Loading...
HomeMy WebLinkAbout04-4384IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - ( X) Law ( ) Equity Herbert Burhannan and Loretta Burhannan, his wife 2632 Lexington Street Plaintiff(s) & Address(es) Arkansas Best Corp. P. O. Box 10048 Fort Smith, AR 72917-0048 ABF Freight Systems, Inc. P. O. Box 10048 Fort Smith, AR 72917-0048 Scott Griffith 825 Laurel Avenue Lititz, PA 17543 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. Defendant(s) & Address(es) 3 Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 Name/Address/Telephone No. of Attorney nature of Attorney y Supreme Court I.D. No. 70680 Dated: August 26, 2004 1 rs: ii P - cr WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 1n Prothonotary Date: 1q q, 4 .?nl ol.UOc-( 4 , ec? ( ) Check here if reverse is issued for additional information. C Deputy SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURHANNAN HERBERT ET AL VS ARKANSAS BEST CORP ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: GRIFFITH SCOTT but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 4th , 2004 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 36.50 .00 61.50 10/04/2004 IRA WEINSTOCK Sworn and subscribed o before me this , /tr L day of C?ZS? .D 0 IJ I P)otfionotar So answe R. Thomas Kline f Sheriff of Cumberland County SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2004-04384 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BURHANNAN HERBERT ET AL VS. ARKANSAS BEST CORP ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ARKANSAS BEST CORP by United States Certified Mail postage prepaid, on the 1st day of September,2004 at 0000:00 HOURS, at PO BOX 10048 FORT SMITH, AR 72917-0048 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by TOM THOMPSON 09/05/2004 . Additional Comments: Sheriff's Costs: Docketing 18.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 Paid by IRA WEINSTOCK Sworn nyi subscri d to efore me this D day of -?. - Prothonot y ' z V a true Together The returned on So ans -? R. Thomas Kline Sheriff of Cumberland County on 10/04/2004 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2004-04384 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BURHANNAN HERBERT ET AL VS. ARKANSAS BEST CORP ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ABF FREIGHT SYSTEMS INC by United States Certified Mail postage prepaid, on the 1st day of September,2004 at 0000:00 HOURS, at PO BOX 10048 FORT SMITH, AR 72917-0048 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by TOM THOMPSON on 09/05/2004 . Additional Comments: Sheriff's Costs: Docketing 6.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 So ans ;i R. Thomas K1 Sheriff of Cumberland County on 10/04/2004 n W subscr day of oibefore me Paid by IRA WEINSTOCK l i SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1_PLAINTIFF/S/ Herbert Burhannan et al 3. DEFENDANT/S/ PLEASE TYPE DO NOT DETACH ANY COPIES. 2 COURT NUMBER 04-94384 civil 4. TYPE OF WRIT OR COMPLAINT. Arkansas Best Corp et al Writ of Simmons SERVE 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC. TO BE SERVED Scott Griffith 6. ADDRESS (Street or RFD, Apartment No., City, Boro. Twp_ State and ZIP Code) AT 825 Laurel Avenue Lititz, PA 17543 7. INDICATE UNUSUAL SERVICE: 'A DEPUTIZE 1:) OTHER Ctmlberland Now, LasAW 20 04 , I, SHERIFF OF f COUNTY, PA., do here d utize the Sherif County to execute this Writ ,?.?rr' rn ther of a to law. This deputation being made at the request and risk of the plaintiff. 7 $1 raIrr or- cope - P S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ctmlberland Please mail return of service to CLmtberland County Sheriff. Thank you. CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE .TORN R. 1XRTC;FTF. ' F..SO. 717-2.38-1657 8/30/04 12. SEND NOTICE OF SERVICE COPY T6 NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed) IRA H. WEINSTOCK, P.C. 800 NORTH SECOND ST. HARRISBURG PA. SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ 1 NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date orcomplaint as intlicate0 above ( ANNE WALTON 717-295-3609 JM 9/2/04 9/29/04 16. 1 hereby CERTIFY and RETURN that I ave personally served, ? have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ?No Service See Remarks Below (No. 30) 20. Add ress of where serv (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21.Date of Service 22. Time State and Zip Code)Aj?p_sre e (,*Af1v tf -SNHE?lF? S Q/?/? so Al-JugC. se 9zY/oy //:06 ? A 23. ATTEMPTS I Date Milos Dep.lnt. D/a?I'j?'sl?/I /Y ? Miles Dap. Int.I Data Miles I Dep. Int.I Dale Milaa Dep. Int.I Date Milts I Dap. Int. 24. Advance Qosts . Service6osts 25 R 05'174 150.00 30.50 26. Notary Cart . 27. Mill/egge/P stage/N.F O ` I 28. T2ol31 Cos Q 29. COST OUE OR REFUND Jif 11(3 30. REMARKS: S.T.A.: a - 193?0 31. AFFIRMED and subscribed to before me this 22 29,ANSWER. na o 32. SSynet not 133 Dau \D Dep. S4erif / ////?! A //l/a e otndn'lhe ry/D..ry_ .V?j 37 ._. c Il ?+$'RER F ANCA6IER COUNTY MY COMMISSION EXPIRES V 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office sZ ?s $ V ry 9 9 N 2 N o- E U V y GGG d ? a csm O O N m 9 '„ ? O>irL ieI r MQo r ¦ a c U 9 0 a N ? I x6 W ? ?? } 0 I I 9 d of Y pU ? IN? ? M co U O ? O H ? N 41 r N 4C a o 'c!> ?C,) C PW AW4 m 7 A J m T 00 T 7 Q d N C C y r o I r r' '? I a N Iru N Im 0 r c z • o n a ti co x m C ? _ nC m ti ° m me : " U o a n p p m ? -. C n n 'O N _ omC w co = m a c° rm ,= m f 5 T N? - a N r A S N O ? X Zyma 7 O y x. ? T y C7 W mom Diz 00 c _o Cl) o C W Q < ay m= T T y ' O - m a y m m G. CD m CD N d Q c Z m 0 Co -DI y 0 a m m 7 -? a ? N L A 7 _S X 2 `°m d y T John S. Dougherty, Esquire Pa. I.D. No. 70680 IRA IL WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 HERBERT BUR14ANNAN and LORETTA BURHANNAN, his wife, Attorneys for: PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 04-4384 ARKANSAS BEST CORP., ABF FREIGHT SYSTEMS, INC. and SCOTT GRIFFITH, Defendants. 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. John B. Dougherty, Esquire Pa. I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 HERBERT BURHANNAN and LORETTA BURHANNAN, his wife, Attorneys for: PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 04-4384 ARKANSAS BEST CORP., ABF FREIGHT SYSTEMS, INC. and SCOTT GRIFFITH, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, the Plaintiffs, Herbert Burhannan and ]Loretta Burhannan, by and through their counsel, Ira H. Weinstock, P.C., respectfully submit this Complaint demanding judgment in their favor against the Defendants, Arkansas Best Corp., ABF Freight Systems, Inc. and Scott Griffith and, in support thereof, aver the following: 1. Plaintiff, Herbert Burhannan, is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 2632 Lexington Street, Harrisburg, Pennsylvania, 17110. 2. Plaintiff, Loretta Burhannan, is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 2632 Lexington Street, Harrisburg, Pennsylvania, 17110. 3. Defendant, Arkansas Best Corp., is a corporation with a principal place of business located at P. O. Box 10048, Fort Smith, Arkansas. 4. Defendant, ABF Freight Systems, Inc., is a corporation with a principal place of business located at P. O. Box 10048, Fort Smith, Arkansas. 5. Defendant, Scott Griffith, is an adult individual and citizen of the Commonwealth of Pennsylvania, with a last known address of 825 Laurel Avenue, Lititz, Lancaster County, Pennsylvania, 17543. 6. On or about May 16, 2003, Plaintiff, Herbert Burhannan, was employed as a forklift operator at St. Thomas Creations located at 720 Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania. 7. At approximately 3:50 p.m., on May 16, 2003, Plaintiff, Herbert Burhannan, was operating a forklift at St. Thomas Creations and loading a tractor trailer which was owned and/or operated and/or maintained by Defendant, Arkansas Best Corporation and/or Defendant ABF Freight Systems, Inc. 8. At the aforementioned time and place, Defendant, Scott Griffith, was employed by Arkansas Best Corp, and/or ABF Freight Systems, Inc. as a tractor-trailer operator and was responsible for operating the aforementioned tractor and trailer. 9. At all times relevant hereto, Defendant, Scott Griffith, was acting as the agent, servant and/or representative of the Defendants, Arkansas Best Corp. and/or ABF Freight Systems, Inc. 10. At the aforementioned time and place, while Plaintiff, Herbert Burhannan, was operating the forklift and loading the aforementioned tractor-trailer, Defendant, Scott 2 Griffith, began to pull the tractor-trailer away from the loading dock while Plaintiff, Herbert Burhannan, was attempting to load the trailer. 11. At the aforementioned time and place, Defendant, Scott Griffith, pulled the tractor-trailer away from the loading dock causing Plaintiff, Herbert Burhannan, and the forklift he was operating to fall out of the tractor-trailer approximately seven feet on to the ground. 12. At all times relevant hereto, Plaintiff, Herbert Burhannan, operated the aforementioned forklift in a manner reasonably foreseeable, intended and/or required by his Employer. 13. At all relevant times and places, Defendant, Scott Griffith, acted as the agent and/or servant and/or employee of Defendants, Arkansas Best Corp. and/or ABF Freight Systems, Inc., and was, in turn, acting within the scope of his employment and on behalf of the Defendants. 14. At all relevant times and places, Defendants, Arkansas Best Corp. and ABF Freight Systems, Inc., acted by and through its agents and/or servants and/or employees. 15. As a result of the negligence of the Defendants, jointly and severally, Plaintiff sustained injuries, including but not limited to, a large laceration to his forehead, sprain/strain of his neck and left shoulder and contusions to the neck, shoulder and forehead. 16. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the preceding paragraphs of this Complaint, Plaintiff, Herbert Burhannan, has been obliged to receive and undergo medical attention and care and to incur various medical expenses for the injuries which he has 3 suffered and will be obliged to require in the future, medicines, medical care, hospitalization and treatment and in the future will be compelled to expend large sums of money and incur monetary obligations for such care and treatment. 17. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff, Herbert Burhannan, has been disabled and may continue to be disabled from performing his usual duties, occupations and vocations, along with a subsequent loss of earnings, earning power and earning potential, and has suffered and will continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation and disfigurement, as well as limitation and restriction of his usual activities, pursuits and pleasures. COUNT ONE - NEGLIGENCE Herbert Burhannan vs. Scott Griffith 18. Plaintiff hereby incorporates by reference Paragraph 1 through 17 as though set forth at length herein. 19. Defendant, Scott Griffith, was guilty of gross negligence, gross carelessness and gross recklessness in the following particular respects: (a) Failure to keep alert and maintain a proper watch for the presence of other individuals and/or other equipment prior to moving his tractor- trailer from the dock at St. Thomas Creations; (b) Failure to have his vehicle under such control as to be able to stop in time to prevent injury to the Plaintiff; 4 (c) Failure to perform a proper inspection of his vehicle prior to removing the vehicle from the dock; (d) Failure to operate his vehicle with due regard for the conditions which were then and there occurring or which he should have been aware of; (e) Operating his vehicle in a manner endangering persons and property in a reckless manner and with reckless disregard to the rights and safety of others. WHEREFORE, Plaintiff, Herbert Burhannan, demands judgment in his favor and against Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. COUNT TWO - NEGLIGENCE Herbert Burhannan vs. Arkansas Best Corp. and ABF Freight Systems, Inc. 20. Plaintiff hereby incorporates by reference Paragraph 1 through 19 as though set forth at length herein. 21. Defendants, Arkansas Best Corp. and/or ABF Freight Systems, Inc., were guilty of gross negligence, gross carelessness and/or gross recklessness in the following particular respects: (a) Defendants negligently entrusted the motor vehicle in question to Defendant, Scott Griffith, who was known or should have been 5 known to Defendant as having a propensity for negligent operation of a motor vehicle; (b) Defendants negligently entrusted the motor vehicle in question to Defendant, Scott Griffith, who was known or should have been known to Defendant as being inexperienced, underexperienced or untrained in the operation of the motor vehicle under the circumstances relevant herein; (c) Defendants failed to adequately maintain the vehicle and/or provide safeguards to prevent the negligent operation of the vehicle; and (d) Defendants failed to use due care in testing, training or monitoring Defendant, Scott Griffith. WHEREFORE, Plaintiff, Herbert Burhannan, demands judgment in his favor and against Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. COUNT THREE - LOSS OF CONSORTIUM Loretta Burhannan vs. Scott Griffith, Arkansas Best Corp. and ABF Freight Systems, Inc. 22. Plaintiff hereby incorporates by reference Paragraph 1 through 21 as though set forth at length herein. 6 24. At all times material hereto, Plaintiff, Loretta Burhannan, was the lawfully wedded wife of Plaintiff, Herbert Burhannan. 25. As a result of the aforementioned injuries sustained by her husband, Plaintiff, Loretta Burhannan, has been and may in the future be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment and a claim in made therefore. WHEREFORE, Plaintiff, Loretta Burhannan, demands judgment in her favor and against Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: ?, OHN B. DOUGH TY Attorney I.D. No. 70680 7 COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) We verify that the statements made in the attached Complaint are true and correct. We understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: DATED: © O5 HE3R BURHANNAN f ?. I ORETTA B RHANNAN CERTIFICATE OF SERVICE AND NOW, this ,t 30( day of cT?c -1 2005, I, John B. Dougherty, Esquire, attorney for Plaintiffs, hereby certify that I served the within COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Marc T. Levin, Esquire FARRELL & RICCI, P.C. 4423 North Front Street Harrisburg, PA 17110 By:ji?n / t ??? JOHN B. D UGH TY h-J c:_ d T T i 11 ' rn C j z- Herbert Burhannan and Loretta Burhannan, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4384 Vs. Arkansas Best Corp., ABF Freight Systems, Inc, and Scott Griffith, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS ARKANSAS BEST CORP.. ABF FREIGHT SYSTEMS. INC.. AND SCOTT GRIFFITH, DEFENDANT AND NOW, come Defendants, Arkansas Best Corp, ABF Freight Systems, Inc, and Scott Griffith, by and through their counsel, Farrell & Ricci, P.C., by Lawrence F. Barone, Esquire and replies to Plaintiffs' Complaint as follows: 1-2. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averment and accordingly denies same, strict proof being demanded at the time of trial, if deemed material. 3-5. Admitted. 6. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averment and accordingly denies same, strict proof being demanded at the time of trial if deemed material. 7. Denied. The averments contained in this paragraph are denied in conformity with PA.R.C.P. 1029(e). 8. Admitted. 9. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent the affirmative response may be required said averments are specifically and equivocally denied and strict proof, therefore, is demanded at time of trial, if deemed material. 10. Denied. The averments contained in this paragraph are denied in conformity with PA.R.C.P. 1029(e). 11. Denied. The averments contained in this paragraph are denied in conformity with PA.R.C.P. 1029(e). 12. Denied. The averments contained in this paragraph are denied in conformity with PA.R.C.P. 1029(e). 13. Admitted in part. It is admitted that Defendant, Scott Griffith was an employee of ABF Freight Systems, Inc. The remaining averments contained in the paragraph are denied as conclusions of law to which no response is required. To the extent that a response is required said averments are denied. Strict proof is demanded at the time of trial, if deemed material. 14. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent affirmative response may be required, said averments are specifically and unequivocally denied and strict proof, therefore, is demanded at time of trial, if deemed material 15. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent the affirmative response may be required said averments are specifically and equivocally denied and strict proof, therefore, is demanded at time of trial, if deemed material. By way of further response, Defendants 2 deny that they were negligent. To the extent the averments contained in this paragraph are averments of the latest damages, they are denied since after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, are therefore denied. Strict proof, therefore, is demanded at time of trial, if deemed material. 16. Denied. To the extent the averments contained in this paragraph are averments of proximate causation, they are conclusions of law to which no affirmative responses are required. To the extent affirmative response may be required, said averments are specifically and unequivocally denied and strict proof, therefore, is demanded at the time of trial, if deemed material. To the extent the averments contained in this paragraph are remnants of alleged damages, they are denied since after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies the same. Strict proof, therefore, is demanded at the time of trial, if deemed material. 17. Denied. To the extent the averments contained in this paragraph are averments of proximate causation, they are conclusions of law to which no affirmative responses are required. To the extent affirmative response may be required, said averments are specifically and unequivocally denied and strict proof, therefore, is demanded at the time of trial, if deemed material. To the extent the averments contained in this paragraph are remnants of alleged damages, they are denied since after reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, 3 denies the same. Strict proof, therefore, is demanded at the time of trial, if deemed material. COUNT ONE-NEGLIGENCE HERBERT BURHANNAN V. SCOTT GRIFFIT'H 18. Answering Defendants incorporate by reference its responses to Paragraphs 1 through 17 of the Complaint as if more fully set forth herein at length. 19a-e. Denied. The averments contained in these ;paragraphs are conclusions of law to which no affirmative response is required. To the extent affirmative responses may be required, said averments are specifically and unequivocally denied and strict proof, therefore, is demanded at time of trial, if deemed material. By way of further answer, to the extent the affirmative responses may be required, said averments and their subparts are denied in conformity with PA.R.C.P. 1029(e), and said averments are specifically and unequivocally denied. Strict proof, therefore, is demanded at time of trial, if deemed material. WHEREFORE, Answering Defendants respectfally requests that judgment be entered in their favor and against the Plaintiffs, and that Answering Defendants be awarded appropriate cost and fees. COUNT TWO-NEGLIGENCE HERBERT BUCANNAN V. ARKANSAS BEST CORP., AND ABF FREIGHT SYSTEMS, INC. 20. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 19 of the Complaint as if more fully set forth herein at length. 4 21. Denied. The averments contained in these paragraphs are conclusions of law to which no affirmative response is required. To the extent affirmative responses may be required, said averments are specifically and unequivocally denied and strict proof, therefore, is demanded at time of trial, if deemed material. By way of further answer, to the extent the affirmative responses may be required, said averments and their subparts are denied in conformity with PA.R.C.P. 1029(e), and said averments are specifically and unequivocally denied. Strict proof, therefore, demanded at time of trial, if deemed material. WHEREFORE, Answering Defendants respectfully requests that judgment be entered in their favor and against the Plaintiffs, and that Answering Defendants be awarded appropriate cost and fees. COUNT THREE-LOSS OF CONSORTIUM LORETTA BURHANNAN V. SCOTT GRIFFITH, ARKANSAS BEST CORP., AND ABF FREIGHT SYSTEMS, INC. 22. Answering Defendants incorporate by reference their response to Paragraphs 1 through 21 of the Complaint as if more fully set forth herein at length. 24.(sic) Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averment and accordingly denies same. Strict proof, therefore, is demanded at the time of trial, if deemed material. 25. Denied. The averments contained in this paragraph are denied in conformity with PA.R.C.P. 1029(e). 5 WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against the Plaintiffs, and that Answering Defendants be awarded appropriate cost and fees. NEW MATTER 26. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 27. The applicable Statute of Limitations may have expired prior to the institution of this action. 28. Answering Defendants were not negligent. 29. Any acts or omission of Answering Defendants alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 30. The incident and/or damages described in Plaintiffs' Complaint may have been caused or contributed to by the Plaintiffs. 31. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding, causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 32. The Plaintiffs may have assumed the risk. 33. The Plaintiffs may have been contributorily negligent. 34. The incident, injuries and/or damages alleged to have been sustained by Plaintiff were not proximately caused by Answering Defendant. 35. Plaintiffs may not have properly mitigated their damages. 6 WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor, and against the Plaintiffs, and that Answering Defendants be awarded appropriate costs and fees. Respectfully submitted, F.ARRELL & RICCI, P.C. By: awrence F. Barone, Esquire Attorney I.D. No. 68921 4,123 North Front Street Barrisburg, PA 17110 (717) 230-9201 Counsel for Defendants Dated: August 30, 2005 7 ATTORNEY AFFIDAVIT I, Lawrence F. Barone, Esquire, hereby verify that I am the attorney representing the interests of the Defendants, Arkansas Best Corp., ABF Freight Systems, Inc. and Scott Griffith in the foregoing action, and verify that the statements made in the attached Answer with New Matter of Defendants are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties set forth in 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Lawrence F. Barone, Esquire Attorney I.D. No. 68921 Counsel for Defendants Herbert Burhannan and Loretta Burhanna, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4384 VS. Arkansas Best Corp., ABF Freight Systems, Inc, and Scott Griffith, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lawrence F. Barone, Esquire, hereby certify that on this 301h day of August, 2005, I served a true and correct copy of the foregoing Answer with New Matter of Defendants, Arkansas Best Corp., ABF Freight Systems, Inc. and Scott Griffith, upon all parties of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Counsel for Plaintiffs FARRELL & RICCI, P.C. By: Lawrence; F. Barone, Esquire Attorney I.D. No. 68921 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Attorney for Defendants ' C Him c..a mm o u -: ,f rri J7- rn ?13 John B. Dougherty, Esquire Pa. I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 HERBERT BURHANNAN and LORETTA BURHANNAN, his wife, Attorneys for: PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 04-4384 ARKANSAS BEST CORP., ABF FREIGHT SYSTEMS, INC. and SCOTT GRIFFITH, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER OF DEFENDANTS ARKANSAS BEST CORP., ABF FREIGHT SYSTEMS, INC. AND SCOTT GRIFFITH 26. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 27. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 28. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 29. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 30. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 31. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 32. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 33. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 34. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 3 35. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. WHEREFORE, Plaintiffs, Herbert Burhannan and Loretta Burhannan, demand judgment in their favor and against Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By / %o .f4 JOHN B. DOUGHERVf7 Attorney I.D. No. 70680 4 CERTIFICATE OF SERVICE AND NOW, this 4?A day of September, 2005, I, John B. Dougherty, Esquire, attorney for Plaintiffs, hereby certify that I served the within Answer to New Matter of Defendants this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Lawrence F. Barone, Esquire FARRELL & RICCI, P.C. 4423 North Front Street Harrisburg, PA 17110 By: ?/TLv '6. J?j-C JOHN B. DOU HER ? ? fa 'S't ,, i is ?? GJ -??..' ? f.J .. . ,`, Lawrence F. Barone, Esquire FARRELL & Ricci, PC 4423 North Front Street Harrisburg, PA 17110 717-230-9201 Herbert Burhannan and IN THE COURT OF COMMON PLEAS OF Loretta Burhannan, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-4384 VS. Arkansas Best Corp., ABF Freight Systems, Inc, and Scott Griffith, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Kindly affix the attached Verifications to Answer with New Matter to Plaintiffs Complaint of Defendants Arkansas Best Corp, ABF Freight Systems, Inc, and Scott Griffith, which was filed with the Court on August 30, 2005 in the above-captioned matter. Date: l0 ,3 0 V Res ctf yitted, Lawrence F. Barone, Esquire Attorney I.D. No. 68921 Farrell & Ricci, P.C. 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 PR-531 VERIFICATION I hereby verify that the facts set forth 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: ?? 05 VERIFICATION I hereby verify that the facts set forth 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: ckg. " .?" Jeanie Solley CERTIFICATE OF SERVICE AND NOW, this 3d day of d BPD 2005, I hereby certify that I served a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 FAR RE RICCI, P. N ? ,?F W trt J CIO Commonwealth of Pennsylvania Cumberland County CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 Herbert Burhannan and : IN THE COURT OF COMMON PLEAS OF Loretta Burhannan, his wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. NO. 04-4384 Arkansas Best Corp., ABF Freight Systems, Inc, and Scott Griffith, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED (1) a Notice of Intent to Serve Subpoenas with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena(s) are sought to be served; (2) a copy of the Notice of Intent to Serve Subpoenas, including the proposed subpoena(s), are attached to this Certificate (see Exhibit "X); (3) no objection to the subpoena(s) has been received; and (4) the subpoena(s) which will be served are identical to the subpoena(s) which are attached to the Notice of Intent to Serve Subpoeans. FARRELL & FRATICELLI, P.C. By: Michael A. Farrell, Esquire Attorney I.D. No. 41067 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Attorney for Defendants, Arkansas Best, Date: August 3, 2006 ABF Freight Systems, Inc. and Scott Griffiths Michael A. Farrell, Esquire FARRELL & FRATICELLI, PC 4423 North Front Street Harrisburg, PA 17110 717-230-9201 Herbert Burhannan and Loretta Burhannan, his wife, Plaintiffs VS. Arkansas Best Corp., ABF Freight Systems, Inc, and Scott Griffith, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4384 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA.R.C.P. 4009.21 TO: John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 YOU ARE HEREBY notified that Defendants, Arkansas Best Corporation, ABF Freight Systems, Inc., intends to serve a subpoena identical to the one attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned counsel for serving party an objection to the subpoena. If no objection is made, the subpoena may be served. FARRELL & FRATICELLI, P.C. Michael A. Farrell, Esquire Attorney I.D. No. 41067 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Attorney for Defendants, Arkansas Best, Date: July 13, 2006 ABF Freight Systems, Inc. and Scott Griffiths COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herbert Burhannan and Loretta Burhannan, his wife File No. 04-4384 Vs. Arkansas Best Corp., ABF CIVIL ACTION - LAW Freight Systems, Inc., and Scott Griffith SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cummings Associates, P.C. (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: Any and all records,including but not limited to, off:iee.notes, nursing notes, reports, x-rays, lab studies, histories, summaries, operative reports, billings and correspondence relating to Herbert Burhannan. at Farrell & Fraticelli, P.C., 4423 North Front St.,. arrisbura, PA 17110 (Address) 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: ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR Date: -JIU M6 6 'Seal of the Coult JUN -- 0 2006 Herbert Burhannan and Loretta Burhanna, his wife, Plaintiffs VS. Arkansas Best Corp., ABF Freight Systems, Inc, and Scott Griffith, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 04-4384 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael A. Farrell, Esquire, hereby certify that on this 14th day of July, 2006, I served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena, upon all parties of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John B. Dougherty, Esquire IRA H. WEINSTOCY, P.C. 800 North Second Street Harrisburg, PA 17102 Counsel for Plaintiffs FARRELL & FRATICELLI, P.C. By. Michael A. Farrell, Esquire Attorney I.D. No. 41067 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Attorney for Defendants Herbert Burhannan and Loretta Burhanna, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 04-4384 Arkansas Best Corp., ABF Freight Systems, Inc, and Scott Griffith, Defendants : CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael A. Farrell, Esquire, hereby certify that on this 3rd day of August, 2006, 1 served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena, upon all parties of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Counsel for Plaintiffs FARRELL & FRATICELLI, P.C. r By: J Michael A. Farrell, Esquire Attorney I.D. No. 41067 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Attorney for Defendants ? ? a n ? c? t "' ?, g ? ?+ ?S ? .? w -c John B. Dougherty, Esquire Pa. I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 Attorney for: PLAINTIFFS HERBERT BURHANNAN and LORETTA BURHANNAN, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 04-4384 ARKANSAS BEST CORP., ABF FREIGHT SYSTEMS, INC. and SCOTT GRIFFITH, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PR ARC'.IPF. TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: , 1 0o4=cL47,T-- JOHN B. DOUG RTY Atty. I.D. No. 70680 DISCONTINUANCE AND NOW THIS day of f , 2008, the above-captioned case is hereby marked settled, discontinued and end . PROTHONOTARY: By: CERTIFICATE OF SERVICE AND NOW, this 4th day of April, 2008, I, JOHN B. DOUGHERTY, Esquire, attorney for the Plaintiffs, hereby certify that I served the within PRAECIPE this day by mailing the same to: Michael A. Farrell, Esquire FARRELL & FRATICELLI, P.C. 4423 North Front Street Harrisburg, PA 17110 By: JOHN B. DOUGHER ?. ?" ???, : ? -o Y. ??. t -.,? _ : . ? ` r . s