the lumbar spine,
c. cervical radiculopathy;
lurnbosacral radiculopathy;
g aggravation of preexisting degenerative disc fuse-3se
of the cervical spine;
h. ggra` MI-0I1 OT j:1r0C_'XI,:+wq Opaenelctive disc. disi.'w.;e
(if i.he iun-ibar s.o,ne; and
mental anguish and emotional upser,
29. As a direct and proximate result of the aforesaid injuries, P{airitiff,
LYNN B. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has sustained a permanent diminution in her ability to enjoy life and
life's pleasures for which damages are claimed.
31, As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has suffered and may continue to suffer a loss of earnings for which
damages are claimed.
32. As a further result of the aforesaid injuries, LYNN B. CLARK,
has and/or may in the future incur a loss of earning capacity for which damages
are claimed.
33. As a further result of this collision, Plaintiff, LYNN B. CLARK,
has and/or may incur reasonable and necessary medical and rehabilitative costs
and expenses in excess of the amounts paid or payable pursuant to
Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law,
Workers' Compensation or any program, group contract, or other arrangennent
for payment of benefits as defined in 75 Pa. C.S.A. Section 1719.
34 /ts f1.;riher rep; Uit C hr3 ::j "o, re J: r!'(7.
1..,
i. ?!` K. .as Illcui rec or
illy V ;(f F ! 7c nl'?C31 ?- ?' ? ?? ?<
which exceed sums recoverable under the lil?,itations and exclusions of the
Pennsylvania Motor Vel-?icle Financial Responsibility Law for which
damages are claimed.
35. Plaintiff, LYNN B. CLARK, sustained serious injury in this collision
which has caused him a serious impairment of bodily function. Therefore,
Plaintiff, LYNN B. CLARK, remains eligible to claim compensation for non
economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT Eli - NEGLIGANT MAINTINANCE
RONALD E. CLARK and LYNN B. CLARK v. BARBER TRUCKING
INCORPORATED and BARBER TRUCKING COMPANY, INCORPORATED
36. Paragraphs 1 through 34 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
37. The aforesaid collision was the direct and proximate r sult of
the negligence of Defendants, BARBER TRUCKING INCOPORATE.D and
BARBER TRUCKING COMPANY INCOPORATED in permitting an employee or
agent to operate the 1984 9400 International tractor trailer which defendants
knew or sI-.c) lid have kncnwn in, a c:;e't cti? ?: ;orialit` r; grid vditl`iout keeping it, in
a proper state of rclpair -s f ;ll,,;,vvs.
a. All brake kning s of Axel l.Jumber 4 were. cracked and
glazed;
b. The right side brake linings of Axel Number 4 were
worn below minimum standards; and
c. The left side brake drum on Axel Number 4 contained
excessive cracks on the friction surface.
WHEREFORE, Plaintiffs, RONALD E. CLARK and LYNN B. CLARK,
demand judgment against Defendants, BARBER TRUCKING INCORPORATED;
and BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT IV - LOSS OF CONSORTIUM
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATE0
38. Paragraphs 1 through 36 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
39. As a further result of the injuries sustained by his wife,
Plaintiff, LYNN B. CLARK, the Plaintiff, RONALD E. CLARK, has been and will
be deprived of the assistance, companionship, consortium, and society of his
wife, all of which has been and will be to a great detriment and loss.
0`VifC:f?E_Fvi?E", f?'lairtiff, r. ?i.Il;i_?7 E dennc?nci:, luclgrnent again, ,t
f.)riLn?kar i D-RE i3. CI_A(Fia(; BARD? F'. iRU('K,iN lk,C()RP,3PATEiand
BARBER TRUC-I'KING COMPANY, INCORPORATED, for compensatory
dGrnages in on amount in excess of the amount requiring compulsory arbitration.
COUNT V - LOSS OF CONSORTIUM
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
4.0. Paragraphs 1 through 38 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
41. As a further result of the injuries sustained by her husband, Plaintiff,
RONALD E. CLARK, the Plaintiff, LYNN B. CLARK, has been and will be
deprived of the assistance, companionship, consortium, and society of her
husband, all of which has been and will be to a great detriment and loss.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; C.nd
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLI_.ENBERGEP, & JANUZZ_l, LLP
Bv:
rTi'othy A% SHdllehb•'erger, Esq.
Attorney I.D. #34343
Dated.
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
Defendants
NO. 07-458 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
FACTS APPLICABLE TO ALL COUNTS
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B.
CLARK, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP,
and respectfully represent the following:
1. Plaintiff, RONALD E. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
2. Plaintiff, LYNN B. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
3. Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, are husband
and wife, having been married on September 1, 1972.
4. Defendant, Dane B. Clark, is an adult individual whose last know
address is 409 Wooddale Drive, Punxutawney, Jefferson County, Pennsylvania.
5. Defendant, BARBER TRUCKING, INCORPORATED, is a
Pennsylvania Corporation with a registered office address of 3661 Route 28
North, Brookville, Jefferson County, Pennsylvania.
6. Defendant, BARBER TRUCKING CO., INC., is a Pennsylvania
Corporation with a registered office address of 3661 Route 28 North, Brookville,
Jefferson County, Pennsylvania.
7. At all times relevant to the within stated cause of action, Defendant,
DANE B. CLARK, was acting as the agent and/or employee of and within the
course and scope of his employment/agency with Defendants, BARBER
TRUCKING CO., INC. and BARBER TRUCKING, INCORPORATED.
8. The facts and circumstances hereinafter set forth took place on
May 19, 2006, at approximately 4:56 p.m. on State Route 581, Camp Hill,
Cumberland County, Pennsylvania.
9. At the aforesaid time and place, Plaintiff, RONALD E. CLARK, was
the owner and operator of a 2004 Nissan Maxima, bearing Pennsylvania
Registration Number FHP2318.
10. At the aforesaid time and place, Plaintiff, LYNN B. CLARK., was a
passenger in the 2004 Nissan Maxima, owned and operated by Plaintiff,
RONALD E. CLARK.
11. At the aforesaid time and place, Defendant, DANE B. CLARK, was
operating a 1999 9400 International tractor, owned by Defendant, BARBER
TRUCKING CO., INC. and bearing Pennsylvania Registration Number AE53434.
12. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's,
2004 Nissan Maxima was stopped in traffic in the right-hand lane of westbound
state route 581 in the proximity of mile post 6.
13. Immediately prior to the aforesaid time and place, Defendant,
DANE B. CLARK, was operating the 1999 9400 International tractor west bound
on state route 581, traveling in the right-hand lane and had not yet reached the
stopped traffic in which, Plaintiff, RONALD E. CLARK's 2004 Nissan Maxima was
sitting.
14. At the aforesaid time and place, Defendant, DANE B. CLARK,
failed to stop the 1999 9400 International tractor, colliding with and partially
running over a 1999 Chevrolet Prism and its occupant, and then striking a 2002
Buick Rendezvous causing a multiple car chain reaction crash.
15. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's
2004 Nissan Maxima was the final car involved in the chain reaction and was
struck twice from behind by an unknown vehicle[s]. .
COUNT I - NEGLIGANCE
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
16. Paragraphs 1 through 15 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
17. The aforesaid collision was the direct and proximate result of
the negligence of Defendant's BARBER TRUCKING INCORPORATED and
BARBER TRUCKING CO., INC., acting through their agent, servant, and/or
employee, Defendant, DANE B. CLARK, and Defendant, DANE B. CLARK
individually, in operating the 1999 9400 International tractor in a careless,
reckless, and negligent manner as follows:
a. Failing to keep his eyes on the traffic ahead;
b. Failing to apply his brakes in time to avoid a collision
with the vehicles in front of him;
C. Driving at a speed greater than was reasonable and
prudent under the conditions and having regard to the
actual and potential hazards then existing and at a
speed greater than would have permitted him to bring
1999 9400 International tractor to a stop within the
assured clear distance ahead in violation of Section
3361 of the PA Motor Vehicle Code;
d. Driving at a speed in excess of the maximum posted
speed limit in violation of Section 3362 of the PA
Motor Vehicle Code;
e. Permitting the 1999 9400 International tractor he was
operating to strike the rear of two other vehicles;
f. In failing to apply the brakes in time to avoid the
collision;
g. In failing to operate the 1999 9400 International
tractor in accordance with existing traffic conditions;
and
h. In failing to keep a reasonable look-out for other
vehicles lawfully on the road.
18. As a result of the aforesaid collision, Plaintiff, RONALD E.
CLARK, has suffered serious and permanent injuries, including but not limited to
the following:
a. right wrist ulnar styloid fracture with triangular
fibrocartilage tear;
b. right hand paresthesis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the
cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the
lumbar spine;
e. cervicodorsal radiculopathy;
f. lumbosacral radiculopathy;
g. herniation of the intervertebral disc at the C6-7 level;
h. aggravation of preexisting degenerative disc disease
of the cervical spine;
i. aggravation of preexisting degenerative disc disease
of the lumbar spine;
j. myofascial pain syndrome;
k. muscle contaction cephalgia;
1. exacerbation of depression;
M. post traumatic stress disorder;
n. injury to the jaw on the right; and
o. extreme mental and physical anguish and emotional
upset.
19. As a direct and proximate result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
20. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained a permanent diminution in his ability to enjoy
life and life's pleasures for which damages are claimed.
21. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained scarring and disfigurement for which
damages are claimed.
22. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has suffered and may continue to suffer a loss of earnings
for which damages are claimed.
23. As a further result of the aforesaid injuries, RONALD E.
CLARK, has and/or may in the future incur a loss of earning capacity for which
damages are claimed.
24. As a further result of this collision, Plaintiff, RONALD E.
CLARK, has and/or may incur reasonable and necessary medical and
rehabilitative costs and expenses in excess of the amounts paid or payable
pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial
Responsibility Law, Workers' Compensation or any program, group contract, or
other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section
1719.
25. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has incurred or may hereinafter incur financial expenses
and losses which exceed sums recoverable under the limitations and exclusions
of the Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
26. Plaintiff, RONALD E. CLARK, sustained serious injury in this
collision which has caused him a serious impairment of bodily function.
Therefore, Plaintiff, RONALD E. CLARK, remains eligible to claim compensation
for non economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT II - NEGLIGANCE
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
27. Paragraphs 1 through 25 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
28. As a result of the aforesaid collision, Plaintiff, LYNN B. CLARK, has
suffered serious and permanent injuries, including but not limited to the following:
a. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the right shoulder;
b. right shoulder and subdeltoid brutitis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the lumbar spine;
e. cervical radiculopathy;
f. lumbosacral radiculopathy;
g. aggravation of preexisting degenerative disc disease
of the cervical spine;
h. aggravation of preexisting degenerative disc disease
of the lumbar spine; and
i. mental anguish and emotional upset.
29. As a direct and proximate result of the aforesaid injuries, Plaintiff,
LYNN B. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has sustained a permanent diminution in her ability to enjoy life and
life's pleasures for which damages are claimed.
31. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has suffered and may continue to suffer a loss of earnings for which
damages are claimed.
32. As a further result of the aforesaid injuries, LYNN B. CLARK,
has and/or may in the future incur a loss of earning capacity for which damages
are claimed.
33. As a further result of this collision, Plaintiff, LYNN B. CLARK,
has and/or may incur reasonable and necessary medical and rehabilitative costs
and expenses in excess of the amounts paid or payable pursuant to
Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law,
Workers' Compensation or any program, group contract, or other arrangement
for payment of benefits as defined in 75 Pa. C.S.A. Section 1719.
34. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has incurred or may hereinafter incur financial expenses and losses
which exceed sums recoverable under the limitations and exclusions of the
Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
35. Plaintiff, LYNN B. CLARK, sustained serious injury in this collision
which has caused him a serious impairment of bodily function. Therefore,
Plaintiff, LYNN B. CLARK, remains eligible to claim compensation for non
economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT III - NEGLIGANT MAINTINANCE
RONALD E. CLARK and LYNN B. CLARK v. BARBER TRUCKING
INCORPORATED and BARBER TRUCKING CO., INC.
36. Paragraphs 1 through 34 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
37. The aforesaid collision was the direct and proximate result of
the negligence of Defendants, BARBER TRUCKING INCOPORATED and
BARBER TRUCKING CO., INC. in permitting an employee or agent to operate
the1999 9400 International tractor which defendants knew or should have known
was in a defective condition and without keeping it in a proper state of repair as
follows:
a. All brake linings of Axel Number 4 were cracked and
glazed;
b. The right side brake linings of Axel Number 4 were
worn below minimum standards; and
c. The left side brake drum on Axel Number 4 contained
excessive cracks on the friction surface.
WHEREFORE, Plaintiffs, RONALD E. CLARK and LYNN B. CLARK,
demand judgment against Defendants, BARBER TRUCKING INCORPORATED;
and BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT IV - LOSS OF CONSORTIUM
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
38. Paragraphs 1 through 36 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
39. As a further result of the injuries sustained by his wife,
Plaintiff, LYNN B. CLARK, the Plaintiff, RONALD E. CLARK, has been and will
be deprived of the assistance, companionship, consortium, and society of his
wife, all of which has been and will be to a great detriment and loss.
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT V - LOSS OF CONSORTIUM
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
40. Paragraphs 1 through 38 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
41. As a further result of the injuries sustained by her husband, Plaintiff,
RONALD E. CLARK, the Plaintiff, LYNN B. CLARK, has been and will be
deprived of the assistance, companionship, consortium, and society of her
husband, all of which has been and will be to a great detriment and loss.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Timothy A. Shollenberger, Esq.
Attorney I . D. #34343
Dated:
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STIPULATION FOR LEAVE TO FILE AMENDED COMPLAINT
Pursuant to Pa.R.C.P. 1033, the parties to this action hereby stipulate and agree
as follows:
1. Plaintiffs shall be permitted to amend their complaint to correctly
identify Defendant, Barber Trucking Company, Inc. (Barber Trucking
Company, Incorporated) as Barber Trucking Co., Inc.
2. Plaintiffs shall be permitted to amend their complaint to correctly
identify the vehicle driven by Defendant, Dane B. Clark, as a 1999
International tractor, amending their original identification of the vehicle
as a 1984 International tractor trailer.
3. Plaintiff shall be permitted to make the aforementioned amendments to
each paragraph of the complaint that incorrectly identifies the name of
the defendant or the vehicle driven by Dane B. Clark.
4. Plaintiff shall be permitted to amend the caption to reflect the proper
legal name of the defendant incorrectly identified as Barber Trucking
Company, Inc. The amended name shall read: Barber Trucking Co.,
Inc.
SHOLLENBERGER & JANUZZI, LLP SILVERMAN & KRAWITZ
By: V/& By
T' othy A. Shollen erger, E .
Counsel for the Plaintiffs
Jeffery A. Krawitz, Esquire
Counsel for Defendants
•
^APR-27-2007 10:20 FROM:SHOLLENBERGER&JANUZZ 728 3400
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC_, and DANE
B. CLARK,
Defendants
TO:2156363999 P.20/21
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
STIPU.ATI'ON: FO:R`LEAVE TO FI:E 'A?IIIENDED, CItIIAINT '_
r'it
Pursuant to Pa.R.C.P. 1033, the parties to this action hereby stipulate and agree
as follows:
1. Plaintiffs shall be permitted to amend their complaint to correctly
identify Defendant, Barber Trucking Company, Inc. (Barber Trucking
Company, Incorporated) as Barber Trucking Co., Inc.
2. Plaintiffs shall be permitted to amend their complaint to correctly
identify the vehicle driven by Defendant, Dane B. Clark, as a 1999
International tractor, amending their original identification of the vehicle
as a 1984 International tractor trailer.
3. Plaintiff shall be permitted to make the aforementioned amendments to
each paragraph of the complaint that incorrectly identifies the name of
the defendant or the vehicle driven by Dane B. Clark.
4. Plaintiff shall be permitted to amend the caption to reflect the proper
EXHIBIT
s -APR-27-2007 10:20 FROM:SHOLLENBERCER&JANUZZ 72B 3400
r°
TO:2156363999 P.21/21
legal name of the defendant incorrectly identified as Berber Trucking
Company, Inc. The amended name shall read: Barber Trucking Co.,
Inc.
SHOLLENBERGER & JANUZZI, LLP
By:
even Ueiirgae"V?.,'
T othy A, 7S-
E
Counsel for the Plaintiffs
SILVERMAN & KRAWITZ
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
v.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this day of , 2007, 1 hereby certify that I
have served the following MOTION FOR LEAVE TO FILE AMENDED
COMPLAINT on the following via U.S. mail, postage prepaid:
Jeffery A. Krawitz, Esquire
Silverman & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
SHOLLENBERGER & JANUZZI, LLP
Attornevs for Plaintiff
By:
Ti t . Sh enbe r, uire
;7Jf
4
y
. MAY 2 2 2001
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW this day the ZS 1, day of , 2007, it is hereby ORDERED
that Plaintiff's Motion for Leave to File Amended Complaint is GRANTED and the
Plaintiff shall file an Amended Compliant identical to the one attached to
Plaintiffs Motion as Exhibit "B".
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
Defendants
NO. 07-458 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED COMPLAINT
FACTS APPLICABLE TO ALL COUNTS
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B.
CLARK, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP,
and respectfully represent the following:
1. Plaintiff, RONALD E. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
2. Plaintiff, LYNN B. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
3. Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, are husband
and wife, having been married on September 1, 1972.
4. Defendant, Dane B. Clark, is an adult individual whose last know
address is 409 Wooddale Drive, Punxutawney, Jefferson County, Pennsylvania.
5. Defendant, BARBER TRUCKING, INCORPORATED, is a
Pennsylvania Corporation with a registered office address of 3661 Route 28
North, Brookville, Jefferson County, Pennsylvania.
6. Defendant, BARBER TRUCKING CO., INC., is a Pennsylvania
Corporation with a registered office address of 3661 Route 28 North, Brookville,
Jefferson County, Pennsylvania.
7. At all times relevant to the within stated cause of action, Defendant,
DANE B. CLARK, was acting as the agent and/or employee of and within the
course and scope of his employment/agency with Defendants, BARBER
TRUCKING CO., INC. and BARBER TRUCKING, INCORPORATED.
8. The facts and circumstances hereinafter set forth took place on
May 19, 2006, at approximately 4:56 p.m. on State Route 581, Camp Hill,
Cumberland County, Pennsylvania.
9. At the aforesaid time and place, Plaintiff, RONALD E. CLARK, was
the owner and operator of a 2004 Nissan Maxima, bearing Pennsylvania
Registration Number FHP2318.
10. At the aforesaid time and place, Plaintiff, LYNN B. CLARK., was a
passenger in the 2004 Nissan Maxima, owned and operated by Plaintiff,
RONALD E. CLARK.
11. At the aforesaid time and place, Defendant, DANE B. CLARK, was
operating a 1999 9400 International tractor, owned by Defendant, BARBER
TRUCKING CO., INC. and bearing Pennsylvania Registration Number AE53434.
12. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's,
2004 Nissan Maxima was stopped in traffic in the right-hand lane of westbound
state route 581 in the proximity of mile post 6.
13. Immediately prior to the aforesaid time and place, Defendant,
DANE B. CLARK, was operating the 1999 9400 International tractor west bound
on state route 581, traveling in the right-hand lane and had not yet reached the
stopped traffic in which, Plaintiff, RONALD E. CLARK's 2004 Nissan Maxima was
sitting.
14. At the aforesaid time and place, Defendant, DANE B. CLARK,
failed to stop the 1999 9400 International tractor, colliding with and partially
running over a 1999 Chevrolet Prism and its occupant, and then striking a 2002
Buick Rendezvous causing a multiple car chain reaction crash.
15. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's
2004 Nissan Maxima was the final car involved in the chain reaction and was
struck twice from behind by an unknown vehicle[s]. .
COUNT I - NEGLIGANCE
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
16. Paragraphs 1 through 15 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
17. The aforesaid collision was the direct and proximate result of
the negligence of Defendant's BARBER TRUCKING INCORPORATED and
BARBER TRUCKING CO., INC., acting through their agent, servant, and/or
employee, Defendant, DANE B. CLARK, and Defendant, DANE B. CLARK
individually, in operating the 1999 9400 International tractor in a careless,
reckless, and negligent manner as follows:
a. Failing to keep his eyes on the traffic ahead;
b. Failing to apply his brakes in time to avoid a collision with the
vehicles in front of him;
C. Driving at a speed greater than was reasonable and
prudent under the conditions and having regard to the actual
and potential hazards then existing and at a speed greater
than would have permitted him to bring 1999 9400
International tractor to a stop within the assured clear
distance ahead in violation of Section 3361 of the PA Motor
Vehicle Code;
d. Driving at a speed in excess of the maximum posted speed
limit in violation of Section 3362 of the PA Motor Vehicle
Code;
e. Permitting the 1999 9400 International tractor he was
operating to strike the rear of two other vehicles;
f. In failing to apply the brakes in time to avoid the collision;
g. In failing to operate the 1999 9400 International tractor in
accordance with existing traffic conditions; and
h. In failing to keep a reasonable look-out for other
vehicles lawfully on the road.
18. As a result of the aforesaid collision, Plaintiff, RONALD E.
CLARK, has suffered serious and permanent injuries, including but not limited to
the following:
a. right wrist ulnar styloid fracture with triangular
fibrocartilage tear;
b. right hand paresthesis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the
cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the
lumbar spine;
e. cervicodorsal radiculopathy;
f. lumbosacral radiculopathy;
g. herniation of the intervertebral disc at the C6-7 level;
h. aggravation of preexisting degenerative disc disease
of the cervical spine;
i. aggravation of preexisting degenerative disc disease
of the lumbar spine;
j. myofascial pain syndrome;
k. muscle contaction cephalgia;
1. exacerbation of depression;
M. post traumatic stress disorder;
n. injury to the jaw on the right; and
o. extreme mental and physical anguish and emotional
upset.
19. As a direct and proximate result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
20. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained a permanent diminution in his ability to enjoy
life and life's pleasures for which damages are claimed.
21. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained scarring and disfigurement for which
damages are claimed.
22. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has suffered and may continue to suffer a loss of earnings
for which damages are claimed.
23. As a further result of the aforesaid injuries, RONALD E.
CLARK, has and/or may in the future incur a loss of earning capacity for which
damages are claimed.
24. As a further result of this collision, Plaintiff, RONALD E.
CLARK, has and/or may incur reasonable and necessary medical and
rehabilitative costs and expenses in excess of the amounts paid or payable
pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial
Responsibility Law, Workers' Compensation or any program, group contract, or
other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section
1719.
25. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has incurred or may hereinafter incur financial expenses
and losses which exceed sums recoverable under the limitations and exclusions
of the Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
26. Plaintiff, RONALD E. CLARK, sustained serious injury in this
collision which has caused him a serious impairment of bodily function.
Therefore, Plaintiff, RONALD E. CLARK, remains eligible to claim compensation
for non economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT II - NEGLIGANCE
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
27. Paragraphs 1 through 25 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
28. As a result of the aforesaid collision, Plaintiff, LYNN B. CLARK, has
suffered serious and permanent injuries, including but not limited to the following:
a. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the right shoulder;
b. right shoulder and subdeltoid brutitis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the lumbar spine;
e. cervical radiculopathy;
f. lumbosacral radiculopathy;
g. aggravation of preexisting degenerative disc disease
of the cervical spine;
h. aggravation of preexisting degenerative disc disease
of the lumbar spine; and
i. mental anguish and emotional upset.
29. As a direct and proximate result of the aforesaid injuries, Plaintiff,
LYNN B. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has sustained a permanent diminution in her ability to enjoy life and
life's pleasures for which damages are claimed.
31. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has suffered and may continue to suffer a loss of earnings for which
damages are claimed.
32. As a further result of the aforesaid injuries, LYNN B. CLARK,
has and/or may in the future incur a loss of earning capacity for which damages
are claimed.
33. As a further result of this collision, Plaintiff, LYNN B. CLARK,
has and/or may incur reasonable and necessary medical and rehabilitative costs
and expenses in excess of the amounts paid or payable pursuant to
Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law,
Workers' Compensation or any program, group contract, or other arrangement
for payment of benefits as defined in 75 Pa. C.S.A. Section 1719.
34. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has incurred or may hereinafter incur financial expenses and losses
which exceed sums recoverable under the limitations and exclusions of the
Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
35. Plaintiff, LYNN B. CLARK, sustained serious injury in this collision
which has caused him a serious impairment of bodily function. Therefore,
Plaintiff, LYNN B. CLARK, remains eligible to claim compensation for non
economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT III - NEGLIGANT MAINTINANCE
RONALD E. CLARK and LYNN B. CLARK v. BARBER TRUCKING
INCORPORATED and BARBER TRUCKING CO., INC.
36. Paragraphs 1 through 34 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
37. The aforesaid collision was the direct and proximate result of
the negligence of Defendants, BARBER TRUCKING INCOPORATED and
BARBER TRUCKING CO., INC. in permitting an employee or agent to operate
the1999 9400 International tractor which defendants knew or should have known
was in a defective condition and without keeping it in a proper state of repair as
follows:
a. All brake linings of Axel Number 4 were cracked and
glazed;
b. The right side brake linings of Axel Number 4 were
worn below minimum standards; and
c. The left side brake drum on Axel Number 4 contained
excessive cracks on the friction surface.
WHEREFORE, Plaintiffs, RONALD E. CLARK and LYNN B. CLARK,
demand judgment against Defendants, BARBER TRUCKING INCORPORATED;
and BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT IV - LOSS OF CONSORTIUM
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
38. Paragraphs 1 through 36 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
39. As a further result of the injuries sustained by his wife,
Plaintiff, LYNN B. CLARK, the Plaintiff, RONALD E. CLARK, has been and will
be deprived of the assistance, companionship, consortium, and society of his
wife, all of which has been and will be to a great detriment and loss.
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
COUNT V - LOSS OF CONSORTIUM
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING CO., INC.
40. Paragraphs 1 through 38 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
41. As a further result of the injuries sustained by her husband, Plaintiff,
RONALD E. CLARK, the Plaintiff, LYNN B. CLARK, has been and will be
deprived of the assistance, companionship, consortium, and society of her
husband, all of which has been and will be to a great detriment and loss.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING CO., INC., for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
, 3o 'o7
Dated: r
G:1TIM CASE FILES- OPEN\Clark, Ron and Lynn [Master File]1Pleadings\4 24 07 Amended Complaint [aw].doc
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this '30 day of , 2007, 1 hereby certify that I _MN have served the following AMENDED COM LAINT on the following via U.S.
mail, postage prepaid:
Jeffery A. Krawitz, Esquire
Silverman & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
By:
Tim thy A. ho lenberger, squire
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00458 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CLARK RONALD E ET AL
VS
BARBER TRUCKING INC ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
BARBER TRUCKING INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of JEFFERSON
serve the within COMPT, REQ PROD DOC, INTE
County, Pennsylvania, to
On February 12th , 2007 , this office was in receipt of the
attached return from JEFFERSON
Sheriff's Costs: So answ
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R: Thomas Kline
Dep Jefferson Co 82.44 Sheriff of Cumberland County
Postage 4.83 1
124.27 / 6'V
02/12/2007
SHOLLENBERGER JANUZZI
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00458 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CLARK RONALD E ET AL
VS
BARBER TRUCKING INC ET AL
R. Thomas Kline
.00 ..o
160 0
02/12/2007
SHOLLENBERGER JANUZZI
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
BARBER TRUCKING COMPANY INC
to wit:
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of JEFFERSON County, Pennsylvania, to
serve the within COMPT, REQ PROD DOC, INTE
On February 12th , 2007 , this office was in receipt of the
attached return from JEFFERSON
Sheriff's Costs:
Docketing
Out of County
Surcharge
Sworn and subscribe to before me
this day of ,
, Sheriff or Deputy Sheriff who being
So answer :
6.00
.00
10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00458 P
,COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CLARK RONALD E ET AL
VS
BARBER TRUCKING INC ET AL
R. Thomas Kline
/ ?.0
.00
16.00 ?r
02/12/2007
SHOLLENBERGER JANUZZI
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
CLARK DANE B
Sheriff or Deputy Sheriff who being
to wit:
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of JEFFERSON County, Pennsylvania, to
serve the within COMPLT, REQ PROD DOC, INT
On February 12th , 2007 , this office was in receipt of the
attached return from JEFFERSON
Sheriff's Costs:
Docketing
Out of County
Surcharge
Sworn and subscribe to before me
this day of
So answe -- ""
6.00
.00
10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ronald E. Clark et al
VS.
Barber Trucking Inc et al
SERVE: Barber Trucking Inc No. 07-458 civil
Now, January 24, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Jefferson
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. //.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
copy of the original
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
20 , at o'clock ' M. served the
the contents thereof.
County, PA
INo. 07-458 C.D.
Personally appeared before me, Harry Dunkle, Deputy for Thomas A. Demko,
(Sheriff of Jefferson County, Pennsylvania, who according to law deposes and
says that on January 29, 2007 at 1:25 o'clock P.M. served the Notice and Com-
(plaint upon BARBER TRUCKING, INC. and BARBER TRUCKING COMPANY, INC., Defendants
Iat the address of 3661 Route 28 North, Brookville, Township of Pinecreek,
(County of Jefferson, State of Pennsylvania, by handing to Brenda Mortimer,
ladult person in charge at time of service, two true copies of the Notice and
Complaint and by making known to her the contents thereof.
Personally appeared before me, Bill Dombrowski, Deputy for Thomas A. Demko,
(Sheriff of Jefferson County, Pennsylvania, who according to law deposes and
says that on February 5, 2007 at 10:37 o'clock A.M. served the Notice and Com-
plaint upon DANE B. CLARK, Defendant, at the address of 409 Wooddale Drive,
Punxsutawney, Township of Bell, County of Jefferson, State of Pennsylvania,
by handing to the defendant personally, a true copy of the Notice and Complaint,
and by making known to him the contents thereof.
Advance Costs Received: $125.00
My Costs: 80.44 Paid
Prothy: 2.00
Total Costs: 82.4
REFUNDED: $ 67.56
Sworn and subscribed
to before me this .
day of - e ;CJO
B
n Expires the
1 Monday, January 2010
So Answers,
V?/iCX?2, (?JI.fJ(.c? I??ePuty
eriff
JEFFERSON COUNTY, PENNSYLVANIA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ronald E. Clark et al
VS.
Barber Trucking Inc et al
SERVE: Barber Trucking Ccmpany Inc No. 07-458 civil
Now, January 24, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Jefferson
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA
Afradavit of Service
Now, 3.20 , at o'clock M. served the
within
upon
at
by handing to
a
copy of the original
and made known to the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20,
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
$
Jo. 07-458 C.D.
Personally appeared before me, Harry Dunkle, Deputy for Thomas A. Demko,
Sheriff of Jefferson County, Pennsylvania, who according to law deposes and
says that on January 29, 2007 at 1:25 o'clock P.M. served the Notice and Com-
plaint upon BARBER TRUCKING, INC. and BARBER TRUCKING COMPANY, INC., Defendants;
at the address of 3661 Route 28 North, Brookville, Township of Pinecreek,
County of Jefferson, State of Pennsylvania, by handing to Brenda Mortimer,
adult person in charge at time of service, two true copies of the Notice and
Complaint and by making known to her the contents thereof.
Personally appeared before me, Bill Dombrowski, Deputy for Thomas A. Demko,
Sheriff of Jefferson County, Pennsylvania, who according to law deposes and
says that on February 5, 2007 at 10:37 o'clock A.M. served the Notice and Com-
plaint upon DANE B. CLARK, Defendant, at the address of 409 Wooddale Drive,
utawney, Township of Bell, County of Jefferson, State of Pennsylvania,
by handing to the defendant personally, a true copy of the Notice and Complaint
and by making known to him the contents thereof.
Advance Costs Received: $125.00
My Costs: 80.4 Paid
Prothy: 2.00
Total Costs: 82.44
REFUNDED: $ 67.56
Sworn and subscribed
to before me this
day of -;00-7
?,..
n Expires the
1st Monday, January 2010
So Answers,
al?4eriff
JEFFERSON COUNTY, PENNSYLVANIA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ronald E. Clark et al
VS.
Barber Trucking Inc et al
SERVE: Dane B. Clark No. 07-458 civil
Now, January 24, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Jefferson County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, V20 , at
within
upon
o'clock ' M. served the
at
by handing to
a copy of the original
and made known to
Sworn and subscribed before
me this day of , 20
So answers,
the contents thereof.
Sheriff of County, PA
COSTS
SERVICE -
MILEAGE _
AFFIDAVIT
. 07-458 C.D.
Personally appeared before me, Harry Dunkle, Deputy for Thomas A. Demko,
Sheriff of Jefferson County, Pennsylvania, who according to law deposes and
says that on January 29, 2007 at 1:25 o'clock P.M. served the Notice and Com-
plaint upon BARBER TRUCKING, INC. and BARBER TRUCKING COMPANY, INC., Defendants;
at the address of 3661 Route 28 North, Brookville, Township of Pinecreek,
County of Jefferson, State of Pennsylvania, by handing to Brenda Mortimer,
adult person in charge at time of service, two true copies of the Notice and
Complaint and by making known to her the contents thereof.
Personally appeared before me, Bill Dombrowski, Deputy for Thomas A. Demko,
Sheriff of Jefferson County, Pennsylvania, who according to law deposes and
says that on February 5, 2007 at 10:37 o'clock A.M. served the Notice and Com-
plaint upon DANE B. CLARK, Defendant, at the address of 409 Wooddale Drive,
tawney, Township of Bell, County of Jefferson, State of Pennsylvania,
handing to the defendant personally, a true copy of the Notice and Complaint
land by making known to him the contents thereof.
Advance Costs Received:
My Costs:
Prothy:
Total Costs:
REFUNDED:
$125.00
80.44
2.00
82.44
$ 67.56
Paid
Sworn and subscribed
to before me this --
Cay ? of -
I
3`7 . ?"
My i ion F .roe the
jet Monday, January 2010
So Answers,
DevutS
% b
'%'a P40""20 erif f
JEFFERSON COMM, PENNSYLVANIA
SILVERMAN & KRAWITZ
BY: JEFFREY A. KRAWITZ, ESQUIRE
Attorney I.D. No.: 49530
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
(215) 569-0000
RONALD E. CLARK and LYNN B. CLARK,
husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC. and DANE B. CLARK
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-458 CIVIL TERM
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
ANSWER TO AMENDED COMPLAINT ON BEHALF OF
DEFENDANTS BARBER TRUCKING, INC., BARBER
TRUCKING CO.. INC. AND DANE B. CLARK WITH NEW MATTER
Defendants, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark, by and
through their counsel, Silverman & Krawitz, hereby respond to plaintiffs' Complaint as follows:
1. Denied in accordance with Rule 1029(e).
2. Denied in accordance with Rule 1029(e).
3. Denied in accordance with Rule 1029(e). To the extent that the allegations of thi
paragraph state conclusions of law, no response is required.
4. Admitted.
5. Admitted.
6. Denied in accordance with Rule 1029(e). By way of further response, there is an
entity known as Barber Trucking Co., Inc. which is a Pennsylvania corporation and does have a
1362\072\pleads\ansamdcomp.072607. WPD
principal place of business on Route 28 in Brookville, Jefferson County, PA.
7. Admitted in part. Denied in part. It is specifically denied that at any time relevant
was defendant Dane Clark acting as an agent and/or employee of Barber Trucking Co., Inc.
(herein `BTCI"). It is admitted that at all relevant times, Dane Clark was an employee of Barber
Trucking, Inc. (herein "BTI")
8. Denied in accordance with Rule 1029(e).
9. Denied in accordance with Rule 1029(e).
10. Denied in accordance with Rule 1029(e).
11. Admitted.
12. Denied in accordance with Rule 1029(e).
13. Denied in accordance with Rule 1029(e). It is specifically denied that Dane
Clark was operating a 1984 International tractor, but rather was operating a 1999 International
tractor at all times relevant and it is admitted that he was westbound on State Route 581. The
remaining allegations are denied.
14. Denied in accordance with Rule 1029(e). To the extent that the allegations of
paragraph state conclusions of law, no response is required.
15. Denied in accordance with Rule 1029(e).
COUNT I - NEGLIGENCE
RONALD E. CLARK v. DANE B. CLARK; BARBER
TRUCKING, INC.; AND BARBER TRUCKING CO., INC.
16. Defendants incorporate by reference their answers to paragraphs 1 through 15 of
plaintiffs' Complaint as if same were set forth fully and at length herein.
WPD
17. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
18. Denied in accordance with Rule 1029(e). To the extent that the allegations of
paragraph state conclusions of law, no response is required.
19. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
20. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
21. Denied in accordance with Rule 1029(e). To the extent that the allegations of
paragraph state conclusions of law, no response is required.
22. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
23. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
24. Denied in accordance with Rule 1029(e). To the extent that the allegations of
paragraph state conclusions of law, no response is required.
25. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
26. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
1362\072\pleads\ansamdcomp.072607. WPD
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
COUNT II - NEGLIGENCE
LYNN B. CLARK v. DANE B. CLARK; BARBER
TRUCKING, INC.; AND BARBER TRUCKING CO., INC.
27. Defendants incorporate by reference their answers to paragraphs 1 through 26 of
plaintiffs' Complaint as if same were set forth fully and at length herein.
28. Denied in accordance with Rule 1029(e). To the extent that the allegations of
paragraph state conclusions of law, no response is required.
29. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
30. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
31. Denied in accordance with Rule 1029(e). To the extent that the allegations of thi
paragraph state conclusions of law, no response is required.
32. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
33. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
34. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required.
35. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
1362\072\pleads\ansamdcomp.072607. WPD
paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
COUNT III - NEGLIGENT MAINTENANCE
RONALD E. CLARK v. DANE B. CLARK; BARBER
TRUCKING, INC.; AND BARBER TRUCKING CO., INC.
36. Defendants incorporate by reference their answers to paragraphs 1 through 35 of
plaintiffs' Complaint as if same were set forth fully and at length herein.
37. Denied in accordance with Rule 1029(e). To the extent that the allegations of this
paragraph state conclusions of law, no response is required. Furthermore, it is specifically denied
that BTI had knowledge of any defective condition and furthermore did not have responsibility
regard to the tractor and its maintenance since the equipment was owned and maintained by B
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
COUNT IV - LOSS OF CONSORTIUM
RONALD E. CLARK v. DANE B. CLARK; BARBER
TRUCKING, INC.; AND BARBER TRUCKING CO., INC.
38. Defendants incorporate by reference their answers to paragraphs 1 through 37 of
plaintiffs' Complaint as if same were set forth fully and at length herein.
39. Denied in accordance with Rule 1029(e). To the extent that the allegations of
paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
1362\072\pleads\ansamdcomp.072607. W PD
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
COUNT V - LOSS OF CONSORTIUM
LYNN B. CLARK v. DANE B. CLARK; BARBER
TRUCKING INC.: AND BARBER TRUCKING CO., INC.
40. Defendants incorporate by reference their answers to paragraphs 1 through 39 of
plaintiffs' Complaint as if same were set forth fully and at length herein.
41. Denied in accordance with Rule 1029(e). To the extent that the allegations of
paragraph state conclusions of law, no response is required.
WHEREFORE, Barber Trucking, Inc., Barber Trucking Co., Inc. and Dane B. Clark
hereby demand judgment in their favor and against plaintiffs, together with the costs of suit,
including reasonable attorney's fees and other relief as may be just and reasonable.
NEW MATTER
42. Plaintiffs' complaint fails to state a claim upon which relief may be granted.
43. Plaintiffs' damages occurred as a result of plaintiffs' assumption of the risk.
44. Plaintiffs' claims are barred by the applicable Statute of Limitations.
45. Plaintiffs' claims are barred by the applicable provisions of the Pennsylvania
Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et seq.
46. Plaintiffs' claims are barred and/or limited by the applicable provisions of the
Pennsylvania Comparative Negligence Act.
47. If plaintiffs sustained damages as claimed in the complaint, the same of which is
specifically denied, those damages were caused in whole or in part by plaintiffs' own negligence.
48. If plaintiffs sustained the damages claimed in the complaint, the same of which is
WPD
specifically denied, those damages were caused in whole or in part by conditions over which
answering defendants had no control.
49. The accident and damages as alleged herein occurred as a result of the negligence,
carelessness, recklessness and wanton and willful disregard for the safety of others on the part of
third-parties.
50. Answering defendants breached no duty owed to plaintiffs.
51. Plaintiffs' claims are barred and/or limited by the Doctrines of Res Judicata and/or
Estoppel.
52. Plaintiffs' claims are barred and/or limited by the Medical Cost Containment
provisions of the Pennsylvania Code and Pennsylvania Motor Vehicle Financial Responsibility
Law, 75 Pa.C.S.A. §1701, et seq.
53. Defendants, at all times, acted in accordance with, and did not violate, any
applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and/or
Pennsylvania Motor Vehicle Code.
54. Defendants at all times complied with all applicable provisions of the FMCSR and
other applicable DOT regulations.
55. Plaintiffs' claims are barred and/or limited for failure to join necessary and/or
indispensable parties.
1362\072\pleads\ansamdcomp.072607. WPD
WHEREFORE, answering defendants demand judgment in their favor and against
together with the costs of defense and such other and further relief as the court may deem just and
equitable.
Respectfully submitted,
SILVERMAN & KRAWITZ
Barber Trucking Co.,
1362\072\pleads\ansamdcomp.072607. WPD
Inc. and Dane B. Clark
VERIFICATION
I, JEFFREY A. KRAWITZ, ESQUIRE, being duly sworn according to law,
deposes and says that he is attorney for defendants Barber Trucking, Inc., Barber Trucking Co.,
Inc. and Dane B. Clark and is authorized to submit this Verification and that the facts set forth in
the foregoing Answer to plaintiffs' Amended Complaint with New Matter are true and correct to
the best of my knowledge, information and belief. I understand that the statements therein are
made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
o.,
Dated. I
1362\072\pkads\ansamdcvmp.072607. WPD
Inc. and Dane B. Clark
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO DEFEINDANTW NEW MATTER IN RESPONSE TO
PLAINTIFF'S AMENDED COMPLAINT
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, by
and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and
respectfully represent the following:
Paragraphs 1 through 41 of the Plaintiffs Complaint are incorporated
herein by reference as if set forth in full.
42. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
43. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
44. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
45. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
46. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
47. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
48. Said averment is denied pursuant to Pa. R.C.P. 1029(e).
49. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
50. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
51. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
52. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
53. Said averment is denied pursuant to Pa. R.C.P. 1029(e).
54. Said averment is denied pursuant to Pa. R.C.P. 1029(e).
55. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, the Plaintiffs respectfully requests that the Defendants'
New Matter be dismissed and judgment entered in favor of the Plaintiffs as a
matter of law.
Respectfully submitted,
By:
Attorney
#34343
Date: Q - 5- 07
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
y
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CIERTIFICA
AND NOW this day of
have served the following Reply to Ne
postage prepaid:
OF SERWCE
P'UnVCV, 2007, 1 hereby certify that I
Matter on the following via U.S. mail,
Jeffery A. Krawitz, Esquire
Silverman & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
By:
ire
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiffs
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION FOR STATUS CONFERENCE REGARDING DISCOVERY
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B.
CLARK, by and through their attorneys, Shollenberger and Januzzi, LLP and do
respectfully represent the following:
1. Plaintiffs initiated the above captioned action on or about January
19, 2007 by filing and serving a Complaint upon the Defendants.
2. Plaintiffs propounded Interrogatories and Requests for Production
of Documents to Defendants on or about January 19, 2007.
3. Counsel for the Defendants, Jeffrey A. Krawitz, entered an
appearance on or about March 16, 2007.
4. Defendants filed Answer and New Matter to Plaintiff's Complaint on
or about March 21, 2007.
5. Plaintiffs filed reply to Answer and New Matter by Defendant on or
about April 4, 2007.
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
1
6. Plaintiff's filed an Amended Complaint with consent of Defendants
on or about June 5, 2007.
7. Defendants filed an answer to Plaintiffs Amended Complaint on or
about August 1, 2007.
8. Notice of oral deposition for Defendant Dane B. Clark to be
deposed on November 27, 2007 was mailed to Defendant care of opposing
counsel on or about September 7, 2007.
9. Oral deposition of Defendant Dane B. Clark was postponed by
mutual agreement between the parties on or about November 26, 2007 via
facsimile.
10. Plaintiff believes and avers that the requested status
conference is needed to facilitate the completion of discovery in this matter,
including answers to Plaintiff's Interrogatories, Request for Production of
Documents, and the deposition of the Defendant.
11. Counsel for the Plaintiff secured oral consent from all counsel of
record.
12. Counsel for the Plaintiff has disclosed the full text of the Status
Conference Regarding Discovery and the accompanying order by facsimile to
counsel for the Defendant on March 3, 2008, and said counsel concurs in this
Motion.
13. Counsel for the Estate of Leslie Bentz, et al. has orally informed
this office of his intent to file a complaint against Defendants in the above
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
2
captioned matter, and said complaint arises out of the same transaction and
occurrence as Plaintiff's Complaint in the above captioned matter.
14. It is expected that the above captioned matter and the matter of the
Estate of Leslie Bentz v. Barber Trucking, Inc. will be joined and therefore
coordination of discovery is desired.
15. Counsel for the Estate of Leslie Bentz, et al. verbally consented on
February 1, 2008 to this Motion for Status Conference Regarding Discovery.
16. Counsel for the Plaintiff has disclosed the full text of the Motion for
Status Conference Regarding Discovery and the accompanying order by
facsimile to counsel for the Estate of Leslie Bentz, et al. on March 3, 2008, and
said counsel concurs in this Motion.
17. No judge has ruled upon any other issue in the same or related
matter.
WHEREFORE, Plaintiffs Ronald E. Clark and Lynn B. Clark respectfully requests
that this Honorable Court issue an order scheduling a Status Conference Regarding
Discovery in the above captioned action for the purposes of facilitating the completion of
discovery and obtaining depositions.
Respectfully submitted
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
By:
Ti thy A. Shollenberger, Esq.
3-6-09 Attorney I. D. No. 34343
Date:
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiffs
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE REGARDING MOTION FOR STATUS CONFERENCE
REGARDING DISCOVERY
And now, this " day of March, 2008, 1 hereby certify that a copy
of the foregoing Plaintiff's Motion to Request a Status Conference regarding
Discovery was mailed via U.S. Mail today to the following:
Jeffery A. Krawitz, Esquire
Silverman, Burns, Kasmen, & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
Attorney for Defendants
Hubert X. Gilroy, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for the Estate of Leslie Bentz, et al.
SHOLLENBERGER & JANUZZI, LLP
By:
T othy A. hollenberger, Esq.
Attorney I D#34343
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
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RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs,
NO. 07-458 Civil Term
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
Defendants.
ESTATE OF LESLIE K. BENTZ, by
THOMAS E. BENTS, Administrator of
THE ESTATE OF LESLIE K. BENTZ,
Plaintiff,
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P NNSYLVANIA
NO. 2007-3895
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this day of , 2008, upon consideration
of Plaintiffs Motion for Discovery Conference, it is HEREBY ORDERE that said
Motion is GRANTED, and a discovery conference will be held in this ase on
.5', 2008, at ?D 'OD at the Cumberland County Courthou e,
Floor,
Di tribution:
imothy A. Shollenberger, Esquire Attorney for the Plaintiff
Al Eff"Irey rey A. Datz, Esquire Attorney for the Defendant
ert X. Gilroy, Esquire Attorney for the Defendant
A. Krawitz, Esquire Attorney for the Defendant
OT to's ryU'DA'V-'-L
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Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
4
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AdViu r 1::. ` ]HI 3O
RONALD E. CLARK AND LYNN B. IN THE COURT OF COMMON PLEAS OF
CLARK, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
07-458 CIVIL TERM
v CIVIL ACTION - LAW
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.:
CLARK,
Defendants JURY TRIAL DEMANDED
ESTATE OF LESLIE K. BENTZ, by IN THE COURT OF COMMON PLEAS OF
THOMAS E. BENTS, Administrator CUMBERLAND COUNTY, PENNSYLVANIA
of THE ESTATE OF LESLIE K.
BENTZ, 07-3895 CIVIL TERM
Plaintiff CIVIL ACTION - LAW
v
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.:
CLARK,
Defendants JURY TRIAL DEMANDED
IN RE: DISCOVERY CONFERENCE
ORDER OF COURT
AND NOW, this 25th day of April, 2008, upon
consideration of Plaintiffs' Motion for Status Conference
regarding discovery at No. 07-458 Civil Term and 07-3895 Civil
Term, and following a conference held in the chambers of the
undersigned Judge, in which Plaintiffs Ronald E. Clark and
Lynn B. Clark were represented by Timothy A. Shollenberger,
Esquire, Plaintiff Estate of Leslie K. Bentz, by Thomas E. Bents,
Administer of the Estate of Leslie K. Bentz, was represented by
Hubert X. Gilroy, Esquire, and Defendants Barbara Trucking, Inc.
Barber Trucking Co., Inc., and Dane B. Clark were represented by
Lawrence M. Silverman, Esquire, and pursuant to an agreement of
counsel, it is ordered and directed as follows:
1. Factual discovery shall be completed within
60 days of the date of this order;
2. Mediation shall occur within 60 days after
the deadline of factual discovery;
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3. If the parties cannot agree upon a mediator
within 30 days, the parties shall petition the Court to appoint a
mediator; and
4. Defendants concede responsibility for the
occurrence of the chain reaction collision and are defending
solely on the extent of injuries and the factual cause thereof.
By the Court,
? Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
For Plaintiffs Ronald E. Clark and Lynn B. Clark
..,?awrence M. Silverman, Esquire
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
For Defendants
-,--?Hubert X. Gilroy, Esquire
10 East High Street
Carlisle, PA 17103
For Plaintiff Estate of Leslie Bents, et. al
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
Defendants
ESTATE OF LESLIE K. BENTZ, by
THOMAS E. BENTS, Administrator of THE
ESTATE OF LESLIE K. BENTZ,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE B.
CLARK,
NO. 07-458 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-3895 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
CERTIMCOATE OF SERVICE,
And now, this' day of June, 2008, 1 hereby certify that a true and
correct copy of Plaintiffs Ron and Lynn Clark's Interrogatory to Defendant
Dane B. Clark has been served upon the following via U.S. Mail, postage
prepaid, addressed to:
6
SHOLLENBERGER &JANUZZI,LLP
2225 MILLENNIUM WAY ! ENOLA, PA 17025
(717) 728.3200 ! FAX (717) 728.3400
Jeffery A. Krawitz, Esquire
Silverman & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
Jeffrey A. Datz, Esquire
Seidel, Weitz, Garfinkle & Datz, LLC
20th Floor
121 South Broad Street
Philadelphia, PA 19107-4553
Hubert X. Gilroy, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Phone: 243-3341
Fax: 243-1807
SHOLLENBERGER & JANUZZI, LLP
By:
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENNIUM WAY ! ENOLA, PA 17025
(717) 728-3200 ! FAX (717) 728-3400
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B.
CLARK, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP,
and respectfully represent the following:
1. The above-captioned action was initiated by the filing of a Complaint
on January 22, 2007.
2. Defendants filed their Answer with New Matter on March 22, 2007.
3. The above captioned action arose from an automobile crash that
occurred on May 19, 2006 on State Route 581, Camp Hill, Cumberland
County, Pennsylvania.
4. Defendant, DANE B. CLARK, was operating a tractor trailer, when he
failed to yield behind stopped traffic, thereupon causing a multiple
vehicle crash which resulted in personal injuries to Plaintiffs,
RONALD E. CLARK and LYNN B. CLARK, as well as other motorists
involved.
5. Defendant, DANE B. CLARK, is incarcerated in the Jefferson County
Prison. The prison is located in Brookville, Jefferson County,
Pennsylvania.
6. Plaintiffs have not been provided with a date when Defendant,
DANE B. CLARK, will be released from prison. Counsel for Defendants
has indicated in verified Answers to Interrogatories that there is no
release date set for Defendant, DANE B. CLARK.
7. In order to proceed with their personal injury case, Plaintiffs are entitled
to depose Defendant, DANE B. CLARK.
8. If this motion is granted, Plaintiff will coordinate the scheduling of the
deposition with Counsel for both Defendants, Counsel for all Plaintiffs
who have filed lawsuits relative to the aforementioned crash, as well as
the Jefferson County Prison. The scheduling and taking of the
deposition will be done in accordance with the Pennsylvania Rules of
Civil Procedure and the requirements mandated by the Jefferson
County Prison.
9. Counsel for the Plaintiffs has contacted Counsel for Defendants, as
well as Counsel for all other Plaintiffs who have filed lawsuits relative to
the aforementioned crash, and all Counsel concur with the filing of this
motion and the relief sought herein.
2
Shollenberger & Januzzi, LLP
2225 Millennium Way, Enola, PA 17025
Phone: 717-728-3200 Fax: 717-728-3400
WHEREFORE, Plaintiffs request this Honorable Court grant leave to take
the Deposition of Incarcerated Defendant, DANE B. CLARK, at the Jefferson
County Prison.
Respectfully submitted,
By:
Date: September 3, 2008
3
Shollenberger & Januzzi, LLP
1225 Millennium Way, Enola, PA 17025
Phone: 717-728-3200 Fax: 717-728-3400
SHOLLENBERGER & JANUZZI, LLP
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
- A E
AND NOW this 3rd day of September, 2008, 1 hereby certify that I have
served the following Motion to Depose Incarcerated Defendant on the following
via U.S. mail, postage prepaid:
Jeffery A. Krawitz, Esquire
Silverman & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
Jeffrey A. Datz, Esquire
Seidel, Weitz, Garfinkle & Datz, LLC
20th Floor
121 South Broad Street
Philadelphia, PA 19107-4553
4
Shollenberger & Januzzi, LLP
2225 Millennium Way, Enola, PA 17025
Phone: 717-728-3200 Fax: 717-728-3400
Hubert X. Gilroy, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
By:
5
Shollenberger & Januzzi, LLP
1225 Millennium Way, Enola, PA 17025
Phone: 717-728-3200 Fax: 717-728-3400
4 ? ~J
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SHOLLENBERGER & JANU=I, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
.SFP L _
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
.. QI?ER
AND NOW, this day of ?4 A , 2008, it is hereby
ORDERED, that Plaintiffs' Motion for Leave to Depose Incarcerated Defendant,
DANE B. CLARK is GRANTED, and Plaintiffs are instructed to schedule the
Deposition in accordance with the Pennsylvania Rules of Civil Procedure and
any special scheduling requirements of Jefferson County Prison. It is further
ORDERED that Plaintiffs shall arrange for the scheduling of the deposition with
Counsel for the Defendant, Jefferson County Prison, and Counsel for all Plaintiffs
who have filed a lawsuit relative to the May 22, 2007, collision and who wish to
participate in or be present during the deposition.
g ? C _1 E
AIN,
4i no
Di tribution:
/Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Phone: 717-728-3200
Fax: 717-728-3400
effery A. Krawitz, Esquire
Silverman & Krawitz
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
Phone: 215-636-4480
Fax: 215-636-3999
/Jeffrey A. Datz, Esquire
Seidel, Weitz, Garfinkle & Datz, LLC
20th Floor
121 South Broad Street
Philadelphia, PA 19107-4553
Phone: 267-809-8225
Fax: 267-809-8224
ZHubert X. Gilroy, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Phone: 243-3341
Fax: 243-1807
m?. LL
q/ro%
SILVERMAN BURNS KASMEN & KRAWITZ
BY: JEFFREY A. KRAWITZ, ESQUIRE
DANIEL H. MANDEL, ESQUIRE
Attorney I.D. Nos.: 49530 and 206745
Two Penn Center Plaza
Suite 910
Philadelphia, PA 19102
(215) 569-0000
RONALD E. CLARK and LYNN B. CLARK,
husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC. and
DANE B. CLARK
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 07-458 Civil Term
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
MOTION FOR SUMMARY JUDGMENT TO DISMISS ALL CLAIMS AGAINST
DEFENDANT, BARBER TRUCKING CO., INC. (INCORRECTLY IDENTIFIED AS
BARBER TRUCKING COMPANY, INC.)
Defendant, Barber Trucking Co., Inc. (`BTCI" ), by and through its undersigned
counsel, hereby respectfully requests summary judgment to dismiss all claims against Barber
Trucking Co., Inc. from the above-captioned matter and in support thereof avers as follows:
I . This action was initiated by Complaint filed on January 22, 2007 on behalf of
Plaintiffs, Ronald and Lynn Clark, arising out of a motor vehicle accident which occurred on
May 19, 2006 involving multiple vehicles. The subject accident has led to the filing of two
separate lawsuits in this jurisdiction as well as an action in the United States District Court
F'\WPCA T\DOCS\31362\072\pleads\mtn.summ.judg (clarks).wpd
for the Middle District of Pennsylvania.'. See Complaint attached hereto as Exhibit "A."
2. Part of the collision involved a tractor-trailer tandem operated on behalf of
Barber Trucking, Inc. ("BTI").
3. Plaintiffs asserted claims against BTI, BTCI and Dane B. Clark, the driver of
the tractor-trailer tandem involved in this motor vehicle incident. Dane Clark was an
employee of BTI, who at all times relevant had exclusive possession and control of the
tractor and trailer.
4. The tractor-trailer tandem was acquired by BTI through a lease agreement
with Barber Trucking Co., Inc. ("BTCI"), the title owner of the tractor-trailer tandem?
At the time of this incident, Defendant Clark was acting in the course and
scope of his employment with BTI.
6. It is acknowledged that the tractor-trailer tandem operated by Defendant
Clark on behalf of BTI collided initially with a vehicle being operated by Leslie K. Bentz
and thereafter a chain reaction of collisions occurred. See Exhibit "A" at ¶ 14
7. Plaintiffs improperly use BTI and BTCI interchangeably as the owners and/or
operators of the tractor-trailer tandem, in addition to averring that one or both was the
employer of Defendant Clark, and hence responsible for Defendant Clark's alleged
negligence. See Exhibit "A" at ¶¶ 7, 17, and 37.
Plaintiffs further allege that Defendants, BTI and BTCI are liable as a result
'Estate of Bentz v. Barber Trucking, Inc. et al., C.C.P. Cumberland County
No.07-3895; and Stungarys and Zeitner v. Barber Trucking et al., U.S.D.C. Middle
District of PA - No. 4:08-cv-169.
2 The Lease Agreement between BTI and BTCI is attached with the Affidavit of
Joseph D. Barber, infra at Exhibit "B."
1362\072\p1eads\mtn.summ.judg (clarks).wpd
of their "negligent maintenance" of the tractor-trailer tandem. See Exhibit "A" at Count III.
9. BTI is a certified interstate motor carrier with assigned US DOT # 387544,
with the tractor-trailer tandem being operated in the course of its business.
10. BTCI is not a certified motor carrier.
11. Federal oversight of the transportation of interstate commerce is governed by
Title 49 ("Transportation"), Subtitle IV ("Interstate Commerce"), Part B ("Motor Carriers,
Water Carriers, Brokers, and Freight Forwarders"), Chapters 131 - 139 of the United States
Code (49 U.S.C.A. § 13101 - 49 U.S.C.A. § 14914), and the federal regulations that have
been promulgated pursuant to these statutes.
12. The Federal Motor Carrier Safety Administration ("FMCSA") promulgated
regulations "rendering lessee-carriers fully responsible to the public for the operation of the
equipment they leased." See Progressive Cas. Ins. Co. v. Hoover, 809 A.2d 353, 359 n. 9
(Pa. 2002) (citing to Empire Fire & Marine Ins. Co. v. Libegy Mut. Ins. Co, 699 A.2d 482,
491-92 (Md. App. 1997)).
13. "The strict operational rules of the FMCSA create a conclusive presumption
that the lessee is liable for any negligence on the part of the driver of the leased equipment."
Roebuck v. Gatewaa Freight, LLC et aL, 1999 WL 124462 at *4 (E.D. Pa. 1999) (not
reported).
14. "The effect of the statutes and regulations is to make the carrier-lessee (i.e.
BTI) vicariously liable for injuries caused to the traveling public by virtue of the negligent
operation of any vehicle leased to it and operated under its certificate of necessity." Smith v.
Johnson,862 F.Supp. 1287, 1291 (M.D.Pa. 1994.).
15. Pursuant to the Affidavit of Joseph D. Barber, Vice-President and Secretary
F:\WPC4TIDOCS\31362\072\pleads\mm.summ.judg (clarks).wpd
of BTCI, BTCI had leased the subject tractor-trailer tandem involved in the incident on a
long-term basis to BTI. Moreover, BTCI is not a licensed interstate motor carrier. See
Affidavit attached hereto as Exhibit "B."
16. BTCI never employed Defendant Clark, nor was responsible to perform any
maintenance on the tractor-trailer tandem involved in the incident, nor did it maintain any
form of insurance on the tractor-trailer tandem involved in the incident. See Exhibit "B."
17. BTI, by contrast, provides and has at all times relevant maintained public
liability insurance to assure compliance with 49 CFR § 387, and pursuant to 49 CFR 376.12
0) where BTI assumes complete responsibility for the leased equipment, including the
tractor-trailer tandem involved in this incident.3 See Exhibit "B."
18. Moreover, BTI provides and at all relevant times maintained of record the
requisite "MCS-90" insurance certification to assure compliance to pay a final judgment
recovered resulting from any negligence in connection with the operation of equipment in its
interstate transportation business. See Form MCS-90 attached hereto as Exhibit "C."
19. In order to withstand a motion for summary judgment, a non-moving party
"must adduce sufficient evidence on an issue essential to his case and on which he bears the
burden of proof such that a jury could return a verdict in his favor." Ertrel v. Patriot-New
Co., 674 A.2d 1038 (Pa. 1996).
20. Summary Judgment should be granted when, based on the evidentiary record,
it is clear from doubt that the moving parry is entitled to judgment as a matter of law.
Sebelin v. Yamaha Motor CoKp., 705 A.2d 904 (Pa. Super. 1998).
3 "Equipment" is defined as "a motor vehicle, straight truck, tractor, semitrailer,
full trailer..." pursuant to 49 CFR § 376.2.
F:\WPCIffT\DOCS\31362\072\pleads\mtn.summ.judg (clarks).wpd
21. In this case, Plaintiffs' theories of negligence against BTCI involve purported
failures to maintain the tractor-trailer tandem, vicarious liability for the injuries caused by its
alleged employee, Defendant Clark, and negligent entrustment of the tractor-trailer tandem
to him.
22. However, Plaintiffs cannot maintain as part of this action a claim for damages
against BTCI because they are not liable for the actions of Defendant Clark.
23. Moreover, Plaintiffs cannot maintain their action against BTCI because the
tractor-trailer tandem involved in this incident was leased by BTI in full compliance with the
applicable Federal Motor Carrier regulations, with BTI having exclusive use, possession and
control over the tractor-trailer tandem, in addition to exclusive authority to select, hire and
train drivers to operate the subject tractor-trailer tandem . See Exhibit "B" at ¶9.
24. Plaintiffs have not, and cannot present any evidence whatsoever that BTCI
negligently entrusted the tractor-trailer tandem to Defendant BTI, and in turn to Defendant
Clark, and neither maintained or repaired the tractor-trailer, nor was it an employer of Clark
so as to be liable under the doctrine of respondeat superior.
25. Plaintiffs are not entitled to recover damages against BTCI given there is no
viable cause of action against this entity.
1362\072\p1eads\m[n.summ.judg (clarks).wpd
WHEREFORE, Defendant, Barber Trucking Co., Inc., respectfully requests that this
Honorable Court grant Defendant's Motion for Summary Judgment to Dismiss All Claims
against Barber Trucking Co., Inc.
SILVERMAN BURNS KASMEN& KRAWITZ
BY: 4??
JEFFREY A. KRAWITZ, ESQUIRE
DANIEL H. MANDEL, ESQUIRE
Attorneys for Defendants
Date: 011" log
F:\WPC DDOCS\31362\072\pleads\mtn.summ.judg (clarks).wpd
01/28/2007 14:58
r
8143652066
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17525
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff _
BARBER TRUCKINGINC
PAGE 02
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA JNO. 4 5 &uu CIVIL. ACTION - LAW
JURY TRIAL 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 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, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE , -F?RI?AATION'
ABOUT HIRING A LAWYER. 1` 111'? of
A the s&I, w?tisle, Pa_
7
'01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 03
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 REDUCE FEE
OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17018
(800) 990-9108
71/25/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 04
i
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse
de estas demandas expuestas en los paginas siguientes, usted tiene veinte (20) digs de'
plazo al partir de la fecha tie la demanda y la notification, Usted debe presentar una
apariencia escrita o en persona o por abogado y archivar en la carte an forma escrita
sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado
qua si usted no se defiende, la torte tomaro medidas y puede entrar una orden contra
usted sin previo aviso o notoficacaion y por cualquier queja o alivio qua as pedido en la
petition do demanda, usted puede perder dinero o sus propiededas o otros derechos
importantes pars usted,
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, Si NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL,
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
61/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 05
VHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 7283200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC., BARBER
TRUCKING COMPANY, INC., and DANE
B. CLARK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
COMPLAINT
FACTS APPLICABLE TO ALL COUNTS
AND NOW, come the Plaintiffs, RONALD E. CLARK and LYNN B.
CLARK, by and through their attorneys, SHOLLENBERGER & JANUZZI, !_LP,
and respectfully represent the following:
1. Plaintiff, RONALD E. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
2. Plaintiff, LYNN B. CLARK, is an adult individual who currently
resides at 928 Woodridge Drive, Enola, Cumberland County, Pennsylvania.
3. Plaintiffs, RONALD E. CLARK and LYNN B. CLARK, are husband
and wife, having been married on September 1, 1972
4. Defendant, Dane B. Clark, is an adult individual whose last know
address is 409 Wooddale Drive, Punxutawney, Jefferson County, Pennsylvania.
0112`112007 14:58 8143652066 BARBER TRUCKINGINC PAGE 06
5. Defendant, BARBER TRUCKING, INCORPORATED, is a
Pennsylvania Corporation with a registered office address of 3661 Route 28
North, Brookville, Jefferson County, Pennsylvania.
6. Defendant, BARBER TRUCKING COMPANY, INCORPORATED,
is a Pennsylvania Corporation with a registered office address of 3661 Route 28
North, Brookville, Jefferson County, Pennsylvania,
7. At all times relevant to the within stated cause of action, Defendant,
DANE B. CLARK, was acting as the agent and/or employee of and within the
course and scope of his employmentlagency with Defendants, BARBER
TRUCKING COMPANY, INCORPORATED and BARBER TRUCKING,
INCORPORATED.
8. The facts and circumstances hereinafter set forth took place on
May 19, 2006, at approximately 4:56 p.m. on State Route 581, Camp Hill,
Cumberland County, Pennsylvania.
9. At the aforesaid time and place, Plaintiff, RONALD E. CLARK, was
the owner and operator of a 2004 Nissan Maxima, bearing Pennsylvania
Registration Number FHP2318.
10. At the aforesaid time and place, Plaintiff, LYNN B. CLARK., was a
passenger in the 2004 Nissan Maxima, owned and operated by Plaintiff,
RONALD E. CLARK.
11. At the aforesaid time and place, Defendant, DANE B. CLARK, was
operating a 1984 9400 International tractor trailer, owned by Defendant,
01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 07
Y
BARBER TRUCKING, INCORPORATED and bearing Pennsylvania Registration
Number AE53434.
12, At the aforesaid time and place, Plaintiff, RONALD E. CLARK's,
2004 Nissan Maxima was stopped in traffic in the right-hand lane of westbound
state route 581 in the proximity of mile post 6.
13. Immediately prior to the aforesaid time and place, Defendant,
DANE B. CLARK, was operating the 1984 9400 International tractor trailer west
bound on. state route 581, traveling in the right-hand lane and had not yet
reached the stopped traffic in which, Plaintiff, RONALD E. CLARK's 2004 Nissan
Maxima was sitting-
14. At the aforesaid time and place, Defendant, DANE B. CLARK,
failed to stop the 1984 9400 International tractor trailer, colliding with and partially
running over a 1999 Chevrolet Prism and its occupant, and then striking a 2002
Buick Rendezvous causing a multiple car chain reaction crash,
15. At the aforesaid time and place, Plaintiff, RONALD E. CLARK's
2004 Nissan Maxima was the final car involved in the chain reaction and was
struck twice from behind by an unknown vehicle[s]. .
COUNT I - NEGLIGANCE
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING .
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
16. Paragraphs 1 through 15 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
17. The aforesaid collision was the direct and proximate result of
01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 08
the negligence of Defendant's BARBER TRUCKING INCORPORATED? and
BARBER TRUCKING COMPANY, INCORPORATED, acting through theiragent,
servant, and/or employee, Defendant, DANE B. CLARK, and Defendant, DANE
B, CLARK individually, in operating the 1984 9400 International tractor trailer in a
careless, reckless, and negligent manner as follows;
a, Failing to keep his eyes on the traffic ahead;
b_ Failing to apply his brakes in time to avoid a collision
with the vehicles in front of him;
c. - Driving at a speed greater than was reasonable and
prudent under the conditions and having. regard to the
actual and potential hazards then existing and at a
speed greater than would have permitted him to bring
1984 9440 International tractor trailer to a stop within
the assured clear distance ahead in violation of
Section 3361 of the PA Motor Vehicle Code;
d. Driving at a speed in excess of the maximum posted
speed limit in violation of Section 3362 of the PA
Motor Vehicle Code;
e. Permitting the 1984 9400 International tractor trailer
he was operating to strike the rear of two other
vehicles;
f. In failing to apply the brakes in time to avoid the
collision;
01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 09
J
g. In failing to operate the 1984 9400 International
tractor trailer in accordance with existing traffic
conditions; and
h. In failing to keep a reasonable look-out for other
vehicles lawfully on the road.
18, As a result of the aforesaid collision, Plaintiff, RONALD E.
CLARK, has suffered serious and permanent injuries, including but not limited to
the following:
a. right wrist ulnar styloid fracture with triangular
fibrocartilage tear;
b. right'hand paresthesis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the
cervical spine;
d. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the lumbar
spine;
e. cervicodorsal radiculopathy;
f_ lurnbosacral radiculopathy;
g. herniation of the intervertebral disc at the C6-7 level;
h, aggravation of preexisting degenerative disc disease
of the cervical spine;
01/23/2007 14:58 8143652066 BARBER TRUCKINGINC
J
i. aggravation of preexisting degenerative disc disease
of the lumbar spine;
j. myofascial pain syndrome;
k, muscle contaction cephalgia;
1, exacerbation of depression;
M. post traumatic stress disorder;
n. injury to the jaw on the right; and
o. extreme mental and physical anguish and emotional
upset.
19. As a direct and proximate result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
PAGE 10
20. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained a permanent diminution in his ability to enjoy
life and life's pleasures for which damages are claimed.
21. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has sustained scarring and disfigurement for which
damages are claimed.
22. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has suffered and may continue to suffer a loss of earnings
for which damages are claimed.
01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 11
23. As a further result of the aforesaid injuries, RONALD E.
CLARK, has and/or may in the future incur a loss of earning capacity for which
damages are claimed.
24. As a further result of this collision, Plaintiff, RONALD E.
CLARK, has and/or may incur reasonable and necessary medical and
rehabilitative costs and expenses in excess of the amounts paid or payable
pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial
Responsibility Law, Workers' Compensation or any program, group contract, or
other arrangement for payment of benefits as defined in 75 Pa. C.S.A, Section
1719.
25. As a further result of the aforesaid injuries, Plaintiff,
RONALD E. CLARK, has incurred or may hereinafter incur financial expenses
and losses which exceed sums recoverable under the limitations and exclusions
of the Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed,
26. Plaintiff, RONALD E. CLARK, sustained serious injury in this
collision which has caused him a serious impairment of bodily function,
Therefore, Plaintiff, RONALD E. CLARK, remains eligible to claim compensation
for non economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 12
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT 11 - NEGLIGANCE
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
27. Paragraphs 1 through 25 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full,
28. As a result of the aforesaid collision, Plaintiff, LYNN B. CLARK, has
suffered serious and permanent injuries, including but not limited to the following,
a. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the right shoulder;
b. right shoulder and subdeltoid brutitis;
C. severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the cervical spine;
d, severe strain and sprain of the muscles, tendons,
ligaments and other soft tissues at or about the lumbar spine;
e. cervical radiculopathy;
f. lumbosacral radiculopathy;
g1 aggravation of preexisting degenerative disc disease
of the cervical spine;
01/29,12007 14:58 8143652966 BARBER TRUCKINGINC
ti
h. aggravation of preexisting degenerative disc disease
of the lumbar spine; and
i, mental anguish and emotional upset.
29. As a direct and proximate result of the aforesaid injuries, Plaintiff,
LYNN B. CLARK, has undergone and in the future will undergo great pain
and suffering for which damages are claimed.
30, As a further result of, the aforesaid injuries, Plaintiff, LYNN S,
CLARK, has sustained a permanent diminution in her ability to enjoy life and
life's pleasures for which damages are claimed.
31. As a further result of the aforesaid injuries, Plaintiff,. LYNN B.
PAGE 13
CLARK, has suffered and may continue to suffer a loss of earnings for which
damages are claimed.
32_ As a further result of the aforesaid injuries, LYNN B, CLARK,
has and/or may in the future incur a loss of earning capacity for which damages
are claimed.
31 As a further result of this collision, Plaintiff, LYNN B. CLARK,
has and/or may incur reasonable and necessary medical and rehabilitative costs
and expenses in excess of the amounts paid or payable pursuant to
Subchapter'B of the Pennsylvania Motor Vehicle Financial Responsibility Law,
Workers' Compensation or any program, group contract, or other arrangement
for payment of benefits as defined in 75 Pa. C.S.A. Section 1719.
01/28/2007 14:58 £143652066 BARBER TRUCKINGINC PAGE 14
34. As a further result of the aforesaid injuries, Plaintiff, LYNN B.
CLARK, has incurred or may hereinafter incur financial expenses and fosses
which exceed sums recoverable under the limitations and exclusions of the .
Pennsylvania Motor Vehicle Financial Responsibility Law for which
damages are claimed.
35. Plaintiff, LYNN B. CLARK, sustained serious injury in this collision
which has caused him a serious impairment of bodily function. Therefore,
Plaintiff, LYNN B. CLARK, remains eligible to claim compensation for non
economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED, and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess. of the amount requiring compulsory arbitration.
COUNT III - NEGLIGANT MAINTINANCE
RONALD E. CLARK and LYNN B. CLARK v. BARBER TRUCKING
INCORPORATED and BARBER TRUCKING COMPANY, INCORPORATED
36. Paragraphs 1 through 34 of Plaintiffs' Complaint are
incorporated herein by reference and made a part hereof as if set forth in full.
37. The -aforesaidcollision was the direct and proximate result of
the negligence of Defendants, BARBER TRUCKING INCOPORATED and
BARBER TRUCKING COMPANY INCOPORATED in permitting an employee or
agent to operate the1984 9400 International tractor trailer which defendants
01/29/2007 14:59 8143652066
'RUCKINGINC PAGE 15
knew or should have known was in a defective condition and without keeping it in
a proper state of repair as {oNows:
a. All brake linings of Axel Number 4 were cracked and
glazed;
b. The right side brake linings of Axel Number 4 were
worn below minimum standards; and
c. The left side brake drum on Axel Number 4 contained
excessive cracks on the friction surface.
WHEREFORE, Plaintiffs, RONALD E. CLARK and LYNN B. CLARK,
demand judgment against Defendants, BARBER TRUCKING INCORPORATED;
and BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT IV - LOSS OF CONSORTIUM
RONALD E. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED;. and BARBER TRUCKING COMPANY, INCORPORATED
38. Paragraphs 1 through 36 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
39. As a further result of the injuries sustained by his wife,
Plaintiff, LYNN B. CLARK, the Plaintiff, RONALD E. CLARK, has been and will
be deprived of the assistance, companionship, consortium, and society of his
wife, all of which has been and will be to a great detriment and loss.
01/25/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 16
WHEREFORE, Plaintiff, RONALD E. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compulsory arbitration.
COUNT V - LOSS OF CONSORTIUM
LYNN B. CLARK v. DANE B. CLARK; BARBER TRUCKING
INCORPORATED; and BARBER TRUCKING COMPANY, INCORPORATED
40. Paragraphs 1 through 38 of Plaintiffs' Complaint are incorporated
herein by reference and made a part hereof as if set forth in full.
41. As a further result of the injuries sustained by her husband, Plaintiff,
RONALD E. CLARK, the Plaintiff, LYNN B. CLARK, has been and will be
deprived of the assistance, companionship, consortium, and society of her
husband, all of which has been and will be to a great detriment and foss.
WHEREFORE, Plaintiff, LYNN B. CLARK, demands judgment against
Defendants, DANE B. CLARK; BARBER TRUCKING INCORPORATED; and
BARBER TRUCKING COMPANY, INCORPORATED, for compensatory
damages in an amount in excess of the amount requiring compuis.ory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By.
othy A S drger, sq.
07 Attorney I D. #34343
/c
Dated: ? 9 ! r?
01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 17
VERIFICATION
hereby acknowledge that I am a Piaintiff in this
r
action and that I have read the L. and that the facts
stated herein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
S ignatu re
Date- 1 `?-' C, 7
G:\GLCr3ALI,WPDATAIDOCSIINITIAL CONSULT ROCS (SET.UPS)Werifiration.wpd
SHOLLENMRGER 6 SANUZZI. UP
2225 Millanmkimway. 6nola. PA 17025
(797) 729-3200 • fAx (717) 726.3200
01/29/2007 14:58 8143652066 BARBER TRUCKINGINC PAGE 18
VERIFICATION
hereby acknowledge that I am a Plaintiff in this
action and that I have read the and that the facts
stated herein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities,
? f
Signa`t frr
Date: 1 {
G'AGL05AL1WPpATA\DOGS%1NITIAL CONSULT DOCS (SETUPS)1Verifica6on.wpd
SHOLLENBERGER 8 JANUZZI, LLP
2225 Millennium Way, C•noia. PA 170Z5
(7171 77.8.>Zo0 . FAX (Y17) 728.3200
i?; ?I, 4 4
?x
AFFIDAVIT OF JOSEPH D. BARBER
I, Joseph D. Barber, hereby swear and affirm as follows:
1. I am currently and have been at all times relevant to this litigation the vice-
president and secretary of Barber Trucking Co., Inc. ("BTCI")
2. BTCI is/was at all times relevant to this litigation a corporation formed under
the laws of the Commonwealth of Pennsylvania on or about September 29,
1998, with its principal place of business located at 3661 Route 28 N,
Brookville, PA 15825.
3. BTCI is the title-owner of the tractor-trailer tandem being operated in the
business of Barber Trucking, Inc. ("BTI") on May 19, 2006, which was
comprised of a 1999 International Tractor, Model 9400, license number
AE53434, and a 1998 Freuhauf trailer, license number PT5541B.
4. BTCI leases equipment to BTI wherein equipment includes "a motor vehicle,
straight truck, tractor, semitrailer, full trailer..." pursuant to 49 CFR § 376.2,
such as the 1999 International Tractor ("Lease").
5. BTCI assumed the rights and obligations of this Lease from Joseph D. Barber
and Joseph L. Barber d/b/a Barber Trucking, a Partnership ("Partnership")
pursuant to an Agreement executed on November 6, 1998.
6. The Lease was entered into by and between the Partnership and Barber
Trucking, Inc. on June 1, 1991 pursuant to 49 U.S.C. § 11107 and 49 CFR §
1057 et seq. (since superseded by, and in fuii compliance widt 4,) U. i.C. §
14102 and 49 CFR § 376) for the leasing of motor vehicles to BTI, an
authorized motor carrier with Federal Docket number 219684.
7. BTCI is neither a motor carrier as defined under the provisions of 49 U.S.C.
§§ 13901 & 13902, nor is it authorized to perform transportation regulated by
the Federal Motor Carrier Safety Administration.
8. In accordance with federal regulations, the Lease provides that BTI shall
assume complete responsibility for the operation of the equipnnent and the
obligation to maintain public liability insurance coverage pursuant to 49 CFR
§ 387. (See Lease attached hereto as Exhibit "A.")
9. The Lease further provides that BTI "maintain the [equipment] in sound and
safe operating condition" (See Lease at ¶ 5, "Maintenance of Vehicles"); that
all drivers be "selected, employed, controlled and paid by [Barber Trucking,
Inc.]" (See Lease at ¶ 9, "Drivers"); and further mandates that BTI repair the
equipment and indemnify BTCI for any and all liability. (See Lease at ¶¶11,
14).
10. BTCI did not, nor at any time relevant to this litigation provide any insurance
coverage for equipment operated by Barber Trucking, Inc., including the
1999 International Tractor and 1998 Freuhauf Trailer.
11. BTCI did not, nor at any time relevant to this litigation perform maintenance,
preventative or otherwise, provide replacement parts, and/or repairs to the
subject tractor-trailer.
12. BTCI did not, nor at any time relevant to this litigation employ, compensate,
train, supervise or otherwise enter into an employer/employee relationship or
any other like relationship with Defendant, Dane B. Clark.
13. I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.. C.S.A. § 4903 relating to false swearing.
Barber Trucking Co., Inc.
eph D. Barber
Vice-President and Secretary
Sworn to and subscribed before me
this J6?K day of . SN n-f b ?c P_ . 2008
N
'L;OMMONWEALTH OF PENNSYLVANIA
Notarial Seal
JoAnn Smith, Notary Public
Rose Twp., Jefferson County
My Commission Expires Oct. 26, 2008
Member, Pennsylvania Asssociation Of Notaries
EXHIBIT "A"
EQUIPIKENT LEASE' AND SERVICE pa.MEHT
THIS LEASE is made this lat day of tuner 1991, between JOSEPH D,
BARBER AND JOSEPH L. RARBRR, t/d/b/a BARBER MCRING, individuaLa
residing in Brookville, pA (hereinafter called "LESSOR"), and BARBER
=VCjtjNG, xNC., a pehhtylvania corporation with offices in Brookville,
VX (hereinafter called "LESSEE").
1, PRjA1 SES
A. LESSOR is the owner of certain motor vehicles, as more
pIrticula>;ly get forth on schedule A attached hereto.
B. Lz55EE provides transportation of property and requires the
utilization of motor `Vehicles for said transportktion.
C, LESSEE desires to lease from LESSOR the motor vehicles set
forth on schedule A attached hereto in accordance with the terms and
conditions of this wrQunart-
XZs a MD ONDXIXONS
Xn consideration of the mutu4l covenants and promises herein
contained, the parties, intending to be legally bound, agree, represent
and warrant as follows:
1., Motor V c es. The parties agree that the motor vehicles
include only those vehicles set forth on Schedule A attached hereto,
together with such replacement vehicles and eactra vehicles subsequently
set forth on 96edule A du'ring''the term -of this Agreement.
2. T-t=- The-tsrm of this kgr%enent shall be vhe year from the
date hereof, providdd, however that the Agreement shall be extended for
additional one year terms if it is not terminated by one of the parties
by giving thirty (30) days adva2lce notice of te=ination prior to the
expiration of the initial term or any renewal term,
3. Tjt ' Title to the mo'tor vehicles eat forth in Schedule A,
or any replacement vehicles or extra vehicles, shall at all times remain i
in LESSOR and at no tine shall title become vested in ?E5SEE. This
Agreement is a lease and service agreeMant only and LESSEE shall acquire
no right, title or interest in or to the motor vehicles set forth in
Schedule A, or raplacement vehicles or extra vehicles, other than to use
the same undar the terms and conWitions herein set forth..
4. ;'Rent- LEMX agrees to pay to LESSOR rental: charges for•the '
use of each 'motor vehicle in accordance with thft rates set forth on
schedule A attached hereto and shall pay any additional rent required by
this Agreement. The rental for each vehicle shall commenoe on the date
of its actual. delivery and continue to the and of the term. ?
5. 'haintenang "V'ehicles. 'LESPEE agrees to maintain the
Vehicles in sound and safe operating condition, including furnishing all ?
mechanical maintenance, parts and labor, fuel, lubricants and grease and i
outer operating supplies and acctsuories necessary for the legal, proper {
and efficient operation of the vehicles. +
6. Insurance. LESSEE agrees to procure and maintain in full
force rind effect bodily inju?;-y and property damage liability insurance r
and cargo insurance, coVexiinq both LESSOR and LESSEE as insureds, for l
all vehicles leased hereunder in such amounts as are required by the
Interstate rotmmerce co=ission.
i
LESSEE agrpvs to procure aria maintain in full force and akfsot `
C'olli.sion Insurance and ComprahaAsive Insurance coverings both LESSOR and
LrssLM as znsbrads in such h1nount6 as shall be required by LESSOR.
7. ae nd Resist t R? Fees. U5SES will pay as additional
rent all'lioense and registration fees for the motor vehicles met forth
on schedule A and any replacement vehaelas or extra vehicles. To the
extent that these liaebgo and registration fees have been paid by
LESSOR, LES M will reimburse LESSDA for any 5udh fees.
8. Taxes and x.&. LESSE agrees to pay any and all taxes and
tolls required, including but not limited to federal highway use taxes,
mi.lange taxes, highway trolls or bridge tolls, which may result from the
operation of the leased vehicles.
9. arc. LESSEE agrees that all vehicles shall be operated
by sate, careful and propsrly licensed drivers to be selected, employed,
aohtrolled and paid-by LESSEE.
l.o. Normal jUsiness Conduct. LESSEE agrees that the vehicles
will he used for the transportation of property within the scope of
LESSEE's operating rights and only in the normal and ordinary conduct of
LESSEE"s busincsa.
ll. Renairs. LtS9EE will pay fur all repairs and maintenance
reaultinq from its use of any vehicle during the leaco term.
12. Reporting oP ACOj ante. In the case of any accident, LESSOR
and LZs M agrae to promptly cooperate with each other in the
investigation and handling of any and all claims arising therefrom.
LESSEE shall make prompt report to LESSOR of such accident with the
fullest information available.
13. ,Payment.. LOSEE agrees to pay LESSOR all rental and other
charges provided herein within fifteen (15) days of mailihq of the same
to LESSEE.
14. Indggpification. tBss E agrees to ind6mnify and hold
harmless LESSOR from any and all loss, liability, claims, damages and
expense, for injuries or dauage to the property or person, including
dabth of third persons resulting from the use, operation or maintenance
and servicing of the vehicles as well as for any loss, damage, expense,
liability for fines or penalties or any other liability whatsoever
arising' from use of the vehicles.
15, au t. LESSEE shall be in default of this Agreement upon
the occurrence and during the continuance of any one or more of the
following e"Vents: (1) if LESSEE shall fail to pay when due &by rental
charge or other charge or amount payable hereunder, (2) if LESSEE shall
default in the performance or observance of any term, covenant, condi-
tion or agreement contained herein and such d4tault shall continue for
tan (10) days after writtsh notice thereof from LESSOR to LESSEE; (3) if
any policy of insulance required to bo furnished by LESSEE shall not
have been furnished or shall be- terminated or cancelled in whole or in
part, without the prior written consent of LU SOR; or (4) if LESSEE
shall become insolvent or bankrupt Dr unable to pay its debts as Choy
mature or skull make an au6ignment for the benefit of creditors or
suffer di5salution or the termination of i.ts existence or the
disposition of all or a substantial portion of its assets, or a trustee
or receiver shall ba appointed for LESSEE or any of is property or
bankruptcy, op reorganization, insolvency or arrangement proceedings or
proceedings under any other laws relating to the relief of debtors or
similar lays shall ba commenced by or agaihst LESSEE or zf LESSEE
permits gr suffers any distress, attachment, levy or execution to be
made or levied ayaihat any or all of the property of LESSEE.
16. RemRdies in at 99,Aefault. In the event- of default,
L$SSDR may, in its diGCretien, exercise one or more of the following
reutcdies: (1) take im'aedipte possession of each vehiela, vheredok
located, together with all equipment and accessories thereon, 4nd enter
upon any premises where the-vehicle may be and remove the same, with or
without procass of-law, and without liability to LESSEE for trospass Dr
otherwise, for or by reasoW of such entry or taking possession, in which
anent LESSOR may retain or refuse to radeliver to L'E5Sa any vehicles
then or thereafter in USSOR's posces;sion until such breach or default
is cured, without any such actions being deemed an eat of termination of
this agreement and without prejudice to any other claims, rights or
remedies which LESSOR may have, and LESSEE shall continue to be liable
fox' all rental charges and other charges accruing during the psriod the
-2-
vehicles are retained by LESS09; (2)procead by appropriate oourt action
to anforce the terms hereof or to recover damag6v for breach of any to=
hv.root; ox (3) exercise any other right or remedy available under
applicable law.
17. Construction. This Agreement shall b+s construed ih accor-
damp with the ltVs of the•commohwealth of penngylvania.
18. .,W 1ZYA1idirv. It the event any term, covenant, condi-
tion or provision of this Agreement or the application thereof is deti?r-
mined to be invalid or unenforceable, to any extent, the remainder of
this Agreexent shall not, be affected thereby, and eadh term, covenant,
condition and provision of this Alrsamant shall be valid and be enforced
to the fullest extant pomitted by law.
I9e XDtj;:e, Agreement of Parties. This Agreement camut be
changed orally and constitutes the entira oontraot bmtwaen the parties
hereto. It shall not be modified nor changed by any exprsesed or
implied promises, warranties, guarantees, ropresehtations or other
info"ation unless expressly and specifically set forth in this Agree-
went or an addendum. thereto properly executed by the parties.
III. EXECUTION .
The parties hereto have read and duly executed this Agr4aement the
day and year first above stated.
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WITNESS,
BARB.'R TRUCKING, INC.
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ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS AGREEMENT is made this 6th day of November 1998 between
JOSEPH D. BARBER and JOSEPH L. BARBER d(b/a BARBER. TRUCKING,
individuals ("the Partnership"), and BARBER TRUCKING CO., a Pennsylvania
corporation ("Barber Co.")
1. PREMISES
A. By Equipment Lease and Service Agreement entered into on June 1, 1991,
("the Lease Agreement"), the Partnership agreed to lease to Barber Trucking, Inc.
("Barber, Inc.") certain motor vehicles as described in the Lease Agreement.
B. The Partnership desires to assign and Barber Co. desires to assume all of
the Partnership's rights and obligations relating to the Lease Agreement.
C. Barber, Inc_ has consented to the assignment.
11. TERMS AND CONDITIONS
In consideration of the mutual covenants and promises herein contained, the
parties, intending to be legally bound, agree represent and warrant as follows:
Assi ninent_ The Partnership hereby assigns, transfers and sets over to
Barber Co. all of its right, title and interest in the Lease Agreement.
2. Acceptance and. Indemnification. Barber Co. accepts the assignment of the
Lease Agreement and expressly assumes and agrees to perform and fulfill all of the
terns, covenants, conditions and obligations required of the Partnership under the Lease
Agreement as if Barber Co. originally had been named as the Lessor in the Lease
Agreement, and to indemnify and hold the Partnership harmless for any liability for
performance or nonperformance for the duties and obligations hereby assumed.
3. Effective Date. This agreement shall become effective on the date first
above stated.
4. Successors and Assigns. This Agreement and Assumption Agreement shall
be binding upon inure to the benefit of the parties hereto and .the respect of successors
and assigns.
111.111. EXECUTION
IN WITNESS WHEREOF, the parties, intending to be legally bound, have
executed this Assignment to the Lease Agreement the day and year first above stated-
CONSENTED TO:
BARBER TRUCKING, INC.
$y.
..
eph D. Barber, dice presiderzt
v.??./ z?1a2
J"o eph D. Barber
osep . Barber
BARBER TRUCKING CO.
ph D. Barber, Vice President
/55884
2
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G
E
ENDORSEMENT FOR
MOTOR CARRIL?POLICMS OF INSURANCE FOR PUBLI&t ABILITY
UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980
Issued to BARBER TRUCKING INC of BROOKVILLE
Dated at Stevens Point, WI this 1ST day'of
Amending Policy No. CT750289-1601-051
Name of Insurance Company
Telephone Number ( 715
V Select Insurance Corn
) 346-6059
Countersigned by
Form Approved
OMB No. 2125-0074
PA 15825
?I 2005
The policy to which this endorsement is attached provides primary or excess insurance, as indicated by "®", for the limits shown:
® This insurance is primary and the company shall not be liable for amounts is excess of $ 750,000.00 for each accident.
? This insurance is excess and the company shall not be liable for amounts in excess of $ for each accident
in excess of the underlying limit of $ for each accident.
Whenever required by the Federal Highway Administration (FHWA) or the Interstate Commerce Commission (ICC), the company agrees to furnish
the FHWA or the ICC a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request
by an authorized representative of the FHWA. or the ICC, to verify that the policy is in force as of a particular date.
Cancellation of this endorsement may be effected by the company or this insured by giving (1) thirty-five (35) days notice in writing
to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of
notice), and (2) if the insured is subject to the ICC's jurisdiction, by providing thirty (30) days notice to the ICC (said 30 days notice
to commence from the date the notice is received by the ICC at its office in Washington, D.C.
DEFINITIONS AS USED IN THIS ENDORSEMENT
ACCIDENT includes continuous or repeated exposure to conditions which
results in bodily injury, property damage, or environmental damage which
the insured neither expected nor intended.
MOTOR VEHICLE means a land vehicle, machine, truck, tractor, trailer,
or semitrailer propelled or drawn by mechanical power and used on a
highway for transporting property, or any combination thereof.
BODILY INJURY means injury to the body, sickness, or disease to any
person, including death resulting from any of these.
damage, or destruction of natural resources arising out of the acci-
dental discharge, dispersal, release or escape into or upon the land,
atmosphere, watercouse, or body of water, of any commodity
transported by a motor carrier. This shall include the cost of removal
and the cost of necessary measures taken to minimize or mitigate
damage to human health, the natural environment, fish, shellfish, and
wildlife.
PROPERTY DAMAGE means damage to or loss of use of tangible
property.
PUBLIC LIABILITY means liability of bodily injury, property dam-
ENVIRONMENTAL RESTORATION means restitution for the loss, age, and environmental restoration.
The insurance policy to which this endorsement is attached provides
automobile liability insurance and is amended to assure compliance by the
insured, within the limits stated herein, as a motor carrier of property, with
Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and
regulations of the Federal Highway Administration (FHWA) and the
Interstate Commerce Commission(ICC).
thereof, shall relieve the company from liability or from the pay-ment
of any final judgment, within the limits of liability herein described,
irrespective of the financial condition, insolvency or bankruptcy of the
insured. However, all terms, conditions, and limitations in the policy
to which the endorsement is attached shall remain, in full force and
effect as binding between the insured and the company. The Insured
agrees to reimburse the company for any payment made by the
In consideration of the premium stated in the policy to which this company on account of any accident, claim, or suit involving a breach
endorsement is attached, the insurer (the company) agrees to pay, within the of the terms of the policy, and for any payment that the company would
limits of liability described herein, any final judgment recovered against the not have been obligated to make under the provisions of the policy
insured for public liability resulting from negligence in the operation, except for the agreement contained in this endorsement.
maintenance or use of motor vehicles subject to the financial responsibility It is further understood and agreed that, upon Failure of the com-pany
requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 to pay any final judgment recovered against the insured as provided
regardless of whether or not each motor vehicle is specifically described in herein, the judgment creditor may maintain an action in any court of
the policy and whether or not such negligence occurs on any route or in any competent jurisdiction against the company to compel such payment.
territory authorized to be served by the insured or elsewhere. Such The limits of the company's liability for the amounts prescribed in this
insurance as is afforded, for public liability, does not apply to in jury to or endorsement apply separately, to each accident, and any payment under
death of the insured's employees while engaged in the course of their the policy because of any one accident shall not operate to reduce the
employment, or property transported by the insured, designated as cargo. It liability of the company for the payment of final judgments resulting
is understood and agreed that no condition, provision, stipulation, or from any other accident
limitation contained in the policy, this endorsement, or any other
endorsement thereon, or violation
The Motor Carrier Act of 1960 requires limits of financial responsibility according to the type of carriage and commodity transported
by the motor carrier. It is the MOTOR CARRIER'S obligation to obtain the required limits of financial responsibility.
THE SCHEDULE OF LIMITS SHOWN ON THE REVERSE SIDE DOES NOT PROVIDE COVERAGE.
The limits shown in the schedule are the information purposes only.
Form MCS90 (over) MC 1622K(10-99)
NOVEMBER
Effective Date 11/01/2005
SCHEDULE OF LIMITS
Public Liability
W.1 -
Minimum
Type of Carriage Commodity Transported Insurance
(1) For-hire (In interstate or foreign Property (nonhazardous),
commerce.)
(2) Far-hire and Private (in interstate, Hazardous substances as defined in 49 CFR, 171.8,
foreign, or intrastate commerce). transported in cargo tanks, portable tanks, or hopper-
type vehicles with capacities in excess of 3,500 water
gallons: or in bulk Division 1. 1, 1.2, and 1.3 materials;
any quantity of Division 2.3 Hazard Zone A or
Division 6.1, Packing Group 1, Hazard Zone A
material; in bulk Division 2.1 or 2.2; or highway route
controlled quantity radioactive materials as defined in
49 CFR 173.403.
(3) For-hire and Private (lin interstate Oil listed in 49 CFR 172.101 hazardous waste, hazard-
or foreign commerce: in any
quantity) or (in intrastate ous materials and hazardous substances defined in 49
commerce: in bulk only}. CFR 171.8 and listed in 49 CFR 172.101, but not
mentioned in (2) above or (4) below.
(4) For.-hire and Private (In interstate Any quantity of Division 1.1, 1.2 or 1.3 material; any
or foreign commerce), quantity of a Division 2.3, Hazard Zone A, or Division
6. 1, Packing Group 1, Hazard Zone A material; or
highway route controlled quantities of Class 7 materials
as defined in 49 CFR 173.403.
750,000
5,000,000
1,000,000
5,000,000
Note: The type of carriage listed under (1), (2), and (3) applies to vehicles with a gross vehicle weight rating of 10,000
pounds or more. The type of carriage listed under number (4) applies to all vehicles with a gross vehicle weight rating
of less that 10,000 pounds.
SCHEDULE OF LIMITS
Public Liability
For-hire motor carriers of passengers operating in interstate or foreign commerce
minimum
Vehicle Seating Capacity Insurance
(1) Any vehicle with a seating capacity of 16 passengers or more.
$ 5,000,000
(2) Any vehicle with a seating capacity of 15 passengers or less. 1,500,000
CERTIFICATE OF SERVICE
I, Daniel H. Mandel, Esquire, hereby certify that I did cause a copy of the
Defendant's Motion for Summary Judgment to be sent first class mail on October 10, 2008
to:
Timothy Shollenberger, Esquire
Schollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
SILVERMAN BURNS KASMEN & KRAWITZ
BY: AAA&Z3
DANIEL H. MANDEL
Attorney for Defendants
1362\072\p1eads\mtn,summ,judg (darks).wpd
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... 'iJ : ?
t?
1.1?
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
Ronald E. Clark and Lynn B. Clark,
husband and wife,
vs.
Barber Trucking, Inc., Barber
Trucking Company, Inc. and
Dane Clark
No. 07-458 Civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant, Barber Trucking Co., Inc.'s Motion for Summary Judgment.
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Timothy A. Shollenberger, Esquire
(Name and Address)
2224 Millennium Way, Enola, PA 17025
(b) for defendants:
Jeffrey A. Krawitz, Esquire/Daniel H.-Mandel, Esquire
(Name and Address)
Suite 910, Two Penn Center Plaza, Philadelphia, PA 19102
3. 1 will notify all, parties in writing within two days . that this case has been listed for
argument.
• .4. Araument Court Date:
Olyi iawi C
Daniel H. Mandel, Esquire
Print your name
Defendants,Barber Trucking, Inc.,
Attorney for ar er Trucking o. , Inc. and
Date: 11/04/08 Dane B. Clark
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding. party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
r_.i
2-1
RONALD E. CLARK and
LYNN B. CLARK, husband and
Wife,
PLAINTIFFS
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARBER TRUCKING, INC., BARBER
TRUCKING CO., INC., and DANE
B. CLARK,
DEFENDANTS 07-0458 CIVIL TERM
IN RE: MOTION FOR SUMMARY JUDGMENT BY
DEFENDANT BARBER TRUCKING CO., INC.
ORDER OF COURT
AND NOW, this day of December, 2008, the motion of
defendant, Barber Trucking Co., Inc., for summary judgment, IS GRANTED. Plaintiffs'
claims against Barber Trucking Co., Inc., in its amended complaint, ARE DISMISSED.
Timothy A. Shollenberger, Esquire
For Plaintiffs
Jeffrey A. Krawitz, Esquire
Spector Gadon & Rosen, P.C
1635 Market Street
Seventh Floor
Philadelphia, PA 19103
For Defendants
03 - 0 3'
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B
CLARK, husband and wife,
Plaintiffs
V.
BARBER TRUCKING, INC. and DANE B
CLARK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-458 CIVIL TERM
CIVIL ACTION- LAW
Defendants JURY TRIAL DEMANDED
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned action settled, ended, and discontinued
with prejudice.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, UP
Timothy A Shollenberger, Esq.
DATE: May 8, 2009 Attorney I.D. No. 34343
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
1
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
RONALD E. CLARK AND LYNN B.
CLARK, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
BARBER TRUCKING, INC. and DANE B
CLARK,
Defendants
NO. 07-458 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
KATE OF SERVICE
And now, this 8th day of May, 2009, 1 hereby certify that a true and correct
copy of the Praecipe to Discontinue, Settle and End has been served upon the
following via U.S. Mail, postage prepaid, addressed to:
Jeffery A. Krawitz, Esquire
Spector, Gadon & Rosen, P.C.
1635 Market Street, 7th Floor
Philadelphia, PA 19103
SHOLLENBE
& J6IUZZI, LLP
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
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