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HomeMy WebLinkAbout97-01984 . ... " ~ o I " ""ft.-- ".... l..~._. '\ J / .../ " /' I o U .'" .. CJ ~ q ~ ~ '1 i c ~ ~ I :--- ! - i ~ I I ~ I ~) . t"'" 0'" t ,~,'\ , . ~ ~ DARRIN G. JONES, a minor, by DALE G. JONES and KIMBERLY I. TORRANCE, his Parents and Natural Guardians, DALE G. JONES, Individually, CASEY L. TORRANCE, a Minor, by KIMBERLY I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs V. FRANCISO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY, and MAGIC TRUCKING SERVICES, INC. Defendants NO. 97-1984 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 25th day of August, 1999, before Edgar B. Bayley, Judge, present for the plaintiffs was Stephen M. Greecher, Jr., Esquire, and for the defendants, Craig T. Trebilcock, Esquire. This case now involves the claim of Dale G. Jones against defendants. Plaintiff's vehicle was rear ended by a tractor trailer driven by Defendant Francisco Lugo-pagan while in the employ of the defendant trucking companies. While liability is not admitted, it is not seriously contested! Plaintiff is in his early forties and maintains that he suffered serious low back injuries that aggravated a preexisting arthritic condition. The accident occurred on April 29, 1995, and plaintiff, who was a ceramic tile layer, has not returned to work. He maintains that he will be unable to work in that field but is now capable of undertaking other employment at a wage consistent with what he had been earning at the time of the accident. Plaintiff claims general damages and lost earnings of approximately $30,000.00. The $30,000.00 f . ~ I I ,~ DARRIN G, JONES, a Minor, by DALE G. JONES and KIMBERLY I. TORRANCE. his Parents and Natural Guardians, DALE G. JONES, Individually, CASEY L. TORRANCE, a Minor, by KIMBERLY I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO, 97-1984 : CIVIL ACTION - LAW v. FRANCISCO LUGO-PAGAN, CARROLL FULMER & CO., INC., and MAGIC TRUCKING SERVICES, lNe" Defendants : JURY TRIAL DEMANDED PRETRIAL MEMORANDUM 1. FACTS REGARDING LIABILITY On the allemoon of April 29, 1995, at approximatc1y 11:55 a,m" Plaintiff Dale Joncs was opcrating a motor vchiclc heading north on U ,S, Routc I 1, At the same time, Defendant Francisco Lugo-Pagan was opcrating a tractor trailer also hcading north on U,S, Route I I, dircctly behind the Joncs' vehicle. Dcfendant Francisco Lugo-Pagan was an employee of Defendant Carroll Fulmer & Co, Dcfendant Carroll Fulmcr & Co, was the owncr ofthc tractor trailer that Defendant Francisco Lugo-Pagan was driving, At the time of the accident, the Jones' vchicle was legally stopped at u traffic light located at thc intersection of Carlisle Pike (U,S. Route II) and State Route 114 in Silver Springs Township, Cumberland County, Pcnnsylvaniu. TIle accident occurred when Defendant Francisco Lugo-Pugan failed to stop his eighteen wheel Mack truck and struck thc rear of the Jones' vehicle causing a violent impact. Mr. Jones along with thrce other passengers in his car, sustaincd injuries, Defendant Francisco Lugo Pagan was ncgligcnt in that he failed to have his vehicle under propcr and adequate control at all timcs, TIlc evidcnce will establish that Defendant Francisco Lugo-Pagan was negligent and careless in causing thc accidcnt at issuc in this proceeding. Thc evidence will also show that as a result of Defendant Francisco Lugo-Pagan's ncgligence and carclcssness in causing the aforesaid accident, Plaintiff Dale Jones sustaincd a scrious and permancnt back injury, Furthcr, the cvidencc will cstablish thut Dcfendant Carroll Fulmer & Co, is vicariously liable for Defendant Fransicso Lugo-Pagan's ncgligent and careless operation of its vehicle, 2. FACTS REGARDING DAMAGES A, Iniuries On the day of the accident, Mr, Joncs visitcd the emcrgency room at Wayncsboro Hospital complaining of lower back pain, He was treated for a lumbar strain and was given mcdication including Soma, Darvocet and Naproxen, 2 , I Mr. Jones underwent wcekly chiropractic treatment at Curfman Chiropractic Center in i' , I .:r. Grecncast1e, Pennsylvania during the period May 8, 1995 until September 6. 1995, At the suggestion of Dr, Curfman, Mr. Jones underwent spinal x-rays at Waynesboro Hospital on May 8, 1995. Thcse x-rays showed slight DJD with mild facet joint arthropathy as well as a rotated pc1vis and a pinched nerve, An MR1 pcrformcd at Robinwood Medical Center in Hagcrstown, MD on August 15, 1995. also at thc suggestion of Dr, Curfman, revealed mild degenerative disc diseasc at L 1-2, Furthcr x-rays of thc lumbar spine taken at Chambersbcrg Hospital on January 3, 1996 showed bilatcral mild L4-5 and L5-S 1 facct arthropathy. Dale Jones also received treatment from Dr, Yacyk. an orthopedic surgeon in Hagerstown, Maryland, during the pcriod May 24, 1995 through Septcmber 4, 1995. Dr. Yacyk diagnosed Mr, Jones with a lumbar strain and a thoracic strain and prcscribed anti-inflammatory mcdication as well as a coursc of physical thcrapy to bc followcd by a work-conditioning program, Throughout this pcriod of treatment, Dr, Yacyk deemed Mr. Jones incapab1c of returning to work. Mr. Jones began physical thcrapy at Greencastle Health Services on May 30, 1995, Allcr 5 physical therapy sessions. Mr, Joncs was scheduled to begin a work-conditioning program at Chambcrsburg Hospital Industrial Rchab in early July. Instead, Mr, Jones undcrwent work conditioning at Mason Dixon Physical Therapy in Hagcrstown. Maryland approximately twice a week from July 11, 1995 through Septembcr 8,1995, Dr, Yacyk also prescribcd a series of lumbar facet joint injections bcginning on July 10, 1995, Mr, Joncs last visit with Dr, Yacyk 3 was on Scptember 12, 1995 and, at that timc, Dr. Yacyk discussed the possibility of Mr, Jones seeking alternative employment over the long-term, Despite the anti-inflammatory mcdication, physical therapy and injections, Mr, Joncs continucd to complain of persistent low back pain, and it was cvidcnt that Mr, Jones could not rcturn to his profession of laying ceramic tile, Mr. Jones also rcccived mcdica1treatmcnt Dr, Marianne Herr-Paul of Tuscarora Family Practice in Grecncast1e, Pcnnsylvania beginning on May 2, 1995 for his accident re1atcd injuries, Since that timc Dr. Herr-Paul has bcen Mr. Jones' primary treating physician for his accidcnt relatcd injuries, Mr, Jones complained of low-back pain when rising or sitting that worscned whcn hc was on his feet for any period of timc, In addition, whcn sitting or crossing his legs, his 1ell1eg wcnt numb, Mr, Joncs also comp1aincd of difficulty in slceping for more than a fcw hours at a timc. Dr. Hcrr-Paul diagnoscd Mr, Jones with right sacroiliac and low back pain, somatic dysfunction of thc cranium, ccrvical, thoracic, lumbar spine, pclvis and sacrum, and facct joint arthropathy at L4, L5 and L5 S 1. Dr. Hcrr-Pau1 has continucd to treat Mr. Jones through thc present. Dr. Herr-Paul has continucd to treat Mr, Jones with osteopathic manipulation, On May 17. 1996, Dr. Herr-Paul recommcnded that Mr. Jones scck ncw cmploymcnt that did not requirc bending, squatting, stooping, knccling or lifling more than 25 pounds, In a March 10, 1997 medical rcport, Dr. Herr- Paul exp1aincd that Mr, Joncs suffers from myofascial pain syndrome resulting from the motor vehicle accidcnt, as well as facet arthropathy that was aggravated by the accident. Dr. Herr-Paul 4 t ~, , ,1.;1. also noted that Mr, Jones' current functional capacity had not changcd from that stated in a January 1996 functional capacity assessment conducted by Gcorgc E, O'Malley, Jr" P,T. of AsscssWorks, Just as Mr, O'Malley had detcrmined, Dr, Herr-Paul concludcd that Mr, Jones should be limited to 4 to 6 hours a day of light duty, with no frequent bending, stooping or lifling. Further, Dr, Herr-Paul stated that Mr, Joncs' potential for future improvement was minimal, and that his pain and dysfunction was likely pernlanent in nature, Thercfore, Dr, Herr- Paul fclt that it was unlikely that Mr, Jones could ever rcturn to work in his formcr occupation as a ceramic tilc layer, Although Mr, Jones could occasionally perform such tasks as bending over to start a lawnmower or shooting baskets for a few minutes with his children, as Dr, Herr-Paul cxplained, U[t]he diffcrencc betwcen occasional odd jobs and a full time cmployment utilizing repetitive position changes is vast..... In a July 28, 1999 report updating Mr, Jones' condition, Dr. Herr-Paul charactcrized Mr. Jones' mid and low back pain as chronic in naturc, Dr, Herr-Paul also reiterated her opinion that Mr, Joncs' injuries were permancnt and unlikely to improve significantly, According to Dr, Hcrr-Pau1, Mr. Jones is pcrmanently rcstricted in his physical activity and unablc to return to his profession as a ceramic tilc layer as a result of thc injuries sustaincd in a motor vchicle accident on April 29, 1995, Since thc day of thc accidcnt, Mr. Jones has had pcrsistent pain in his middle and lower back that significantly limits his physical activity. Mr, Jones has also experienced occasional 5 numbncss in his Icgs, and had difficulty in slceping for more than a fcw hours at a time. In the futurc, Mr. Jones will need continued mcdical treatment for his back injury, Mr. Jones' medical expenscs incurred as a result of the injuries he sustained in the motor vchiclc accident were paid under his first party bcnefits of his automobile insurance policy. B. Wage Loss At the time ofthc accident, Mr, Joncs was employed as a ceramic tile layer with Herr's Tile & Marble, Due to thc injuries sustained in the accident as set forth above, Mr. Jones lost I 19 weeks of work during thc period between April 29, 1995 through August II, 1997. Dale Jones sustained a wagc loss 01'$47,600,00 from the date of the accidcnt through August I I, 1997, at the ratc 01'$10.00 per hour, 8 hours per day, 5 days per weck. Duc to his pcrmanent physical restrictions and limitations caused by his back injury, he was forced to find emp10ymcnt in another profcssion, Mr, Jones undertook training to updatc his skills and, evcntually he was hired on August 12, 1997 as a customer service rcprescntative by Citicorp Credit Scrvices, Inc, earning $7,69 per hour, Mr, Jones continued to work for Citicorp until April I, 1998, At that timc Mr, Joncs Icll his position at Citicorp for emp10ymcnt with Folz Vending Company on April I, 1998, He was hired as a sales representative in the vending business, The job did not work out as expectcd and aftcr a period of three weeks, Mr. Joncs terminated his employmcnt with Folz Vending Company. 6 In late June of 1998. Mr, Jones found employment with Greyhound as a ticket salcs agent. , I 'I I 'T i i Mr. Joncs earned $7,51 per hour, 8 hours per day, 5 days pcr week for a total weekly wage of $300.40, Mr, Jones remained with Grcyhound for approximately one year until the end of June of 1999, He Icll Greyhound for reasons unrelated to his accident injuries, For purpose of sClling forth Mr, Joncs' wage loss, his Citicorp hourly wage of $7,69 is used as an offset against Mr. Jones' prior earnings as a cerarnic tile layer, Thc Citicorp hourly wage is used becaus~ it is thc best hourly wagc Mr, Joncs has bcen capable of since the accident. Prior to thc accidcnt, Mr. Jones earncd $10,00 per hour as a cerarnic tile layer, Using the hourly earning difference of $2,3 I per hour from August 12, 1997 through the end of August, 1999, Mr, Jones sustaincd a total wagc loss during that timc 01'$8,593,20. Thcfore, Mr. Joncs' total wage loss from thc datc of the motor vchicle accident until August 31, 1999 is $56,193.20 reduced by his first party benefits payment of $25,000,00 for a total wage loss 01'$31,193,20. In the future, Mr, Jones will continuc to have a wage loss of $4,804,80 pcr year based on what he earncd as a ceramic tile layer and what he earned at Citicorp, C, Non Economic Damagcs Of course, Mr, Joncs' darnages are not limitcd to his medical expenses and lost earnings and earning capacity. Mr, Jones had becn a vcry active man prior to his back injury, He enjoyed many activities, especially golf, In Dr, Herr-Paul's rcport of July 28, 1999. she states that Mr, Joncs has 7 been curtailed with regards to his lifelong hobby and he is only ablc to play it in a limited fashion. Overall, Mr, Jones' back injury has severely limited him in his ability to engage in many activities. Also, a revicw of Mr, Jones' extensive medical history set forth above illustrates a man who has undcrgonc considcrablc pain and suffering since the April 29, 1995 motor vehicle accident. 3. THE ISSUES 1. Was Defendant Francisco Lugo-Pagan negligent in his operation of the tractor trailor that crashed into the rear of Plaintiff Dale Jones' vehicle on April 29, 1995? 2, Was the negligence of Defendant Francisco Lugo-Pagan thc legal cause of thc harm suffered by Plaintiff Dale Joncs? 3, Is Defcndant Carroll Fulmcr & Co. vicariously liablc for thc negligence of its employee, Defendant Francisco Lugo-Pagan? 4. LIST OF WITNESSES Plaintiff Dale Jones will call: 1. Dale Joncs 2. Kimberly Torrance 3, Darrin Jones 4. Cascy Torrance 5. Matthew Smith 6, Dr. Mariannc Herr-Paul 8 7. Francisco Lugo-Pagan 8. Plaintiff Dale Jones reserves the right to call any witness identified by Defendants, 5. EXHIBITS 1. Photographs of vehicles, 2, Medical records of Dale Joncs, 3. Federal Income Tax Returns and earning records for Dale Jones, 4. Summaries of Dale Jones' lost earnings, 5. Plaintiff Dale Joncs rescrves the right to use any cxhibit idcntified by Defendants, 6. STIPULATIONS Plaintiff Dale Joncs requests that the parties agree to the authenticity of his respective exhibits, 7. PARTIES All parties, except Plaintiff Dale Jones have agrced to settlement with Defendants. Defendant Carroll Fulmer is properly known as Carroll Fulmer & Co, as set forth in a signed Stipulation by both partics dated July 27, 1998, 9 ~ ~ ! CIl~ - ... o'd :;: o ",Z_ o::~gg~~ ~O><~~ CIlfl:g:2.. Zit . ffi ~ ~~~~E <0 " Z 0: => 0::- III ~= ~ u .. ~ :: O-{) L\Uf. ~. r iq?~~' l\IIe 2 0 1999 tJI> cD IN TIlE COUItT OF COMMON PLEAS CUMBEItLAND COUNTY, PENNSYLVANIA DARRIN G. JONES, a Minor, by DALE G. JONES and KIMBERLY I. TORRANCE, his Parents and Natural Guardians, DALE G. JONES, individually, CASEY L. TORRANCE, a Minor, by KIMBERLY I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually, No. 97-1984 Civil Action - Law Plaintiffs Jury Trial Demanded v. FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY, and MAGIC TRUCKING SERVICES, INC., Defendants DEFENDANTS' PRETRIAL MEMORANDUM COMES NOW the Defendants, by and through counsel Barley Snyder Senft & Cohen, LLC, to present this Pretrial Memorandum. STATEMENT OF FACTS Many of the facts pertaining to the causation of the auto accident involved in this case arc not in dispute. The dispute arises primarily over the isslle as to whether the accident was a substantial factor or a cause ofthc Plaintiffs claimed injuries. On April 29, 1995, shortly before noon. a tractor-trailer driven by Defendant Fransisco Lugo-Pagan was involved in a low-speed fender-bender with a vehicle driven by the Plaintiff Dale G. Jones. The accident occurred at the intersection ofSR-11 and Rl. 114 in Silver Spring Township, Cumberland County, Pennsylvania. The I'lllintiffwas stopped at the intersection for a red Iighl. The Defendllnt was stopped in his tractor-trailer immediatcly behind the Plaintiff at the Sllme Iighl. When the light changed to grecn, both vehicles began to proceed into the intersection. The Plaintiffs vchicle then braked, whereupon the Defendant struck the rear of the Plaintiffs vehicle. The impact popped the trunk cover slightly out of alignmcnt. A photograph of the Plaintiffs vehicle at the accident scene is attached at Exhibit A. Both vehicles stopped at the scene to exchange insurance and identifying information. The Plaintiff has testified that he has never had the vehicle repaired to this date. DAMAGES The Plaintiff is alleging that as a result of the impact he is disabled by back injuries, and is unable to work any longer as a ceramic tile layer (his former occupation). He is seeking lost wages for approximately two years of unemployment, which he attributes directly to the accidenl. Plaintiff is also seeking compensation based on the "break-up" of his relationship with his live-in girlfriend, Kim Torrance, which he attributes to the accident as wcll. The Defendant's case is premised upon the fact that this was a low-impact collision, with minimal injury, if any, to the Plaintiff. The Defendant will introduce evidence that the Plaintiff was able to engage in rccreational and sporting activities after the time of the accidenl. The Defendant will also establish that the Plaintiffs inability to obtain work was not the result of his injury, but due to his prior poor work history, which would render him unattractive to most employers. Finally, Defendants will need to establish that the break-up of his relationship was due to his unpleasant treatment of Ms. Kim Torrance and her daughter, as opposed to physical ailments from the accident. At the time of the accident, the Plaintiff was in his car with his girlfriend, Kimberly Torrance, her daughter Casey Torrance, and Mr. Jones' son, Darrin Jones. Each of these individual passengers received minor injuries which hllve been settled separately. LEGAL ISSUES OF LIABILITY AND DAMAGES I. Whether the impact was the cause in fact, or a substantial factor in the injuries claimed by Mr. Jones? II. Whether the impact in question was a cause for Mr. Jones to miss approximately two years of work? LEGAL ISSUES OF LIABILITY AND DAMAGES III. Admissibilitv of Testimonv: The Defendants seek a ruling from the Court excluding any testimony regarding injuries claimed to have been suffered by other occupants of the vehicle. Their claims have been resolved through separate settlements, and the injuries they received have no probative value as to any claimed injuries by Mr. Jones. As the Court is aware, each individual has a different susceptibility to injury in an accident, depending upon their health, physical makeup, and position in a vehicle. One person in a vehicle accident may walk away unscathed, while another in that same vehicle is seriously injured. The injuries received by others in this accident could potentially confuse the jury, and lead them to compensate Mr. Jones excessively based on injuries to others, rather than based upon the facts and damages of his case alone. IDENTITY OF WITNESSES TO DE CALLED 1. Kimberly Torrance (vehicle occupant). 2. Casey Torrance (vehicle occupant). 3. Matthew Smith (vehicle occupant) 4. Fransisco Lugo-Pagan (truck driver) 1. Photographs taken at the accident scene by Fransisco Lugo-Pagan. , , I f " EXHIDIT LIST 2. Medical records provided by Plaintiff in the course of Discovery, including work excusal records. 3. Defendant's tax retums. i "I i 4. Defendant Fransisco Lugo-Pagan's driving records with Carroll Fulmer Trucking Co. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS No negotiations arc currently underway. The last development was that Plaintiffs counsel was going to obtain additional authority from Plaintiff for further discussions, but was unable to obtain authority. A mediation is scheduled for August 27, 1999 to attempt to reach settlement. Respectfully submitted, /;2~ ~ai r0re i1cock, Esquire rtl.D. No. 48344 arley, Snyder, Senft & Cohen, LLC 100 East Market Street P. O. Box 15012 York, PA 17405-7012 Attorneys for Defendants . P h 5 4 'l'l'j,- E i?'3 ~. Certified Mail Receipt 4t No Iflsuranc~ Cove/ago Provided :tl"'iSO~f~~~llt11dt'f~<!&" ''''}~l ~t-Sep.q f Carroll Fulrrer Trucking ~oI"'f" ,\ r Ie P.O. Box 5000 ro. Sr.".. ,\ Ill' C'."I Groveland, FL 34736-5000 $ PIl~IJil" Cttt1"'edft'tJ ~'Il('C'JI O"h~",,., 11'11 fhlllrocr""~'I'Vf>rVf"'I! nlJlu'n n''<f',pl Sho.."lg ~ 10 Wr.o". & Doll" D..h~..",oJ \l! ~ c " .., ci ~ PottlTld'.o UZ, '" u' E iJ, & Ifj ll. ~I; ,,' . .\ ." '-----" E R: .. CompIet. It.m. 1 endlo, 2 'or IddltloOlI I,Nk... . CompIIt.lt.ml 3. snd 4. 6 b. . PrInt you, Mm. .nd ldelr... on the rlvsr.1 ot tN. form .0 that w. c.n ,,111m tN. c.rd to 'tou. . Att.ch thlt rarm 10 Ih. fronl ot 1M m&ilPMoCI, 0' on Ih. blck If 'PIC. do.. not p.rmh. . Writ. "R..um RKlJpt R.qullted" 0f11N mlllP'tct below the ItticM number . The Rllum R'c.lpt Ft, will prOVJdIl you tM .IgMtufI 01 the ~t.on dlllvl,. to and the dltl 0' d.Uve . 3. Artlcl. Addr....d to: President, or Authorized Per to lIccept Service of' Carroll rul1rer Trucking Co:S.. P.O. Box 5000 Groveland, FL 34736-5000 \ I .110 wllh 10 ree.lvo lh. lollowlng l.rYlC.' lIor .n ..lro . f..I: . 1. 0 Addr....... 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TORRANCE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAN:J COUNTY, PENNSYLVANIA NO: 97-1984 .'I,;~ CIVIL ACTION - LAW v. FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY and MAGIC TRUCKING SERVICE, INC., Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA DAL,rtl,,\! COUNTY OF CUMBERLAND SS. AND NOW, this 11th day of August, 1997, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Cathleen A. Kohr, who, being duly sworn according to law, deposes and says that she is the legal assistant for Stephen M. Greecher, Jr., who is the attorney for the Plaintiffs and that she mailed the Reissued Writ of Summons on August 5, 1997,to Fransisco Lugo-pagen, or Authorized Agent to Accept Service, c/o Carroll Fulmer Trucking Company, P.O. Box 500, Groveland, Florida 34736, by Certified Mail No. P 654 991 227, restricted delivery, return receipt requested, and the same was received by an agent as indicated by the Return Receipt Card, which is attached hereto. " //j' / (I '~ (' L I,.. ,y'. " FLU I,. ):' l."-- Cathleen A. Kohr SWORN TO AND SUBSCRIBED before me, this II~ th day of August, 1997. , '11'i,l,,,J"/1., ii, /)rtlr",~\.(,.' ,J Nota 'c ]1 J.,cQUolyn A lNOI"""1 Seal H .Olflf"fl'J'Il'r tl I ,." ilrrl~bu'9. n, I'" n ;HV pl/h!rc 1y COflrfT~;s("i()tl r ItJp 1'1, LOll'1r.,. , ~~'Jtr"-,J;"I'~":<lr'Ci ^,kntl('1 fJl'Ilr.' ""', __ ~-. . . q)' i11'l.:Ji\~.>:/X.ll::;i7i~1 . I':"::mo~ #",.. .' , ,'''- I "-. SENDER: I I I h I th . COn\pIetl llem. 1 and/or 2 for IddlUoMI ..rvk:t" . 10 W 1 to r.ee v. . · . CompIoto Itom. 3. and .. . b. following ..rvlc.. liar .n extra . Prlnt your NfftI and 1Iddf.., on the nVlr.. of thll form 10 thlt Wt ctn f.e}: ntum tN. urd to you. . 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No Insurance Covcrage Provided ___ 00 nol use lor Intornalional Mail ':'-:=:::J'.r~l (Sce Aeverse) ans~sco ugo- agan, or Authorized Agent to Accept 'Set'Vice C 0 Carroll FulJrer Truckin '1' ;O~' BCl)["500 1'1l\1,1l}U Cl'!1,I,..d r.,c ~;l'f't ,<41 [l,'I.~"'y f.'1> o '" ~ .-'5 10 '" c ~ .., ci o co M E & Ul a. ~ C") ,- If; 1__ r:~ " 111~! C,, '.... J: O..~ ..~ . " r-l . t--! . Lt. ~ --:.i ~r .- ''-J ,','} r::, j" J ? ('.: , IT~ 1.1-" ,11;!"J ~ j~: ::-..' ,ld.. ft'..( ", r- ::-j 0 (7' U z 0( Cl '" o ::e ~~ ~ '" 00( j~ ci 0: _ !t .. '" ::c ~ ! 101 E a e ~! ~ E ~ ~ d )< ~ ,... u: ~ ~ ;::: = . ~ ~ ~ 0 w 0 ~ a.: Co :3: Z Ii'" . ~ i ~ ~ . . < :: . .... ~ ........... .-' .- (JI fi- t- ~. I.: IJ 1("" "I ..~ 0 1-( " .. '- " (', ~j /, Llf" ~,") (oi) UI' o. I !.~ ,.;.lr' II(Q t..! ::.J [- - ) lie:.. "- r-, .I C) C' 0 :z: ~ ~ I .... N_ .,.:0 = ~ ~ all Vi '" ~ ! N ~ ::8 ~ ~ .... 0 II( > .... o ~ u: c8 ~;:: ~ 0( = . ;r. w j~..O~~ CI) a c.: Q., z . Z d ~ Q = ~ w 0: . I- o ~ ... . .. . '" < ::c :: "- -. . ..... . , CLAIRE F. BECKWITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALL AMERICAN AUTO\TRUCK PLAZA, INC., t/d/b/a ALL AMERICAN TRUCK STOP GROUP, a/k/a ALL AMERICAN PLAZAS, INC., Defendant CIVIL ACTION - LAW V5. No. 97-2003 JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Claire F. Beckwith, by and through her attorneys, MacIntyre & MacIntyre, and respectfully answers as follows: 22. Denied. Plaintiff's injuries and damages were caused by those factors set forth in, or reasonably inferred from, the averments of Plaintiff's complaint and not from the existence of any pre-existing conditions. Strict proof to the contrary is demanded at trial. 23. Denied. This allegation states a conclusion of law to which no response is required. To the extent that an answer may be necessary, the same is specifically denied and strict proof demanded at trial. 24. Denied. Defendant's conduct, as set forth in Plaintiff's complaint, was a substantial factor in the occurrence of Plaintiff's injuries. Strict proof to the contrary is demanded at trial. 25. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests that judgment be granted as set forth in Plaintiff's Complaint. Respectfully submitted, By 6000 Linglestown Road P.O. Box 6656 Harrisburg, PA 17112 (717) 652-9485 1.0. # 36817 I , f i I I ,~ ~ '- ..... h' c-; ~-, -' t:"~ ..< 11.l~": '... C1(-.:. , L) < ) o'.~ !'-, ., '. ..... ","'j y'- I. ">.. fa' '.-) '{i) '( I -i:~ _I, ,--.' l'- , , ' ' 1 ~.Ij rh :: :.: ~ u.. 'L I.'. ~] 0 O' U ,.. 0 1I/ W N 0: III III ~ ;: ~ Z N t: U ~ 10 ,.. 2 < j III :E ~ 10 ~ 10 dj ~ )( d III w~~ 0: 'fl OJ <!> 0: 0 ' ID N ~~q Ul ii: III .. Q. 0: III Z .. ;: J: U t: < '" z :E 0 t ~ I- . .. ... ..," /UBr2/wp/Blb/comp/jones,rear,car . .. .. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DARRIN G. JONES, a Minor, by DALE G. JONES and KIMBERLY I. TORRANCE, his Parents and and Natural Guardians, DALE G. JONES, Individually, CASEY L. TORRANCE, a Minor, by KIMBERLY I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually NO. 97-1984 civil Action - Law VB. FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY and MAGIC TRUCKING SERVICE, INC. / Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages/ you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 /uor2/wp/olb/comp/jonco.rear.car DARRIN G. JONES, a Minor, by DALE G. JONES and KIMBERLY I. TORRANCE, his Parents and and Natural Guardians, DALE G. JONES, Individually, CASEY L. TORRANCE, a Minor, by KIMBERLY I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually NO. 97-1984 04 I , f I I i , I I ~'I : I . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law vs. FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY and MAGIC TRUCKING SERVICE, INC., Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Darrin G. Jones, is a minor and resides with Dale Jones and Kimberly Torrance, his parents and natural guardians, at 354 Ronald Drive, Greencastle, Pennsylvania, 17225. 2. Plaintiff, Dale Jones, is an adult individual who resides at 354 Ronald Drive, Greencastle, Pennsylvania, 17225. 3. Plaintiff, Casey L. Torrance, is a minor and resides with Kimberly I. Torrance, her parent and natural guardian, at 354 Ronald Drive, Greencastle, Pennsylvania, 17225. 4. Plaintiff, Kimberly I. Torrance, is an adult individual who resides at 354 Ronald Drive, Greencastle, Pennsylvania, 17225. 5. Defendant, Francisco Lugo-Pagan, is an adult individual who resides in Los Angeles, California (hereinafter referred to as Defendant Lugo-Pagan) . 1 ,.... !uor2!wp/olb/comp/janeo.rear.car . . I . 6. Defendant, Carroll Fulmer Trucking Company, is a corporation with its principal place of business located at P. O. Box 5000 Groveland, Florida 34736-5000 (hereinafter referred to as Defendant Carroll Fulmer Trucking Company) . 7. Defendant, Magic Trucking Service, Inc., is a corporation with its principal place of business located at 1100 North Perkins ~~. Street, Appleton, Wisconsin 54914 (hereinafter referred to as Defendant Magic Trucking) . 8. The facts and occurrences as hereinafter stated took place on April 29, 1995, at or about 11: 55 a. m., at the intersection of State Route 11 and Route 114, Silver Spring Township, Cumberland County, Pennsylvania. 9. At all times relevant herein, Defendant Lugo-Pagan was an employee of Defendant Carroll Fulmer Trucking Company and Defendant Magic Trucking, and operated a truck as part of his job duties as an employee of Defendant Carroll Fulmer Trucking Company and Defendant Magic Trucking. 10. At the aforesaid time and place, Plaintiffs Darrin G. Jones, Casey L. Torrance and Kimbely I. Torrance, were passengers in a vehicle, being operated by Plaintiff Dale G. Jones, traveling in a northerly direction on State Route 11. 11. At the aforesaid time and place, Defendant Lugo-Pagan was operating an eighteen wheel Mac); Truck, owned by Defendant Carroll Fulmer Trucking Company and Defendant Magic Trucking, also, in a northerly direction on State Route 11, directly behind the vehicle containing Plaintiffs, Darrin G. Jones, Dale G. Jones, Casey L. Torrance and Kimberly I. Torrance. 2 /uor2/wp/olb/comp/joneo.rear.car . .. 12. At the aforesaid time and place, the vehicle containing Plaintiffs, Darrin G. Jones, Dale G. Jones, Casey L. Torrance and Kimberly I. Torrance, was stopped at a traffic light. 13. At the aforesaid time and place, Defendant Lugo-pagan, operated the eighteen wheel Mack Truck in such a reckless, careless and negligent manner that suddenly and without warning to Plaintiffs, Darrin G. Jones, Dale G. Jones, Casey L. Torrance and Kimberly I. Torrance, Defendant Lugo-pagan failed to stop and violently struck the Plaintiffs' vehicle in the rear. Counts I-III Darrin G. Jones, a Minor 14. As a direct and proximate result of the aforesaid accident, Plaintiff, Darrin G. Jones, suffered severe injuries which include, but are not limited to, the following: a. meralgia paresthetica; b. lateral femoral cutaneous nerve entrapment; c. severe left iliac crest pain; d. pain across his pelvis; e. persistent left hip stiffness; f. pain over the lateral aspect of left thigh with intermittent tingling and numbness; g. buttock pain; h. tingling, numbness, weakness, and pain of left leg; i. tingling, numbness, and pain of left foot; j. contusions, bruises, abrasions and swelling to various other parts of his body. 3 /uor2/wp/olb/comp/jonea.rear.car . 15. As a result of his injuries, Plaintiff, Darrin G. Jones, has suffered physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment and loss of life's pleasures. 16. As a further direct and proximate result of the aforesaid accident and related injuries Plaintiff, Darrin G. Jones, has been damaged as follows: a. He has and may continue to be limited in his normal daily activities; b. He has and may continue to suffer great nervous and emotional distress; c. He has and may continue to suffer impairment to his general health, strength and vitality. 17. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendants Lugo-Pagan, Carroll Fulmer Trucking Company, and Magic Trucking, as stated herein, and was in no manner due to any act or failure to act on the part of the Plaintiff Darrin G. Jones. COUNT I - NEGLIGENCE DARRIN G. JONES, a Minor v. FRANCISCO LUGO-PAGAN 18. Paragraphs 1 through 17 are incorporated herein by reference and made a part hereof. 19. Defendant Lugo-Pagan was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, DarrinG. Jones, as set forth above. 4 /usr2/wp/slb/comp/jonca.rear.car 20. Defendant Lugo-pagan was negligent, careless and reckless in causing the accident by: a. failing to have his vehicle under proper and adequate control at all times; b. failing to apply his brakes or take other evasive action in time to avoid the collision; c. failing to observe the vehicle that the Plaintiff, Darrin G. Jones, was in on the highway and apply his brakes and/or take other appropriate or evasive action to avoid the collision with the vehicle in which the Plaintiff, Darrin G. Jones was in; d. failing to operate his vehicle in accordance with existing traffic conditions; e. failing to pay attention to the traffic, specifically the vehicle that the Plaintiff was in, while operating his vehicle; f. failing to stop his vehicle within an assured clear distance; g. operating his motor vehicle with careless disregard for other persons on the highway, specifically Plaintiff Darrin G. Jones; h. failing to keep a proper and/or reasonable look out ahead for vehicles, specifically the vehicle that Plaintiff, Darrin G. Jones was in; i. failing to operate his vehicle with due regard to the safety and position of the vehicle that Plaintiff was in; 5 . ~. lusr2/wp/alb/comp/joneo.rear.car j. operating his vehicle in violation of the Pennsylvania Motor Vehicle Code. I I , , i ~. WHEREFORE, Plaintiff, Darrin G. Jones, a minor, by Dale G. Jones and Kimberly I. Torrance, his Parents and Natural Guardians, demands judgment of Defendant Lugo-Pagan in an amount not in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. COUlrr II - NEGLIGENCE DARRIN G. JONES, a Minor v. CARROLL FULMER TRUCKING, COMPANY 21. Paragraphs 1 through 20 are incorporated herein by reference and made a part hereof. 22. Defendant Carroll Fulmer Trucking, by and through its agents and employees, including Defendant Lugo-pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Darrin G. Jones, as set forth above. 23. Defendant Carroll Fulmer Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specifically, Defendant Lugo-Pagan, to operate its motor vehicles; b. failing to train and/or hire trained employees, specifically, Defendant Lugo-Pagan, in proper operation of its motor vehicles. 24. Defendant Carroll Fulmer Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by 6 /uor2/wp/alb/comp/jonea.rcar.car , I , Defendant Lugo-pagan at all times relevant hereto pursuant to the Interstate Commerce Act, the regulations thereunder, and other applicable statutes and regulations. 25. Defendant Carroll Fulmer Trucking is vicariously liable for its employees, including Defendant Lugo- Pagan's negligent, careless and ~:. reckless operation of its motor vehicle. WHEREFORE, Plaintiff, Darrin G. Jones, a minor, by Dale G. Jones and Kimberly I. Torrance, his Parents and Natural Guardians, demands judgment of Defendant Carroll Trucking in an amount not in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. COUNT III - NEGLIGENCE DARRIN G. JONES, a Minor v. MAGIC TRUCKING SERVICE, INC. 26. Paragraphs 1 through 25 are incorporated herein by reference and made a part hereof. 27. Defendant Magic Trucking, by and through its agents and employees, including Defendant Lugo-Pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Darrin G. Jones, as set forth above. 28. Defendant Magic Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specifically, Defendant Lugo-pagan, to operate its motor vehicles; 7 /uDr2/wp/Dlb/camp/janco,rcBr,car b. failing to train and/or hire trained employees, specifically, Defendant Lugo-Pagan, in proper operation of its motor vehicles. 29. Defendant Magic Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by Defendant Lugo-Pagan at all times relevant hereto pursuant to the Interstate Commerce Act, the regulations thereunder, and other applicable statutes and regulations. 30. Defendant Magic Trucking is vicariously liable for its employees, including Defendant Lugo-Pagan's, negligent, careless and reckless operation of its motor vehicle. WHEREFORE, Plaintiff, Darrin G. Jones, a minor, by Dale G. Jones and Kimberly I. Torrance, his Parents and Natural Guardians, demands judgment of Defendant Magic Trucking in an amount not in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. Counts IV-VI Dale G. Jones 31. As a direct and proximate result of the aforesaid accident, Plaintiff, Dale G. Jones, suffered severe injuries which include, but are not limited to, the following: a. injuries to his cervical and lumbar spine with accompanying pain; b. shoulder injury and pain; c. back muscle stiffness; d. paravertebral muscle spasm of the lower lumbar region; 8 /uor2/wp/olb/comp/joneo.rcar,car e. paravertebral muscle spasm of the of the mid thoracic region; f. paravertebral muscle spasm of the cervical region; g. membranous articular restriction in the pel vis; h. numbness of the left leg; 1. j. k. 1. somatic dysfunction of the cranium; somatic dysfunction of the cervical spine; somatic dysfunction of the thoracic spine; somatic dysfunction of the lumbar spine; somatic dysfunction of the pelvis; somatic dysfunction of the scacrum; m. n. o. severe contusions, bruises, abrasions and swelling to various other parts of his body. 32. As a result of his injuries, Plaintiff, Dale G. Jones, has suffered and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment and loss of life's pleasures. 33. As a further direct and proximate result of the aforesaid accident and related injuries Plaintiff, Dale G. Jones, has been damaged as follows: a. He has and may continue to be limited in his normal daily activities; b. He has and may continue to suffer great nervous and emotional distress; c. He has and may continue to suffer impairment to his general health, strength and vitality; 9 /usr2/wp/alb/comp/jonco.rear.car d. He has and may continue to be required to spend money for medicine, medical care, chiropractic treatment, nursing, hospital and/or surgical attention, medical appliances and household care for which he claims to the extent permitted by applicable law; e. He has and may continue to suffer loss of earnings and earning capacity for which he claims to the extent permitted by applicable law; f. He has and may continue to suffer other financial losses for which he may otherwise be entitled to recover under applicable law. 34. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendants Lugo-pagan, Carroll Fulmer Trucking Company, and Magic Trucking, as stated herein, and was in no manner due to any act or failure to act on the part of the Plaintiff Dale G. Jones. COUNT IV - NEGLIGENCE DALE G. JONES v. FRANCISCO LUGO-PAGAN 35. Paragraphs 1 through 34 are incorporated herein by reference and made a part hereof. 36. Defendant Lugo-pagan was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Dale G. Jones, as set forth above. 37. Defendant Lugo-Pagan was negligent, careless and reckless in causing the accident by: 10 !uor2!wp!olb!comp!jonco.rcar.car a. failing to have his vehicle under proper and adequate control at all times; b. failing to apply his brakes or take other evasive action in time to avoid the collision; c. failing to observe the vehicle that the Plaintiff, Dale G. Jones, was in on the highway and apply his brakes and/or take other appropriate or evasive action to avoid the collision with the vehicle in which the Plaintiff, Dale G. Jones was in; d. failing to operate his vehicle in accordance with existing traffic conditions; e. failing to pay attention to the traffic, specifically the vehicle that the Plaintiff, Dale G. Jones, was in while operating his vehicle; f. failing to stop his vehicle within an assured clear distance; g. operating his motor vehicle with careless disregard for other persons on the highway, specifically Plaintiff, Dale G. Jones; h. failing to keep a proper and/or reasonable look out ahead for vehicles, specifically the vehicle that Plaintiff, Dale G. Jones waD in; i. failing to operate his vehicle with due regard to the safety and position of the vehicle that Plaintiff was in; j. operating his vehicle in violation of the Pennsylvania Motor Vehicle Code. 11 /uor2/wp/olb/comp/joncn,rcnr.Co1r WHEREFORE, Plaintiff, Dale G. Jones, demands judgment of Defendant Lugo-pagan in an amount in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. COUNT V - NEGLIGENCE DALE G. JONES v. CARROLL FULMER TRUCKING, COMPANY 38. Paragraphs 1 through 37 are incorporated herein by reference and made a part hereof. 39. Defendant Carroll Fulmer Trucking, by and through its agents and employees, including Defendant Lugo-Pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Dale G. Jones, as set forth above. 40. Defendant Carroll Fulmer Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specifically, Defendant Lugo-Pagan, to operate its motor vehicles; b. failing to train and/or hire trained employees, specifically, Defendant Lugo-pagan, in proper operation of its motor vehicles. 41. Defendant Carroll Fulmer Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by Defendant Lugo-Pagan at all times relevant hereto pursuant to the Interstate Commerce Act, the regulations thereunder, and other applicable statutes and regulations. 12 /uor2/wp/olb/comp/joneo,rear,car 42. Defendant Carroll Fulmer Trucking is vicariously liable for its employees, including Defendant Lugo-Pagan's, negligent, careless and reckless operation of its motor vehicle. WHEREFORE, Plaintiff, Dale G. Jones, demands judgment of Defendant Carroll Trucking in an amount in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. COUNT VI - NEGLIGENCE DALE G. JONES v. MAGIC TRUCKING SERVICE, INC. 43. Paragraphs 1 through 42 are incorporated herein by reference and made a part hereof. 44. Defendant Magic Trucking, by and through its agents and employees, including Defendant Lugo-pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the severe injuries of Plaintiff, Dale G. Jones, as set forth above. 45. Defendant Magic Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specifically, Defendant Lugo-pagan, to operate its motor vehicles; b. failing to train and/or hire trained employees, specifically, Defendant Lugo-Pagan, in proper operation of its motor vehicles. 46. Defendant Magic Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by Defendant Lugo-Pagan at all times relevant hereto pursuant to the Interstate 13 ", /uor2/wp/olb/comp/joneo,rcar,cnr Commerce Act, the regulations thereunder, and other applicable statutes and regulations. 47. Defendant Magic Trucking is vicariously liable for its employees, including Defendant Lugo-Pagan's, negligent, careless and reckless operation of its motor vehicle. WHEREFORE, Plaintiff, Dale G. Jones, demands judgment of Defendant Magic Trucking in an amount in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. Counts VII-IX Casey L. Torrance, a Minor 48. As a direct and proximate result of the aforesaid accident, Plaintiff, Casey L. Torrance, suffered severe injuries which include, but are not limited to, the following: a. cervical pain and stiffness; b. headaches; c. dizziness; d. shoulder pain and stiffness; e. numbness and tingling in legs; f. contusions, bruises, abrasions and swelling to various other parts of her body. 49. As a result of her injuries, Plaintiff, Casey L. Torrance, has suffered physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment and loss of life's pleasures. 14 /usr2/wp/ulb/comp/joflt!o. f"lMr. C.U 50. As a further direct and proximate result of the aforesaid accident and related injuries Plaintiff, Casey L. Torrance, has been damaged as follows: a. She has and may continue to be limited in her normal daily activities; b. She has and may continue to suffer great nervous and emotional distress; c. She has and may continue to suffer impairment to her general health, strength and vitality. 51. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendants Lugo- Pagan, Carroll Fulmer Trucking Company, and Magic Trucking, as stated herein, and was in no manner due to any act or failure to act on the part of the Plaintiff, Casey L. Torrance. COUNT VII - NEGLIGENCE CASEY L. TORRANCE, a Minor v. FRANCISCO LUGO-PAGAN 52. Paragraphs 1 through 51 are incorporated herein by reference and made a part hereof. 53. Defendant Lugo-Pagan was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Casey L. Torrance, as set forth above. 54. Defendant Lugo-pagan was negligent, careless and reckless in causing the accident by: 15 /uor2/wp/olb/comp/joneo.rear.car a. failing to have his vehicle under proper and adequate control at all times; I I c. failing to observe the vehicle that the Plaintiff, I , I I ,., I b. failing to apply his brakes or take other evasive action in time to avoid the collision; Casey L. Torrance, was in on the highway and apply his brakes and/or take other appropriate or evasive action to avoid the collision with the vehicle in which the Plaintiff, Casey L. Torrance was in; d. failing to operate his vehicle in accordance with existing traffic conditions; e. failing to pay attention to the traffic, specifically the vehicle that the Plaintiff, Casey L. Torrance, was in while operating his vehicle; f. failing to stop his vehicle within an assured clear distance; g. operating his motor vehicle with careless disregard for other persons on the highway, specifically Plaintiff, Casey L. Torrance; h. failing to keep a proper and/or reasonable look out ahead for vehicles, specifically the vehicle that Plaintiff, Cas€y L. Torrance was in; i. failing to operate his vehicle with due regard to the safety and position of the vehicle that Plaintiff was in; j. operating his vehicle in violatior. of the Pennsylvania Motor Vehicle Code. 16 /uor2/wp/nlb/comp/jonco.rear.car WHEREFORE, Plaintiff, Casey L. Torrance, a minor, by Kimberly I. Torrance, her Parent and Natural Guardian, demands judgment of Defendant Lugo-Pagan in an amount not in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. v. ~OUNT VIII - NEGLIGENCE CASEY L. TORRANCE, a Minor CARROLL FULMER TRUCKING, COMPANY 55. Paragraphs 1 through 54 are incorporated herein by reference and made a part hereof. 56. Defendant Carroll Fulmer Trucking, by and through its agents and employees, including Defendant Lugo-pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Casey L. Torrance, as set forth above. 57. Defendant Carroll Fulmer Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specifically, Defendant Lugo-Pagan, to operate its motor vehicles; b. failing to train and/or hire trained employees, specifically, Defendant Lugo-Pagan, in proper operation of its motor vehicles. 58. Defendant Carroll Fulmer Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by Defendant Lugo-Pagan at all times relevant hereto pursuant to the 17 /uor2/WP/Blb/comp/10nco,rear,car Interstate commerce Act, the regulations thereunder, and other applicable statutes and regulations. 59. Defendant carroll Fulmer Trucking is vicariouslY liable for its employeeS, including Defendant Lu9o-pagan's, negligent, carelesS and reckless operation of its motor vehicle. WHEREFORE, plaintiff, Casey L. Torrance, a minor, by Kimberly I. Torrance, her parent and Natural Guardian, demands judgment of Defendant carroll Trucking in an amount not in excesS of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. coUNT IX - NEGLIGENCE CASEY L. TORRANCE, a Minor v. MAGIC TRUCKING SERVICE, INC. 60. paragraphS 1 through 59 are incorporated herein by reference and made a part hereof. 61. Defendant Magic Trucking, by and through its agents and employeeS, including Defendant Lugo- Pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by plaintiff, Casey L. Torrance, as set forth above. 62. Defendant Magic Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specificallY, Defendant Lu9o-pagan, to operate its motor vehicles; 18 /uor2!wp/ nIb/comp/Jonco. rear. car b. failing to train and/or hire trained employees, specifically, Defendant Lugo-Pagan, in proper operation of its motor vehicles. 63. Defendant Magic Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by Defendant Lugo-Pagan at all times relevant hereto pursuant to the Interstate Commerce Act, the regulations thereunder, and other applicable statutes and regulations. 64. Defendant Magic Trucking is vicariously liable for its employees, including Defendant Lugo-Pagan's, negligent, careless and reckless operation of its motor vehicle. WHEREFORE, Plaintiff, Casey L. Torrance, a minor, by Kimberly I. Torrance, her Parent and Natural Guardian, demands judgment of Defendant Magic Trucking in an amount not in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. Counts X-XII Kimberly I. Torrance 65. As a direct and proximate result of the aforesaid accident, Plaintiff, Kimberly I. Torrance, suffered severe injuries which include, but are not limited to, the following: a. cervical spine injury, pain, and stiffnese; b. paracervical muscle spasm; c. persisent headaches; d. pain and tenderness of wrist; e. shoulder injuries, pain, and stiffness; 19 /uor2/wp/olb/comp/jonco .l"ellr. car f. pain in chest and sternum area; g. somatic dysfunction of the cervical and thoracic spine; h. somatic dysfunction of the thoracic rib area; i. somatic dysfuction of the right upper extremity; j . intermit tent numbness in hands and feet; k. severe contusions, bruises, abrasions and swelling to various other parts of her body. 66. As a result of her injuries, Plaintiff, Kimberly I. Torrance, has suffered and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment and loss of life's pleasures. 67. As a further direct and proximate result of the aforesaid accident and related injuries Plaintiff, Kimberly I. Torrance, has been damaged as follows: a. She has and may continue to be limited in her normal daily activities; b. She has and may continue to suffer great nervous and emotional distress; c. She has and may continue to suffer impairment to her general health, strength and vitality; d. She has and may continue to be required to spend money for medicine, medical care, chiropractic treatment, nursing, hospital and/or surgical attention, medical appliances and household care for which she claims to the extent permi t ted by applicable law; 20 /uDr2/wp/olb/comp/jonca.rear.car e. She has and may continue to suffer other financial losses for which she may otherwise be entitled under applicable law. 68. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendants Lugo-Pagan, Carroll Fulmer Trucking Company, and Magic Trucking, as stated herein, and was in no manner due to any act or failure to act on the part of the Plaintiff, Kimberly I. Torrance. COUNT X - NEGLIGENCE KIMBERLY I. TORRANCE v. FRANCISCO LUGO-PAGAN 69. Paragraphs 1 through 68 are incorporated herein by reference and made a part hereof. 70. Defendant Lugo-Pagan was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Kimberly I. Torrance, as set forth above. 71. Defendant Lugo-Pagan was negligent, careless and reckless in causing the accident by: a. failing to have his vehicle under proper and adequate control at all times; b. failing to apply his brakes or take other evasive action in time to avoid the collision; c. failing to observe the vehicle that the Plaintiff, Kimberly I. Torrance, was in on the highway and apply his brakes and/or tnke other appropriate or evasive 21 /uar2/wp/alb/comp/joneo.rear.car action to avoid the collision with the vehicle in which the Plaintiff, Kimberly I. Torrance was in; d. failing to operate his vehicle in accordance with existing traffic conditions; e. failing to pay attention to the traffic, specifically the vehicle that the Plaintiff, Kimberly I. Torrance, was in while operating his vehicle; f. failing to stop his vehicle within an assured clear distance; g. operating his motor vehicle with careless disregard for other persons on the highway, specifically Plaintiff, Kimberly I. Torrance; h. failing to keep a proper and/or reasonable look out ahead for vehicles, specifically the vehicle that Plaintiff, Kimberly I. Torrance was in; i. failing to operate his vehicle with due regard to the safety and position of the vehicle that Plaintiff was in; j. operating his vehicle in violation of the Pennsylvania Motor Vehicle Code. WHEREFORE, Plaintiff, Kimberly I. Torrance, demands judgment of Defendant Lugo-Pagan in an amount in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. 22 /uor2/wp/olb/comp/jonco,rcar,car COUNT XI - NEGLIGENCE KIMBERLY I. TORRANCE v. CARROLL FULMER TRUCKING, COMPANY 72. Paragraphs 1 through 71 are incorporated herein by reference and made a part hereof. 73. Defendant Carroll Fulmer Trucking, by and through its agents and employees, including Defendant Lugo-pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Kimberly I. Torrance, as set forth above. 74. Defendant Carroll Fulmer Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specifically, Defendant Lugo-Pagan, to operate its motor vehicles; b. failing to train and/or hire trained employees, specifically,DefendantLugo-Pagan, in proper operation of its motor vehicles. 75. Defendant Carroll Fulmer Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by Defendant Lugo-pagan at all times relevant hereto pursuant to the Interstate Commerce Act, the regulations thereunder, and other applicable statutes and regulations. 76. Defendant Carroll Fulmer Trucking is vicariously liable for its employees, including Defendant Lugo-Pagan's, negligent, careless and reckless operation of its motor vehicle. 23 IUDr~/wp/olb/camp/joneD.rear.car WHEREFORE, Plaintiff, Kimberly I. Torrance, demands judgment of Defendant Carroll Trucking in an amount in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. v. COUNT XII - NEGLIGENCE KIMBERLY I. TORRANCE MAGIC TRUCKING SERVICE, INC. 77. Paragraphs 1 through 76 are incorporated herein by reference and made a part hereof. 78. Defendant Magic Trucking, by and through its agents and employees, including Defendant Lugo-pagan, was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries and damages suffered by Plaintiff, Kimberly I. Torrance, as set forth above. 79. Defendant Magic Trucking was negligent, careless and reckless in causing the accident by: a. failing to hire competent employees, specifically, Defendant Lugo-pagan, to operate its motor vehicles; b. failing to train and/or hire trained employees, specifically, Defendant Lugo-Pagan, in proper operation of its motor vehicles. 80. Defendant Magic Trucking is a common carrier and as such is fully responsible for the operation of its motor vehicle by Defendant Lugo-Pagan at all times relevant hereto pursuant to the Interstate Commerce Act, the regulations thereunder, and other applicable statutes and regulations. 24 luar2/wp/olb/comp/ionco. reur. c.u 81. Defendant Magic Trucking is vicariously liable for its employees, including Defendant Lugo-Pagan's, negligent, careless and reckless operation of its motor vehicle. WHEREFORE, Plaintiff, Kimberly I. Torrance, demands judgment of Defendant Magic Trucking in an amount in excess of the jurisdictional amount requiring arbitration referral by local rule, plus interest, damages for delay, and costs of this proceeding. COUNT XIII - CHILDRENS' MEDICAL EXPENSES DALE G. JONES and KIMBERLY I. TORRANCE, as the Parents and Natural Guardians of DARRIN G. JONES, a minor, and KIMBERLY I. TORRANCE, as the Parent and Natural Guardian of CASEY L. TORRANCE, a minor v. FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY and MAGIC TRUCKING SERVICE, INC. 82. Paragraphs 1 through 81 are incorporated herein by reference and made a part hereof. 83. Plaintiffs, Dale G. Jones and Kimberly I. Torrance are the parents and natural guardians of Darrin G. Jones, a minor child seven years old at the time of the aforesaid incident. 84. Plaintiffs' child was injured and as a result Plaintiffs, Dale G. Jones and Kimberly I. Torrance incurred and may in the future incur various expenses including, but not limited to medical expenses for their son's medical treatment and other care and treatment for the injuries he sustained for which they claim herein to the extent permitted by applicable law. 25 VERIFICATION Dal!1~J ~ I, the undersigned, Dale G. Jones, acknowledge that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa, C.S.A. Section 4904 relating to unsworn falsification to authorities. ii , I VERIFICATION I, the undersigned, Kimberly I. Torrance, acknowledge that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa, C.S.A. Section 4904 relating to unsworn falsification to authorities. .& 1.#0 ~. ~, Kim erly I. orrance VERIFICATION I, the undersigned, Casey L. Torrance, acknowledge that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa, C.S.A. Section 4904 relating to unsworn falsification to authorities. ~. i_f:~ 1,--: Ill' e) I II.' crl: (, l;. . I ,'- , ,. . .. . . ., e; ~,- (.'; I.'; r-- I.:;" (: " , -:1 , , z < ! 0 " 0 ~ ~ ::E w !: e e o'i:l III '" < .. ;: If j:: g .. < K > 0- W 0"&::.8 > ;:: ~ < ~ . ~ w 7- 7. j ~ " C! w 0 <IlOo. 0. z . Z d ~ C " ~ = il w " t- O . ... " 0. " < ... :: ::c: . . . ,'.. . v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DARRIN G. JONES, a Minor, hy DALE G, JONES and KIMBERLY I. TORRANCE. his Parcnts and Natural Guardians, DALE G. JONES, individually, CASEY L. TORRANCE, a Minor, by KIMBERLY I. TORRANCE, hcr Parcnt and Natural Guardian, llnd KIMBERLY I. TORRANCE, Individually, No. 97-1984 Civil Action - Law Plaintiffs Jury Trial Demanded v, FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY. amI MAGIC TRUCKING SERVICES. INC,. Dcfendants NOTICE TO PLEAD You are hereby notified to file a written response 10 the New Matter contained in the enclosed Answer and New Matter to Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, BARLEY SNYDER SENFT & COHEN /t?~ Cr' i' , frcbilcock. Esquirc Court I.D. No. 48344 100 East Market Street P. 0, Dox 15012 York. PA 17405-7012 Attorneys for Defcndants , 60875.1 5, Denied. Mr. Lugo-I'agan is a resident of Florida. By way of further answer, Defendant Lugo-Pagan .lnswcrs that his name is correctly spclled in paragraph 5 but misspelled in the caption. 6. Denied. No corporate entity known as Carroll Fulmer Trucking Company cxists. An entity known as Carroll Fulmer Trucking Corporation, a Florida Corporation, cxists. 7. Denied. Defendant Magic Trucking Services, Inc. has its principal place of business in Groveland, Florida. 8. Denied. Defendants deny the facts and occurrences as "hereinafter stated" as describcd by Plaintiff, and accordingly this averment that thcse "facts llnd occurrences" occurrcd at any time or placc are expressly denied. 9. Denied. Answer 6 is incorporated by refcrence. Further, Mr. Lugo,Pagan was thc employee of an entity named Carroll-Fulmer Payroll, Inc. at the time of the alleged accident. He was not an employee of Magic Trucking Services, Inc., nor of Carroll Fulmer Trucking Company. 10. Denied. After reasonable investigation, Defendants lire without basis to admit or deny the truth of the averment. Accordingly, it is denied with proof demanded at trial. The number and identification of the passengers in the vehicle is a fact in dispute. II. Denied. It is admitted thut Defendant Lugo-Pagan was operating a truck on April 29, 1995 at or about II :55 a,m. at the intersection of State Route III and Route 114. All other charactcrizations and descriptions are denicd. Answers 6. 9 and 10 are ineorporated herein by reference. 2 12. Denied. Answer 10 is incorporated herein by reference. 13. Denied. Answer 10 is incorporated herein by reference. 14. (a)'(j) Denied. 15. Denied, 16. Denied. 17. Denied. 18. No response required. 19. Denied as a conclusion of law to which no response is required. 20 (a-j) Denied. 21. No answer required. 22. Denied. Answer 9 is incorporated herein by reference. 23, Denied. 24. Denied. 25. Denied. Answer 9 is incorporated herein by reference. 26, No response required. 27. Denied. 28. Denied. Answer 9 is incorporated herein by reference. 29. Denied. Answer 9 is incorporated herein by reference, 30. Denied, Answer 9 is incorporated herein by reference. 31. Denied, 32. Denied. 33. Denied. 3 34. Denied. 35. No response rcquired. 36. Denied. 37. Denied. 38. No response required. 39. Denied. Answer 9 is incorporatcd hcrein by refcrence. 40. Dcnied. Answcr 9 is incorporatcd hercin by rcfercncc. 41. Denied. Answer 9 is incorporated hcrein hy refcrcncc. 42. Denied. 43. No response rcquired. 44, Denied. 45. Denied. 46. Denied. 47. Denied. 48. Denied. 49. Denied. 50. Denied. 51. Denied. 52. No response rcquired. 53, Denied. 54. (a)-(j) Dcnied. 55. No rcsponse required, 4 . ..}.... . 56. Denied. Answer 9 is incorporatcd hcrcin by rcfcrcnce. 57. Denied. Answer 9 is incorporated hercin by rcfcrcncc. 58. Denied. Answer 9 is incorporatcd hercin by rcfcrencc, I I 59. Denied, Answer 9 is incorporated hercin by refcrencc. I 60. No responsc rcquired. 61. Denied, Answer 9 is incorporated herein by rcference. 62. Denied. Answer 9 is incorporated herein by rcference. 63, Denicd. Answer 9 is incorporated herein by rcfcrence. 64. Denied. Answer 9 is incorporated herein by reference. 65. Denied. 66. Denied. 67. Denied. 68. Denied. 69. No response required. 70. Denied. 71. Denied. 72. No response rcquired. 73. Denied. Answer 9 is incorporated herein by reference. 74. Denied. Answer 9 is incorporated herein by reference. 75. Denied. Answer 9 is incorporated herein by reference. 76. Denied. Answer 9 is incorporated herein by reference. 77. No response requircd. 5 78. Denied, Answcr 9 is incorporaled hercin by refercncc. 79. Denied. Answer 9 is incorpomted hcrcin hy refercnce. 80. Denied. Answer 9 is incorporated hercin hy rcfcrencc. 8!. Denied. Answcr 9 is incorporaled herein hy refcrcnce. 82. No response required. 83. Denied. 84. Denied. 85. Denied. 86. Denied. NEW MATTER I. Plaintiffs' claims are barred by the applicablc two-ycar StatUlc of Limitations. 2. Plaintiffs havc failed to bring suit against Mr. Lugo-Pagan's cmployer, and thus claims for negligent hiring/supervision/training should bc dismisscd. 3. Magic Trucking Services, Inc. has no role in hiring. tmining, or supcrvising Mr. Lugo-Pagan. This entity is only the owner of thc truck in question. 4. There were only three (3) occupants of the vchicle alleged hy Plaintiff to have been hit by Mr. Lugo-Pllgan. 5. Damage to Plaintiffs' vehicle was pre,cxisling. 6. Plaintiffs' injuries and damage. if any. were the sole result of thc comparative negligence of Dale G. Jones, 7. Plaintiffs' chlims arc barred by the Pennsylvania Comparative Ncgligence Act. (, VERIFICATION I verify that thl: stateml:nts madl: in this Answer to Complaint arl: true and corre~t. understand that false stateml:nts herein are madl: subject to the penaltil:s of 18 Pa, C.S. 94904, rl:lating to unsworn falsitication to authorities. Date: 2~ 7- c;g 8 ,j VERIFICATION Ii !I.. , ~ . , Ii" 'I il !! I verify that the statements made in this Answer to Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~*90*. relating to unsworn t'alsitication 10 authorities. CARROLL FULMER TRUCKING CORPORATION Date: 'ftbttl ()"I ~ 7 I I q98 . . 4 ~r ...--:' ~.. A BY~~ ~rth-_h' ?+'1' .~ 9 VERIFICATION II ~ I I ~j I I I verify that the stalemcnts made in this Answcr to Complaint are true and correCI. underSland thaI false Slalcments herein are made subjecllo the penalties of 18 Pa, C.S. *4904. relating to unsworn falsilicalion to authorities. MAGIC TRUCKING SERVICES. INC. Date: Y'e.bH.\Q'~ 7, 1998 BY:# ~~t>~1o&t6#~~~ ('. ~ ~ III " " ,. CERTIFICATE OF SERVICE I hereby certify that on the /1 day of February, 1998, I served Defendant's Answer to Complaint by depositing the same in the United Slales mail, postage prepaid, at York. Pennsylvania, addressed as follows: ./ /j~~./ ~ 7,/V~ , , C~rebilcock . Stephen M. Greecher, Jr., Esquire HEPFORD, SWARTZ & MORGAN 111 North Front Street POBox 889 Harrisburg, PA 17108-0889 II >- ,... '- ~: : .:1 f-; I 1.,1 c...,; i,.!; I . I ~ . Cl. - , r-; '-:1 " ('.: ii. , ; j I I l,_ U ,~. U -' \J", U ~~ ..-l t1l ~ 0' Z HH . III III ~ III Ul 11<>< k .... ~ ~ Z ~ :I: N t/) 0 .... QJ c:: 0 0 ZZ c:: ..... t1l 0 . V ,.. OZ ..... ~ . '0 :i!E-t .>: <lS t; " ~~ ~ c:: ~ c:: u t ... 0 ..... QJ 0 ~ ~ 0 t1l t1l .... II:Z U " Z ~ N CD 0 III U . ..-l .0: QJ ~H ..-l III W ~ ii .. CD >< . II< II< 0 ..... ... en ... ~ z CD ~E-t t/) I '<l' t/)j .Q u . . ~ CD , ci ~ 0 05 ~ 0 CD :i!~ QJ " < . I Z l!l Cl'I k 0 W . ,. '" E-tO 0 :> ..-l 0 E-t ~ Q ~ 0 en '<l' >- III a: z II:U IJ . H I - U " < z CD :> > l"- t/) Z ... ... 0 00 . 0 Cl'I 80 E-t en Q D- ~ ~~ l!l U ZE-t ~ '" l"- t/) .0: 0\ W a: ..-l Z..-l H 0 011: ..... ..J 0 I"- H t1l U Z Z~ t1l ~ ,. ~ E-t~ II: ~ ~E-t k Z~ II:~ ~E-t U III .o:QJ ~f1i H:> a ~ 0_ \ IUlr/~one8.lorr/plead/rply.new/J.l1.~8:llQ/rJnal ~ DARRIN G. JONES, a Minor, by DALE G. JONES and KIMBERLY I. TORRANCE, his Parents and Natural Guardians, DALE G. JONES, Individually, CASEY L. TORRANCE, a Minor, by KIMBERLY I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA p. Plaintiffs NO. 97:1984 v. FRANCISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY, and MAGIC TRUCKING SERVICES, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 1. Denied. Plaintiffs have filed suit within the applicable Statute of Limitations. 2. Denied. As set forth in the Complaint, Plaintiffs believe, and therefore aver, that suit has been brought against Mr. Lugo-pagan's employer(s) and that Mr. Lugo-pagan was acting as an agent, servant or employee of Defendants in this case who are responsible for hiring, supervising and training Mr. Lugo-Pagan. 3. Denied. As set forth in the Complaint, Plaintiffs believe, and therefore aver, that Mr. Lugo-Pagan was an agent, servant or employee of either or both of the remaining Defendants herein. Therefore, the allegations of Paragraph 3 regarding Magic /ullr/1anI"8, t un /pll"oIl1!1 ply ,new! j. 11- gB ,nlll!f 11...} Trucking Services, Inc.'s role in hiring, training or supervising Mr. Lugo-pagan are denied. As to ownership of the truck, Plaintiffs admit that Defendant Magic Trucking Services, Inc., was an owner of the truck in question, but deny, for the reasons set forth in the Complaint, that Magic Trucking Services, Inc.'s role in this case is only that of owner of the truck. 4. Denied. 5. Denied. 6. The allegations of Paragraph 6 state legal conclusions to which no response is required. To the extent the allegations are deemed factual, the allegations are denied. 7. The allegations of Paragraph 7 state legal conclusions to which no response is required. To the extent the allegations are deemed factual, the allegations are denied. 8. Denied. 9. The allegations in Paragraph 9 state legal conclusions to which no response is required. Further, any error in the naming of the Carroll Fulmer Trucking Defendant is merely technical and immaterial to this matter and subject to amendment of the Complaint. 2 " IU8r/jone8.torr/ple.d/rrly.np~/).11.98:.18/flnal I r. CERTIFICATE OF SERVICE AND NOW, this II:IJ-. day of March, 1998, I, Sharon L. Smith, for the firm of Hepford, Swartz & Morgan, hereby certify that a copy of the foregoing Plaintiffs' Reply to Defendants' New Matter was served by first-class ll. S. Mail, postage prepaid, to the following: Craig T. Trebilcock, Esquire BARLEY SNYDER SENFT & COHEN 100 East Market Street P. o. Box 15012 York, PA 17405-7012 (COUNSEL FOR DEFENDANTS) ~A~X~ Sharon L. dmith '.. f .~ l... .' I.. i:.! , Ill' " , . ( ,. )' f' , .' .. ('j1- (',I /): I.:; " ~ ! t ( .' iiI' . lid, ,,'- I'. I'. m :.'~; L 1 G' I,) z < ! Cl '" 0 t; ;:; ::2 ~ i: " eo'll ~ < ~ III !!l :< ~ ~ .. < 0 ~ > !: ~ " .ll ~ 0< ... .... = , ~ . ~ ~ 0 , , jen " ~ 0 0 a; = c:i z oj ~ " = ~ ~ '" " ... ~ ~ " .. " < "' :I: == I f ,. i , . CERTIFICATE OF SERVICE AND NOW, this 26th day of August, 1998, I, DEBORAH S. BOYER, . for the firm of Tucker Arensberg & Swartz, hereby certify that a copy of the foregoing Stipulation was served by first-class U. S. Mail, postage prepaid, to the following: Craig T. Trebilcock, Esquire BARLEY SNYDER SENFT & COHEN 100 East Market Street P. O. Box 15012 York, PA 17405-7012 ------- / DE . n ," 0 c:: :':,) "11 ;:i : .~: r .) 1 ~'~ ",) .,., ~:J .-1 ;(',0, ".;i .' : ; J' " .. f :.:.1 r...' .... DARRIN G. JONES. n Mi!1or, by DALE G. JONES nnd KIMBERLY I. TORRANCE. his Pnrcnts and Nnturul GUlIrdillns. DALE G. JONES, individually. CASEY L. TORRANCE, a Minor. by KIMBERL Y I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually, Plaintiffs No. 97-1984 IN TilE COURT OF COMMON I'LEAS CUMBEI{LAND COUNTY,I'ENNSYLVANIA Civil Action - Law v. FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY. Jury Trial Demanded and MAGIC TRUCKING SERVICES, INC.. Defcndllnts PRAECIPE To the Prothonotary: (X) Please Mark the above captioned action settled and satisfied OR ( ) Please mark the above captioned judgment or lien settled and satisfied. Datc: /dl'>l~f By: TUCKER ARENSBERG & SWARTZ, formerly HEPFORD, SWARTZ & MORGAN i+li~e Supreme Court No. 36803 III North Front Street P.O. Box 889 Harrisburg, PA 17108,0889 (717) 234-4121 842004.1 n \') C \..., -'" .-' r:" .' -, ., . , '- - , , , " ~ , ., .':' '. " , ~ ,,'J -' I" . .' ,t I t ! payable on the maturity of any such Certificate of Deposit to be deposited in a new Certificate of r Deposit or, at the same financial institution or in any other insured account at said financial 3. Upon payment of the aforesaid sums in the manner above described, Empire institution. Fire and Marine Insurance Company, Fransisco Lugo-Pagan, Carroll Fulmer & Co., Inc. and Magic Trucking Service, Inc. shall thereby be fully released from all claims which Darrin G. Jones, a minor, had against Empire Fire and Marine Insurance Company, Fransisco Lugo-Pagan, Carroll Fulmer & Co., Inc. and Magic Trucking Service, Inc. by reason of the injuries he received in the accident that occurred on April 29, 1995. Petitioners, Dale G. Jones and Kimberly I. Torrance, are hereby authorized on behalf of Darrin G. Jones, a minor, to execute a Release in favor of Empire Fire and Marine Insurance Company, Fransisco Lugo-Pagan, Carroll Fulmer & Co., Inc. and Magie Trucking Service, Inc. J. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OARRIN G. JONES, A Minor, by DALE G. JONES and KIMBERLY I. TORRANCE, his Parents and Natural Guardians, DALE G. JONES, Individually, CASEY L. TORRANCE, A Minor, by KIMBERLY I. TORRANCE, her Parent and Natural Guardian, and KIMBERLY I. TORRANCE, Individually, Plaintiffs NO. 97-1984 CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED FRANSISCO LUGO-PAGAN, CARROLL FULMER TRUCKING COMPANY and MAGIC TRUCKING SERVICE,INC., Defendants PETITION FOR APPROVAL OF SETTLEMENT AND DISTRIBUTION OF PROCEEDS TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioners, Dale G. Jones and Kimberly I. Torrance, parents and natural guardians of Darrin G. Jones, a minor, through their counsel, TUCKER ARENSBERG & SWARTZ, petition this Honorable Court for an Order pursuant to Pennsylvania Rule of Civil Procedure 2039 and respectfully represent as follows: 1. Petitioners, Dale G. Jones and Kimberly I. Torrance are adult individuals who reside in Greencastle, Franklin County, Pennsylvania. They are the parents and naturnI guardians of Darrin G. Jones, a minor (hereinafter referred to as "Minor"), who sustained personal 4 injuries on April 29, 1995, when he was a passenger involved in a motor vehicle accident in Cumberland County, Pennsylvania. The Minor's date of birth is November 9, 1987; and he is currently eleven years old. 2. On the date of the accident, April 29, 1995, the Minor was a back seat passenger in a vehicle being operated by Dale G. Jones. Dale Jones was traveling north on State Route 11 in Silver Springs Township, Cumberland County, Pennsylvania. Mr. Jones was stopped at a traffic light when his vehicle was struck in the rear by a tractor trailer being opemted by Fransisco Lugo-Pagan. The Minor sustained injuries to his low back, hip and thigh. 3. Petitioners, Dale G. Jones and Kimberly I. Torrance, as parents and natura1 guardians of the Minor, brought a personal injury claim against Fransisco Lugo-Pagan, ClIITOlI Fulmer Trucking Company and Magic Trucking Service, Inc. 4. Carroll Fulmer Trucking Company's auto liability insurance carrier, Empire Fire and Marine Insurance Company, have offered to pay Four Thousand Dollars ($4,000.00) for the Minor's claim arising from his injuries. 5. The Petitioners consider the offer of Four Thousand Dollars ($4,000.00) in the proposed release to be a fair settlement and they believe that it is in the best interest of the Minor to accept that offer. 6. All expenses, including all medical expenses, arising from the injuries to the Minor have been paid for by Nationwide Insurance Company. Nationwide Insurance Company is 5 the Petitioners' auto insurance carrier and provided First Party medical benefits on behalf of the Minor as a result of this accident. 7. The Petitioners retained Stephen M. Greecher, Jr., Esquire, of the law firm of Tucker Arensbcrg & Swartz, to represent the Minor and they entered into an agreement with said attorney under which said attorney is to be paid 33-1/3% of any settlement for professional services rendered. However, counsel agrees to accept 25% of the settlement proceeds, One Thousand Dollars ($1,000.00) as the legal fee applicable to this settlement. 8. The injuries sustained by the Minor consisted of injuries to his low back, hip and thigh. The Minor has fully recovered from his injuries and is not expected to need further medical treatment for his injuries. 9. Your Petitioners believe, in light of the facts set forth in this Petition, that a fair, just and equitable distribution of the settlement proceeds of Four Thousand Dollars ($4,000.00) would be as fo\1ows: Restricted bank account in the name of Darrin G. Jones, a Minor, $2,147.27 Tucker Arensberg & Swartz -- Reimbursement for Costs Advanced: Photocopying Charges................... Telephone Charges...................... Postage Charges........................ Facsimile Charges...................... Medical Records........................ Medical Report........................ $149.10 $120.92 $11 \.31 $ 6.50 $214.90 $250.00 $852.73 Total Bills 6 approving distribution of the proceeds as requested herein, and authorizing the execution of a Release by the Minor's parents in favor of Empire Fire and Marine Insurance Company, Fransisco Lugo-Pagan, Carroll Fulmer Co., Ine. and Magic Trucking Service, Inc. Respectfully submitted, By: Stephen M. Greecher Attorney J.D. #36803 I I 1 North Front Street P. O. Box 889 Harrisburg, PAl 7 I 08-0889 (717) 234-4121 Attorneys for Petitioners 6 VERIFICATION Subject to the penalties of 18 Pa, C.S.A. Section 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Petition for Approval of Settlement and Distribution of Proceeds are true and correct to the best of my information, knowledge, and belief. imberly I. To ce Parent and N ral Guardian of Damn G. Jones, A Minor CERTIFICATE OF SERVICE AND NOW, this ~ay of November, 1999, I, Cathleen A. Kohr, for the finn ofTucker Arensberg & Swartz, hereby certify that I, this day, sent the foregoing document through First Class United States Mail, postage prepaid, to the individual addressed and listed below: Craig T. Trebilcock, Esquire BARLEY SNYDER SENFT & COHEN 100 East Market Street P.O. Box 15012 York, PA 17405-7012 By' dllL/I. ilL Cathleen A. Kohr 15384.1 9 Ii: -' a ~. , , t- ., " " ( , I (,: ... ( , , , "',1 .. , - ~l _ I i':. , " Ll c'- , , r ~ ~ ij ~8 ~ C~"'~ ~~gg~~ ~~g~~ ~~~~g o " z '" ~ = I (2 . . .' '- (5) Counsel shall within thirty (30) days of this date file with the Prothonotary and send a copy to chambers proof of compliance with paragraph 4 herein. By the Court, /) Stephen M. Greecher, Jr., Esquire 111 N. Front SI. P.O, Box 889 Harrisburg, PA 17108-0889 For Petitioners John N. Elliott, Esquire 100 E. Market SI. P.O. Box 15012 York, PA 17405 For Defendants _ Ccrf'-'.w~tA. 1~/7lqr;. ,A. f'. :saa I'" r. ... , , ,. i ! .. . IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W DARRIN G. JONES, a Minor, by DALE G. JONES and KIMBERLY I. TORRANCE, his Parcnts and Natural Guardians. DALE G. No. 97-1984 JONES, individually, CASEY L. TORRANCE, a Minor. by KIMBERLY I. TORRANCE, hcr Parcnt and Natural Guardian. and KIMBERLY I. TORRANCE. Individually. Plaintiffs v. FRANSISCO lOGO-PAGAN, CARROLL FULMER TRUCKING COMPANY. and MAGIC TRUCKING SERVICES. INC.. Dcfcndants PRAECIPE To thc Prothonotary: Please mark the docket settled and satisficd in the above-captioned matter. BARLEY, SNYDER, SENFT & COHEN. LLC Dale:~/ IL ,2000 100 East Market Street P. O. Box 15012 York, PA 17405-7102 (717) 846-8888 1.I1.201l1l/JNI'/KM..lJIU .!)(){' (') 0 Cl ~.. 0 --;1 -:: r~~ .- , ;0..::- ",1 {fli; ~ '.::.: 'r- 0-' i'_.'- -n':" ;'f, -, UI- vO "1' ~t.~J '. ~<.) -0 ~ ., I """ -' :::lil"~ ~~-ElJ -" c..-l_' ~ .:.: r1' ;I"~ ':::\ ~ N "', :LI '"'" '" ..; JI ~ . -f. ~i' If;:!" \ I . ~~'" If', , 1~t: ,,'tn '. ....,... ~.~ :tn:," ~~... ,......'. I: 5 ~aalll ~o ~Ol: CERTIFICATE OF OEPOSIT wrrnORAWAL AND FORFEl11lRE PROVISIONS Fundi dcpollltd In I certUlate 01 depo"lt aMot be withdrawn C. In whole or In pori prior to mlturlty ..cepl with the colllenl 01 the bonk It the tim. the requelt lor withdrlwll Is mlde. U thl withdnwll Is permltled. one 01 the lollowing pelllW" wiU be .....atd: A. Term 01 70119 dlya: Tho depotltor will ror/elt II le"l le.en (7) d.y" Inler..I. U the fundi have betn on deposit lor more than seven (7) dI)'I. tho depo,ltor will lor/ell .ny Inlerell lcaued II the time 01 withdnwII. Term of more than one year: 1he dopolltor wll1 lor/elt .n Imounl equII 10 .be monthl' .lmple Inlerelt. D. Term 01 three monlla through one yo..: Th. depo,ltor will ror/ell .n .mount equII 10 three monlla Ilmple Inte""I. The alJellment of forfeiture of Interelt may rft(-llre a reduction In the prindpll amount of the cerlil ''';Ite. RequeltJ for withdrawal prior to maturity Whfll' the owner or benfRdal owner hll either died or 1w'.'n ludlclolly dWlred mentally Incompelenl will be ",.de without Inler..t pellllty. 18n.127j01GGjllll 08 02.Q06 CERTIFICATE OF DEPOSIT GENERAL LEDGER CREDIT Momb. FDIC No. 3782441665 11!RMS hlMATUIUIY 37 Months 02 05 03 UENCY OF INTEREST PAYMENT 1YPE OF CERTIFICATE 1YPE INl EREST PLAN Auto. Renewable 060 850 MElliOD OF INTEREST PAYMENT CONS 835 01 05 00 FIRST INTEREST RA 11! 06.15 ~ Annually Add to Certificate Name and ^dd~.. Tax IDISS' DALE G JONES AND 169543544 KIMBERLY I TORRANCE 196402988 COST POR DARRIN G JONES PAOTMA 176687509 A th "_~ ~ u o,~eNFfJllbTJ E /7-.,' 3S4 RONALD DR Slglllture L7Y.1- '/f/A.: .~r.l . ' GRBBNCASTLE PA 17225 1536 I 'BO VlTBDIWlAL SHALL BR HAIl(; UNTIL TIIK KINnR ATTATN!: .llrs MAJORITY(lB) VlmOUT AN ORDt.' UF A " -(X)llIt'r OF COHl'lITKIlT JURISDiCTION. Source-cif"F'lIhill. K-New-HOn"y : ;',",,' 'RtlotloNhlp: Telophone f: H(717)597-0265 W(OOOlOOO-' .00 .~i1.1:~ ' ..r.. .. AMOUNT Di ' $*.....2 ':17.2 I~ r, ~nnlll ~n r,nl~ Y i ~ 1 l;' , i ~ ~ 1 , ~ f~ ~n~ ~=~ ;j ~ ~ ".l ... ~ ~ :\ ~ ~ 5 :1 ;.; n " . f. .. ~.... .:0; ~ ~ ... ~ pJ ~.~ E E ~- ~ , ~ ~ rr ~ ~ n ;. .. .' P- > ~~ i: 'l >, - t' " " I ,. 5r;I...;i",,:, ::"-1" . . ": 0- )rl"'l... .--. ~~ !I; '. ~i ;:;, 1t.7'J '0 ()" r <l~ ~:ii~t. ? ... :;:I ,: ._ .1 ,- ~~ ~~~f' a..... 'j( ~. ;, r " ~ ..r. .::., 1-:-1 ..!:.. l ? , . i: a " '1; ~ , ~ r.. '. , g, ~ " r ~ .. ,. :. , ~. :; Ijf :! ;': .... . '. ~ ." ,. l{r- j' .. ~. I U ri \.' 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