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Home My WebLink About09-2582SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO 406 Herman Avenue Lemoyne, PA 17043, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM O. FLORES 1503 Quinwood Street Hyattsville, MD 20783 -and- GILBERT & SONS, TRANSPORT, INC. 8917 South Cherry Lane Silver Spring, MD 20903 -and- JUNIOR'S TRANSPORTATION, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 -and- RICHARD M. BIGGS 945 South 30th Street Camp Hill, PA 17011 Defendants NO. ( - o'L.58a (24Vi l TP CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTt 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. 0 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO 406 Herman Avenue Lemoyne, PA 17043, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM O. FLORES 1503 Quinwood Street Hyattsville, MD 20783 -and- GILBERT & SONS, TRANSPORT, INC. 8917 South Cherry Lane Silver Spring, MD 20903 -and- JUNIOR'S TRANSPORTATION, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 -and- RICHARD M. BIGGS 945 South 30th Street Camp Hill, PA 17011 Defendants NO. O q - SPA Cup CIVIL ACTION - LAW JURY TRIAL DEMANDED wort 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 para 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 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACI6N 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 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO 406 Herman Avenue Lemoyne, PA 17043, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM 0. FLORES 1503 Quinwood Street Hyattsville, MD 20783 -and- NO. 0>..?:?? GILBERT & SONS, TRANSPORT, INC. 8917 South Cherry Lane Silver Spring, MD 20903 -and- JUNIOR'S TRANSPORTATION, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 CIVIL ACTION - LAW -and- JURY TRIAL DEMANDED RICHARD M. BIGGS 945 South 30th Street Camp Hill, PA 17011 Defendants AND NOW, comes the Plaintiff, JOSEPH S. SPAGNOLO, III, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, JOSEPH S. SPAGNOLO, III, is an adult individual who currently resides at 406 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, WILLIAM O. FLORES, is an adult individual whose last known address is 1503 Quinwood Street, Hyattsville, Prince George's County, Maryland. 3. Defendant, GILBERT & SONS, TRANSPORT, INC., is a Maryland Corporation with its principal office address at 1041 Ruatan Street, Silver Spring, Montgomery County, Maryland. 4. Defendant, JUNIOR'S TRANSPORTATION, INC., is or was a Maryland Corporation with its principal office address at 8917 South Cherry Lane, Upper Marlboro, Prince George's County, Maryland. 5. Defendant, RICHARD M. BIGGS, is an adult individual whose last known address is 945 South 30th Street, Camp Hill, Cumberland County, Pennsylvania. 6. At all times relevant to the within stated cause of action, Defendant, WILLIAM O. FLORES, was acting as the agent and/or employee of and within the course and scope of his employment/agency with Defendant, GILBERT & SONS, TRANSPORT, INC. 7. At all times relevant to the within stated cause of action, Defendant, WILLIAM O. FLORES, was acting as the agent and/or employee of and within 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 the course and scope of his employment/agency with Defendant, JUNIOR'S TRANSPORTATION, INC. 8. The facts and circumstances hereinafter set forth took place on March 14, 2008 on Gettysburg Road [State Route 2025] immediately west of the exit ramp from Route 15 North onto Gettysburg Road, Cumberland County, Pennsylvania. 9. At the aforesaid time and place, Plaintiff, JOSEPH S. SPAGNOLO, III, was a left side backseat passenger in a 1999 Ford Taurus owned and operated by Theresa M. Keck and bearing Pennsylvania Registration Number EVA6691. 10. At the aforesaid time and place, Defendant, WILLIAM O. FLORES, was the operator of a 2002 Freightliner tractor, owned by Defendant, GILBERT & SONS, TRANSPORT, INC. and bearing Maryland Registration Number 581 F20. 11. At the aforesaid time and place, the 2002 Freightliner tractor owned by Defendant, GILBERT & SONS, TRANSPORT, INC. and operated by Defendant, WILLIAM O. FLORES, was pulling a 1999 Utility Flat Bed semitrailer owned by Defendant, JUNIOR'S TRANSPORTATION, bearing Maine Registration Number 04348 and an expired Maine semi annual inspection sticker. 12. At the aforesaid time and place, Defendant, RICHARD M. BIGGS, was the owner and operator of a 2007 Chevrolet Van bearing Pennsylvania Registration Number PD5085A. 13. At the aforesaid time and place, the 1999 Ford Taurus operated by 3 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 Theresa M. Keck and occupied by Plaintiff, JOSEPH S. SPAGNOLO, III, was traveling west in the left-hand westbound lane of Gettysburg Road. 14. Immediately prior to the collision, Defendant, WILLIAM O. FLORES, was operating the subject tractor-trailer on the Shiremanstown ramp [State Route 8007, Segment 750, Ramp H] from North Route 15 onto westbound Gettysburg Road, which said ramp leads directly into the right-hand westbound lane of Gettysburg Road. 15. Defendant, RICHARD M. BIGGS, was operating the 2007 Chevrolet Van east in the left-hand eastbound lane of Gettysburg Road. 16. At the aforesaid time and place, Defendant, WILLIAM O. FLORES, caused the subject tractor-trailer to exit the Shiremanstown ramp into the right- hand westbound lane of Gettysburg Road and then immediately into a portion of the left-hand westbound lane, so that the subject tractor-trailer was partially in both westbound travel lanes of Gettysburg road. 17. At the aforesaid time and place, when Defendant, WILLIAM O. FLORES, moved the subject tractor-trailer from the Shiremanstown ramp into the right-hand and left-hand westbound lanes of Gettysburg Road, he caused the left side of the subject truck tractor, at or about the rear axel, to strike the right side of the 1999 Ford Taurus operated by Theresa M. Keck and occupied by Plaintiff, JOSEPH S. SPAGNOLO, III, causing the 1999 Ford Taurus to go over the raised center concrete median and careen back into the left side of the truck tractor, at or about the front axel of the truck tractor. 18. Following the second impact with the subject tractor-trailer, the 4 Shollenbeiger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 1999 Ford Taurus came to rest with the right front of the vehicle in the left-hand westbound lane of Gettysburg Road, a portion of the vehicle on the raised center median separating the westbound and eastbound lanes, and the rear of the vehicle in the right-hand eastbound lane of Gettysburg Road. 19. After the 1999 Ford Taurus came to rest, Plaintiff, JOSEPH S. SPAGNOLO, III, exited the 1999 Ford Taurus from his position in rear passenger seat and walked to the left rear of the 1999 Ford Taurus, remaining in the right- hand eastbound lane of Gettysburg Road. 20. After Plaintiff, JOSEPH S. SPAGNOLO, III, exited the 1999 Ford Taurus and moved to the left rear of the vehicle, he was struck on the left side of his body by the left front of the 2007 Chevrolet Van, operated by Defendant, RICHARD M. BIGGS, causing Plaintiff, JOSEPH S. SPAGNOLO, III, to be thrown into the rear of the 1999 Ford Taurus and then to the ground where he tumbled to his final resting position on the raised center median. 21. As a result of the aforesaid collisions, Plaintiff, JOSEPH S. SPAGNOLO, III, has suffered serious and permanent injuries, including but not limited to the following: a. Displaced fractures of the transverse processes of left T11, L1 bilaterally, L2 bilaterally and right L3; b. Medial laceration to segment 6 of the liver; c. Lateral laceration to segment 6 of the liver; d. Laceration of the medial aspect of the interpolar region of the right kidney with adjacent hyperdense fluid collection within the right 5 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 retroperitoneal space; e. Fractured ribs on the left; f. Left elbow injury; g. Laceration of the left eyelid; h. Closed head injury; and i. Multiple abrasions to the body 22. As a direct and proximate result of the aforesaid injuries, Plaintiff, JOSEPH S. SPAGNOLO, III, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 23. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. SPAGNOLO, III, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 24. As a direct and proximate result of the aforesaid injuries, Plaintiff, JOSEPH S. SPAGNOLO, III, has sustained scarring and disfigurement for which damages are claimed. 25. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. SPAGNOLO, III, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 26. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. SPAGNOLO, III, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 27. As a further result of this collision, Plaintiff, JOSEPH S. SPAGNOLO, III, has and/or may incur reasonable and necessary medical and 6 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 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. 28. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. SPAGNOLO, III, 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. 29. Plaintiff, JOSEPH S. SPAGNOLO, III, sustained a serious injury in this collision which caused him a serious impairment of body function. Therefore, Plaintiff, JOSEPH S. SPAGNOLO, III, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNT I JOSEPH S. SPAGNOLO, III v. GILBERT & SONS, TRANSPORT, INC.; JUNIOR'S TRANSPORTATION INC.• and WILLIAM O. FLORES 30. Paragraphs 1 through 29 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 31. The aforesaid collision was the direct and proximate result of the negligence of Defendant, GILBERT & SONS, TRANSPORT, INC. and JUNIOR'S TRANSPORTATION, INC., acting through their agent, servant, and/or 7 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 employee, Defendant, WILLIAM O. FLORES, and Defendant, WILLIAM O. FLORES individually, in operating the 2002 Freightliner tractor in a careless, reckless, and negligent manner as follows: a. Failing to drive the 2002 Freightliner tractor as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before the defendant had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code. b. Failing to yield the right-of-way to another vehicle in the intersection in violation of Section 3323 (b) of The PA Motor Vehicle Code. C. Failing to slow his vehicle in obedience to a yield sign to a speed reasonable for the existing conditions and then bringing the 2002 Freightliner tractor to a stop before entering a crosswalk or near side of an intersection or the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering in violation of Section 3323 (c) of The PA Motor Vehicle Code. d. When entering a roadway from an entrance ramp which leads directly into the right-hand lane of the roadway, failing to keep the 2002 Freightliner tractor solely within the right-hand lane until safe movement into the left-hand lane could be made. e. Entering a roadway from an entrance ramp and immediately proceeding, at least partially, into the far left lane of travel without traveling for some distance in the initial lane that he encountered after exiting the ramp. In failing to keep a reasonable look-out for other vehicles lawfully on the road. g. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls. h. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time. In failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the 8 Shollenbeiger 6 Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 highway. WHEREFORE, Plaintiff, JOSEPH S. SPAGNOLO, III, demands judgment against Defendants, GILBERT & SONS, TRANSPORT, INC.; JUNIOR'S TRANSPORTATION, INC.; and WILLIAM O. FLORES, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II JOSEPH S. SPAGNOLO, III v. RICHARD M BIGGS 32. Paragraphs 1 through 31 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 33. The aforesaid collision referenced in paragraphs 18 through 20 of this complaint, was the direct and proximate result of the negligence of the Defendant, RICHARD M. BIGGS, in operating the 2007 Chevrolet Van in a careless, reckless manner as follows: a. In failing to observe that a motor vehicle/tractor-trailer crash had occurred prior to his reaching that point of the roadway and that at least one of the vehicles involved in the crash was partially blocking the lane in which he was traveling. b. In failing to observe that a motor vehicle/tractor-trailer crash had occurred prior to his reaching that point of the roadway and that a person or persons had exited one of the vehicles involved in the crash and were standing behind a vehicle that was partially blocking his lane of travel. C. In failing to avoid striking the Plaintiff with his 2007 Chevrolet Van as the Plaintiff stood in the lane in which he was traveling, behind a vehicle that had been involved in a motor vehicle/tractor-trailer crash and was partially blocking his lane of travel. d. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential 9 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 hazards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA. Motor Vehicle Code. e. Driving at a speed in excess of the maximum posted speed limit in violation of Section 3362 of The PA. Motor Vehicle Code. Driving his motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The PA. Motor Vehicle Code. g. In failing to apply the brakes in time to avoid striking Plaintiff. h. In failing to operate the 2007 Chevrolet Van in accordance with existing traffic conditions and traffic controls. In failing to keep a reasonable look-out for other vehicles lawfully on the road. j. In operating the 2007 Chevrolet Van in a manner not consistent with the road and weather conditions prevailing at the time. WHEREFORE, Plaintiff, JOSEPH S. SPAGNOLO, III, demands judgment against Defendant, RICHARD M. BIGGS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, Date: April l , 2009 By: Tirr Attc 10 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO 406 Herman Avenue Lemoyne, PA 17043, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM O. FLORES 1503 Quinwood Street Hyattsville, MD 20783 -and- GILBERT & SONS, TRANSPORT, INC. 8917 South Cherry Lane Silver Spring, MD 20903 -and- JUNIOR'S TRANSPORTATION, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 -and- RICHARD M. BIGGS 945 South 30th Street Camp Hill, PA 17011 Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this ZU day of April, 2009, 1 hereby certify that I have served the foregoing Complaint on the following, in the manners indicated, and addressed as follows: 11 Shollenbe?ger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 Via Restricted Certified Mail - Return Receipt Requested WILLIAM O. FLORES 1503 Quinwood Street Hyattsville, MD 20783 Via Restricted Certified Mail - Return Receipt Requested GILBERT & SONS, TRANSPORT, INC. 8917 South Cherry Lane Silver Spring, MD 20903 Via Restricted Certified Mail - Return Receipt Requested JUNIOR'S TRANSPORTATION, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 Via Sheriff Service RICHARD M. BIGGS 945 South 30th Street Camp Hill, PA 17011 E 12 Shollenberger & Januzzf, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHOLLENBERGER & JANUZZI, LLP 0 /tt ,,1 (1 t!'p ?'rl Sy e 78.5o Po A`rf C? tg04a pT* as,qa Sheriffs Office of Cumberland County R Thomas Kline fi 4 w of clnrlbrffEdward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFrrCH ` --F -EP'rFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/29/2009 12:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 29, 2009 at 1210 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard M. Biggs, by making known unto Richard M. Biggs personally at 945 South 30th Street, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing tc him personally the said true and correct copy of the same. SHERIFF COST: $41.92 SO ANSWERS, April 30, 2009 2009-2582 Joseph Spagnolo v Richard Biggs R THOMAS KLINE, SHERIFF Depu Serif N o n 77- T C -? -r i JOHNSON, DUFFLE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant Biggs Joseph S. Spagnolo, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2582 Civil Term WILLIAM O. FLORES, CIVIL ACTION - LAW GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Richard M. Biggs only in the above-captioned matter. Respectfully submitted, DUFFIE, STEWART & WEIDNER ft Date: June 1, 2009 Je rson J. Shipman,' Esquire Attrney I.D. No. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Biggs CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 1, 2009: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiffs William O. Flores 1503 Quinwood Street Hyattsville, MD 20783 Gilbert & Sons Transport, Inc. 8917 South Cherry Lane Silver Spring, MD 20903 Junior's Transportation, Inc. 8917 South Cherry Lane Upper Marlboro, MD 20774 JOHNSON, DUFFIE, STEWART & WEIDNER A t RY F T HC ; z DI, rN JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Biggs I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iistialidsw.com JOSEPH S. SPAGNOLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2582 Civil Term WILLIAM O. FLORES, CIVIL ACTION - LAW GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a Writ of Summons to Join Additional Defendant in the above captioned matter against: Theresa M. Keck 122 Herman Avenue Lemoyne, Cumberland County, PA 17043 Respectfully submitted, DUFFIE, STEWART & WEIDNER Je eraWn J. Shipman! Esquire A orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June 3, 2009 Attorneys for Defendant Biggs CS RLED-OFFICE OF THE M1 F OTA i) 2H9 JUN -4 PM 2.4 4 PENNSAMA JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Biggs I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCci2idsw.com JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants V. THERESA M. KECK, Additional Defendant NO. 09-2582 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT TO JOIN ADDITIONAL DEFENDANT TO: Theresa M. Keck 122 Herman Avenue Lemoyne, PA 17043 You are notified that Defendant Richard W. Biggs has joined you as an Additional Defendant in this action, which you are required to defend. Date: ln?y 409 By IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10- A-'0.56i -.0 rothonQta elfic ivil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Writ to Join Additional Defendant has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 3, 2009: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiffs William O. Flores 1503 Quinwood Street Hyattsville, MD 20783 Gilbert & Sons Transport, Inc. 8917 South Cherry Lane Silver Spring, MD 20903 Junior's Transportation, Inc. 8917 South Cherry Lane Upper Marlboro, MD 20774 JOHNSON, DUFFIE, STEWART & WEIDNER 4Jieffe . S hipman, Esq ire Sheriffs Office of Cumberland County R Thomas Kline 4011r 4( cumbrrta! Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE 'HE =ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 07:00 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1900 hours, he served a true copy of the within Writ to Join Additional Defendan , upon the within named defendant, to wit: Theresa M. Keck, by making known unto herself personally, de endant at 122 Herman Avenue Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.74 SO ANSWERS, June 09, 2009 2009-2582 Joseph Spagnolo V Theresa Keck R THOMAS KLINE, uty Sheriff I FILED -,Y'r* (C]F OF TN-E: pn,-' idOJ?Y 2009 JUN I I PSI Z' 0 4 VdLMPE,i-.,,1:_1'A 4 Vyt?is l 4 ? PEW,4v3YL,Vn ?IIA f. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs c@jdsw.com JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants NOTICE TO PLEAD CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Joseph S. Spagnolo and his counsel, TO: William O. Flores Timothy Shollenberger, Esquire TO: Gilbert & Sons Transport, Inc. Shollenberger & Januzzi, LLP TO: Junior's Transportation, Inc. 2225 Millennium Way Enola, PA 17025 YOU ARE REQUIRED to plead to the within Answer with New Matter and Cross-claim within 20 days of service hereof or a default judgment may be entered against you. JOHN?UFFIE, STEWART & WEIDNER Date: June 11, 2009 By: Attorneys for Defendant Biggs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 Civil Term Jerson J. Shipman, Esquire rney I.D. No. 51785 Attorneys for Defendant Biggs JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: hs@jdsw.com JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants Attorneys for Defendant Biggs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 Civil Terra CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Defendant, Richard M. Biggs, by and through his counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart, and Weidner and files the following Answer with New Matter and Cross-claim to Plaintiffs Complaint: FACTS 1. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 1 and the same are therefore denied. 2. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 2 and the same are therefore denied. 3. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 3 and the same are therefore denied. 4. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 4 and the same are therefore denied. 5. Admitted. 6. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 5 and the same are therefore denied. 7. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 7 and the same are therefore denied. 8. Admitted. 9. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 9 and the same are therefore denied. 10. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 and the same are therefore denied. 11. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 11 and the same are therefore denied. 12. Admitted. 2 13. Admitted in part; denied in part. It is admitted that the Keck vehicle was traveling west. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 13 and the same are therefore denied. 14. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 and the same are therefore denied. 15. Admitted. 16. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 16 and the same are therefore denied. 17. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 17 and the same are therefore denied. 18. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 18 and the same are therefore denied. 19. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 19 and the same are therefore denied. 20. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 20 and the same are therefore denied. 3 21. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 21 and the same are therefore denied. 22. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 22 and the same are therefore denied. 23. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 23 and the same are therefore denied. 24. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 24 and the same are therefore denied. 25. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 25 and the same are therefore denied. 26. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 26 and the same are therefore denied. 27. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 27 and the same are therefore denied. 28. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 28 and the same are therefore denied. 4 29. Denied. After reasonable investigation, Mr. Biggs is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 29 and the same are therefore denied. COUNTI JOSEPH S. SPAGNOLO, III v. GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION. INC. and WILLIAM O. FLORES 30. Defendant Biggs incorporates herein by reference his answers to paragraph numbers 1 through 29 above as though fully set forth herein at length. 31. The averments contained in paragraph number 31 are directed to other parties and accordingly no response is required by Mr. Biggs. WHEREFORE, the Defendant Richard M. Biggs respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT 11 JOSEPH S. SPAGNOLO. 111 v. RICHARD M. BIGGS 32. Defendant Biggs incorporates herein by reference his answers to paragraph numbers 1 through 31 above as though fully set forth herein at length. 33. Denied. The averments contained paragraph number 33 and subparagraphs a. through j. 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. a. Denied. It is specifically denied that Mr. Biggs was negligent in allegedly failing to observe that a motor vehicle/tractor-trailer crash had occurred prior to his reaching that point of the roadway and that at least one of the vehicles involved in the crash was partially blocking the lane in which he was traveling; b. Denied. It is specifically denied that Mr. Biggs was negligent in allegedly failing to observe that a motor vehicle/tractor-trailer crash had occurred prior to his reaching that point of the roadway and that a person or 5 persons had exited one of the vehicles involved in the crash and were standing behind a vehicle that was partially blocking his lane of travel; C. Denied. It is specifically denied that Mr. Biggs was negligent in allegedly failing to avoid striking the Plaintiff with his 2007 Chevrolet van as the Plaintiff stood in the lane in which he was traveling, behind a vehicle that had been involved in a motor vehicle/tractor-trailer crash and was partially blocking his lane of travel; d. Denied. It is specifically denied that Mr. Biggs drove at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead. It is also specifically denied that Mr. Biggs violated any sections of the Pennsylvania Motor Vehicle Code including Section 3361; e. Denied. It is specifically denied that Mr. Biggs was driving at a speed in excess of the maximum posted speed limit in violation of Section 3362 of the Pennsylvania Motor Vehicle Code; f. Denied. It is specifically denied that Mr. Biggs drove his motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of the Pennsylvania Motor Vehicle Code; g. Denied. It is specifically denied that Mr. Biggs was negligent in allegedly failing to apply the brakes in time to avoid striking Plaintiff; h. Denied. It is specifically denied that Mr. Biggs was negligent in allegedly failing to operate the 2007 Chevrolet van in accordance with existing traffic condition and traffic controls; Denied. It is specifically denied that Mr. Biggs was negligent in allegedly failing to keep a reasonable look-out for other vehicles lawfully on the road; and Denied. It is specifically denied that Mr. Biggs operated the 2007 Chevrolet van in a manner not consistent with the road and weather conditions prevailing at the time. WHEREFORE, the Defendant Richard M. Biggs respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. 6 NEW MATTER 34. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option; 35. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act and by the Plaintiffs own comparative negligence. 36. That the Plaintiffs comparative negligence including the following: (a) failing to keep a reasonable lookout for traffic lawfully on the roadway; (b) failing to keep a reasonable lookout for traffic lawfully on the roadway and exiting his vehicle; (c) failing to keep a reasonable lookout for traffic lawfully on the roadway, exiting his vehicle, and stepping or moving into traffic and the Biggs' vehicle; (d) failing to keep a reasonable lookout for traffic lawfully on the roadway, exiting his vehicle, and failing to avoid being struck by traffic and by the Biggs' vehicle; (e) failing to make a reasonable warning of his presence while at night and in adverse weather conditions; (f) failing to yield the right-of-way to the Biggs' vehicle in violation of 75 Pa.C.S.A. § 3544; and (g) walking onto a limited access roadway while being under the influence of alcohol or a controlled substance to a degree which rendered him a hazard in violation of 75 Pa.C.S.A. § 3550. 37. That the Plaintiffs alleged cause of action may be barred in whole or in part by his assumption of the risk. 38. That if it should be found that there was any negligence on the part of Mr. Biggs, which is denied, then in that event, any such negligence was not a proximate cause nor factual cause of the accident and of Plaintiffs alleged harm. 7 T 39. That the Plaintiffs alleged cause of action may have been caused by third parties or entities not presently involved in this action. 40. That the Plaintiffs alleged injury may have been caused by an intervening, superseding cause. 41. That the Plaintiff himself was contributorily negligent. 42. That the Plaintiffs own contributory negligence was a substantial factor or factual cause of his own injuries. WHEREFORE, the Defendant Richard M. Biggs respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA. R.C.P. 1031.1 RICHARD M. BIGGS v. WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC. and JUNIOR'S TRANSPORTATION, INC 43. That the Defendants William O. Flores, Gilbert & Sons Transport, Inc., and Junior's Transportation, Inc. are solely liable on the underlying cause of action as asserted in Plaintiffs Complaint. 44. That Defendants William O. Flores, Gilbert & Sons Transport, Inc., and Junior's Transportation, Inc. may be liable to or with cross-claimant Biggs on any cause of action alleged by Plaintiff arising out the accident in question. 45. That Defendants William O. Flores, Gilbert & Sons Transport, Inc., and Junior's Transportation, Inc. may be liable to or with cross-claimant Biggs for contribution and/or indemnification. 8 WHEREFORE, the Defendant Richard M. Biggs respectfully requests that judgment be entered in his favor and against all other parties. Respectfully submitted, JOH N, DUFFIE, STEWART & WEIIDNER B: eff Fson J. Shipman, E uire ttorney I.D. No. 51785 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Defendant Biggs Date: June 11, 2009 9 VERIFICATION I, Richard M. Biggs, have read the foregoing Answer with New Matter and Cross-claim, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. 6&44 /?i? Richard M. Biggs Date: 6*0_ 367818 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter and Cross-claim has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 11, 2009: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiffs William O. Flores 1503 Quinwood Street Hyattsville, MD 20783 Gilbert & Sons Transport, Inc. 1041 Ruatan Street Silver Spring, MD 20903 Junior's Transportation, Inc. 8917 South Cherry Lane Upper Marlboro, MD 20774 JOHNSON, DUFFIE, STEWART & WEIIDNER L " , 444 ew- I . - Jeff Iof hipman, Esquire FILED--Cl'`F vE OF THE 2009 SjN' 12 FM 2: 13 0 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLA*rrw `A t4SWER Tfl DEFENDANT, R'IG}iA6,*K'#3t66S? 'MATTER AND NOW, COMES THE PLAINTIFF, JOSEPH SPAGNOLO, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and, files this Reply to New Matter of DEFENDANT, RICHARD M. BIGGS, and, in support thereof, respectfully represents the following: 33. Paragraphs 1 through 33 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 34. 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). 35. 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). 36. (a) It is specifically denied that Plaintiff failed to keep a reasonable lookout for traffic lawfully on the roadway; (b) It is specifically denied that Plaintiff failed to keep a reasonable lookout for traffic lawfully on the roadway and exiting his vehicle; (c) It is specifically denied that Plaintiff failed to keep a reasonable lookout for traffic lawfully on the roadway, exiting his vehicle and stepping or moving into traffic and the Biggs' vehicle; (d) It is specifically denied that Plaintiff failed to keep a reasonable lookout for traffic lawfully on the roadway, exiting his vehicle and failing to avoid being struck by traffic and by the Biggs' vehicle; (e) It is specifically denied that Plaintiff failed to make a reasonable warning of his presence while at night and in adverse weather conditions; (f) It is specifically denied that Plaintiff failed to yield the right-of- way to the Biggs' vehicle in violation of 75 Pa.C.S.A. § 3544; and (g) It is specifically denied that Plaintiff walked onto a limited access roadway while being under the influence of alcohol or a controlled substance to a degree which rendered him a 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 hazard in violation of 75 Pa.C.S.A. § 3550. 37. 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). 38. 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). 39. 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). 40. 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). 41. 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). 42. 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 Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. 3 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 43. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. 44. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. 45. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. Respectfully submitted, SHOLLENBERGER & JANUZZI. LLP Date: X -(6 .07 4 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 Adam T. Wolfe, Esquire Attorney I.D. #201057 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2582 WILLIAM O. FLORES, CIVIL ACTION - LAW GILBERT & SONS, TRANSPORT, JURY TRIAL DEMANDED INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants oo., k' - F AND NOW, this VNay of June, 2009, 1 hereby certify that I have served the foregoing Plaintiffs Answer to Defendant, Richard M. Biggs' New Matter on the following, via U.S. Mail: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 William O. Flores 1503 Quinwood Street Hyattsville, MD 20783 Gilbert & Sons, Transport, INC. 8917 South Cherry Lane Silver Spring, MD 20903 Juniors Transportation, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 SH( By: 5 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 - I- , PPM OF THE . 2.09 Jv 19 Ph `iG: 37 CEO v?, "?? ? `? i=ti 7 _?'?lar? JOHNSON, DUFFIE, STEWART 8~ WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com JOSEPH S. SPAGNOLO, Plaintiff v. WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants NO. 09-2582 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for PIai.7tiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least Attorneys for Defendant Biggs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSQ , DUFFIE, STEWART & WEIDNER By: J fferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 M Telephone (717) 761-4540 Date: ! I ~ l a q Attorneys for Defendant Biggs CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Document has been duly served upon the following, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on ~ ~)) Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiffs William O. Flores 1503 Quinwood Street Hyattsville, MD 20783 Gilbert & Sons Transport, Inc. 1041 Ruatan Street Silver Spring, MD 20903 Junior's Transportation, Inc. 8917 South Cherry Lane Upper Marlboro, MD 20774 JOHNSON, DUFFIE, STEWART & WEIDNER 13y ~~', jlL y~~~ Je rson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART $c WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjst~jdsw.com JOSEPH S. SPAGNOLO, Plaintiff v. WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants Attorneys for Defendant Biggs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve one(1) subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHN ,DUFFIE, STE~"'7~'& WEIDNER '~d'h-- By: Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: (,~l ! J ~ Q Attorneys for Defendant Biggs CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Document has been duly served upon the following, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on ~ 1-T-.I Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plainfiffs William O. Flores 1503 Quinwood Street Hyattsville, MD 20783 Gilbert & Sons Transport, Inc. 8917 South Cherry Lane Silver Spring, MD 20903 Junior's Transportation, Inc. 8917 South Cherry Lane Upper Marlboro, MD 20774 JOHNSON, DUFFIE, STEWART & WEIDNER ~-tk~1.. By Jeff son J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Joseph S. Spagnolo, vs. Plaintiff File No. 09-2582 William O. Flores, Gilbert & Sons Transport, Inc., Junior's Transportation, Inc., Richard M. Biggs, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOS/ERY PURSUANT TO RIJI_F_ 4009.22 T v: Lower Alien i'ownship Police DeGartmert (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the police report and all investigative materials and photographs regarding Incident No. 20090300736 including records reports and photographs of the Cumberland County Accident Reconstruction Team at Johnson, Duffie, Stewart~& Weidner, 301 Market Street P.O Box 109 Lemoyne PA 17043. 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: of onota c, Ci ~ Division Deputy DATE: ~~ ~_ Seal oft e Court (Eff. 7/97) .~, ,;(~~ ~ r.. r ..~ E ti~1 ' 4.~r S S ir; Joseph S. Spagnolo, COURT OF COMMON :PLEAS Plaintiff CUMBERLAND CTY., PENNSYLVANIA v No. 09-2582 William O. Flores; Gilbert & Sons CIVIL ACTION -LAW Transport, Inc.; Junior's Transportation, Inc.; and Richard M. Biggs, JURY TRIAL DEMANDED Defendants v. Theresa M. Keck, Additional Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of Defendants William O. Flores and Gilbert & Sons Transport, Inc., with respect to the above-referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ~ II3~u~ By. TIMOT J. M AH , ESQUIlZE I.D. No. 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants William O. Flores and Gilbert & Sons Transport, Inc. CERTIFICATE OF SERVICE I, Cindy Sowers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~~J day of August, 2009, I served a copy of the foregoing Entry of Appearance via First Class United States mail, postage prepaid, as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 Attorney for Plaintiff Junior's Transportation, Inc. 8917 S. Cherry Lane Upper Marlboro, MD 20774 Pro se Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Richard M. Biggs Theresa Keck 122 Herman Avenue Lemoyne, PA 17043 Pro se C~ Cindy S ers ~~~~~ ~~}~ 1~ AUG ! 4 P~ ~_ ~ ! P~~iII~JANiA SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Hu~rnevs i~r riaintm JOSEPH S. SPAGNOLO, Plaintiff v. WILLIAM O. FLORES, GILBERT & SONS. TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION -LAW' JURY TRIAL DEMANIDED THERESA M. KECK, Additional Defendant PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION FOR LEAVE TO TAKE THE DEPOSITION OF DEFENDANT, WILLIAM O. FLORES, PURSUANT TO PA. R.C.P. 4007.2(bJ~ TO THE PROTHONOTARY: Please WITHDRAW Plaintiff's Motion for Leave to Take the Deposition of Defendant, William O. Flores, Pursuant to Pa. R.C.P. 4007.2(b). Dated: August 13, 2009 Respectfully submittedl, SHOLL~~BERGER & JANUZZI, LLP Attornev for Plaintiff By: l Timc~th'~ A. Shollenberger, Esquire Attorney I.D. #34343 Adam T. Wolfe, Esquire Attorney I.D. #201057 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 r~uuiiiCys iui riainuii JOSEPH S. SPAGNOLO, Plaintiff v. WILLIAM O. FLORES, GILBERT & SONS; TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION -LAW' JURY TRIAL DEMANDED THERESA M. KECK, Additional Defendant CERTIFICATE OF SERVICE AND NOW, this 13th day of August, 2009, I hereby certify that I have served the foregoing Praecipe to Withdraw Plaintiff's Motion for Leave to C-epose Defendant William O. Flores, on the following, via U.S. Mail: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 For Defendant Richard M. Biggs Curtis C. Johnston, Esquire Forty Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Additional Defendant Theresa M. Keck 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone:717-728-3200 Fax:717-728-3400 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Gogc~in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 For Defendants William O. Flores and Gilbert & Sons Transport, Inc. Juniors Transportation, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 SHOLLEN RGER ~. JANUZZI, LLP By: A ~ .Wolfe, Esq. Attorney ID#2010~i7 3 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone:717-728-3200 Fax:717-728-3400 FlLEC~~~~i~F ~iF Ti-lc F~~'rH~~;F~TI~aY 2C~~ BUG 17 Pig t; ~ C 8 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff v. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants ~F ,E-r~u~ 2010 J~3td -$ Pr'~l 4- ~g C F r,_~~~~~.;,,~, ~ ~~,~ ~, ,~,-, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a Notice of Intent to serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) no objection to the Subpoena has been received, and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Date: rney I.D. # 34343 2 1'It.1I 1.;I,'~E~1..i~{..J1:.I\ L~ a~l1~I ~7.L1, I I,I~ ~['~la.°I~I~c>tit? \ur}tlj~r: (e 1 I} 7~IS_.+~'(,)t) I~~~~:~tst}}hit-: # i?} izli-;~It){} :ltictr~tt-y~ f+~r I'Isiil.tif'1' 1'f~ir~tif`T` ~. t;l( I.~i !~'.' .', tit?'~~.7'12~~:~;;#'t:)itl.I'~'{; a~til I~IC'Ii-il~i.) li a3ltiti``~. i)~•fencl4tr~t:; -, , `;~ NOTICE OF INTENT TG SERVE A SUBPC7ENA TU PRC}dUCE E3C3ClJMENTS ANCI THINGS 1=1`7R aISCQVERY PURSUANfi TC7 RULE 4Q(19.21 ~'<~: ~.«~~e~~',~llcn `~"o~-nxl~~h l~nlite I~e~~.E~-tlt~e~~~ l ~J<13 I~tNn~~~nc ~1~°exuyt= RIaintiff. Jr~seph S. ~agnalo, intends to serve ~ sub~aena identivai to the ane tha# is ~t#ached to this native. Ya~r have tinrenty (2t~} days fram the date listed bela~nr in ~.vhivh #a file of revard end serve u~an the undersigned ~n a#~jevtian to tF}~ sulapoen~a. if na al~jevtian is made the sul~paene rr}ay be served. date; =~~~...__ '~ i~~nathy A. 5h~...~, nberger, Esq, .~s Attarney~ far l~I~intiffs :~Iit)1_I.l::\I3(::~(:rl.~I~'.c~:.~~~;t I/I.1.L,1> (.:l~.fri.r:,=~t? '~~rz<tt3t~t-: t7] ;') . ~';~ ?l`fJ I~a,~ ;~trrt~t,c.t: ~ ;°! ~r;i 7~;s- ~~(l(3 :~ttzrrt?e~`S fc~r.E'l;rftztif~T` {'ariirtf'1` v. (::;11.13 i : CZ [ ~~ ti ('~'ti 5. `I l~ ~ ti ~ E't:) k 1'. i ~ t:' .it'',ti3t:jl~,~ 1 iZ1:~~1~~~c~~r,~ rlt3~ 1'~1(:.x. affil (~1{'11:'~E~1:7 '',9. }31t:i(";ti, J:~efcr~ilarrt t- t:1~'lfl:}il. ~1?vl) {:'(>t.,~, i'r', 1'{ lti~';~`I.l'1';1 1 ~(}. (j<?-'jar ( i;12I IIj'If:'~~:"['~ (~>~~ Gila:,IZi'[C': • - __ _ - _. 1 :r~:rc1 ~~ Lerial~ tJsat c~sr tJ~te I~~~ - ~ , ~1a ~ ~ t10~_. 1 scrr°c ti tt t°i~}~} cif- t}re f„rz~~ ~rr:~~ ~c>tice ~rf Intent t~- ~t~r~e i Stxijiita4irFt, i7~ <3epc~,itirt,~ t17c ti;:i:rar• irs ilia I`.`i.."41}iJ. -', jn~°1a ss;J, ;?4t(rc~5~;t;~;1 i~r tlrt fc~lli~ttists~ ~~ti~;rsc?tt.l, tiJrrJ~n,.s~:, ( ~~ ui ,J~rl7r~~tarr, IJuf'li~, ti ~l~~s;s ,~~ 'it;'~icfrr~~r ('urtis (:, .1<~frsr4t~~rr, L-,cltirir (~{:~rr~ t.tlirr.,~r =t() C'a'rtrrl tits: i~exdisst~.1'~'~ i~?fi(t I ir~rcrtlxti .1 ~, Rfi,,iirart, 1<scJt€irc: 1t,tr~shalJ, [)~r7rrel~ ~,, t; ::ESier. C:c~lcrsr~;rr t~: Cira<,~,~,rx ~l'.{)t) C:"rrsirr~ '~1i1 1~,:,~al; tirsii~: %3 •_... 11<rrr i~:l~urt . }=',~ 1 = ! i -:1(<iiI 1~~41~c~ctt`uJJ~ ~n1~r7r~iteil. tiilc:)iW ... ` 'R(il:Ji t~ Ir~',~t; .Il. i~i,}a ,,.,..,, __ . _ . '1~i lFry txrllr: •r~~~r, ! ~E1>rrre~~ ~ ___. F,`1 iI) :'fin, , l.i~t: Ct~2v~v1GN~'la~LTH OF ~'E?v`i~?S'~I.~IA;LA. CCCIUN}'Y CIA C.'UTv~31RIaA7~~ Joseph S. Spagnr~la, E'Eaintiff w. Filr.?~ta, Ut3-~58 William {J. F=Eores, Gilbert & 5vns, ~'ransport, Enc.= Junior's Yrat-~sportatiort, Enc. sand }Zichard 'v1. Bugs, Defendants SL'BPOEI`~IA Tt3 1~R.~3Z}UGE AC}C~.JI~'ENTS C?~t TIiI1~GS ~'4R AISCQ3~RY PURSUANT Tf3 RULE 4009.22 TC?:.__Lc~w~r ,'~ilen T~~;rtsh . a .rn~~ i~iiE, PA carne afPcrsan ar Entity) V4'ithix~ twenty {2{l} days after sarvicc of this subpoena, you arc ordered iay the court to produce the fa}}awing dacumerrts ar things. A cer in bath their ri -~ ~ „ " digital exchan file} file fvrrr~at type of all "computer aided drafting" (CAC7~ computer fifes created that incorporate the Tota( Station data collected ire reference to the investigaticin °~~i°"T~ic+c`Sen~~"Nc~. an o. 0080300753 that occurred on March 1~i, 2008. at ~ ' ,~--~~`-,'--~---"-TT+l~=r~t"r~ ~ E nova , Pty (Address) } 7025 You may deliver ar mail }cgiblc copies of the documents or produce things requested by this subpaeua, together with the certi6c~atc of cau~stiar~e, to the party rrrakng this request at the address }istcd above. Yau have the right is seek in advance the reasonable cast of preparing the copies ox producalg the things saug}zt. If you fai} to produce the documents ar things required by than subpoena within twcncy (20j days after its service, the party serving this subpoena tray scelr a court ordcx camps}}irzg you to comply with it. THI.~; St.1IiI'C}E]v~ WAS 1~SUFT~ ,AT THE REQUEST C1F~ THE 1~OLI,Q"V4%l~~iG PERSQN: ~~: Tirnot~ A. ShoElenber~er, Fsr{uire ADDRESS: 2275 Millennium Way ~.nola, rA 17025 TF`L.1~PHtJiv'E; Z 1 ? --7 7 £~- ~ 7_Q 4 __.,__ St1PREt Ct7URT ~ # ~ ~ ~ ~, ~ _ ATTOR*Y F©}~: ~x~ .--S--,r-~+~ , P l a i n t i ff ff BY THE CULI`R'T`: Prathonatary, ~iui} Division Dau: 'Seal of the C.aurt 17eputy SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717} 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants NO. 09-2582 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this ~ ~ day of January, 2010, I hereby certify that a copy of the foregoing Certificate Prerequisite has been served upon the following, via First-Class Mail: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Curtis C. Johnston, Esquire Forty Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 SHOLLENBERGER & JANUZZI, LLP By: Ti . Sh en rge , s . A orney ID#34343 3 6 JAN 2 ~ ~2010~ JOSEPH S. SPAGNOLO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-2582 WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. CIVIL ACTION -LAW JUNIOR'S TRANSPORTATION, INC. JURY TRIAL DEMANDED and RICHARD M. BIGGS, Defendants ORDER AND NOW, this -~ day of , 2010, upon consideration of the within Motion for Alternative Service, and good cause appearing therefore, it is hereby ORDERED that the Motion is granted. The Following notice shall be sent to the Defendant's last known address via regular mail and certified mail return receipt requested, and shall be published once in the Cumberland Law Journal and once in the daily editions of the Sentinel. JOSEPH S. SPAGNOLO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-2582 WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. CIVIL ACTION -LAW JUNIOR'S TRANSPORTATION, INC. JURY TRIAL DEMANDED and RICHARD M. BIGGS, Defendants TO: GILBERT & SONS, TRANSPORT, INC. You are notified that the Plaintiff, Joseph S. Spagnolo, has commenced a civil action against you entered to No. 090201286 in the Court of Common Pleas of 7 SHOLLENBERGER & JANU2ZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 234-3700 !FAX (717) 234212 www.sholljanlaw.com Cumberland County, Pennsylvania, which you are required to defend. ATTORNEY FOR PLAINTIFFS: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL AND INFORMATION SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 e6, y ~.~: t~.c i/~8~id 1~ 8 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 !HARRISBURG, PA 17106-0545 (717) 234-3700 !FAX (717) 234.8212 www.sholljanlaw.com ~- ~.. . ~ ~I L.~ ~', ~~, ,._~ ~; -, I r :~w_ 'tom ~- r =; .~ BY THE COURT: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH S. SPAGNOLO, Plaintiff v. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants v. THERESA M. KECK, Additional Defendant NO. 09-2582 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT AGAINST. GILBERT & SONS, TRANSPORT, IN'C. ONLY To the Cumberland County Prothonotary: Please reinstate the Complaint against Defendant Gilbert & Sons, Transport, Inc., ONLY. Respectfully submitted, SHOLLE~V~ERGER & JANUZZI, LLP Attorne for Plaintiff By: FiLED"'~I-"'Ir ~ !JF T4-Ic p~Q~t-?tTARY 1010 MAR -4 AM i0~ 27 cur~~~~-~~~, ~~ ~~~~;uNrr PtN~LSYLV~'~~' Timms A. Shollenberger, Esquire Attorney I.D. #34343 Adam T. Wolfe, Esquire Attorney I.D. #201057 Dated: ~ I '~ ~`/O. DD ~t d.._ R eK~ ~~4ry~ i SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 . •~r rlu~incys iii riannni JOSEPH S. SPAGNOLO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, NO. 09-2582 INC. and RICHARD M. BIGGS, Defendants v. CIVIL ACTION -LAW THERESA M. KECK, JURY TRIAL DEMANDED Additional Defendant CERTIFICATE OF SERVICE AND NOW, this `day of March, 2010, I hereby certify that I have served the foregoing Praecipe to Reinstate Complaint Against Gilbert & Sons, Transport, Inc., only, on the following, via U.S. Mail: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Curtis C. Johnston, Esquire Forty Ullman P. O. Box 542 Reading, PA 196 SHOL BERGER & JANUZZI, LLP By: T. olfe, Esq. torney ID#201057 2 Shol/enberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax:717-728-3400 CURTIS C. JOHNSTON, ESQUIRE Attornyv ID #64059 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 i FAX 610.777-2499 JOSEPH S. SPAGNOLO, Plaintiff V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM O. FLORES, GILBERT & SONS, TF.ANSPORT, INC., JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants Attorney.for Defendant CIVIL ACTION - LAW NO. 09-2582 JURY TRIAL DEMANDED V. 0 C7 __. C'? L.) THERESA M. KECK, f Additional Defendant Fn WITHDRAWAL OF APPEARANCE ? ;- -' TO THE PROTHONOTARY OF CUMBERLAND COUNTY: { Kindly withdraw my appearance for Defendant Theresa M. Keck in the above-captioned matter. FORRY ULLMAN Dated: By; CURTIS C. J NSTON, ESQUIRE RANDY T. BURCH, ESQUIRE Attorney ID 459567 FORRY ULLMAN 540 Court Street P.O. Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777-2499 Attorneys for Defendant JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2582 JURY TRIAL DEMANDED V. THERESA M. KECK , Additional Defendant ENTRY OF APPEARANCE r =? TO THE PROTHONOTARYOF CUMERLAND COUNTY: r Kindly enter my appearance for Defendant Theresa M. Keck in the above case and designate 540 Court Street, P.O. Box 542, Reading, Pennsylvania 19603, as the place where notices and papers other than original process may be served. FORRY ULLMAN Dated: 09/15/10 By: r RANDY. BURCH, ESQUIRE Attorney for Defendant Theresa M. Keck JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, :Defendants V. THERESA M. KECK, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2582 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 0 C U ` 5> C c_- -v CSC -'C? v 1 Q -i7 I, Randy T. Burch, Esquire, hereby certify that on September 15, 2010, the foregoing Withdrawal of Appearance of Attorney Curtis C. Johnston, and my Entry of Appearance on behalf of Defendant Theresa M. Keck, was served upon the parties' counsel of record and upon the unrepresented parties, via United States First Class Mail, postage prepaid, addressed as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Juniors Transportation, INC. 8917 South Cherry Lane Upper Marlboro, MD 20774 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. FORRY ULLMAN Date: 09/15/10 By: RANDY T. BURCH, ESQUIRE Attorney for Defendant Theresa M. Keck SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant FILED-OFFICE OF THE PROTHONOTARY 2011 MAR 30 AM 11: 40 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this Zrday of March, 2011, 1 hereby certify that a copy of the foregoing Interrogatories have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 SHOLLEN RGER & JANUZZI, LLP By: r Id T othy A. Shollenberger, Esq. Attorney ID#34343 31 A/_ SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant 2911 MAR 3Q APB I 1 : 4 1 CUMBERLAND COUNTY PENNSYLVANIA tit= Tt E PRO THONO A Py IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this z`/'*day of March, 2011, 1 hereby certify that a copy of the foregoing Interrogatories have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 S Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 ERGER & JANUZZI, LLP By: I %u`l /f dati T f,Wo Lam, e Timothy A. Shollenberger, Est Attorney ID#34343 31 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 1 FAX (717) 728-3400 FILED-OFFICE OF THE PROTHONOTARY SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant 2011 MAR 30 AM 11: 41 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this Zeday of March, 2011, 1 hereby certify that a copy of the foregoing Interrogatories have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 SHOLLENgRGER & JANUZZI, LLP By: t(qM Vvd 1^r? Tinkthy A. Shollenberger, Esq. Attorney ID#34343 31 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant FILEO-OFFICE OF THE PROTHONOTARY 2011 MAR 30 AM 11: 40 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, thisZ?t"day of March, 2011, 1 hereby certify that a copy of the foregoing Interrogatories have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esq. Attorney ID#34343 31 e7 .V- SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant OF THE PROTHONOTARY 2011 MAR 30 AN 11: 4 0 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE' And now, this Z9'k"day of March, 2011, 1 hereby certify that a copy of the foregoing Request for Production of Documents have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 SHOLLEN,JERGER & JANUZZI, LLP By: `M i4dfr T Gld I-(e- Timothy A. Shollenberger, Esq. Attorney I D#34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant OF THE PROTHONOTARY 2011 MAR 30 AM 11: 40 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this Z97"day of March, 2011, 1 hereby certify that a copy of the foregoing Request for Production of Documents have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 SHOLLE ERGER & JANUZZI, LLP By: AdQ,`c? G?/oi is Timothy A. Shollenberger, Esq. Attorney ID#34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant OF THE PROTONOTARY 2011 MAR 30 AM 11: 40 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this ZY*day of March, 2011, 1 hereby certify that a copy of the foregoing Request for Production of Documents have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 SHOLLEN GER & JANUZZI, LLP By: T Gtl?h? es, Timothy A. Shollenberger, Es . Attorney ID#34343 1 C11 HOLLENBERGER & JANUZZI, LLP 2225 Millennium Way E:nola, PA 17025 l elephone Number: (717) 728-3200 Fax Number: (717) 728-3400 OF THE PROTHONOTARY 20? I MAR 30 A"11:40 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC. JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. 'THERESA M. KECK, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this Z`I"'day of March, 2011 1 hereby certify that a copy of the foregoing Request for Production of Documents have been served upon the following, via U.S. Certified Restricted Delivery Mail: Randy Burch, Esquire Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 SHOLLE RGER & JANUZZI, LLP By: E Timothy A. Shollenberger, q. Attorney ID#34343 V. M. Keck, additional Defendant. ILED-OFFI E i l c ,F' 2011 APR 25 PM 3: 3r) CUMBERLANO CCUi TY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA No. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE DONA D L. CARMELITE, ESQUIRE ID No: 4730 Marsha 1, Dennehey, Warner, Coleman & Goggin 4200 C ms Mill Road, Suite B Harrisb rg, PA 17112 (717) 6 1-3504 Joseph S. Spagnolo, Plaintiff V. Williarr. O. Flores; Gilbert & Sons Transp rt, Inc.; Junior's Transportation, Inc.; and Richard M. Biggs, Defendants TO THE PROTHONOTARY: Flores, DATE: y withdraw the appearance of the undersigned on behalf of Defendants, William O. & Sons Transport, Inc. and Junior's Transportation, Inc. , in connection with the case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ?? l1 BY: oa.- TiFdothyYMJMahon, E uire ID No: 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 ENTRY OF APPEARANCE enter the appearance of the undersigned as counsel on behalf of the Defendants, COLEMAd'C& COGGIN , WARNER, DATE: BY: 0. Flores, Gilbert & Sons Transport, Inc. and Junior's Transportation, Inc., in the above- case. DonaK. Carmelite, Esquire ID No: 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 CERTIFICATE OF SERVICE Sarah Kuhn, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby ertify that on this a 1 day of April, 2011, I served a copy of the foregoing via First Class United States mail, postage prepaid, as follows: Timothy A. Shollenberger, Esquire Shollen erger & Januzzi, LLP 2225 M Ilenium Way Enola, A 17025 Attorne for Plaintiff Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Richard M. Biggs Randy . Burch, Esquire Forry U lman 540 Court Street P.O. Bo 542 Readin , PA 19603 Sarah Kuhn 05/714882.1 FL It t SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number. (717) 728-3400 Attorneys for Plaintiff 2111 JUN 13 PM 12: °V l; JOSEPH S. SPAGNOLO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, NO. 09-2582 INC. and RICHARD M. BIGGS, Defendants V. CIVIL ACTION - LAW THERESA M. KECK, JURY TRIAL DEMANDED Additional Defendant CERTIFICATE OF SERVICE --fit AND NOW this day of June, 2011, 1 hereby certify that I have served the updated medical records from Eden Family Practice, Dr. Buffington, Lancaster General Hospital and Dr. Kort as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Don Carmalite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Curtis C. Johnston, Esquire Forry Ullman P. O. Box 542 Reading, PA 19603 4 ., Joseph S. Spagnolo, Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA William O. Flores; Gilbert & Sons Transport, Inc.; Junior's Transportation, Inc.; and Richard M. Biggs, Defendants V. Theresa M. Keck, Additional Defendant. No. 09-2582 CIVIL ACTION - LAW o JURY TRIAL DEMANDED ?rn A -< N > ? C7 is C? ?'T1 c « cam cn ? ANSWER WITH NEW MATTER AND NEW MATTER CROSS CLAIM PURSUANT TO PA. R.C.P. 1031.1 OF DEFENDANTS GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC. AND WILLIAM O. FLORES 1. Admitted in part, denied in part. It is admitted only that Plaintiff is who he says he is, all remaining allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Denied. It is specifically denied that Gilbert & Sons Transport, Inc. is an active corporation in the state of Maryland. By way of further response, Gilbert & Sons Transport, Inc. is a forfeited Maryland corporation as that term is defined by the state of Maryland. See Maryland Department of Assessment and Taxation, Tax Payer Services Division internet printout attached hereto as Exhibit A. 4. Denied as stated. By way of further response, Defendant Junior's Transportation, Inc. is a dissolved Maryland corporation as that term is defined by the state of Maryland. See Maryland Department of Assessment and Taxation, Tax Payer Services Division internet printout attached hereto as Exhibit B. 5. The averments set forth in this paragraph are directed to a Defendant other than Answering Defendants and as such, no responsive pleading is required. 6. Admitted in part, denied in part. It is admitted only that Defendant William O. Flores was an employee of Defendant Gilbert & Sons Transport, Inc. and was in the course and scope of his employment at the time of the accident giving rise to this litigation. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 7. Denied. The averments set forth in this paragraph are denied and strict proof thereof is demanded at the time of trial. 8. Denied. The averments set forth in this paragraph are denied in accordance to Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 9. Denied. The averments set forth in this paragraph are denied in accordance to Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 10. Admitted. 11. Admitted in part, denied in part. It is admitted only that William O. Flores was operating a 2002 freight liner tractor owned by Defendant Gilbert & Sons Transport, Inc. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 12. The averments set forth in this paragraph are directed to a Defendant other than Answering Defendant and as such, no responsive pleading is required. 13. Admitted upon information and belief. 14. Denied. The averments set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 15. Admitted upon information and belief. 2 16. Denied. The averments set forth in this paragraph are denied accordance to Pa. R.C.P. 1029(e). 17. Denied The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 18. Denied The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 19. After reasonable investigation and inquiry, Answering Defendants are without sufficient information to form the truth and belief of the veracity of the averments set forth in this paragraph and as such, said averments are denied in accordance with Pa. R.C.P. 1029(c). 20. After reasonable investigation and inquiry, Answering Defendants are without sufficient information to form the truth and belief of the veracity of the averments set forth in this paragraph and as such, said averments are denied in accordance with Pa. R.C.P. 1029(c). 21. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 22. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 23. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 3 24. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 25. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 26. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 27. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 28. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 29. Denied. The averments set forth in this paragraph constitute a conclusion of law to which no responsive pleading is required and as such, said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. COUNTI JOSEPH S. SPAGNOLO, III V. GILBERT & SONS TRANSPORT, INC.; JUNIOR'S TRANSPORTATION, INC. AND WILLIAM O. FLORES 30. Paragraphs 1 through 29 are incorporated hereby by reference as if fully set forth at length. 4 31. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, said averments are denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Defendants Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William O. Flores respectfully request judgment in their favor and against Plaintiff together with such other relief as this Court deems just and appropriate. COUNT II JOSEPH S. SPAGNOLO, III V. RICHARD M. BIGGS 32. Paragraphs 1 through 31 are incorporated hereby by reference as if fully set forth at length. 33. The averments set forth in this paragraph are directed to a Defendant other than Answering Defendants and as such, no responsive pleading is required. WHEREFORE, Defendants Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William O. Flores respectfully request judgment in their favor and against Plaintiff together with such other relief as this Court deems just and appropriate. NEW MATTER DIRECTED TO PLAINTIFF 34. Plaintiff has failed to state a cause of action against Defendant upon which relief can be granted. 35. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 36. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 37. Any and all injuries and or damages as described by Plaintiff in his Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 38. Plaintiffs claims are derivative in nature and are barred as a matter of law. 39. Defendant breached no duty of care owed to Plaintiff under the circumstances. 40. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 41. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 42. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 43. Plaintiffs claims are barred by the Sudden Emergency Doctrine. 44. Plaintiffs claims are barred by the doctrine of the Assumption of the Risk as further discovery will prove out. 45. Any and all injuries and damages as described by Plaintiff in his Complaint, the same being expressly denied, were caused in whole or in part by Theresa M. Keck's negligent driving and further driving while under the influence of alcohol. 46. Any and all injuries and damages as described by Plaintiff in his Complaint, the same being expressly denied, were caused in whole or in part by Richard M. Biggs' negligent driving. 47. Plaintiffs claims may be barred in whole or in part by Plaintiffs comparative negligence including the following: a. Failing to keep a reasonable lookout for traffic lawfully on the roadway; 6 b. Failing to keep a reasonable lookout for traffic lawfully on the roadway while exiting his vehicle; c. Failing to keep a reasonable lookout for traffic lawfully on the roadway while exiting his vehicle and stepping or moving into traffic; d. Failing to keep a reasonable lookout for traffic lawfully on the roadway and exiting his vehicle and failing to avoid being struck by traffic; e. Failing to make reasonable warning of his presence while at night and in adverse weather conditions; f. Failing to yield the right-of-way to a vehicle lawfully on the roadway in violation of 75 Pa. C.S.A. §35444; and g. Walking onto a limited access roadway while being under the influence of alcohol and/or controlled substances to a degree which rendered him a hazard in violation of 75 Pa. C.S.A. §3550. 48. Plaintiffs claims are barred in whole or in part by those defenses listed in Pa. R.C.P. 1030 as discovery may prove. WHEREFORE, Defendants Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William O. Flores respectfully request judgment in their favor and against Plaintiff together with such other relief as this Court deems just and appropriate. NEW MATTER CROSS CLAIM PURSUANT TO PA. R.C.P. 1031.1 DIRECTED TO DEFENDANT RICHARD M. BIGGS 49. Defendants, Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William 0. Flores, without adoption of all of the material well pled allegations of Plaintiffs Complaint as against Defendant Richard M. Biggs, are hereby incorporated without admission as if fully set forth at length herein. 7 50. In the event that allegations set forth in Plaintiffs Complaint are proven and there is a determination that Defendants Gilbert & Sons Transport, Inc. and/or Junior's Transportation, Inc. and/or William O. Flores are liable to Plaintiff for any injuries and/or damages alleged therein, all such injuries and/or damages being expressly denied, then Defendants Gilbert & Sons Transport, Inc. and/or Junior's Transportation, Inc. and/or William O. Flores aver that Plaintiffs injuries and/or damages were caused solely or in part as a result of the negligence and/or other liability producing acts and/or omissions on the part of Defendant, Richard M. Biggs and/or, Answering Defendants Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William 0. Flores are entitled to indemnity and/or contribution from Defendant Richard M. Biggs, and claims are made therefore. WHEREFORE, Defendants Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William O. Flores demand judgment in their favor and against Defendant Richard M. Biggs together with such other relief as this court deems just and appropriate. NEW MATTER CROSS CLAIM PURSUANT TO PA. R.C.P. 1031.1 DIRECTED TO DEFENDANT ADDITIONAL DEFENDANT THERESA M. KECK 51. Defendants, Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William 0. Flores, without adoption of all of the material well pled allegations of Plaintiffs Complaint as against Additional Defendant Theresa M. Keck, are hereby incorporated without admission as if fully set forth at length herein. 52. In the event that allegations set forth in Plaintiffs Complaint are proven and there is a determination that Defendants Gilbert & Sons Transport, Inc. and/or Junior's Transportation, Inc. and/or William O. Flores are liable to Plaintiff for any injuries and/or damages alleged therein, all such injuries and/or damages being expressly denied, then Defendants Gilbert & Sons Transport, Inc. and/or Junior's Transportation, Inc. and/or William O. Flores aver that Plaintiffs 8 CERTIFICATE OF SERVICE I, Sarah Kuhn, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do k hereby certify that on this day of June, 2011, I served a copy of the foregoing Answer with New Matter and New Matter Cross Claim via hand delivery, as follows: Timothy A. Shollenberger, Esquire Jefferson J. Shipman, Esquire Shollenberger & Januzzi, LLP Johnson, Duffle, Stewart & Weidner 2225 Millenium Way P.O. Box 109 Enola, PA 17025 Lemoyne, PA 17043 Attorney for Plaintiff Attorney for Defendant Richard M. Biggs Randy T. Burch, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 A," 0'Sarah Kuhn 05/579976.v I 10 injuries and/or damages were caused solely or in part as a result of the negligence and/or other liability producing acts and/or omissions on the part of Additional Defendant, Theresa M. Keck and/or, Answering Defendants Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William O. Flores are entitled to indemnity and/or contribution from Additional Defendant Theresa M. Keck, and claims are made therefore. WHEREFORE, Defendants Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William O. Flores demand judgment in their favor and against Additional Defendant Richard Theresa M. Keck together with such other relief as this court deems just and appropriate. Respectfully submitted, DATE: 6 Z I I I MARSHALL, DENNEHEY, WARNER, C0JLE *N & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants William O. Flores and Gilbert & Sons Transport, Inc. 9 VERIFICATION I, William Flores, hereby affirm that the following facts are correct: I am a Defendant in the foregoing action and am authorized to execute this Verification on my own. The attached Answer with New Matter and New Matter Cross Claim is based upon information which has been gathered by my Counsel in the defense of this lawsuit. The language of the Answer with New Matter and New Matter Cross Claim is that of Counsel and not of me. I have read the Answer with New Matter and New Matter Cross Claim and to the extent that the contents of the Answer with New Matter and New Matter Cross Claim are that of counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the objections and answers are that of Counsel, I have relied upon Counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid objections and answers are made subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to authorities. DATE: /211 I BY: 14,k, I IAM LORES 05/714836.v1 A Entity Detail Page 1 of 1 Maryland Department of Assessments and Taxation Taxpayer Services Division 301 West Preston Street W Baltimore, MD 21201 (2007 vw3.1) Main Menu I Security Interest Filings (UM I Business Entity Information (Charter/ Personal Property) New Search I Rate Stabilization Notices I Get Forms I Certificate of Status ( Image Availability SDAT Home Taxpayer Services Division Entity Name: GILBERT & SONS TRANSPORT, INC. Dept ID *:D06456412 General Information Amendments Personal Property Certificate of Status I Principal Office 1041 RUATAN ST. (Current): SILVER SPRING, MD 20903 Resident Agent GILBERTO A. ZELAYA (Current): 1041 RUATAN ST. SILVER SPRING, MD 20903 Status: FORFEITED Good Standing: No Business Code: Ordinary Business - Stock Date of Formation or 09/10/2001 Registration; State of Formation: MD Stock/Nonstock: Stock Close/Not Close: Close 'Ll IF I Link Definition General Information General information about this entity Amendments Original and subsequent documents filed Personal Property Personal Property Return Filing Information and Property Assessments Certificate of Status Get a Certificate of Good Standing for this entity http://sdatcert3.resiusa.org/lJCC-Charter/DisplayEntity_b.aspx?EntityID=DO6456412&En... 4/20/2011 T--- TJ ,entity Detail Page 1 of 1 Maryland Department of Assessments and Taxation Taxpayer Services Division 301 West Preston Street Baltimore, MD 21201 (2007 vw3.1) Main Menu I Security Interest Filings (UCC) I Business Entity Information (Charter/ Personal Property) New Search I Rate Stabilization Notices Get Forms Certificate of Status I Image Availability I SDAT Home Taxpayer Services Division Entity Name: JUNIOR'S TRANSPORTATION, INC. Dept ID #: D06396022 General Information Amendments Personal Property Certificate of Status I Principal Office 8917 SOUTH CHERRY LANE (Current): UPPER MARLBORO, MD 20774 Resident Agent RENE E. DIAZ (Current): 8917 SOUTH CHERRY LANE UPPER MARLBORO, MD 20774 Status: DISSOLVED Good Standing: No Business Code: Ordinary Business - Stock Date of Formation or 07/25/2001 Registration: State of Formation MD Stock/Nonstock: Stock Close/Not Close: Not Close n Link Definition General Information General information about this entity Amendments Original and subsequent documents filed Personal Property Personal Property Return Filing Information and Property Assessments Certificate of Status Get a Certificate of Good Standing for this entity http://sdatcert3.resiusa. orglUCC-CharterlDisplayEntity_b.aspx?EntityID=DO63 96022&En... 4/20/2011 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff FILED-OFFICE OF THE PROTHONOTAII 2411022 AM11=21 CU QENNSYLVAH'A TY JOSEPH S. SPAGNOLO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, NO. 09-2582 INC. and RICHARD M. BIGGS, Defendants V. CIVIL ACTION - LAW THERESA M. KECK, JURY TRIAL DEMANDED Additional Defendant CERTIFICATE OF SERVICE AND NOW this a©} day of June, 2011, 1 hereby certify that I have served the updated medical records from Geisinger Hospital and an updated lien statement from the Department of Public Welfare as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Don Carmalite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Curtis C. Johnston, Esquire Forry Ullman P. O. Box 542 Reading, PA 19603 SHOLLE By: Joseph S. Spagnolo, Plaintiff V. William O. Flores; Gilbert & Sons Transport, Inc.; Junior's Transportation, Inc.; and Richard M. Biggs, Defendants V. Theresa M. Keck, Additional Defendant. COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA No. 09-2582 CIVIL ACTION - LAW c JURY TRIAL DEMANDED zr M- r ? D rn - { q zo xs =_ his C) m { cry ANSWER OF DEFENDANTS WILLIAM O. FLORES GILBERT & SONS TRANSPORT, INC. AND JUNIOR'S TRANSPORTATION, INC TO ADDITIONAL DEFENDANT, THERESA M. KECK'S NEW MATTER CROSS CLAIM 14. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. By way of further response, Answering Defendants incorporate their Answer with New Matter Cross Claim as if fully set forth at length herein. 15. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. By way of further response, Exhibit A is a written document which speaks for itself and any averments inconsistent with the same are specifically denied. 16. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, said averments are denied and strict proof thereof is demanded at the time of trial. 17. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, said averments are denied and strict proof thereof is demanded at the time of trial. 18. Denied. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, as it pertains to Answering Defendants, it is specifically denied that Defendants William Flores, Gilbert & Sons, Inc. and Junior's Transportation, Inc. were negligent and strict proof thereof is demanded at the time of trial. 19. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, said averments are denied and strict proof thereof is demanded at the time of trial. 20. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, said averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants William O. Flores, Gilbert & Sons Transport, Inc. and Junior's Transportation, Inc. respectfully request that judgment be entered in their favor and against Plaintiff and Additional Defendant Theresa M. Keck together with such other relief this Court deems just and appropriate. Respectfully submitted, &)COGGIN DATE: , WARNER, BY: DO D L. CARMELITE, ESQUIRE cV '?i? I`I 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants William O. Flores and Gilbert & Sons Transport, Inc. 2 . CERTIFICATE OF SERVICE I, Sarah Kuhn, an employ??eee of Marshall, Dennehey, Warner, Coleman & Goggin, do __ hereby certify that on this 910/ day of June 2011, I served a copy of the foregoing via First Class United States mail, postage prepaid, as follows: Timothy A. Shollenberger, Esquire Jefferson J. Shipman, Esquire Shollenberger & Januzzi, LLP Johnson, Duffle, Stewart & Weidner 2225 Millenium Way P.O. Box 109 Enola, PA 17025 Lemoyne, PA 17043 Attorney for Plaintiff Attorney for Defendant Richard M. Biggs Randy T. Burch, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Sarah Kuhn 05/579985.v I I001ft Joseph S. Spagnolo, COURT OF COMMON PLEAS Plaintiff CUMBERLAND CTY., PENNSYLVANIA V. No. 09-2582 William O. Flores; Gilbert & Sons CIVIL ACTION - LAW Transport, Inc.; Junior's Transportation, c 4 -1 Inc.; and Richard M. Biggs, JURY TRIAL DEMANDED `OZ = -i Defendants z? ig 11n 2 w C V. r- 3 Theresa M. Keck, : o 3;c: :C „n C )C") Additional Defendant. -z4 -c: crt ? ANSWER OF DEFENDANTS WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC. AND JUNIOR'S TRANSPORTATION, INC TO DEFENDANT, RICHARD M. BIGGS' CROSS CLAIM 43. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, said averments are specifically denied and strict proof thereof is demanded at the time of trial. 44. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, said averments are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants William O' Flores, Gilbert & Sons Transport, Inc. and Junior's Transportation, Inc. respectfully request that judgment be entered in their favor and against Plaintiffs and Defendant Biggs together with such other relief as this Court deems just and appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMA GGIN DATE: BY: DONA CARMELITE, ESQUIRE 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants William O. Flores and Gilbert & Sons Transport, Inc. 2 CERTIFICATE OF SERVICE I, Sarah Kuhn, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this @0-day of June, 2011,1 served a copy of the foregoing via First Class United States mail, postage prepaid, as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 Attorney for Plaintiff Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Richard M. Biggs Randy T. Burch, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 05/579986.v1 A?A? 6 ? ,L, Sarah Kuhn 3 FORRY ULLMAN RANDY T. BURCH, ESQUIRE Fr i Attorney ID #59567 ; N CD 540 Court Street, P.O. Box 542 ; Reading, PA 19603 -= r 610-777-5700 / FAX 610-777-2499 Attorneys for Addit" Defend ? - JOSEPH S. SPAGNOLO, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant CIVIL ACTION - LAW NO. 09-2582 JURY TRIAL DEMANDED ADDITIONAL DEFENDANT THERESA M. KECK'S REPLY TO NEW MATTER CROSS CLAIM PURSUANT TO RULE 1031.1 OF DEFENDANTS GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC AND WILLIAM O. FLORES 51. Denied. The Averments of paragraph 51 constitute a paragraph of incorporation and therefore no responsive pleading is required. To the extend that any answer is needed, additional Defendant, Keck, hereby incorporates her Answer and New Matter to Plaintiffs Complaint as if the same were fully set forth herein at length. 52. Denied. The averments of paragraph 52 constitute a conclusion of law to which no responsive pleading is required and the same are deemed to be denied. WHEREFORE, Additional Defendant, Theresa M. Keck, requests that judgment is entered in her favor. Respectfully Submitted: FORRY ULLMAN Dated: By: RANDY T. BURCH, ESQUIRE Attorney for Additional Defendant, Theresa M. Keck VERIFICATION I, RANDY T. BURCH, ESQUIRE, attorney for Additional Defendant, verifies that the statements made in the foregoing Reply New Matter in the Nature of a Crossclaim are true and correct to the best of my personal knowledge or information and belief. 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. FORRY ULLMAN By: X71 RANQ T. BURCH, ESQUIRE Date: February 7, 2011 FORRY ULLMAN RANDY T. BURCH, ESQUIRE Attorney ID #59567 540 Court Street, P.O. Box 542 Reading, PA 19603 610-777-5700 / FAX 610-777-2499 Attorneys for Additional Defendant JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2582 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, attorneys for Additional Defendant Theresa Keck certify that Additional Defendant's Answers to Cross Claim pursuant to Section 1031.1 of Defendants were served, this date, by first-class mail, postage prepaid, addressed as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 FORRY ULLMAN Dated: By: /PANDY T. BURCH, ESQUIRE SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES; GILBERT & SONS, TRANSPORT, INC.; JUNIOR'S TRANSPORTATION, INC.; and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant _ FILED -CI' ' 2011 JUL 25 PM 3: C CUMBERLAND CGupt y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW COMES THE PLAINTIFF, JOSEPH SPAGNOLO, by and through his attorney, SHOLLENBERGER AND JANUZZI, LLP, and files his Reply to New Matter of Defendants, Gilbert & Sons Transport, Inc., Junior's Transportation, Inc. and William O. Flores (hereinafter "Defendant(s)"), and, in support thereof, respectfully represents the following: 33a. Paragraphs 1 through 33 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 34. 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). 35. 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). 36. 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). 37. 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). 38. 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). 39. 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). 40. 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). 41. 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). 42. 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). 43. 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). 44. 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). 45. 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). 46. 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). 47 a. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 47 b. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 47 c. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 47 d. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 47 e. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 47 f. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 47 g. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 48. 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). 49. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. 50. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. 51. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. 52. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. WHEREFORE, the Plaintiffs respectfully requests that the Defendants' New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff Tim A h enb rge , Es ire Date: July , 2011 Attor v .D. 43 3 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM O. FLORES; GILBERT & SONS, TRANSPORT, INC.; JUNIOR'S TRANSPORTATION, INC.; and RICHARD M. BIGGS, Defendants NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED V. THERESA M. KECK, Additional Defendant CERTIFICATE OF SERVICE r AND NOW, this Skday of July, 2011, 1 hereby certify that I have served the foregoing Answer to Defendant's New Matter on the following, in the manners indicated, and addressed as follows: Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Randy T. Burch, Esquire Forry Ullman P.O. Box 542 Reading PA 19603 SHOLL BERG F) R & JANUZZI, LLP By. otliy A ho nb ger sq. 4 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 L I 06T --6 PI41 2: 00 :. U1'-IBERLAND COUNTY PENNSYLVANIA SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, NO. 09-2582 INC. and RICHARD M. BIGGS, Defendants V. CIVIL ACTION - LAW THERESA M. KECK, JURY TRIAL DEMANDED Additional Defendant ACCEPTANCE OF SERVICE I, Jarrett Ferrari, hereby certify that I accept service of the Subpoena to Attend and Testify in the above-captioned matter. ................. ........ . By: ,;. `J rett rrari Date: l 4?v/1 t !? ?t r iv( 2 011 OCT -6 F 2* G0 'L+` NdS?YLVA? 1A TY SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW THERESA M. KECK, JURY TRIAL DEMANDED Additional Defendant ACCEPTANCE OF SERVICE I, Heather Mattingly, hereby certify that I accept service of the Subpoena to Attend and Testify in the above-captioned matter. By: Date: l .1 C' °')THONOTAR',. UE I OCT -6 PHI Z' 00 'i.Iti`BERLANO COUNTY 'E-NNSYLSIANIA SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC. and RICHARD M. BIGGS, Defendants V. THERESA M. KECK, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, David Spishock, hereby certify that I accept service of the Subpoena to Attend and Testify in the above-captioned matter. By: David Spishock` Date: 10 -1- (< .JFHu r- 'R OTH0140TA' Csll 6cT -6 PPS 2: GO i' BERLAND COUNTY FNNSYLVANIA SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. SPAGNOLO, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM O. FLORES, GILBERT & SONS, TRANSPORT, INC., JUNIOR'S TRANSPORTATION, NO. 09-2582 INC. and RICHARD M. BIGGS, Defendants V. CIVIL ACTION - LAW THERESA M. KECK, JURY TRIAL DEMANDED Additional Defendant ACCEPTANCE OF SERVICE I, Pauline Ferrari, hereby certify that I accept service of the Subpoena to Attend and Testify in the above-captioned matter. c By: Pauline Ferrari Date: do 5 FPS k c JOHNSON, DUFFIE, STEWART 8c WEIDNER By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: WDM@jdsw.com JOSEPH S. SPAGNOLO, Plaintiff v. -~ j=_) , `~-~`~ t~Yl_~'r~'~IAttorneys for Defendant Biggs WILLIAM O. FLORES, GILBERT & SONS TRANSPORT, INC., JUNIOR'S TRANSPORTATION, INC., and RICHARD M. BIGGS Defendants v. THERESA M. KECK, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2582 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of Wade D. Manley of Johnson, Duffle, Stewart & Weidner as counsel on behalf of the Defendant, Richard M. Biggs, in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By. ~IJ' fA~~ Wade D. Ma ey, Esquire Attorney I.D. No. 87244 P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Date: October 18, 2012 Attorneys for Defendant Biggs CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Substitute Appearance has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania„ on October 18, 2012: Timothy A. Shollenberger~, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff Joseph Spagnolof Don L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Flores and Gilbert & Sons Transportation, Inc. and Junior's Transportation Randy T. Burch, Esquire Forty Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Counsel for Additional Defendant Theresa M. Keck JOHNSON, DUFFIE, STEWART & WEIDNER By ~ /H'~ ~ _ Wade D. Manle ,Esquire