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Home My WebLink About01-03504 ". IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Heve1, As Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 NO. 0;- 350rr &;J Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road MarysvilIe PA 17053 CMt ACTION - LAW JURY TRIAL DEMANDED Sheri JacobsQn, a minor, by Janice HeveJ, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v. BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC., t/d/b/a SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia PA 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/aATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg PA 17055 and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRAf'tSPORTATION Riverfront Office Center 1101 South Front Street Harrisburg PA 17104 ~1 ~ ''''''"'1-- ~. and COUNTY OF NORTHUMBERLAND 201 Market Street Sunbury PA 17801 and BOROUGH OF NORTHUMBERLAND 221 Second Street Northumberland PA 17857 and DAWN R. RAYNES 94 Hanover Street Northumberland PA 17857 Defendants PRAECIPE FOR WRIT OF SUMMON'S TO THE PROTHONOTARY: Please issue Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( X ) Attorney ( ) Sheriff P,AX~'~J~ r-VJ2 Signature of Attorney Supreme Court ID No. 30965 Richard E. Freeburn, Esquire 4775 Linglestown Road, Ste. 200 Hanisburg, PA 17112 (717) 671-1955 Date: 6/6/01 ~""'.~"'""'; ,~ ;,:.~~",,!-->- ~", - ,'~ .~ ~. ,~ ,- ~ --, - ~~ _ t' ~ ~ ~ l ., ,,--- '~ ~ ~ \~ l~ ~ ~ ~ \ ~ ~ .: , " ~ ~ ~ ~ '"t1H: ~:,1 ~:rJ 'Z 10.;" :12 tj;r I "O!~; ~~ 0"> '!?? :<: 0 -0 ~;11? J8 :x 1yH c: ft: a~ ~ t11 ~ ex> -< ._~ ' .. WRIT OF.SUMl\IONS TO THE ABOVE-NAMED DEFENDANT(S): BARRY LEE MUTSCHLER; SUN COMPANY, INC. t{d{b{a SUNOCO, INC.; ATLANTIC REFINING AND MARKETING CORPORATIOn t/d/b/a ATLANTIC REFINDING GROUP; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBI!:RLAND; and DAWN R. RAYNES YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: {v!PI By: Deputy ~,~'j\lf~_r, _~,.,,11~ , ,oj, .= "~ ~-, " .,." ',",.-"''F'~~o. ~1_. .'1" .~,~._" ~ ~. " , , "', ./: '~'l t.:,:_. .,\ .... ..... . ,'''.~'., , ~'~ /.. "f ...;:;""'" . Ec ~l- ro t..~ j rp ~ ~ ~ , , --~t ". _~_, ~ ~..F "')""""""""""~~r'~~~~,' I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Bevel, a minor, by Janice Bevel, As Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 NO. 01-3504 Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 CML ACTION - LAW JURY TRIAL DEMANDED Sheri Jacobson, a minor, by Janice Bevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v. BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC., tfdfbfa SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia I>A 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, tfdfbja ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg PA 17055 and '~N ~'.","" , ., ,--' ~~ - " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Riverfront Office Center 11 0 1 South Front Street Harrisburg PA 17104 and COUNTY OF NORTHUMBERLAND 201 Market Street Sunbury PA 17801 and BOROUGH OF NORTHUMBERLAND 221 Second Street Northumberland PA 17857 and DAWN R. RAYNES 94 Hanover Street Northumberland PA 17857 Defendants PRAECIPE TO: Prothonotary Kindly reissue the Writ ofSurnmons in this matter. Respectfully submitted, FREEBURN & HAMILTON By: RiS3~.rf~uire I.D. No. 30965 4415 North Front Street Harrisburg,PA l7110 (717) 671-1955 Dated: 7/210l Attorney for Plaintiffs . . , . 'ii'ij:f ."t' ~~.j~,~ '" - 'I' r ~~ ~ , . '. (') c" () C n -~ '- :;." .,!'""' -on,; c-- nlr;"! "-.. Z=~r.- I "', , ~;3~ <:'~I (.....i .r. f'St; \",",' ~c'~ .'" ". ~- - ..... . c) 4C ~~:~ ; ;) >c Z :.n 5~ -' -< (~, -< , ~ -"" -'~~ ~.~ ~,~~e_ """'~""". ~,'~'~ <~~~ "<- , , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN1'lSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Sheri Jacobson, !l minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v. BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC., t/d/b/a SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia PA 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, tjdjbja ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg FA 17055 and -""'~ 0 ~ " , __,I =-., lM"l.~4J , . r NO. 01-3504 CIVIL ACfION - LAW JURY TRIAL DEMANDED - 'f'- -~ ,~.w r . " Office of Attomey General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 NICHOLAS HEVEL, a minor, by Janice Revel, As custodial Parent and Guardian, and in her own right, BRITf ANY RUSS, a minor, by JA;NICE HEVEL, as Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Revel, as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 01-3504 CIVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., tld/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION tld/b/a ATLANTIC REFINING GROUP, COMMONWEAL TR OF PENNSVL VANIA,: DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Commonwealth of Pennsylvania, Department of Transportation, in the above-captioned matter. ''''''','*l'"~_'''.""""" ~__ .~"._, _, ..._~ _H_.~ , . Torts Litigation Section 15111 Floor, Strawberry Square Harrisburg, P A 17120 717-783-8035 - Direct Dial DATED: July 11,22001 '<'~., ~~~":'''C" ~ ...... Respectfully submitted, By: ., ~ I-'~~-~=' . CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below; SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD E. FREEBURN, ESQUIRE 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, PA 17112 717-671-1955 (Attorney for Plaintiff Janice Hevel) MICHAEL GOTTSHALL, EXECUTOR OF THE ESTATE OF JACK D. DEIBLER 3 PATRICIA DRIVE ENOLA, PA 17025 BARRY LEE MUTSCHLER RD 2, BOX 474-K NORTHUMBERLAND, PA 17857 BOROUGH OF NORTHUMBERLAND 22l SECOND STREET NORTHUMBERLAND, PA 17857 Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: July 12, 2001 ,'e'jll~ _ _" " . ~I .~" ~. ~" SUN COMPANY, INC. tld/b/a SUNOCO, INC. TEN PENN CENTER 1801 MARKET STREET PHILADELPHIA, PA 19103 ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP 5145 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 COUNTY OF NORTHUMBERLAND 20l MARKET STREET SUNBURY, PA 17801 DAWN R. RAYNES 94 HANOVER STREET NORTIWMBERLAND, PA 17857 By: -, "~ ~ ~~ ~-= ;Pt'@lfl[_,.",,,,;." IJl1Il'Jj_""~I_' - '. () 0 0 j-j p c . C;J - :s: - ,,,.1 "'U t"L ~ ;-l ITII''', -- ,j ~ ;- ;:~ ::1: -, -- (" ~y.. C.: - ..... ~ t i L s:C.' _.::'1.) VJ -n '" ~ 52~~, .>. (.. ~J ;,......i Ii r "j ~ ?: " ~ -{ 0') jJ -< -< v.l -. - Ocl ..Ift' , , "' "'~"'P='''' SHERIFF'S RETURN - REGULAR tASE' NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ATLANTIC REFINING AND MARKETING CORPORATION the DEFENDANT , at 1502:00 HOURS, on the 25th day of June , 2001 at 5145 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 by handing to DAVE CROSS, TERMINAL MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs, Docketing Service Affidavit Surcharge So Answers: 18.00 8.68 .00 10.00 .00 36.68 r~~"~~~ R. Thomas Kline 07(24(2001 FREEBURN & HAMILTON Sworn and Subscribed to before By: me this " f!:;:.. day of ~ ckz>/ A.D. C}iI." - 0. 1Jk~ - J/l,,_ othonotary , =r=' ".,;:mr,., '.. l'! _ .1l'lll.~" _r, - - ,._"",,,",~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL vs MUTSCHLER BARRY LEE ET AL R. Thomas Kline , sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SUN COMPANY INC T/D/B/A SUNOCO INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 6.00 9.00 10.00 116.00 .00 141.00 07/24/2001 FREEBURN & HAMILTON so~~.. //~"7 --- ~ "--"." .~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this '" e:: day of Q~7u~r ~( A..D. 0r- pr~t~~;:~':'1 ~ ~P'Jj~n-~IL..[(U ._', ~"_'_' .~"_ Jli " - ~- . _ __~"N _ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PENNSYLVNIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 25.50 .00 50.50 07/24/2001 FREEBURN & HAMILTON SO_:~~:7 R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this I:~ day of ()'-ru.p J.M>I A.D. Q't~- !2 P~t'{~~~~ .;;.;~~.\;. ,_ T, ~- ""'1. ", - -f' -~ ~. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MUTSCHLER BARRY LEE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND county, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Northumberland 59.10 .00 84.10 07/24/2001 FREEBURN & HAMILTON So an~ ,;;? ~;..:c;:.> ,/. .~/~. ~..;::: ,. --~. R. Thomas ine Sheriff of Cumberland County Sworn and subscribed to before me this t. t day of (2'Tur J...&-o { A . D . q~ Q ih~U,. ~ 'f">:(' Prothonotary .'."-'~ .. 0= :J~C~",~ ~~~_ . . . ~"~, . - ~ , - ~T .~. ~... ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NORTHUMBERLAND COUNTY OF but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 07/24/2001 FREEBURN & HAMILTON ..- "~I :~ :~~.: 7 Sheriff of cumberland County Sworn and subscribed to before me this L IJ;;.. day of~" J'"r- .2c-oJ A.D. 0'1' - Q %, ",j;~ J 7~tr Prothonota -"''''.--> .~ .-, \.", _r,~~ ~~ ." ~"~, .~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: coUNTY' OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT f to wit: NORTHUMBERLAND BOROUGH OF but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th f 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 07/24/2001 FREEBURN & HAMILTON So ~ ....:~:>~ ~~... R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this t. ~ day of ~"J-- ;Jpo, A.D. W~ n. nuu"i<~ Pro tho nota y ,_s." , _ ,!illll:':l<~ _ _,..,..~. _ 7"" ~ ~ "," , f_~ .,~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REVEL NICHOLAS ET AL vs MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RAYNES DAWN R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: So Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 07/24/2001 FREEBURN & HAMILTON .....__......-,.->7 -~ County Sworn and subscribed to before me this t~ day of a,h...P ;lcot A.D. q'fU .0 Ju.di.., ~ . Prothonotary ~""~".",ffiF.l,~__ ~)II""JI__ ~_.__' Irr The C<mrt of Common Pleas of Cumberland County, Pennsylvania Nicholas Hevel et al YS. Barry Lee Mutschler et al . SERIlE: Sun Canpany Inc. t/d/b/a No. 01- Sunoco Inc. . 3504 civil Now, June ~D, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cumberland County, PA . Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ C'*"l.~,;~~,,,,~ ~,-,."" -I' -. - "." ""' ""~ , ,Jf; Phi.\oAe\p~\G- 'SHERIFF'S RETURN - SUMMONS/COMPL.AINT ~. " .- I~ COMMON Pt..EAS NO. COUNTY COURT VERSUS TERM. 19 ~~A NO. SERVED AND MADE KNOWN TO ~ ~=: Defendant -2:9 Defendant Company om plaint, issued in the ajlove captioned matter '4A71J ?J at~ o'clock, M., E:.S.T.lD.S.T. , in the County of Philadelphia, on by handing a true and attested copy of the within Summons '1-3 ,4?{)Ol /hJ; ~ . ~ State of Pennsylvania, to o (1) the aforesaid defendant, personally: o (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of o (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; at 0(4) -@'(5) 0(6) the manager/clerk of the place of lodging in which said defendant resides; agent or person for the time being in charge of defendant's office or usual place of business. the and officer of said defendant Company; So Answers, . JOHN D. GREEN, Sheriff By: 12-38 (Rov. 12A37) ;'~-~_'1,",,,, , '" ~ "'., ~- ..-) ,. ~ ~=-~-~ ~,~~~'" @iiite of tlte ~4~riff Mary Jane Snyder Real Estate Deputy William T. Tully Solioitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assisllml Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HEVEL NICHOLAS A MINOR BY JANICE HEVEL vs County of Dauphin PA DEPT OF TRANSPORTATION Sheriff's Return No _ 1728-T - -2001 OTHER COUNTY NO. 01-3504 AND NOW: July 3, 2001 at 9:30AM served the within SUMMONS upon PA DEPT OF TRANSPORTATION by personally handing to MARY TAYLOR, CLERK STENOGRAPHER III 1 true attested copy (ies) of the original SUMMONS and making known to him/her the contents thereof at COMMONWEALTH & KEYSTONE BLDG 400 NORTH ST. HARRISBURG, PA 17101-0000 .. --""~J' f-':~ f'"",. c..~~ PROTHONOTARY So Answers, JR~ Sworn and subscribed to before me this 3RD day of JULY, 2001 ::.dr~AU;=Y' Deputy Sheriff Pa. Sheriff's Costs: $25.50 PD 06/26/2001 RCPT NO 151361 FURE "-"_M JT~ -r<m:' ' ~ l\._!lJIIN, "-~ "' .,~~ " "0 '~~---'~'.~'~"'1"'"' .~ ~,~ ,J/;._~I'[,- In The Court of Common Pleas of Cumberland County, Pemnsylvania Nocholas Hevel et al VS. Barry Lee Mutschler et a1 SERVE: Catmonwea1th. of Pennsylvcmia No. 01- Department of Trcmsportation 3504 civil Now, June Ole, 2001 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do bereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r'~c..~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, , 2D_, at o'clock M. served the within upon at by handing to a copy of the original and made knOVlIl to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before . me this _ day of , 20_ COSTS SERVlCE :MILEAGE AFFIDA VIT $ $ ",'0/-_"," ."R " , ~",".- ...~~ ....~ :~I:!!lHI!.m""_ PJ'l1i1. .~,~ - PLAINTIFF: HEVEL, NICHOLAS ET AL P: VS: DEFENDANT: MUTSCHLER, BARRY LEE D: R.D.2 BOX 474K, NORTHUMBERLAND, PA D: COUNTY OF NORTHUMBERLAND D: 201 MARKET ST. D: SUNBURY, PA 17801 CASE #: 01 NO 3504 CTY FILED: CUl>lBERLAND FILE DATE: 01/06/06 DATE RECEIVED: 01/06/21 ASSIGNED TO: 4 DEl' LAW FIRM: CUMBERLAND EXPIRES: 2001/07/06 SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: COUNTY OF NORTHUMBERLAND PRAECI PE &. BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: WRIT OF SUMMONS PERSON SERVED: WILLIAM STESNEY DATE SERVED: 2001/06/22 CAPi'\.CITY: CHIEF CLERK TIME: 10:30 AM PLACE SERVED: ADMINSTRATION BLOG., 5TH STREET, SUNBURY, PA CODNTY OF NORTHUMBERLl\ND AND COmENTS THEREOF. STATE OF PENNA" MAKING KNOWN UNTO : HIM SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: BY: SHERIFF CHARLES S. BERKOSKI THE 'S ~i ~~;; g",~ r:l:cl . !:I "A ~~< :~s.~ I llEREBY CERTIFY AND RETURN THAT I SERVED: BARRY LEE MUTSCHLER PRAECIPE .. BY HANDING A TRUE AND ATTESTED COPY OF TIlE WITHIN: WRIT OF SUMMONS PERSON SERVED: BARRY LEE MUTSCHLER DATE SERVED: 2001/07/05 CAPACITY. PERSONALLY TIME: 12:00 PM PLACE SERVED: SHERIFF'S OFFICE, SUNBURY, PA COUNTY OF NORTlIDMBERLlIND AND STATE OF FENNA.. MAKING KNOWN UNTO , HIM THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: SEARLS, ROBERT BY: I .PLL.S. ~ . SHERIFF'S COSTS: REC II: 18542 NO. OF ATTEMPTS: $ 59.10 6 DOCKET PAGE #: 01 CV 0378 A "'h" ~-:11 ._ > .c, -r-- ~I ". c' 'S ~ !,t ""SC12 f.i:l . j""Q _. ~~."~ "-"""..."""""..,,.,"'....."".~,-~-_..- PLAINTIFF: HEVEL, NICHOLAS ET AL P: VS: DEFENDANT: MUTSCHLER, BARRY LEE D: BOROUGH OF NORTHUMBERLAND D: 221 SECOND ST., NORTHUMBERLAND, D: RAYNES, DAWN R. D: 94 HANOVER ST., . CASE #: 01 CV 3504 CTY FILED: CUMBERLAND FILE DATE: 01/06/06 DATE RECEIVED: 01/06/21 ASSIGNED TO: 4 DEF LAW FIRM: CUMBERLAND EXPIRES: 2001/07/06 PA 17857 NORTHUMBERLAND, PA 17857 SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: BOROUGH OF NORTHUMBERLAND BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PRAECIPE & WRIT OF SUMMONS PERSON SERVED: JANICE BOWAN DATE SERVED: 2001/07/03 CAPACITY: BOROUGH SECRETARY IN CHARGE TIME: 2:50 PM PLACE SERVED: BOROUGH BLDG., 221 SECOND ST., NORTHUMBERLAND, PA COUNTY OF NORTHUMBERLAND AND CONTENTS THEREOF. STATE OF PENNA" MAKING KNOWN UNTO : HER SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: MORACK, ANDREW BY: THE .~ .~ ; .- ,; ~S,lPA~ I HEREBY CERTIFY AND RETURN THAT I SERVED: DAWN R. RAYNES PRAECIPE & BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: WRIT OF SUMMONS PERSON SERVED: DAWN R. RAYNES DATE SERVED: 2001/07/02 CAPACITY PERSONALLY TIME: 11:03 AM PLACE SERVED: SHERIFF'S OFFICE, SUNBURY, PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : HER THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: SEARLS, ROBERT '!.tnL. BY: ;,. S <n . II t ." ,~ SHERIFF'S COSTS: REC #: 18542 NO. OF ATTEMPTS: DOCKET PAGE #: 01 CV 0378 B T[ ,~~~_, ~ ~ _ w. , 'N_,._~,H-"W"J:"l"""""~"",*"~,,,- . . In. The Court of Common Pleas of Cumberland County, Pemosylvania Nicholas Revel et al VS. BaJ:ry Lee Mutschler et a1 SERVE: Barry Lee Mutschler No. 01 3504 civil Now, June .01(;, 2001 , I, SHERlFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northumberland County to execute thi.s Writ, this deputation being made at the request and risk ofthe Plaintiff. ~~/~ Sheriff of Cum berland County. P A Affidavit of Service Now, ,20--, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers. Sheriff of Count)', PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE Jv1ILEAGE AFFIDAVIT $ $ '''WiY'~iiI~~l'_'~_ T- ,~ ,~ .. , - ~ , < " In The Court of Common Pleas of Cumberland County, Penmsylvania Nicholas Hevel et a1 VS. Barry Lee Mutschler etal Dawn R. Raynes SERVE: No. 01 3504, civil Now, June .;!.(), 2001 , !, SHERIFF OF CUlvIBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northumberland County to execute thi S Writ, this deputation being made at the request and risk of the Plaintiff. ~~,...,<:/~ Sheriff of Cum berland County. P A Affidavit of Service Now, ,20 , at o'clock M. served the .thin Wl' upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE :MILEAGE AFFIDA '\TIT $ $ ""~;_~_e" ~~ ,~"'>~"" , ~,~. . : 'In'The Court of Common Pleas of Co:tnberland County, Penmsylvania Nicholas Hevel et al vs. BaD:y Lee Mutschler et al SERVE: BorOugh of NorthuTlberland No. 01. 3504 civil Now, June ~o, 2001 ,T, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Nortbtmberland County to execute thLs Writ, this deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cumberland County. PA Affidavit of Service Now, ,20_,at. o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, FA Sworn and subscribed before methis~ day of .20_ COSTS SER V1CE MILEAGE AFFIDAVIT $ $ -7Bt:,: -, . )T. ,,~,- ~ _, _?'"""'u"""""',~~ . " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and No. 01-3504 Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and CIVIL ACTION - LAW Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and JURY TRIAL DEMANDED Sun Company, Inc., t1d/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, t1d/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland 'i"~1 ,. ,,'~, ~, " , ,01 ,~ , ~ . ~M """"'''' 'l"" r~-~~_~ ~ and Borough of Northumberland and. Dawn R. Raynes ~NTRYOF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Sunoco, Inc. (R&M), incorrectly designated in Plaintiffs' Complaint as Defendants Sun Company, Inc. tJd/b/a Sunoco, Inc. and Atlantic Refining and Marketing tJd/b/a Atlantic Refining Group only in the above-captioned matter. LAW OFFICES OF JOHN F. FOX, JR. By: ~J~ of. Fox, Jr., Esq i e Attorneys for Defendant Sunoco, Inc. (R&M) Identification No. 31854 2 Penn Center- Suite 1310 Philadelphia, PA 19102 (215) 568-6868 Date: 1~:J,""" I ,~.[;i'!t'f; _ "'"",. '; ~ " _'e:" _~ " ~ ~ ~,~ """~.~-""~--~~-'~~"~~ -- . .. CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of defendant Sunoco, Inc. (R&M)'s Entry of Appearance has been served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this J..~<< day of July, 2001. Richard E. Freeburn, Esquire 4775 Linglestown Road, Harrisburg, Pa 17112 Commonwealth of Pennsylvania Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, Pa 17104 County of Northumberland 201 Market Street Northumerland, Pa 17857 Dawn R. Raynes 4 Hanover Street Northumerland,Pa17857 By: ~1J11l J n F. Fox, Jr., ESquire Attorney for Defendant, Sunoco, Inc. (R&M) Date: 7~2l/- -/ .:'\-n<~,"t. . ;'.'_" '''~''''~'-r' - - ~", o. .~ "" ., . .1;<1,; .-",. ~- . ~"= -", - ~. "'"-n:i'J; < n c, , ) C -'-;"1 -~. r.:.::: 1:".- ~1 , , - , '.-.:; , .. .'V /. , ~~i: , -.--.; r:: l.~..' .. ." --> ,. ':f l .. (' C .. , ):.. <;, /c ,'..) ::'0 '.. I -<; { '" -< ~~ ~ ~ ~=.~'"~_. ~_,.s:mw IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Sheri Jacobson, a minor, by Janice Heve1, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v. BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC., t/d/b/a SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia PA 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg PA 17055 and ,,,"111:_J ""'.7~ ~. _ ," , "-, ",' NO. 01-3504 CMLACfION - LAW JURY TRIAL DEMANDED ,~ "~,," ".- ,~~-,-",,' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Riverfront Office Center 1101 South Front Street Harrisburg PA 17104 and COUNTY OF NORTHUMBERLAND 201 Market Street Sunbury PA 17801 and BOROUGH OF NORTHUMBERLAND 221 Second Street Northumberland PA 17857 and DAWN R. RAYNES 94 Hanover Street Northumberland PA 17857 Defendants PRAECIPE TO: Prothonotary Kindly reissue the Writ of Summons in this matter. Respectfully submitted, FREEBURN & HAMILTON B~~ . chard E... . eburn, EsQuire I.D. No. 30965 4415 North Front Street Ramsburg, P A 17110 (717) 671-1955 Dated: 7/30/01 Attorney for Plaintiffs ;",~-, 1 ,_ _._ ~ 0,,", <_ ,-=p. ~~ , .,-- '"'"7' _e. ~, >-'""~ . - -. '^' ~_~_.i"[ 'l' 'q~, ~";-~-"~,- ''', ~ . rr!t!ll___,,~~~,~ n c..::,,; " , c: ":~.. ; !:}(t' ,~== [~tJ' "',- i,::;C' r.) L f:~ (-' '<(.- C", ):... ' . ; ::;- :...:., :.:) ~'~1 -<' ( .:) , -< ~,... 7 ""_~ ._=.. 'J-~' ~ ,,,,, I~"~~' ~=.~ '{"'\~,~'=. .. Jefferson J. Shipman, Esquire 1.0. *S178S John R. Ninosky, Esquire 1.0. *78000 GOLDBERG, KATZMlIN & SHIPMllN, P.C. 320 Market street P. O. Box 1268 Harrisburg, FA 17108-1268 (7171 234-4161 counsel for Defendant Raynes NICHOLAS HEVEL, a minor by Janice Hevel, As Custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as Custodian Parent and Guardian,: and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants "., ." , , ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL CIVIL ACTON - LAW JURY TRIAL DEMANDED . r~ " "~"",,,,"" CERTIFICATE O.FSERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United states Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on~: Richard E. Freeburn, Esquire 4775 Linglestown Road Harrisburg, PA 17112 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. J ff rson J. Shipman, Esquire torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 HarriSburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: ~ l-S' ~\ 67036.1 -- 0 ' p{'.v,,,", L.1IIt11L _0. iI1!_~___ ,_ , ~ .~-- -,~= "'#'.(~Il;~ ,. _,.~ 4 .,*-=! . --~ ,.,..,4 Cl 0 () C .] -- :po .-..! s.. "'Ucr.~ - . ~,; ,'~ ~ mrn c;') 7)~; Z:J:' ZC;~ 0'> ~~l:: r::C:; -0 ~C) :i:: ::"7"" C') "'-C :.:) In :i> .1 '-:? C --, Z U1 ")':>0 ~ (]'\ ?i! ,,> " ~~ .'-~~~~ " Jefferson J. Shipman, Esquire 1.0. ff51785 John R. Ninosky, Esquire LD. ff78000 GOLDBERG, KATZW'J{ & SHIPMlINi l?C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Raynes NICHOLAS HEVEL, a minor by Janice Hevel, As Custodial Parent and Guardian, and in her own rig~t, BRITTANY RUSS, a minor, by Janice Hevel, as Custodian Parent and Guardian,: and in her own right, SHERI JACOBSON, a minor, by Janice Revel, as custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs V$. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/ d/b/ a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants ""~.,~. . =_.",,-,,-~ ,J C -~-~. "'" ,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL CIVIL ACTON - LAW JURY TRIAL DEMANDED -.,..",..,. . , , .1<1 ~~~"'~~' . PRAECIPE TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. J f erson J. Shi Esquire J hn R. Ninosky, Esquire Attorneys for Defendant Raynes DATE: ~ lS, ~~\ ~ TO: Richard E. Freeburn, Esquire 4775 Linglestown Road Harrisburg, PA 17112 Attorney for Plaintiffs A Rule is hereby issued upon Plaintiff, stacey L. Harmon, to file a Complaint against Defendants within twenty (20) days of service hereof, or suffer judgment of non pros. curt~~ary DATE: 67064.1 "'\~~'''-' . ~ ~''''f'''"",~- " ~, "'" CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United states Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on ~I~t. I~ ~~: Richard E. Freeburn, Esquire 4775 Linglestown Road Harrisburg, PA 17112 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. . DATE: a........ ~'S'l ~\ 67038.1 0 J fferson J. S 'pman, Esquire torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes ;--':'-1~" "_~',_~ _ clr~ . ~ \ 'j"~"~'--'''' , (") c:" '::) c: "11 ~'~ ~ -0 t:L '~~ :,~~ q;H:\.' .---".' - Z~.~ V' (J? ~-~,~ .:'~~~ '-~) ~,;,. \.J ..." ...~ 'I '<:: ;'):':T: ~O :J;: " (') C r:' 1'(; -c"'- :::::"l Z =:> ~o :;! (::> :< -'~~,o._""',_ ?' - '.', . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and No. 01-3504 Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and CIVIL ACTION - LAW Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and JURY TRIAL DEMANDED Sun Company, Inc., tld/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, tld/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland niF.UI1JiJ . ~,\"'-= ~, ,.~~ , ,-. -~ ".'. 'T>". ~__..J.~ and Borough of Northumberland and Dawn R. Raynes ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Barry Lee Mutschler in the above-captioned matter. LAW OFFICES OF JOHN F. FOX, JR. By: .J...it'! J n F. Fox, Jr., Esquire Attorneys for Defendant Sunoco, Inc. (R&M) and Barry Lee Mutschler Identification No. 31854 2 Penn Center - Suite 1310 Philadelphia, PA 19102 (215) 568-6868 Date:~ -'~''f.~8j1_ _ .,.,,~ ~." ", "1-~- ~~ ~ ~.l ~-'~~:l' CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendant !3arry Lee Mutschler's Entry of Appearance has been served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 21st day of November, 2001. Date: 11.~t.()1 "~~,.,,^ -!^ Jay W. Stark. Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire Johnson Duffle Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, Pa 17110 Jeffrey Jefferson Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, pa 17108-1268 LAW OFFICES OF JOHN F. FOX, JR. By: CU1..~~~ ~hn F. Fox, J ., quire Attorney for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) -"'_f'; !'-<;~~'N'<,",,!,. ... -.r' ~ ~ 0 0 -r; ::!: .:..:.} ""Om (,:;) - ;~J} cpm <:: .c..:T.1 N -,","'rl ZS; =:'10 (/;) :; -.J ,""") I ~c;, "::lei K - :Do :'l.~~ J~ :J:: ~7)8 .2: \.C 0 .. ?5 ~. !'oJ --< ,. ,17'1 ~- ~-"~ .'- ._~"," , .' . .. .. ... NICHOLAS HEVEL, a minor, by Janice Hevel, as CustC)(\ial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custo:ldial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executo:lr of 1he ESTATE OF JACK DnmLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., t/dlbla I'ijJNOCO, INC. A1LANTIC REFINING AND MARKETING CORPORATION, t/dlbla A 1LANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; cOUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R. RAYNES, Defendant ROTICE YOU HAVE BEER 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 01' 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 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~~"'Wu FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (7171671-1955 J.D. #30965 Attorney for Plaintiff Date: 11/15/01 ~,1,~~""",~ , r"'" , '.' -~.....~-~ ,,""',~ "'-1'"< ~~ "~ ,,_~-"'-~' --'.If " -.:) NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her oWn right; . BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Revel, as Custodial Parent - and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEmLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CML ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., tld/b/a SUNOCO, INC. ATLANTIC REFINING AND MARKETING CORPORATION, tld/b/a ATLANTIC REFINING GROUP; COMMONWEAL1H OF : PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NORlHUMBERLAND; BOROUGH OF ; NORlHUMBERLAND; DAWN R. RAYNES, ; Defendant COMPLAINT AND NOW come Plaintiffs, by their attorneys, Freeburn & Hamilton, and file the following Complaint: I. PARTIES: 1. Plaintiff, Nicholas Hevel, is a minor, age 10, born on October 5, 1990, who resides with his mother and natural guardian, Janice Hevel at 302 S. State Road, Ma.ry:sville, Perry County, Pennsylvania. 2. Plaintiff, Brittany Russ, is a minor, age 8, born on May 21, 1993, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. '~~"" _", ~"'_~ '. JJ..,..",~ '" , ~"~ 'l "I" .' -' .. - ...:t 1 3. Plaintiff, Sheri Jacobson, is a minor, age 17, born on May 2,1984, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Peny County, Pennsylvania. 4. Plaintiff, Michael Gottshall is the Executor of the Estate of Jack D. Deibler, by virtue of Letters Testamen1:a.ty issued by the Register of Wills of Cumberland County, Pennsylvania on July 1, 1999. 5. Defendant, Barry Lee Mutschler, is an adult individual who resides at RD 2, Box 474-K, Northumberland, Northumberland County, Pennsylvania. 6. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is a Pennsylvania corporation with a registered office at 1801 Market Street, Philadelphia, Philadelphia County, Petulsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 7. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is a Delaware corporation, with a registered office at CT Corporation System, 1515 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 8. Defendant, Commonwealth of Pennsylvania, Department of Transportation, is a government entity, having a principal place of business at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania. 9. Defendant, County of Northumberland, is a government entity, having its principal place of business at 201 Market Street, Sunbury, Northumberland County, Pennsylvania. 2 ''''>;;:~~~ !'~ - ;- -'--. , "~..~.. ~--"'~-'~"1" - ,~; .. . ... T 10. Defendant, Borough of Northumberland, is a government entity, having its principal place of business at 221 S. Second Street, Northumberland, Northumberland County, Pennsylvania. 11. Defendant, Dawn R. Raynes, is an adult individual, who resides at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania. II. FACTS 12. The facts and occurrences hereinafter related took place. on or about June 6, 1999 at approximately 3:28 pm at the intersection of Hanover Street and Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 13. At that time and place, Plaintiffs were passengers in an automobile driven by Mary Huber who was traveling north on Hanover. Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 14. At that time and place, Defendant, Barry Lee Mutschler, was operating a tanker type tractor-trailer truck owned by Defendant, Sun Company, Inc. and/or Atlantic Refining and Marketing Corporation, in a westerly direction on Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 15. At that time and place, the truck operated by Defendant, Barry Lee Mutschler, struck the automobile operated by Mary Huber in the intersection of Front Street and Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania, causing the Huber vehicle to be , pushed into a utility pole at the northwest corner of the intersection. 3 -.J"-.~ """""'" -' ~~ - "i ~- ~ '"l '" 'r,', ,.,",~J~', . ..' ~. NICHOLAS REVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRrITANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minOt by Janice Hevel, as Custodial Parent and Guardian, and in her OWl! right; MICllAEL GOTTSHALL, Executor of the ESTATE OF JACK DIlmLER, deceased Plaintiffs v. BARRY LEE MUTSCHLER.; SUN COMPANY, INC., tJd/b/a SUNOCO, INC. AlLANTIC REFINING AND MARKETING CORPORATION, tld/b/a A 1'LANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTIIUMBERLAND; BOROUGH OF NORTIIUMBERLAND; DAWN R. RAYNES, Defendant L. '. . ~ : IN TIlE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVILACTlON-LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BUN SUED IB 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 right13 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 FOIttH BELOW TO F'IND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 \JxcG Richard E. eeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717)671-1955 I.D. #30965 Attorney for Plaintiff Date: 11/15/01 "'A"~_ffi'._~"""",,'f1'"~!.' r - ~~ " .. ,,~~. - , '", ,... _.._~""""',' , 'oM .. .;10 r "f NICROLAS REVEL, a minor, by Janice Revel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Revel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Revel, as Custodial Parent II and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., tJd/b/a SUNOCO, INC. A1LANTIC REFINING AND MARKETING CORPORATION, tJdlbla A 1LANTIC REFINING GROUP; COMMONWEALm OF : PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; COUNIT OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND;DAWNR.RAYNES, : Defendant COMPLAINT AND NOW come Plaintiffs, by their attorneys, Freeburn & Hamilton, and file the following Complaint: I. PARTIES: 1. Plaintiff, Nicholas Hevel, is a minor, age 10, born on October 5, 1990, who resides with his mother and natural guardian, Janice Hevel at 302 S. State Road, Maxysville, Perry County, Pennsylvania. 2. Plaintiff, Brittany Russ, is a minor, age 8, born on May 21, 1993, who. resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. ,,~~j~!l' ,"" r- " ~ . 'orl N" - ~--" - ^' ~.~~,~ ... . A' T 3. Plaintiff, Sheri Jacobson, is a minor, age 17, born on May 2,1984, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. 4. Plaintiff, Michael Gottshall is the Executor of the Estate of Jack D. Deibler, by virtue of Letters Testamentary issued by the Register of Wills of Cumberland County, Pennsylvania on July 1, 1999. 5. Defendant, Barry Lee Mutschler, is an adult individual who resides at RD 2, Box 474-K, Northumberland, Northumberland County, Pennsylvania. 6. Defendant, Sun Company, Inc., tfdfbfa Sunoco, Inc., is a Pennsylvania corporation with a registered office at 1801 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 7. Defendant, Atlantic Refining and Marketing Corporation, tf dfb fa Atlantic Refining Group, is a Delaware corporation, with a registered office at CT Corporation System, 1515 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 8. Defendant, Commonwealth of Pennsylvania, Department of Transportation, is a government entity, having a principal place of business at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania. 9. Defendant, County of Northumberland, is. a government entity, having its principal place of business at 201 Market Street, Sunbury, Northumberland County, Pennsylvania. 2 ,--.!,",'!(',~~ 1'" -!' , -, ~. e, """""",..-- -~", .. . ... r 10. Defendant, Borough of Northumberland, is a government entity, having its principal place of business at 221 S. Second Street, Northumberland, Northumberland County, Pennsylvania. 11. Defendant, Dawn R. Raynes, is an adult individual, who resides at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania. II. FACTS 12. The facts and occurrences hereinafter related took place on or about June 6, 1999 at approximately 3:28 pm at the intersection of Hanover Street and Front Street in the Borough of Northumberland, Northumberland County, pennsylvania. 13. At that time and place, Plaintiffs were passengers in an automobile driven by Mary Huber who was traveling north on Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 14. At that time and place, Defendant, Barry Lee Mutschler, was operating a tanker type tractor-trailer truck owned by Defendant, Sun Company, Inc. and/or Atlantic Refming and Marketing Corporation, in a westerly direction on Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 15. At that time and place, the truck operated by Defendant, Barry Lee Mutschler, struck the automobile operated by Mary Huber in the intersection of Front Street and Hanover Street in the. Borough of Northumberland, Northumberland County, Pennsylvania, causing the Huber vehicle to be If pushed into a utility pole at the northwest comer of the intersection. 3 /;;.5,!';>''l!!: .JJ;,-J" -r'r"" l!~o_'_' "< ., m ~-' ~ ~ ~~"1""" ~" .. "' ~";,_c: .. , .. r COUNT I Nicholas Bovel. PlaiDtift'v. BarrvLee Mutschler. Defoadalit 16. Paragraphs 1-15 are incorporated herein by reference thereto. 17. By reason of the aforesaid collision, Plaintiff, Nicholas Hevel, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, skull fractures, cerebral edema, punctured lung, fractured right femur, closed head injuries, complete left sixth cranial nerve palsy and eye injuries. 18. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 19. The aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 20. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Revel, he has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 21. Plaintiff, Nicholas Hevel, has not fully recovered from his injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 4 Inm:'1[!,t".-ill!' -~~ ,_..,~. ." ~ ~ " "",-~- ~. .. ~ .. r 22. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has suffered a loss or impairment of future earning capacity, and claim is made therefore. 23. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 24. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe humiliation, embarrassment, shame, wony and anger. 25. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 26. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 27. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been deprived his enjoyment of the pleasures of life. 28. Plaintiff, Nicholas Hevel, continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 5 "--';"'~'l '""'I " -1 ""11 . ,~ ,,_~I;.r _,.. ~ ~~'" .. .. . , 29. As a result of the aforesaid accident and injuries suffered by Plaintiff, Nicholas .Hevel, he has suffered a disfigurement, and claim is made therefore. 30. The injuries suffered by Plaintiff, Nicholas Hevel, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and he is entitled to maintain an action for his non-economic loss. 31. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Nicholas Hevel, are the direct and proximate result of the negligent manner in which Defendant, Barty Lee Mutschler, operated his tanker truck as follows: a. In operati~ the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; 1. In failing to keep a reasonable look-out for other vehicles on the roadway; 6 'C_~._~ ,,,","'_ rn. 1. ...,. -1- r-, =~ ~ . ^, =.~~. ~=_<f_C-- .. . .of J. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 32. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & OOj 100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional. amount requiring compulsory arbitration. COUNT II Nicholas Hevel. Plaintiff'v. SunCompaD.v.lnc. t/d/bl Sunoco.lnc.. Defendant 33. Paragraphs 1-32 are incorporated herein by reference thereto. 34. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. tjdjbja Sunoco, Inc., and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., tjd/bfa Sunoco, Inc. 35. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Nicholas Hevel, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 36. Defendant, Sun Company, Inc... t/dfbja Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for lmowingly and intentionally failing to properly select, train and supervise its 7 --g~~~"iI'I,~,,.. "'--1 """ , ."' - ,~ =I~~'" r _ ~_ -.~, ._~ ,,,,,,,.,,,,,,,,,." . , . driver, Defendant, Barry Lee Mutschler, thereby causing PlaintifI'sinjuries as set forth above. 37. Defendant, Sun Company, Inc., t[d[b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Sun Company, Inc.,. t[d[b[a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III Nicholas Bevel. Plaintiff v. Atlantic Refinin2 and Marketin2 COl'Doration. t/d/b/a Atlantic Refinine: G1'OU1>>. Defendant 38. Paragraphs 1-37 are incorporated herein by reference thereto. 39. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refming and Marketing Corporation, t[d[b[a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, t[djb/a Atlantic Refining Group. 40. Defendant, Atlantic Refining and Marketing Corporation, tjd/bja AtlantiC Refming Group, is liable to Plaintiff, Nicholas Hevel, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 8 .,.~t~~_ .,__ ""'~,_, _,., . ~~ I. ......,..,. ~ T~ " "_ _~._~~~'W." . . ~ . 41. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally .as the employer of Defen9ant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 42. Defendant) Atlantic Refming and Marketing Corporation) tjdjbja Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Atlantic Refming and Marketing Corporation, tjd/bja Atlantic Refining Group, in an amount in excess of TWENTY -FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV Nicholas Hevel.PlaintifTv. Commonwealth ofPennsvlvania. DeDartm.ent of TransDortation. Defendant 43. Paragraphs 1-42 are incorporated herein by reference thereto. 44. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 45. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control 9 '<''''it>, " ,">>~ ~ r'~. ,~ -~:- ,'< . -~ ~"''1 - -" -I -~ . ". ~ ~ ~ ~ .."./lI\ ~ ,_ =~~""""~,~, .. .. and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 46. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; - b. In the erection, construction, placement and/or maintenance. of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on HanoverStreet south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; 10 ")";~;;n..r'ir~, ; ,_ _ ,t~ "" ~ - ~, , "'I """"Ji "-~-- , . h. In aJ.lowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both" attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in" conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT V Nicholas Bevel. Plaintiflv. County of Northumbedand. Defenclant 47. Paragraphs 1-46 are incorporated herein by reference thereto. 48. Defendant, County of Northumberland, has responsibility for the. selection, erection, placement, control and maintenance of traffic control 11 9ffl1fflir "" t ~-, - <-"' ............ ~ . , '. . . devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania.. 49. The aforesaid collision and all of Plaintiffs injuries, damages and. losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplement;li traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, 12 'T,fj(c~ ~ ~ ~ . *"'ic , . thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; . . i. . In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. . In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI Nicholas Bevel. Plaintiff v. Boro1U!h of Northumberland. Defendant 50. Paragraphs 1-49 are incorporated herein by reference thereto. 51. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices. for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 13 - -j-"" ~--~-" - . -, ml i - . . -T- " " Or .. . . -""""""- l . 52. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defenq.ant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and! or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 14 .'-"~' ~-,j\l\,J~, '"~~_ ,- ~..". . 1. In failing to adhere to reasonable traffic safety provisions in conformance with .state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 53. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 54. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastern corner of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 55. At all times relevant hereto, the stop sign located at the southeastern corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-oi-way. 56. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast comer of the intersection. 57. The aforesaid collision and all of Plaintifrs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 15 :,_'ft"ll'f_ItWJ_ '.' ~, , , ~- ~ . ---, , maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 58. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VII Nicholas Hevel. Plaintiffv. Dawn R. Ravnos. Defendant 59. Paragraphs 1-58 are incorporated herein by reference thereto. 60. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 61. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and. proximate result of the careless and negligent manner in which the Defendant, Dawn R.. Raynes, maintained the aforesaid real property by failing to adequately trim trees andlor vegetation 16 "f~~-'<\1';__t'~ , ~ ~ ......" . < - - "...~ . "- - , thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT vm Brittany Russ. Plaintiff v. Barry Lee Mutschler. Defendant 62. Paragraphs 1-61 are incorporated herein by reference thereto. 63. By reason of the aforesaid collision, Plaintiff, Brittany Russ, suffered pain and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, right frontal parietal degloving scalp injury, right inferior ramus fracture with large pelvic hematoma, gross hematuria, small punctate hemorrhage in the left basil ganglia, closed head injury and right parietal cephalohematoma. 64. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 65. The aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, may have aggravated or been aggravated by an existing infintrity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future hann to Plaintiff, and claim is made therefore. 17 '~~'1'!~_ 0 .. "' ." T" ,j - -~.~.~ , 66. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has required reason~ble and. necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 67. Plaintiff, Brittany Russ, has not fully recovered from her injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 68. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a loss or impairment of future earning capacity, and claim is made therefore. 69. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 70. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 71. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 72. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 18 -,,-q~~w r .,. ,~-- -" , .' - . """.,.<,~~, =,~ - ,-, ~ - -, -~ 73. By reason of the aforesaid collision and injuries suffered . by Plaintiff, Brittany Russ, she has been deprived l).er enjoyment of the pleasures of life. 74. Plaintiff, Brittany Russ, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 75. As a result of the aforesaid accident and injuries suffered by Plaintiff, Brittany Russ, she has suffered a disfigurement, .and claim is made therefore. 76. The injuries suffered by Plaintiff, Brittany Russ, constitute serious injuries as defmed in the Motor Vehicle Financial Responsibility Law, and she is entitled to maintain an action for her non-economic loss. 77. The foregoing acCident, and all of the injuries and damages set forth above sustained by Plaintiff, Brittany Russ, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to obsente Mary Huber's. vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; 19 '-"?~-~''''o;:''- ~! . , ~t f. In permitting his vehicle to strike and collide with. the vehicle operated by the MaIy Huber; . g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; 1. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 78. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00{100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IX Brittanv Russ. Plaintiffv. Sun Comuanv. Inc. tld/bl SUDOCO. Inc.. Defendant 79. Paragraphs 1-78 are incorporated herein by reference thereto. 80. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within 20 'f!;,:~I'Mi}).._ "~~ .~ -," , ~, ~ ~M . the course and scope of his employment, furthering their interests, activities, . affairs or business of Sun Company, Inc., t/d/b/a SunDcD, Inc. 81. Defendant, Sun Company, Inc., t/d/b/a SunocD, Inc., is liable to Plaintiff, Brittany Russ, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 82. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defe~dant, Barry Lee Mutschler,. was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiff's injuries as set forth above. 83. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintifrs injuries as set forth above. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT X Brittanv Russ. Plaintifr v. Atlantic Reftnin2 and Marketin&: . COf1)otation. tld/h/. Atlantic Refinme:GroulJ. Defenc:laD.t 84. Paragraphs 1-83 are incorporated herein by reference thereto. 21 -'-"-"'~'" " "'''~_.~~-'~"-' ~ ..,. ,- , - --""'I ~ - "~" , 1. ~ COUNT XI Brittanv Russ. Plaintiff v. Commonwealth of Peaaavlvania. DeDattment of Tt'8.D.SDortation. Defendant 89. Paragraphs 1-88 are incorporated herein by reference thereto. 90. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 91. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. , 92. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to. trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; 23 "<<V1i~~. :- r" , . ~ " ,,~= - b. In. the erection,.. construction,' placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; . d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect aStQP Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and! or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and .effectiveness of the stop sign, and creating a dangerous condition; . i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and L In failing to adequately supervise, manage or control its employees. agents and representatives. 24 '*-~-, "=." , roe"'?-_'_"_~'=r ,~,~ ~~~.. ~ "I -=, ~ WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor . and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00). DOLLARS), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XII , Brittanv.RUSs. Plaintiff'v. Countv of Northumberland. Defenclant 93. Paragraphs 1-92 are incorporated herein by reference thereto. 94. Defend~t, County of Northumberland, has responsibUity for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 95. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. . In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; 25 id.,;,>;;~ _ IQ'~ _ _ ' , , ~ r_~'" ."~, .,..., c. In failing to construct and/ or place supplemental traffic control devices on Ha,nover Street south. of the stop sign to . provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct andlor place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. Infailing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of 26 -,^"~'I'If~_,.", ll!!. ,-,"'~l -. ' interest and costs and in excess of any jurisdictional. amount requiring . compulsory arbitration. COUNT xm Brittanv Russ, PlaiDtUTv.Boroul!h of Northumberland, Defendant 96. Paragraphs 1-95 are incorporated herein by reference thereto. 97. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 98. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic. control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 27 riJi"'!~,,_,,_,c, - -","- '~1 - - " d. In failing to erect, construct and/or place a tniffic light at "the'intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 99. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 100. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the 28 ;;~, ~: .J?i!!", - , ~ ~" southeastern comer of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 101. At all times relevant hereto, the stop sign located at the southeastern comer of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 102. At all times relevant hereto, Defendant, BDrDugh .of Northumberland, was responsible fDr or had the right to maintain the stDp sign and surrDunding vegetatiDn at the southeast comer of the intersection. 103. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, BDrough of Northumberland, maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and ather vegetation which caused the stop sign to be obscured. 104. Defendant, Borough of Northumberland, was, at all times relevant hereto, in passession, custody and cantral .of the roadway knDwn as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XlV 29 :'.0,:~~ - . . . - ~,__ 1'1; ,-,'- Brittanv Russ. PlaiDtiffv. Dawn R. Ravnes. Defendant 105.. Paragraphs 1-104 are incorporated herein by reference thereto. 106. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 107. The aforesaid collision and all of Plaintiffs injL1ries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and/or vegetation thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring . compulsory arbitration. COUNT XV Sheri Jacobson. P1aintifrv. Barry Lee Mutschler. Defendant 108. Paragraphs 1-107 are incorporated herein by reference thereto. 30 <:;'.~:~~",~,.,..,.,., ~_;,"{,!i1~__ -~-1' "'Co """"~, " _ _, .1., ~^""~ _ _ .109. By reason of the aforesaid collision, Plaintiff, Sheri Jacobson, . suffered pain and severe injuries to her nerves, bones and soft tissues which . . include, but are not limited to, multiple lacerations and glass embedded in her face, head, neck, arms and legs, and closed head injury. 110. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 111. The aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, may have aggravated or been aggravated by an eXisting infIrmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 112. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 113. Plaintiff, Sheri Jacobson, has not fully recovered from her injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment 114. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a loss or impairment of future earning capacity, and claim is made therefore. 115. By reason of the aforesaid collision and injuries suffered by plaintiff, Sheri Jacobson, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying 31 ",'I1'SJlI. ,~-~ - ~"' "']" . . "'.= - out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 116. Asa result of the aforesaid collision and injuries ~lUffered by Plaintiff, Sheri Jacobson, she has been subjected to severe humiliation, embarrassment, shame, worty and anger. 117. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 118. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 119. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been deprived her enjoyment of the pleasures of life. 120. Plaintiff, Sheri Jacobson, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 121. As a result of the aforesaid accident and injuries suffered by Plaintiff, Sheri Jacobson, she has suffere~ a disfigurement, and claim is made therefore. 122. The injuries suffered by Plaintiff, Sheri Jacobson, constitute serious injuries as dermed in the Motor Vehicle Financial Responsibility Law, and she is entitled to maintain an action for her non-economic loss. 32 }!"'..1!!IilJ,_~, , . _", '_, <_~~ T "',"~ '--,r -.'" 123. The foregoiQgaccident, and, all of the injuries and damages set forth above sustained by Plaintiff, Sheri Jacobson, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; 1. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 124. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. 33 I,,,,,,,,..,,, ,!".~." -:-p '" -- ,- - -, ~ -, "~~~" "" WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor ., . , and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVI Sheri Jacobson.Plaintiffv. Sun Comuallv. Ille. t/d/bl BuIlDeo. Illc.. Defendaut 125. Paragraphs 1-124 are incorporated herein by reference thereto. 126. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company,lnc. t/d/b/a Sunoco, Inc., and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 127. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 128. Defendarit, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 34 ""!fo/~ , .,Mt""""'""'r .- ---'I ., -'-'-= .., 129. Defendant, Sun Company, Inc., t/d/b/a SunocD, Inc., was jointly.. and severally negligent for failing to propl;lrly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Sun Company,. Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVII Sheri Jacobson. PlaiDtift'v. Atlantic RefiDine: anelMatketiDe: Corporation. t/el/b/. Atlantic Reflxdnlt Group, Defendant 130. Paragraphs 1-129 are incorporated herein by reference thereto. 131. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group. 132. Defendant, Atlantic Refming and Marketing Corporation, t/ d/b / a Atlantic Refming Group, is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 35 "'"~~~~3i.~ ~~.,-" " ,~" ..- ~. - ~~ " '_0. ~~,. ""r_._, ~_;.- 133. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally as the employer of Defendant, . Bany Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiff's injuries as set forth above. 134. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic. Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVIII Sheri Jacobson, PlaintifJv. Commonwealth of Pennsvlvania. Department of Transportation. Defendant 135. Paragraphs 1-134 are incorporated herein by reference thereto. 136. It is believed and therefore averred that Mary Huber may not have seen the stop. sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 137. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control 36 -,HiP ", ". rI '__I_=~ ' ".~ 'I n. ._""""ItI"~ ~ ~.."_~'ffe and maintenance of traffic control devices for the intersection of Front and . . . Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 138. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. . In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; 37 '<<<I',~, .", ,,~. .-,.--, "~ ~, I -, _rn ~~._-''''' _~ A' h. -In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintifrs injuries; k. In failing. to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise,. manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XIX Sheri Jacobson. Plaintiff v. County of Northumberland. Defendant 139. Paragraphs 1-138 are incorporated herein by reference thereto. 140. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control - 38 ;'''1"91', ~. ,. ,. -- ,~ .,1 ,=-~ ,-.< ,u 14_ ,.~" devices. for the intersection of. Front and Hanover Streets, Northumberland,. Northumberland County, Pennsylvania. 141. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; . b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south ofthe intersection; g. In failing to mark the roadway on Hanover Street at the iritersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, 39 :--''-,'" ", .r ~ ,-, - ~~ .,,_ ~_","","",iIIll\lffi'!!\il!Ifm<f,' thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; . i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the. dangerous . conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, County of Northumberland, in an amoUnt in excess of TWENTY-FNE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XX Sheri Jacobson. Plaintift'v. Boroul!h of Northumberland. Defendant 142. Paragraphs 1-141 are. incorporated herein by reference thereto. 143. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 40 ,-<~,","^...~ ~\' ",.-, , "~, . ! -~,~ -"~.~_~~, ~_f 144~ The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate. result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One w,ay Sign were both attached to the same post, thus decreasmg the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 41 N"'~J~'?'~'!l" ~ ,""",""",,,Jl.l1lt>... ,~,,_. ~ , "1 T """ ~--,.........~ ...,..,,_f'l ~'.:'~> ,. ,."" " i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the interSection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and In failing to adequately supervise, manage or control its employees, agents and representatives. 1. 145. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. .146. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastern corner of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 147. At all times relevant hereto, the stop sign located at the southeastern corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 148. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast corner of the intersection. 149. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 42 . ,. .\ -I'll" n f, , ,f<fJf"-' I" .., \: i " 't~, '\ I I I ! , i , I , , , f I;, t [ ! l.: -~- -. maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs an,d other vegetation which caused the stop sign to be obscured. 150. Defend.ant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Borough. of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00{100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXI Sheri Jacobson. Plaintiffv. Dawn R. Ravnes. Defendant 151. paragraphs 1-150 are incorporated herein by reference thereto. 152. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 153. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and/ or vegetation 43 ;""'1'1!11F",~_"""I"'~ <__ ., '"~ ,-^ ~ '-". ,p- c ""_. ~~. .~'---~""'~~1I1<li>1f_ thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00{100 ($25,000.00) DOLLARS, exClusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXII Jack Deibler. Plaintiffv. Barn Lee Mutschler. Defendant 154. Paragraphs 1-153 are incorporated herein by reference thereto. 155. By reason of the aforesaid collision, Plaintiff, Jack Deibler, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, pelvic and left wrist fractures, multiple rib fractures, aspiration pneumonia which resulted in Mr. Deibler's death on June 10, 1999 at Geisinger Medical Center. 156. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 157. The aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, may have aggravated or been aggravated by an existing infIrmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 44 , A'-ltt$!Ii!lt "~ , '''",' ,-~- " r ,~., '="0 ~ 1!!i1'l!'\l,1ij_.", 158. By reason of the aforesaid collision. and injuries suffered by Plaintiff, Jack Dei,hler, he has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 159. Plaintiff, Jack Deibler, has not fully recovered from his injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 160. By .reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a loss or impairment of future earning capacity, and claim is made therefore. 161. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 162. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has been subjected to severe humiliation, embarras!\ment, shame, wony and anger. 163. As a result of the aforesaid collision and injuries suffered by Plttintiff, Jack Deibler, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 164. As a result. of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler,' he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 45 "{"-'~~~",,~,'1lliI!IlII!l ., ,'. -. . . - r~- Ill! 4""~r~'~'"""'~ 165. By reason of the aforesaid collision and injuries suffered by. Plaintiff, Jack , Deibler, he has been deprived his enjoyment of the pleasures of life. 166. Plaintiff, Jack Deibler, continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 167. As a result of the aforesaid accident and injuries suffered by Plaintiff, Jack Deibler, he has suffered a disfigurement, and claim is made therefore. 168. The injuries suffered by Plaintiff, Jack Deibler, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and he is entitled to maintain an action for his non-economic loss. 169. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Jack Deibler, are the direct and proximate result of the negligent manner in which Defendant, Bany Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; 46 ,.-,j,,,~--~ "l!!I 0-. ~ _ '.,-- "" ..~ f. In permitting his vehicle to. strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 170. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jUrisdictional amount requiring compulsory arbitration. COUNT xxm Jack Deibler. Plaintift'v. Sun ComDanv. Inc. t/d/bl Sunoco. Inc., Defendant 171. Paragraphs 1-170 are incorporated herein by reference thereto. 172. At all times relevant hereto, Defendant, BanyLee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within 47 """"'~ ~." "~, r It 1!I~l!!\..4~~, , . . " ~ r-' ~ -I1I'l ~Ml--~"""""~ WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXIV J!ck Deibler. Plaintifrv. Atlantic RefiniDfl and Marketinfl Ccnoration. tl d/b I a Atlantic Rennin!! GrouD. Defendant 176. Paragraphs 1-175 are incorporated herein by reference thereto. 48 '-'-Cf"Jm1Wi1i1lf!n, , ~~,.,;! .,"_~"""'~!\'s,!!~..-..<!<!~" 177. At all times relevant hereto, Defendant, Barry Lee Mutschler, was ; employed by Atlantic Refining and Marketing Corporation,.tjdjbja Atlantic Refming Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, tjdjbja Atlantic Refming Group. 178. Defendant, Atlantic Refining and Marketing Corporation, tjdjbja Atlantic Refming Group, is liable to Plaintiff, Jack Deibler, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 179. Defendant, Atlantic Refming and Marketing Corporation, tjdjbja Atlantic Refining Group, jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiff's injuries as set forth above. 180. Defendant, Atlantic Refining and Marketing Corporation, t/djb/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Atlantic Refining and Marketing Corporation, tjdjb/a Atlantic Refining Group, in an amount in excess of TWENTY -FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive ofinte~est and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 49 i'TgJ!l'i ,~,n.'__ _.~, 7" ~ . - .. """",^,-'"~~"'''"C'''_""" -.,' COUNT XXV Jack Deibler.. Plaintiff v. Commonwealth of PonDS vI vania. Deoartment of 1'raD:sDortatioD. DefeDda.Dt 181. Paragraphs 1-180 are incorporated herein by reference thereto. I 182. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 183. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control and maintenance of trafflc control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 184. The aforesaid collision and all of Plaintiff's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement,. control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim. and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; 50 .-"'<:!!'.~,i."'; ~ _~_ ,,~^ - ~-~ .- . . ,1I"_"l'!''fI/if~_, '", b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover. Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/Qr the word STOP; h. In allowing more than one sign to be attached to .the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate . the harm that the dangerous conditions would cause to travelers on the roadway; and L In failing to adequately supervise, manage or control its employees, agents and representatives. 51 - . ,~~-- .d! ~ ~. I ' ~ -~ .~- ~~- ~..,.~ ,--,."""~-> WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant,. Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXVI Jack Deibler. Plaintifl'v. Countv of Northumberland. Defenclimt 185. Paragraphs 1-184 are incorporated herein by reference thereto. 186. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 187. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; 52 ,~ij'}l'l'.. !']:i ~ " _, _ ^ _ 0 . " .~ " ~ "'l'"~,__,~. ,.__~li; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. [n failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of 53 ,-"""'m-"~JJIl!iI_" .." ~,<,,"",-.. --~ . .,."..... " ~~,m_ ~ ~_~'<'~~ interest and costs and in excess of any jurisdictional amount. requiring cOll).pulsory arbitration. COUNT XXVII Jack .Deibler. Plaintiff v. Boroul!h of Northumberland. Defendant 188. Paragraphs 1-187 are incorporated herein by reference thereto. 189. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 190. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets m the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 54 ,o,~~~. _ '""'1 "...._no.. ,. . ~,....,.~'. ~ _,P." d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, artd creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 191. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 192. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the 55 ';'f.j~!!!!!,,~,_, _, ._"f"1' " ! " ,...,....,,~~~ :- ~""""_r"~W~~;:-: southeastern corner of the intersection where the. stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 193. At all times relevant hereto, the stop sign located at the southeastern corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 194. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign: and surrounding vegetation at the soutl:1east corner of the intersection. 95. 195. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent. manner in which the Defendant, Borough of Northumberland, maintained the aforesaid stop sign and the surrounding vegeti:t.tion, and by failing to adequately trim tree limbs and other vegetation whiqh caused the stop sign to be obscured. 196. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. COUNT xxvm 56 '~,o;r~-mmipf, .. .~_, r~ ."" ^ _,_ ., ~ -,'~ , . ""': ~- "~, ~,_ "'ii.' Jack Deibler. P1aintiffv. Dawn R. Ravnes. Defendant 197. Paragraphs 1-196 are incorporated herein by reference thereto. 198. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 199. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and/ or vegetation thereon which caused the stop sign a.t the southeast corner of the intersection to be obscured. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: 11/13/01 """~ -"""'~- ."..-. By: Respectfully Submitted, F~.--ILTON , \- I Richard E. Freeburn, Esquire I.D. No. 30965 . . 4415 North Front Street Harrisburg PA 17110 Counsel for Plaintiffs 57 -"'T" -~~"~ ~ - --'~fq>~lm:if ." . VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification' to authorities. Dated:\o-~-o, ~ /-.'.~ MICHAEL GOTTSHALL, Executor of the Estate of Jack Deibler . ',. ~.~ - , ~ <,~~,_w,,~, . VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1/- 07-0/ ~1IweI J ICE HEVEL .';""--Ma111rw~r 1 ,,~~.., .-,."..'~-~ . . . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs' Complaint has been duly served on the following this 15th day of November, 2001, by placing the same in the u.s. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W. Stark, Esquire Torts Litigation Section 15th Floor, Strawberry Square Harrisburg PA 17120 Jeffrey J. Shipman, Esquire GOLDBERG KATZMAN & SHIPMAN, PC PO Box 1268 Harrisburg PA 17108-1268 James A. Zurick, Solicitor County of Northumberland Northumberland County Courthouse 201 Market Street Sunbury PA 17801 Borough of Northumberland 221 Second Street Northumberland PA 17857 \ Barry Lee Mutschler RD 2, Box 474-K Northumberland PA 17857 ^P,"p'T-~ ~ " '; "" . - ~ - , "~~_. ~ ~ ~,_,~",,"_;r..,-. ~ O' ~ ...:1 Z I=' N 3~ LilP ~):~, x: O~ :$. ~.';~ 0... (.)::.J U) ?~[; {i; .~., I..:, _.,..,2 tl,~C;- ::=0 r1:2 _,'I 1ta~ 0.-. ~J:: 0 f":': ~ ::li II. 3 0 0 -.~"...." ,. . , . ". ''1' _n ~ ,_ ,~~ ~,~ !i5.~ PRAECIPE FOR LISTI~~ CASE FOR ARGUME~T (Must be typewritten and subnitted :in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next ArgODent COOrt. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption Il1lJSt be stated :in full) NICROLAS HEVEL, & ~fleT, by Janice Revel, as custodial Parent and Guardian, and in her own right BRITTANY RUSS, A MINOR, BY Janice Revel, as custodial Parent and guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Revel, as custodial parent and guardian. and in her own right MICHAEL GOTTSHALL, EXECUTOR OF THE Estate of Jack D. Deibler, (Plaintiff) VB. BARRY LEE MUTSCHLER, SUNOCO, INC, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES (Defendant) No.01-3504 Civil X It 2001 1. State matter to be argued (i.e., plaintiff's lIDti.on for new trial. defendant's de:rm:rer to canplaint, etc.): PRELIMINARY OBJECTIONS OF DEFENDANT, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION 2. Identify counsel who will argue case: (a) far plaintiff: RICHARD E. FREEBURN, ESQUIRE Address: 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, PA 17112 (b) far defendant: JAY W. STARK, SENIOR DEPUTY ATTORNEY GENERAL Address: OFFICE OF ATTORNEY GENERAL TORTS LITIGATION SECTION 15th FLOOR. STRAWBERRY SQUARE HARRISBURG. PA 17120 3. I will notify all parties in writ:ing within two days that this case has been listed for argunent. 4. Arglment Court Date: Dsted: November 28. 2001 or Department of Transportation '.--C'!.,;^ ", - ;<, ~_~ ,r ~ ., ^., "^,,-"'<J' (") Cl ~) c: -, ?-: % .:1 ~g; c:l ;";::;;9 .0:: Zr:;. N ':'::,:..:;.q v::> ..'I ~~.~ 0,) ",-.. kO -0 J:::g ZC ~ Qc:='; 0 - Orn J;>C .. ~ ~ f:" N -< ;"'"1'''i<!11_ ._T ~~ ,~<..".~~,_ M ~~~, -= ' . , J .. ';"~"a.~" Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 NICHOLAS REVEL, a minor, by Janice Heve1, As custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by JANICE REVEL, llll Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Heve~ as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler Plaintiffs v. :IN THE COURT OF COMMON PLEAS ;OF CUMBERLAND COUNTY, PA NO: 01-3504 CML BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWNR. RAYNES Defendants NOTICE TO PLEAD TO: ALLPARTlES YOU ARE BEREBY NOTIFIED to :file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. DATED; November 28,2001 .....mu .,,~ ,-~ . Respectfully submitted, D. Michael Fisher Attorney General By: . "- "- ~~, ~ ".t""'~, _ J' ~ ..,.., . ~ Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PA NICHOLAS HEVEL, a minor, by Janice Hevel, As custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by JANICE HEVEL, as Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler NO: 01-3504 CIVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWNR. RAYNES Defendants PRELIMINARY OBJECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION AND NOW, comes the Defendant Commonwealth of Pennsylvania, Department of Transportation, ("Commonwealth Defendant" or "PennDOT") by and through the Office of Attorney General, to file Preliminary Objections to Plaintiffs' Complaint pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure, and in support thereof avers as follows: Improper Venue I. No judge has ruled upon this or any other issue in the same or related matter. 2. The above captioned Plaintiffs filed this action in Cumberland County seeking damages as a result of an alleged motor vehicle accident occurring on June 6, 1999 in the "'-""'FI>~,,_~ ~~_,.~" T_ ~_~. N _,__~ ....,,""_ ~ -~~..._,~~ . :' .. Borough of Northumberland, Northumberland County, Pennsylvania. Plain~' Complaint is attached and marked as Exhibit "A". 3. The Commonwealth Defendant is a "Commonwealth party" as provided by Section 8501 ofthe Judicial Code. 42 Pa. C.S. ~8501. 4. An action against a Commonwealth party may be brought only in a county in which the principal office or local office of the Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. 42 Pa. C.S. g8523(a). 5. The principal Gffice of the PennDOT is in Harrisburg, Dauphin County, more particularly, now at the Keystone Building at 400 North Street in Harrisburg, Dauphin County. See 37 Pa. Code !l111.l(b). 6. The local office of the Commonwealth Defendant for purposes of tort actions is the local office in the county where the cause of action arose or in which a transaction or occurrence took place out of which the cause ofaction arose. See 37 Pa. Code !J111.4(c). 7. The accident occurred in Northumberland County and PennDOT maintains a local office in Sunbury in Northumberland County. 8. Venue is proper in either Dauphin County, the location of the principal office of PennDOT or in Northumberland County where the cause of action arose and where the Commonwealth Defendant maintains a local office. 9. Under no circumstances is venue proper in Cumberland County as none of the statutory prerequisites for venue against the Commonwealth Defendant are met there. 10. Furthermore, the Plaintiffs have also sued the County of Northumberland, and an action against a political subdivision may only be brought in the county in which the political ~~~. ~ "~~~ ,- 'f !!b,,,,,,,,_~__~_~._ ~~"''''''"'I''''''~ , . . ~ subdivision is located. Pa. R.C.P. 2103. WHEREFORE, the Commonwealth Defendant requests that this Honorable Court enter an Order transferring venue of this action to Northumberland County, where the accident occurred, with the costs of transfer to be borne by the Plaintiff pursuant to Pa. R.C.P. 1006(e). Insufficient Specificity 11. Pa.R.C.P. 1019(a) sets forth the basic rule offact pleading in PeIUlsylvania -- Le., that the Plaintiffs must set forth the material facts on which a cause of action is based in a concise and summary form. 12. Subparagraphs 46 L and k., 92 i and k., 138 i and k, and 184 L and k. ofPlaintifIs' Complaint should be stricken because they are vague, conclusory, boilerplate allegations of negligence and are not in conformance with the rule of specific facmal pleading. 13. The Commonwealth Defendant is unable to properly respond or prepare a defense to such vague, nonspecific allegations, which also enable the Plaintiffs to alter their cause of action at any point in time prior to trial. WHEREFORE, the Commonwealth Defendant requests that this Honorable Court enter an Order striking these subparagraphs from Plaintiffs' Complaint, or in the alternative, directing the Plaintiffs to amend their pleadings to conform with the Pennsylvania Rules of Civil Procedure. Respectfully submitted, D. Michael Fisher Attorney General By: DATED: November 28,2001 ""~ ,~ ~e. ,~, J" , ~~r "-,~,'=,- ~!!ll, _. M~ ~~~~-~""'''''''~,1 "1!('; __~. _ '. 1 ~ '. EXHIBIT "A" ,. -= ~,~- " ,l_,~_,,~ ~~,,"!'P!~~; I, " 01. ,.! ,1 '. NICHOLAS BEVEL, a minor, by J8IIicc Hevel, as Custodial Parent and Guatdian, and in her own right; BlUTI'ANY RUSS. a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by J8IIicc Hevel, as Custodial Puent and GiIatdian, and in her own right; MICHAEL G01TSHALL, Executor of the ESTATE OF JACK. DElBLER, deceased Plaintiffs v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., t/dfbla SUNOCO, INC. ATLANTIC RBFImNO AND MARKETING COlU'ORATION, tldfblaATLANTIC REFlNINO GROUP; COMMONWEALTII OF PENNSYLVANIA DEPARtMEN'I OF TRANSPO:RTATION; COUNTY OF NOR'I'HUM!3B1U.AND; BOROUGH OF NOR'IHUMBE:RLAND; DAWN R. RAYNES, Defendant rG@[fJ'Yf : IN TIlE COUltT OF COMMON PLEAS : 'CUMBERLAND COUNTY. PENNSYLVANIA : NO. ()1-3504 : CIVILACI'ION -LAW : JURY TRIAL DEMANDED RECEIVED Office of AttC'rnG-Y General NOV 1 S ZOOl Torts Litigation NOTICE YOU HAVE BEEN SUED m COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) da.ys after this CompIaint 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR ,TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 IJBER'IY AVENUE CARLISLE, PA 17013 (717) 249-3166 ';-, -'~rJ'''' , I , , ' ", ,,,,- L~ . Richard E. bum, Esquire FREEBURN & HAMILTON 4415 North Front Street Hamsburg PA 17110 (717) 671-1955 1.0. 1130965 Attorney for Plaintiff Date: 11/15/01 .."",.""'-.. ., '.~"'""-~ , ' ' "I - l, ._^ "~~"!!"''W\'''l!'1j!!!m'rf.l . ~', " '":~"1,L.._ . NICHOLAS BEVEL, a minor, by Janice Bevel, as Custodial Parent and Guardian, and in her own right; BRI'ITANY RUSSi a minor, by Janice Hevel, as Custodial Parent and Guardian, arid in her own right, SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guarman, and in her own right; MICHAEL GOTISHALL. Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs v. BARRY LEE MlTI'SCHLER; SUN COMPANY, INC., tldlblaSUNOCO, INC. ATLANTIC REFINING AND MARKETING CORPORATION, tldlblaATLANTIC REFIN1NG GROUP; COMMONWEALTH OF PENNSYLVANIA DllPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R. RAYNES, Defendant : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE Le haIldellD!loDdado a usted eD Ia corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de Ia demanda Y. la notification. Usted de~ presentar ua apariencia emta 0 en persona 0 por abogado y archivar en]a corte en forma escrita sus defensas 0 sUs objeciones a las demandas en contra de au persona. Sea avisado que si usted no Be deliende, Ia corte' tOmafa medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en Ia peticion de demanda. Usted puede perder dinero 0, sus propiedades 0 otros derechos importantes para usted. LLEVE I!:STA DEJrlANDA A UN ABODAGO INMEDlATAMERTE. S1 NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SE~VICIO, VAYA EN Pl!:RSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECC10N SE ENCUENTRA ESCRITA ABAJO PARA AVERlGUAR DONDE SE PUgDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) ~9.:-3166 _ ,/y' '. 'il- I , , . 1:---, <;c.:~~ '. RichSrd E. Freeburn, Esquire FREEBURN & HAMlLTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 to. #30965 Attorney for Plaintiffs Date: 11/15/01 - 1- ~I ,~~,~~ -~~ "-- ,-~,. . ~ , , ' '. , NlCHOLAS BEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in'her own right; BRITTANY RUSS, a minor, by Janice Revel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by , Janice Revel, as Custodial Parent ."' and Guardian, and in her own right; MICHAEL GOITSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs , : IN TIlE COURT OF COMMON PLEAS :' CUMBERLAND COUNTY. PENNSYLVANIA '. : NO. 01-3504 : CIViL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., tld/b/aSUNOCO, INC, ATLANTIC REFINING AND MARKETING CORPORATION, tJd/b/a ATLANTIC RBFINING GIWUP; COMMONWEAL1H OF : PENNSYLVANIA DEPARTMENT OF TRANSPORTATlO~; COUNTY OF NORnruMBBRLAND; BOROUGH OF : NORTHUMBERLAND; DAWN R. RAYNES, : Defendant COMPLAINT AND NOW come Plaintiffs, by their attorneys, FreebUrn & Hamilton, and file the following Complaint: I. PARTIES: 1. Plaintiff, Nicholas Hevel, is a minor, age 10, born on October 5, 1990, who resides with his mother and natural guardian, Janice Hevel at 302 S. State Road, Maiysville, Perry County, Pennsylvania. ,2. ' Plaintiff, Brittany Russ, is a minor, age 8, born on May 21, 1993, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. '-'<.'~:~-~- ~,-~ ~, "",,",' - ,-'.~ 'I .t- ~_~ ~ ,""",,,,' '''1~~ ~=F"'~'"~~ - . , ' . 3. Plaintiff, Sheri Jacobson, is a minor, age 17, born on May 2, 1984, who resides with her rnother and natural guardian, Janice Hevel at 302 S. ' State Road, Marysville, Perry. County, Pennsylvania. 4. Plaintiff, Michael Gottshall is the Executor of the Estate of Jack D. Deibler, by virtue of Letters Testamentary issued by the Register of Wills of Cumberland County, Pennsylvania on July 1, 1999. 5. Defendant, Bany Lee Mutschler, is an adult individual who resides at RD 2, Box 474-K, Northumberland, Northumberland County, Pennsylvania. 6. ,Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is a Pennsylvania corporation with a registered, office at 1801 Mfirket Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 7. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, is a Delaware corporation, with a registered office at CT Corporation System, 1515 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly .conducts business in Cumberland County, Pennsylvania. 8. Defendant, Commonwealth of Pennsylvania, Departrnent of Transportation, is a governrnent entity, having a principal place of business at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania. 9. Defendant, County of Northumberland, is a government entity, having its principal place of business at 201 Market Street, Sunbury, Northumberland County, Pennsylvania. 2 "l\~ ,r_" < r' "''', . . f'~~ ~. fji . - . . . , " 10. Defendant, Borough of Northumberland, is a government entity, having its principal place of .busine~s' at 221 S. SecoIid Street, Northumberland, Northumberland County; Pennsylvania. 11. Defendant, Dawn R. Raynes, is an adult individual, who resides at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania. II. FACTS 12. The facts and occurrences hereinafter related took place. on or about June 6, 1999 at approximately 3:28 pm at the intersection of Hanover Street and Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 13. At that time and place, Plaintiffs were passengers in an automobile driven by Mary Huber who was traveling north on Hanover Street in the . Borough of Northumberland, Northumberland County, Pennsylvania. 14. At that time and place, Defendant, Barry Lee Mutschler, was operating a tanker type tractor-trailer truck owned, by Defendant, Sun Company, Inc. and/or Atlantic Refining and Marketing Corporation, in a westerly direction on' Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 15. At that time and place, the truck operated by Defendant, Barry Lee Mutschler, struck the autornobile operated by Mary Huber in the intersection of Front Street and Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania, causing the Huber vehicle to be pushed into a utility pole at the northwest corner of the intersection. 3 ,:,~l\'-' __ ,,~" ~,-" - 011 ~ ~!~, .~ ,.. ~I "' '_.'!""'''''.'''''F''''li'.'''''''''''')''f~ -, . . , '" ,~ COUNT I Nicholas Bevel, PlaiDtifrv. Barrv Lee Mutscbler. Defendant 16. Paragraphs 1-15 are incorporated herein by reference thereto. 17. By reason of the aforesaid collision, Plaintiff, Nicholas Hevel, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, skull fractures, cerebral edema, punctured lung, fractured right fernur, closed head injuries, complete left sixth cranial nerve palsy and eye injuries. 18. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel,he has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. , 19. The aforesaid collision and injuries suffered by Plaintiff, Nicholas HeveI, may have aggravated or been aggravated by an existing infumity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. , 20. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 21. Plaintiff, Nicholas Hevel, has not fully recovered from his injuries, and it is reasonably likely future medical treatment will be, required, and claim is made for the expense of said treatment. 4 rWjl';:ilf., , -~ , ~" .. ~r ,- ~--,~ ,... ,"ICli'J'O'l"" ~" L ~ I , , ~ '22. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he ha.s suffered a loss or impairment of fu~re earning capacity, and claim is made therefore. 23. By reason of the' aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has undergone and in the future Will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 24. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe humiliation, embarrassment, shame, worry and anger. 25. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 26. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 27. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been deprived his enjoyment of the pleasures of life. 28. Plaintiff, Nicholas HeveI, continues to be plagued by persistent pam and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 5 ';"'"\"""""'", _"ct' ,~ . -- ~:. - 1--- -~~~ ~,~ " r"' , ,'~ -~" ,_~diID;X . ' . ,"" .' ,~ 29. As a result of the aforesaid accident and injuries suffered by Plaintiff,> Nicholas ,Revel, he has ,suffered a disfigurement, and claim is made therefore. 30. The injuries suffered by Plaintiff, Nicholas Hevel, constitute serious injuries as defmed in the Motor Vehicle FmancialResponsibility Law, and he is entitled to maintain ail action for his non-economic loss. 31. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Nicholas Hevel, are the direct and proximate result of the negligent manner in which Defendant, Barl)' Lee Mutschler, operated his tanker truck as follows: a.' In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe MaJY Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured dear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; , 6 .i'",,~,u. "i' ~~ ,~,,~~ ,...,"~~. Ni~~~'" .^.' ~~~~_~7-- . , . . , ;, ! ~ j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 32. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWEN1Y-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT n Nicholas HeveLPlaintiiTv. SUD COI1lUaDv.,mc. t/d/b/ Suuoco. IDe.. DefeDdant 33. Paragraphs 1-32 are incorporated herein by reference thereto: 34. At all times relevant hereto, Defendant, Barry Lee Mutschler, was ernployed by Sun Company, Inc. t/d/b/a Sunoeo, Inc., and was acting within the course and scope of his employment, furthering their interests, acthrities, affairs or business of Sun Company, Inc., t/d/b/a Sunoeo, Inc. . 35. Defendant, Sun Company, Inc., t/d/b/a Sunoeo, Inc., is liable to Plaintiff, Nicholas HeveI, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 36. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its 7 ,,'-~^~ -,~~, . " , . ';~ .-- , ~ " ~_~, ~ ~.~"~'9" ~_ _ ,<'''_. ~~i , , '''' ~ driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 37. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, SUn Company, Inc.,. t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT In Nicholas Hevel. Plaintiff v. Atlantic, Ref'minl! and MarketiDl! Coro,oration. t/dfb/a Atlantic Reftnl..... GrouP. Defendant' 38. Paragraphs 1-37 are incorporated herein by reference thereto. 39. At all times relevant hereto, Defendant, Barty Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation, tfd/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities,' affairs or business of Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group. 40. Defendant, Atlantic Refining and Marketing Corporation, tfd/b/a Atlantic Refining Group, is liable to Plaintiff, Nicholas Hevel, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 8 ~",i)l!i~llJl~= ,-, -~c"""""., i,'~ <-- 1'~ , T ( ,_ .,.,=~ ~IW' '~"'~-pr;"'~"" . , < , . , '. ... 41. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a , . Atlantic Refining Group, jointly and severally as the employer, of Defen~~t, Barry Lee Mutschler, was negligent for knowingly, and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 42. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic RefIning Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevet demands judgment in his favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any juriSdictional amount requiring compulsory arbitration. COUNT IV Nicholas Hevel. PlaiDtifi'v. Commonwealth of PennsylvaDia. Deuartment of Transuortation. Defendant 43. Paragraphs 1-42 are incorporated herein by reference thereto. 44. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the' intersection with Front Street without stopping. 45. ' Defendant, Commonwealth of Pennsylvania, 'Department of Transportation, has responsibility for the selection, erection, placement, control 9 , --''IN'''!1'!',,",~~.,?,,,",,~ ~ ',""" "";'~ ,_! ~ ~__ ,,.....,,.""-....1' "1 .~, ~_. ~. .~ , "'!~"O"='""""'~~~"'_,,_' :' . . , , '. ~ and maintenance of traffic control devices for the intersection of Front and Hanover. Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 46. The aforesaid collision and all of Plaintiff's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland~ Northurnberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop' sign on Hanover Street to be obscured; b. In the erection, constluction, placement and! or maintenance of the stop sign at Hanover Street; c,. In failing to constluct and! or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; , d. In failing to erect, constluct and! or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to selec.t, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead slgn on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and! or the word STOP; 10 ~~~ ~ ~.,,~~ ~- r ~~.~ ~. .,. l'irllll~t " ,..,," _~ ~~....,-. ! , . ' h. In B110wing rnore than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both: attached to the same post,' thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; ,1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous' conditions .set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the" harm that the dangerous conditions would cause to travelers on the roadway; and ' 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of 1WENTY-FIVE THOUSAND & 00 J 100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of ' any jurisdictional amount requiring compulsoIY arbitration. COUNT V Nicholas Hevel. Plaintiffv. County of Northilmberland. Defendant 47. Paragraphs 1-46 are incorporated herein by reference thereto. 48. Defendant, County of Northumberland, has respop.sibility for the selection, erection, placement, control and maintenance of traffic control 11 -"'~, "~ -~ - - , I ," ." "~~ "' ~~^," ''''''''''''''.- ,- -~ ~_ ..~ll 'i!l!lWF , . . ~ devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland CoUnty, Pennsylvania.. 49. ,The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the, Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured;' . b. In the erection, construction, placement and/or rnaintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, 12 "l)',iFi\.\W!1.~>"'1 . "'~~~~..,..."" > ~ <I' . ~- - ~ ..., r~ 'f'~-'~"-'f . . .. . thus decreasing the, visibility, conspicuity and effectiveness of the stop Sign, anq creating a dangerous condition; 1. , In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; arid l. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas HeveI, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, excluSive of interest and ,costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI Nicholas Revel. Plaintift'v. Boro112h of Northumberland. Defenclaut 50. Paragraphs 1-49 are incorporated herein by reference thereto. 51. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 13 o",':'~~ , , , T~~ '1" ", "=11 r " " r- """""'.",,""", """,,~.ff.' . ~-Ji;'!~l;_, .. 52. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth .ab.ove are, the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect,. construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this. case, a stop sign and a One Way Sign were both attached to the same post, , thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 14 ""'_"" .~, .La ._ "~~_'~'_' _, .. _ ~~ --, .~ __ ~".C".f.~ . .. . i. In failing to adhere to reasonable traffic safety provisions in , conformance with state apd national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and l. In failing to adequately supervise, manage or control its employees, agents and representatives. 53. 'At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastem comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 54. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastem comer of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 55. At all, times relevant hereto, the stop sign located at the southeastem comer of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 56. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast comer of the intersection. 57. The aforesaid collision and all of Plaintiff's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 15 '-'i~<<iJ!L.- -,~ - '" ,- ~ "1'-- ~ , ~~ "~.",,..~ -~ ~ ~",",=Ai"fr . maintained the aforesaid stop sign 'and the surrounding vegetation, and by failing to adequately trim tree limbs and Qther vegetation which, caused the stop sign to be, obscured. 58. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Nicholas Revel, demands judgment in his favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VII Nicholas Hllive!, PJaintiffv. Dawn R. Ravnes. Defendant 59. Paragraphs 1-58 are incorporated herein by reference thereto. 60. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northurnberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 61.' The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent rnanner in which the Defendant, Dawn R.Raynes, maintained the ,aforesaid real property by failing to adequately trim trees and/ or vegetation 16 _"-"fitill':1l!f:l,^,., ,- --,7~"" . , __.~~I~r~,_' thereon which caused the stop sign at the southeast corner of the intersection to be obscured. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional, amount requiriilg compulsory arbitration. COUNT vm Brittanv Russ. Plaintifl'v. Barrv Lee Mutschler. Defenc1ant 62. Paragraphs 1-61 are incorporated herein by reference thereto. 63. By reason of the aforesaid collision, Plaintiff, Brittany Russ, suffered pain and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, right frontal parietal degloving scalp injury, right inferior ramus fracture with large pelvic hematoma, gross hematuria, small punctate hemorrhage in the left basil ganglia, closed head injury and right parietal cephalohematoma. 64. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 65. The aforesaid collision and injUries suffered by Plaintiff, Brittany Russ, may have aggravated or been aggravated by an existing inf1rIIlity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 17 '-""'~'Il"I'Ill'",__ ,,<- - ."'- " . __ , ~ ---....... r~'"~_~_. ~ _Nm.,"~II:~"'- 66. By r~ason of the aforell8ld collision' and injuries suffered by Plaintiff, Brittany Russ; she has required reasonable and. necessary medical tests, medical examinations, rnedical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 67. Plaintiff, Brittany Russ, has not fully recovered from her injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 68. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a loss or impairment of future earning capacity, and claim is made therefore. 69. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 70. As a result of the aforesaid collision and injuries suffered by, Plaintiff, Brittany Russ, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 71. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 72. As a result of the aforesaid collision and injuries suffered by 'Plaintiff, Brittany Russ, she will coIitinue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 18 --i"',,;,,fffl\C7 ~ -. " - ~ " t '- _~ "~~f1'-'__",~",,,,,~~~~;; .. 73. By reason of: the aforesaid collision, and injuries suffered by Plaintiff, Brittany Russ, she has been deprived ber enjoyment of the pleasures of life. 74. Plaintiff, Brittany Russ, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 75. As a result of the aforesaid accident and injuries suffered by Plaintiff, Brittany Russ, she has suffered a disfigurernent, and claim is made therefore. 76. The, injuries suffered by Plaintiff, Brittany Russ, constitute serious injuries as derIDed in the Motor Vehicle FIDancial Responsibility Law, and she is entitled to maintairi an action for her non-economic loss. 77. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Brittany Russ, are the direct and proximate ' result of the negligent rnanner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; , 19 ""~~I..."..,~. ~~..,...,::~~" ~". O~, "~, '" .< ~~"."","-""""",,_~)J f. In permitting his vehicle to strike and collide with' the vehicle operated by the Mary Huber; In failing to exercise the high degree of care required of a motorist entering an intersection; g. h. In rerlling to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 78. It is believed and therefore averred that Defendant, Barry Lee Mutschler'll actions constitute negligence per se. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Barry Lee Mutschler, in 'an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest ,and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IX Brittanv Russ. Plaintiffv. SUnCompailv. IDC. t/d/bl Sunoco. Ine.. Defendant 79. Paragraphs 1-78 are incorporated herein by reference thereto. 80. At all times relevant hereto, Defendant, Bany Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within 20 %H>l!~J'~^ _, =~r;..J ~~) ,~.,.... -I r -. "1 " ~ , .=, >,~"~- the course and scope of his employment. furthering their interests; actiVities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 81. Defendant, Sun Company, Inc., t/d/b/a Sunoeo, Inc., is liable to Plaintiff, Brittany Russ, for the negligent and wrongful actions of its employee, Defendant, Bany Lee Mutschler, under the theory of respondeat superior. 82. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler" was negligent for knowingly and intentionally failing to properly select, train and supervise its 'driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiff's injuries as set forth a.bove. 83. Defendant, Sun Company, Inc., t/d/b/a Sunoeo, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaiiltiff, Brittany Russ, demands judgment in her favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,OOO.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT X Brittanv Russ. Plaintift'v.Atlantic Refiniull and Marbtinl!: Corporation. tl d/b I a Atlantic Ref"minll GrouD. Defendant 84. Paragraphs 1-83 are incorporated herein by reference thereto. 21 _T~ " _ ~ f ,~ - '1- ~, ~ ~-~ ',.r ., , ~~, -". ~-~, ,~-,",.., '""~;:;IW~..", _ .. 85. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by.Atlantic Refining and Marketing 'Corporation, t/d/b/a Atlantic Refining Group, and was acting within, the coUrse and scope of his ernpIoyment, furthering their interests, activities, affairs or business of Atlantic Refming and Marketing Corporation, t/d/b/aAtlantic Refining Group. 86. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Brittany Russ, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 87. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group, jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintifrs injuries as set forth above. 88. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group, was jointly and severally negligent for failing to properly maintain and, repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 22 - """. ,.'- ..".. .~~~ __~I ' ~ ~ 11~1~! .11 I) "~~i""'" . , . COUNT XI BrittaDV Russ. PlaiDtift"v. Commonwealth ofPennsvlvania. Department of TransoortatioD. J)efe:lllclant 89. Paragraphs 1-88 are incorporated herein by referenc~ thereto. 90. It is believed and therefore averred that Milly Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 91. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 92. The aforesaid collision and all of Plaintiff's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant. Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, ' selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to _ trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; 23 -'~TI'm'"V'M , 'r __~ _e_, ~ . " """"""''''''''''-,'''''l'''''''''''",. r ~,_=_"""~ b. In. :the erection, construction, placement and/or maintenance of the stop sign at HB.!-"lover Street; c. d. 'i In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to rnotorists heading north, on Hanover Street that they are approaching a stop sign; In failing to erect, 'construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; , f. In failing to erect a Stop Ahead sign on Hanover street south of the intersection; g. In failing to rnark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; In allowin~ore than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; h. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. ' In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and l. In failing to adequately superVise, manage or control its 'ernployees, agents and representatives. -..,~>~~ ,'" 24 F----'--" 'C, ....~~ . ~ ","...",,-- , wtIEREFQRE, Plaintiff, Brittany Russ, demands judgment in her favor and against pefendant; Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT,xn Brittanv Russ. PlaiDtiffv. County ofNorth'llmbetland. Defendau.t 93. Paragraphs 1-92 are incorporated herein by reference thereto. 94. Defendant, County of Northumberland, has responsibllity for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 95. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland, County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; , b. In the erection, construction, placement andlor maintenance of the stop sign at Hanover Street; 25 +'~~'" ~, ~ ~" " -' ~ .' , , . h,~.~ "~ ._ . , c.. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provid~ adequate notice to motorists. heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traflic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing rnore than one sign to be attached to the post that the stop sign Was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creatiilg a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers OIl the roadway; and 1. In failing to adequately supervise, rnanage or control its ernployees, agents and representatives. WHEREFORE, Plaintiff, Brittany Russ, dernands judgment 1n her favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of 26 ';-',*,~ J:I"l!ll _ "'" -- 1- - ~ --~"..=""',~~- I " ,~_~.,,_ .~; . . , interest and costs and in excess of any jurisdictional amount requiring , compulsory arbitration. COuNT XIII Brittanv Russ. Plaintift' v. Boroul!h of l(orthumberland. Defendant 96. Paragraphs 1-95 are incorporated herein by reference thereto. 97. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover, Streets, Borough' of Northumberland, Northumberland County, Pennsylvania. 98. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street' to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 27 < '~':""l'~~~ ~ ~ ~'" - " rr"~ n -__".+" !".,_~=~.'"'t~ ,~ . d; 'In failing to erect, construct andJ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintaiIl the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and! or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a step sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; , i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangeroui; conditions set forth herein which caused the accident and Plaintiff's injuries; . k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and L In failing to adequately supervise, manage or control its employees, agents and representatives. 99. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 100. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the 28 -,-,l':~,_.~~_~", I!!fll IS:!. " I 1- " ., """"-'f-"""_""'~"""l"''''''~'''''~~'~ .~.'"~ ~ southeastern comer of the intersection where the stop sign was erected for the purpose of con trolling J;I:affic traveling north on Hanover Street. 101. At all times relevant hereto, the stop sign located at the, southeastern corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 102. At all times relevant hereto, Defendant. Borough of Northumberland, was responsible for orhad the right to maintain the stop sign and surrounding vegetation at the southeast comer of the intersection. 103. The aforesaid collision and all of Plaintiffs injuries, damages and 'losses herein stated are the d.ire'ct and proximate result of the careless and negligent manner in which, the Defendant, Borough of Northumberland, maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 104. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XIV 29 '~~~A liJIJW'l1iYf,' It. .,. ~ ., - ~." , ;!!."'i' . """f-_ ;' ' Brittanv RUBS. Plaintiff",. DaWn R. Ravnes. Defendant' 105.. Paragraphs 1-104 are incorporated herein by reference thereto. 106. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 107. The aforesaid collision and all of Plaintiff's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real propertY by failing to adequately trirn trees and I or vegetation thereon which caused the stop sign at the southeast corner of the intersection to be obscured. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring .compulsory arbitration. COUNT XV Sheri Jacobson. Plaintiffv. Barry Lee Mutschler. Defendant 108. Paragraphs 1-107 are incorporated herein by reference thereto. 30 -'2l'~_~,_o ",~ . )~- -~'~-~,,"'~, ,- '" , . "~~-' . . 31 ~I ~_~ L. """'_"!'~~, ~'~y~ " " , " ,-"~~. -~.~-~~~.,.""..",~~ . , out her daily activities, loss of life's pleasures and enjoyment, and claim. is ' made therefore. 116. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been subjected to' severe humiliation, embarrassment, shame, wony and anger. 117. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 118. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she will continue to endure great mental anguish, emotional distress, shame, wony and anger in the future. 119. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been deprived her enjoyment of the pleasures of life. 120. Plaintiff, Sheri Jacobson, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a ' permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 121. As a re&ult of the aforesaid accident and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a disfigurement, and c1aimis made therefore. 122. The injuries suffered by Plaintiff, Sheri' Jacobson, constitUte serious injuries as defmed in the Motor Vehicle Financial Responsibility Law, and she is entitled to maintain an action for her non-economic loss. 32 "i.-,"~ ill:'-'l1~lJJ l11J, < ~ ,--- " ~- - ., ~ -. '"9" .il'l<'_~' , ' 123, ' The foregoir,!g accident, and all of the injuries and damages set forth above sustained by Plaintiff, Sheri Jacobson, are the direct and proximate result of the negligent rnanner in which Defendant, Bany Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circums~ces; b. 'In failing to apply his brakes in time to aV,oid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to, drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; , i. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 124. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. 33 """'" ""~~-~ " ,. ~- - ,'-' - - , ~~,,. ~~~-" ~,-"; WHEREFORE, Plaintiff, Sheri J~cobson; demands judgment in her favor and against Defendant, Barry Lee Mutschler, in an amount in. excess of TWENTY-FIVE THOUSAND & 00/100 ($25,OOO.OO) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional 'amount requiring compulsory arbitration. COUNT XVI Sheri JacobsoD. PlaiDtiffv. Sun CODlDaD'f'. IDC. t/d/bl SUDOCO. Inc.. Defendant 125. Paragraphs 1-124 are incorporated herein by reference thereto. 126. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within the course and scope of his employment, furthering their interests, activities, affairs Ot business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 127. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 128. Defendant, Sun Cornpany, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly 'select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 34 , 129. Defendant, Sun COInpany, Inc., t/djb/a Sunoco, Inc., was jointly , and severally negligent for f~ling to propE;:dy maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FNE THOUSAND & 00/100 ($25,000.00) DOLlARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVII Sheri Jacobson. Plaintifl'v. Atlantic Refinine: and MarketiDl! Corporation. t/d/b/a Atlantic Refinisl!: GrOUD. Defendant 130. Paragraphs 1-129 are incorporated herein by reference thereto. 131. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refming Group. 132. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutsch,ler, under the theory of respondeat superior. 35 ':;'j':iW~!'I~'7'"_"'!'_"."~"__ ~. ~, ~- I ..,=- , I , - r ~I;J _~__[ . 133. Defendant, Atlantic Refming and Marketing Corporation, t/dJb/a Atlantic Refining Group, jointly and severally as the employer of Defendant, , Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 134. Defendant, Atlantic Refining and Marketing Corporation, tJdJb/a Atlantic, Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Atlantic Refining and Marketing Corporation, tJdJbJa Atlantic Refining Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT xvm Shed Jacobson. PlaintifFv. Commonwealth ,ofPennsvlvania. D6vartmelit of TransDOrtation. Defel1daa.t 135. Paragraphs 1-134 are incorporated herein by reference thereto. 136. It is believed and therefore averred that Mary Huber may not have seen the stop' sign at Hanover Street, and that she, proceeded into the intersection with Front Street without stopping. 137. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control 36 '"",,,~, r ,~ .,..,,~'~~ ~ ~ ~" ~ ., ~o" ~.", ~_".Cf'_ ,,01"" ',~,_~ 1!Il<>l'm'; and maintenance of traffic control'devices for the intersection of Front and Hanover StreetS in 1:he Borough of Northumberland, Northumberland County, Pennsylvania. 138. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent Il1anner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation" thereby" causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stor> sign to provide adeqliate notice to motorists' heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP' , ' 37 "~"~~-il'1"'" ,1 ~'1. -..-. ,," "~- r ~ - -,. - I _:"I'E1,>,,,.,.,,,.,,,,,,,,,,~ _I~ .,~, h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failirig' to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in eXcess of ' any jurisdictional amount requiring compulsory arbitration. COUNT XIx Sheri Jacobson. Plaintiff v. Countv of Northumberland. Defendant 139. Paragraphs 1-138 are incorporated herein by reference thereto. 140. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control 38 -'~.,~w;~ ~~"__'~I_""-'-~ . _ ~h~,', ',' , . ,,,,,,",,,,,,,,, - .<" ~~'=-"",,,,~_<ll':?/;l'lI!l!&ijl;IJJ'lmt'l" , deVices for the intersection of Front arid Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 141. The aforesaid collision and all of Plaintifi's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; . b. In the erection, construction, placement and/or maintenance of the stop sign at HanoverStreet; c. In failing to construct andlor place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanov.er Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing mo~e than one sign to be attached to the post that the stop Sign was attached to, in this case a stop sign and a One Way Sign were both attached to th~ same post, 39 "';"'_~1lf;a... _ !1"""~ " '-f " " , ~>r ~.- U "I __ "~""'" ~~~I'!>,~~I'W"'> i. thus decreasing the visibility, conspicuity and effectiveness' of the stop sign, and creating a dangerous conditiOIi.j , In failing to adhere to reasonable traffic safety ,provisions in conformance with state and national standards; , j. In failing to inspect the intersection and discover the dangerous conditions' set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the, dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, County of Northumberland, in an amoUnt in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring co:mPulsory arbitration. CO'UNT XX Sheri Jacobson. Plaintiff v. Boroue:h of Northumberland. Defendant 142. Paragraphs 1-141 are, incorporated herein by reference thereto. 143. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of' Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 40 -_-'nll>~",,-<~" ~ ~ ~,,=~li!m '., r'- -, """"",,"!!\\_!!I!l""'~L "~, ~ " 144~ The aforesaid collisioriarid all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County I Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; , b. In the erection, construction, placement and/ or maintenance of the stop sign at HanOVer Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. , In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 41 i~,\ . ,,_ ,",""""" _ "~.,..,.,..~ e. = - , '"~r .~"' ~~ ~ " -..,.. - 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. 'In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In, failing to adequately supervise. manage or control its employees, agents and representatives. 145. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 146. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastern corner of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 147. At all times relevant hereto, the stop sign located at the southeastern corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 148. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast corner of the intersection. 149. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 42 . ',-, ~" -~ ~ ~~ ..-." , 'I: r "~"",..~~~ , ~~~ maintained the aforesaid stop sign and the surrounding vegetation, arid by failing to adequately trim tree limbs a11d other vegetation which caused the stop sign to be obscured. 150. Defend'ant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00{1O0 ($25,000.00) DOLLARS, exclusive of ,interest and costs and in excess of any' jurisdictional amount requiring compulsory arbitration. COUNT XXI Sheri Jacobson. Plaintiffv. Dawn R. Ravnes. Derendant 151. Paragraphs 1-150 are incorporated herein by reference thereto. 152. At all times relevant hereto, Defendant, Dawn R. Raynes" was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 153. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained 1;he aforesaid real property by failing to adequately trim trees and{ or vegetation 43 .,"'m_~'iJt'Ylf ,,'~ ~ ~-~ -, ,., ~~ " _ 11 -"-'"'~..~-- ,""~~,,,~,0 . thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in ,her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & QO{lOO ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXII Jack Deibler. Plaintiff'v. Barry Lee Mutschler. Defendant 154. Paragraphs 1-153 are incorporated herein by reference thereto. 155. By reason of the aforesaid collision, Plaintiff, Jack Deibler, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, pelvic and left wrist fractures, multiple rib fractures, aspiration pneurnonia which'resulted in Mr. Deibler's death on June 10, 1999 at Geisinger Medical Center. 156. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a heightened possibility that he \ViII. suffer other or additional injury in the future, and claim is made therefore. 157. The aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, may have aggravated or been aggravated by an existing inflrII1ity, condition or disease, resuIting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 44 '"-''';;;~l! .'''''''''''''-''''''''l''''''' ~"~.~ "~--< . _ ~~, " - --~ ,,~ - r~~' ~,.~"""""'~ 'IIf'':'~ ~_._.;:, 158. By reason of the aforesaid collision and injuries suffered by PI~tiff, Jack De~bler, he has required reasonable ~d l1ecessatymedical tests, medical examinations, medical, treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 159. Plaintiff, Jack Deibler, has not fully recovered frorn his injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 160. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a loss or impainnent of future earning capacity, and clairn is made therefore. 161. By reason of the aforesaid collision' and injuries suffered by Plaintiff, Jack Deibler, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 162. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has been subjected to severe humiliation, embarrassment, shame, worry and anger. 163. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has been subjected to severe mental anguish, emotional distresfl, nervous shock, fright and horror. 164. As a result' of the aforesaid collision, and injuries suffered by Plaintiff, Jack Deibler, he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 45 "'~:,<ifi!l';~_~_, ~~ _, ,l8J~,...., ~ " ""'liIr I = - 1 -"- ~~ r ~ , ~ ~ " - -~ 165.' By reason of the aforesaid collisiori and injuries suffered .by. Plainti,ff, Jack,Deibler, he has been deprived his enjoyment of the pleasures of life. 166. Plaintiff, Jack Deibler, continues to be plagued by persistent pain and . limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 167. As a result of the aforesaid accident and injuries suffered by Plaintiff, Jack Deibler, he has suffered a disfigurement, and claim is made therefore. 168. The injuries suffered by Plaintiff, Jack Deibler, constitute serious' injuries as defined in the Motor Vehicle Financial Responsibility Law, and he is entitled to maintain an action for his non-economic loss. 169. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, ,Jack Deibler, are the direCt and proximate result of the negligent manner in which Defendant, Bany Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; , b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; , 46 -~~~~, . ,~ , " '[ ~='-"--~-~fi,_=""':5'!~'<'i f. In permitting, his v'ehicl~ to strike and collide with the vehicle operated by the Maxy Huber; > g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 170. It is believed and therefore averred that Defendant, Bany Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Bany Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXIII Jack Deibler. Plaintiff'v. Sun ComDanv. Inc.tfd/bf Sunoco. Inc.. Defendant 171. Paragraphs 1-170 are incorporated herein by reference thereto. 172. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a SunocD, Inc., and was acting within 47 -~;,r,":<'ilrnr"%<!~" ,~~ ,~ ]~ ~ --<~. -"'-"~__T" n~ s:;; ,;.c-."," -.-~.-", '-r "' >', ~__,,_~, ~-,,~ hO the cOUrse and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 173. Defendant, Sun Company, Inc., t/d/b/a Bunoco, Inc., is liable to Plaintiff, Jack Deibler, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 174. Defendant, Sun Company, Inc., t/d/b/a Bunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing' to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiff's injuries as set forth above. 175. Defendant, Sun Company, Inc., t/d/b/ a Bunoco, Inc., was jointly and severally negligent for faiJ.ing to properly maintain and repair its tanker , .~ truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXIV Jack Deibler. Plaintiffv. Atlantic Retinine: and Marketin<< C01'1)Oration. t/d/b/a Atlantic Rennina: Grou1). Defendant 176. Paragraphs 1-175 are incorporated herein by reference thereto. 48 -'~'.'"-W~Ilf.~~ __~_, I'~' 7~ ~"~'^"- 177. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refming and Marketing Corporation,.. t/d/b/a~ Atlantic Refming Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refming and Marketing Corporation, t/ d/b/ a Atlantic Refming Group. 178. Defendant, Atlantic Refining and Marketing Corporation, t/d/bfa Atlantic Refining Group, is liable to Plaintiff, Jack Deibler, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. . 179. Defendant, Atlantic Refining and Marketing Corporation, t/d/bfa Atlantic Refming Group, jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train: and supeIVise its driver, Defendant, Barry Lee MutSchler, thereby causing Plaintiff's injuries as set forth above. 180. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group, was jointly and severaI1y negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Atlantic Refining and Marketing Corporation, tl d/b I a Atlantic Refining Group, in an amount in excess ofTWENTY-FlVE THOUSAND , & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess orany jurisdictional amount requiring compulsory arbitration. 49 ~~:;'''''''''''''''"'_ ]i~,t!I_.,...,~,~,,~ ~ , . ' _ w~_ _"~,~ TG .-, '~"'~"'!I"",,-,,,,:':" . . COUNT :xxv , Jack Deibler. Plaintiff'v. Commonwealth of Pennsvl'V1lnla. DeDartment of TransDOrtation. Defendant 181. Paragraphs 1-180 are incorporated herein by reference thereto. 182. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 183. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control' and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. '184. The &foresaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately, maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; \ 50 ;J,j'''~''- '''<If; -:'--t >, - ~ ' " - - ..-,.-,- --.",~~ b. In the erection, construction, place11'\ent and/ or maintenance of the stop sign at Hanover Street; c. In failing. to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/qr the word STOP; h. In allowing more than one sign to be attached to ,the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 51 I I ~- !~'~="I ~-"r~ WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendan.t" Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXVI Jack Deibler. Plaiatift'v. County of Northumberland. Defendant 185. Paragraphs 1-184 are incorporated herein by reference thereto. 186. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 187. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets m Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; 52 "i'~""",~= ~~ - -. '1 _ ~ - 1- ,~ ~ ~- " ."""",,, ""~'t'~'"'~i"',{' c, In failip.gto construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to "motorists heading north on . Hanover Street that they ate approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and l. In failing to adequately supervise, manage or control its ernpIoyees, agents and representatives. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100($25,000.00) DOLLARS, exclusive of 53 ""'IF~~;n: Ij!!l~~~~ lI'!JR,_..,_~ , ~ -~~,'><-~' I " "" "1,11 11~ . ' interest and costs and in excess' of any jurisdictional amo1lIlt requiring co~pu1sory arbitration. " COUNT XXVD Jack Deibler, Plaintiffv. Boroup. of Northumberland. Defendant 188. Paragraphs 1-187 are incorporated herein by reference thereto. 189. Defendant, Borough of Northumberland, is respoIlsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 190. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careIess and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for' the traffic control devices: at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b., In the erection, constru,ction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 54 ''"~~1UiWO~ ~ ~ _~ ~.'~""r"~__ ~, - . ' d ~:I I ^' _lm~ . ' '. d. ' In failing to erect, construct and! or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and! or the word STOP; In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign 'and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; h. 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; , J~ In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 191. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 192. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the "'_;;'~'li$!~:Jl!T. -~," ~,=, - T_~=^"""" TO, ~ _.~ 55 I' . -." ". ~ " , ~~~. -~ - , . , _ ,~.n"'f'""". ,.., _"'_"",,",,';;- . ' southeastern comer of the intersection where the stop sign was erected for the ' purpose of controlling traffic tray~ling north on Hanover Street. 193. At all times' relevant hereto, the stop sign located at the southeastern comer of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 194. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign: and surrounding vegetation at the southeast corner of the intersection. 95. 195. The aforesaid collision and all ofPiaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent, manner in which the Defendant, aorough of Northumberland, maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. I96. Defendant; Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. COUNT XXVIII 56 ",",~,",..., ~__A"F ~ r ' ,~ r'''''~~'''"l''~"''"~ ~~ ~ ,_~~,. . . Jack Deibler. Ple.intift'v. Dawn R. Raynes. Defendant 197. Paragraphs 1-196 are incorporated herein by reference thereto. 198. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, 'Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 199. The aforesaid collision and all of Plaintiff's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R.Raynes, maintained the aforesaid real property by failing to adequately trim trees andlor vegetation thereon which caused the stop sign at the southeast corner of the intersection to be obscured. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. By: Respectfully Submitted, FREEBURN & ~ILTON , ( , , .' . .-.-' . .... - I '\ / > ; '-'...',,-_.~'-'r..e.....?---'" Richard E. Freeburn, Esquire J.D. No. 30965 4415 North Front Street Harrisburg PA 17110 Date: 11/13/01 Counsel for Plaintiffs 57 -';o~",,..~_.,,, , ,~-~"'= ~ , t r~ I .' - ~ 'lI~ "'",'~~ . . . ' . .. . ,~l'~o""", _ ~,_~ VERIFICATION. I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification'to authorities. Dated: \ tJ - ?,\- (; , " .-~:~ ,/~~r-:,'~ ~.,?';;,. MICHAEL GOTTSHALL, Executor of the Estate of Jack Deibler ~ - , . ,,-! :,' , , ~~ --~ - ~ ~ "~~ ,~~ ~,- ,.. ~ ~~~_T~l'" . . . , . VERIFICATION I hereby verify that the staternents in the foregoing document are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: JJ~O'l-OI ," i:r~J:~~! 'C;Jw.?1!(~~,,~_ ~ -. .. t--'~' -~"." .~-I'_,~.""",,<_I, ~~_- t . ~ II . CERTIFICATE.OF SERVICE I hereby certify that a true and correct: copy of the foregoing Plaintiffs' Complaint has been duly served on the following this 15th day of November, 2001, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr, . 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W. Stark, Esquire Torts Litigation Section 15th Floor, Strawbeny Square Harrisburg PA 17120 Jeffrey J. Shipman, Esquire GOLDBERG KATZMAN & SHIPMAN, PC PO Box 1268 ' Harrisburg PA 17108-1268 James A. Zurick, Solicitor County of Northumberland Northumberland County Courthouse 201 Market Street ' Sunbury PA 17801 Borough of Northumberland 221 Second Street Northumberland PA 17857 Barry Lee Mutschler RD 2, Box 474-K Northumberland PA 17857 '~"f~_ '.= <~ r~ -~, ~ .-".t ~ ~'" .' . .... .J . . Dated: 10/15/01 ,~,.,~!~~ .."~~_ ^H~_""'~''''''''~~ BY: ~ " /Q" r-__. ' GL~. - ,Richard E. reeburn, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 ' Attorney for Plaintiffs r',-- " "'~ ~ ~- ~.~= ~,~, ,r .' .. . VERIFICATION I, Jay W. Stark, Senior Deputy Attorney Genera~ in my capacity as counsel for PennDOT in the within action, hereby verify that the foregoing statements are true and correct to the best of my knowledge, information and belief. Dated: November 28, 2001 1"--,,,-,. .,'" '" ~~ .~, __~~l . ., ... . r '" , . . CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD E. FREEBURN, ESQUIRE 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, PA 17112 717-671-1955 (Attorney for Plaintiff Janice Hevel) MICHAEL GOTTSHALL, EXECUTOR OF THE ESTATE OF JACK D. DEIBLER 3 P ATRlClA DRIVE ENOLA, PA 17025 BOROUGH OF NORTHUMBERLAND 221 SECOND STREET NORTHUMBERLAND, P A 17857 Torts Litigation Section 15111 Floor, Strawbeny Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: November 28,2001 "o]'J~~-". ". ~~r~ , "J r ~ ,- '" JOHN F. FOX, JR. ESQUIRE 1310 TWO PENN CENTER PLAZA ISm AND JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19102 (Attorney for Defendant Sunoco, Inc. (R&M) and Barry Lee Mutschler) COUNTY OF NORTHUMBERLAND 201 MARKET STREET StnfBURY,PA17801 JEFFERSON J. SHIPMAN, ESQUIRE P.O. BOX 1268 HARRISBURG, PA 17108-1268 (Attorney for Dawn R. Raynes) By. ;'1'", . ^ I ~.~ ,~~. "~"r~"-.lf", ~~<~_. ..l< ~ ~ L.U~~: (), ';J !_I i"' I , ... ,.. . <II, ~'. . "~'~'<ffi'f_ :_ I" It... () . <'I ?:: /.:: .. ) ~~j~ '~:2 ~...,. /-.. It: ..;..:: :.",.~ I U fDw.. ..' :'5 o ..:0 (.l.~ 0'\ C~ --, ~~ .f.:" o .,^.~ 'n' -~ , r-'" IN THE COURT OF COMMON PL.EAS CUMBERLAND COUNTY, PENNSYL.VANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ. a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and No. 01-3504 Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and CIVIL ACTION - LAW Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and JURY TRIAL DEMANDED Sun Company, Inc., tJd/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, t1d/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland ')jl~W>I~'l , ': 1 " .=. and Borough of Northumberland and Dawn R. Raynes DEFENDANTS SUNDCD, INC. (R&M) AND BARRY LEE MUTSCHLER'S ANSWER TO PlAINTIFFS' COMPLAINT WItH NEW MAneR AND NEW MATTER CROSSCLIAM Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler, hereinafter referred to as "Answering Defendants", by and through their undersigned counsel, hereby answer Plaintiffs' Complaint with New Matter and New Matter Crossclaim as follows: 1-4. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 1 through 4 inclusive of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 5-6. Admitted. 7. Pursuant to a Stipulation entered into between counsel for Plaintiffs and counsel for Defendant Atlantic Refining & Marketing Corporation, Defendant Atlantic Refining & Marketing Corporation is deleted as a Defendant in this case and therefore, no response is required. 8-11. The allegations contained in paragraphs 8 through 11 inclusive of Plaintiffs' Complaint are addressed to Defendants other than Answering Defendants and therefore no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 2 _-'i~~ "-. -~ '[- :- ~,4, "~~__ _"~ ,~......._>"" 1 . ,<~"""""",,",,,_-' , 12. Admitted. 13. Admitted in part. Denied in part. Answering Defendants admit that an automobile driven by Mary Huber was traveling north on Hanover Street in the borough of Northumberland, Northumberland County, Pennsylvania. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof if material, is demanded at the trial of this cause. 14. Defendant Sunoco. Inc. (R&M) admits that Defendant Barry Lee Mutschler was operating a vehicle owned by Defendant Sunoco, Inc. (R&M) and that Defendant Barry Lee Mutschler was traveling in a westerly directly on Front Street in the borough of Northumberland, Northumberland County, Pennsylvania. 15. Denied. The allegations contaIned in paragraph 15 of Plaintiffs' Complaint are deemed .denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By, way of further answer and to the extent that paragraph 15 of Plaintiffs' Complaint implies that Defendant Barry Lee Mutschler caused the accident, it is denied. On the contrary, Plaintiffs injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants Md no control. Strict proof thereof, if material, is demanded at the trial of this cause. COUNT I 16. Answering Defendants incorporate by reference their answers to paragraphs 1 through 15 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 3 ,,1~-l\,.'!\l~~, ".., 1'1- ~= ~-~ >" ,,' ,~ "~"'~~~, 17-30. Denied. After reasonable Investigation. Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 17 through 30 Inclusive if Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof, if material, is demanded at the trial of this cause. 31. (a-j). Denied. The allegations contained in paragraph 31 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny each and every subpart of paragraph 31. On the contrary, Plaintiff Nicholas Havel's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, Is demanded at the trial of this cause. 32. Denied. The allegations contained In paragraph 32 of Plaintiffs' Complaint are conclusions of law to which no response Is required. Strict proof thereof, if material, Is demanded at the trial of this cause. WHEREFOR!;, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Nicholas Hevel's Complaint be dismissed and that all costs. attorneys fees and all other appropriate relief be assessed against plaintiff Nicholas Hevel and in favor of Defendants Suiloco, Inc. (R&M) and Barry Lee Mutschler. COUNT II 33. Answering Defendants Incorporate by reference their answers to paragraphs 1 through 32 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 4 ";j~!.~'li\l. "-. - roo" _~l~"""""" ~ '.< ~'M"" "~~. ,,~,,"_., 34. Defendant Sunoco, Inc. (R&M) admits that Defendant Barry Lee Mutschler was employed by Defendant SunoCQ, Inc. (R&M) and was acting within the course and scope of his employment at the time of 1I1e aforesaid accident. 35. Denied. The allegations contained in paragraph 35 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 36. Denied. The allegations contained in paragraph 36 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it negligently failed to properly select, train and supervise Defendant Barty Lee Mutschler. On the contrary, Defendant Barry Lee Mutschler was at all times relevant hereto properly selected, trained and supervised. Strlctproof thereof, if material, is demanded at 1I1e trial of this cause. 37. Denied. The allegations contained in paragraph 37 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant SunoCQ, Inc. (R&M) denies that it failed to properly maintain and repair its tanker truck. On the contrary, at all times relevant hereto, Defendant Sunoco, Inc. (R&M) properly maintained its tanker truck. Strict proof thereof, if material, is demanded at the trial of this cause. WHERE;FORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Nicholas Hevel's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Nicholas Hevel and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. 5 '-'1;"-, __ ~~_ ~~ " [ I-r-', I '_ro 7, " ~ -~,," """"""~~~~c COUNT III 38-41. Pursuant to a Stipulation entered into between counsel for the parties. Defendant Atlantic Refining & Marketing Corporation t1dlbla Atlantic Refining Group is deleted as a Defendant in this case and therefore, no response is required. COUNT IV 4346. The allegations contained in paragraphs 43 through 46 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT V 47-49. The allegations contained in paragraphs 47 through 49 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VI 50-58. The allegations contained in paragraphs 50 through 58 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VII 59-61. The allegations contained in paragraphs 59 through 61 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VIII 62. Answering Defendants incorporate by reference their answers to paragraphs 1 through 61 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 6 c,,,,",~1Jli,$!b A, ~ , ~" "r'~ ,I"' -I - ~~ ~- t '~=''1'-" ~ - 63-75. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to tile truth of the averments contained in paragraphs 63 through 75 inclusive of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof thereof. If material, is demanded at the trial of this cause. 76. Denied. The allegations contained in paragraph 76 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 77. Denied. The allegations contained in paragraph 77, subparagraph (a) through 0) of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that Pl~intiff Brittany Russ's injuries, if any, were caused by the direct and proximate negligemce of Defendant Barry Lee Mutschler. On the contrary, Plaintiff Brittany Russ's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants had no control. Strict proof thl;lreof, if material, is demanded at the trial of this cause. 78. DMied. The allegations contained in paragraph 78 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Brittany Russ's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Brittany Russ and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. 7 ~,_.>.... '~', , . ,~~ 'I ~ ! <; , " "f ~--.>, "~"'"-'T -~ "=--r'"~'~'~=: COUNT VIlli 79. Answering Defendants incorporate by reference their answers to paragraphs 1 through 78 inclusive of Plaintiffs' Complaint as if fully set forth herein a length. 80. It is only admitted that Defendant Barry Lee Mutschler was employed by Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial ofthis cause. 81. Denied. The allegations contained in paragraph 81 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 82. Denied. The allegations contained in paragraph 82 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that Defendant Sunoco, Inc. (R&M) failed to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, at all times relevant hereto, Defendant Barry Lee Mutschler was properly selected, trained and supervised by Defendant Sunoco, Inc. (R&M). Strict proof thereof. if material, is demanded at the trial of this cause. 83. Denied. The allegations contained in paragraph 83 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that it failed to maintain and repair its tanker truck. On the contrary, at all times relevant hereto, the aforesaid tanker truck was properly maintained. Strict proof thereof, if material, is demanded at the trial of this cause. 8 ~:I!I#lW~WI--'\1J ~_., f" ,- ".. ~ " , , r ~ . --~~ WHEREFORE, Answering Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Brittany Russ's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Brittany Russ and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT X 84-88. Pursuant to the Stipulation entered into by the parties, Defendant Atlantic Refining & Marketing Corporation tJdJb/a Atlantic Refining Group is deleted as a party to this case and therefore, no response Is required. COUNT XI 89-92. The allegations contained in paragraphs 89 through 92 of inclusive Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XII 93-95. The allegations contained in paragraphs 93 through 95 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XIII 96-104. The allegations contained in paragraphs 96 through 104 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. 9 mU,,..,~,~e_ __ r ~, ''''''" ~~ ~;- ,", -1-'''',- o,_o_l"~~ COUNT XIV 105-107. The allegations contained in paragraphs 105 through 107 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XV 108. Answering Defendants incorporate by reference their answers to paragraphs 1 through 107 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 109-121. Denied. After reasonable investigation, Answering. Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained In paragraphs 109 through 121 inclusive of Plaintiffs' Complaint and accordingly, the said averments are denied. Strict proof thereof, if material, is demanded at the trial of this cause. 122. Denied. The allegations contained in paragraph 122 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 123. Denied. The allegations contained In paragraph 123 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that Plaintiff Sheri Jacobson's injuries, if any, are the direct and proximate result of the negligence of Defendant Barry Lee Mutschler. On the contrary, Plaintiff Sheri Jacobson's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary 10 ;t-"""""",,"!1 '~,,,,q_ .' . v' !"' T ,~ . "" 1J""'!1'" Jj "'!~,f' Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material. is demanded at the trial of this cause. 124. Denied. The allegations contained in paragraph 124 of Plaintiffs' Complaint are conclusions of law to which no response is required. . Strict proofthereof, if material, is demanded at the trial of this cause. WHEREFORE, Answering Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler request that Plaintiff Sheri Jacobson's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Sheri Jacobson and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XVI 125. Answering Defendants incorporate by reference their answers to paragraphs 1 through 124 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 126. Answering Defendants admit that Defendant Barry Lee Mutschler was employed by Defendant Sunoco, Inc. (R&M) and was acting within the course and scope of his employment with Defendant Sunc>co, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 127. Denied. The allegations contained in paragraph 124 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material. is demanded at the trial of this cause. 128. Denied. Answering Defendants deny that Defendant Sunoco, Inc. (R&M) was negligent for allegedly failing to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, at all times relevant hereto, Defendant Sunoco, 11 .:~~ " ., ~ r .~ , .. ;"""""0 ," """'.~'~'1 ". ,~~""i Inc. (R&M) properly selected, trained and supervised Defendant Barry Lee Mutschler. Strict proof thereof, if material, is demanded at the trial of this cause. 129. Denied. The allegations contained in paragraph 129 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Pf9cedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it failed to properly maintain and repair its tanker truck. On the contrary, at all times relevant hereto, Defendant Sunoco, Inc. (R&M) properly maintained its tanker truck. WHEREFORE, Answering Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Sheri Jacobson's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Sheri Jacobson and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XVII 130-134. Pursuant to the Stipulation entered into between the parties, Defendant Atlantic Refining & Marketing Corporation t1d/b/al Atlantic Refining Group is deleted as a party from this case and therefore, no answer is required. COUNT XVIII 135-138. The allegations contained in paragraphs 135 through 138 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XIX 139-141. The allegations contained in paragraphs 139 through 141 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. 12 '\*"'1I!lli>~~ . v.. -. '"' ~ ~-,' ~ " , ~~-"' -'""~"'.~ 1 .' ~I -~ r" __ ", IDfR COUNT XX 142-150. The allegations contained in paragraphs 142 through 150 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XXI 151-153. The allegations contained in paragraphs 151 through 153 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XXII 154. Answering Defendants incorporate by reference their answers to paragraphs 1 through 153 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 155-167. Denied. After reasonable investigation, Answering Defendants are without knowledge or Information sufficient to form a belief as to the truth of the averments contained in paragraphs 155 through 167 inclusive of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 168. Denied. The allegations contained in paragraph 168 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 169. Denied. The allegations contained in paragraph 169 (a) through 0) of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that 13 '~li!!'I_ ~ _,_~J,_~, '_, . ~ 1;Ii!<.-. _ ~ 'H_~ ,~ ~,,,., = ~'" ""I . ..\. '~~ ~,-,'.?' Plaintiff Jack Deibler's injuries, if any, were caused by the negligence of Defendant Barry Lee Mutschler. On the contrary, Plaintiff Jack Deibler's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial of this cause. 170. Denied. The allegations contained in paragraph 170 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proofthereof, if material, is demanded at the trial of this cause. WHEREFORE, Answering Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Jack Deibler's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Jack Deibler and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XXIII 171. Answering Defendants incorpOrate by reference their answers to paragraphs 1 through 170 Inclusive of Plalntlffil' Complaint as if fully set forth herein at length. 172. Answering Defendants admit that Defendant Barry Lee Mutschler was employed by Defendant Sunoco, Inc. (R&M) and was acting within the course and scope of his employment with Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 173. Denied. The allegations contained in paragraph 173 of Plaintiffil' Complaint are conclusions of law to which no response is required. Strict proof thereof. if material, is demanded at the trial of this cause. 14 ),;If r nl(ll_~.,,- ."~IlitIllJI;ll1 , ", -, I' r ~ ",C,~'"~_ )(~ ., =~ ~~",......",~,,",,_~~~ ;il'Ml'_~L, , 174. Denied. The allegations contained in paragraph 174 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it failed to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, at all times relevant hereto, Defendant Barry Lee Mutschler was properly selected, trained and supervised by Defendant Sunoco, Inc. (R&M). 175. Denied. The allegations contained in paragraph 175 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant SlInoco, Inc. (R&M) denies that il failed to properly maintain and repair its tanker truck. On the contrary, at all times relevant hereto, Defendant Sunoco, Inc. (R&M) properly maintained its tanker truck. WHEREFOR!:, Answering Defendllnts Sunoco, Inc. (R&M) and Barry Lee Mutschler request that Plaintiff Jack Deibler's Complaint be dismissed and that all costs, attorneys fees,and all other appropriate relief be assessed against plaintiff Jack Deibler and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XXIV 176-180. Pursuant to the Stipulation entered into between the parties, Defendant Atlantic Refining & Marketing Corporation tJdlblal Atlantic Refining Group is deleted as a party from this case and therefore, no answer is required. COUNT XXV 181-184. The allegations contained In paragraphs 181 through 184 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. 15 " " i- . , , ~l~'""",,~",-~1""W'1lI'I " r~ COUNT XXVI 185-187. the allegations contained in paragraphs 185 through 187 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore. no response is required. COUNT XXVII 188.196. the allegations contained in paragraphs 188 through 196 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required: COUNT XXVIII 197-199. The allegations contained in paragraphs 197 through 199 inclusive of Plaintiffs' Complaint are addressed to a Defendant,other than Answering Defendants and therefore, no response is required. NEW MATTER 200. Plaintiffs have failed to state a cause of action upon which relief can be granted. 201. Plaintiffs' claims are barred by the applicable statute of limitations. 202. Plaintiffs knew of the existence of the conditi<:ln or situation, if any, as pleaded in their Complaint, yet they assumed the risk. 203. Plaintiffs' claims are barred or limited by the provisions of the Comparative Negligence Statute, Pa. C.S.A. ~71 02, the provisions of which are incorporated by reference as if fully set forth herein at length. 204. Plaintiffs' alleged injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber. 16 "'-'''Wf,<!;\'W\!.''''',,>>_ ,.=.~,,"",,~ ~ r--, ~ -~-"~ ^~~ ~I" . ~ ff _ ~,-,~ 205. Plaintiffs' alleged injuries, if any, were caused solely by the acts and/or omissions ofthird-parties over whom Answering Defendants had no control. 206. Plaintiffs' claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Laws 75 Pa. C.S.A. ~7107 et seq., as amended (hereinafter .PMVFRL"). Further, Answering Defendants hereby assert all of the defenses, limitations and immunities available pursuant to said law. 207. Pursuant to the applicable provisions of the PMVRFRL, plaintiffs are precluded from pleading, introducing into evidence, proving or recovering the amounts of benefits paid or payable under said law, up to and including the limit of required benefits under said law. NEW MATTER CROSSCLAIM 208. If plaintiff suffered injuries or damages as alleged in their Complaint, said allegations being specifically denied, said injuries or damages were caused by the negligence and carelessness of co-defendants Commonwealth of Pennsylvania, Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes 209. If the allegations contained in Plaintiffs' Complaint are true. such allegations being specifically denied, then Answering Defendants aver that co- defendants Commonwealth of Pennsylvania. Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes are alone liable to plaintiffs, jointly and/or severally liable with Answering Defendants, or liable over to Answering Defendants for indemnity and/or contribution for any amount which may be adjudged against them. 17 i"'*JIij!i~~lJ< -' - ~~ ~,~ - --,. ~ ' - om'~ _ ~ "'..."-. ~ _ I ~, ~",lI1l1 WHEREFORE, Defendants Sunoco. Inc. (R&M) and Barry Lee Mutschler demand judgment against co-defendants Commonwealth of Pennsylvania, Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes for indemnity and/or contribution for any amount which may be adjudged against Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. LAW OFFICES OF JOHN F. FOX, JR. By: ~.f~J~' John F. Fox, Jf.I squire Attomey for Defendants, Sunoco, Inc. (R&M) and Barry Lee Mutschler Date: 1).,).(-01 18 ">\''''~!r~.,_ "_'"' " ~, .'!iWT _ ~ T-r"" ~ "".""""'....~'!'I"""'''''''"''''''l''!l''''''',.'''''''''''l' . ~'1~"I!'"F'!"'ir.l VERIFICATION I, BARRY LEE MUTSCHLER, state that Answering Defendants' Answer to Plaintiffs Complaint with New Matter and New Matter Crossclaim are true and correct to the best of my knowledge, information and belief. I understand that the statements contained in said pleading are made subject to the penalties of 18 Pa. C.SA 94904 relating to unswom falsification to authorities. Date: 1)-67..d '-";~"-~-~-' -~,'~ ~ , , ~~ "'iT, ,_"'~ '1""il"Il-"~1~.". , "1-~\'f VERIFICATION I, Lynn E. Pitettl, state that I am employed by Sunoco, Inc. (R&M) as a Paralegal and therefore am authorized to make this verification on behalf of defendant Sunoco, Inc. (R&M). I am infonned and therefore aver that the statements made in Defendant Sunoco. Inc. (R&M)'s Answer to Plaintiffs' Complaint with New Matter and New Matter Crossclaim are based upon infonnation and records of defendant furnished to me by others and are true and correct to the best of my knowledge, information and belief. I understand that the statements contained in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~904 relating to unsworn falsification to authorities. ~~ Date: /y-13 -() I --f_tc:lf~Ji1li~~ -~'" ._~, r r-, " ~~~_" ._.n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and Sun Company, Inc., t1dlb/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, t1d/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland and Borough of Northumberland and Dawn R. Raynes No. 01-3504 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M)'s Answer to Plaintiff's Complaint with New Matter and New Matter Crossclaim was served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 21 th day of December, 2001. ::I)~!lIi!!IJ" _~ '1'1 ~I I' .~ "" '-~. - ~.~1!.lIll!, 1=~ ~,' . Date: j;-)hJJ ,~;-"' ~ .[. -, ,.. - r"'~"~ Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire Johnson D,uffle Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, Pa 17110 Jeffrey Jefferson Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, pa 17108-1268 LAW OFFICES OF JOHN F. FOX, JR. By: ~1~~ Joh F. Fox, Jr., squire Attorney for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) r~ ,- ~ , ""r.""_ ~=-'1 "~I""=",' :'.;W'''1f<f:<sr.o.$.~",,~~: ,~ -,.. () '-' (-) c -'" .,;" ..,; ,.---, ._~ "'tle(; r;:, .:J n'Ir."i ("") ;-:J ""? "", , ....- ,-,~ N -,.., I n ZI::;: .""7 en",. -.J {j~lJ -<.-- kCJ ;Do :t :+~ );>() ~ '"t (~) - 2:0 - "':.-m >c:: - 0 .. ~ ~ 0 &" "'I . ~ ""'.....~..'1'~l'liuJ., "' ~.~ ,I Jefferson J. Shipman, Esquire 1.0. ;1/51795 John R. Nifiosky, Esquire LD. #78000 GOLDBERG, KAT~MAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1269 (117) 234-4161 Counsel for Defendant Raynes NICHOLAS REVEL, a minor by Janice Hevel, As Custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as Custodian Parent and Guardian,: and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING COR~ORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, CIVIL ACTON - LAW Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT, DAWN R. RAYNES, TO CROSSCLAIM OF DEFENDANTS, SUNOCO, INC. (R&M) AND BARRY LEE MUTSCHLER AND NOW, comes the Defendant, Dawn R. Raynes, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the -<9>,-,.".. " "! ,~ 1~ -~-~~ ~- ~~~ . ~'i -~ , _.~,~._" ~".~,.,>,~~- , ) " following Answer to the Crossclaim of Defendants, Sunoco, Inc., and Barry Lee Mutschler: 208-209. Denied. The averments contained in Paragraphs 208 and 209 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, Defendant, Dawn R. Raynes, respectfully requests that jUdgment be entered in her favor and that any and all claims asserted against her be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. f son J. Ship an, ttorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: 1(3/0 'L. 73212.1 ~~- ~ ,--~ '" 7-- - ., - ~ ~ ~ ..,...., , ~-,~~' r '=~_.'i.,..~~~J!!I'l!lftE_. : ~~ . CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the Pennsylvania, Mail, first class, postage prepaid, addressed as follows on ~ 3 /01- ,. in Harrisburg, United States Richard E. Freeburn, Esquire 4415 North Front street Harrisburg, PA 17110 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, FA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. J f son J. Shipm Attorney I.D. 5178 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: I I :}, {02 67038.1 "'_\X"H.I!J~ 'T~ ., "~1i ,... .y~~<Ip:"]I;,'iI'Ir~ , ~- - Q 0 0 e. N -n s: '- ....! -orr.1 !,':II> -, '. 0)[":; ~ ....;:..;::. , 1&._ ~.~".' "<-~ ~" .t,:..... .:;- '~~~ en )- ',~ -<-' ~(:.: -0 ~;C) :J;: -b=tO N "'"c: .. ..-i "Z W 2;1 ~ (J1 :< ~-- "~ " !=--- ~~=- ! ",~~. . Office of Attorne'j General 1: orts Litigation section 1 5th "floor. Strawberry SC\uate Hatris'oUtg."P A 11120 . 1'IICROLAS llB'/13.L. a tninDf, b'j Janice Revel. As cUStodial parent and G~ and 1n her l)V1ll right. BlUi1' ANY RUSS, a tninDf, b'j JANICB flBVEL. as custodial parent and QuaIdia11. and in her own right, sHBlU JA.COBS01'l, a tninor, by Janice H~el. as Custodial Parent and (jullTdiall. and in ber l)V1ll right, MICHAEL Q01'TSHALL. executor of \he Estate of Jack D. Deibler )a'j W. Stark Senior Deputy A.ttorney General DUect Dial 711-1 1\3-3148 :ll'l THE coURT OF coMl'AO"N PLBAS :OF CuMBB~ colJl'l1'Y, PA. . 1'10: 01-3504 CIVIL plaintiffs v. BARRY LBB MUTSCRUIR, S\lt'lOCO.l1'lC., COMMONWf.AL1'R OF PENNSYLV ANlA. DEP}.R.iMENT OF TRANSPOR'TA1'lON. co\lt'l'TY OF NORiRuMBBRLAl'lD, BOROUGH OF NOR1'RuMBBRLAND, DA.WNR. AA'l"NBS DefendantS pRAECIPE TO ISSUE WRIT OF SUMMONS PI"'" _ . W"- of-" _Ad"-' U-. """ B. a...... m .. ""'* TO THE "PROtHONOTARY: captioned matter. RespectfullY subnlitted, D. MICHAEL FISHER Attorney General BY. 'mf. . SARK lD#~ uty Attorney General DATED: January 8, 2002 . ~,,~- ~ ~-~~~ - "-' ~~, ~i J['",@.O;: Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, P A NICHOLAS HEVEL, a minor, by Janice H~el, AIl custodial Parent and Guardian, and in her own right, BRITT ANY ROSS, a minor, by JANICE HEVEL, as Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Bevel, as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler NO: 01-3504 CIVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants WRIT OF SUMMONS TO: . Mary E. Huber 3 Patricia Drive Enola, P A 17025 YOU ARE HEREBY NOTIFIED that Defendant, Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, has joined you as an Additional Defendant in regard to the above-captioned action which you are required to defend. BY THE PROTHONOTARY: DATED: ';'~~," _1~__ - ."..,.,..~ ~., =,"~-=, --"~~ ~-<l"~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD E. FREEBURN, ESQUIRE 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, PA 17112 717-67l-1955 (Attorney for Plaintiff Janice HeveJ) MICHAEL GOTTSHALL, EXECUTOR OF THE EST ATE OF JACK D. DEmLER 3 PATRICIA DRIVE ENOLA, PA 17025 BOROUGH OF NORTHUMBERLAND 221 SECOND STREET NORTHUMBERLAND, PA 17857 Torts Litigation Section 1511> Floor, Strawberry Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: January 8, 2002 ti'-w;~""i'~o< >, '_.'> '"""" ~r . JOHN F. FOX, JR. ESQUIRE 1310 TWO PENN CENTER PLAZA 15TH AND JOHN F. KENNEDY BOUEVARD PHILADELPHIA, PA 19102 (Attorney for Defendant Sunoco, Inc. (R&M) and Barry Lee Mutschler) COUNTY OF NORTHUMBERLAND 201 MARKET STREET SUNBURY,PA 17801 JEFFERSON J. SHIPMAN, ESQUIRE P.O. BOX 1268 HARRISBURG, PA 17108-1268 (Attorney for Dawn R Raynes) By: ill #51786 puty Attorney General 'I ~ " ~~,"",\~,,~ -""""".", ., ,- , ''I'' ........ >- \D ~ ~ 2; .. 8i 'lJQ ~ ~':;; ~.o;;,~ x: :::::::-c: I:i::,~ Cl.. -,: <1) ~:, Q~ en :~(I) Qr,,_ , ..::Jz l..i./l..:_ a: a:J -:::!U) Z tH '.0 t.::x: ~ :::00.. >- ;:!; u_ N 3 0 C> \l\ . .. ~ ('?;f1"'!!\'i!T~'"'\,,"'!\mf"~. ,. ,~,~""~- -~'i 71 ...,..",., ~" ~ ~~. '~''''l ~-,.",..." ~,., .,,,,,-,..,,,,~ ., . Cumberland County, ss: The Commonwealth of Pennsylvania to MarY E. Huber. 3 Patricia Drive. Enola. PA 17025 (N....e of Additionm Defendant) You are notified that Barry Lee Mutschler. Sunoco. rnc.. CCXimbnwealth of . . . (Name (~l of Defendant (a) 1 pennsylvan:l:a. Department of Transp:>rtat:l,on. CoUnty ot: Northumberland oorough of Nort:h\.lll1berland. Dawn R. Raynes .. ' has (have) jomed you as an additional defendant in this action, which you are re- quired to defend. Date January 9. 2002 CUrtis R. Lonq .~ 4JrA !f1~ . .Deputy By (SEAL) '"'",,_4+_~ <, ' . ,.-I! r ~,- ,~' ,.~~ I ~ ~-~, -,,- 1"~''''''"'.~'' ." "",,@., . 1 I! ,m ~i~'~&~ ~~ [~~ ~'I~ Hlrt 1Il gi. ~ i~ ; .1 ~~.~ '8~ '- ~ as .~im( .:iIl h ~ g.8 ~&Ii~'i. sa .0 '" i-' ::1.0 :&: llJ 0 ". ' . C1) ~.. a ~ I'l 0 09 H .... Ql. ~? o llJ 1-" . r i [ ~~~'~~c. .W U1 .... ~ 2:a .., if . 0 F:. "" ~ I'l I'lllJ if U1 . ~ I-"::l C1) '~.~ rt~!f ::I . 0 b' ~[~ ~ OJ. .11 8~ ~ J~ I-'~~ alllI ~ e:. 1-" ~~ I .~ ~ [ l1iS2 [~t' 1 q 11 0 >~ ~~ f pi ~ ~ ~.~ ~ - C1) ::I ~Cl iq 1 r~ ~ r ~ ~ .. ~~ 1lI a~ ~ ! ~ g ~ s. ~ '8- ~. ~g ~!.~ . 0 H> ~~~~ i ~ III a . ~ f 1Il -';'-1:'\ \ 'n._. ~ , 'I " ".~, ~ , ." ~ "r ' " '~".-~"f"""~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL ROBERT FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUBERT MARY E the ADD'TL DEFEND ,at 1635:00 HOURS, on the 11th day of January 2002 at 3 PATRICIA DRIVE ENOLA, FA 17025 by handing to MARY HUBERT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: . Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 ,00 10.00 .00 ' 37.66 r:~-1~~4 R. Thomas Kline Sworn and Subscribed to before 01/14/2002 COMMONWEALTH OF PA/ATTY GENERL By:4t~f~ Deputy Sheriff ~ ~q.~~~~:y O~A.D " (L fn.l~4 ~ r~thonotary ~ If ~~, - ~ ~~". ,~-" ~~, c" ..d _ ~,~-..,.~ - .~)~~~: F:\fILBS\DAl' AFILE\DONEGAL.DOOI57 -pn,3Itde Created: OllZ210202:35:18PM Ilevil<!d: Cll2210202~48:0'PM 3811.1SJ NICHOLAS REVEL, a minor, by JANICE REVEL, as custodial parent and guardian. and in her own right, BRITTANY : RUSS, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, SHERI JACOBSON, minor, by JANICE REVEL, as custodial parent and guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2001-3504 - CIVIL ACTION LAW BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants v. MARY E. HUBER, . Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Additional Defendant Mary E. Huber in the above matter. Dated: January 22, 2002 MARTSON DEARDORFF WILLIAMS & OTTO By \L_~ v.;.JJ..=- Thomas J. Willi s, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Additional Defendant Mary E. Huber i~':J:);14,,_ ~!~ ~_, ~. ~_ - I~ or . ~ .~".....M" J;!;p_~ " _,~"~. ~" '. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Richard E: Freeburn, Esquire 4775 LingIestown Road Suite 200 Harrisburg, PA 17112 Jefferson Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17101 Jay Stark, Esquire Torts Litigation Section 15th Floor Strawberry Square Harrisburg, P A 17120 JOM F. Fox, Jr., Esquire 2 Penn Center Plaza, No. 1310 Philadelphia, PA l9102 County of Northumberland 20 I Market Street Sunbury, P A 17801 Borough of Northumberland 94 Hanover Street Northumberland, P A 17857 MARTSON DEARDORFF WILLIAMS & OTTO 6J:~ {J.~ ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (7l7) 243-3341 Dated: January 22,2002 ,,' Ji:. , _..." ."". Q ~ . ~ ~," ~~ . "" "[i7 ;~~, ,J'l, IlL " ...~,.., . 0 Q ~ ~ N C- :::f ~CD :=0 f4=i:n ~gj :z: .C,Fn N ~~ (AI -D$ C>, ';1 , ;<::0. "'tl _.~:+I ~~ :31: 05 N zm .. ~ ~ (.) ~ ClO ,~ -ll ."'- ','","", ~, ~. !TIn iii J~hnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. LD. No. 19530 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Borough of Northumberland NICHOLAS HEVEL, a minor by Janice Havel, as custodial parent and guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as custodian parent and guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as custodial parent and guardian, and in hElr own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiffs v. BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/dlbfa SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION t/dlbla ATLANTIC REFINING GROUP COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants APPEARANCE AND NOW, this I ~y of April, 2002, enter the appearance of C. ROY WEIDNER, JR., 1.0. 19530 on behalf of Defendant Borough of Northumberland in the above captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER ~/ . . oy eldner, Jr. -..;n~' :157262 5774-356 "-iW,DI _ '~'r'""I""-. '_ _1i"J.~, " --,~ - r ". -,~~ ,.~, , ~- r ,.~~ ~. "l -~"~"""1,.......",..,~i' ,,~. CERTIFICA TE OF SERVICE AND NOW, this I f ~ay of April, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance uponthe other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as fOllows: Richard E. FreebUrn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 1&' & John F. Kennedy Boulevard Philadelphia, PA 19102 Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jefferson J. Shipman, Esquire Goldberg, Kamnan & Shipman, PC 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108.1268 Paul W. Grego, Esquire Post & Schell, P,C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~/~ ~ . helle Hagy -O~~~~f'" _~ . - r- ! - ~ ~""'!~'-' "-,~-~ no-,"", - ,~'~~m . " "~" , ~r :,," " ,.. .. () 0 ~ ~ N ~ --< ':'tIer) -0 ',. mfn :::0 '~T' ::a Z::u r- -om :z: '-- ~ns: CI:l2::~ \.D ~6 .8cJ " '"'".';', ;F;8 :u: ;.:!:~ ::!J ~C) ~ Om >c:: ~ :z: =.v ';;;' =< (X) ~ ._~ ~ ~, "''''''''''-''-"-' --" '"" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS REVEL, a minor by Janice Hevel, As Custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as Custodian Parent and Guardian,: and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOeO, mc., ATLANTIC REFINING AND MARKETING CIVIL ACTON - LAW CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, COUNTY OF : NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants TO THE PROTHONOTARY: NO. 01-3504 CIVIL JURY TRIAL DEMANDED PRAECIPE PLEASE withdraw the appearance of the undersigned on behalf of the Defendant, Dawn R. Raynes, in the above-captioned matter. DATE: ~ ~ 1'1 I' ",",,' GOLDBERG, KATZMAN & SHIPMAN, P.C. . J. t. son J. Shipma , Esquire ttorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes , . ,~,.. '"' <,-, ~~ > -'--:"6,,-i"<,""'"2'~j,!lf_ TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Dawn R. Raynes, in the above-captioned matter. DATE: 79010.1 In )!Ill! _~ ~__ r -I~- ,,-' WALSH and MENAPACE Menapace, Esquire ront Street 556 PA 17801 " ~ - ~~ ""' ~>~~lf '"I~. .,1'!Il..: CERTIFICATE OF SERVICE I, ROBERT J. MENAPACE, ESQUIRE do hereby certify that I have served a copy of the foregoing Praecipe upon the following by depositing the same in the united States Mail, postage prepaid, at'Sunbury, Pennsylvania, this 15th day of May, 2002. Richard E. freeburn, Esquire freeburn and Hamilton 4415 North front Street Harrisburg, PA 17110 Attorney for plaintiffs, Nicholas Hevel, Brittany Russ, Sherry Jacobson and Michael Gutshall Richard E. Maffett, Jr., Esquire Maffett & Associates 2201 No~th Second Street Harrisburg, PA 17110 Attorney for plaintiff, Stacy L. Harman John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th and JFK Boulevard Philadelphie, PA 19102 Telephone: 215-568-6868 Attorney for Barry Lee Mutschler, Sun Company t/d/b/a Sunoco, Inc., Atlantic Refining and Marketing Corp. t/ct/b/a Atlantic Refining Group Jay W. Stark, Esquire Senior Deputy Attorney General Torts Litigation Section 15th Floor ,Strawberry Square Harrispurg,PA 17120 Attorney for pennDOT };y:;" . ~. 'H . .. ,",' "'l , "1-~""." "' ' Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-9247 Attorney for county of Northumberland C. Roy Weidner, Jr., Esquire Johnson, Duffie, Steward & Weidner 3rd and Market Streets P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Borough of Northumberland Thomas J. Williams, Esquire Martson, Deardorff, Williams and Otto, P.C. 10 East Hig~ Street Carlisle, PA 17013 Attorney fot Additional Defendant, Mary E. Huber Jefferson J, Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry square P.O. Box 1268 Harrisburg, '.PA 17108-1268 WALSH & MENAPACE BY: B RT J. ENAPACE, ESQ., I.D. #36029 . Front street, P.O. Box 556 Sunbury, PA 17801-2140 (570) 286-6500 Attorney for Defendant Dawn R. Raynes " ,J.ry;Ii[I___U~;l!_~_",_""""", " .,.,-, !~ ~--- ~~ ~ r ,- < ~-~- ~1~-,"_'''''''''1''''-~<t''-~.' :,#,.- -~~ ,- l' "~ ;r., " ,,~ 0 0 0 ~ N " ::J: ::;i "0 l:D ". Pi'; F'Q mrn -< 2:0 ":;'j!"T'! zS;; O"l ClJ6 CO., ()( -~.L_ --; . '-0 -0 ~-'-=H :;;; ::.!;: Op zG ---7 -0 '.~-.. n ~ 0 j;c ~ 3 " ~ -, r~ - ~. I ~ ~ -' r~'~~ POST & SCHELL, P.C. ATTORNEYS FOR DEFENDANT BY: PAUL W. GREGO COUNTY OF NORTHUMBERLAND J.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 COURT OF COMMON PLEAS NICHOLAS HEVEL, a minor, by Janice Hevel, CUMBERLAND COUNTY as Custodial Patent and Guardian, and in her own right; BRlTTANYRUSS, arninor, by NO: 01-3504 Janice Hevel, as Custodial Patent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. NICHOLAS HEVEL, a minor, by Janice Hevel, as guardian, BRITT ANY RUSS, a minor, by Jani.ce Hevel, !l;s gpardian, SHERI JACOBSON, a mmor by Jamce Hevel, as guardian, and MICHAEL GOTtSHALL, Executor of the ESTATE OF JACK. D. DEIBLER, Plaintiffs, v. MARY HUBER Defendant. 'k~~ [..i!~__," < . , .......- COURT OF COMM:ON PLEAS CUMBERLAND COUNTY NO: 99-6498 - """'~ ,. _ ~"h=~~~" '~""', .,Jl:l~!io'- MOTION FOR TRANSFER NOW INTO COURT, through undersigned counsel, come the parties, who hereby move this Court to transfer the above captioned actions to Northumberland County, for the following reasons: 1) The above captioned action resulted from a motor vehicle traffic accident which occurred on June 6,1999 in Sunbury, Northumberland County, Pennsylvania. 2) There were three actions filed in Cumberland County as a result of the accident, the two of which are captioned above, and the other already having been transferred to Northumberland County, in the case ofStacev Harmon v. Barrv Lee Mutschler, et aI, No. CV- 02-812. 3) The parties hereby stipulate and agree that all of the actions are properly venued in Northumberland County and should be transferred thereto. 4) A Stipulation in this regard, signed by counsel for all parties is attached. WHEREFORE, it is requested of this Honorable Court to approve and transfer the above captioned actions to Northumberland County. POST & SCHELL, P.C. By: {iJt~, PAUL W. GREGO, Attorney for Defendant County of Northumberland -2- '..o';;ii~~WHrnH;ol~lIOOiff.' -']fi _ l . ~~~,~ ~, '. I' ".- ~ ~.,~~ -. ,-~-~, '''''f~=j~'_'~_ -~,. POST & SCHELL, P.C. ATTORNEYS FOR DEFENDANT BY: PAUL W. GREGO COUNTY OF NORTHUMBERLAND I.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 COURT OF COMMON PLEAS NICHOLAS HEVEL, a minor, by Janice Hevel, CUMBERLAND COUNTY as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by NO: 01-3504 Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DElBLER, deceased Plaintiffs, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. NICHOLAS HEVEL, a minor, by Janice Hevel, as guardian, BRITT ANY RUSS, a minor, by Janice Bevel, as guardian, SHERI JACOBSON, a minor by Janice Hevel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEmLER , Plaintiffs, v. MARY HUBER Defendant. :!,,~nn__, _ ".. '_'"" ~~"''''~,,~) ,_~"""''^''''~ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 99-6498 ~ "~'! _ c "illlill! ~ ~"""~.'"'~-""'''''''''''''-''"''-1'''''''~''''': STIPULATION OF TRANSFER AND CONSOLIDATION STIPULATION OF TRANSFER AND CONSOLIDATION NOW INTO COURT, through undersigned counsel, come the parties in the above captioned actions as well as the action ofStacev Harmon v. Barry Lee Mutschler, et aI, No. CV- 02-812 in the Court of Common Pleas of Northumberland County, who hereby Stipulate and agree that the above-captioned actions shall be transferred to Northumberland County, and, thereafter, consolidated with the case of Harmon v. Mutschler. et al. ~~HovclActiOONO. 01-3504 Richard E. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, P A 1711 0 -2- "1D;j~ ~T ;;w,., _ "~~'" ~~~, ~, . "'~. ~ ~ -~" ~ ,-~ ~, ~~ r o ~" '~_T"'"_~~~lll'jI~~,",~\: STIPULA nON Of TRANSfER AND CONSOUDATION ,'~-'""!'J.'-Ft.9,f-,,~~I!~ _, '." 'l~ I "- j./Il Attorney for Plaintiff in H on Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, P A 1711 0 -3- ~ I -I, "~~ snpULA nON OF TRANSFER AND CONSOLIDA nON '\'.\J'f#iR'f!iPF0"f~~!'l~~l~ ~"-~ o ~ 'I ,--- rney for Sunoco, In ., Atlantic Refining & arketing and Barry Lee MutscWer John F. Fox, Jr., Esquire LAW OFFICES OF JOHN F. FOX, JR. 1310 Two Penn Center Plaza 15th and John F. KenIIledy Boulevard Philadelphia, PA 19102 -4- ,:~_~$l'J-'1~ , STIPULA nON OF TRANSFER AND CONSOLIDATION ,"i""'f,!<~~i[\i"~!\E)~}':{!'Iw, ^~ , -5- .,,==" ~= ~" 'I~ ~-~)'''''''~ ,,!!I\flIl~~~~' STIPULATION OF TRANSFER AND CONSOUDA TION . !"!T<<~;mj#l;'ff;,tl!Ill*l\i'''~ _,.".. " IHI Attorney for County of No Paul W. Grego, Esquire POST & SCHELL, P.C. 1857 William Penn Way Lancaster, P A 17605-0248 -6- ~~rr It._~_~,_, _,,"," t" '~,~, "Jp II i' , STIPULATION OF rRANSFER AND CONSOLIDATION i'WtW<:l:!"I"",-",,,~Jl!,,"Tf~~~"'1_ XF1'\>,i!r F""'I' ~ C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & wEIDNER 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 -7- " ~,~"==r ."..,.,,_ ~_'"_ _ _-1lIl'J.,;; II I STIPULATION OF TRANSFER AND CQNSOUDATION ~ , " I. [-;-ifil'J;&I~-f~~ ~~~ T Attorney for Da R. es Robert James Menapace, Esquire WALSH AND MENAPACE 62 North Front Street P.O. Box 556 Sunbury,PA 17801 -8- - ..,~~~. ,=,- , ~ - ~,,~,' STIPULATION OF TRANSFER AND CONSOLlDA rlON 'f,,,,~ii";'!!Ji1iiiii''''ffi'j~~,,_,,,r~ ~~~.tJ ~~ Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P .C. 10 East High Street Carlisle, PA 17013 -9- ,. -, " .~ ~"""'--=I"'''''''''''''''!!'ri'!!ff1lI:'lll~" II II 1 I CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P .c., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PA 17110 Richard E. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, P A 17110 John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 . Jay W. Stark, Esquire Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, PA 17120 C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Robert James Menapace, Esquire WALSH AND MENAPACE 62 North Front Street P.O. Box 556 Sunbury, P A 17801 DATE: 1/)lil17'l.- Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, P A 17013 (~~~ SANDRA MORAL S -3- ,[ ,,:i..~l,i!:'~t1w'"""")#)''''0iW:,.T~'j','.o::''''''cm!fjlI,,_,,>,,",,-, -r ~~ ,.."., ~ ~. , ~,~~,",,' ~I~'P~ >- ~ r.c (''-,,: ;':~ I F"" c:-..; ::: ~ " -- '...1 .:..:;; So ; .. ""~' '.;'> . ~:.l_ -'::" (-\:-.J :~<: ~- en ., 1:.0 L.. J..,: .-;:>" t .' .lID f- L.! f:.\C- LJ ~:. \.'. ", :~) () CJ 0 :';~~!'\\IIi.,J!:o1" -,~'~ ~~- .""""~)- ~~".-'"-1~""'-' , , ~~. -r~~=~ - - - -~ ._~ ,---,-,..- . OFFICE OF PROTHONOTARY COURT HOUSE ~,har-d E, ~~rn f~_ _____ t.R1S" Urlljle stouJf\ r<:oil_ ______ /-Iarnsbl.l,J 94 17//;) _ ________ TO The County of Cumberland DR. . -~'''~~=~ ~~~~ ~~~~ I _ i --_ -I' {I/Jptes; O/-j'iO(Qi!i {)((Sp/JJ,5 ~'5V_1 /;);(, ..sO I ~ -------- - I _________n___ () I D~ gO i I --I- i ' I -I fa4I~_~! , ! i -, I I .t J)CJ 'itD "". .~ CARLISLE, FA_ DeU:M~r :1), Q@ -+1 ==f=1 I ' P' , 9i=--'(-ar-~L-Mfe.i--~~&/; Sl n Jes , "n_. .. -----_.._,---~- MsJ,-a~-~O {Yl()II~~~u^,,~ _ ._."_ __~____.__m.._..d..:..._..:_. -. - - I - I __-____________~ml- - - MAKE CHECK PAYABLE TO !'!:tOTH '( .- ___I ONOTAR , COMMON PLEAS C()URT __J I H 01 all~ to Fr~b\iJ';\ / ;), - 3/-0;}, 3 !/5('''-'- ) I j 1trlm 01 ftl ad et/ -1 t1 NrJ r11lU(Y1 . II '\ {~- 'h;.,_'ilt~. ,_, _ ..,~ ,_ "H"~_~-,<' ,',"" ". 'to." , ...,......,.",.,.. i r_-'- -II_-t . I -1--- ! -j , , -! -I I , -!- -1--- ,-I 1-\---- 1 -I I I -1---- -' . ' . .~ <---.. NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by J auice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a ~or by J auice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., t/d/b/a SUNOCO, INC. ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/aATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R. RAYNES, Defendant PRAECIPE TO: Prothonotary Kindly mark the above-captioned matter discontinued. Respectfully submitted, FREEBURN & HAMILTON K By: Date: 2/22/06 Richard E. Freeburn, Esquire J.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiff i.", . "', _.-,,-0,,', ,--, "-', , _, -l; -", -~",-"~c,_,,V,' x- .. ""'_''C,,_ ""'1_ _, _ ."""n', '>"'___~"","__ ." ,.- ,., -, _. . , ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe has been duly served on the following this 1st day of March, 2006, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F. Fox, Jr., Esquire Law Offices of John F. FbX, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W. Stark, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg PA 17120 Robert J. Menapace, Esquire WALSH & MENAPACE PO Box 556 Sunbury PA 17801-2140 C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER PO Box 109 Lemoyne PA 17043-0109 Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 220 IN. Second Street Harrisburg PA 1711 0 BY: Dated: 3/1/06 Georgian J. Hes Richard E. Frebbu.. ,Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiffs i'~"'_" '.- Cn' '. -"-1' ,"'in'_,._ - - :_v~'.'. H,~ '_, .' " _"~, - ." ''"'' ',d,r' "r- Jr ',' _ _. _, _~ -'" ~ ~ '" 1 I I I , I I' II I' .., - ''iC._ r ;f - ".-'" 0 ,...., 0 r:::~ c:: c=> -n c-~ <. =: -J (, :L-n 2:: rilE -~ I ~.8t~ N '-:J (:.i --::..:1 " -a :.5 '-q (~ c....) ;":5m ~~ (n :=:0 -< !QlIIl!~r>l\!!l ~~ 'r~' """1""" }ll'f~~~1jt'~<'~~Wf!~~~~~!!i!I~Li 1i(J,ll!l",t.v,' ","-",",,_,,-,,: