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Home My WebLink About07-5985IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. S-9 9'S" 20 -Z Civil Action - (X) Law ( ) Equity CHRISTOPHER L. WOLFE J.B. HUNT TRANSPORT, INC. 225 W. COOVER STREET 615 J.B. HUNT CORPORATE DRIVE APT. #16 (REAR) LOWELL, AK 72745 MECHANICSBURG, PA 17055 STEPHEN HUBER 3011 2ND AVENUE VS. PARKVILLE BA, MD 21234 JURY TRIAL DEMANDED Plaintiff(s) & Defendant(s) & Addresses Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff JOSEPH J. DIXON, ESQUIRE 126 STATE STREET ature of Attorney HARRISBURG, PA 17101 (717) 236-8515 Supreme Court ID No.28290 Names/Address/Telephone No. Of Attorney Date: WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): J. B. HUNT TRANSPORT, INC. AND STEPHEN HUBER YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. / S / /d- of , Date: /,)- // 0"7 Prothono Deputy ( ) Check here if reverse is issued for additional information. "^S Y d N ? "-1 r I S ' RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, PA 17101 (717) 234-7700 Attorneys for Defendant, J.B. Hunt Transport, Inc. CHRISTOPHER L. WOLFE Plaintiff, vs. ; J.B. HUNT TRANSPORT, INC. and : STEPHEN HUBER : Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 5985 - 2007 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, J.B. Hunt Transport, Inc. in the above-referenced matter. RAWLE & HY_-?PWON LLP By: teary N. Swart, Esquire Attorneys for Defendant, J.B. Hunt Transport, Inc. 2183970-1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Counsel for Plaintiff RAWLE & H R ON LLP sy: y N. Stewart, Esquire Dated: L ? Z O 2183970-1 tJ cf-?a' 0 -J -_ x7l C ? d A RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 Payne Shoemaker Building 240 N. Third Street, 9' Floor Harrisburg, PA 17101 (717) 234-7700 CHRISTOPHER L. WOLFE Plaintiff, vs. J.B. HUNT TRANSPORT, INC. and STEPHEN HUBER Attorneys for Defendant, J.B. Hunt Transport, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 5985 - 2007 CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule upon plaintiff to file a complaint within twenty (20) days of service hereof upon penalty of non pros. Dated: RAWLE & H LLP By: N. Stewart, Esquire Attorneys for Defendant J.B. Hunt Transport, Inc. RULE TO FILE COMPLAINT AND NOW this 64- day of 1)00 , 2007, a rule is entered upon plaintiff to file a complaint within twenty (20) days from the date of service hereof. S /C . 16THONOTARY 040 2183970-1 r CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing praecipe for rule to file complaint by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Counsel for Plaintiff RAWLE & By: Dated: i0 v N. Ste*art, Esquire 2183970-1 O ) V ? .-dry 7 rr, RISTOPHER L. WOLFE, IN THE COURT OF COMMPONPLEAVANIA CH CUMBERLAND COUN, 9 Plaintiff NO. 5985-2007 V. CIVIL ACTION - LAW HUNT TRANSPORT, INC. : J. B. JURY TIRAL DEMANDED and STEPHEN HUBER, Defendants : NOTICE claims set YOU HAVE BEEN SUED IN COURT. If you wish to defend against the Complaint forth in the following pages, you must take action within ? ontY (tor bydays after attorney and filing in and Notice are served by entering a written appearance to the claims set for against you. You are writing with the Court your defenses or objections proceed without you and a judgment maybe warned that if you fail to do so, the case may p entered against you by the Court without further notice for any money claimed io the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money property other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF HONE THE O NOT HAVE A LAWYER OR CANNOT AFFORD ONE,YO CAN GET LEGAL HELP OFFICE SET FORTH BELOW TO FIND OUT WHERE CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICA LE RAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier gueja o alivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 By: f' Joseph J. Dixon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff CHRISTOPHER L. WOLFE, Plaintiff v J. B. HUNT TRANSPORT, INC. and STEPHEN HUBER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5985-2007 CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this day of N , xk 645 2007 comes the Plaintiff, Christopher L. _ 116 Wolfe by and through his attorney, Joseph J. Dixon, Esquire, who respectfully avers as follows: 1. The Plaintiff is Christopher L. Wolfe an adult individual who resides at 225 West Coover Street, Apt. 16 Rear, Mechanicsburg, Pennsylvania 17055. 2. The Defendant, J.B. Hunt Transport, Inc. is a business corporation whose principal place of business is 615 J.B. Hunt Corporate Drive, Lowell, Arkansas 72745. 3. The Defendant, Steven Huber is an adult individual who resides at 3011 2nd Avenue, Parkville BA, Maryland, 21234. 4. At all times material hereto, the Defendant, Steven Huber was an employee and/or agent or servant of the Defendant, J.B. Hunt Transport, Inc. 5. On or about October 21, 2005, the Plaintiff, Christopher L. Wolfe was working as an assistant store manager for Rite Aid Corporation at its store located at 1137 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 6. At said time and place, the Defendant, Steven Huber on behalf of the Defendant, J.B. Hunt Transport, Inc. was delivering products to Rite Aid Corporation at its retail store at 1137 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 7. At approximately 2:30 a.m., the Defendant, Steven Huber was pushing a skid full of products through the Rite Aid Store to a certain location for unloading and putting on the shelves. 8. At said time and place, the Defendant without warning, pushed the skid of products into the Plaintiff, Christopher L. Wolfe, sideswiping the Plaintiff, hitting him in the head, and then hitting him again and pushing him in between two (2) skids of merchandise. 9. At all times material hereto, the Defendant Steven Huber was acting on behalf of the Defendant, J. B. Hunt Transport, Inc. 10. At all times material hereto, the Defendant Transport, Inc. is vicariously liable for the actions and conduct of its employee, agent or assigns. 11. As a result of the action and conduct of the Defendant, the Plaintiff suffered severe personal injuries. These injuries include but are not limited to: Herniated disc at the L-4 L-5 level of the low back, herniated disc of the L-5 S-1 level of the low back, right radiculopathy, low back pain, nerve damage in low back, complications from nerve damage in low back, lumbar radiculitis, aggravation of degenerative disc disease in lumbar spine, lumbosacral strain sprain, urological complication from low back injury, discogenic and radicular pain in low back, disc protrusion at the L-4 L-5 and, L-5 S-1 level of the low back, bilateral radicular pain, thecal sac impingement at the L-4 L-5 level of the lower back and impingement of the thecal sac at the L-5 S-1 level of the lower back. 12. The injuries sustained by the Plaintiff, were caused by the negligence and carelessness of the Defendants, which consist of the following: (a.) Failure to properly deliver skids of freight to a business establishment. (b.) Failure to pay attention to the location of store employees while delivering freight to a business establishment. (c.) Failure to use proper technique in moving a skid into a business establishment. (d.) Pushing the skid to fast to be safe in a business establishment. (e.) Failure to properly train an employee concerning the safe movement of skids. (f.) Failure to remove an employee who had previously demonstrated reckless tendencies in the delivery of products from the Defendant to Rite Aid Corporation. 13. The Plaintiff believes and therefore avers that on the same night of the incident referenced in this Complaint at an earlier point in time, the Defendant, Stephen Huber pushed the skid into displays at the Rite Aid Store in Lemoyne, Cumberland County, Pennsylvania. 14. The Plaintiff believes and therefore avers that the Defendant Steven Huber has shown prior reckless tendencies in making deliveries when on September 30, 2005 he drove a J. B. Hunt vehicle into the side of the Rite Aid Store in Lemoyne, Cumberland County, Pennsylvania. 15. The injuries sustained by the Plaintiff were solely caused by the actions and conduct and/or inaction or omissions of the Defendant and its employees and/or assigns. 16. The Defendant, J. B. Hunt Transport, Inc. was aware of the Defendant, Stephen Huber's reckless and careless conduct and did nothing to stop to correct it prior to the incident referenced in this Complaint. 17. The injuries sustained by the Plaintiff were in no way caused by the action and conduct of the Plaintiff. 18. The Plaintiff believes and therefore avers that he will have permanent limitations in his physical ability to do personal and vocational activities as a result of the injuries sustained in this accident. The total amount of this loss is unascertained at this time. 19. The Plaintiff has in the past and will in the future undergo great pain and suffering. 20. The Plaintiff believes and therefore avers that he will be susceptible to future injuries as a result of the incident. 21. As a result of the injuries sustained, the Plaintiff has been obliged to receive and undergo medical treatment, incur medical expenses, the total amount of these which are unascertained at this time. 22. As a result of the injuries sustained, the Plaintiff has had to modify his personal activities and has had a substantial interference in his ability to enjoy life and its pleasures. 23. As a result of the injuries sustained, the Plaintiff has suffered a loss of income. In addition, the Plaintiff has a permanent loss of the ability to earn income into the future. The total amount of this loss is unascertained at this time. WHEREFORE, the Plaintiff prays this Honorable Court enter judgment against the Defendant in the amount in excess of Fifty Thousand Dollars ($50,000.00). Respectfully submitted, By: Joseph . Dixon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff Dated: ///)v 4? VERIFICATION are true and I verify that the statements made in this t. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. correc §4904, relating to unworn falsification to authorities. Dated: SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-05985 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WOLFE CHRISTOPHER L VS. JB HUNT TRANSPORT INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT JB HUNT TRANSPORT INC by United States Certified Mail postage prepaid, on the 20th day of November ,2007 at 1000:00 HOURS, at 615 JB HUNT CORPORATE DRIVE LOWELL, AK 72745 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by BUTCH SAUERWEIN JB 10/15/2007 . Additional Comments: on Sheriff's Costs: So Docketing 18.00 Service 5.79 R,. Affidavit .00 h Surchar ge 10.00 f a .00 33.79 Paid by JOSEPH DIXON Sworn and Subscribed to before me this day of , , a true . Together Lomas Kline iff of Cumberland County on 11/20/2007 A. D. The returned SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-05985 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WOLFE CHRISTOPHER L VS. JB HUNT TRANSPORT INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT HUBER STEPHEN -, by United States Certified Mail postage prepaid, on the 20th day of November ,2007 at 1000:00 HOURS, at 3011 2ND AVENUE PARKVILLE BA, MD 21234 and attested copy of the attached WRIT OF SUMMONS with , a true Together The returned receipt card was signed by RETURNED WITH A FORWARDING 00/00/0000 . Additional Comments: on Sheriff's Costs: Docketing Service Affidavit Surcharge 0 So 6.00 /' 5.21 R, .00 Sh 10.00 .00 21.21 Paid by JOSEPH DIXON Sworn and Subscribed to before me this day of , somas &E ne iff of Cumberland County on 11/20/2007 . A. D. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2007-05985 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WOLFE CHRISTOPHER L VS. JB HUNT TRANSPORT INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT HUBER STEPHEN , by United States Certified Mail postage prepaid, on the 20th day of November ,2007 at 1000:00 HOURS, at 5613 GREENHILL AVENUE BALTIMORE, MD 21206 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by RETURNED - UNCLAIMED on 00/00/0000 . Additional Comments: Sheriff's Costs: So wer . Docketing 6.00 Service 5.21 i R. omas Kline Affidavit 00- S iff of Cumberland County Surcharge p1 10.00 a` . 0 0 r?21.21 Paid by JOSEPH DIXON on 11/20/2007 Sworn and Subscribed to before me this day of A.D. r i ' ¦ Complete Items 1, 2, and 3. Also complete y? N item 4 if Restricted Delivery Is desired. 7uf1, ?. X ? Agent ¦ Print your name and address on the-reverse ? Addressee so that we can return the card to you. ¦ Attach this card to the back of the mail piece, B. Received by (Printed Name) C. Da of Delivery or o0 the front If space permits. D. Is delivery address different from Item 1? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No ,J.B. Hunt Transport Inc 615 JB Hunt Corporate Drive Lowell, AK 72745 3. Service Type XWCertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. 7005 2570 0000 3803 3157 07•-585 civil PS Form 3811, February 2004 Domestic Return Receipt 10V% 127W15Q y... ?' ¦ Complete items 1, 2, and 3. Also complete A. Signature I item 4 if Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse O Addressee so that we can return the card to you. B. Received by (Printed Name) i C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ? Yee 1. Article Addressed to: If YES, enter delivery address below: ? No I Stephen Huber 3011 2nd Avenue i Parkville BA, MD 21234 I I 3. Service Type XRterttned mail ? Express Mail i ? Registered ? Return Receipt for Mwchwxfts ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Prue Fee) 0 VIN 7005 2570 0000 3803 3164 07-59W-divil j PS Form 3811, February 2004 Domestic Return Receipt '16 1-1-1640 I COMPLETE • COMPLETE THIS SECTION ON DELIVE; SENDER? i + ¦ Complete it 1, 2, and 3. Also. complete A. Signature Item 4 if Restricted Delivery Is desired. X C AAddresses ¦ Print-your name and address on the reverse so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery I ¦ Attach this card to the back of the mailplece, or on the front if space permits. D. Is delivery address different from item 1? E3 Yes 1. Article Addressed to: It YES, enter delivery address below: ? No i Stephen Huber 5613 Greenhill Avenue Baltimore, MD 21206-3623 j 3. Service Type Certified Mail ? Express Mail la Registered ? Return Receipt for Meroharldlas ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exba Fee) 13 Yes UNITED STATES POSTAL SERVICE LISPS • Sender: please print your name, address, and ZIP+4 in this box • R. Thomas Me, ftcTf?ff County of Cumberland Court House Carlisle, P A 17013 11!l1It11l?f1,,,,,,ll..ll...?l.._II.,I . In 1 , , „ ! -.......••••••......,ur„l.rnli!!illI11F1 CERTIFIED MAILM r 7 4 /4 COUNTY OF CUMBERLANC 02 1A Office of The Sheriff 7005 2570 0000 3803 3164 0004631598 C = 1 Courthouse Square MAILED FROM Z? i Carlisle, Pennsylvania 17013 Stephen Huber 3011 2nd Avenue Parkville BA, MD 21234 X 171 N,?F- 1 9*61 2S 11 FORWARD TIME EXP RTH TO SEND RUDER' STEPHEN 8x513 ?GREENHILL AVE BALTIMORE MO 21206-3623 RETURN TO SENDER 1,,,111,,,111,11,1,11„11,,,111» 111111? 11111111111111 a ? 1 g?s 02 1A $ CO1*TY OF CUMBERLAND 0 004631598 Ofice of The Sheriff 7005 2570 0000 3803 3140 MAILED FROM ZIP -.>i°Go?use Square Carlisle, Pennlia, 17013 i s r I t s ?a , ?? 11 Stephen Huber 5613 Greenhill Avenue Baltimore, MD 21206-3623 1-d 'a7 NIXIE: 212 8E 1 08 RETURN TO SENDER First-Class Mail Postage & Fees Paid Permit No. G-10