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HomeMy WebLinkAbout11-4759SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff ROBERT BARRICK and DENISE BARRICK, Individually and CLINTON BARRICK, a minor, by ROBERT BARRICK and DENISE BARRICK, Guardians, Plaintiffs V. DAVID JUMPER, Defendant FI C D-Ca r iL t: THE' RROT 't; x klt. f l IUN -2 Pik Z. ? CUMBERLM;D cr UhT PENNSYLVAINI; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. //- AI1751 ell/ I CIVIL ACTION - LAW 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 entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. O s CUMBERLAND COUNTY BAR ASSOCIATION Aga by Pp ATN 2 LIBERTY AVENUE C Im.>;87 CARLISLE, PA. 17013 k!.2 O/05 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff ROBERT BARRICK and DENISE BARRICK, Individually and CLINTON BARRICK, a minor, by ROBERT BARRICK and DENISE BARRICK, Guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Plaintiffs V. DAVID JUMPER, Defendant CIVIL ACTION - LAW NOTI`C'IA 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 USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION 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, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff ROBERT BARRICK and DENISE BARRICK, Individually and CLINTON BARRICK, a minor, by ROBERT BARRICK and DENISE BARRICK, Guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Plaintiffs V. DAVID JUMPER, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Robert Barrick and Denise Barrick, Individually and Clinton Barrick, a minor, by Robert Barrick and Denise Barrick, Guardians, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiff, Robert Barrick, is an adult individual who currently resides at 8 Wildwood Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Plaintiff, Denise Barrick, is an adult individual who currently resides at 8 Wildwood Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff, Clinton Barrick, is a minor child, being born May 30, 1994, who resides with his parents and guardians, Robert Barrick and Denise Barrick at 8 Wildwood Road, Newville, Cumberland County, Pennsylvania 17241. 4. The Defendant, David Jumper is an adult individual who currently resides on a farm located on Enola Road, Blosserville, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth occurred on July 8, 2009 at the Defendant's farm. 6. Clinton Barrick was at the farm of the Defendant to help him with some farm work that involved the use of a tractor and hay baler, both of which were owned by the Defendant. 7. The Defendant, while operating the tractor and hay baler, activated the hay baler while the Plaintiff was on the back of the tractor. 8. As a result of the Defendant's activation of the hay baler, the Plaintiff suffered serious, permanent and disfiguring injuries to his right foot and toes, with one of the toes on his right foot and part of his right foot bone being severed. 9. The injuries suffered by the Plaintiff, Clinton Barrick as above described were caused by the negligent acts of the Defendant, David Jumper including but not limited to the following: a. activating the hay baler when it was not necessary to do so; b. activating the hay baler when he knew that Clinton Barrick was on the back of the tractor; C. failing to insure that Clinton Barrick was not in danger of being injured by the hay baler before he activated it; and d. failing to direct Clinton Barrick to stand clear of the hay baler before he activated it. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, Clinton Barrick, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, Clinton Barrick, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Clinton Barrick, has sustained scarring and disfigurement for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Clinton Barrick, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiffs, Robert Barrick and Denise Barrick, on behalf of Plaintiff, Clinton Barrick, have and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. WHEREFORE, Plaintiffs, Robert Barrick and Denise Barrick, Individually and Clinton Barrick, a minor, by Robert Barrick and Denise Barrick, Guardians, demands judgment against Defendant, David Jumper, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attc By: Date: 06.o2--T1 SHERIFF'S OFFICE OF CUMBERLAND COUNTIYc ro. Ronny R Anderson y -- Sheriff ? ? cw Jody S Smith ofuIrrt, N , ' r Chief Deputy E F W Richard W Stewart f. Solicitor -1-? co Robert Barrick i vs. David Jumper Case Number 2011-4759 SHERIFF'S RETURN OF SERVICE 06/21/2011 08:05 AM - Jody Smith, Chief Deputy, who being duly sworn according to law, states that on June 21, 2011 at 0805 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Jumper, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.44 June 21, 2011 '1 % ( L J DY S. MI H, DEPUTY SO ANSWERS, 2,/?, :a7 RON R ANDERSON, SHERIFF cj Co.ovySuae Snerm I e'eoso`t. Inc. HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17015 (717) 2434090 ATTORNEY FOR DEFENDANT ROBERT BARRICK and DENISE BARRICK, Individually and CLINTON BARRICK, a minor, by ROBERT BARRICK and DENISE BARRICK, guardians, Plaintiffs VS. DAVID JUMPER, Defendant FILED-OFFICE THE PROTHOHOTAR 2411 JUL 19 AM 9: 5 S CD PENNSYL AN OUNT A ; : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2011 - 4759 CIVIL TERM IN TRESPASS DEFENDANT'S RESPONSE TO PLAINTIFFS' COMPLAINT NOW, comes the defendant, by his attorney, Harold S. Irwin, III, Esquire, and responds to the plaintiffs' complaint, representing as follows: 1. The averments of paragraph one of plaintiffs' complaint are admitted. 2. The averments of paragraph two of plaintiffs' complaint are admitted. 3. The averments of paragraph three of plaintiffs' complaint are admitted. 4. The averments of paragraph four of plaintiffs' complaint are admitted. By way of further response, defendant's address is 3898 Enola Road, Newville, PA 17241. 5. The averments of paragraph five of plaintiffs' complaint are admitted in that the events described occurred at 3989 Enola Road, Newville, PA 17241. 6. The averments of paragraph six of plaintiffs' complaint are admitted in part and denied in part. It is admitted that Clinton Barrick arrived with his brother voluntarily at the farm to help defendant with such farm work. It is denied that the tractor and hay baler being used to accomplish the farm work were owned by the defendant. On the contrary, the farm equipment is owned by defendant's mother. 7. The averments of paragraph seven of plaintiffs' complaint are denied. On the contrary, at no time prior to plaintiffs injuries did defendant activate the hay baler. S. The averments of paragraph eight of plaintiffs' complaint are denied. On the contrary, at no time prior to plaintiffs injuries did defendant activate the hay baler. In addition, these averments are denied by reason that after reasonable investigation, defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof is demanded at trial, if relevant. 9. The averments of paragraph nine of plaintiffs' complaint are denied. On the contrary, at no time prior to plaintiff's injuries did defendant activate the hay baler. Furthermore, these averments contain conclusions of law to which no response is required. 10. The averments of paragraph ten of plaintiffs' complaint are denied by reason that after reasonable investigation, defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof is demanded at trial, if relevant, 11. The averments of paragraph eleven of plaintiffs' complaint are denied by reason that after reasonable investigation, defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof is demanded at trial, if relevant. 12. The averments of paragraph twelve of plaintiffs' complaint are denied by reason that after reasonable investigation, defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof is demanded at trial, if relevant. 13. The averments of paragraph thirteen of plaintiffs' complaint are denied by reason that after reasonable investigation, defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof is demanded at trial, if relevant. 14. The averments of paragraph fourteen of plaintiffs' complaint are denied by reason that after reasonable investigation, defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof is demanded at trial, if relevant. WHEREFORE, defendant demands that plaintiffs' complaint be dismissed and that judgment against plaintiffs and in favor of defendant. July f k, 2011 HAROLD S. IRWIN, III 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. July (?/, 2011 DAVID CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: TIMOTHY A SHOLLENBERGER ESQ SHOLLENBERGER & JANUZZI LLP 2225 MILLENNIUM WAY ENOLA PA 17025 Attorney for Plaintiffs. July /?, 2011 f - _ HAROLD S. IRWIN, II Attorney for Defends 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 t i .?'D-Oi^FICt L i` THE PiR0T'NCN0TAR); SHOLLENBERGER & JANUZZI, LLP 2011 AUG 24 AM 11: 23 CUMBERLAND COUNTY PENNSYLVANIA 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ROBERT BARRICK and DENISE BARRICK, Individually and CLINTON BARRICK, a minor, by ROBERT BARRICK and DENISE BARRICK, Guardians, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4759 CIVIL ACTION - LAW V. DAVID JUMPER, Defendant CERTIFICATE OF SERVICE And now, this Z2 day of August, 2011, 1 hereby certify that a copy of the " foregoing Notice of Deposition of David Jumper has been served upon the following, via U.S. Mail: Harold S. Irwin, III Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 SHOLLENHARGER & JANUZZI, LLP By: Adam Wolfe, Esquire for Timothy A. Shollenberger, Esq. Attorney ID# 34343 Lit' I1t'� f'TLO TH010 FqF x: SHOLLENBERGER & JANUZZI, LLP ztoFC i 7 A �: 30 2225 Millennium Way CUMBERLAND COUNTY Enola, Pennsylvania 17025 PENNSYLVANIA OU Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ROBERT BARRICK and IN THE COURT OF COMMON PLEAS DENISE BARRICK, Individually and CUMBERLAND COUNTY, PENNSYLVANIA CLINTON BARRICK, a minor, by ROBERT NO 11-4759 BARRICK and DENISE BARRICK, Guardians, Plaintiffs CIVIL ACTION — LAW v. DAVID JUMPER, Defendant CERTIFICATE OF SERVICE And now, this ir day of December, 2013, I hereby certify that a copy of the foregoing Plaintiffs' Request for Entry Upon Property has been served upon the following, via U.S. Mail: Harold S. Irwin, Ill Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP By: :00.r T1'. A. Sholle :er•`er, Esq. •ttorney ID# 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Eno la, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ROBERT BARRICK and DENISE BARRICK, Individually and CLINTON BARRICK, a minor, by ROBERT BARRICK and DENISE BARRICK, Guardians, Plaintiffs v. DAVID JUMPER, Defendant - OF ME PRO MOND TAR 2014 APR 7 Pli I C1.111,9ERL AND.'00UNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4759 CIVIL ACTION — LAW CERTIFICATE OF SERVICE And now, this day of , 2014, I hereby certify that a copy of the foregoing Interrogatories have been served upon the following, via US First class Mail: David Jumper c/o Harold S. Irwin, III Irwin.Law Office 64 South Pitt Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP hy holle7derg , Esq. A orney ID#343 3 26 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff ROBERT BARRICK and DENISE BARRICK, Individually and CLINTON BARRICK, a minor, by ROBERT BARRICK and DENISE BARRICK, Guardians, Plaintiffs v. DAVID JUMPER, Defendant - tt a (F'f Of ! HE f' F HQNO TAR 2014 APR _ CUMBERLAND COON T f ENNS YLVAN1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11 -4759 CIVIL ACTION LAW CERTIFICATE OF SERVICE And now, this) day of 1Gipri I , 2014, I hereby certify that a copy of the foregoing Request for Production of Documents have been served upon the following, via US First class Mail: Jumper do Harold S. Irwin, Ill Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP By: Attorney ID #3434