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Home My WebLink About01-05604IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT ~. GANO, Plaintiff CIVIL ACTION -LAW v. NO. ~l - .S'LO~ f CIV t~~ BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants NRY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice aze served by entering a written appeazance 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 judgement 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 Plaintif£ You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Cazlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defendazse de las quejas expuestas en las paginas siguientes, debe tomaz action dentro de veinte (20) dies a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentaz compazecencia escrita en persona o por abogado y presenter en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contrasin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTED PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. GANO, Plaintiff CIVIL ACTION -LAW v. NO. Ol ' S/eG~ ew~,~~ BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, this 24th day of September, 2001, come the Plaintiff, Robert S. Gano, through his attorney Jennifer A. Kline, Esquire, and files this Complaint of which the following is a statement: 1. Plaintiff Robert S. Gano is an adult individual residing at 877 McAllister Street, Hanover, York County, Pennsylvania. 2. Defendant Bruce D. Land is an adult individual residing at 7138 Samuel Drive, Millville, Cumberland County, New Jersey 08332. 3. Defendant Crete Carrier Corporation, is a corporation organized and existing under the laws of Nebraska with a principal place of business at 400 NW 56`" Street, Lincoln, Lancaster County, Nebraska 68528. 4. On or about July 14, 2000 at 11:48 a.m., Plaintiff Robert S. Gano was the operator of a 1998 Ford Crown Victoria, Pennsylvania Registration Number BBM3879, which was owned by Pennsylvania Department of General Services. 5. At the aforementioned time, Plaintiff was traveling east in the left lane of travel on SR 76, Pennsylvania Turnpike, in the vicinity of MP 203.7 in Hopewell Township, Cumberland County, Pennsylvania. 6. At the aforementioned time and place, Defendant Crete Carrier Corporation was the owner of a 1998 Freightliner FC2, Nebraska Registration Number 2204. 7. At the aforementioned time and place, Defendant Bruce D. Land was operating the vehicle owned by Defendant Crete Carrier Corporation and was traveling east on SR 76 when he traveled into the left lane striking the right side of Plaintiff s vehicle with his left reaz tires resulting in the injuries and damages hereinafter set forth. 8. At all times pertinent hereto, Defendant Land was the agent of Defendant Crete Carrier Corporation and was acting within the scope of his employment. 9. The accident and injuries hereinafter set forth were caused by the negligence of Defendants and were in no way due to any act or failure to act on the part of Plaintiff. 10. Defendant Land was negligent in the operation of his motor vehicle as follows: a. Failure to maintain proper control of his vehicle; b. Failure to keep alert and maintain a proper lookout for oncoming traffic; c. Failure to yield to traffic with the right of way. COUNT ONE ROBERT S. GANG v. BRUCE D. LAND 11. Paragraphs 1 through 11 aze incorporated herein as if set forth at length. 12. As a result of the accident, Plaintiff has sustained injuries including, but not limited to neck and back injuries. 13. As a result of the accident caused by the negligence and recklessness of Defendant, Plaintiff sustained and may sustain the following: 2 a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, and mental anxiety; c. Past and future loss of life's enjoyment; d. Past and future incidental costs; and e. Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; and f. Past and future wage loss in excess of the statutory prelcusion. 14. Plaintiff avers that his damages exceed the applicable limits of arbitration, and therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgement against Defendants in an amount in excess of $25,000.00, plus interest and costs as permitted by law. COUNT TWO ROBERT S. GANO v. CRETE CARRIER Corporation 15. Paragraphs 1 thought 14 are incorporated herein as if set forth at length. 16. Defendant Crete Carrier Corporation was negligent and reckless as follows: a. By reason of the actions of it's employee, Bruce D. Land, performed during his employment within the scope of such employment, specific negligences of Defendant Land being set forth more fully above; and b. Negligently entrusting the driving of this vehicle to Defendant Land when Defendant Crete Carrier Corporation knew or should have known that Defendant Land was an individual without the capacity to safely operate this motor vehicle. 17. Plaintiff avers that his damages exceed the applicable limits of arbitration, and therefore, a jury trial is hereby demanded. II ~, ' ~ WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgement against Defendants in an amount in excess of $25,000.00, plus interest and costs as permitted by law. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Date: ~ ?~ \`~ ~ gy; Jennifer A. Kl~n~, Esquire Attorney for ntiff Supreme Court I.D. #65950 31 South Queen Street York, PA 17403 (717)848-3838 4 VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. i Date Robert S. Gano ~: _kt~E ~~~"~$tiL~nskdtn~wa„~.e s-.'.~', .,.t /_ :xY'° .~'ae®± ~Aan.a~ ~ ~ ~ ~ ~~ ~ ~o ~ p p ~ C ~~ u ~r ;:, -~ ry;;_. C 1+r. Y ,. cr-~~I _°.-.. ry-~ cn _~ n `~ _,~ ;~~ <~ c; 'P T b =~ -~ ~:.~,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. GANG, CIVIL ACTION -LAW Plaintiff v. No. 01-5604 Civil Term BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFF: ROBERT S. GANG You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof or default judgment may be entered against you. LAW OFFICES OF JOHN F. FOX, JR. By: . ~.._~,~/ . John F. Fox, Jr., squire Identification No. 31854 1310 Two Penn Center Plaza Philadelphia, PA. 19102 (215) 568-6868 Attorney for Defendants Bruce D. Land and Crete Carrier Corporation ..., ._ ~~~~~5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. GANG, Plaintiff v. BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants CIVIL ACTION -LAW No. 01-5604 Civil Term JURY TRIAL DEMANDED DEFENDANTS BRUCE D. LAND AND CRETE CARRIER CORPORATION'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendants Bruce D. Land and Crete Carrier Corporation, hereinafter referred to as "Defendants", by and through their undersigned counsel, hereby answers Plaintiffs Compliant with New Matter as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiffs Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. Defendants admit that on July 14, 2001, plaintiff Robert S. Gano was the operator of 1998 Ford Crown Victoria. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 4 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. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 5 of Plaintiffs Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 6. Admitted. 7. Admitted in part. Denied in part, Defendants admit that Defendant Bruce D. Land was operating the vehicle owned by Defendant Crete Carrier Corporation and was traveling east on SR 76. The remaining allegations contained in paragraph 7 of Plaintiffs Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. Byway of further answer, Defendants deny that Defendant Bruce D. Land traveled into the left lane striking the right side of plaintiffs vehicle with his left rear tires. Strict proof thereof, if material, is demanded at the trial of this cause. 8. Admitted in part. Denied in part. Defendants admit that Bruce D. Land was acting within the scope of his employment with Defendant Crete Carrier Corporation. Defendants deny that Defendant Bruce D. Land was the "agent" of Defendant Crete Carrier Corporation. Strict proof thereof, if material, is demanded at the trial of this cause. 9. Denied. The allegations contained in paragraph 9 of Plaintiffs Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendants deny that the accident set forth in Plaintiffs Compliant was caused by the negligence of Defendants and was in no way due to any act or failure to act an the part of the plaintiff. On the contrary, plaintiffs injuries, if any, were caused by plaintiffs own negligence and carelessness. Strict proof thereof, if material, is demanded at the trial of this cause. ~I 10. Denied. The allegations contained in paragraph 10 of Plaintiffs Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendants deny that Defendant Bruce D. Land was negligent and further deny that he failed to maintain proper control of his vehicle, failed to keep alert and maintain a proper lookout for oncoming traffic and failed to yield to traffic with the right of way. On the contrary, plaintiffs injuries, if any, were caused by plaintiffs own negligence and carelessness. Strict proof thereof, if material, is demanded at the trial of this cause. COUNTI 11. Defendants incorporate their answers to paragraphs 1 through 10 as if fully set forth herein at length. 12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiffs Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 13. Denied. After reasonable investigation, 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 thereof, if material, is demanded at the trial of this cause. 14. Denied. The allegations contained in paragraph 14 of Plaintiffs Complaint are conclusions of law to which no responsive pleading is required. To the extent that a ~~~~~~.. response is required, Defendants deny that plaintiffs damages, if any, exceed the applicable limits of arbitration. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Bruce D. Land and Crete Carrier Corporation request that Plaintiff Robert S. Gano's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against Plaintiff Robert S. Gano and in favor of Defendants Bruce D. Land and Crete Carrier Corporation. COUNT II 15. Defendants incorporate by reference their answers to paragraphs 1 through 14 inclusive of Plaintiffs Complaint as if fully set forth herein at length. 16. Denied. The allegations contained in paragraph 16 (a) and (b) of Plaintiffs Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. Byway of further answer, Defendant Crete Carrier Corporation denies that it was allegedly negligent and reckless and further denies each subpart of paragraph 16 of Plaintiffs Complaint. On the contrary, plaintiffs damages, if any, were caused solely by plaintiffs own negligence and carelessness. Strict proof thereof, if material, is demanded at the trial of this cause. 17. Denied. The allegations contained in paragraph 17 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent that a response is required, Defendants deny that plaintiffs damages, if any, exceed the applicable limits of arbitration. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Bruce D. Land-and Crete Carrier Corporation request that Plaintiff Robert S. Gano's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against Plaintiff Robert S. Gano and in favor of Defendants Bruce D. Land and Crete Carrier Corporation. 18. Plaintiff has failed to state a cause of action upon which relief can be granted. 19. Plaintiffs claims are barred by the applicable statute of limitations. 20. Plaintiff Robert S. Gano knew of the existence of the condition or situation, if any, as pleaded in his Complaint, yet he assumed the risk. 21. Plaintiffs claims are barred or limited by the provisions of the Comparative Negligence Statute, Pa. C.S.A. §7102, the provisions of which are incorporated by reference as if fully set forth herein at length. 22. Plaintiff Robert S. Gano's alleged injuries, if any, were caused solely by her own negligence, carelessness and recklessness. 23. 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, defendants hereby assert all of the defenses, limitations and immunities available pursuant to said law. 24. Plaintiff is 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. WHEREFORE, Defendants Bruce D. Land and Crete Carrier Corporation request that Plaintiff Robert S. Gano's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against Plaintiff Robert S. Gano and in favor of Defendants Bruce D. Land and Crete Carrier Corporation. LAW OFFICES OF JOHN F. FOX, JR. By: c., L"fv~ ~~d1a John fF/. Fox, Jr., Esq~,i Identification No. 3185 1310 Two Penn Center Plaza Philadelphia, PA. 19102 (215)568-6868 Attorney for Defendants Bruce D. Land and Crete Carrier Corporation _, ,.-- ~, VERIFICATION Pursuant to Pennsylvania Rules of Civil Procedure 1024(c), John F. Fox, Jr., Esquire states that he is the attorney for Defendants Bruce D. Land and Crete Carrier Corporation and he makes this verification as an attorney because the parties he represents are outside the jurisdiction of this Court and that verifications cannot be obtained within the time limit allowed for the filing of this pleading; that he has sufficient knowledge and information based upon his investigation of the matter averred or denied in the foregoing pleading and that this statement is made subject to the penalties of 18 Pennsylvania Rules of Civil Procedure § 4904 relating to unsworn falsifications to authorities. V~.~.~s~/~ P J~1-IN F. FOX, JR., ESQUIRE Attorney for Defendants Bruce D. Land and Crete Carrier Corporation Date: o-t'3=~) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. GANG, CIVIL ACTION -LAW Plaintiff v. No. 01-5604 Civil Term BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John F. Fax, Jr., Esquire, hereby certifies that a true and correct copy of Defendants Bruce D. Land and Crete Carrier Corporation's Answer to Plaintiffs Complaint with New Matter was served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 16"' day of October, 2001. Jennifer Kline, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, Pa 17403 LAW OFFICES OF JOHN F. FOX, JR. By: H Ur` Joh F. Fox, Jr., E y, ire Identification No. 3 854 1310 Two Penn Center Plaza Philadelphia, PA. 19102 (215) 568-6868 Attorney for Defendants /~ Bruce D. Land and Date: ~~~J ~~ Crete Carrier Corporation G c:, ~ ; Z~ r% ~ -~ - mm .~ - ~;_t. .~ - _ , - _-~ ~~ v~ .., c.v -~: _ _ -,; y C W c ~'' ~ _ m ~ ~~ r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. GANG, Plaintiff v. BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants CIVIL ACTION -LAW NO. 01-5604 Civil Term JURY TRIAL DEMANDED REPLY TO NEW MATTER 18. Denied as a conclusion of law. 19. Denied as a conclusion of law. 20. Denied as a conclusion of law. By way of further response, Plaintiff specifically denies he assumed the risk. 21. Denied as a conclusion of law. 22. Denied as a conclusion of law. By way of further response, Plaintiff incorporates the allegations of the Complaint. 23. Denied as a conclusion of law. 24. Denied as a conclusion of law. WHEREFORE, Plaintiff demands judgment in his favor and against Defendants. Respectfully submitted, Date: October 24, 2001 KATHERMAN, JBRInGG,S~ & GREENBERG Jennifer A. Kline, Esquire Attorney for Plaintiff Supreme Court LD. #65950 31 South Queen Street York, PA 17403 (717) 848-3838 CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing REPLY TO NEW MATTER, as set forth below by depositing the same in the United States Mail, postage prepaid to: John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15~' and John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendants KATHERMAN, BRIGGS & GREENBERG Date: October 24, 2001 By: `i~ Jennife .Kline, Esquire Attorney for Plaintiff Supreme Court LD. #65950 31 South Queen Street York, PA 17403 (717)848-3838 3 k':: `/ v.1 L_ ~,ry ~` ~~ ~.~ ""!~ ~ ~' y .. .. r G' ~~ j:.7 C7i_] =,l„i -... '`.E i ~ ~. i ~-~-- ~=L7 a~ A -~-r{ i -G CJ9 -C "'~' 1 r ~ IN THE; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. GANO, CIVIL ACTION -LAW Plaintiff v. NO. 01-5604 Civil Term BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants JURY TRIAL DEMANDED ACCEPTAi®iCE ®F S%nVYCE I accept service of the Complaint on behalf of Defendants Bruce D. Land and Crete Carrier Corporation and certify that I am authorized to do so. /.2'?t- of Date ~~ ~.p F. Fox, Jr., s wire 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendants E, ~;_ > , ~` , P 'w t. J _ _ f~~r 9 n r;-~, ' ,c ` ~- - ~~ -_ t~'l-. -_ .. G, J _r: . __ K d w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. GANG, Plaintiff BRUCE D. LAND and CRETE CARRIER CORPORATION, Defendants CIVIL ACTION -LAW NO. 01-5604 Civil Term JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE To the Prothonotary: Please mazk the above action settled and satisfied. Date: q' ~, '03 Respectfully submitted, J ' D. •eenberg, Esquire Su e ourt LD. #47382 7 East Market Street York, PA 17401 (717)848-3838 ;. __ CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Fraecipe as set forth below by first class United States postage: John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15~' and John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendants Respectfully submitted, $RIGGS & GREENBERG BY: 7 East'Market Street York, PA 17401 (717)848-3838 Dated: ~ `~Q'o r": ~u a~wa~~~q~~~s~~acrc~ u~r~w~e~a~mr srro~n F ' ~ f ~ c~ ~, ~;:~ O [i i ~4 Tj :) '_-'t ~. _ r: Ci ~ ~ C. ~: : ~ f" ~ ~ . _ __ -~ . W. _ ~~J