The URL can be used to link to this page

Home My WebLink About00-02133 -:~ ,_ .:-:t JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-01133 Civil v. : CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue two (2) Writs of Summons against the following Defendants, at the " addresses given: Allied Van Lines, Inc. 1209 Orange St. Wilmington, DE 19801 and Kevin Gary Corbett 5260 SW 6th Place Margate, FL 33068 and return both certified Writs to this office for our service on said Defendants by Certified mail. Respectfully submitted, HANDLER, HENNING and ROS E G BY: DATE: 4(G!uJCo Matthew S. Crosby, Esq. ID No. 69367 319 Market St., P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Attorneys for Plaintiffs "-- I" ~ ~ ~ .. """""'--l-"""'" ',11/5-1- t " ,-~- ,~"~ .,. PR ~fk i5 ? o --0 ~ - -- ~, . - ~','- "o-_"~" ',"', ';.:;';;,;..r..'-: ~ "'"" ~~ " ~'i. '~. ."..;,,~ .~O.. i~a Ii ~.~ ~~ -0' B ......~ ,'!Q b Q (") c: <" -06 nlrr -'7'-.-, .L....._.~. Zru (]5"'1'"; -<z ~c ~o -,::0 ....::-~ ~ :;::;)-,' -"t'i1'{J2 ~j~ ~~;5, -I> ~ -.J '7'"'0 ::;;; w '^' !IIIfI~~IlI~!lf'lT';ff'll"-"!J^F1"1"l'''''~''" ........""'''''''''' '''1"''~ , ~~ _A ~ i!<":~I~_ I .. Commonwealth of Pennsylvania County of Cumberland JAMES ROBINSON AND GWEN MILLER, HIS WIFE VB. ALLIED VAN LINES, INC 1209 ORANGE ST. WILMINGTON, DE 19801 Court of Conunon Pleas KEVIN GARY CORBEIT 5260 SW 6TH PLACE MARGATE, FL 33068 No. _____9_0_:?J.}),_~j..Y:U~1-~:mtu--- _____ In ___ ___~J. ~:!:L A<egP1L:' _g\f_________________ To _~~}._~~_y!l!!_g_I!!~~L~I!g.:3.mLK~yj..!LG2.J:Y Corbett You are hereby notified that James Robinson and Gwen Miller, his wife ------------------------------------------------------------------------------------------------- the Plaintiff h:ve commenced an action in ____i;;!,yU__l',gj::j".Q!L.:-__Lal'l_______________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) ._--------~~~~-t~-~~--~!lll-----------------_____ Prothonotary ])ate _____~IJLl-]~_-20Dll________ 19____ ~-f}"-~~___ ])ep~tf-' .,J. ... ..........,~ , , , ~ , , , , H--JtI1Waf In , ::;;f-'~ ~t:..< , 'aflJ1:>: I , . I--'PJ I--' ,I-" , N<1> I-"N ~ ~ I , t:::l...JI1\.Ort ,<: : ~ ~;5. ~Of-' , , . I 1-1 rt 'I-" '" 1-" 10 , ""NI-"af::> if-' 'I>> ::> . <1> en , wen <1> 'rI'Ul ::>00. ~::P '0 , "'00<Tt1:<: ')> : <1>::;;E lQt1<:; " I '" I ~;>;' '0 r I - rl'1>> f-'O 'N , , WN ([) (J) 'rI' I '" 0::>1>> <: f-'<T 'f-' , 0" 0 rt. 1-" "lrl' ::> lQ ::> en <1> 1-" 'w >' --J 0_ B t-<::> - <1> t1 ::> Iw s! 0 Uln n t-< - en , ::l;t8 w'Uo o Ull-" 0 'n 81 , Wf-'I'! trlrl'::> ::>::> 'I-" - en 01>><T . <1> 1-" 1<: ~: f-' <T i "'@<1> f-' en en I>> II-" --J'U'<: 00 rI' '" - :<:8. 'f-' , f-'. - rI' 00 , , .... , 00 = 0 H 1-" '1-3 , 00. trl f-' i'f .... '<1> , ~en <1> j~ , I x'9 I I , f-' , , f-' , --J , --J I f E t; C~ -+ 'tIt C; t. f 8 + r t ro.-0 t fD~~ (\J~ )J iBr n g ~ - I ~ f ~ ~ D fY f f ~ I ~. 1'-1_", 1 ...~ "." "" , ~~"" JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 002133 Civil v. : CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Writ of Summons against Defendant Kevin Gary Corbett onlv in this matter, pursuant to Pennsylvania Rule of Civil Procedure 401 (2). Defendant Corbett's address is as follows: Kevin Gary Corbett 5260 SW 6th Place Margate, FL 33068 (Defendant Allied Van Lines, Inc. had been successfully served on April 14, 2000 and an Affidavit of Service had been filed with your office on April 19, 2000 with regard to Defendant Allied Van Lines, Inc.) DATE: 'IZJjeoero HANDLER, HENNING &R~ BY: ~ hew S. Crosby, Esq. 319 Market St., P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Supreme Court ID No. 69367 Attorneys for Plaintiff " , . '-I .. '1 VERIFIED RETURN OF SERVIC,_ Commonwealth of Pennsylvania County of Cumberland Court Of Common Plea Court Case Number: 00-2133 CIVIL TERM Plaintiff: JAMES ROBINSON, ET. AL, vs. Defendant: ALLIED VAN LINES, INC., ET. AL, For: Matthew S, Crosby HANDLER HENNiNG & ROSENBERG P,O. Box 1177 Harrisburg PA 17108 Received by FLORIDA PROCESS SERVICE, INC. on the 19th day of May, 2000 at 11:09 am to be served on KEVIN GARY CORBETT, 5260 SW 6 PLACE, MARGATE, FL 33068. i, PAUL KALIN, being duly sworn, depose and say that on the 23rd day of May, 2000 at 10:35 am, I: POS1;ED a true copy of the Writ of Summons with the date and hour of service endorsed thereon by me, to a conspicuous place on the property described within, , Comments pertaining to this Service: A MAN ANSWERED THE DOOR ABOUT 45 TO 50 YEARS OLD, WHITE, 5'9 ABOUT 180LBS. AND STATED THAT THE PERSON THAT I WAS LOOKING FOR WAS HIS FATHER. I WAS GIVEN THE DEFENDANT BIRTH YEAR OF 1951 BY THE ATTORNEY'S OFFICE. I ATTEMPTED AGAINON 5/23/00 AND I COULD SEE SOMEONE IN TH HOME AND THEY REFUSED TO ANSWER AND I POSTED THE WRIT TO THE DOOR AND ADVISED HIM THAT HE HAD BEEN SERVED IN A LOUD VOICE. I am over the age of eighteen, and have no interest in the the above action, Subscribed and Sworn to before me on the 25th day f May, 2000 by the affiant who is personaily kn to e, UBLlC FLORIDA PROCESS SERVICE, INC. P.O. Box 013366 Miami, FL 33101-3366 (305) 371-9000 Our Job Serial Number: 2000006231 1";' ~ Laura Murray *Ji. * My Commission CC913257 "'.,......'.,1' SXptres Febru8iY 23,2004 Copyright@1992-1999DatabaseServices, Inc. - Process Server's Toolbox V5.3p .w:' _I i , 1 ,I i 1 :i ,i i I , i 1 , -' I ~ ... JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN I, MATTHEW S. CROSBY, hereby certify that I served the Writ of Summons in the above-captioned matter on Defendant, Allied Van Lines, Inc., by Certified first-class United States mail, Restricted Delivery, return receipt requested, and said document was received by said Defendant, Allied Van Lines, Inc. on April 14,2000, as evidenced by the signed return receipt card, attached hereto and made a part hereof, along with th, ,opy ofth, "'""nilb! I'tt~. (/ Sworn to before me (~AL) '" ..-/ and subscribed this (q ~y Of~2000. -? ~~c Public NOTARIAL SEAL VERA F. FREEO. Notary Public CIty of Harri$burg, Dauphin County Mv Commission Expires Aug. 28 2001 ><~. . .... 'Qj SENDER: ." in .. !! ~ .. 5 c o ." ~ a. E 8 I also wish to receive the follow- ing services (for an extra fee): o Complete items 1 and/or 2 for additional services. Complete lIems 3, 4a, and 4b. o Print your name and address on the reverse ofthis form so that we can return this card to you. o Attach this form to the front of the mailpiece, or on the back if space does nol permit. o Write "Return Receipt Requested- on the mailplece belowth~ article number. o The Return Receipt will show to whom the article was delivered and the da1e delivered. 3. Article Addressed to: AlLr ~.', ..'.,..',..,.', VA.,.,.,',. .;;J.. Ub1~~) 1}J ~~~i~~~~fST . Ll\\M~"'+on) Df' Iq~O{ 5. Received By: (Print Name) ~ :s o >- i4 , I ai u ~ .. III a ;; u 4a. ArtiCI3rgr g I q / ~'7- ~ 4b. Service Type 3 o Registered r ~rtilied ~ I. "I o Express Mail ............ ~ Insured ~ i .. o Return Receipt for Merchandise 0 COD : .e 7. Date of Deliv]ry <.;-/'1-06 8. Addressee's Address (Onty if requested end fee is paid) ~i >-i "" c, .. .c .. 102595-99-6-0223 Domestic Return Receipt . ,.HANDLER HENNING& ROSENBERG WAif S K/J,It{)UR. ~\ll~IO W ,con H[NNING OA'IIOHR05fNB1RG(PA,fl; (A~OlYN M ANtUR (fA. I<Y. ~NI MAflHfW5 CROSBY!?!. NI! GRfGORY M f[A1H(RiPA NI) SI(PHHIG HlLD 5AMUH HANOl[R (IW,!Di April 11, 2000 ALLIED VAN LINES, INC. ATTENTION: Legal Department 1209 Orange St. Wilmington, DE 19801 --~ II^RRISBlIRG Offill 319 Murkel Slreer IIUn'llllJrg, P^ 1/101 /1723B2000 11/1J3JOI9 (lux) IAN(ASIER OffiCE 140A fall KllIg Slreel 10n(Ollel. PA 11602 111431-4000 DIRECT MAil TO PO Box 1117 HOrTllburg. PA IIIOB www HHRlow,com Crosby@hhrlaw.com Re: James Robinson v. Allied Van Lines, Inc, & Kevin Garv Corbett Cumberland County Court of Common Pleas No. 00-2133 Civil Term Civil Action - Law; Jury Trial Demanded Dear Sir or Madam: In connection with the above-referenced action and as service upon you, enclosed please find a Writ of Summons, commencing an action against you, with regard to the 5/18/98 motor vehicle accident in which your vehicle, driven by your employee, Kevin Gary Corbett, was involved. We urge you to respond to this Writ at your earliest convenience. Thank you for your attention to this matter. Very truly yours, HANDLER, HENNING& ROSENBERG I PS Form 3800, April 1995 ~ a li?~ ~ffiI 'i Vl -I ~E 02" !!l. 31=fl'>~33~ ~ "'\J ~P: QO:D It g g 5\!~' ~g 0 o Pi m c;; CD '6' ~ ~ ~ ",,~ ~~ ~. po E>:,&" ~5 -< ~as~~'g III ~ ~ ~..5 _~ 0 MSC/vff/enclosure VIA CERTIFIED MAIL, RESTRICTED DEL/V. -RETURN RECEIPT REQUESTED! cc: Mr. James Robinson <I> "l"'ffi I ' .~ , , en " :~~s:a55 ~ . . ~-<D\J . ... . 0 ~ n 0 N 0, ~ .. .. -c(D(/l 0 ~ '.>i'" -.pr ~ LU .. . .. !'l-c ;;; <' . 0' fJ ::m b' .. ., ~ () 0 ~. 0> ~ 3.~""tg . .. (tl ~ (") 0> aJ:l CD b' -. .. .JJ o .... ~ -0 ~ -~ ~ s: -.lI) ~g-Q. tU 0. '" en' s: .. .. ~. OJ <\i in .. I" ~.~ -- . \ JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Writ of Summons against Defendant Kevin Gary Corbett onfv in this matter, pursuant to Pennsylvania Rule of Civil Procedure 401 (2). Defendant Corbett's current address is as follows: Kevin Gary Corbett 3241 Coral Lake Way Coral Springs, FL 33065 (Defendant Allied Van Lines, Inc. had been successfully served on April 14, 2000 and an Affidavit of Service had been filed with your office on April 19, 2000 with regard to Defendant Allied Van Lines, Inc.) & ROSENBERG BY: DATE: lit ~!W Matthew S. Crosby, Esq. 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Supreme Court ID No. 69367 Attorneys for Plaintiff ""," ", I. , -" - \.. TRUE COpy FROM RECORD In TllStimllny whereof, I hero unto set my hand r: ~ '~ ~.... Po , /k~ , ~ ~yf~ notary Commonwealth of Pennsylvania County of Cumberland JAMES ROBINSON AND GWEN MILLER, HIS WIFE VS. f.LLIED Vlili LINES, INC 1209 ORANGE ST. WIIMINGION, DE 19801 Court of Commoll Pleas KEVIN GARY CORBErT 5260 SW 6TH PLACE MARGATE, FL 33068 No. _____9_Q:~~_ll_~~~ib_J~~_________ III ______~J._'!:g_~'"t!9.!!_:_~~____mm__m__ To _~~J._~_y~_~_'!~!.lL~I}~LAm,t~~yi.lLGgy Corbett You are hereby llotified tha t James Robinson and Gwen Miller, his wife -------------------------------------------------------------------------------------------------- the Plaintiff h~e commenced an action in ____~iyiJ__~gj:i'_Q.Q._=___Lg.w_______________________________ against you which you are required to defend or a default judgment may be entered against you, (SEAL) ._________~~_~~_~~__t9P~______________________ Prothonotary Ilate _____~rJLl_]~__20Dll________ 19____ ~-[}"-~---- Ilep~tf..t: - " ~ -'.^," , ' , \.-'" -.,' 4 t.. ,. ,;" ,e- ~. " 1(::"; j~;0 ~~E-f~ -I;'.: " -?;,,';'.2.,..~ ';;-'./~\: :..~::,gnJ .1 ::~ 71 t I, -.- '", ."':"" " ..~ - "::-ii.:j" 'h': ,.c. "t1-~'::.~.:, rnW" Z::r;, zr;: ~~::.-: ~p. ~() >~ ~ ":0 'j:,,!::l' ;z: 0" IN:: , d' ""'~f'*I!mII!Il~"~.".~, ,~'" ~~ - "' l!l!!l!!Hl ~~-'''''''''~''fI-''~l" _"""''''''I.......''I'~'.;!l!I''Uf.1l!:l''~lrr'n?:nlllrnmJl!!1I'lI 70 :r: ''f? N ('P C) ~1 ,-j 0.::"n 'r-- :;~~\ _'c. ~-:~i ~.~) ;~ ~d ':.:o:2c") ain -,< ~ -< ~~ ,,/, .-,. JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Writ of Summons against Defendant Kevin Gary Corbett onlv in this matter, pursuant to Pennsylvania Rule of Civil Procedure 401 (2). DefendantCorbett's current address is as follows: Kevin Gary Corbett 2320 Herzog Rd. Alva, FL 33920-3835 (Defendant Allied Van Lines, Inc. had been successfully served on April 14, 2000 and an Affidavit of Service had been filed with your office on April 19, 2000 with regard to Defendant Allied Van Lines, Inc.) NNING & ROSENBERG BY: DATE: 'L/g/Z.W/ Matthew S. Crosby, Esq. 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Supreme Court 10 No. 69367 Attorneys for Plaintiff ~ -"..,............, ~J .-" ',>- ~ ,:t-::-' ,wjQ <~Q l.t_"_L ~t~] t":t CJ.. .9\:' 8 N' 0,:,',': ':d . 0., ;~": U en , p-~, U-. ~ g.!c 0;';;: """ .:'")'::::j :5~ :}j6] "')-, .-;::::;l...l- :'5 (,) o i"; r'- "-"_''!''1'"''''=''' .~,""'~I!~F,~l~~~M"II~lq!fITI'nlilnfnl< 1', r~~V' I"~'~"'-' '='"'"""":~"""""""''''''''~'~I~l''!f''"f!l1n~lllfm~rl''I!JII'II~~I!I'I''l''I~"'''''''''''''''~~''.."""-.,~_ """I*~ ., ~ .... JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE Attached hereto, made a part hereof, and marked, "Exhiqit A, II is the Affidavit of Service prepared and executed by Carmelo J. Muscari, Process Server #275 of the firm of Joseph Rich, c.P.S., 7410 South U.S. Highway One, Ste. 305, Port St. Lucie, FL 34952, indicating that service on the Defendant, Kevin Gary Corbett, could not be effected and that service by said Process Server has been discontinued. HANDLER, HENNING & ROSENBERG 2 BY: DATE: 'L:.l \':Jhooi Matthew S, Crosby, Esq. 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Supreme Court 10 No. 69367 Attorneys for Plaintiff ~ i -, " I I <t 1= I~ I I ~' --1"\1 'I .' '.. , . " ,> ~ .~ ~ I AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Commom Pleas Court Case Number: 00-2133 Plaintiff: JAMES ROBINSON and GWEN MILLER, his wife vs. Defendant ALLIED VAN LINES, INC. and KEVIN GARY CORBETT For: HANDLER HENNING & ROSENBERG P. O. Box 1177 Harrisburg PA 17108 Received by JOSEPH RICH C.P.S. on the 14th day of November, 2000 at 10:10 am to be served on KEVIN GARY CORBETT, 3241 CORAL LAKE WAY, CORAL SPRINGS, FLORIDA 33065. I, Carmelo J. Muscari, being duly sworn, depose and say that on the 30th day of Decem.ber, 2000 at 10:10 am, I: DISCONTINUED ATTEMPTING SERVICE. After due search, careful inquiry and diligent attempts I was unable to serve the WRIT OF SUMMONS for the reason that I failed to find KEVIN GARY CORBETT or information to allow further search. Comments pertaining to this Service: Attempted on 11-17-2000 @ 6: 1 0 pm - no answer. Attempted on 11-22-2000 @ 8:40 pm - no answer. Attempted on 11-28-2000 @ 7:50 am - no answer. Attempted on 12-01-2000 @ 9:40 am - no answer. Attempted on 12-07-2000 @ 3:20 pm - no answer. Attempted 12-16-2000 @ 8:00 am - no answer. Attempted 12-16-2000 @ 8:20 pm - no answer. Attempted on 12-27-2000 @ 8:40 pm - no answer. On each attempt there were never any lights on. Talked to leasing office who informed me that the apartment was registered to George Boll. Returned non-serve per client request. I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server in good standing in the judicial circuit in which the process was served. 1.,U~t.- ' Ca elo J. Muscari Process Server #275 - 17th Judicial Circuit Subscribed and Sworn to before me on the 7th day of February, 2001 by the affiant who is ersonally known to me. JOSEPH RICH C.P.S. 7410 South U.S. Highway One Suite 305 Port St. Lucie, FL 34952 (561) 340-0011 Our Job Serial Number: 2000006675 ,~1 " Sheryl Randy Swiderski . ;fiJt *My COmmission Cce50262 '\~ Expires May 26, 2001 Copyright@1992-1999 Database Services, Inc. - Process Server's Toolbox V5.3w ~ ,- " -. JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) 'COUNTY OF DAUPHIN I, MATTHEW S. CROSBY, hereby certify that I served the Writ of Summons in the above-captioned matter on Defendant, Kevin Corbett, by Certified first-class United States mail, Restricted Delivery, return receipt requested, and said document was received by said Defendant, Kevin Corbett, and/or his authorized agent on February 14,2001, as evidenced by the signed return receipt card, attached hereto and made a part hereof, along with the copy of the transmittal letter. Sworn to before me SEAL) and subscribed this:20 day of r:; bn..t6ry 2001. ( ~ 1:2 V- /~j)J I' -/ Notary Public' 7 -. I NOTARIAL SEAL I ,VERA F. FREED, Notary Public ,._M;~;:~i:~~~,!:~;;~a,u~~~ ~],. ,'-"jjl-~. -~~I- ,- ,~ , ,,~, " ,,' --~~.~-- '; - '.- ., . -- " . Compiete items 1, 2, and:!. AIso.i:omplete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pannUs. 1. Article Addressed to: MR. KEVIN CORBETT 3241 CORAL LAKE WAY CORAL SPRINGS. FL 33065 (Prize #/8) 2. ArtJcle Number (Copy from service label) 7 ' ' . " " PS Form 3811. July 1999 C. 81g ure~, tfJJJ, D. Is delivery add(eSS different from item 1? If YES, enter delivery addres& below: 3,- ~'1?e Type ~ Mall lJ Express Mall o R~istered 0 Return Receipt for Merchandise lJ'lnsured Mall lJ C.O.D. '4;'ROstncted DelivSlY1 (Extnl Fee) OSl'\ . 5t~gq Receipt "" . Domestic . .,~ ~,..,,,,,., as 102595-0i).M-0952 VUWVI. enning rr I osenberg ATTORNEYS AT LAW Leslic~ B. Handler, Retired W. Scott Henning David H Rosenberg (PA Fl) Carolyn M, Mner IPA, NY. RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather {PA, NJ} Stephen G. Held Sam uel Handler /1922-70) _~anuary 30, 2001 ImU~fjl@iI<!1 Hilrllstiw'!j, I'Mil IiJ iIM~2600 1,1JOO4Z%:m.f iIMjj:~/flIi4 W'JfMf~ tIffla l'/(jIH, 1&fJ!j we# ~,l'l'>lib@ il i--tjl-..woo ()j~ MAli. T()': 1'..r;;.,1U1% I Iii Hilrmwf!j, PI'> lillm 1II'/II'W,~.mm C~R"[~.mm Kevin Corbett 3241 Coral Lake Way Coral Springs, FL 33065 Re: Our Client Date of Incident James Robinson 5/18/98 Dear Mr. Corbett: This letter is to advise you and put you on notice that this office has been retained to represent the above-named for an accident in which you were involved arid for which you were cited by the Commonwealth of Pennsylvania for various infractions of the law. Therefore, enclosed please find a Writ of Summons issued by the Cumberland County, Pennsylvania, Court of Common Pleas, naming you as a Defendant and requiring a response from you to avoid a default judgment being entered against you. In that regard, please advise your insurance company, or your attorney, if you have such, of our representation of the above-named and that all correspondence and inquiries concerning this matter be directed to my attention at the above address and number. If you have any questions in the meantime concerning this, please do not hesitate to contact me. Thank you for your anticipated cooperation in this matter. .' Very truly yours, HANDLER, HENNING & ROSENBERG Matthew S. Crosby " Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required} Postmark Here ECEIPT REQUESTED Total Postage & Fees $ R9C~t.S Name (Please Print Clearly) (to be completed by mailer) S;;~i:A5~;;j'B~~R~,LIT",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .cToaiJ.,,,,,. .L'&\".LQIC;~nnW']n\Immm"'" \" ~ FL 3:so(/) #./ -.. JAMES ROBINSON and GWEN MILLER, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC. and KEVIN GARY CORBETT, : Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA ) 'COUNTY OF DAUPHIN I, MATTHEW S. CROSBY, hereby certify that I served the Writ of Summons in the above-captioned matter on Defendant, Kevin Corbett, by Certified first-class United States mail, Restricted Delivery,return receipt requested, and said document was received by said Defendant, Kevin Corbett, on February 22, 200 I, as evidenced by the signed return receipt card, attached hereto and made a part hereof, along with the copy of the transmittal letter. (SEAL) Sworn to before me '7"'- and subscribed thisJ<i day of t;hrvl21ij 2001. '~ ~ V-"7kcc! No ary Public / NOTARIAL SEAL VERA F, FREED, Notary Public City of Harrisburg. Dauphin Co.unty ~J-,-~_\>:~~~Tlif:~+.n f.!;".jrr:,s. /:~1(1,:_3~, 2f2.2.!.,~_. ,~~ ~I ~ . w ...1 -... . Com;;f~t~J~;;;si; :i;and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiece. or on the front if space permits. 1. Article Addressed to: I<E\J[N C6R13 ETT Z3Z0tterzci Rd. ALVA) FL 33~d-o-3~35 A. Rec~ived bJl.Pl~e PrinJ Clearly) "'evlltJ (-. ~rf;,e't1 c. Signatur: fJ n .oLD Agent ~ Addressee D. Is delivery address different from item 11 Yes If YES, enter delivery addreSs be/ow: ~o -i)}' j 3.~1~ Type ~ifled Mail D Express Mail o Registered 0 Return Receipt for Merchandise q)~!'"f'ed Mail D C.O.D. 4. Restr;bl,ed Delivery? (Extra Fee) os 2., AJjlcleNum~ (Copy from ~O ~J~7() OO? . ,()$Cf / O/QS:7, ," p$ Form 111 hulY 1'999', ." " Dcimilstic!Rlitum Flei:lIipf i pl~ 10259~"()952 an~lIvr . tlnning'rr I osvnberg ATTORNEYS AT LAW /" ( . HARRIS8URG OFFICE 1300 Unglestown Road Harrisburg', PA 17110 717.238-2000 1.800,422.2224 717.233-3029 (faxl le5lie B. Handler, Retired W. Scott Henning David H Rosenberg fPA. FlJ Carolyn M. Anner fPA. NY, RN) Matthew S. Crosby IPA. NJ) Grl!gory M. Feather (PA. NJI Stephen G. Held Samuel Handler 11922-70) LANCASTER OFFICE 140A E King Street Lancaster, PA 17602 717.431-4000 February 13, 2001 DIREG MAIL TO: P.O. Box 1177 Harrisburg, PA 17108 www.HHRLaw.com Crosby@HHRLaw.com Kevin Gary Corbett 2320 Herzog Rd. Alva, FL 33920-3835 Re: James Robinson v. Allied Van Lines. Inc. & Kevin Gary Corbett Cumberland County Court of Common Pleas No. 00-2133 Civil Term Civil Action - Law; Jury Trial Demanded \ Dear Mr. Corbett: In connection with the above-referenced action and as service upon you, enclosed please find a Writ of Summons, commencing an action against you, with regard to the 5/18/98 motor vehicle accident in which you were involved. We urge you to provide this Writ to either your Insurance company or your counsel at your earliest convenience. Thank you for your attention to this matter. Very truly yours, HANDLER, HENNING& ROSENBERG By: Matthew S. Crosby MSC/vff/enclosure VIA CERTIFIED MAIL-RESTRICTED DELIVE RETURNRECBPTREQUESTED U.S. Postal Service I CERTIFIED MAIL RECE!PT (Domestic Ma~f Only; No rnsurance Coverage pmiided) .'. :: ~l cc: Mr. James Robinson ~l 04 0- m CI Postage I $ Certified Fee Return Receipt Fee CI (Endorsement ReQuired) CI q Restricted Delivery Fee CJ (Endorsement Required) Postmark Here CJ Total Postage & Fees $ r-- ~ _~:1t~_V.~:0:~:~~~~R~l~iT~~~~~~~.~:'~~::~~)________________..-- ~ ':;~~t~'!f~J3f~~n='3'~3s=n.nnn . .. .,' .. ,.,. " 1,"",f'\j'~'*'"""1 ~-~ JAMES ROBINSON, and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 - Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN CORBETT, Defendants JURY TRIAL DEMANDED RULE AND NOW, this).IJ~daYOf 11"~uST. 2001, upon consideration of the foregoing , i:*'h. PEr) ieb. Petition for Leave to Withdraw Appearance, tl.", Cvu.l o.l.uul~ n. 1....18 1a ohu...., r>~nl;;!p 11Th)' the ap, @_................ ....[II~.ldt...., IIvUU~1l5 a fi.......Lnb !r~ o......J "ft.,{tlHha.UT <;;! rrn~hr, P"q _ nn hehalf ofPt~lntitfs, T~mA&:' D....t-illBiR and ilL n:&., GVV\JU rvI~ll,-,!, ~tvuld Hut b"" alluwliJd lU bt; wnnarawn. DTTJ,.E H>I!ll'ERIbliBLE <)" _ ~UUI, at C:l,l11.,'p..lU. .....' ~13abin counroom l~O. _ L-UIu{h:ala.lld 't:v~.u_.ll) Gir1.-f.h"uIH,\ ORU ~BUNhO,"nH,.' S'iUClH,.., CtuI:uI~PA ~175h Ml fJluvc;c;dulgS to stay meauwhllliJ. L i1~ (1~,6\ \1R ~O~.?- .!I;~-~I- JAMES ROBINSON, and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 - Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN CORBETT, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this _day of . 2001, upon consideration of the foregoing Petition of Plaintiff's Counsel For Leave To Withdraw, it is hereby ORDERED and DECREED that said petition is GRANTED and that Petitioner, Matthew S. Crosby, Esq., and Handler, Henning & Rosenberg be permitted to withdraw their appearance of record for the Plaintiffs in the above matter. BY THE COURT: J. ~''''""'''~-~'l or I I'" ? ~,",-" EMH/motions/withdrawallrobinson. wpd JAMES ROBINSON, and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133 - Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN CORBETT, Defendants JURY TRIAL DEMANDED PETITION OF PLAINTIFFS' COUNSEL FOR LEAVE TO WITHDRAW AND NOW, comes HANDLER, HENNING & ROSENBERG and Matthew S. Crosby, Esq., and respectfully represent as follows: 1, This action arose from personal injuries that Plaintiff, James Robinson, sustained as a result of a motor vehicle collision on May 18, 1998. 2. On or about May 18, 1998, at approximately 9:40 p.m., Plaintiff, James Robinson, was traveling in the northbound lane of SR 15 in Upper Allen Township, Cumberland County, Pennsylvania. Defendant, Kevin Corbett, was traveling in the northbound lane of that same roadway. At approximately that same time and place, Defendant, Kevin Corbett, crossed over the center line entered Plaintiff's lane of travel, and violently struck the driver's side of Plaintiff's vehicle. 3. As a direct and proximate result of the negligence of Defendant, Kevin Corbett, Plaintiff, James Robinson, sustained primarily soft tissue injuries to his neck and low back, 4. On or about October 14, 1998, Petitioner, Matthew S. Crosby, Esquire, was retained by Plaintiff, James Robinson, to represent him in the matter. A copy of the Contingent Fee Agreement is attached hereto, made a part hereof, and marked as Exhibit "A." ''''Il< -~ - ,1 .". - "~ =1" 5. On or about March 28,2000, Petitioner met with Plaintiff, James Robinson, to discuss counsel's evaluation of his claim so as to avoid any problems in the future regarding Plaintiffs expectations. Based upon this meeting a "settlement value" was agreed upon and Plaintiff gave counsel his authority to proceed with negotiations. 5. On or about April 7, 2000, Petitioner, Matthew S. Crosby, Esq., filed a Writ of Summons on behalf of Plaintiffs, James Robinson and Gwen Miller, against Defendants, Allied Van Lines and Kevin Corbett. A copy of the Writ of Summons was subsequently served upon both Defendants. A copy of said Writ of Summons is attached hereto, made a part hereof, and marked as Exhibit "B." 6. On or about June 20, 2000, a "final" settlement offer was extended to Plaintiff through his counsel, Petitioner, Matthew S. Crosby, Esq. Since that date, counsel and Plaintiffs have disagreed on the evaluation of the case. 7. As recently as May 8, 2001, Petitioner, Matthew S. Crosby, Esq., again met with Plaintiff, James Robinson. At this time, Petitioner and Plaintiff agreed to disagree on the settlement evaluation of Plaintiffs' claim. 8. Petitioner, Matthew S. Crosby, sent a letter, dated May 8, 2001 to Plaintiff, James Robinson, regarding the May 8, 2001 meeting. Petitioner encouraged Plaintiffs to seek a second opinion and try to obtain alternative counsel in this matter. Petitioner stated he would cooperate in every way with Plaintiffs' new attorney, should they hire one. 9. Petitioner's continued representation of Plaintiffs has been rendered unreasonably difficult by virtue of Plaintiffs' unwillingness to settle this matter within the previously agreed parameters. Petitioner strongly feels that Plaintiffs' position is imprudent, given the facts of the 2 '-;", -r' 1',\ case. Therefore, good cause exists under Rule 1. l6(b )(3) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. 10. In addition, Plaintiff misrepresented his willingness to settle the Plaintiffs' case with Petitioner during their March 28, 2000, meeting. WHEREFORE, Petitioner, Matthew S. Crosby, Esq., requests that this Honorable Court grant his Petition for Leave to Withdraw the appearance of Handler, Henning & Rosenberg and Matthew S. Crosby, Esq., for Plaintiffs, James Robinson and his wife, Gwen Miller, in this action. Date:~J Respectfully ~$m'tted' // HA~~ RaSENJ,lERG By! Matthew S. Crosby, Esq. Attorney I.D. # 69367 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, P A 17108-1177 (717) 238-2000 Petitioner/Attorneys for Plaintiffs 3 '.",.,..~~ , i-I -, ~ - \Xl :::; :to ~' . \ 1""---; .1" a x.- c CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, JAMES ROBINSON, do hereby retain HANDLER AND WIENER, of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute for me in my name, any legal proceedings or actions that, in their judgment are necessary, against Allied Van Lines, or against anyone else as a result of injuries or damages sustained by me in an incident that occurred on 5/18/98. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. NOW, THEREFORE, in consideration of the services so to be rendered by Handler & Wiener, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33113%) of whatever sum is recovered as a result of settlement without suit; or FORTY PERCENT (40%) in the event of arbitration, mediation or if suit is filed. I will reimburse Handler & Wiener for any necessary expenses and costs advanced on my behalf in pursuing my claim. Counsel reserves the right to withdraw if, after complete investigation, they determine that there is nomerit to the claim. I ACKNOWLEDGE that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this Xday oC -€,-- ,1998. ~ ~SEAL) MES ROBINSON EXHIBIT A .'!1~~ ,_ ~~ , , .....- -''''''F '"I TRUE COpy FROM RECORD ..., '/"" 'I.:,/-t:.~... -,"' , .,' _ ... _ \ . k . i~i .J",'~~II\;H~f ~",'i::..J(~~" ! n\3{t~ Hru:] Sit ow' hand -""""^"-' -"M'IC' ' ... . """.. "'" ~"l11' ", :>-~;;,. .,C,; 'at ,;"rilsJi< "'" L~ j r&l. . GilY 0 . Commonwealth of PelUlsylvania County of Cumberland JAMES ROBINSON AND GWEN MILLER, HIS WIFE vs. ALLIED VAN LINES, INC 1209 ORANGE ST. WILMINGTON, DE 19801 Coun of ConunoIl Pleas KEVIN GARY CORBETI' 5260 SW 6TH PLACE MARGATE, FL 33068 No. _____P_Q:?~_~~_~}_~~l_r_~~_____.____ In ______t;:J._~g_!<.~i:~9_n._:_g~ ____ ____h_______ To A~~}._,,:~_ y"a,,~ _~J._~~~LJ;,l}g~__'!l},U~.~Yj.A_Gg..D' Corbett You are hereby notified tha t James Robinson and Gwen Miller, his wife ------------------------------------------------- ------------------------------------------------ the Plaintiff hiTe commenced an action in ____~j..Y..tt]~<;.tj;.QI}_.:___Lg~n______n__n____n___________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) ,_________~~~~_~~_~~__~DOl______________________ Prothonotary Date _____.ApriLl~_.200'O'__h____ 19_00_ ~-[}"_~h__ Dep~~,,( EXHIBIT B """'I'l'la1!1 ~I - -,"'" - CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following: James Robinson and Gwen Miller, his wife 7 Conway Drive Mechanicsburg, PA 17055, Plaintiffs, ALLIED V AN LINES, INC. Casualty Claims Dept., Attn: Linda L. Ervin 215 W. Diehl Rd. Naperville, IL 60531, Defendant Kevin Gary Corbett 2320 Herzog Rd. Alva, FL 33920-3835, Defendant by United States Mail, regular service, in Harrisburg, Pennsylvania on August 14, 2001. DATE: ~( (~\6\ \ 1 By Matthew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs I~ ! -I ~'1'- -r'l ,~ . ,. JAMES ROBINSON, and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. 00 2133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN GARY CORBETT, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights irnportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 ING & ROSENBERG By Ma w S, Crosby, Esq, 1.0. #69367 1300 Linglestown Rd. P.O, Box 1177 Harrisburg, PA 17108 (717) 238-2000 DATE:~ Attorneys for Plaintiffs I I :'",. ~'~'I ' l' ,-~ ~~ j ci\com plaints \rob ins on, wpd JAMES ROBINSON, and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 2133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN GARY CORBETT, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, James Robinson and Gwen Miller. by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S, Crosby, Esq., and make the within Complaint against the Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, as follows: I. Plaintiff, James Robinson, is an adult individual currently residing at 7 Conway Drive, Mechanicsburg, Cumberland County, PA 17055. 2. Plaintiff, Gwen Miller, is an adult individual currently residing at 7 Conway Drive, Mechanicsburg, Cumberland County, P A, 17055, 3, At all times material hereto, Plaintiff, Gwen Miller, has been married to Plaintiff, James Robinson, 4, Defendant, Kevin Gary Corbett, is an adult individual currently residing at 3421 Coral Lake Way, Coral Springs, Florida. : '11~ "" I T1 .~ 5. Defendant, Allied Van Lines, Inc" is a corporation with its principal place of business at 1209 Orange Street, Wilmington, DE 19801. Defendant, Allied Van Lanes, Inc., regularly conducts business in the Commonwealth of Pennsylvania, 6. At all times material hereto, Plaintiff, James Robinson, was the owner and operator of a 1998 Plymouth, bearing Pennsylvania Registration Plate Number BMW-6758 7, At all times material hereto, Defendant, Kevin Gary Corbett, was the operator of a 1991 Kenworth tractor trailer, bearing the Illinois Registration Plate Number P141460, owned by his employer, Defendant, Allied Van Lines, Inc. 8. At all times material hereto, Defendant, Kevin Gary Corbett, was an agent, servant, and/or employee of Defendant, Allied Van Lines, Inc" and was acting within the scope of said employment. 9, On or about May 18, 1998, at approximately 9:40 p.m" Plaintiff, James Robinson, was traveling in the right northbound lane ofSR 15 in Upper Allen Township, Cumberland County, Pennsylvania. 10. On or about May 18, 1998, at approximately 9:40 p,m" Defendant, Kevin Gary Corbett, was traveling in the left northbound lane of SR 15 in Upper Allen Township, Cumberland County, Pennsylvania. 11, At approximately that same time and place, Defendant, Kevin Gary Corbett, suddenly and without warning, crossed over the line dividing northbound lanes, entered Plaintiff's lane of travel, and violently struck Plaintiff s vehicle. 2 7" ~'~ _~ ,', - -, 12. Thereafter, Defendant Corbett failed to stop at the scene of the collision and neglected his duties to give information and render aid, in violation of75 Pa,CS,A, 1)1)3742 & 3744, 13, At the time of this collision, Plaintiff, James Robinson, was insured under a motor vehicle policy through State Farm Mutual Automobile Insurance Company Said policy provided for, and entitled Plaintiff to, full tort rights and was in force on the date of the collision. 14. As a direct and proximate result of the negligence of Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, Plaintiff, James Robinson, sustained serious and extensive injuries as set forth more specifically below, COUNT I - NEGLIGENCE JAMES ROBINSON v. KEVIN CORBETT 15. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs I through 14 of this Complaint as if set forth at length. 16. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, James Robinson, were caused directly and proximately by the negligence of Defendant, Kevin Gary Corbett, generally, and more specifically as set forth below: (a) In making an unsafe lane change; (b) In failing to stay in the left lane until it was clear to proceed into the right lane; in violation of75 PaCS.A. 93303; (c) 1n driving a tractor trailer without a commercial driver's license, in violation of75 PaC.SA 9 1606. (d) In operating a motor vehicle inattentively; 3 1,,...-- '~I - (e) In failing to keep a reasonable lookout for vehicles lawfully proceeding on the roadway; (f) In failing to be reasonably vigilant to observe Plaintiffs vehicle; (g) In failing to properly and adequately observe the traffic conditions then and there existing; (h) In failing to signal his intention to switch lanes of travel; (i) In failing to operate said vehicle in such a manner that would allow him to apply the brakes and stop before striking Plaintiffs' vehicle; G) In failing to operate said vehicle under proper and adequate control in order that he could avoid striking Plaintiffs' vehicle; (k) In failing to operate his vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of75 Pa,C.S.A. S 3361; and (I) In failing to operate his vehicle within the appropriately marked lane of travel. 17, As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, the Plaintiff, James Robinson, sustained severe injuries, including, but not limited to, injuries to his head, neck, back and scapula. These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety. 18, As a direct and proximate result ofthe negligence of Defendant, Kevin Gary Corbett, the Plaintiff, James Robinson, has been and will in the future, be hindered from performing the 4 , , ,- -, ~.~ duties required by his usual occupation and attending to his daily duties and chores, to his great loss, humiliation and embarrassment 19, As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, the Plaintiff, James Robinson, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity, 21. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss, 22. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment 23. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss, 5 r" .~ 24. Plaintiff James Robinson believes and therefore, avers that his in]' uries are serious , , , and permanent in nature, WHEREFORE, Plaintiff, James Robinson, seeks damages from Defendant, Kevin Gary Corbett, in an amount in excess of twenty-five thousand dollars ($25,000,00), and demands a trial by jury. COUNT II - VICARIOUS LIABILITY JAMES ROBINSON v. ALLIED VAN LINES. INC. 25. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs 1 through 24 of this Complaint as if set forth at length, 26. At all times material to this action, Defendant, Kevin Gary Corbett, was an agent, servant, and/or employee of Defendant, Allied Van Lines, Inc. 27. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, James Robinson, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Kevin Gary Corbett. 28. The aforementioned negligent, careless, and/orreckless conduct of Defendant, Kevin Gary Corbett, occurred while acting in and upon the business of Defendant, Allied Van Lines, tnc, and within the course and scope of his employment with said Defendant. 29, Defendant, Allied Van Lines, Inc" is vicariously liable for the extensive personal injuries suffered by Plaintiff, James Robinson, which include, but are not limited to, injuries to his head, neck, back and scapula, These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety 6 i \'~~ ~'","""" _or, ~,=. 30, As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss, 31. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 32, As a result of said Defendant's negligence, Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 33, As a result of said Defendant's negligence, Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 34. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss, 35, Plaintiff, James Robinson, believes and, therefore. avers that his injuries are serious and permanent in nature, 7 I, If , WHEREFORE, Plaintiff, James Robinson, seeks damages from Defendant, Allied Van Lines, Inc., in an amount in excess of twenty-five thousand dollars ($25,000.00), and demands a trial by jury. COUNT III - GROSS NEGLIGENCE / OUTRAGEOUS CONDUCT JAMES ROBINSON v. KEVIN GARY CORBETT 36. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs 1 through 35 of this Complaint as if set forth at length, 37. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, James Robinson, were caused directly and proximately by the gross negligence and/or outrageous conduct of Defendant, Kevin Gary Corbett, generally, and more specifically as set forth below: (a) In willfully, wantonly, and with careless disregard for the consequences and the health and safety of Plaintiff, James Robinson, fleeing the scene of the collision that caused property damage and personal injury when he was aware that Plaintiff was in the vehicle at the time of the collision; (b) In willfully, wantonly, and with careless disregard for the consequences and the health and safety of Plaintiff, James Robinson, failing to stop at the scene of the collision or as close thereto as possible when he was aware that the collision resulted in injury to Plaintiff, James Robinson, in violation of 75 Pa.CSA 93742; 8 ~~~~I . (c) In fleeing the scene ofthe collision without fulfilling the requirements of75 Pa,CS,A 93744 (relating to duty to give information and render aid), in violation of75 Pa.CSA 93742; and (d) In driving a motor vehicle with a wanton disregard for the safety of persons or property, in violation of 75 Pa.CS,A. 93736; and (e) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, James Robinson. 38. Defendant's actions in operating his motor vehicle under the aforementioned conditions amount to gross negligence, which Defendant knew, or should have known, constituted reckless and wanton disregard for the safety of others. 39. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff sustained severe injuries including, but not limited to, injuries to his head, neck, back and scapula. These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety, 40. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been, and will in the future, be hindered from performing the duties required by his usual occupation and attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 41. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered great physical pain, 9 1,,-,-., '=""1 t T o. _ ~ ~. discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 42, As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 43, As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been compelled, in order to effect a;,cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss, 44, As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 45, As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered a loss oflife's pleasures, and will continue to endure the same in the future, to his great detriment and loss, WHEREFORE, Plaintiff, James Robinson, seeks damages, including punitive damages, from the Defendant, Kevin Gary Corbett, in an amount in excess of twenty-five thousand dollars ($25,00000), 10 I I , I I, 1 , .-1 COUNTIV-GROSSNEGLIGENCE/OUTRAGEOUSCONDUCT JAMES ROBINSON v. ALLIED VAN LINES. INC. 46, Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs I through 45 of this Complaint as if set forth at length. 47, At all times material to this action, Defendant, Kevin Gary Corbett, was an agent, servant, and/or employee of Defendant, Allied Van Lines, Inc. 48. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, James Robinson, are the direct and proximate result of the gross negligence and/or outrageous conduct of Defendant, Kevin Gary Corbett. 49. The aforementioned gross negligence and/or outrageous conduct of Defendant, Kevin Gary Corbett, occurred while acting in and upon the business of Defendant, Allied Van Lines, Inc" and within the course and scope of his employment with said Defendant. 50, The Defendant, Allied Van Lines, Inc" is vicariously liable forthe grossly negligent acts and outrageous conduct of its employee, Kevin Gary Corbett, Kevin Gary Corbett acted in a grossly negligent and outrageous manner as set forth below: (a) In willfully, wantonly, and with careless disregard forthe consequences and the health and safety of Plaintiff, James Robinson, fleeing the scene of the collision that caused property damage and personal injury when he was aware that Plaintiff was in the vehicle at the time of the collision; (b) In willfully, wantonly, and with careless disregard for the consequences and the health and safety of Plaintiff, James Robinson, failing to stop at the scene II '. I I I 1;0-,_ of the collision or as close thereto as possible when he was aware that the collision resulted in injury to Plaintiff, James Robinson, in violation of 75 Pa.CSA 93742; (c) In fleeing the scene of the collision without fulfilling the requirements of75 Pa,CS,A. 93744 (relating to duty to give infonnation and render aid), in violation of75 Pa,CSA 93742; and (d) In driving a motor vehicle with a wanton disregard for the safety of persons or property, in violation of 75 Pa.CSA 93736; and (e) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, James Robinson, 51. Kevin Gary Corbett's actions In operating his motor vehicle under the aforementioned conditions amount to gross negligence, which Defendant knew, or should have known, constituted reckless and wanton disregard for the safety of others, and Defendant, Allied Van Lines, lnc" is vicariously liable for damages relating thereto, 12 .-1 ~ "->~" 52. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, James Robinson, are the direct and proximate result ofthe independent gross negligence and/or outrageous conduct of Defendant, Allied Van Lines, Inc" as set forth below: . In permitting its employee, Kevin Gary Corbett, to operate a tractor trailer without a commercial driver's license, in violation of 75 Pa.C,S.A. ~ 1606, when it knew, or should have known, that Defendant Corbett did not have a valid commercial driver's license, 53. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, lnc" Plaintiff sustained severe injuries including, but not limited to, injuries to his head, neck, back and scapula, These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety, 54. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., Plaintiff, James Robinson, has been, and will in the future, be hindered from performing the duties required by his usual occupation and attending to his daily duties and chores, to his great loss, humiliation and embarrassment 55, As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc" the Plaintiff, James Robinson, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss, 13 ;."." ",- 56. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc" the Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 57. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., the Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 58, As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc" the Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 59, As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., the Plaintiff, James Robinson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss, WHEREFORE, Plaintiff, James Robinson, seeks damages, including punitive damages, from the Defendant, Allied Van Lines, lnc" in an amount in excess of twenty-five thousand dollars ($25,000.00). 14 .-j-- o. COUNT V - LOSS OF CONSORTIUM GWEN MILLER v. KEVIN GARY CORBETT and ALLIED VAN LINES, INC. 60, Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs I through 59 of this Complaint as if set forth at length. 61. As a result of the negligence of Defend ants, the Plaintiff, Gwen Miller, has suffered a loss of consortium, society, and comfort from her husband, James Robinson, and she will continue to suffer a similar loss in the future, 62, As a result of the negligence of Defendants, the Plaintiff, Gwen Miller, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Gwen Miller, seeks damages from Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, in an amount in excess of twenty -five thousand dollars ($25,000.00) and demands a trial by jury. Respectfully submitted, HANDLER, HENNING & ROSENBERG By: DATE: Matthew S, Crosby, Esq. ID, No, 69367 1300 Linglestown Road PO, Box 1177 Harrisburg, P A 17110-1177 (717) 238-2000 Attorneys for Plaintiff 15 I-F"" 'T~~ , ,- . -~" VERI FICA TION PURSUANT TO Pa. R.c.P. No. l024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. MATTHEW S. CROSBY, ESQ. DATE: ~ i -~" , "~ .' . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, by sending a copy of the same to their counsel of record, Timothy J. Abeel, Esq., and Deborah M. Bailey, Esq., both at RAWLE & HENDERSON, LLP, The Widener Building,One South Penn Square, Philadelphia, PA 19107, by United States Mail, regular service, in Harrisburg, Pennsylvania on September 12,2001. ING & ROSENBERG DATE: 4'\11\0\ atthew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs i-I . c JAMES ROBINSON, and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 2133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN GARY CORBETT, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the the Plaintiffs' Interrogatories Directed to Defendant, Kevin Gary Corbett; the Plaintiffs' Interrogatories Directed to Defendant, Allied Van ,Lines, Inc.; the Plaintiffs' Request for Production of Documents Propounded Upon the , Defendant, Kevin Gary Corbett; and the Plaintiffs' Request for Production of Documents Propounded Upon the Defendant, Allied Van Lines, Inc. were served on the Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, by sending a copy of the same to their counsel of record, Timothy J. Abeel, Esq., and Deborah M. Bailey, Esq., both at RAWLE & HENDERSON, LLP, The Widener Building,One South Penn Square, Philadelphia, PA 19107, by United States Mail, regular service, in Harrisburg, Pennsylvania on September 12,2001. ENNING & ROSENBERG DATE:~ 12./ 6/ B Matthew S. Crosby, Esq. Attorney 1.0. #69367 P,O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs I. ..' .ll RA WLE & HENDERSON LLP By: Timothy J. Abeel The Widener Building One South Peun Square Philadelphia, PA 19107 (215) 575-4200 Attorney for Defendant, Allied Van Lines, Inc. JAMES ROBINSON and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 002133-Civil v. ALLffiD VAN LINES, INC., and KEVIN GARY CORBETT, Defendants NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.C. ~1446(d) TO THE CLERK OF THE COURT: Pursuant to 28 U.S.C. ~ 1446(d), defendant, Allied Van Lines, Inc., files herewith a copy of the Notice of Removal which was filed with the United States District Court for the District of Pennsylvania on October 5,2001. RA WLE & HENDERSON LLP 4-- othy J. Abeel MichaelI>urnont The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorney for Defendant, Allied Van Lines, Inc. Dated: October 19, 2001 0570558.01 -," "- ~" ~.: ... CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing Defendant's Notice of Removal by first -class mail, postage prepaid, upon all attorneys of record, addressed as follows: Matthew S. Crosby, Esquire 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, P A 17108 RA WLE & HENDERSON llP DATED: October 19, 2001 0570558.01 ',-'F.~, . _~I , - ',fRe'"f 3/99) , , ',' .A:'civil cover sheet and the jnfonnation contained berein neither,,fepYace nor slpplement the filing and service of pleadings or other papers as reguirc ....dy. except as provided by local rules of qO~I/-' ,This fo~ approved by the Judicial Conference of the United States in September 1974, is !e~uired for [{, .'e'~t\he ClerK 01 Court for the purpose of InitiatIng the CIVIl docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FOfu"!.) , I. (a) PLAINTIFFS DEFENDANTS CIVIL COVER SHEET James Robi~son and Gwen Miller Allied Van Lines, Irtc. a~d Kevin Ga Corbett (b) CountyofRcsidenc:e o(First Usted Plafntiff Cumber land (EXCEPT [N U.S, PlAINTIFF CASES) o 1 U,S. Government Plaintiff o 3 Federal Question (U.S. Government Not a Part)') €i. 4 Diversity (Indicate Citizenship of Parties in nemUl) County of ~sidence of First Listed (IN U.S. PlAlNTIFF CASES ONLY) rN LA...'ID CONDEMNA nON CASES. USE THE LOCA TtON OF THE ND ~ E ' - m~ Of KnOMl . Timothy J. Abeel, Esqu~re The Widener Building One South Penn Square Philadelphia, PA 19107 ill. CiTIZENSHIP OF PRINCIPAL PARTIES(?lma. 'X" in One Sox fo,P"'.," (For Diversity Cases Only) and One Bo:o; fo. Defend.1nt) DEf' nEr Citizen or This State XJ 0 1 Incorporated or Principal Place 0 4' 0 4 of Business In This StJte Citizen of Another State 0 2 0 1 Incorporated end Pril'\cipa! Place 0 5 ~ 5 -of Business In Another Stale (c) Attorney's (Firm Name. Address, and Tetct00ne Nu~ber) Matthew s. Crosby, Esqu~re 1300 Linglestown Road P.O. Box 1177 Harrisbur PA 17108 II. BASISOF JURISDICTION (plm""X"inOn,B~,Only) o 2 U.S. Oovemme:nt Defendant IV. NATURE OF SUIT (Place an "X" in One Box Onlv) CONTRACT TORTS FORFEITUREJPENAL TY BANKRUPTCY OTHER STATUTES 0 llO Insur.r.nc~ PERSONAL INJURY PERSO:'iAL INJURY 0 610 Agriculture 0 422 Appe3123 use l5g a 400 State R.eapportio~n.t 0 t20Marine. 0 :310 Airpl3.rte 0 362- P~rsonal lnjury- 0 620 Other Food & Drug o 410A.nntrUst 0 130~{iIlt.rAct 0 315 Ai%pbne Product Med.Malpractice 0 625 Drug Relatl:d Seizure 0 423 Withdnwal o 430 .Bank$: and Banking 0 HO Negotiable Ins'ln1ment Liabilily 0 :3"65 Persol1311qjtuy- ofPrope~ 21 use 28 use 157 [J 4S0 ComrnercelICC RaU:~etc. 0 1 SO Recovery ot Overpayment 0 320 Assault, Libel & Product Li:tbility 0 630 Liquor Laws PROPERTY RlGHTS o 460 Deportation & ,Enforcement of Slander 0 J68 Asbestos Personal 0 640 RR. &. TnlCk o 470 Rac~teer Influenced and 0 1ll'!&vl'lllc>ceACt 0 JJO Federal Employcf'$' Injury Product 0 650 Airline Regs., 0 820 Copyrights Corrupt Orgamzations 0 152 Recovery ofDe(au!ted Liability tiabiUty 0 66'0 Occupationat 0 SJOP;Uent a .& to Setecttve SeMcc Studentt..o:LtIS 0 340 Manne PERSONAL PROPERTY SafetyfHealili 0 S40Traderrark o S5e See\lrltiesfCommoditiesf {Ex.c.!.Vete~ns} 0 345 Marine Product o .310 Other Fraud 0 690 biher El'changC" 0 t53 Rec:ovC'l)'of.OvClpayment liability o 371 Tl11th in Lending 0 87; Custo~r Challenge of Veteran's Benefits ~ 350 Motor Vehicle o 380 Other Personal LABOR SOCIAL SECURlTY 12 USC 3410 0 llSO Stoc:khoIder.;' Suits 0 355 Motor Vehicle Property Damage 0 710 rair Labor Standards 0 361 HlA(B95fl) 0 891 AgricuJruraJActs OJ 190 Other Cont:r.Jct Product Liability 0 3SS Property Dan:u&~ o 89;i Economic Seabllizauon Ac 0 195 Contract Pro~uct Liability 0 :360 Other Pmonal Injury Product Lia.bility ^" 0 862 BhlCk lung (92:3) o 89.3 Environmental Matters 0 720 Lal:lorlMgmt. Relations 0 863 DlWClDIWW (405(g)) o 89~ .Energy AUocadotl Act 'REAL PROPERIT CIVIL RIGHTS PRISONER PETITIONS 0 864 Ssm Title XVI o 89S Fn::edom of 0 730 L.aborl:vfgmt.Reporting 0 '.S RS' (40S(g)) Infonmtion Act 3 210 L:1nd Condemnation 0 441 Voting 0 510 MOtiOrlS to Vacate & Disclosure Act. o 900 Ap~al of Fe J 220 Forecfosure 0 442 Employment Sentence 0 740 Ri3.iiway Labor Act FEDERAL TAX SUITS DetC'(JBtlatE~ual Access 10 } 2]0 Rent Lease &. Ejecl:l'tlent 0 443 HQUSUl.gf Ebbe:lS Corpus: o 870 Ta:O::e5 (U,S. Plaintiff Justice J 240 Torts to Land Accommodations 0 5JOGenenl 0 790 Other Labor litigation o~ Defendant) 0 950 Consntutfomdity of 1 245 Tort ProdtJc~ Liability 0 44.JWelfare 0 .5)5 Death Penalty SuteStatuUs 290 All Other R~i:r.l Property 0 440 Olh<< Civil Rights 0 S4C ~bndam.us &. Olher 0 791 Empt Ret Inc. a S1l IRS- Third Party 0 890 Other Sutulory Actions 0 550 Civil Rights Secur1tyAct 26 use 1-609 0 555 Prison Condition Citizen or Subject ofa 03- 03 ForcignNaticn orei CDuntrv 06 06 .ORIGIN (PLACE AN "X" IN ONE BOX ONLY) Transferred from another district (specify) o 6 Multidistrict Litigation o 7 Appeal to Distri Judge from Magistrate Judgment G 2 Removed from 0 '3 Remanded from 0 4 Reinstated or 0 5 State Court Appellate Court Reopened r . CAUSE OF ACTION {Cite the U.S. Civil SUtut.e under which you. are films and write brief st:ltement of c:auso:, DQ nol cite jurisdictional 5Utute$ unless dive~ity.} Origina1 Proceeding 28 D.S.C. S1332, 28 D.S.C. S1446(d) L REQUESTED IN COMPLAINT: II. RELATED CASE(S) IF ANY o CHECK IF THIS is A CLASS ACTIO~ UNDER F,R.C.P, 2) (S<=;~ instructions): DEMANDS CHECK YES only i.f demanded 1n comp(aint JURY DEMAI'iD: M. Yes 0 No JUDO E DOCKET NUMBER E 10/1/01 . OFFICE USE O.'iL Y :EIPT # A....tOUN APPLY(NG IFP JUDGE MAG.lUOOE . ' RA WLE & HENDERSON LLP By: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorney for Defendant, Allied Van Lines, Inc. JAMES ROBINSON and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 4: NO. 002133-Civil FILED SCRANTON OCT ~ 5 2001 v. ALLIED VAN LINES, INC., and KEVIN GARY CORBETT, Defendants NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.C. g1446(d) Pc-~ R LJ~PUTY CLEA!( ~ TO THE CLERK. OF THE COURT: Pursuant to 28 U.S.C. 9 l446(d), defendant, Allied Van Lines, Inc., files herewith a copy of the Notice of Removal which was filed with the United States District Court for the District of Pennsylvania on October 1,2001. y: imothy . Abeel The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorney for Defendant, Allied Van Lines, Inc. 0570558.01 CeTtifieeJ (to Date 0- ~'h0 ,p.n..,,.. , (,/ -c:J ;-..v.... Ma 0' 'Andrea, C/er#{ DePuty~ . ""I , j 'r CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing Defendant's Notice of Removal by first-class mail, postage prepaid, upon all attomeys of record, addressed as follows: Matthew S. Crosby, Esquire 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, P A 17108 RA WLE & HEijDERSON /~ _/~~- ~ Timo hy J. Abeel The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorney for Defendant, Allied Van Lines, Inc. DATED: October 1, 2001 0570558.01 , " IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PENNSYLVANIA JAMES ROBINSON and GWEN MILLER, his wife, Plaintiffs CNIL ACTION v. NO. ALLIED VAN LINES, INC., and KEVIN GARY CORBETT, Defendants NOTICE OFREMOV AL TO THE HONORABLE JUDGES IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA: Defendant, Allied Van Lines, Inc., by and through its attorneys, Rawle & Henderson LLP, respectfully avers as follows: 1. Defendant, Kevin Gary Corbett, was and is a citizen of the State of Florida. 2. Defendant, Allied Van Lines, Inc., at all material times, was and is a corporation incorporated under the laws of the State of Illinois with its principal place of business in N aperville, Illinois. 3. Upon information and belief, the undersigned has been retained to represent the defendant, Kevin Gary Corbett, and he requests and consents to removal. 4. At all material times hereto, plaintiffs are and were citizens of Pennsylvania, and they reside in Mechanicsburg, Pennsylvania. See Exhibit "A", plaintiffs' Complaint. 0570558,01 = "'I ~~ , " 5. Plaintiff commenced this civil action against defendants in the Court of Common Pleas of Cumberland County Pennsylvania by Summons. See Exhibit "B" -- Plaintiffs' Writ of Summons. 6. Plaintiffs filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania on or about September 12, 2001. See Exhibit "A" -- Plaintiffs' Complaint. 7. In the Complaint, plaintiff, James Robinson, alleges as follows: 30. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period oftime in the future, to his great physical, emotional, and financial detriment and loss. 31. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 32. As a result of said Defendant's negligence, Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 33. As a result of said Defendant's negligence, Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 34. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered a loss oflife's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 0570558.01 2 '-, Ii , " 35. Plaintiff, James Robinson, believes and, therefore, avers that his injuries are serious and permanent in nature. Wherefore, Plaintiff, James Robinson, seeks damages from Defendant, Allied Van Lines, Inc., in an amount in excess of twenty-five thousand ($25,000), and demands a jury trial. See Exhibit "A" - plaintiffs' Complaint. 8. On April 25, 2000, plaintiffs' attorney made a settlement demand of $150,000. See Ex.hibit "c" - plaintiffS' demand letter. 9. Based upon a fair reading ofthe Complaint and demand letter, plaintiffs have set forth a claim in which an amount in excess of the jurisdictional limit of $75,000.00, exclusive of interest and costs, may be at stake. 10. Diversity of citizenship, within the meaning of 28 V.S.C. 91332, exists between plaintiffs and defendants since: (a) Plaintiffs are citizens llI)d residents of the State of Pennsylvania; and '. (b) Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, are not citizens or residents of the State of Pennsylvania. 11. Furthermore, diversity of citizenship existed at the time the action sought to be removed was commenced and continues through the time of filing of this notice, such that defendant is entitled to removal pursuant to 28 V.S.C. 91441, as amended, and 28 V.S.C. 91446. 0570558.01 3 ~I . WHEREFORE, defendant, Allied Van Lines, Inc., prays that the above-captioned action now pending in the Court of Common Pleas of Cumberland County, Pennsylvania, be removed therefrom to this Honorable Court. RA WLE & HEND~O / all imot J. Abe ' Identification No. 23104 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendant, Allied Van Lines, Inc. Dated: October 1, 2001 0570558.01 4 1'0" r I CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing Defendant's Notice of Removal by first-class mail, postage prepaid, upon all atto~eys ofrecord, addressed as follows: Matthew S. Crosby, Esquire 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, P A 17108 / r'By: LP Ti thy J. Abeef, Esquire Identification No. 23104 The Widener Building One South Penn Square Philadelphia, P A 19107 (215) 575-4200 Attorney for Defendant, Allied Van Lines, Inc. DATED: October 1, 2001 0570558.0 I . [, .. ' 'H<I1!ll1'~~~~I. EXHIBIT "A" I~ I , '1 . " JAMES ROBINSON, and GWEN !VULLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 2133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN GARY CORBETT, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the foHowing pages, you must take action within twenty (20) days after this complaint and notice are sef\led, by entering a written appearance personaHy or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 HANDLER, L'ING & ROSENBERG By Ma w S. Crosby, Esq, 1.0.#69367 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 DATE:~ Attorneys for Plaintiffs -"" ,J,~"" -r, , - . ., -"-. '~,._ /--. .....- ~...... f>~ ~ . ' ~___.H"'_ /"~, ("--'\"'" \::::~: .~ ii' ,.,\ ~--.:.:~. . . " . .:! -"-.. j c i\com plain ts \rob i nson. wpd JAMES ROBINSON, and GWEN MILLER, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 2133 Civil v. CIVIL ACTION - LAW ALLIED VAN LINES, INC., and KEVIN GARY CORBETT, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, James Robinson and Gwen tvliller, by and through their attor~'eys, HANDLER, HENNING & ROSENBERG, by t.,.!atthew S. Crosby, Esq" and make the within Complaint against the Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, as follows: 1. Plaintiff, James Robinson, is an adult individual currently residing at 7 Conway Drive, Mechanicsburg, Cumberland County, P A 17055. 2. Plaintiff, Gwen Miller, is an adult individual currently residing at 7 Conway Drive, Mechanicsburg, Cumberland County, PA, 17055. 3. At all times material hereto, Plaintiff, Gwen Miller, has been married to Plaintiff, James Robinson, 4. Defendant, Kevin Gary Corbett. is an adult individual currently residing at 3421 Coral Lake Way, Coral Springs, Florida, -'~-I" . ~ - -'. 5. Defendant, Allied Van Lines, Inc., is a corporation with its principal place of JJa..pl/l. vii k.) IJ I. business at 1209 Orange Street, Wilmington, DE 19801. Defendant, Allied Van Lanes, Inc., regularly conducts business in the Commonwealth of Pennsylvania. 6. At all times material hereto, Plaintiff, James Robinson, was the owner and operator of a 1998 Plymouth, bearing Pennsylvania Registration Plate Number BMW-6758. 7. At all times material hereto, Defendant, Kevin Gary Corbett, was the operator of a 1991 Kenworth tractor trailer, bearing the Illinois Registration Plate Number P 141460, owned by his employer, Defendant, Allied Van Lines, Inc. 8. At all times material hereto, Defendant, Kevin Gary Corbett, was an agent, servant, and/or employee of Defendant, Allied Van Lines, lnc" and was acting within the scope of said employment. 9. On or about May 18, 1998, at approximately 9:40 p.m" Plaintiff, James Robinson, was traveling in the right northbound lane ofSR 15 in Upper Allen Township, Cumberland County, Pennsylvania. 10, On or about May 18, 1998, at approximately 9:40 p.m., Defendant, Kevin Gary Corbett, was traveling in the left northbound lane of SR 15 in Upper Allen Township, Cumberland County, Pennsylvania, 11. At approximately thatsametime and place, Defendant, Kevin Gary Corbett, suddenly and without warning, crossed over the line dividing northbound lanes, entered Plaintiffs lane of travel, and violently struck Plaintiffs vehicle. 2 "J 12. Thereafter, Defendant Corbett fai led to stop at the scene of the collision and neglected his duties to give information and render aid, in violation of75 Pa.C.S.A. SS3742 & 3744. 13. At the time of this collision, Plaintiff, James Robinson, was insured under a motor vehicle policy through State Farm Mutual Automobile Insurance Company. Said policy provided for, and entitled Plaintiff to, full tort rights and was in force on the date of the collision. 14. As a direct and proximate result of the negligence of Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, Plaintiff, James Robinson, sustained serious and extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE JAMES ROBINSON v. KEVIN CORBETT 15. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs 1 through 14 of this Complaint as ifset forth at length. 16. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, James Robinson, were caused directly and proximately by the negligence of Defendant, Kevin Gary Corbett, generally, and more specifically as set forth below: (a) In making an unsafe lane change; (b) In failing to stay in the left lane until it was clear to proceed into the right lane; in violation of75 Pa.C.S.A. S3303; (c) In driving a tractor trailer without a commercial driver's license, in violation of75 PaC.S.A. S 1606. (d) In operating a motor vehicle inattentively; 3 - (e) In failing to keep a reasonable lookout for vehicles lawfully proceeding on the roadway; (f) In failing to be reasonably vigilant to observe Plaintiffs vehicle; (g) In failing to properly and adequately observe the traffic conditions then and there existing; (h) In failing to signal his intention to switch lanes of travel; (i) In failing to operate said vehicle in such a manner that would allow him to apply the brakes and stop before striking Plaintiffs' vehicle; (j) In failing to operate said vehicle under proper and adequate control in order that he could avoid striking Plaintiffs' vehicle; (k) In failing to operate his vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa.C.S.A. S 3361; and (I) In failing to operate his vehicle within the appropriately marked lane of travel. 17. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, the Plaintiff, James Robinson, sustained severe injuries, including, but not limited to, injuries to his head, neck, back and scapula. These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety. 18. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, the Plaintiff, James Robinson, has been and will in the future, be hindered from performing the 4 .,- I' duties required by his usual occupation and attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 19. As a direct and proximate result of the negligence of Defendant, Kevin Gary .Corbett, the Plaintiff, James Robinson, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 20. As a direct and proximate result of the negligence of Defend ant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 21. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 22. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 23. As a direct and proximate result of the negligence of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 5 " ,.. ,~,~ .= L- . ::ot:"_,-. 24. Plaintiff, James Robinson, believes and, therefore, avers that his injuries are serious and permanent in nature. WHEREFORE, Plaintiff, James Robinson, seeks damages from Defendant, Kevin Gary Corbett, in an amount in excess of twenty-five thousand dollars ($25,000.00), and demands a trial by jury COUNT Il- VICARIOUS LIABILITY JAMES ROBINSON v. ALLIED VAN LINES, INC. 25. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs 1 through 24 of this Complaint as if set forth at length. 26. At all times material to this action, Defendant, Kevin Gary Corbett, was an agent, servant, and/or employee of Defendant, Allied Van Lines, Inc. 27. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, James Robinson, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Kevin Gary Corbett. 28. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Kevin Gary Corbett, occurred while acting in and upon the business of Defendant, Allied Van Lines, Inc., and within the course and scope of his employment with said Defendant. 29. Defendant, Allied Van Lines, Inc., is vicariously liable for the extensive personal injuries suffered by Plaintiff, James Robinson, which include, but are not limited to, injuries to his head, neck, back and scapula These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety. 6 - 30. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefmite period of time in the future, to his great physical, emotional, and financial detriment and loss. 31. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered lost wages and will in the future continue to surfer a loss of income and/or loss of earning capacity. 32. As a result of said Defendant's negligence, Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 33. As a resultofsaid Defendant's negligence, Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 34. As a result of said Defendant's negligence, Plaintiff, James Robinson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 35. Plaintiff, James Robinson, believes and, therefore, avers that his injuries are serious and permanent in nature. 7 ~~=,=~ , - ~ , WHEREFORE, Plaintiff, James Robinson, seeks damages from Defendant, Allied Van Lines, Inc., in an amount in excess of twenty-five thousand dollars ($25,000.00), and demands a trial by jury. COUNT Ill- GROSS NEGLIGENCE / OUTRAGEOUS CONDUCT JAMES ROBINSON v. KEVIN GARY CORBETT 36. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs I through 35 of this Complaint as ifset forth at length. 37. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, James Robinson, were caused directly and proximately by the gross negligence and/or outrageous conduct , of Defendant, Kevin Gary Corbett, generally, and more specifically as set forth below: (a) In willfully, wantonly, and with careless disregard for the consequences and the health and safety of Plaintiff, J ames Robinson, fleeing the scene of the collision that caused property damage and personal injury when he was aware that Plaintiff was in the vehicle at the time of the collision; (b) In willfully, wantonly, and with careless disregard for the consequences and the health and safety of Plaintiff, James Robinson, failing to stop at the scene of the collision or as close thereto as possible when he was aware that the collision resulted in injury to Plaintiff, James Robinson, in violation of75 Pa.C.S.A. S3742; 8 . , , . .2 -"-.. (c) In fleeing the scene of the collision without fulfilling the requirements of75 Pa.C.S.A. g3744 (relating to duty to give information and render aid), in violation of75 Pa.C.S.A. S3742; and (d) In driving a motor vehicle with a wanton disregard for the safety of persons or property, in violation of75 Pa.C.S.A. g3736; and (e) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, James Robinson. 38. Defendant's actions in operating his motor vehicle under the aforementioned conditions amount to gross negligence, which Defendant knew, or should have known, constituted reckless and wanton disregard for the safety of others. 39. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff sustained severe injuries including, but not limited to, injuries to his head, neck, back and scapula. These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety. 40. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintift~ James Robinson, has been, and will in the future, be hindered from performing the duties required by his usual occupation and attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 41. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered great physical pain, 9 1- '!""'" "" r' _~ - , discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 42. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 43. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in tbe future, to his great detriment and loss. 44. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 45. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Kevin Gary Corbett, Plaintiff, James Robinson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. WHEREFORE, Plaintiff, James Robinson, seeks damages, including punitive damages, from the Defendant, Kevin Gary Corbett, in an amount in excess of twenty-five thousand dollars ($25,000.00) 10 '!1'",_~.,,~....,.,r _ . --- , , i I \ I I I I I I I I " , . . ~ -".. "-,"- COUNTIV-GROSSNEGLIGENCE/OUTRAGEOUSCONDUCT JAMES ROBINSON v. ALLIED VAN LINES, INC. 46. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs 1 through 45 of this Complaint as ifset forth at length. 47. At all times material to this action, Defendant, Kevin Gary Corbett, was an agent, servant, and/or employee of Defendant, Allied Van Lines, Inc. 48. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, James Robinson, are the direct and proximate result of the gross negligence and/or outrageous conduct of Defendant, Kevin Gary Corbett. " 49. The aforementioned gross negligence andloroutrageous conduct of Defendant, Kevin Gary Corbett, occurred while acting in and upon the business of Defendant, Allied Van Lines, Inc., and within the course and scope of his employment with said Defendant. 50. The Defendant, Allied Van Lines, Inc., is vicariously liable for the grossly negligent acts and outrageous conduct of its employee, Kevin Gary Corbett. Kevin Gary Corbett acted in a grossly negligent and outrageous manner as set forth below: (a) In willfully, wantonly, and with careless disregard for the consequences and the health and safety of Plaintiff, James Robinson, fleeing the scene of the collis ion that caused property damage and personal injury when he was aware that Plaintiffwas in the vehicle at the time of the collision; (b) In willfully, wantonly, and with careless disregard for the consequences and the health and safety of Plaintiff, James Robinson, failing to stop at the scene II " '. . ?---. !". of the collision or as close thereto as possible when he was aware that the collision resulted in injury to Plaintiff, James Robinson, in violation of 75 Pa.C.S.A. 93742; (c) In fleeing the scene of the collision without fulfilling the requirements of75 Pa.C.S.A. 93744 (relating to duty to give information and render aid), in violation of75 Pa.C.S.A. ~3742; and (d) In driving a motor vehicle with a wanton disregard for the safety of persons or property, in violation of75 Pa.C.S.A. S3736; and (e) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, James Robinson. 51. Kevin Gary Corbett's actions In operating his motor vehicle under the aforementioned conditions amount to gross negligence, which Defendant knew, or should have known, constituted reckless and wanton disregard for the safety of others, and Defendant, Allied Van Lines, Inc., is vicariously liable for damages relating thereto. 12 " , . 52. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, James Robinson, are the direct and proximate result of the independent gross negligence and/or outrageous conduct of Defendant, Allied Van Lines, Inc., as set forth below: · In permitting its employee, Kevin Gary Corbett, to operate a tractor trailer without a commercial driver's license, in violation of 75 Pa.C.SA S 1606, when it knew, or should have known, that Defendant Corbett did not have a valid commercial driver's license. 53. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., Plaintiff sustained severe injuries including, but not limited to, injuries to his head, neck, back and scapula. These injuries also included myofascial pain syndrome, peripheral neuropathy and general anxiety. 54. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., Plaintiff, James Robinson, has been, and will in the future, be hindered from performing the duties required by his usual occupation and attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 55. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., the Plaintiff, James Robinson, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 13 " " , --.. 56. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., the Plaintiff, James Robinson, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 57. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., the Plaintiff, James Robinson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 58. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., the Plaintiff, James Robinson, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 59. As a direct and proximate result of the grossly negligent and outrageous acts of Defendant, Allied Van Lines, Inc., the Plaintiff, James Robinson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. WHEREFORE, Plaintiff, James Robinson, seeks damages, including punitive damages, from the Defendant, Allied Van Lines, Inc., in an amount in excess of twenty-five thousand dollars ($25,00000) 14 ~.~" ~ " ., . . ~~-:" COUNT V - LOSS OF CONSORTIUM GWEN MILLER v. KEVIN GARY CORBETT and ALLIED VAN LINES. INC. 60. Plaintiffs, James Robinson and Gwen Miller, herein incorporate paragraphs 1 through 59 of this Complaint as ifset forth at length. 61. As a result of the negligence of Defendants, the Plaintiff, Gwen Miller, has suffered a loss of consortium, society, and comfort from her husband, James Robinson, and she will continue to suffer a similar loss in the future. 62. As a result of the negligence of Defendants, the Plaintiff, Gwen Miller, has been conipelled, in order to effect acure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. WHEREFORE, PlaintitT, Gwen IVliller,seeks damages from Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, in an amount in excess of twenty-five thousand dollars ($25,000.00) and demands a trial by jury. Respectfully submitted, HANDLER, HENNI?\G & ROSENBERG By: Matthew S. Crosby, Esq. J.D. No. 69367 1300 Linglestown Road P.O. Box] 177 Harrisburg, P A 17110-1177 (717) 238-2000 Attorneys for Plaintiff DATE: 15 ., '.. .. , ,- VERIFICATION PURSUANT TO Pa. R.c.P. No. l024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is conect and accurate to the best of his knowledge, infOlmation and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. 1\lATTHEW S. CROSBY, ESQ. DATE: ~ , I -~ , " , .- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, Allied Van Lines, Inc. and Kevin Gary Corbett, by sending a copy of the same to their counsel of record, Timothy J. Abeel, Esq., and Deborah M. Bailey, Esq., both at RA WLE & HENDERSON, LLP, The Widener Building,One South Penn Square, Philadelphia, PA 19107, by United States Mail, regular service, in Harrisburg, Pennsylvania on September 12,2001. atthew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs DATE: f(n.lo\ - ~ I - 1 -- ~" - EXHIBIT "B" '< v_ I ," ~~~ : "-:-:--, .--, TRUE COpy FROM RECORD - In Tii'SUmony whG~.j<}f. i fr3rillliltn :;...1 my oar;::! ~~, t""~ ,,",' c' .. " ~ '. f' ... <<iI.'" "llQ ~....! vi ~{:~lj (..Gun ar v<<fHSt.J, f---a, (.TrdS~d:Y ~~~'~-V~ Pr ,honotary 0---- Commonwealth of PelUlsylvanla County of Cumberland JAMES ROBINSON AND GWEN MILLER, HIS WIFE vs. " ALLIED VAN LINES, INC 1209 ORANGE ST. WILMINGTON, DE 19801 Court of Conunon Pleas KEVIN GARY CORBErr 5260 SW 61'H PLACE MARGATE, fL 3306.8 No. _._ __p_q:::?J..})..~j..YtL1'_~~.m. __ __. In _mnc;J..,!:g_ !!.~tj.9_1l_::_k<!.'1____________.n__ To _~~J-_E!.~_Y~f!_!>J...l!E:;'?LJ;.Qg.:_.~Qg._K~yj._l!._Gg.];y Corbett You are hereby notified tha t James Robinson and Gwen Miller, his wife .-------------------------------.----------------.------------------------------------------------ t.~e Plaintiff hi'e cormr.:r.ced an actior. in ____c;:tyj.J_)~~9j:J_QI:L.:___L9.tl____________________________--- against you which you are required to defend or a default judgment may be entered against you_ (SEAL) .__.______~~~_~~_f~__~DOl________._____________ Prothonotary Date n___..hPr:iL7.,..20D.D.._n_____ 19nn ~-[;"-~---- Dep~tf-! "'Il;lj-!-"-i JAMES ROBINSON and ::;WEN MILLER, his wife Plaintiffs IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- Civil v. CIVIL ACTION - LAW ALlrED VAN LrNES, INC. and KEVIN GARY CORBETT,: Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO TijE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue two (2) Writs of Summons against the following Defendants, at the addresses given: '. Allied Van Lines, Inc. 1209 Orange St. Wilmington, DE 19801 and Kevin Gary Corbett 5260 SW 6'h Place Margate, FL 33068 'I'-.. .:.....~ ~'_::::J m\ e--.L-. -----1 ~. (g U and return both certified Writs to this office for our service on said Defendants by Certified mail. Respectfully submitted, HANDLER, HENNING and ROS BE G BY: DATE: 41 &I~:x, \..J Matthew S. Crosby, Esq. ID No. 69367 319 Market St., P.O. Box 1177 Harrisburg, P A 17108 Tel. No.: 717-238-2000 Attorneys for Plaintiffs r I EXHIBIT "C" "' '1,,-- - .-- -'1--- "~" ~ Claimant: . .!:'-."-" SETTLEMENT BROCHURE v () '2. 7SI\)\) ~i>:' ~\~\)P- f.R\l\l1 James Robinson 7 Conway Drive Mechanicsburg,P A 17055 Counsel for Claimant: Date of Collision: Matthew S. Crosby, Esq. HANDLER, HENNING & ROSENBERG 319 Market Street P. a.Box 1177 Harrisburg, P A 17108 (717) 238-2000 May 18,1998 Locationof Collision: State Route 15 at the P A Turnpike Entrance Cumberland County, P A Prospective Defendant: lH~" "~~,~'"~I~ ~~ r , Kevin Gary Corbett 5260 S.W. 6th Place Margate, FL 33068 -lANDLER -IENNING& lOSENBERG -- --~._-~--~_.._------- 'TORNEYS AT LAW : a. H~NDl~a. Refired ;,:.JiTHtmmlG J ~ RGSENBERG (Pl, HI :Wllll~H1E.~(PI,flRNI ',,'.vSC.,OSBY(Pl, Nil :8( ~~ HArHE,~ (P~. NJ) ; ~ : ~j G. H ~tD ;:iHl~IDLERlm2.70J HARRISBURG OFFICE .' -319MoI"fS~ee . ~crrtsburg, PA 1710 . 717-23B-2OO 717.233.3029 (fox) lANCASTER OffiCE 140A EoslKing Street loncoster, PA 17602 717-431.4000 OIREa MAil TO P.O. Box ll/i Horrisburg, PA mo, April 25, 2000 W\'NI.HHRLaw.cor: Crosby@HHRlow.colt Ms. Linda Ervin Allied Van Lines POBox 4403 Chicago IL 60680 Re: Our Client Your Insured Your File No. Date of Collision James W. Robinson Allied Van Lines 98-8017 May 18,1998 Dear Ms. Ervin: In connection with the above-referenced matter, I submit my client's claim as follows: 1. Background, im Robinson is 51 ears old He lives at 7 Conway Drive, Mechanicsburg, with his WI e, Gwen. At the time ofthis incident, Jim was employed as a Corrections Officer, at the State Correctional Institute in Camp Hill, Pennsylvania. Jim \vas unable to return to that position since his injury. Therefore, he took early retirement on February 15, 1999, at the rank of Sargent, after 27 years of service. 2. SummarY of the Collision. Jim was traveling north on State Route 15, when your insured's driver attempted to pass in the left lane, side-swiping the Robinson vehicle with his Allied van. Mr. Corbett failed to stop at the scene of the collision, and was later apprehended by Upper Allen Township Police, and charged with unsafe lane change, leaving the scene of an accident, and driving without a ~ 'j -, - ~ -'". commercial driver's license. Mr. Corbett was found guilty of all three offenses at a Summary Trial on August 19, 1998, in front of District Justice Gayle Elder. 3. Liabilitv. The issue ofliability is clear. Ifnot for your insured driver's failure to make a lane change in a safe manner, this collision would not have occurred. Your insured was clearly the direct and proximate cause of the resulting injuries to my client. I have attached a copy of the police report for your review. 4. Medical Care and Iniuries. Within hours of the collision, Jim began to have headaches, and pain and stiffness throughout his neck and back. When the aches and pains did not go away, he consulted Dr. Cynthia Stanton on May 22, 1998. Dr. Stanton's noted that Jim had difficulty waling, sitting, flexing his forearms, and have limited motion in his cervical and lumbar spine. Examination revealed edema along the scapular musculature with the pres'ence of spasm in the bilateral trapezius, paraspinal, and lumbar muscles. There were active trigger points in the trapezius, scapular and lumbar muscles. Jim also reported occasional paresthesia in both hands, but particularly in the right one. Dr. Stanton administered electric stimulation to the mid and upper thoracic and lumbosacral areas. Adjustments were made at C2,C7 through T-l, T-4, and to the right hip. Ice was applied. Dr. Stanton recommended that Jim rest, avoid lifting, and use ice for pain control. She wrote him a disability slip to excuse him from work. Jim returned to Dr. Stanton on May 27, 1998. He continued to have headache, and pain throughout his neck and back. Dr. Stanton adjusted the cervical, thoracic, and lumbar spine, noting extreme tenderness over the right scapula. Range of motion continued to be restricted. Again, Jim returned to Dr. Stanton on May 29, 1998, with complaints of headache, neck and back pain, which were preventing him from sleeping well. He co'ntinued to exhibit restricted cervical and lumbar range of motion, and there was tenderness over the right scapula. Dr. Stanton applied electric muscle stimulation, followed by adjustment of the full spine. Dr. Stanton continued to treat Jim on June 1, 3, 10, and 19, 1998, with adjustments of the full spine. On June 23,1998, under the recommendation of Dr. Stanton, Jim had x-rays taken of the cervical spine revealed spondylotic changes with anterior and posterior hypertrophic spurring at C5-6 and C6-7. Moderate neural foraminal encroachment was noted on the right at C6-7, with mild encroachment on the left. X-rays of the thoracic spine indicated moderate hypertrophic spurring from T-9 through T -12. The lumbar spine showed minimal degenerative joint disease involving the facet joints bilaterally, at L4-5 and L4-S-1. Jim returned to Dr. Stanton on June 24, 1998, \ovith the x-rays and reports. She reviewed them and administered electric muscle stimulation, followed by a complete spinal adjustment. Dr. Stanton continued to treat Jim on July 1, 8, and 29, 1998. His complaints remained consistent. On August 12. 1998, Jim returned to Dr. Stanton. He reported continued headaches, fatigue, trapezius muscle spasms, and low back pain. Dr. Stanton also noted swelling in Jim's ankles. She recommended that he increase his activities. Dr. Stanton's examination on August 26, 1998, revealed continued spasm, and taut and tender scapular muscles on the right. Electric stimulation was applied, followed by a complete spinal adjustment. Jim returned to Dr. Stanton on September 2, and 9, 1998. He reported improvement, in that he was experiencing less fatigue and fewer headaches, but continued to have ankle pain and swelling. Examination revealed trapezius spasm and scapular tenderness. Dr. Stanton discussed the possibility of Jim's return to work under a light duty schedule. He explained that the nature of his work as a Prison Guard, did not allow for any infirmities. He felt that it would be unsafe for him to return until he was back to his pre-injury condition. Dr. Stanton re-examined Jim on September 21,1998. He continued to have frequent headaches, and pain and swelling in his ankles when walking or standing. He also noted occasional parasthesia in his right hand. Examination revealed restricted cervical rotation. Muscle spasms and tenderness were noted in the right scapular region. Electric muscle stimulation was applied, followed by a complete spinal adjustment. '!i!~_~ ~- ~~~~, - Jim returned to Dr. Stanton on September 30, 1998, reporting no significant change in his symptoms. Electric muscle stimulation was applied and adjustments were made to the spine. Dr. Stanton re-examined Jim on October 7, 14, 19, and 28, 1998. He reported improvement in the intensity of his pain, but continued to have headaches, upper back pain, and swelling of his ankles. Dr. Stanton administered electric muscle stimulation and adjusted his spine. Jim was examined by Dr. Mark Lutness, a physiatrist, on October 29, 1998, at the request of Dr. Stanton. He reviewed the x-rays and records that Jim had brought with him. Dr. Lutness's examination revealed a flat-footed stance, in which the arch was not well-maintained. Further examination revealed that cervical range of motion was moderately restricted in forward flexion and rotation to either direction. Extension and lateral flexion were also markedly restricted. The ll.Imbosacral spine exhibited moderate restriction in forward flexion and mild restriction in extension and side-bending. There was a noticeable weakness and generally poor motor recruitment in the right leg, with the ankle jerk being absent Sensory testing revealed an absence of sharp touch sensation in the right foot, and a marked decrease in the left. Vibratory sensation was absent in both feet. The right foot appeared very cyanotic and the left foot had slight cyanosis, but the toes were very discolored. An Allen test of both wrists showed absent reperfusion after arterial compression, worse in the ulnar arteries, with the left hand having a longer delay than the right. The right hand did not reperfuse completely, even after 10 seconds. Phalen's test did not yield wrist or hand pain, but the right ulnar flexors developed a rock hard cramp after being placed in that position. The neurovascular bundle at Erb's Point was exquisitely tender on the left. Moderate trochanteric bursal pressure produced bilateral tenderness. There was trace bilateral ankle and dorsum edema, and the dorsalis pedis and posterior tibial pulses were absent on both feet. Dr. Lutness felt that Jim was suffering from a number of problems which were caused by, or exacerbated by, the motor vehicle collision. He identified the ,'j' following items: post concussive headaches; cervical spondylosis; regional myofascial pain syndrome of the neck and shoulders; degenerative joint and disc disease, and peripheral vascular disease; a possible pars fracture at L-4 right; possible Carpal Tunnel Syndrome; sensory cervical radiculopathy at C-6 and C-7; peripheral neuropathy; and kinesophobia and general anxiety related to post accident symptoms. It was Dr. Lutness's opinion that Jim would possibly benefit from re- education in posture and body mechanics, with emphasis on shoulder girdle strengthening. He felt that it might be appropriate for further vascular testing, and EMG testing, and also felt that Jim would benefit from pain medication, and possibly the use offoot orthotics. Dr. Lutness recommended that Jim have an internal medicine evaluation to address these problems and possibly identify other underlying medical problems. Jim returned to Dr. Stanton on November 4, 1998. He reported having an increase of pain since his rigorous examination with Dr. Lutness. Dr. Stanton's examination revealed tenderness ofthe right medial scapula with spasms. The right side of the cervical spine was spastic and there was reduced range of motion. Electric muscle stimulation was applied, followed by spinal adjustment. Jim received additional treatment from Dr. Stanton on November 11, 18, and 25,1998. Jim returned to Dr. Cynthia Stanton on December 2, 1998. He reported a noticeable decrease in mobility since the weather had turned colder. Electric muscle stimulation was applied, followed by cervical and thoracic spinal adjustment. Dr. Stanton re-examined Jim on December 9, 16, and 23, 1998. Treatment included electric muscle stimulation and spinal adjustments. Jim returned to Dr. Stanton on January 11, 18, and 25,1999. He reported little change in his symptoms. Electric muscle stimulation was applied, followed by spinal adjustments. Dr. Stanton re-examined Jim on February I, 1999. At that time, he reported persistent swelling in his ankles and tenderness in his right shoulder area. Jim , : continued treating with Dr. Stanton and attended four appointments in April. In May, Jim met with Dr. Stanton three times. He reported increased lower back pain, persistent tenderness in his shoulder area, and headaches. Examination revealed decreased shoulder range of motion and his treatment plan remained the same. Jim increased his treatment and attended five sessions in June. He again continued to have persistent pain in his shoulder and lower back, and his ankles were swelling again. Dr. Stanton ordered an MRI of his shoulder, which was performed on June 22, 1999. Fortunately, it did not show any abnormalities. Jim attended another four sessions in July. Dr. Stanton recommended he increase his activity level. At Jim's last session on July 28, 1999, he reported increased pain and soreness after trying to sweep his porch and take a walk. Throughout August, Jim was treated by Dr. Stanton four times. He again had swollen ankles and tenderness in his shoulder. On September 1, Jim reported having a lot pain. Dr. Stanton told him to use ice and stretch. Dr. Stanton then went on maternity leave, so Jim's next appointment wasn't until November 1, 1999. At that time, he reported headaches, swelling in his ankles, persistent shoulder pain, and pain in his neck. Examination revealed restricted cervical range of motion. His treatment regimen remained the same. Jim treated with Dr. Stanton two more times in November and five times in December. He reported having extreme pain and stiffness after traveling over the Thanksgiving holiday. His symptoms remained the same as did his treatment. To this day, Jim continues to have daily pain. His ankles still swell and he cannot do any activities without pain. His pain is also worse with cold, damp weather. He occasionally treats with Dr Stanton. 5. Economic Losses. a) Medical Expenses. As a result of the collision, Mr. Robinson has incurred medical expenses in excess of $ 4,000;00. I have enclosed the following 'l", ". 1- r,. ", J . .' - information for your review: 1) Records and billing summary from Dr. Cynthia Stanton, D. C. ; 2) Records and billing summary from Dr. Mark Lutness; 3) Billing from Quantum Imaging; 4) Billing from Physician's Imaging Center; 5) A copy of disability slips issued by Dr. Stanton, and wage loss verification from the employer; ~ 6) The first party payout sheet; and 7) A copy of the police report for this incident. b) Loss ofIncome. I have enclosed disability slips issued by Dr. Stanton which certify that Jim was disabled from May 18, 1998 through the date of his retirement on February 15, 1999. I have also enclosed wage loss verification from Mr. Robinson's employer which indicates that he was making $901.60 per week. Jim planned to retirE' ::It tnp AgE' of 52. so his total wage loss calculates to $111,798.40. His auto insurance policy had a wage limit of$15,000.00, and he also started receiving retirement benefits in June 1999. in the amount of$1 ,605.35 per month. Therefore, his total out-of-pocke~ge loss is $79,139.55.'~ c) Loss of Life's Pleasures. Prior to this injury, Jim enjoyed hunting and target shooting. He had been an active member of the Enola Sportsman's Club for over 25 years. Since this collision, Jim has been unable to tolerate shooting a gun, and finds it difficult to walk through the woods to hunt. Continued back pain keeps him from maintaining his vehicles, cutting the grass, and general house and yard maintenance. 6. Demand. Therefore, based on your insured's negligence in failing to safely change lanes and leaving the scene of the collision; causing my client great physical and emotional pain; \yith medical expenses in excess of 'h4.000 00; out- ~~-I ! r " of-pocket wage loss in excess of$79,000; and continuing physical problems with susceptibility to future arthritic conditions and exacerbations, it is my opinion that ajury would award a verdict in an amount of in excess of$175,000. However in an effort to amicably resolve this matter, I have recommended to my client that we settle this matter forc$.lsO,OObhis is not an offer, but is my recommendation to my client and is submitted without prejudice to my client's claim. I am looking forward to hearing from you within thirty days of your receipt of this package, so that we may resolve this matter. Very Truly Yours, HANDLER, HENNING & ROSENBERG ~ ~ Matthew S. Crosby MSC/skb Enclosures "", . ~ ~ 1 Curtis R. Long Prothonotary Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor (!e)f{tce of toe ~rotbonotarp Q[:umberlanb Q[:ountp Court of Common Pleas Cumberland County, Pennsylvania Docket No. 00-:< /33 C/"i ( F.J~o. \ COlAr + Please acknowledge receipt of this case by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE <' CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 Attn: Becky Record received: Date: ' (signature & title) One Courthouse Square . Carlisle, Pennsylvania 17013 . (717) 240-6195 . Fax (717) 240-6573 T'-,-- NANCY A. REED, VS. MICHAEL D. REED, Plaintiff Defendant liN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-2123 ClVILTERM IN DIVORCE ORDER OF COURT AND NOW this day of December, 2004, the healing previously scheduled in this matter is cancelled and the matter wit[ be heard at 1:30 p.m. on February 14, 2005. Date ~ J. DISTRIBUTION: Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 John J. Connelly, Jr., Attorney for Defendant, P.O. Box 650, Hershey, PA 1703 -_-:.;h',_-.'.?'-(?i ?r,