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HomeMy WebLinkAbout09-1149SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Robert Carbaugh, Jr., Plaintiff v. Brandon Scurry and Paschall Truck Lines, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~, e NO. ~)~ " 1~~9 ~G>~' CIVIL ACTION -LAW Defendants YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 234-3700 !FAX (717) 234-8212 www.sholljanlaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 for riamtirr Robert Carbaugh, Jr., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Brandon Scurry and Paschall Truck Lines, Inc., Defendants NO. U ~- / ~ ~ q C'u~-~ ~ CIVIL ACTION -LAW LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (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 que si usted no se defiende, la corte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACIbN SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 2 SHOLLENBERGER & JANU2ZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717)234-3700 !FAX (717)234-8212 www.sholljanlaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 for riamtitt Robert Carbaugh, Sr., Individually and Robert Carbaugh, Jr., a minor, by Robert Carbaugh, Sr., Guardian, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v 9- /~ 4+9 ~f ~~- Brandon Scurry and Paschall Truck Lines, Inc., Defendants CIVIL ACTION -LAW AND NOW, come the Plaintiffs, ROBERT CARBAUGH, SR., Individually and ROBERT CARBAUGH, JR., a minor, by ROBERT CARBAUGH, SR., Guardian, by and through their attorneys, Shollenberger and Januzzi, LLP and do respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, ROBERT CARBAUGH, SR., is an adult individual who resides at 8380 Rice Road, Shippensburg, Cumberland County, Pennsylvania. 2. Plaintiff, ROBERT CARBAUGH, JR., is a minor child, being born March 26, 2009, who resides with his father and guardian, ROBERT CARBAUGH SR., at 8380 Rice Road, Shippensburg, Cumberland County, Pennsylvania. 3. Defendant, BRANDON SCURRY, is an adult individual whose last known address is 10407 Sage Trail, Houston, Texas. 4. Defendant, PASCHALL TRUCK LINES, INC., is a Tennessee Corporation 3 SHOLLENBERGER 8 JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 2343700 !FAX (717) 234-6212 www.sholljanlaw.com with corporate offices located at 361 Mallory Station Drive, Nashville, Tennessee. 5. The facts and circumstances hereinafter set forth took place on April 24, 2007, at or about 9:19 p.m. on the Pennsylvania Turnpike exit ramp at Mile Post 226 and which intersects with Routes 11 and 81 in Middlesex Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, ROBERT CARBAUGH, JR., was the passenger of a 1988 Toyota Tercel operated by his father, Robert Carbaugh, Sr. 7. At the aforesaid time and place, Defendant, BRANDON SCURRY, was the operator of a 2006 Columbia Freightliner. 8. At the aforesaid time and place, Defendant, BRANDON SCURRY, was acting as the agent and/or employee of Defendant, PASCHALL TRUCK LINES, INC., and was operating the aforesaid Columbia Freightliner in the right hand lane on the Pennsylvania Turnpike ramp which intersects with Route 11 and Route 81 within the course and scope of the agency and/or employment relationship with Defendant, PASCHALL TRUCK LINES, INC., 9. At the aforesaid time and place, Robert Carbaugh, Sr., was operating the Toyota Tercel in the far left lane on the Pennsylvania Turnpike ramp toward Route 11 North in Middlesex Township, Cumberland County, Pennsylvania. 10. At the aforesaid time and place, Defendant, was operating the Freightliner in the right hand lane and moved to the left lane to access the ramp to Route 11 North. When he did so, the left steering tire of the Freightliner struck the right side of the Tercel, forcing the Tercel into the concrete barrier. 4 SHOLLENBERGER 6 JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 2343700 !FAX (717) 234-6212 www.sholljanlaw.com 11. As a result of the aforesaid incident, Plaintiff, ROBERT CARBAUGH, JR., has suffered serious and permanent injuries, including but not limited to the following: (a) Right wrist sprain; (b) Right upper extremity injury with non-displaced fracture involving the distal radius and/or scaphoid; (c) Right wrist fracture; (d) Ligamentous injury to the right wrist; (e) Right wrist TFCC tear; (f) Right wrist extensor carpi ulnaris synovitis; and (g) synovitis of the right wrist. 12. The aforesaid collision was the direct and proximate result of the negligence of Defendant, BRANDON SCURRY in operating the Columbia Freightliner in a careless, reckless, and negligent manner as follows: (a) Turning the vehicle before the movement could be made with reasonable safety and without giving an appropriate signal in violation of Section 3334 (a) of The PA Motor Vehicle Code; (b) In failing to observe Plaintiff s vehicle on the highway; (c) In failing to keep a reasonable look-out for other vehicles lawfully on the road; (d) In failing to yield the right-of-way to traffic already upon the highway; and (e) Failing to drive the Freightliner as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly 5 SHOLLENBERGER 8 JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 234-3700 !FAX (717) 2348212 www.sholljanlaw.com marked lanes for traffic and moving from the lane before ascertaining that the movement could be made with safety in violation of §3309(1) of the PA Motor Vehicle Code. 13. As a direct and proximate result of the aforesaid injuries, Plaintiff, ROBERT CARBAUGH, JR., has undergone and in the future will undergo great pain and suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, ROBERT CARBAUGH, JR., has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of this collision, Plaintiff, ROBERT CARBAUGH, SR., on behalf of Plaintiff, ROBERT CARBAUGH, JR., has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 16. As a further result of this collision, Plaintiff, ROBERT CARBAUGH, JR., has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 17. As a further result of the aforesaid injuries, Plaintiff, ROBERT CARBAUGH, SR., on behalf of Plaintiff, ROBERT CARBAUGH, JR., has incurred or s SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 234-3700 !FAX (717) 234-8212 www.sholganlaw.com may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, ROBERT CARBAUGH, JR., has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. Defendant, BRANDON SCURRY, was operating a vehicle registered in another state at the time of this collision. Therefore, Plaintiff, ROBERT CARBAUGH, JR., remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, the Plaintiffs, ROBERT CARBAUGH SR., individually and ROBERT CARBAUGH, JR., a minor, by ROBERT CARBAUGH, SR., Guardian, demand judgment in their favor and against the Defendants, BRANDON SCURRY and PASCHALL TRUCK LINES, INC., for compensatory damages in excess of the amount requiring compulsory arbitration. 7 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 2343700 !FAX (717) 234-8212 www.sholljanlaw.com Respectfully submitted, SHOLLENBERGER &JANUZZI, LLP Attorneys for Plaintiff By: C/~fibdt'~i ~!Sht~ferfberger, Esq. Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 ~~ d 2~. d~ (717) 728-3400 (fax) Date: 8 SHOLLENBERGER &JANUZZI, LLP 1620 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717)234-3700 !FAX (717)234-8212 www.sholljanlaw.com SHOLLENBERGER &JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Robert Carbaugh, Jr., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Brandon Scurry and Paschall Truck Lines, Inc., NO. CIVIL ACTION -LAW Defendants ": And now, this ~~Z,~day of , 2009, I hereby certify that a copy of the foregoing Complaint has been served upon t e following, via U.S. Certified Restricted Delivery Mail: Brandon James Scurry 10407 Sage Trail Houston, TX 37067 Paschall Truck Lines, Inc. 361 Mallory Station Dr. Nashville, TN 37067 SHOLLENBERGER &JANUZZI, LLP By: i o A. ollenbe er, sq. SHOLLENBERGER &JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 234-3700 !FAX (717) 234-8212 www.sholljanlaw.com ` r r ~- c-..'a 'i~ '\\ ~ ~ '?"1 ~~ ~ ~. ~ r`~ ~- ~ ~i ~ ~ _. _~ , ROBERT CARBAUGH, SR., individually IN THE COURT OF COMMON PLEAS and ROBERT CARBAUGH, JR., a minor, by CUMBERLAND COUNTY, Robert Carbaugh, Sr., Guardian, PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW vs. No. 09-1149 BRANDON SCURRY AND PASCHALL TRUCK LINES, INC., JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about September 17, 2009. 2. A true and correct file copy of the Notice of Intent, including copies of the proposed subpoenas, is attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has expired without any objections being made. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP tiy: U Tbdd B. Narvol; Esquire ~ (J Attorney I.D. #42136 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Date: October 8, 2009 THOMAS, THOMAS &HAFER, LLP 305 NORTH FRONT STREET P.O. BO}~ 999 HARRISBURG. PA 17105 Todd B. 1Varvol, Esquire Attorney ID #42136 717-237-7133 Attorneys for Defendants Brandon Scum and Paschall Truck Lines. Inc. ROBERT CARBAUGH, SR., individually and IN THE COURT OF COMMON PLEAS ROBERT CAF.BAUGH, JR., a minor by Robert: CUMBERLAND COUNTY, Carbaugh, Sr., Guardian, PENNSYLVANIA Plaintiff,: CIVIL ACTION -LAW vs. No. 09-1149 BRANDON SCURRY AND PASCHALL TRUCK LINES, INC., JURY TRIAL DEMANDED Defendants.: NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS &HAFER, LLP Date: ~ ~ ~ ~ Tod B. Narvol, Esquire Attorney I.D. # 42136 305 North Front Street P. O. Box 999 ROBERT CARBAUGH, SR., individually and R OBERT CARBAUGH, JR., a minor by Robert Carbaugh, Sr., Guardian, Plaintiff,: vs. BRANDON SCURRY AND PASCHALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 09-1149 TRUCK LINES, INC., JURY TRIAL DEMANDED Defendants.: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Orthopedics, 120 N. 7th Street, Suite 101 Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: copies of the medical file reaardin~ Robert Carbau~h, Sr. DOB: 4/21/1963, SS# 161-60-9876, including but not limited to. anv and all medical records, statements, diagnostic testing, in patient and outpatient records, medical bills, etc. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Todd B. Narvol, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7133 SUPREME COURT ID#: 42136 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ROBERT CARBAUGH, SR., individually and R OBERT CARBAUGH; JR., a minor by Robert Carbaugh, Sr., Guardian, Plaintiff,: vs. BRANDON SCURRY AND PASCHALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 09-1149 TRUCK LINES, INC., JURY TRIAL DEMANDED Defendants.: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Orthopedics, 120 N. 7t" Street, Suite 101 Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: copies of the medical file re~ardinQ Robert Carbaugh, Jr. DOB:03/26/1993, including but not limited to, anv and all medical records, statements, diagnostic testing, in patient and outpatient records, medical bills, etc. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Todd B. Narvol, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7133 SUPREME COURT ID#: 42136 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ROBERT CARBAUGH, SR., individually and R OBERT CARBAUGH, JR., a minor by Robert Carbaugh, Sr., Guardian, Plaintiff,: vs. BRANDON SCURRY AND PASCHALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 09-1 ? 49 TRUCK LINES, INC., JURY TRIAL DEMANDED Defendants.: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Group, Custodian of Records, 4901 Louise Drive, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: copies of the PIP file regarding Robert Carbaugh, Sr., DOB: 4/21/1963, SS# 161-60-9876. and Robert Carbaugh, Jr., DOB: 03/26/1993, for policy no. Q111206837H, Claim No. 010170916902, for date of accident: 4/24/07, including but not limited to, any and all medical records, applications for benefits, wage verifications, statements, medical bills, claim file notes, payment information, determinations, findings, photographs, policy declarations pages, Peer Review Reports. IME reports, correspondence, etc. at: Thomas, Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Todd B. Narvol, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7133 SUPREME COURT ID#: 42136 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ----day of September.. 2009, on all counsel of record as follotis: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 THOMAS, THOMAS & HAFER, LLP Beth E. For es, aralegal 2 CERTIFICATE OF SERVICE I, BETH E. FORBES, PARALEGAL, of the law firm of THOMAS, THOMAS, &HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 THOMAS THOMAS &HAFER, LLP Date: ~ ~~ BETH E. F RBES, PARALEGAL F!~~~~r~: - "~ 2uC9 GCT ! 3 Fib 2~ J; SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff Robert Carbaugh, Jr., Plaintiff V. Brandon Scurry and Paschal Truck Lines, Inc., Defendants ISIf-fit i IC. 2010 OPT 12 Pa`s 12: 5?' 11,iB -RLA i,! 0 C0;1 4T `+' PEN!Fl YU-1A,N1IA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1149 CIVIL ACTION - LAW CERTIFICATE OF SERVICE And now, this -" aay of October, 2010, 1 hereby certify that a copy of the foregoing Interrogate ies and Request for Production of Documents have been served upon the following, via U.S. Mail: Todd B. Narvol, Esquire Thomas Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 SHOLLE By. R & JANUZZI, LLP 6110bergef, Esq. 4343 31 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 FILED-C, r it T; MOTH SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 7--" ", i CUMBERLA'ND w,. iU`i a PEN-"4S YLb'.^.' i MLLUIIICyS IUI r-IdUIL11 ROBERT CARBAUGH, JR., Plaintiff V. BRANDON SCURRY and PASCHALL TRUCK LINES, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1149 CIVIL ACTION - LAW Defendants MOTION FOR STATUS CONFERENCE AND NOW, comes the Plaintiff, ROBERT CARBAUGH, JR., by and through his attorneys, Shollenberger and Januzzi, LLP and do respectfully represent the following: 1. Plaintiffs initiated the above captioned action on or about February 25, 2009, by filing and serving a Complaint upon the Defendants. 2. Counsel for the Defendants, Todd B. Narvol and Jason C. Giurintano, entered an appearance on or about September 2, 2009. 3. Counsel for the Defendants has advised Plaintiffs counsel that they will fine an Answer to Plaintiffs Complaint on or before December 15, 2010. 4. Plaintiff propounded Interrogatories and Requests for Production of Documents to Defendants on or about October 8, 2010. 5. The Plaintiff desires to move this case to a conclusion in a fair and reasonable manner to all parties. 6. Plaintiff believes and therefore avers that the requested Status Conference is needed to facilitate the completion of discovery in this matter by setting reasonable deadlines and parameters in order to move the case expeditiously to trial. 7. The Plaintiff believes and therefore avers that this Court could and should adopt a discovery plan as follows: a) All factual and non expert discovery should be completed no later than April 1, 2011; b) Plaintiffs shall identify and submit curriculum vitae and expert reports of all expert witnesses intended to testify at trial to all other parties no later than May 1, 2011; c) Defendants shall identify and submit curriculum vitae and expert reports of all expert witnesses intended to testify at trial no later than June 30, 2011; d) All pre-trial or dispositive motions shall be filed no later than July 30, 2011; and e) The case shall be listed for trial for the September 2011 term of Court. 8. Counsel for the Plaintiff has disclosed the full text of the Status Conference Regarding Discovery and the accompanying order by facsimile to counsel for the Defendant and said counsel concurs in this Motion. 9. No judge has ruled upon any other issue in the same or related matter. WHEREFORE, Plaintiff, Robert Carbaugh, Jr. respectfully requests that this Honorable Court issue an order scheduling a Status Conference in the above captioned action for the purposes of assigning a judge, setting deadlines and facilitating the case to trial. Respectfully submitted SHOLLENBERGER & JANUZZI, LLP Attorney o I ' tiff By: T hol bjer, orney I. D. No. 34343 Attorney for Plaintiffs Date: 12?jio SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 MLLUI net's wr riamtm ROBERT CARBAUGH, JR., Plaintiff V. BRANDON SCURRY and PASCHALL TRUCK LINES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1149 CIVIL ACTION - LAW CERTIFICATE OF SERVICE REGARDING MOTION FOR STATUS CONFERENCE And now, this day of +' W-, 2010, 1 hereby certify that a copy of the foregoing Plaintiff's Motion for Status Conference was mailed via U.S. Mail today to the following: Todd B. Narvol, Esquire Thomas Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 SHOLLEN By: ey I D#34343 0 F -r FILED-OFFICE PR Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP _? ; 305 NORTH FRONT STREETI 1 f Attorney 1D #42136 717-237-7133 HARRISBURG, PA 17108 DECZ P? 3? J Attorneys for Defendants t, U MBERLAND COU ? Brandon Scurry and Paschal] Truck Lines, Inc. ROBERT CARBAUGH, SR., individually IN THE COURT OF COMMON PLEAS and ROBERT CARBAUGH, JR., a minor by CUMBERLAND COUNTY, Robert Carbaugh, Sr., Guardian, PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW vs. No. 09-1149 BRANDON SCURRY AND PASCHALL TRUCK LINES, INC., JURY TRIAL DEMANDED Defendants. STIPULATION TO AMEND COMPLAINT The parties to this case, by and through their undersigned counsel, who are authorized to enter into this Stipulation, hereby agree and stipulate as follows: The Plaintiffs' Complaint shall be amended in the following manner: A. The portion of Paragraph 12, which currently reads, "The aforesaid collision was the direct and proximate result of the negligence of Defendant, BRANDON SCURRY in operating the Columbia Freightliner in a careless, reckless, and negligent manner," shall be amended to delete the word "reckless." Date: J-2• 10 • 10 Date: 12/11-1 Date: BY: TIC A. SITOLLLCGBER@ER Atto ey for Plaintiffs BY: TO D B. NARVO Attorney for Defendants APPROVED BY THE COURT IF THOMAS, THOMAS & HAFER, LLP' ??F 9 i ?• 305 NORTH FRONT STREET `" T r Todd B. Narvol, Esquire HARRISBURG, BOX 999 } Attorne ID #42136 PA 17108 .? y v ! PC i j 717-237-7133 Lindsey E. Fund, Esquire !???ti ??Vkk Attorney ID #308145 717-441-3959 Attorneys for Defendants Brandon Scurry and Paschall Truck Lines, Inc. ROBERT CARBAUGH, SR., individually IN THE COURT OF COMMON PLEAS and ROBERT CARBAUGH, JR., a minor by CUMBERLAND COUNTY, Robert Carbaugh, Sr., Guardian, PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW vs. BRANDON SCURRY AND PASCHALL No. 09-1149 TRUCK LINES, INC., JURY TRIAL DEMANDED Defendants. AND NOW, comes Defendants, Brandon Scurry and Paschall Truck Lines, Inc. ("Defendants"), by and through its attorneys, Thomas, Thomas & Hafer, LLP, and respectfully files this instant Answer with New Matter, averring as follows: 1. matters averred in this paragraph. demanded at time of trial. 2 matters averred in this paragraph. demanded at time of trial. Defendant is without information sufficient to form a belief as to the truth of the Therefore, the averments are DENIED, and strict proof is Defendant is without information sufficient to form a belief as to the truth of the Therefore, the averments are DENIED, and strict proof is 3. ADMITTED. 4. DENIED. By way of further response, Defendant, Paschall Truck Lines, Inc. is a Kentucky corporation with a registered address of P.O. Box 1080, 3443 Hi ' ghway 641 South, Murray, Kentucky, 42071. 5. ADMITTED. 6. ADMITTED. 7. ADMITTED. By way of further response, Defendant, Brandon Scurry, was operating his vehicle within the course and scope of his employment with Defendant, Paschall Truck Lines, Inc. 8. It is ADMITTED only that Defendant, Brandon Scurry, was operating the Columbia Freightliner on the Pennsylvania Turnpike ramp within the course and scope of his employment with Defendant, Paschall Truck Lines, Inc. All other averments in this paragraph are DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 9. It is ADMITTED only that Plaintiff, Robert Carbaugh, Sr., was operating his vehicle on the Pennsylvania Turnpike ramp. g All other averments in this paragraph are DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 10. It is ADMITTED only that Defendant, Brandon Scurry, was operating the Columbia Freightliner and that the Columbia Freightliner collided with Plaintiffs, vehicle. All other averments in this paragraph are DENIED generally pursuant to Pa.R.Civ.P. 1029(e). way of further response, at the time of the collision, Defendant, Brandon Scurry, was operating his vehicle within the course and scope of his employment with Defendant, Paschall Truck Lines, Inc. 11(a)-(g). DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 2 12(a)-(e). DENIED generally pursuant to Pa.R.Civ.P. 1029(e). Additionally, the parties have agreed by Stipulation to delete the word "reckless." 13. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 14. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 15. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 16. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 17. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 18. DENIED generally pursuant to Pa.R.Civ.P. 1029(e). 19. It is ADMITTED that Defendant, Brandon Scurry, was operating a vehicle registered in another state at the time of the collision. All other averments in this paragraph are DENIED generally pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendants request that judgment be entered in their favor and against Plaintiffs. NEW MATTER 20. Defendants hereby incorporate paragraphs 1 through 19 of their Answer with New Matter by reference as though set forth fully at length herein. 21. The Complaint, in whole or in part, fails to state a legally sufficient claim against Defendants. 22. Any damages claimed by Plaintiffs were not caused by any acts, omissions, or breaches of duty of Defendants, but were caused in whole or in part, or were contributed to by the negligence, fault, or want of care of persons and/or entities other than Defendants. 23. Plaintiffs' claims may be barred by contributory and/or comparative negligence. 3 24. Plaintiffs' alleged injuries or damages, which are denied in any event, may have been pre-existing or caused by a subsequent accident, none of which were the fault of Defendants. 25. As discovery may show, Plaintiffs' claims may be barred or reduced by the affirmative defenses of arbitration and award, accord and satisfaction, release, waiver, estoppel, res judicata, collateral estoppel, issue preclusion, consent, claim preclusion, and/or statute of limitations, and Defendants hereby plead these affirmative defenses provisionally. 26. Plaintiffs' claims may be barred or reduced by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 27. Plaintiffs' damages may be barred or reduced by Plaintiffs' failure to mitigate said damages. WHEREFORE, for the reasons contained herein, Defendants are entitled to judgment in their favor and against Plaintiffs. Date: 6 ZO By: 4 Respectfully submitted, Thomas, Thomas & Hafer, LLP Todd . Narvol Attorney ID #42136 Attorneys for Defendants r VERIFICATION L. ke?5-4- V V 61-Ls , hereby verify that the averments made in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. /a-ao -,-,? C) to Date PASCHALL TRUCK LINES, INC. CERTIFICATE OF SERVICE I, Todd B. Narvol, Esquire, do hereby certify that on this day I served a true and correct copy of the foregoing document upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiffs Respectfully submitted, Date: ? L4, I( Thomas, Thomas & Hafer, LLP By: Tod B. Narvol Attorney ID #42136 Attorneys for Defendants ROBERT CARBAUGH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRANDON SCURRY AND PASCHALL TRUCK LINES, INC., . Defendants 09-1149 CIVIL TERM ***** ********************** ROBERT CARBAUGH, SR., IN THE COURT OF COMMON PLEAS O F Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A v CIVIL ACTION - LAW BRANDON SCURRY AND 7 mn PASCHALL TRUCK LINES, - INC., co Defendants 09-1157 CIVIL TERM 4 a_ a r w .. _ V7 IN RE: CASES CONSOLIDATED ORDER OF COURT AND NOW, this 13th day of January, 2011, pursuant to an agreement of counsel reached in the chambers of the undersigned judge on today's date, the above-captioned cases are consolidated for all purposes, including trial. For purposes of docketing, all papers in these cases shall hereafter be docketed at No. 09-1149 Civil Term. By the Court, Timothy A. Shollenberger, Esquire 2225 Millennium Way Enola, PA 17025 For Plaintiffs odd Narvol, Esquire Thomas Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 For Defendants :mae v CIVIL ACTION - LAW BRANDON SCURRY AND PASCHALL TRUCK LINES, - '? INC., m Defendants 09-1157 CIVIL TERM f? I ..?J r . 4.r r IN RE: STATUS CONFERENCE C:s 17i ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRANDON SCURRY AND PASCHALL TRUCK LINES, INC., Defendants 09-1149 CIVIL TERM *************************** ROBERT CARBAUGH, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROBERT CARBAUGH, JR., Plaintiff v AND NOW, this 13th day of January, 2011, pursuant to an agreement reached between counsel at a status conference held in the chambers of the undersigned judge in the above-captioned cases, which have been consolidated for all purposes, at which Plaintiffs were represented by Timothy A. Shollenberger, Esquire, and Defendants were represented by Todd Narvol, Esquire, it is ordered and directed as follows: 1. All factual and nonexpert discovery shall be completed no later than June 1, 2011; 2. Plaintiffs shall identify and submit curriculum vitae and expert reports of all expert witnesses 1 intended to testify at trial to all other parties no later than July 1, 2011; 3. Defendants shall identify and submit curriculum vitae and e: intended to testify at 4. All be filed no later than 5. Any be listed for trial by court. Kpert reports of all expert witnesses trial no later than August 31, 2011; pretrial or dispositive motions shall September 30, 2011; and unresolved aspect of the cases shall counsel for the December 2011 term of imothy A. Shollenberger, Esquire 2225 Millennium Way Enola, PA 17025 For Plaintiffs odd Narvol, Esquire Thomas Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 For Defendants :mae 1 . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 F-ji vDi-oi-1' ICE E PROTHONOTAR'f 2011 FEB 10 PM 1: 26 CU PENNSYL VANIAATY MLLU111evs 1U1 r-IdUItiii ROBERT CARBAUGH, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1157 BRANDON SCURRY and PASCHALL TRUCK LINES, INC., CIVIL ACTION - LAW Defendants ROBERT CARBAUGH, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-11491 BRANDON SCURRY and PASCHALL TRUCK LINES, INC., CIVIL ACTION - LAW Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, ended, and discontinued as it relates to Plaintiff, ROBERT CARBAUGH, SR. ONLY, with prejudice. Respectfully submitted, Dated: 02 .08 .11 SHOLLENBERGER & JANUZZI, LLP Attorn f P in By: fft of , Esq. y I. D. #3 34 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) I . . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ROBERT CARBAUGH, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1157 BRANDON SCURRY and PASCHALL TRUCK LINES, INC., CIVIL ACTION - LAW Defendants ROBERT CARBAUGH, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1149 BRANDON SCURRY and PASCHALL TRUCK LINES, INC., CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE AND NOW this day of February, 2011, 1 hereby certify that I have served the following Praecipe to Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Todd B. Narvol, Esquire Thomas Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 SHOLLENBERGER & JANUZZI, LLP By: ? ?/// //v MWX S olle er , Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 (t f c`_ w w F ?zr r,! ? f ,, . Httornevs Tor malntltT Robert Carbaugh, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1149 Brandon Scurry and Paschall Truck Lines, Inc., CIVIL ACTION - LAW Defendants ANSWER TO DEFENDANTS' NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, come the Plaintiffs, ROBERT CARBAUGH, SR., Individually and ROBERT CARBAUGH, JR., a minor, by ROBERT CARBAUGH, SR., Guardian, by and through their attorneys, Shollenberger and Januzzi, LLP and, file this Reply to New Matter of DEFENDANTS' BRANDON SCURRY AND PASCHALL TRUCK LINES, INC, and, in support thereof, respectfully represents the following: 20. Paragraphs 1 through 19 of the Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 21. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 24. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 26. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully submitted, SHOLLEVBERGER & JANUZZI, LLP Attorne sfor Plaintiff By: Date: 3 #? ( t Adam T. Wolfe, Esquire for Timothy A. Shollenberger, Esq. Attorney I.D. #34343 . 14 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 LLU111CyS IVI f ICUllllll Robert Carbaugh, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1149 Brandon Scurry and Paschall Truck Lines, Inc., CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE AND NOW this `day of Arth , 2011, 1 hereby certify that I have served the foregoing Plaintiffs' Answer to Defendants, Brandon Scurry and Paschall Truck Lines, Inc.'s New Matter on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Todd B. Narvol, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Respectfully bmitted, Shollenber& Januzzi, LLP By: am T. Wolfe, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 ;=1LEO-OFF IGE =..o ,!F PR0TH0N0TU'f 2011 JUL -? AM ! 1 ? ! 5 TY O PENN AND COUNTY Tor riamiITT ROBERT CARBAUGH, JR., Plaintiff V. BRANDON SCURRY and PASCHALL TRUCK LINES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1149 CIVIL ACTION - LAW CERTIFICATE OF SERVICE And now, thisv.Z_ `day of July, 2011, 1 hereby certify that a true and correct copy of the Notice of Deposition of Brandon Scurry has been served upon the following via U.S. Mail, postage prepaid, addressed to: Todd B. Narvol, Esquire Thomas Thomas & Hafer 305 North Front Street Harrisburg, PA 17108 SHOL LL B o o Z.Shollenberger, Esq. Attorney ID#34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 t ? D C1 J" n ruwr neys (ter riaintin Robert Carbaugh, Jr., Plaintiff v. Brandon Scurry and Paschall Truck Lines, Inc., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1149 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE To Prothonotary: Please mark the above-captioned action settled, ended, and discontinued with prejudice. Respectfully submitted, Date: UIV-t(IL SHOLLENBERGER & JANUZZI, LLP Attorneys,4or.the Plaintiff By: Tin 1 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 ! HARRISBURG, PA 17106-0545 (717) 234-3700 ! FAX (717) 234-8212 www.sholljanlaw.com