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HomeMy WebLinkAbout10-6936NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrandghersheypalaw.com OF THELPRO gETARY 2010 NOV --1 ` PM 2" .01 CUMBERLANO COUNTY PENNSYLVANIA J.R. AUTO TRANSPORTATION, LLC, Plaintiff V. DEBLIN, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. Io-Log3lo CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 249-316 800-990-9108 o??D aw' Gy'; 06$1 q ik P-5 NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrand@hersheypalaw.com J.R. AUTO TRANSPORTATION, LLC, Plaintiff V. DEBLIN, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (Q 3 (J,``( CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff J.R. Auto Transportation, LLC is a limited liability corporation organized and existing under the laws of Georgia with a principal place of business located at PO Box 863, Waycross, Georgia 31502. 2. Defendant Deblin, Inc. is a Pennsylvania corporation with a principal place of business located at 656 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On April 29, 2009 Plaintiff J.R. Auto Transportation, LLC was the owner of a 2005 Peterbuilt/Boydstun 379/3 car carrier and said vehicle was being operated northbound on Interstate 83 near mile marker 11 at or near Loganville, York County, Pennsylvania. 4. At the aforesaid time Plaintiff's vehicle was being operated by driver Paul Sams. 5. At the aforesaid time and place Plaintiff J.R. Auto Transportation, Inc. was under lease to Fleet Car Lease, Inc. to transport six (6) new Nissan automobiles. 2 6. At the aforesaid time and place Plaintiff's driver encountered a construction zone on northbound Interstate 83 and traffic was diverted to travel in the left hand lane adjacent to the center median. 7. As Plaintiff's vehicle traveled northbound in the left hand lane as described aforesaid it encountered a stormwater drain structure with metal grate located in the designated northbound travel lane and directly in the path of Plaintiff's vehicle. Plaintiff's vehicle drove over the exposed stormwater drain with grate at which time the grate and/or stormwater drain structure collapsed causing a puncture of the gas tank of said vehicle resulting in an immediate fuel leak, and the wheels on the vehicles second axle dropped into the collapsed stormwater structure causing the axle to become partially detached from the frame rail and separated the drive-train at the universal joint. 9. As Plaintiff's vehicle proceeded northbound the drain grate was dragged, fuel continued to spill from the vehicle, and the vehicle caught fire. 10. As a result of the aforesaid incident Plaintiff sustained the following damages: (a) 2005 Peterbilt Tractor - less salvage $60,000.0 (b) Headrack - Precision Services of Jacksonville 46,215.9 (c) 2005 Boydstun trailer repairs - Precision Services of Jacksonville 1,532.85 (d) Towing & recovery - Charlie's Repair Service LLC - tractor 3,019.5 (e) Tractor storage - Charlie's Repair Service LLC 1,920.0 (f) Trailer storage - Trent Enterprises 2,100.0 () Loss of use/downtime/loss of revenue 7,000.0 TOTAL $122,369.5 11. The aforesaid incident and the damages sustained by Plaintiff were caused, either, proximately and/or substantially, by the negligence of Defendant Deblin, Inc. in the following particulars: a. Said Defendant was engaged in road and bridge construction and repair on the highway involved in the loss and the construction zone in question was directly within the care, custody and control of said Defendant. b. Said Defendant failed to properly inspect the roadway, construction zone, and the rerouted traffic lane into which Plaintiff's vehicle was directed, prior to the approach of Plaintiffs vehicle, to assure that said roadway was reasonably safe and did not contain unknown hazards. C. Said Defendant failed to take those steps necessary to redirect traffic safely. d. Said Defendant failed to take those steps necessary to inspect, repair, maintain, and correct deficiencies in the roadway and specifically those deficiencies related to the subject drain and drain grate so as to eliminate any risk of harm to approaching motorists such as Plaintiff's vehicle. Said Defendant failed to comply with applicable construction policies, practices, regulations, contract requirements and procedures. f. Said Defendant failed to take those steps reasonably necessary to eliminate the hazardous condition encountered by Plaintiff's vehicle. g. Said Defendant failed to warn.approaching motorists of a hazardous condition on and about the roadway. 4 h. Said Defendant failed to remedy defective conditions about the roadway prior to the approach of Plaintiff's vehicle. Said Defendant failed to otherwise exercise that reasonable degree of care, caution and skill reasonably required under the circumstances then and there existing. 12. As a result of the aforesaid negligent conduct of the Defendant, Plaintiff sustained the aforesaid damages. WHEREFORE, Plaintiff demands judgment against Defendant, in the amount of $122,369.57 plus interest, costs of suit and damages for delay. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Date: l Attorney for Plaintiff /0 to 5 300•d 7VIOI OCT-06F2010 1: 13 NESTICO• DPTJ6Y HILDASRAND VERtaE'tCAT1,914 717 533 5717 P.008 Robinson. hereby state that C am Prrsident of J.R. Auto Transportation, zed to execute this vcrification on its behalf and hereby verify that the arts ade in the foregoing document are true and correct to the best of my dge. information and belief. l understand that false statements herein ate made tot the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to b o on for J.R. Auto Transportation, LLC 6 ZOOfZ00'd 9b804 ZOO/3001d LTL9 669 LTL TnmAT b nnn 9NI?Oflal a r ZZEO?BZZIE 5S:?G G14ZfL0fial QNVH8TG71H N8nHG `00IISHN 09:60 OTOZ-10-100 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4x1?t1a nt 4u??Grr,???0 FILED-OFFICE OF 1'HE PROTHOHOTAR Jody S Smith Chief Deputy Richard W Stewart Solicitor 2010 DEC -1 AM 8* 20 C!I PENNSYLVIO A `t J.R. Auto Transport, LLC vs. Deblin, Inc. Case Number 2010-6936 SHERIFF'S RETURN OF SERVICE 11/24/2010 11:15 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2010 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Deblin, Inc., by making known unto Wendy Kirk, Secretary for Deblin, Inc. at 4915 Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $50.94 November 30, 2010 ?Q TIM B C , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ro) Ceuntysuite shenft ielecsoft. Inc. Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com J.R. AUTO TRANSPORTATION, LLC, Plaintiff V. DEBLIN, INC., Defendant Ff LED-OFFiO = U THE PROTH014O'?', 2010 DEC 15 AM 10: ! CUMBERLAND COUNT',' PENNSYLVAN3 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6936 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Anthony T. Lucido, Esquire, and Thomas, Thomas & Hafer LLP, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108, on behalf of Defendant, Deblin, Inc. THOMAS, THOMAS & HAFER, LLP Date: la-M-10 Anthony T. Lucido, Esquire Attorney I.D. No.: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 CERTIFICATE OF SERVICE On this jeday of December, 2010, I, Vicki E. Steck, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 UJUJ'- VE. Steck Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com U' r t. t Rl?THGh TAF?y 2011AUG-2 MI0:25 ?TMSERLA yD COUNT';' PE14NSYLVANIA Attorneys for Defendant J.R. AUTO TRANSPORTATION, LLC, Plaintiff V. DEBLIN, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6936 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Date: ?" 1-11 THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire Attorney I.D. No.: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant y Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com J.R. AUTO TRANSPORTATION, LLC, Plaintiff V. DEBLIN, INC., Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6936 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT DEBLIN, INC.'S ANSWER WITH NEW MATTER AND NOW comes Defendant, Deblin, Inc., through its attorneys, Thomas, Thomas & Hafer, LLP and files this Answer with New Matter to Plaintiff's Complaint, and in support thereof avers as follows: 1. Admitted. 2. Denied. Answering Defendant's business address is 4913 Gettysburg Road, Mechanicsburg, Pennsylvania. 3. Admitted. 4. After reasonable investigation, Answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that on April 29, 2009 a construction project was ongoing on Interstate 83 near Loganville, York County, Pennsylvania. After reasonable investigation, Answering Defendant lacks knowledge and information sufficient to form a belief as to the remaining allegations in this paragraph; accordingly, the allegations are denied and strict proof thereof is demanded at time of trial. 7. After reasonable investigation, Answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 8. After reasonable investigation, Answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 9. After reasonable investigation, Answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 10. Denied pursuant to Pa.R.C.P. 1029(e). 11.(a)-(i). Denied as legal conclusions to which no responsive pleading is required. 12. Denied as conclusions of law and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant, Deblin, Inc., demands judgment in its favor and requests that Plaintiff's Complaint be dismissed, with prejudice. NEW MATTER 13. Answering Defendant incorporates by reference its responses to Paragraphs 1 through 12 above as though fully set forth herein. 14. Plaintiff's Complaint fails to state a claim against Answering Defendant upon which relief may be granted. 15. Plaintiff's alleged damages, which are specifically denied, were caused in whole or in part by third parties over which Answering Defendant exercised no control. 16. Plaintiff's claimed damages are barred and/or reduced due to Plaintiff's failure to mitigate said damages. WHEREFORE, Answering Defendant demands judgment in its favor and requests that Plaintiff's Complaint be dismissed, with prejudice. Date: N THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire Attorney I . D. No.: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. DATED: 2R 2D %\ CERTIFICATE OF SERVICE On this day of August, 2011, I, Vicki E. Steck, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the Answer with New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 Vicki E. Steck 972512.1 J.R. AUTO TRANSPORTATION, LLC, IN THE COURT OF COMMON PLE44fi:DF= Plaintiff CUMBERLAND COUNTY PENNSAIA , Z:'o ti r NO. 10-6936 cr DEBLIN INC zo C N mac; O r: , ., CIVIL ACTION -LAW Defendant 4 C-7 JURY TRIAL DEMANDED W PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 13. The averments of Paragraphs 1 through 12 of Plaintiff's Complaint are incorporated herein by reference. 14. Denied. Paragraph 14 states a conclusion of law to which no answer is required and the averments are therefore denied. 15. Denied. The averments of Paragraph 15 are specifically denied and proof thereof is demanded at trial. 16. Denied. The averments of Paragraph 16 are specifically denied and proof thereof is demanded at trail. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, PC arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Date: 0 I Attorney for Defendant VERIFICATION I, Karl R. Hildabrand, Esquire, counsel for Plaintiff, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: d / I ?a Karl R. Hildabrand 1. Thomas. Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Boa 999 Harrisburg. PA 17108-0999 (717) 255-7234 alucidoraitthla,w.com -E Rcr 0NOr, 1Qf2NAR _3 AM It:49 CUMBERLAND COUNT PENNSYLVANIA Attorneys for Defendant J.R. AUTO TRANSPORTATION, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-6936 DEBLIN. INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED V. ORTH-RODGERS & ASSOCIATES, INC., : Additional Defendant : NOTICE TO DEFEND 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 claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 & Information Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3116 (800) 990-9108 NOTICIA Le han demando a usted en la cone. Si usted quiere defendrse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrito e en persona o por obogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OSTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral & Information Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3116 (800) 990-9108 THOMAS, THOMAS & HAFER, LLP Date: Anthony T. Lucido, Esquire Attorney I.D. No.: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas. Thomas & Hafer, LLP Anthom T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido(,?tthiaw.com J.R. AUTO TRANSPORTATION, LLC, Plaintiff V. DEBLIN, INC., Defendant v. ORTH-RODGERS & ASSOCIATES, INC., : Additional Defendant : Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6936 CIVIL ACTION - LAW JURY TRIAL DEMANDED JOINDER COMPLAINT OF DEFENDANT DEBLIN, INC. AGAINST ADDITIONAL DEFENDANT ORTH-RODGERS & ASSOCIATES, INC. AND NOW comes Defendant, Deblin, Inc. ("Deblin"), through its attorneys, Thomas, Thomas & Hafer, LLP, and files this Joinder Complaint against Additional Defendant, Orth- Rodgers & Associates, Inc. ("Orth-Rodgers"), and in support thereof avers as fellows: Plaintiff, J.R. Auto Transportation, LLC, ("J.R. Auto") has filed a Complaint against Deblin, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference without admission of any of the allegations contained therein, and subject to all of the defenses and New Matter raised in Deblin's Answer. 2. Upon information and belief, Orth-Rodgers is a professional consulting and engineering firm with its corporate headquarters located at 4729 West Chester Pike, Newtown Square, PA 19073. Orth-Rodgers provides engineering and consulting services on various public and private construction projects throughout Pennsylvania. The Complaint alleges that on April 29, 2009, the Plaintiff was the owner of a 2005 Peterbilt car carrier that was traveling north on Interstate 83 near Loganville, Pennsylvania. 4. At that time, Deblin was doing road construction on that stretch of 1-83, which required the diversion of traffic over a series of storm water grates, that were not originally designed to be driven over. 5. As Plaintiffs vehicle passed through the construction zone, it drove over a storm grate. which flipped up, punctured the truck's diesel tank, and caused the truck and its cargo of Nissan vehicles to catch fire, resulting in property damage. 6. The Complaint alleges that Deblin was negligent in, inter alia: (a) Failing to properly inspect the roadway and to assure that it was reasonably safe for traffic; (b) Failing to redirect traffic safely; (c) Failing to inspect, repair, maintain and correct deficiencies in the roadway and specifically deficiencies related to the storm drain and storm grate; (d) Failing to comply with applicable construction policies, practices, regulations and procedures. NEGLIGENCE Defendant Deblin v. Additional Defendant Orth-Rodeers 7. Defendant incorporates by reference allegations l through 6 above as though fully set forth herein. 8. Orth-Rodgers was hired to provide engineering services on the construction project where Plaintiff s accident occurred. 9. Specifically, Orth-Rodgers was responsible for designing the traffic control plan for the construction project, to ensure that traffic could pass safely through the construction zone. 10. As part of its responsibilities for designing the traffic control plan, Orth-Rodgers was required to devise a way for the storm grates to be properly secured so they could safely withstand the weight, impact and vibration of passing traffic. H. Additional Defendant Orth-Rodgers was negligent, and failed to exercise reasonable care in the following manner: (a) Failing to design the traffic control plan that would allow for the safe passage of cars and trucks over the exposed storm grates; (b) Failure to provide Defendant with design specifications and drawings that were applicable to the type of storm boxes that had to be modified for this project; (c) Failure to properly inspect the project when designing its initial traffic contr,)l plan, to ensure that its recommendations and specifications pertaining to how the storm grates were to be fastened down were feasible; (d) Failing to provide Defendant with clear, unambiguous instructions as to how the storm grates were to be tack welded; (e) Failure to provide any construction drawings or specifications that would have allowed Defendant to fasten grates that were seated on brick storm boxes with cast iron tops; (f) Failure to differentiate in its design plans between pre-cast concrete storm boxes and brick storm boxes with cast iron tops, the latter of which could not be tack welded in the manner specified in Additional Defendant's construction drawings; (g) Failure to exercise the requisite skill or knowledge expected of a professional engineer in the industry. 12. Defendant denies any negligence or liability to Plaintiff. However, in the event Plaintiff s alleged damages were caused by Orth-Rodgers careless and negligent conduct with regard to the design of the traffic control plan, Defendant asserts that Additional Defendant Orth- Rodgers is solely liable, jointly and severally liable or liable over to Defendant for contribution or indemnification on the causes of action asserted by Plaintiff. 13. A Certificate of Merit in support of Defendant's professional negligence claims against Orth-Rodgers is attached hereto as Exhibit "B." WHEREFORE, Defendant Deblin, Inc. demands judgment against Additional Defendant Orth-Rodgers & Associates, Inc. on the grounds that Orth-Rodgers is solely liable, jointly and severally liable or liable over to Defendant for contribution and/or indemnification on Plaintiff s causes of action. THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire Attorney I.D. No.: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 VERIFICATION I verify that the facts set forth in the foregoing Joinder. Complaint are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of I8 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. T owell k; ?? 00310A038 "18-qs 00009 NESTICO, DRUBI' & IIILDABlt,?ND, PC Kar] R. Hildabrand, Esquire PA Supreme Court 1. D. 301021 840 East Chocolate Avenue Hershey, PA 17033 (717) 5-33-5406 lchildabrandRwhershcy alaw.corn J.R. AUTO TRANSPORTATION, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. ?1' DEBLIN, INC., Defendant C5/'IL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED INT COURT. If you wish to defend against the clairns set forth in the following pages; you must tale action with1n twenty (?0) days after this Complaint ?, G J, Cldlcl'lll? li lh l'l LlCrl 2l)?Ca1 GiiC? cisulldll} y 01 U Y diiuraliu eL: ItI I v It1l G ulc Jcl be t l N 3 Ftil lg ii, wiitinc: with the court your defenses or objections to the claims set iurih against you. You are warned that if you fail to do so the case may proceed without you and a judbment may be entered against you by the court -vvithout 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. Y'OU SHOULD TARE THIS PAPER TO YOUR LAWYER A T ONCE, IF YOU DO NOT HAVE A LAWYER, 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 WITII INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE, OR NO FEE. CUMBERLAND COUNTY BAIL ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 249-316 500-990-9108 in Tesarnany %iwse,.! tiers unto.set nw hwW and the e6W of sold C?? 1 rt O'ca ilsle, PC e'wuan suux NESTICO, DRUBY & HILDABRAND, PC Karl R Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717? 533-5406 lchildabrandfa>,hershe},ralaw.corn J.R. At ITO TRANSPORTATION, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, V. DEBLIN, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1': Plaintiff .1.I. Auto Transportation, LLC is a limitect liability corporation organized and existing under the laws of Georgia with a principal place of business located al PO Box 863, ??aycross, Georgia 31502. ?. Defendant Deblin. Inc. is a Pennsylvania corporation with a principal place of business located at 656 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On April 29, 2009 Plaintiff J.R. Auto Transportation, LLC was the owner of a 2005 Peterbuilt/Boydstun 379/3 car caiTier and said vehicle was being operated northbound on Interstate 83 near mile marker I 1 at or near Loganvil le, York County. Pennsylvania. 4. At the aforesaid time Plaintiff's vehicle was being operated by driver Paul Sams. 5. At the aforesaid time and place Plaintiff J.R. Auto Transportation, Inc. was under lease to Fleet Car Lease, Inc. to transport six (61) new Nissan automobiles. L 6. At the aforesaid time and place Plaintiff s driver encountered a construction zone on northbound interstate 83 and traffic was diverted to travel in the left hand lane adjacent to the center median. 7. As Plaintiff's vehicle traveled northbound in the left hand lane as described aforesaid it encountered a stormwater drain structure with metal grate located in the designated northbound travel lane and directly in the path of Plaintiff s vehicle, Plaintiffs vehicle drove over the exposed storm-water drain with grate at which time the grate and/or stormwater drain structure collapsed causing a puncture of the gas tank of said vehicle resulting in an immediate fuel leak, and the wheels on the vehicles second axle dropped into the collapsed stormwater structure causing the axle to become partialty detached from the frame rail alid separated the drive-train at the universal Joint. 9,.- As Piaintif s vchicte proceeded northbound the drain grate was dragged, fuel continued to spill from the vehicle, and the vehicle caught fire. 10. As a result of the aforesaid incident Plaintiff sustained the following damages; (a) 0? 05 Peterbilt Tractor - less salva-ae $60.000.0 (b) Headrack - Precision Services of Jacksonville 46,215.' (c) 2005 Boydstun trailer repairs - Precision Services of Jacksonville 1,532.,55 _ (d) Towing & recovery - Charlie's Repair Service LLC - I tractor 3,019.50, J (e) (:f) Tractor storage - Charlie's Repair Service LLC Trailer storage -'T'rent Enterprises 1,920.00 (g) Loss of use/downtirne/loss of revenue 700000 TOTAL j 5122,369.57 I l , The aforesaid incident and the damages sustained by Plaintiff were caused, either, proximately and/or substantially, by the negligence of Defendant Deblin, Inc. in the following particulars: a. Said Defendant was engaged in road and bridge construction and repair on the highway involved in the loss and the construction zone in question was directly within the care, custody and control of said Defendant. b. Said Defendant failed to properly inspect the roadway, construction zone, and the rerouted traffic lane into whicr Plaintiffs vehicle was directed, prior to the approach of Plaintiffs vehicle. tD assure that said roadway was reasonably safe and did not contain unimown hazards, c. Said Defendant failed to take those steps necessary to redirect traffic safer, . d. Said Defendant failed to tape those steps necessary to inspect, repair, maintain, and correct def ciencies in the roadway and specifically those, deficiencies related to the subject drains and drain date so as to eliminate any risk of harm to approaching motorists such as Plaintiff" s vehicle, e. Said Defendant failed to comply with applicable construction policies, practices, regulations, contract. requirements and procedures, f. Said Defendant failed to take those steps reasonably n cessary to eliminate the hazardous condition encountered by Plaintiff's vehicle. g. Said Defendant failed to warn.approaching motorists of a hazardous condition on and about the roadway. 4 h. Said Defendant failed to remedy dcfeetivc conditions about the roadway prier to the approach of Plaintiff's vehicle. Said Defendant failed to otherwise exercise that reasonable degree of care, caution and skill reasonable required under the circluristanecs their and there existing. 12. As a result of the aforesaid negligent conduct A the Defendant, Plaintiff sustained the aforesaid damages. WHEREFORE, Plaintiff demands jud-mcnt against Defendant. in the amount of $122,369.57 plus interest, costs of stjit and damages for delaN. Respectfully submitted, NESTICQ, DRUBY & HILDA13RgND, PC Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033) / (717)533-5406 i ?%ry AttorncN for Pla: ntifC Dater r 5 Z00'? ZVw?JL 1 ' ??T-Qb? zC?IC? i l7 I NES": (r;r ?I?rJ6'? :' , ?ttA??d,KD 71" 633 x,717 F. DOS VERIFICATlN j r rt- MW i, Jdhnny Robinson. hereby state than ( am Prrsident /auto Transportation, nd a thorired to execute this vcrifrcation on ir` behalf and hereby verify that the nts i ade in the foreguing document are t;u.. and correct to the best oFrnv i ?dge. information and belief, J uraderstand that false statementshereiv, ate made W t e pewltics of 18 Pa. C.S. §4904 relating to zwom falsification to ties. I I I 401-k't Robinsarr for ..R. Au-:o Transportation, LLC 6 ??)9I'?:?0'd 9b8 641 r?id7'=,'Jlitll U f ;.::?G'a= ?lE k??:.!G li?s.r!43 Gf ...?.?. ... ..,.• . +??.. ...-. ?+ ?zi -'Tit..lii'i 1. ?R1TT 11n ilT fr.,: tt'TAI .. .r'il ?-?T ?f 1:. ?/lfl Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido4zltthlmA .com Attorneys for Defendant J.R. AUTO TRANSPORTATION, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-6936 DEBLIN, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED V. ORTH-RODGERS & ASSOCIATES, INC., : Additional Defendant : CERTIFICATE OF MERIT I certify that an appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the skill or knowledge exercised in the design and engineering work that is the subject matter of the claims asserted by Deblin, Inc., against Orth- Rodgers & Associates, Inc. in the Joinder Complaint fell outside acceptable professional standards and that such conduct was a cause in bringing about the damages alleged by the Plaintiff. Date: THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire Attorney I.D. No.: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 1057970.1 CERTIFICATE OF SERVICE 1. Vicki E. Speaker, with the law firm of Thomas. Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 Bruce D. Lombardo Powell, Trachtman,Logan, Carrlle & Lombardo 475 Allendale Road King of Prussia, PA 19406 Date Vicki . Speaker 1057069.1 Thomas, Thomas & Hafer, LLP r ' Anthony T. Lucido, Esquire Attorney I.D. No. 76583 o r s c ?,a,? I t±, ?; 305 North Front Street P.O.Box999 ,a' ml ;a ! ( u E R L A 1c1J CO Harrisburg, PA .17108-0999 _ (717) 255-7234 alucido(q,)tthlaw. c:om Attorneys for Defendant J.R. AUTO TRANSPORTATION, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-6936 DEBLIN, INC., CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED V. ORTH-RODGERS & ASSOCIATES, INC., : Additional Defendant : ACCEPTANCE OF SERVICE I hereby accept service of the Joinder Complaint on behalf of Additional Defendant, Orth-Rodgers & Associates, Inc., and hereby certify that I am authorized to do so. Powell, Trachtman, Logan, Carrlle & Lombardo Date: Bruce D. Lombado, Esquire 475 Allendale Road King of Prussia, PA 1940` 1061455 CERTIFICATE OF SERVICE 1. Vicki E. Speaker, with the law firm of Thomas, Thomas & Hafer, LLP. herebN certify that I have. this day, served a true and correct copy of the foregoing document h} depositing a copy Of the same in the United States Mail, postage prepaid.. at Harrisburg. Pennsyk ama. addressed to: Karl K. Hilda.brand. Esquire Nestico. Druby & Hildabrand. PC 840 East Chocolate Avenue Hershey. PA. 1703131 Bruce D. Lombardo, Esquire Powell. Traclitman,Lo«an, Carrlle & Lombardo 475 Allendale Road king of Prussia. PA 19406 Date - Cj Vicki E. Speaker Karl R.Hildabrand,Esquire {1; "H7 Lavery Faherty Patterson t 0 TA R'._ 225 Market Street, Suite 304 4'0 1 3 0L T 3 o AN 1'' P.O.Box 1245 Harrisburg,PA 17108-12451i'i �f�LAP�D �� , (717)233-6633 (telephone) PENNSYLVANIA(717)233-7003 (facsimile) Attorney No.PA30102 khildabrand@laverylaw.com Attorney for Plaintiff J.R. AUTO TRANSPORTATION, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-6936 DEBLIN, INC., CIVIL ACTION - LAW Defendant V. ORTHO-RODGERS & ASSOCIATES, INC., : JURY TRIAL DEMANDED Additional Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above referenced action settled and discontinued, and issue a certificate of settlement and discontinuance to the undersigned. Respectfully submitted, LAVERY FAHERTY PATTERSON Date: October 29, 2013 By: arl R. Hildabrand, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE 1, Karl R. Hildabrand, Esquire of the law firm of Lavery Faherty Patterson, hereby certify that on this 29th day of October, 2013, I served a true and correct copy of the Praecipe to Settle and Discontinue, in the above matter,by First Class Mail,postage prepaid, on the following: Bruce D. Lombardo, Esquire Powell, Trachtman, Logan, Carrlle&Lombardo 475 Allendale Road King of Prussia, PA 19406 Brooks R. Foland, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 --/A� Q ildabrand,Esquire