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HomeMy WebLinkAbout00-00612 ~"'- - ,.'," ~---'''~~ ,,~'-~~,~~", "'.,,,<~-. ~~" .,-- - ", -,- ,-'", 'il: ";,{. ~ _'~ 1.-,;;: , T .~ . 4 .. ~. ( i- Evan J. Kline, ill I.D. #70283 GOLDBERG, KATZMAN & SlDPMAN, P.C. 320 Market Street P. O. Box 1268 lfanisburg,PJ\ 17108-1268 (717) 234-4161 Counsel for Plaintiff CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYL VANIA : No. :<'000 - &.1 'J.., Gc.>~(iGu17 v. : Civil Action - Law PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE, Defendants 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 YOURLA WYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 ~". ..-, -"' <q" . ~;" ,-_.-~;-.,' _~ m_'v,_.v,_~,~ '," h-_,..~,." I' , . " . .. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en fonna escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V AY A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 41h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ",-,- N ~." ""'-"'~-'- '. -,'.i._,_. ~, ". -'J' I' , , . " , . '" Evan J. Kline, III Lo. #70283 GOLDBERG, KATZMAN & SIllPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, P A ] 7108-1268 (717) 234-4161 Counsel for Plaintiff CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, and GARY A. JANSEN Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYL VANIA : No. :l t'-tnJ _ ~ I iL ~ T.e--. v. : Civil Action - Law PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE, Defendants COMPLAINT AND NOW, comes the Plaintiffs, Cardinal Freight Carriers, Inc. and Gary A. Jansen, by their attorneys, Goldberg, Katzman & Shipman, P.C., and files this Complaint against the Defendants based on the following: 1. The Plaintiff, Cardinal Freight Carriers, Inc. ("Cardinal") is a Virginia Corporation organized and existing under the laws of the Commonwealth of Virginia, with corporate offices located at 5333 Davidson Highway, Concord, NC 28027-8978. 2. The Plaintiff, Gary A. Jansen, is an adult individual currently residing at 150 E. Washington Street, Lake Helen, FL 32744. .,- ';; ;>~ -- "'..,.". ,--'. ' 0_"'" " , - 3. The Defendants, Pacific Business Connections, Inc. and Pacific Business Connections (collectively referred to herein as "PBC"), are California corporations, organized and existing under the laws of the State of California, with a last known address of2155 E. Oliver Holms Road, Colton, CA 92324. 4. The Defendant, James D. Tomlinson, is an adult individual with a last known address of 80 11 Cooke Road, Elkins Park, Pennsylvania, 19027. 5. The Defendant, Sabino Landaverde, is an adult individual with a last known address of 16710 Eric Avenue, Artesia, CA 90701. 6. This Court has personal jurisdiction over PBC and Sabino Landaverde pursuant to 42 Pa. C.S. 95322. 7. On or about January 2, 1999, Gary A. Jansen was operating a 1997 International 9400 6x4, owned by Cardinal, with an Illinois registration number ofP244797. 8. On the aforesaid date, at the aforesaid time and place, Mr. Jansen was involved in a motor vehicle accident on Interstate 81 approximately 100 feet south from segment marker 285 in South Hampton Township, Cumberland County, Pennsylvania. 9. At all times material and relevant hereto, Gary A. Jansen was operating the Cardinal vehicle at the request of Cardinal and in the scope and course of his employment. 10. At the time of the accident, Sabino Landaverde was operating a 1998 Kenworth T2000 tractor trailer, owned by Pacific Business Connections, Inc. with a California registration number of SP 62620. 2 , . -'- ''- ,,- ~,- ',--~ '_"_'C;'_ I' " , 11. In the alternative, the 1998 Kenworth T2000 tractor trailer, with California registration number SP 62620, was owned by Pacific Business Connections. 12. At the time of the accident, James D. Tomlinson was operating a Chevy Lumina Van (the "Tomlinson" vehicle). 13. Atthe time of the accident, Gary A. Jansen was lawfully operating the Cardinal vehicle when the Tomlinson vehicle attempted to pass the Cardinal vehicle in the left travel lane and spun out of control, causing the Tomlinson vehicle to block the lane of travel of the Cardinal vehicle. 14. In an attempt to avoid the Tomlinson vehicle, Gary A. Jansen steered the Cardinal vehicle into the left travel lane, where the Cardinal vehicle was struck on the left side by the PBC vehicle operated by Sabino Landaverde. 15. After being struck by the PBC vehicle, the Cardinal vehicle traveled off the road into the highway median. 16. As a direct and proximate result of the aforesaid accident, the vehicle owned by Cardinal was damaged in the amount of$50,213.60. 17. As a direct and proximate result of the aforesaid accident, Cardinal incurred liability for payment of injuries sustained by Larry A. Jansen in the amount of$918.18. 18. As a direct and proximate result of the accident, as aforesaid, Plaintiff, Gary A. Jansen, suffered serious, painful, and disabling injuries, including, but not limited to the following: injury to the nerves, bones, discs, tissues, muscles and supporting structures ofthe forehead, left side of the body, and middle finger of the right hand; injuries to the eye; soft tissue injuries; and other painful and serious injuries. 3 '.-."'" '. - ',:;",' ", <<._,- ',,.< " ,'-'""",-,,"",. i" 0,,." .#," "~-,_- ,;;,"<,,} \ ' ., " 19. As a direct and proximate result of the accident, Plaintiff Gary A. Jansen has suffered and will suffer in the future the following: physical pain and suffering, emotional distress, loss oflife's pleasures, inconvenience and miscellaneous out-of-pocket expenses. ZO. As a direct and proximate result of the accident, Plaintiff, Gary A. Jansen, has been forced to incur, and in the future may be forced to incur, liability for medication, medical treatment, and other similar expenses in an effort to restore his health. Z 1. As a direct and proximate result of the accident, Plaintiff Gary A. Jansen suffered lost earnings, and his earning capacity is believed to have been reduced and may be permanently impaired. Z2. As a direct and proximate result of said injuries, the Plaintiff, Gary A. Jansen, has suffered an impairment of his general health, strength and vitality, and a claim is made therefor. COUNT I CARDINAL v. JAMES D. TOMLINSON 23. Paragraphs 1 through 22 of this Complaint are incorporated herein by reference. 24. The aforesaid accident and collision, and the resulting damages to the Plaintiff, Cardinal, were the direct and proximate result of the negligence, carelessness, and recklessness of James D. Tomlinson, consisting of the following: (a) failing to keep proper control over the vehicle he was operating; (b) failing to drive at a safe speed under the circumstances, so as to prevent the vehicle he was operating from proceeding directly into the path of the Cardinal vehicle; 4 . .--- -",'" . _."r_' ,. _.,,, -""'", "Co'_"~' .~.", ,-_~,~" ,,_~. '_''-''_'0 ',~_L~ ~._,,_.__ "_,l> , , , ; (c) failing to yield the right -of-way to the Cardinal vehicle; (d) failing to maintain a proper lookout and exercise a high degree of care required to anticipate and discover dangerous conditions on the roadway; (e) at the time of and immediately prior to the aforesaid accident, allowing his attention to be distracted from the roadway; (f) failing to maintain such control over his vehicle to as to enable it to be brought to a safe stop at the first sign of danger; (g) failing to apply his vehicle's brakes in time to avoid proceeding directly into the path of the Cardinal vehicle; and (h) driving his vehicle into the path of the Cardinal vehicle. WHEREFORE, the Plaintiff, Cardinal, demands judgment against the Defendants in the amount of$50,213. 60, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT IT GARY A. JANSEN v. JAMES D. TOMLINSON 25. Paragraphs 1 through 22 of this Complaint are incorporated herein by reference. 26. The aforesaid accident and collision, and the resulting damages to the Plaintiff, Gary A. Jansen, were the direct and proximate result of the negligence, carelessness, and recklessness of James D. Tomlinson, consisting of the following: (a) failing to keep proper control over the vehicle he was operating; 5 - .~ '. v~ ;;:'. ,<~_.'~.J.-,-_' '",--.;;--- "'.'- '~'~;'';''"-.>-'" ,~.-"-, ,. , .. (b) failing to drive at a safe speed under the circumstances, so as to prevent the vehicle he was operating from proceeding directly into the path of the Cardinal vehicle; (c) failing to yield the right-of-way to the Cardinal vehicle; (d) failing to maintain a proper lookout and exercise a high degree of care required to anticipate and discover dangerous conditions on the roadway; ( e) at the time of and immediately prior to the aforesaid accident, allowing his attention to be distracted from the roadway; (f) failing to maintain such control over his vehicle to as to enable it to be brought to a safe stop at the first sign of danger; (g) failing to apply his vehicle's brakes in time to avoid proceeding directly into the path of the Cardinal vehicle; and (h) driving his vehicle into the path of the Cardinal vehicle. WHEREFORE, the Plaintiff, Gary A. Jansen, demands judgment against the Defendants in an amount in excess of $35,000, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNTllI-NEGLIGENCE CARDINAL v. SABINO LANDA VERDE 27. Paragraphs I through 22 of this Complaint are incorporated herein by reference. 6 , -.'.~. -,,",.,', ';'< ,=. _ _"~ ~ "--~'" . _.,-,," ,'~;''''ki;.~,"-"",_~,,~ " _ "",~,,_. '. , .; 28. The aforesaid accident and collision, and the resulting damages to the Plaintiff, Cardinal, were the direct and proximate result ofthe negligence, carelessness, and recklessness of Sabino Landaverde consisting of the following: ( a) failing to exercise a reasonable degree of care to see what was visible before proceeding into a lane of travel; (b) failing to keep proper control over the vehicle he was operating; ( c) failing to drive at a safe speed under the circumstances, so as to prevent the vehicle he was operating from colliding with the Cardinal vehicle; (d) failing to yield the right -of-way to the Cardinal vehicle; (e) failing to maintain a proper lookout and exercise a high degree of care required to anticipate and discover the presence of stopped or approaching vehicles in the roadway. (f) at the time of and immediately prior to the aforesaid collision, allowing his attention to be distracted from the travel way in the roadway; (g) failing to sound his horn or otherwise warn Gary A. Jansen of the approach of his vehicle; (h) failing to maintain such control over his vehicle to as to enable it to be brought to a safe stop within the assured clear distance ahead; (i) failing to drive his vehicle in such a manner that it could be brought to a stop immediately at the first sign of danger; 7 ,~ ~ '" - ~ 'J '." . _ <" ',',' "' ."-~--,", !,_ ,,_, '-"''',r' .,,-,', '_ ,'~ .,<C.. ~-_' "', ,~-"'~. ,,~, ,_ ~ _'_ _ " . . . . , (j) failing to apply his vehicle's brakes in time to avoid colliding with the Cardinal vehicle; and (k) driving his vehicle into the Cardinal vehicle. WHEREFORE, the Plaintiff, Cardinal, demands judgment against the Defendant, Sabino Landaverde in the amount of $50,213.60, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT IV-NEGLIGENCE GARY A. JANSEN v. SABINO LANDA VERDE 29. Paragraphs 1 through 22 of this Complaint are incorporated herein by reference. 30. The aforesaid accident and collision, and the resulting damages to the Plaintiff, Gary A. Jansen, were the direct and proximate result of the negligence, carelessness, and recklessness of Sabino Landaverde consisting of the following: (a) failing to exercise a reasonable degree of care to see what was visible before proceeding into a lane of travel; (b) failing to keep proper control over the vehicle he was operating; (c) failing to drive at a safe speed under the circumstances, so as to prevent the vehicle he was operating from colliding with the Cardinal vehicle; (d) failing to yield the right-of-way to the Cardinal vehicle; 8 - '-'"~'''',-- - ~,,-, " '-"._h~'_c, ;__~,_c~<.~_< , "i, '-,0 _',,__".,';;~ ,.->,,,-',,,! r, ;^" _c'_;"-! . ; ( e) failing to maintain a proper lookout and exercise a high degree of care required to anticipate and discover the presence of stopped or approaching vehicles in the roadway. (f) at the time of and immediately prior to the aforesaid collision, allowing his attention to be distracted from the travel way in the roadway; (g) failing to sound his horn or otherwise warn Gary A. Jansen of the approach of his vehicle; (h) failing to maintain such control over his vehicle to as to enable it to be brought to a safe stop within the assured clear distance ahead; (i) failing to drive his vehicle in such a manner that it could be brought to a stop immediately at the first sign of danger; G) failing to apply his vehicle's brakes in time to avoid colliding with the Cardinal vehicle; and (k) driving his vehicle into the Cardinal vehicle. WHEREFORE, the Plaintiff, Gary A. Jansen, demands judgment against the Defendant, Sabino Landaverde, in an amount in excess of$35,000, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT V - RESPONDEAT SUPERIOR CARDINAL v. PACIFIC BUSINESS CONNECTIONS 9 . -.' " -- --'--~- '-A_,;__' ~ .-.'" - ~ ~, -.,'.",' '-,' " . , . . . ., .' 31. Paragraphs 27 and 28 of this Complaint are incorporated herein by reference. 32. This count is plead in the alternative to Counts VII AND VIII. 33. At all times material and relevant hereto, Sabino Landaverde was employed by Pacific Business Connections and was acting within the scope and course of his employment. WHEREFORE, the Plaintiff, Cardinal, demands judgment against the Defendants, Pacific Business Connections and Sabino Landaverde in the amount of$50,213 .60, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT VI- RESPONDEAT SUPERIOR GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS 34. Paragraphs 29 and 30 of this Complaint are incorporated herein by reference. 35. This Count is plead in the alternative to Counts VII and VIII. 36. At all times material and relevant hereto, Sabino Landaverdewas employed by Pacific Business Connections and was acting within the scope and course of his employment. WHEREFORE, the Plaintiff, Gary A. Jansen, demands judgment against the Defendants, Pacific Business Connections and Sabino Landaverde, in an amount in excess of$35,000, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT vn - RESPONDEAT SUPERIOR 10 "'.'-.', ,>> - -- - ~__A","_ ,',',' _ ''',~ "."",.).' ,', ~;',' ,_ ,,,..; " . '. , . .' CARDINAL v. PACIFIC BUSINESS CONNECTIONS. INC. 37. Paragraphs 27 and 28 of this Complaint are incorporated herein by reference. 38. This count is plead in the alternative to Count V and VI. 39. At all times material and relevant hereto, Sabino Landaverde was employed by Pacific Business Connections, Inc. and was acting within the scope and course of his employment. WHEREFORE, the Plaintiff, Cardinal, demands judgment against the Defendants, Pacific Business Connections, Inc. and Sabino Landaverde in the amount of$50,213. 60, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT VITI - RESPONDEAT SUPERIOR GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS. INC. 40. Paragraphs 29 and 30 of this Complaint are incorporated herein by reference. 41. This count is plead in the alternative to Count V and VI. 42. At all times material and relevant hereto, Sabino Landaverde was employed by Pacific Business Connections, Inc. and was acting within the scope and course of his employment. WHEREFORE, the Plaintiff, Gary A. Jansen, demands judgment against the Defendants, Pacific Business Connections, Inc. and Sabino Landaverde, in an amount in excess of $35,000, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. 11 ," " ~ ,'--,,' .'.'" ,-u'-~' -___~,,~."",' ~ -'0',-,~, -,~- ~J'''' V, - ,'--; _'_,*,0"";,_ " . , . " ",6 . . COUNTIX-NEGLIGENCE CARDINAL v. PACIFIC BUSINESS CONNECTIONS 43. Paragraphs 27, 28, and 31 through 33 of this Complaint are incorporated herein by reference. 44. The aforesaid accident, and the resulting injuries and damages to the Plaintiff, Cardinal, were the direct and proximate result of the negligence, carelessness, and recklessness of the Defendant, Pacific Business Connections, consisting of the following: (a) Negligently and recklessly entrusting the PBC vehicle to Sabino Landaverde when Pacific Business Connections knew, or through the exercise of reasonable diligence should have known, that Sabino Landaverde was inclined to operate the PBC vehicle on that occasion, and on occasions prior thereto, in a reckless and careless manner with disregard for the rights and safety of others; b. Negligently and recklessly entrusting the PBC vehicle to a careless and reckless operator and; c. Negligently failing to properly supervise Sabino Landaverde's actions, including the operation of the PBC vehicle. d. The negligence, recklessness, and carelessness of Pacific Business Connections was a substantial factor in the happening of the accident. 12 ^' , .- ''''_..-''';~ ~- -, "~~"<<<-" Ci<-.;,-," -, "-~,__k_~_",,_.' '-'6_~-" ~:.. '. " . . . . ~ . '. WHEREFORE, the Plaintiff, Cardinal, demands judgment against the Defendant, PBC in the amount of $50,213.60, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT X - NEGLIGENCE GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS 45. Paragraphs 29,30, and 34 through 36 of this Complaint are incorporated herein by reference. 46. The aforesaid accident, and the resulting injuries and damages to the Plaintiff, Gary A. Jansen, were the direct and proximate result of the negligence, carelessness, and recklessness of the Defendant, Pacific Business Connections, consisting of the following: (a) Negligently and recklessly entrusting the PBC vehicle to Sabino Landaverde when Pacific Business Connections knew, or through the exercise of reasonable diligence should have known, that Sabino Landaverdewas inclined to operate the PBC vehicle on that occasion, and on occasions prior thereto, in a reckless and careless marmer with disregard for the rights and safety of others; b. Negligently and recklessly entrusting the PBC vehicle to a careless and reckless operator and; c. Negligently failing to properly supervise Sabino Landaverde's actions, including the operation of the PBC vehicle. 13 C'--. -: -'-- ';""<-'f," -jl,'}._ ~,,~,-; ;"'- c', ,"",' "'.;J,.-'""-~-"_' ,-".'".., ",-.' - " . , , , " .I ~ , d. The negligence, recklessness, and carelessness of Pacific Business Connections was a substantial factor in the happening of the accident. WREREFORE,thePlaintiff, Gary A. Jansen, demands judgment against the Defendant, PBC in an amount in excess of $35,000, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT XI-NEGLIGENCE CARDINAL v. PACIFIC BUSINESS CONNECTIONS, INC. 47. Paragraphs 27 through 28 and 37 through 39 ofthis Complaint are incorporated herein by reference. 48. The aforesaid accident, and the resulting injuries and damages to the Plaintiff, Cardinal, were the direct and proximate result ofthe negligence, carelessness, and recklessness of the Defendant, Pacific Business Connections, Inc., consisting of the following: (a) Negligently and recklessly entrusting the PBC vehicle to Sabino Landaverde when Pacific Business Connections, Inc. knew, or through the exercise of reasonable diligence should have known, that Sabino Landaverdewas inclined to operate the PBC vehicle on that occasion, and on occasions prior thereto, in a reckless and careless manner with disregard for the rights and safety of others; b. Negligently and recklessly entrusting the PBC vehicle to a careless and reckless operator and; 14 -'.-" ,'" , - - - . C., -,..j .~__"-; " ,--, " ";y '.,- "c_," ,,~ -."',;_..~" ,_ i-, ", '-. " . / .' ... '. c. Negligently failing to properly supervise Sabino Landaverde's actions, including the operation of the PBC vehicle. d. The negligence, recklessness, and carelessness of Pacific Business Connections, Inc. was a substantial factor in the happening of the accident. WHEREFORE, the Plaintiff, Cardinal, demands judgment against the Defendant, Pacific Business Connections, Inc. in the amount of$sO,213 .60, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. COUNT xn - NEGLIGENCE GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS. INC. 49. Paragraphs 29 through 30 and 40 through 42 of this Complaint are incorporated herein by reference. SO. The aforesaid accident, and the resulting injuries and damages to the Plaintiff, Gary A. Jansen, were the direct and proximate result of the negligence, carelessness, and recklessness of the Defendant, Pacific Business Connections, Inc., consisting of the following: (a) Negligently and recklessly entrusting the PBC vehicle to Sabino Landaverde when Pacific Business Connections, Inc. knew, or through the exercise of reasonable diligence should have known, that Sabino Landaverde was inclined to operate the PBC vehicle on that occasion, and on occasions prior thereto, in a reckless and careless manner with disregard for the rights and safety of others; 15 ~'" ~,""', '- ~,-~~'"--"-,,,, ',. " ' ,- '--""",'-d."";,, .. '. . ", ,.. " " ,- , " . '. b. Negligently and recklessly entrusting the PBC vehicle to a careless and reckless operator and; c. Negligently failing to properly supervise Sabino Landaverde's actions, including the operation of the PBC vehicle. d. The negligence, recklessness, and carelessness of Pacific Business Connections, Inc. was a substantial factor in the happening of the accident. WHEREFORE, the Plaintiff, Gary A. Jansen, demands judgment against the Defendant, Pacific Business Connections, Inc. in an amount in excess of$3 5,000, exclusive of interest and costs, plus interest and costs, which claimed amount is in excess of the jurisdictional amount requiring compulsory arbitration. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ('f' 1-.71), () Date: .,LV U 35100.1 By (~l~ EVAN 1. , III, ESQUIRE Attorney LD. #70283 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff 16 " (" *. · 'll: ~," ," ) ., .> . .J '... VERIFICATION I, Ow A Yl'It 'SJ"/Vl.€ro# , hereby acknowledge that Cardinal Freight Carriers, Inc., is a Plaintiffin this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Complaint, that the facts stated therein 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. ~ 4904, relating to unsworn falsification to authorities. n j./ / &>,'f~ //(6"""-' ~ /tfw,:tUf>-v 1)/~U7""1f.. cJf ,- Name: 0 ' ~ Title: ,., ,-, , ,_', -" _,_",;v.,,~, ,,""~, , _,~" J" .,',' "_~~; c,;,_ , .. .. .. \' If.. . . . .' . . - ~ ,;' " VERIFICATION I, Gary A. Jansen, hereby acknowledge that I have read the foregoing Complaint, and that the facts stated therein 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. ~ 4904, relating to unsworn falsification to authorities. (~-b! Gary A. J en --j dl ~ 'y 't; \) :! J ~,~, ~""uJ {1 E nl d~ >- r-. >- ~'^' c: ct ::~ I:-of: ,- Z lit ( ,c~ E;1 () , -~ .::z:: ~ 0- el... l' , Cj:::} n- N :,:'~ >- ~ <-.-. I ?~~ C.r:, ::r Q t,..: sj:~!if B 0- I...." w._ D r\) e .. ~2:: t.'5 ,.." =) Cl ~ CJ 0 ~ ~ ~. i:! ~ -f' cj 0} 0/ '- ....j .;:. l ...' l' ;..- ,\l ~. ~ ," ., ...... LAW OFFICES GOLDBERG, KATZMAN & SHIPMAN, ~C. 'r' 320E M.A~.?tET ST:R~ET STRA~ERRY SQUt..RE . , P. O. BOX l26S1 HARRISBURG, PENNSYLVANIA 1710B-1268 ". , '; ~,"...,~\ It;l ",.c-,.? , , F,WILES\DATAFll.E\Travdoc.cur\672-ans.! Created: 04/17fOOll:21:38AM Revised: 06/05/0001:34:24PM , ' CARDINAL FREIGHT CARRIERS, INC., : Individually, and as a Subrogee of Gary A. Jansen, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-612 CIVIL ACTION-LAW PACIFIC BUSINESS CONNECTIONS, INC., and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON: SABINO LANDA VERDE, Defendants JURY TRIAL DEMANDED DEFENDANT JAMES D. TOMLINSON'S ANSWER WITH NEW MATTER AND CROSS CLAIM TO PLAINTIFF'S COMPLAINT TO: CARDINAL FREIGHT CARRIER, INC., Individually, and as a Subrogee of Gary A. Jansen, Plaintiff, and their attorney, EVAN J. KLINE, Ill, ESQUIRE and P ACIFICBUSINESS CONNECTIONS, INC. andP ACIFICBUSINESS CONNECTIONS, Defendants, and their attorney, JOHN GERARD DEVLIN, ESQUIRE and SABINO LANDA VERDE, Defendant and his attorney, JOHN GERARD DEVLIN, ESQUIRE yOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND CROSSCLAlM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-3. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs. The averments are therefore deemed denied and proof is demanded. 4. Admitted. 5-11. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs. The averments are therefore deemed denied and proof is demanded. 12. Admitted. " -," .I I 13-15. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs. The averments are therefore deemed denied and proof is demanded. 16-22. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT I CARDINAL v. JAMES D. TOMLINSON 23. The averments of para graphs 1 through 22 of this Answer are incorporated herein by reference. 24. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT II GARY A. JANSEN v. JAMES D. TOMLINSON 25. The averments of paragraphs 1 through 24 of this Answer are incorporated herein by reference. 26. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. COUNT III-NEGLIGENCE CARDINAL v. SABINO LANDA VERDE 27. The averments of paragraphs 1 through 26 of this Answer are incorporated herein by reference. 28. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT IV-NEGLIGENCE GARY A. JANSEN v. SABINO LANDA VERDE 29. The averments of paragraphs 1 through 28 of this Answer are incorporated herein by reference. 30. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT V-RESPONDEAT SUPERIOR CARDINAL v. PACIFIC BUSINESS CONNECTIONS 31. The averments of paragraphs 1 through 28 of this Answer are incorporated herein by reference. 32-33. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT VI-RESPONDEAT SUPERIOR GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS 34. The averments of paragraphs 1 through 28 ofthis Answer are incorporated herein by reference. 35-36. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. COUNT VII-RESPONDEAT SUPERIOR CARDINAL v. PACIFIC BUSINESS CONNECTIONS. INC. 37. The averments of paragraphs I through 28 of this Answer are incorporated herein by reference. i 38-39. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT VIII-RESPONDEAT SUPERIOR GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS. INC. 40. The averments of paragraphs 1 through 28 of this Answer are incorporated herein by reference. 41-42. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT IX-NEGLIGENCE CARDINAL v. PACIFIC BUSINESS CONNECTIONS 43. The averments of paragraphs 1 through 28 ofthis Answer are incorporated herein by reference. 44. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. COUNT X-NEGLIGENCE GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS 45. The averments of paragraphs 1 through 28 of this Answer are incorporated herein by reference. 46. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. " "-[, COUNT XI-NEGLIGENCE CARDINAL v. PACIFIC BUSINESS CONNECTIONS. INC. 47. The averments of paragraphs 1 through 28 of this Answer are incorporated herein by reference. 48. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. COUNT XII-NEGLIGENCE GARY A. JANSEN v. PACIFIC BUSINESS CONNECTIONS. INC. 49. The averments of paragraphs 1 through 28 ofthis Answer are incorporated herein by reference. SO. Said averments are directed to a party other than the answering Defendant and no response is required. WHEREFORE, Defendant James D. Tomlinson demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER 51. The averments of paragraphs 1 through SO of this Answer are incorporated herein by reference. 52. The Plaintiffs claims are barred by the applicable Statute of Limitations. 53. The Plaintiffs recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 54. Plaintiffs or their representatives chose the limited tort option by signing a valid selection form. 55. Plaintiffs injuries do not involve death, serious impairment of bodily function or perm~ent disfigurement. WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. ..l, .' ,.;.~ NEW MATTER PURSUANT TO PA. R.C.P. 225Ud) 56. The averments of Plaintiffs Complaint, which averments have been specifically denied, are hereby incorporated for the limited purpose of this crossclaim. 57. If Plaintiff is entitled to recover from any party, which is expressly denied, then Defendants Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde are alone liable to Plaintiff or liable over Defendant James D. Tomlinson by way of contribution and/or indemnity or are jointly and/or severally liable to Defendant Tomlinson on account of their own negligence or other liability producing conduct as alleged in the pleadings. 58. If Defendant Tomlinson is found liable to Plaintiff, which liability is expressly denied, its liability is secondary and passive to the liability of Defendants Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde whose liability is primary and active. WHEREFORE, Defendant James D. Tomlinson demands judgment against Defendants Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde for all sums that may be adjudged against Defendant Tomlinson in favor of Plaintiff; and in the alternative, Defendant Tomlinson demands judgment against Defendants Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde for contribution and/or indemnity for the appropriate part of the amount of damages and costs awarded to Plaintiff, if any. F WILLIAMS & OTTO By Geor . Faller, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 AttomeysfurDerendant James D. Tomlinson Date: r /14 1J!7; .,~~ , -- ...Jj, " ".. VERIFICATION The foregoing Defendant James D. Tomlinson's Answer with New Matter and New Matter Pursuant to Pa. R.C.P. 22s2(d) to Plaintiffs Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~ ' . 'O~. J' s D. Tomlinson F:\FILES\DA TAFILE\Travdoc.cur\672-ans.l -...,,, , , - 'J CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendant James D. Tomlinson's Answer with New Matter and New Matter Pursuant to Pa. R.C.P. 22s2(d) to Plaintiffs Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Evan J. Kline, III, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 John Gerard Devlin, Esquire 1065 Highway 315 Suite H Wilkes-Barre, PA 18702 MARTSON DEARDORFF WILLIAMS & OTTO BYNic!~rs~ ~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: ~!Lv ~Dro ( It?a~' '-"""-"-' '~ __"'-.....""'~r ~lMiIbi;lI'~~~ - It, I "~- h c:-;. ~-:) c 0 "Tl ~-;~ ;~ ...~ V , rn f';-> <'-'- ., ,- 1= Z "",- rn /.: ):: ~;.~~S (j) Cf' -< ",-'-- 0:' C) -0 ___..l '" ,- -, -n --- C~\ -~',~ c> C) Z 0 fTl )> C W ~~ "'~ ~n 2"" --1 :D -< <0 -< ". ~, ~~".~ F:\Fll.BS\DATAFll..E\Travdoc.cur\672-rep.l/nlm Created: OB/0310010:26:03AM Revised: 08!0,3!OOIO:38:32AM 3090.672 CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-612 CIVIL ACTION-LAW PACIFIC BUSINESS CONNECTIONS, INC., and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON: SABINO LANDA VERDE, Defendants JURY TRIAL DEMANDED DEFENDANT JAMES D. TOMLINSON'S REPLY TO CROSSCLAlMS AND COUNTERCLAIM OF PACIFIC BUSINESS CONNECTIONS. PACIFIC BUSINESS CONNECTIONS. INC.. AND SABINO LANDA VERDE 64. The averments of Defendant Tomlinson's Answer with New Matter and Crossclaim are hereby incorporated by reference. The crossclairns and counterclaims of Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde are denied pursuant to Pa. R.C.P. 1029 (e). WHEREFORE, James D. Tomlinson demands judgment in his favor and dismissal of the crossclaims and counterclaims against him with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO By Geo ge B. Faller, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendant James D. Tomlinson Date: ~ 31~OD ...._.,J.""""'~_,_,j CERTIFICATE OF SERVICE I, Nicho1e L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendant James D. Tomlinson's Reply to Crossclaims and Counterclaim of Pacific Business Connections, Pacific Business Connections, Inc., and Sabino Landaverde was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Evan J. Kline, III, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Jolm Gerard Devlin, Esquire JOHN GERARD DEVLIN & ASSOCIATES, P.C. 100 Pine Street, Suite 300 Harrisburg, P A 171 0 1 MARTS ON DEARDORFF WILLIAMS & OTTO BYL~UtW ~ ~ Nichole L. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: August 3, 2000 ," '...<i. ~'" N "' ~.:...-. <-liiI ~rU~~~ " ~.~ c. .~~ .;1-, ,-,. ~-', +" ~ 2 0 0 0 -n s:: "'" ~-::! -om c:: --1,'11- m.m G") r>'-- '1'- Z::U I "V rn ~~ 'ox -l'"" r~ '.,.-f ~ ::5y. ,<0 -0 .- .,.., ~o ::;.:: , ~ ~.,,.'") ~g tf! om --I ~, r:- ~ c> " ~'", .- ~ ", -'. ,,,~' -,,-, ,-' ,"-' _.'- '--~-' " -- ',"-", ," " .,--'- Evan J. Kline, III J.D. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, and GARY A. JANSEN Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYL VANIA : No. 612-2000 v. : Civil Action - Law PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE, Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM OF DEFENDANTS. PACIFIC BUSINESS CONNECTIONS. INC.. PACIFIC BUSINESS CONNECTIONS & SABINO LANDA VERDE 5 I. Denied. The averments contained in paragraph 5 1 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. 52. Denied. The averments contained in paragraph 52 contain conclusionsoflawto which no responsive pleading is required and they are therefore denied. 53. Denied. The averments contained in paragraph 53 contain conclusions of law to which no responsive pleading is required and they are therefore denied. 54. Denied. The averments contained in paragraph 54 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. By way of further answer, the .,". __O~> ~_..~-~. _. _ ,~.' _ ,~ ~" ,-'_,' -v_.~~. ,'F'- ,-,-- - '..' , _""^'~'" '" -', --., .--,.', ,~< -~c~_"'~' ~-' - ~ ',,, ,", ~",~ - t Plaintiff was not comparatively negligent in this matter. Further, the Plaintiff has not signed a waiver that bars in whole or in part any portion of this claim. The Plaintiff also is not a limited tort elector. 55. Denied. The averments contained in paragraph 55 contain conclusions of law to which no responsive pleading is required and they are therefore denied. 56. Denied. The averments contained in paragraph 56 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. By way of further answer, this accident was caused by the negligence of the Defendants, and not by any negligence of the Plaintiff. 57. Denied. The averments contained in paragraph 57 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. By way of further answer, this accident was caused by the negligence of the Defendants, and not by any negligence of the Plaintiff. 58. Denied. Plaintiffis without knowledge or information sufficient to form a belief as to the truth or accuracy of the averments in paragraph 58 of Defendants' Answer and New Matter. 59. Denied. The averments contained in paragraph 59 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. By way of further answer, to the extent a response is required, this suit was instituted and service of process made within the applicable limitations. 60. Denied. The averments contained in paragraph 60 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. By way of further answer, to the extent that an answer is required, the negligence of the Defendants was the approximate cause of the damages and injuries to the Plaintiff. 2 - .-, , '. ~' ~, - '.-~-- ~" .~ -",,",,~ L~, ~- ~.-" "'. ',~ - I - -_~ _,_!,.>-",_"_",,,,-,~",,o ---= " "-' /~ 61. Denied. The averments contained in paragraph 61 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. 62. Denied. The averments contained in paragraph 62 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. 63. Denied. The averments contained in paragraph 63 contain conclusions oflawto which no responsive pleading is required and they are therefore denied. Wherefore, the Plaintiff requests the damages sought in the Plaintiffs' Complaint. NEW MATTER IN THE NATURE OF A CROSS-CLAIM AGAINST CO-DEFENDANT 64. The averment of paragraph 64 is directed to parties other than the Plaintiffs, and no response is required. Wherefore, the Plaintiffs request that this Honorable Court enter judgment in its favor and against the Defendants, pursuant to the Plaintiffs' Complaint. COUNTERCLAIM 65. Admitted in part and denied in the remainder. It is admitted that this incident happened on or January 2, 1999 at or near milepost number 285 and that Pacific business Connections, Inc. and Pacific Business Connections were the owner of a Kenworth tractor trailer. It is denied that the PBC tractor trailer was lawfully traveling northbound. To the contrary, the PBC tractor trailer was traveling in a manner as specified in the Plaintiffs' Complaint, which caused the accident in this matter. 3 _' .b-"~"'"<~ . > ~ ' 66. It is admitted that Cardinal Freight Carriers, Inc. and Gary A. Jansen were operating a motor vehicle traveling northbound on State Route 81 at or near milepost number 285. It is denied that either of the Plaintiffs were negligent or that they caused their vehicle to collide with the vehicle of PBC. To the contrary, the accident occurred as set forth in the Plaintiffs' Complaint. After reasonable investigation, the Plaintiffs are without sufficient knowledge concerning the damages allegedly sustained by PBC, and the same are therefore denied. The remaining averments of the counterclaim are conclusions oflaw to which no response is necessary, and the same are therefore denied. To the extent that a response is necessary, these averments are specifically denied. WHEREFORE, the Plaintiffs respectfully request that judgment be entered in their favor on the Defendants' counterclaim. Respectfully submitted, By: GOLDBERG, KATZMAN & SHIPMAN, P.C. ~/1'~P: Evan J. e, III, Esquire Attorney LD. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs 48318.1 0/ 1100 Date: cJ , 4 - AUG 01 '00 13:17 FR CARDINAL FREIGHT 11:55 RUG 01, 2B~0 7047827406 TO 17172346808 P.02/02 u_ .__ " i 'o;Il., .~ VERIFICATION I, Dwayne Singleton, Claims Manager. hereby acknowledge that Cardinal Freight is the Plaintiff in this action and that I am authorized to make this verification on its behalf, that I have read the foregoing document, that the facts s\a1ed therein are true and correct to the best of my knowledge, information and belief. I understand Ihat any false statements herein are made subject to penalties of 18 Pa. C.S. ~ 4904, relating to unswOll1 falsification to authorities. ~~ing(~ Title: Claims Manager Dale: 5 AUG 01 '00 12:05 PA~.02 ** TOTAL PAGE. 02 ** CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, /'L day of ilvJ v>.J- , 2000 postage prepaid, at Harrisburg, Pennsylvania, on the addressed as follows: John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, P A 17101 George B. Faller, Jr., Esquire Martson DeardorfWilliams & Otto Ten East High Street Carlisle, PA 17013 41437.2 GOLDBERG, KATZMAN & SHIPMAN, P.C. By E~~'~ I.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 . . ^ , ~O~ '-i I ~ , , I >- en >- cc !-. u;r 'c__ .,~-.. ..;J' ::~ , .~ , c ~ Z ; u.J , .. -> " ~j , , I"':"~, (.J " LAW OFFIC;;ES GOLDBERG, KATZMAN & SHIPMAN, Pc. 320E M,ARKET STREET STRAWBERRY $OUARE P. O. BOX 1268 HARRISBURG, PENNSy:t.VANIA 17108~1268 II I, " r' I 1 \: Evan J. Kline, III I.D. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.e. 320 Market Street P. O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 ~, I I: p Counsel for Plaintiff : No. 612-2000 I'! I' I: fj II Ii Ii I'~ H Ii Ii Ii Ii I ,I Ii I' Ii I tj 11 i! I, Ii I~ :! il II j! :l " II " Ii !l !! :) CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, and GARY A. JANSEN Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYL VANIA v. : Civil Action - Law PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-referenced matter. Thank you. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: C iJ lu - f!$ Evan J. KJin , II, EsqUire Attorney J.D. No. 70283 Date: L-L 1- 00 320 Market Street P.O. BoX: 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff ,........,., ~-~ ,< " ,,_~" J __ ,0 .~. , .... ., ,~""'_ __w:,......., , '~^ g 0 Q 0 '1: ':% ..... -om :.;.0 -," , -:It', ~.~ ::0 "'hi I '.0 .,).0. ~.; , ~z S~~ CJ .." '<":: :c_\ ~o :x O.~ ZO ~O J::- rn J:>c;: .. ~ ~ a> ~ 1;;.. 0"' ,.~. ~ JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE !.D. #32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 44s-18672-JGDIh CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. : NO. 2000-612 PACIFIC BUSINESS COl'<'NECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINOLANDAVERDE : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for Defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, in the above captioned matter. JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: .uire DATED: March 20, 2000 l~ . , " '." ,- '-" - ".'"- ",-,-,~"-' JOHN GERARD DEVLIN & ASSOCIATES, P.c. BY: JOHN GERARD DEVLIN, ESQUIRE I.D. #32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 44s-18672-JGD/h CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen V. PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO. 2000-612 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEMAND AND PERFECTION OF DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, hereby demand a trial by jury by 12 individual men and women, and hereby perfect their demand for jury trial by the payment of the jury trial fee. Dated: March 20, 2000 VLIN & ASSOCIATES, P.C. BY: IN, ESQUIRE " .,- >. ,- -, ~:"';-'i i' I:: f: i! Ii Ii [1 " ,', I: 11 I: I' Ii illdolllilll '. ~ _> _L....~~ ~ , " '" ilIIiI 'U_~1iliJIW:jj\<"",~JliW _..- ~~ --' ~ (") <:;;} 0 c: 0 ..,.,- s,: ::!: '-\ -000 :0- ;'~""l::rl mfn :;0 2:0 . r- Z,C- N -,-,rn w:E; N r,o :;--"') l. ~~O, ~~:~t (J <0 -0 _~,...l ~Ti ~r :x ..",~-r, ~C ~O p' S'? C)m C ~ ~ C- :;> ~ ~ . '. " ~-~" . ~ ,. "^'" -,"'. -. , , . ..~".~""- .','" , '.. ",~-." '_.'.._ , " 0,". .--",~--,=-~ " ~,__'" "'0 .. ';:( i~ ~ ~; Ii' tv I; I~' r p f(' . ,- Evan J. Kline, III !.D. #70283 GOLDBERG, KATZMAN & SIDPMAN, P.C. 320 Market Street P. O. Box 1268 Harri~burg. PA 17108-1268 (717) 234-4161 CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, and GARY A. JANSEN Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA ~: ft ~ ,- W J" ,) ~",: -~ ! tv j, t~ I:' r, r: E,! ~j ~i ~i 'l Ii 1 Counsel for Plaintiff : No. 612-2000 v. : Civil Action - Law PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE, Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE The Complaint in this matter was served by Certified Mail, Return Receipt Requested, upon Defendant Sabino Landaverde, and the same was received and accepted by the Defendant's agent on GOLDBERG, KATZMAN & SHIPMAN, P.e. ! Ii I';..' .. I ! ~ i I I I . I I I February 9, 2000, as reflected on the return receipt card attached hereto. Date: ) (lVf ( 00 41434,1 By: 7, ~ IU~ -il?- Evan J. Kline, , squire Attorney J.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Plaintiff 0' - "-~--"" - -.". "., -" --~ , - '..'- - ""'< - ~ -~ """"""'.> ,"y. . 1. Article Addressed to: ~ / CD 1 (t) ~ ?\veM.ve. ~)~A Q070! PD.' .)~d:telivery address different from item 1? c "; "' If YES, enter delivery address below: 3. Service Type ~ Certified Mall o Registered o Insured Mall o Agent Addressee DYes o No o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes .. . ..... .: "'lj, "'t. 160,f,..!liihiJwm~1>l ! ~ .z 215 743 91lb .. us Postal Service ReceipUor Certified Mail No Insumnce Cove'''lle P'ovi~ed. Do not use fo, Jnlertuitional~1 See revelSe Ito "' m Retum'~Pt(ShOWing to c ,.... Whom '& Date',Deliwred ,., ... ,RetumReceiRlSJiOw" ito'wtiOin JtDale,&~,s'::"".' o . . . i ,TOTAL Postage ~ Fees $ . C') Postmark or Date E If r:e 102595-99-M.1789 .-'-' ~-- -",,-,- t'; " ~! il I , I 1\ ii I r II ~ !l ,. . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a'true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the ~ 1 f:b day of ~.!.., . 2000 addressed as follows: John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, PA 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By EV[J. ~ine, i%~i~ - 1?1P_ 10. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JldJ <- jJ -. ~- """ 8 :;;:: -Ow mrn ;;:;:;:0 / '-~ ).~ ~~ z --{ -< .~ CO L> Cj .. ',. ~~; ......,) Ce, ,--,1 "\..l_' <-(, C)~~ l~5m :;1 :0 -< u N => r" . ,"- ... Evan J. Kline, ill LD. #70283 GOLDBERG, KATZMAN & SIDPMAN, P.c. 320 Market Street P. O. Box 1268 Harrisburg. PA 17108-1268 (717) 234-4161 ,-""".-.'-,. .~,;<,,"",---, -""-~-,'- --~~_ ,:'~- .<> '_"",_~'~__ '0., >4':;,:~:J Counsel for Plaintiff CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, and GARY A. JANSEN Plaintiff v. PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE, Defendants : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : No. 612-2000 : Civil Action - Law : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE The Complaint in this matter was served by Certified Mail, Return Receipt Requested, upon Defendant Pacific Business Connections, Inc. and Pacific Business Connections, and the same was received and accepted by the Defendant's agent on March IS, 2000, as reflected on the return receipt card attached hereto. Date: 3/2 Lj /t3o GOLDBERG, KATZMAN & SHIPMAN, P.C. By: C\ <9- tu~ Evan J. Kline, III, Esquire Attorney I.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Plaintiff Ji( , + .... ..ompl"ie it"in~ 1 ,:I.Bod3. AlSo cbn,pi"te item 4 if Re,stricted Delivery is desired. . Print your name and address on the reverse sb that we can return the card to you. -. Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to; ~~~ ~ tA CjC)?:i)f/-I.!S(J;;) D. Is delivery address different from m 1? If YES, enter delivery address below: 3. Service Type ~ Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (C~p!. fro7\ service JabeQ 2 d 1&')7~3':1(% PS Form 3811, July j~ .., Demelitlt Molu,"Roile;pt 102595-99-M-1789 ,.4 -' -----'---.... Z 215 743 908 ~ Postage $ ~7 Ictd Certified Fee Special Delivery Fee Restricted Delivery Fee :ll 0) Return Receipt Showing to T"" Whom & Date Delivered 'is. R""", Receipt Showing 10 Whom <. DaIe,&Addressee'sAddless ' o i TOTAL Postage & Fees ~ Postmark or Dale ~ '" Q. ~ ,. -,' ,,,~" '^';" .'~' .w'o_"" ',' ., ~'"'" ',-- .'+"~ -"'-, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, 'IF'1 [.1-' postage prepaid, at Harrisburg, Pennsylvania, on the dC f addressed as follows: John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, P A 1710 1 day of Ih "rC i ,2000 GOLDBERG, KATZMAN & SffiPMAN, P.C. By E~~aqUi~~~ 10. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 ~,I .,~ ~~illi Ililiilioi . (") c:, () c:: C-, "-:; ~: ~ -:1 -orl:,! 'L~ (11~; , ;':.':J 'T] Z'o'> ["^"" ~~;:' :.....,) J 1)"1 CD ~-~!Q ~. _!(~ ~~: "~;J .;!~, Zl--:-. --"r '~;,,5 ~~"~ ~U N OfTI "c= Z -, :::< :::> 3J h.l -< l'; "" ........."", .'.. ~ SHERIFF'S RETURN - OUT OF COUNTY CAqE NO: 2000-00612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARDINAL FREIGHT CARRIERS INC VS PACIFIC BUSINESS CONNECTIONS 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: TOMLINSON JAMES D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 29th , 2000 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge DEP. MONTGOMERY 18.00 9.00 10.00 33.00 .00 70.00 03/29/2000 GOLDBERG, KATZMAN CO ~:~..~ ~.~ ~~-~ R. Thomas -;line. . Sheriff of Cumberland County & SHIPMAN Sworn and subscribed to before me day of 0.,,;(7 this (,~ 02b1rO A.D. q,'f'~ 0 'lJ1.,Pb.' "if'r prothonot'ary ~;_.--' "_" -110 . SHERIFF'S RETURN PROTIlONOT ARY # :w- 1068 DEFENDANT : James D. Tomlinson DOCUMENT SERVED Civil INDIVIDUAL SERVED :James D. Tomlinson RELATIONSIllP TO DEFENDANT_: Defendant DATE AND PREVAILING TIME_:March 22, 2000 @ 07:05 LOCATION : 8011 Cooke Road, Elkins Park, P A THE ABOVE DOCUMENT WAS SERVED ON THE DEFENDANT AS PER INFORMATION LISTED ABOVE IN THE COUNTY OF MONTGOMERY, COMMONWEALTH OF PENNSYLVANIA. AFFIRMED AND SUBSCRIBED BEFORE ME ON THIS DAY. March 23, 2000 SO ANSWERS, ~ P. "DetIUI.Ide . ~~JA)) ~o J)~ NOTARY UBLIC John P. Durante SHERIFF OF MONTGOMERY NOTARIAL SEAL H"'"2NIE HiHEDIIlAN, Notary Public l'4!ontgomery Co., FA i! :~';:\; C, Exp~res Aprill, 2000 Ludwig DEPUTY SHERIFF ~ ~ . _- -=':'''7~:'-i:=::::~.'''-= '-, -, .",;.00,_. , ~~ h!: .. _I "'" F:\FILES\DATAFILE\Travdoc.cur\672_pra 1 Created: 04l1ft/OO 11:26;47,AM Revised: 04114/00 12:00:10 PM f , CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-612 CNIL ACTION - LAW PACIFIC BUSINESS CONNECTIONS, INC., and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON: SABINO LANDA VERDE, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant James D. Tomlinson in the above matter. Defendant hereby demands a twelve jurorjury trial in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO By G e B. Faller, Jr., re J.D. No. 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant James D. Tomlinson Dated: April 14, 2000 , - f' I CERTIFICATE OF SERVICE I, Tricia D. EckenToad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Evan J. Kline, III, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108 John Gerald Devlin, Esquire John Gerald Devlin & Associates 1065 Highway 315, Suite H Wilkes Barre, PA 18702 MARTSON DEARDORFF WILLIAMS & OTTO ~enrg. ~~ ~~~i~~i High Street Carlisle, P A 17013 (717) 243-3341 Dated: April 14, 2000 ',-~ " iHI~- _bli~~ ". .,' , - ~~,;,- " .< .~. 'j 0 c:..."") (-:1 s;: ;=-J ~-,. ~ "~..- "l:J ;:'"2... r:J m L; - " ,,- ?: '{'i "7 C' , C:J en ~;: "_1 ~ --<: c:: C ::~:' ~-- ,<> , -~ "q :z,c-> -",'. [) :>,0 C:...) rTl c: ::;::! ~ .':...) S =<. (n -< . O"~~~ '"-'~-~"~O~'Y. ",,",_'''-''_'''~.._ _" v' '^"; . EvanJ. Kline, ill I.D. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P. O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 COlUlsel for Plaintiff CARDINAL FREIGHT CARRIERS, INC., Individually, and as a Subrogee of Gary A. Jansen, and GARY A. JANSEN Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYL VANIA : No. 612-2000 v. : Civil Action - Law PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE, Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT. JAMES D. TOMLISON 51. Paragraphs I-SO of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 52. Denied. The averments contained in paragraph 52 contain conclusions oflaw to which no responsive pleading is required and they are therefore denied. By way of further answer, the Plaintiffs specifically deny each and every allegation contained in paragraph 52 of the Defendant's New Matter and specifically deny that the Plaintiff's causes of action are barred in whole or in part by the applicable Statute of Limitations. 53. Denied. The averments contained in paragraph 53 contain conclusions oflaw to which no responsive pleading is required and they are therefore denied. By way of further answer, the _ ,r. -- ,___,,~ . '>' " ~_ .',-.-,.- ,,_, .1, _" ~".-, -. ' Plaintiffs specifically deny each and every allegation contained in paragraph 53 of the Defendant's New Matter and specifically deny that the Plaintiffs causes of action are barred in whole or in part by the provisions of the Pennsylvania Vehicle Financial Responsibility Law. 54. Denied. The averments contained in paragraph 54 contain conclusions oflaw to which no responsive pleading is required and they are therefore denied. By way of further answer, the Plaintiffs specifically deny each and every allegation contained in paragraph 54 of the Defendant's New Matter and specifically deny that the Plaintiff's causes of action are barred in whole or in part by the provisions of the by the selection of the limited tort option and applicable policies of insurance. 55. Denied. The averments contained in paragraph 55 contain conclusions oflaw to which no responsive pleading is required and they are therefore denied. By way of further answer, the Plaintiff specifically denies each and every allegation contained in paragraph 55 of the Defendant's New Matter and specifically deny that the Plaintiff's injuries do not involve serious impairment of bodily function or permanent disfigurement. Wherefore, the Plaintiff requests that this Honorable Court enter judgment in his favor and against the Defendants, pursuant to the Plaintiff s Complaint. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 56-58. The averments of paragraphs 56 through 58 are directed to parties other than the Plaintiff, and no response is required. 2 " >~ -, -.,~,-,,"~- h '-.., , ~ ,- .;-._",_' -=--;0,,-''':','", , "j, Wherefore, the Plaintiff requests that this Honorable Court enter judgment in his favor and against the Defendants, pursuant to the Plaintiff's Complaint. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: .c' ~ c'''' r;-;;, L__ ;"/ (,?- f\U Evan J. Klin~ II, Esquire Attorney I.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 47141.1 Date: 71(0/00 3 ~"~ - - --"~ - - ~~=" -~"- - ,---,,"' '_~ ;;.~- -~"" .,_ '""""''''-'-'01'- "--,-, ,-. , ~"''_o__: ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, I DL. A postage prepaid, at Harrisburg, Pennsylvania, on the addressed as follows: John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, PA 17101 George B. Faller, Jr., Esquire Martson DeardorfWilliams & Otto Ten East High Street Carlisle, P A 17013 41437.1 day of -;f, 17 ,2000 GOLDBERG, KATZMAN & SHIPMAN, P.C. [ --I '/, J\PJ By L-, ,'. !~ .')[1'. Evan 1. Kline, ~ESqUire LD. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 '>- ~~ fj~~ EGI~: f.-c~L ~: tL '''"0 Q., c...., t.(> i= 7" ?<r: .......)=;:;; c..)~~ (_J ::J ~S~ Cr..:Z ~JJ!..u ~l:!o... 5 () -=r ::r.: 0.. C) =~ -~ . LAW OFFICES GOLDBERG, KATZMAN & SHIPMAN, :Poc. 320E MARKET STREET STRAWBERRY SQUARE P. O. BOX 1266 HARRISBURG, PENNSYLVANIA 17108~1268 f'> l- JOHN GERARD DEVLIN & ASSOCIATES, P.e. BY: JOHN GERARD DEVLIN, ESQUIRE J.D. #32858 100 Pine Street, Suite 300 Harrisburg,PA 17101 (717) 720-0700 Our File Number: 488-18672-JGD/h CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. : NO. 2000-612 PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE CNIL ACTION - LA W WRY TRIAL DEMANDED REPLY OF DEFENDANTS, PACIFIC BUSINESS CONNECTIONS, INC., PACIFIC BUSINESS CONNECTIONS & SABINO LANDA VERDE TO THE NEW MATTER CROSSCLIAMS OF DEFENDANT, JAMES D. TOMLINSON, PURSUANT TO Pa.R.C.P. 2252(d} Defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, by way of reply to New Matter crossclaimof James D. Tomlinson, aver as follows: 56. Denied. All allegations of liability producing conduct on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, as averred in the Complaint, are deemed to be specifically denied and at issue. 57. Denied. All allegations regarding liabilty producing conduct on the part of Pacific Business Connections, Inc. and Pacific Business Connections and/or Sabino Landaverde are deemed to be specifically denied and at issue. Strict proof of same is demanded at time of trial. 58. Denied. All allegations regarding liability producing conduct on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied and at issue. Strict proof of same is demanded at time of trial. II <( \: II II , I I , , I WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. Respectfully submitted, BY: ESQUIRE <' .... JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE 1.0. #32858 100 Pine Street, Suite 300 Harrisburg, P A 17101 (717) 720-0700 Our File Number: 488-18672-JGD/h CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen V. PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE : COURT OF COMMON PLEAS : CUMBERLAND COUNTY , f' : NO. 2000-612 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED VERIFICATION I, John Gerard Devlin, Esquire, hereby deposes and say that the facts set forth in the attached Reply to Crossclaims of defendant, James D. Tomlinson, pursuant to Pa.R.C.P. 2252(d), are true and correct to the best of my knowledge, information and belief; and that I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J/'i {}() , DATE II HN GERARD DEVLIN, ESQUIRE ,I.,: JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE LD. #32858 100 Pine Street, Suite 300 Harrisburg,PA 17101 (717) 720-0700 Our File Number: 488-18672.JGD/h CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen V. PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 2000-612 : CIVIL ACTION. LAW : JURY lRIAL DEMANDED CERTIFICATION OF SERVICE I, John Gerard Devlin, Esquire, counsel for defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, hereby certifies that on July II, 2000, he mailed by First Class Mail, postage prepaid a true and correct copy of the Reply to Crossclaims of defendant, James D. Tomlinson, pursuant to Pa.R.C.P. 22s2(d) to all interested parties as listed below: Evan J. Kline, ill, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Counsel for Plaintiff) George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013.3093 (Counsel for James D. Tomlinson) BY: Dated: July II, 2000 _II J RD VLIN, ESQUIRE o nsel for Defendants Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde ;.l.;. J~ -'~""'~_'_'U!"""--~- -~tiIll1" ~"'''~~:U1W~,~~ <"'J- "'.J ~"" ,_.. " ,,-^, '..,J'. (") r) I' e CJ -' ~-:; , 1 ~, u_ "..... r:i f';--" , .--~ n Z :_lj r'---': ~ .-:~- f;~: , ;-'1 q c.-.J ;-::J r:: Co ~~ C-:'1 ~~~: "-~ :~j C"; '-. ) .>- C ':.J , q \-} Z -, --j '........) )::. -<. CJ .:u -< ~ To Parties: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the service hereof or a default j dgme y be entered against you. JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE I.D. #32858 100 Pine Street, Suite 300 Harrisburg, P A 17101 (717) 720-0700 Our File Number: 488-18672-JGD/h CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen COURT OF COMMON PLEAS CUMBERLAND COUNlY V. : NO. 2000-612 PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, PACIFIC BUSINESS CONNECTIONS, INC, PACIFIC BUSINESS CONNECTIONS & SABINO LANDA VERDE Defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, by way of answer to the Complaint aver as follows: I. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 2. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 3. Denied. The allegations contained in this paragraph contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. 4. The allegations contained in this Paragraph of the Complaint are not addressed to answering defendants. Therefore, all allegations are deemed to be denied. Strict proof of same is demanded at time of trial. I', 5. Denied. The allegations contained in this paragraph contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. 6. Denied. The allegations contained in this paragraph contain disputable issues andlor conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. 7. Admitted upon information and belief. 8. Admitted upon information and belief. 9. Admitted upon information and belief. 10. Admitted. 11. Admitted. 12. The allegations contained in this Paragraph of the Complaint are not addressed to answering defendants. Therefore, all allegations are deemed to be denied. Strict proof of same is demanded at time of trial. 13. Denied. It is specifically denied that the plaintiff, Gary A. Jansen, was operating the Cardinal vehicle in a safe manner. Strict proof of same is demanded at time of trial. 14. Denied. It is specifically denied that Gary A. Jansen steered the Cardinal vehicle into the left travel lane. Strict proof of same is demanded at time of trial. IS. Denied. It is specifically denied that the defendant struck the plaintiff's vehicle. 16. Denied. All allegations regarding negligence on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be I !:j specificaUy denied. By way of further answer, it is specificaIly denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 17. Denied. AIl aIlegations regarding negligence on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specificaUy denied. By way of further answer, it is specificaUy denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 18. Denied. AIl aIlegations regarding negligence on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 19. Denied. All allegations regarding negligence on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 20. Denied. AIl aIlegations regarding negligence on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specificaIly denied. By way of further answer, it is specificaIly denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 21. Denied. AIl aIlegations regarding negligence on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. By way of further answer, it is specificaIly denied that any actions or omissions on the II II part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 22. Denied. All allegations regarding negligence on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT I 23. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-22 of the Complaint as if same were fully set forth herein at length. 24. The allegations contained in this Paragraph of the Complaint are not addressed to answering defendants. Therefore, all allegations are deemed to be denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT II 25. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-24 of the Complaint as if same were fully set forth herein at length. 26. The allegations contained in this Paragraph ofthe Complaint are not addressed to answering defendants. Therefore, all allegations are deemed to be denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. Ii COUNT III - NEGLIGENCE 27. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-26 ofthe Complaint as if same were fully set forth herein at length. 28. Denied. All allegations regarding negligence or carelessness on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT IV 29. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-28 of the Complaint as if same were fully set forth herein at length. 30. Denied. All allegations regarding negligence or carelessness on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT V 31. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-30 ofthe Complaint as if same were fully set forth herein at length. 32. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-31 of the Complaint as if same were fully set forth herein at length. 33. Denied. All allegations regarding agency, service and/or employment are deemed to be specifically denied. By way of further answer, the remaining allegations contain disputable issues and/or f__ " conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their fuvor. COUNT VI 34. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-33 of the Complaint as if same were fully set forth herein at length. 35. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-34 of the Complaint as if same were fully set forth herein at length. 36. Denied. All allegations regarding agency, service and/or employment are deemed to be specifically denied. By way of further answer, the remaining allegations contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT VII 37. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-38 of the Complaint as if same were fully set forth herein at length. 38. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-37 of the Complaint as if same were fully set forth herein at length. 39. Denied. All allegations regarding agency, service and/or employment are deemed to be specifically denied. By way of further answer, the remaining allegations contain disputable issues and/or II II conclusions of law to which no response is required under the applicable pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT VIII 40. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-39 ofthe Complaint as if same were fully set forth herein at length. 41. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-40 of the Complaint as if same were fully set forth herein at length. 42. Denied. All allegations regarding agency, service and/or employment are deemed to be specifically denied. By way of further answer, the remaining allegations contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT IX-NEGLIGENCE 43. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-42 of the Complaint as if same were fully set forth herein at length. 44. Denied. All allegations regarding negligence or carelessness on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNTX 45. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-44 of the Complaint as if same were fully set forth herein at length. 46. Denied. All allegations regarding negligence or carelessness on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT Xl 47. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-46 of the Complaint as if same were fully set forth herein at length. 48. Denied. All allegations regarding negligence or carelessness on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Laridaverde, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. COUNT XII 49. Answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, incorporate by reference their response to the allegations contained in paragraphs 1-48 ofthe Complaint as if same were fully set forth herein at length. 50. Denied. All allegations regarding negligence or carelessness on the part of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. -.0' . NEW MATTER 5 I. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. Section 7102. 52. The claims of the plaintiffs are barred and/or limited by tbe provisions ofthe Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701, et seq, including all claims for services and accommodations for: a) professional medical treatment and care; b) emergency health services; c) medical and vocational rehabilitation services; d) work income losses, past, present or future, and any and all other economic losses. 53. If there be ajudicial determination that Pa. R.C.P. 238 is constitutional, said constitutionality being expressly challenged as in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. Section 1983; Article I, Sections I, 6, II, 26; and Article V, Section 10(c) ofthe Pennsylvania Constitution, then liability for any interest imposed by the Rule should be suspended during the period of time that plaintiffs: a) fails to convey to the defendants a settlement demand figure; b) delays in responding to Interrogatories; c) delays in responding to Request to Produce; d) delays in producing plaintiffs for a deposition; e) delays in producing plaintiffs for a physical examination; t) delays in any other discovery request made by the defendants, and, as a result of any delay, the plaintiffs should be estopped from obtaining interest because of any violation of the Discovery Rules. 54. At the time of the alleged motor vehicle accident, plaintiffs were occupants and/or the operator of a motor vehicle insured under or meeting the requirements ofthe Pennsylvania Financial Responsibility Law, 75 PA. C.S. Section 1701, et ~., or in the alternative, was involved in an accident with such a motor vehicle: II a) Pursuant to the Pennsylvania Motor Vehicle Responsibility Law, 75 PA. C.S. Section 1701, ~ ~., plaintiffs recovering any and all first party benefits to which plaintiffs are entitled under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 PA. C.S. Section 1701, et~. b) Plaintiffs claims and actions are barred in whole or in part by the provisions ofthe Pennsylvania Comparative Negligence Act, 42 PA. C.S. Section 7102, ~~. c) Plaintiffs' claims are barred in whole or in part by plaintiffs' signed waiver of the right to sue made effective through the Act VI Amendments to the Vehicle Financial Responsibility Law. d) Plaintiffs' claims are barred in whole or in part by an election ofthe limited tort option, or in the alternative, by the operation of law, and she/he is deemed to have selected limited tort option. e) Plaintiffs lacks standing to sue for property damage to the vehicle he was operating. 55. Any damages or injuries which may have been sustained by the plaintiffs were caused through the sole negligence ofthe co-defendants herein. 56. Any damages or injuries which may have been sustained by the plaintiffs were the result of an unavoidable accident insofar as the answering defendants are concerned. 57. Any injuries or damages allegedly sustained by plaintiffs were caused through the sole negligence of the plaintiffs. 58. There was no willfulness involved in any of the events involving the factual basis upon which this suit has been instituted. 59. The claims of the plaintiffs are barred and/or limited by reason ofthe statute oflimitations, inasmuch as suit was not instituted and service of process was not made within the applicable limitations period. 60. Negligence, ifany, on the part of the answering defendants, was not the proximate cause of any damages or injuries which may have been sustained by the plaintiffs. 61. The Complaint fails to state a claim upon which relief can be granted as against the answering defendants. 62. The answering defendants were free of any and all negligence. II ~ 63. Any damages or injuries which may have been sustained by the plaintiffs were caused through the sole negligence of a third party or parties over whom the answering defendants exercised no control. WHEREFORE, answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, demand that judgment be entered in their favor. NEW MATTER IN THE NATURE OF A CROSSCLAIM AGAINST CO-DEFENDANT (fthe plaintiffs, Cardinal Freight Carriers, Inc., individually and as a subrogee of Gary A. Jansen, sustained injuries and damages as alleged, those injuries and damages are due solely to the negligence, carelessness and recklessness of the co-defendant, James D. Tomlinson, and were in no way due to any acts or omissions of answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde. WHEREFORE, James D. Tomlinson is alone liable to the plaintiffs, or in the alternative, is jointly or severally liable with the answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, or, in the alternative, is liable over to the answering defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, for contribution " and/or indemnity, any liability on the part of the answering defendants, Pacific Business Connections, Inc., I.: I' Pacific Business Connections and Sabino Landaverde, being expressly denied. !~ H p ! COUNTER CLAIM Defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino I' Ij Landaverde, by way of counterclaim against Cardinal Freight Carriers, Inc. and Gary A. Jansen, both individually and severally, aver as follows: On or about January 2, 1999, defendants, Pacific Business Connections, Inc. and Pacific Business Connections, was the owner of a 1999 Kenworth tractor trailer lawfully travelling northbound on State Route 81, at or near milepost number 285. At the same time and place, Cardinal Freight Carriers, Inc. and Gary A. Jansen were negligently operating a motor vehicle travelling northbound on State Route 81 at or near milepost number 285, and caused it to collide with the vehicle of Pacific Business Connections. The negligence of Cardinal Freight Carriers, Inc. and Gary A. Jansen, both individually and severally, was as follows: a) Failing to operate a motor vehicle with due regard for the safety and property of others; b) Operating a vehicle at an excessive speed; c) Failing to obey the laws of the Commonwealth of Pennsylvania and applicable local ordinances; d) Failing to make proper observations; and e) Operating a motor vehicle in a negligent and careless manner. As a result of hte aforesaid, Pacific Business Connections, Inc. and Pacific Business Connections, both indivudally and severally, sustained property damages in the amount of Eighty Five Thousand Six Hundred Nine Dollars and Ninety Three Cents $85,609.93. WHEREFORE, Pacific Business Conections, Inc. and Pacific Business Connections, both individually and severally, demand judgment against Cardinal Freight Carriers, Inc. and Gary A. Jansen in the amount of Eighty Five Thousand Six Hundred Nine Dollars and Ninety Three Cents ($85,609.93), plus interests and cost of this action and/or damages for delay. CROSSCLAIM On or about January 2, 1999, defendants, Pacific Business Connections, Inc. and Pacific Business Connections, were the owner of a motor vehicle being lawfully operated northbound on State Route 81, at or near its intersection with mile marker 285, in Southampton Township, Cumberland County, Pennsylvania. At the same time and place, co-defendant, James D. Tomlinson, was negligently operating a motor vehicle travelling northbound on State Route 81, at or near mile marker 285, and caused it to collide with the vehicle owned and/or operated by Cardinal Freight Carriers, Inc. and operated by Gary A. Jansen. The negligence of James D. Tomlinson was as follows: a) Failing to operate a motor vehicle with due regard for the safety and property of others; b) Operating a vehicle at an excessive speed; c) Failing to obey the laws of the Commonwealth of Pennsylvania and applicable local ordinances; d) Failing to make proper observations; and e) Operating a motor vehicle in a negligent and careless manner. II II As a result of the aforesaid, Pacific Business Connections, Inc. and Pacific Business Connections, both indivudally and severally have sustained property damages in the amount of Eighty Five Thousand Six Hundred Nine Dollars and Ninety Three Cents ($85,609.93). WHEREFORE, Pacific Business Conections, Inc. and Pacific Business Connections, both indivudlaly and severally, hereby claims ofthe co-defendant, James D. Tomlinson, the sum of Eighty Five Thousand Six Hundred Nine Dollars and Ninety Three Cents ($85,609.93), plus interests and cost of this action and/or damages for delay. Respectfully submitted, EVLIN & ASSOCIATES, P.c. BY: II ~ l , l J JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE I.D. #32858 100 Pine Street, Suite 300 Harrisburg, P A 171 01 (717) 720-0700 Our File Number: 488-18672-JGD/h CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen : COURT OF COMMON PLEAS : CUMBERLAND COUNTY i I f I l I I V. : NO. 2000-612 PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COUNTY OF CUMBERLAND SS COMMONWEALTH OF PENNSYLVANIA I, John Gerard Devlin, Esquire, being duly sworn according to law, hereby deposes and says that he is the attorney for defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde, in the above-captioned matter, that insufficient time exists to secure signature of defendants to an affidavit, and that the facts contained in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief. Dated: July 11, 2000 --.' EVLIN, ESQUIRE II II JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE J.D. #32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 488-18672-JGDIh CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. : NO. 2000-612 PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATION OF SERVICE i: I: i: I, John Gerard Devlin, Esquire, counsel for defendants, Pacific Business Connections, Inc., Pacific I' i: Business Connections and Sabino Landaverde, hereby certifies that on July 11,2000, he mailed by First L i-i ! ~ i: 1,,1 Class Mail, postage prepaid a true and correct copy of Answer and New Matter to all interested parties as i ~ listed below: , ~ Evan J. Kline, III, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Counsel for Plaintiff) George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (Counsel for James D. Tomlinson) !1 i: " I I; !; " '. BY: o GERARD D , SQUIRE Counsel for Defendants Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde Dated: July II, 2000 liH1UIliiI,tdl..Ju~~~'~lltM!4liiilitiilil!l'i/1iiiljuj~W&llm."':illJ~iil~_'^~~ ~ "~~... Jit;)l,,: n: ~ 'JlJ, w. J~JI[Jt '" ~" >, ''''0, .,,, -", '.ol....';.."._.,-- ~ ,,~- " ---~.... .. " 0 c: ~? c: C,~] -.- 'O~" ---- -0 ~.- , -';"1 rC : r "- , ~ ~'l <-- " ',-) ~~ - c....:' 0'-, \::? -, , ~:~ ,. '"l''o> n () ~ '2~ ;",' 31 " ~.;;:.;. C ~,}. ~- C :.:;~~ ~ "V :rJ -< ( :> -< r~ _<<01. "'~ , . ~I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , CARDINAL FREIGHT CARRIERS Vs. NO. 2000612 JAMES TOMLINSON, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a p~e~equisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 7/26/00 f}~ GEORGE B FALLER, ESQUIRE TEN EAST HIGH ST CARISLE, PA 17013-3093 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Angelique Cianci File #: M265122 ~-"', ",. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARDINAL FREIGHT CARRIERS Vs. JAMES TOMLINSON, ET AL No. 2000612 TO: EVAN KLINE, :E:SQ JOHN G DEVLIN, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 6/29/00 GEORGE B FALLER, ESQUIRE TEN EAST HIGH ST CARISLE, PA 17013-3093 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Angelique Cianci Enc(s): Copy of subpoena(s) Counsel return card File #: M265122 . <XJfoMJNWEALTH OF PmNSYLVANIA axJNl'Y OF aJMBFlUAND . CARDINAL FREIGHT CARRIERS VS. JAMES TOMLINSON, ET AL 2000612 Fi Ie No. SUBPOENA TO PR<lO.JOE tlClO.H:NTS OR 1li I NGS FOR 0 I SOOVERv PURSUANT TO RULE 4009.22 TO: COLONEL PAUL EVANKO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doeunentl'l or things: **q~~ ~~TACHED ADDENDuM*~ ; ..~.?,. . , .' at MED~AL L~u~ ~E~KODUCTION~ INC 4940 nT~~~ON ST (Address) PHILA PA 19135 You may deliver or mail legible copies of the ~s or produce things requested hI this subpoena, together with the certificate of' CCIJ1)liance,to the party making thi, request at the address listed above. You have the right to seek in advance the reao;onab lE cost of prEl9aring the copies or producing the things sought. 1 f you fai 1 to produce the docunents or things required by this subpoena within tl'lenty (20)' days after its serv~ce" ,-th,e pa17ty.serv,i'i'lil",thi!l" s;~a may seek a court orde'- c:crrpell;ng you to carply with it. , ,', - ""','," .,:' , ! " 1li I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLlO'lI Ni3 PERSON: ~: GEORGE FALLER, ESQ ADDRESS: --1.0 ~ HTf.:H ~T ',' CARLISl;E .PA17013 'j~i;) 335 3212 TEl€PH:lNE: SUPREI'E cnJRT 10 It DEr'KNlJA1\1T ATTORNEY FOR: , r,' I . ~'; ( ; .,- .; J : _ OATE:J"LiM~'9.tF', '~(YY) , ',Seal Of the,C&ir .1 .',', i 1 DiVision ".' , , .':' :i:'",-, ." ,.' {J"":"i j' i.' (Eff. 7/97) ';'p,~~. . , ". . . .-', , . '~ . . ADDENDUM TO SUBPOENA CARDINAL FREIGHT CARRIERS VS. No. 2000612 JAMES TOMLINSON, ET AL CUSTODIAN OF RECORDS FOR: COLONEL PAUL EVANKO. POLICE REPORT, PHOTOS, DRAWINGS OR MEASUREMENTS FOR #H2-1046286. DATE OF ACCIDENT: 1/2/99; TRAFFIC ACCIDENT PERTAINING TO: NAME: CARDINAL FREIGHT CARRIER ADDRESS: 5333 DAVIDSON HWY CONCORD NY CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE 'ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M265122-01 , ~1ilI__1IiioilI........r.,.~~,-~' ' .lU" ~>,,~~~ ~~~. ...^---~~~,.. -'U_~~'W~.l~jill<_ '"""~~ ~ '" .,.. - ,,, .~ "" " . 0 0 0 ~ 0 -1'l ~$ J:>o ::1 ~ ~ G') ,:-;.0;;1, z-c. I "~r= ~~ -"!~rm m -60 ~D .3:>0 Qc!) ~8 X"T; :x r):D ~";J.-C) >c 9.' om ~ :::- :;;J (,.) :0 -< . -r:, I JOHN GERARD DEVLIN & ASSOCIATES, P.e. BY: JOHN GERARD DEVLIN, ESQUIRE LD. #32858 100 Pine Street, Suite 300 Harrisburg, PAl 71 01 (71 7) 720-0700 Our File Number: 488-18672-JGD/h CARDINAL FREIGHT CARRIERS, INC., Individually and as Subrogee of Gary A. Jansen V. PACIFIC BUSINESS CONNECTIONS, INC. and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDA VERDE : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 2000-612 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO EXCHANGE VERIFICATIONS TO THE PROTHONOTARY: Kindly exchange the affidavit of John Gerard Devlin, Esquire, with that of Bhupinder Singh, Corporate Designee of Pacific Business Connections, to the Answer and New Matter. JOHN GERARD D VLIN AND ASSOCIATES BY: DATED: August 7, 2000 II II 1~!$kll1l.i~~~IW.~,.';~.jHIiIi-'il'j1i.~!ii\alM!lllitll.wiirilll/il.il"\lkl',j:'"~.",~~~flli."''''M;,~''''''-~'-~-- '-'-<' .~.JMilJi1ll J, , ,"'~,' '-,'. ~~~ ~,~ ."d _"_~_"_~. I ,~"'''''"' ~ " "~--~ - "'.<" ,~~~ -~ ~"''''''''''''''Il!IIiiw~lIill!IllI , " '~1l1" " () 0 0 ~ 0 -n :<:00 rgOJ c:: :::;:1 m :'-:h:6 Z:v G") 65~ ,. -,~)rn ~~-- ~~ ~o -0 ~D 3:: ~,L) -ii )>0 N 2-5't5 C Om :z: ~ =< 1',> -",; <Tl :n -< Wi .....,,- 'I . ~ JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: JOHN GERARD DEVLIN, ESQUIRE I.D. #32858 100 Pine Street, Suite 300 Harrisburg, PA 17101 (717) 720-0700 Our File Number: 488-18672-JGDIh . , 'C , " . t)Vil,) . , . Iii." -~tP{, CARDINAL FREIGHT CARRIERS, INe., Individually and as Subrogee of Gary A. Jansen V. PACiFIC BUSn~ESS_C01~~ECTION"S, INC. and P ACmC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO LANDAVERDE : COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO. 2000-612 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED VERIFICATION I, Bhupinder Singh, Corporate Designee of Pacific Business Connections, hereby deposes and says that the facts set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief; and that I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ?/JI/I?V DATE I II tfJlJ BHUPINDER SWGH, Corporate Designee of Pacific Business Connections ~~~~~.~_~_~ldJtL"",-4>jtj;lli~",,OO&~'-~ ,'.'r , ~ ''''''''.J,;, , ~..,~. ~.__ ..J -.' u ~, . j -J C) a 0 c 0 " <:: ~ -orjS ::;j mr;' ~ rl1?J z::d en zc -WfTl ~~2: :'_iJO c") I ,<0 ':='10 -0 i~:B ~o -~'... -0 :0:.70 )>c N om Z N ~ =< (Tl :rJ -< I'ii' . ',-.,-,,- --'""'~>"' , . 1J. . JOHN GERARD DEVLIN 8< ASSOCIATES, P. c. JOHN GERARD DEVlJN, ESQUIRE L D. NO. 32858 HOWARD D. KAUFFMAN, ESQUIRE L Do NO. 3B!/63 SUITE 160, 100 PINE STREET HARRlSBURG,PA 17101 (717) 'no.o7OO ATIORNEY FOR: DefeDdaJJts Pacific Business ConneetiOllS, IDe. Pacific Business Conncctions Sabino Landawrde : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYL VANIA CARDINAL FREIGHT CARRIERS, INC. Individually and as Subrogee of Gary A. Jansen, v. : NO. 2000-612 : PACIFIC BUSINESS CONNECTIONS, INC., : CML ACTION - LAW and PACIFIC BUSINESS CONNECTIONS, JAMES D. TOMLINSON, SABINO : JURY TRIAL DEMANDED LANDA VERDE PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Howard D. Kauffinan, Esquire of the Law Offices John Gerard Devlin & Associates, P.C. on behalf of Defendants, Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde in the above-captioned matter. Respectfully submitted, JOHN GERARD DEVLIN & ASSOCIATES, P.C. Br.~ Ho .Kauffinan,Esquire ,,' ....-... . k::,1 'I !! JOHN GERARD DEVLIN & ASSOCIATES, P. C. JOHN GERARD DEVUN, ESQUIRE I. D. NO. 32858 HOWARD D. KAUFFMAN, ESQUIRE I. D. NO. 38963 SUITE 260, 100 PINE STREET HARRISBURG, PA 17101 (71'7) 720-0700 ATTORNEY FOR: Defendants Paeifle Business Couueetious, In.. Pacific Business Cooueetions Sabino Laudaverde CARDINAL FREIGHT CARRIERS, INC. Individually aud as Subrogee of Gary A. Jansen, : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 2000-612 PACIFIC BUSINESS CONNECTIONS, INC., : CIVIL ACTION - LAW and PACIFIC BUSINESS CONNECTIONS, : JAMES D. TOMLINSON, SABINO : JURY TRIAL DEMANDED LANDA VERDE CERTIFICATE OF SERVICE AND NOW, this '2~y of June, 2001, I, Howard D. Kauffin>ln, Esquire, counsel for Defendant affirm that I served the foregoing Praecipe for Entry of Appearance by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Evan J. Kline, Esquire 320 Market Street P.O. Box 1268 Harrisburg,PA 17108-1268 Counsel for Plaintiff George B. Faller, Esquire Ten East High Street Carlisle, PA 17013 Counsel for Defendant, James D. Tomlinson d~ ~ I .-,,~, >'''iiiiIIl" ~ ~ <Wd~~~~ilIJl!ll--~ , , :.,,, '-',J' 'j,)'" -:.' :/. t i ! ;',~ "I: i; if I ~, ~ . _"~'" '<.i-'j,-~ ..; "P ';,' "'l;-;,J;-_,-,-,, '; ".,:- " '\', m.::t 1" ., ;., ";:1 )'.-';" . ,~ \" .~, "t)' ,-~(:- . ; ~ ,'e' , ,it!! 'i . '_~ j,.;:,. 'I,' _E', , o G s.~ ~~I: ~S~-- -<I"~ -G.-/' 2:;e, (::;c!. ;ff;~ :, .~ '!'/ .t\L d 'r- f."'.--:_ ",,,,-,,, ';') 0' ~-o ..- ~-'> ,1.- if, ,."-... \ -';Lnf d.,' -n \:;::, ~: o~ ...1 " <, "',-\ ---:--c' '- ;: (:~-?, ~,~r' l ':, ?o -< .-.J'.\": .- ~ , - ., j~~ ",,"'., JAMES M. HARNISH, JAMES L. HARNISH, et aI. : IN 1HE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY v. GARY A. JANSEN, CARDINAL FREIGHT, et aI. Defendants NO. 00-8319 Civil Term Plaintiff : IN 1HE ~OURT1)F CqMMON PLEAS : CUMBERLAND COUNTY SABINO LANDA VERDE v. CARDINAL FREIGHT CARRIERS, INC., GARY ALLEN JANSEN and JAMES D. TOMLINSON, Defendants : NO. 00-8727 Civil Term AMERICAN CLAIMS ASSOCIATES, INC. as Subrogee of Pacific Business Connection, et al. Plaintiffs v. CARDINAL FREIGHT CARRIERS, INC. and GARY ALLAN JANSEN and JAMES D. TOMLINSON Defendants : IN 1HE COURT OF COMMON PLEAS : CUMBERLAND COUNTY NO. 00-8726 Civil Term NATIONWIDE MUTUAL INSURANCE CO. A1S/0 James M. Harnish JAMES M. HARNISH Plaintiffs v. JAMES D. TOMLINSON, et aI. Defendants IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-07 - Civil Term - - CARDINAL FREIGHf CARRIERS, iNC., et aI. Plaintiffs IN TrlE COURT OF COMMON PLEAS CUMBERLAND COUNTY v. PACIFIC BUSINESS CONNECTIONS, INC. et al. NO. 00-612 - Civil Term .....--- STIPULATION AND NOW, come the Parties by their counsel, who agree to the consolidation of these matters for purposes of Discovery and Trial. ~ ~ I " ~,~~ -,,, .. f Date: L)t ;ip' r\ !l0I1^-l~ '} E Alfred Smith, Esquire Attorney for Nationwide Insurance ~ "'-~--(--'~'- - '---- Date: HoW'D. Kauffinan, Esquire Attorney for Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde Date: 5 - \ 1 - 02-... -- ~. William Douglas, Esquire Attorney for James M. Harnis et al. Date: Date: t..{g-OJ- ~;g~ Thomas E. Brenner, Esquire Attorney for Cardinal Freight Carriers, Inc. and Gary Allen Jansen .. .d"'''' ~- -,~ --~ "' ~.!UdI~_iI1H.llllllli!ll~"'~"""-'~~ ._~. - ,'''~ 0" _~. _" ,<"~~ ~--, '" , () c:::.' ~ C r,) \._) -n ;s:: '== -0 Cr.' S2 j'~: "- '0 /-:.C~ !"'J :-D 9~: -:', <j , , r;~ c; .~. r~ :-'1< ~c:. ;2 ?Q; ~(- >E N ::-=.; I'll ~- S -'.1 :J1 "):.,., :n -< (,~ -< .