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Home My WebLink About04-5190V? CLARENCE J. HAR.TMAN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-5 /?CIVIL TERM PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW Defendants PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, PAUL PEACHEY and BUTLER TRUCKING, and enter my appearance on behalf of the plaintiff, Clarence J. Hartman, Jr. Please direct the Sheriff to serve the defendant as follows: Paul Peachey Butler Trucking 36 Peachey Road P. O. Box 88 Belleville, PA. 17004 Woodland, PA 16881 Respectfully submitted, II2WIN 0,M KNIGHT By. Marc s A. Mc ht II, Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 October 15, 2004 To: PAUL PEACHEY and BUTLER TRUCKING You are hereby notified that Clarence J. Hartman, Jr., plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you PROTHONOTAI By: JJ C FSEP TY Date: ? , 2004 I/ CLARENCE J. HARTMAN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2004 :SlCto CIVIL TERM PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW Defendants PRAECIPE TO REISSUE A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, PAUL PEACHEY and BUTLER TRUCKING, and enter my appearance on behalf of the plaintiff, Clarence J. Hartman, Jr. Please direct the Sheriff to serve the defendant as follows: Paul Peachey 36 Peachey Road Belleville, PA 17004 Butler Trucking Route 970 Woodland, PA 16881 Respectfully submitted, IRWIN & McK GH' By: MarclA. McKnO{ II, Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 November 19, 2004 To: PAUL PEACHEY and BUTLER TRUCKING You are hereby notified that Clarence J. Hartman, Jr., plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. PRO fiNOTARY By: DEPUTY Date: ?&,e ? t 9 , 2004 ?''? r7 .r. ' _..? '" 7- _?_ f... ? t.t r e_C e '-'t (~ ? a._ ., .???1 - - 4'?,7 (.f i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARTMAN CLARENCE J JR VS PEACHY PAUL ET AL R. Thomas Kline , duly sworn according to law, say; and inquiry for the within named PEACHEY PAUL _ but was unable to locate Him deputized the sheriff of MIFFLIN serve the within WRIT OF SUMMONS Sheriff or Deputy S eriff who being that he made a diligent search and DEFENDANT to wit: in his bailiwick. H therefore County, P nnsylvania, to On January 25th , 2005 , this office was in re eipt of the attached return from MIFFLIN Sheriff's Costs: So answers.,;,,.,,-- -" Docketing 18.00 Out of County 9.00 -^ C Surcharge 10.00 R. Thomas Kline Dep Mifflin Co 39.58 Sheriff of Cumberla d County .00 76.58 01/25/2005 MARCUS MCKNIGHT Sworn and subscribed to before me this day of A. D. Prothonotary I a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARTMAN CLARENCE J JR VS PEACHY PAUL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a di igent search and and inquiry for the within named DEFENDANT t wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CLEARFIELD serve the within WRIT OF SUMMONS On January 25th , 2005 , this office was in receipt of the attached return from CLEARFIELD .00 47 12 Sworn and subscribed to before me this day of? A. D. Prothonotary Sheriff's Costs: So answera.--` Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Clearfield Co 22.12 Sheriff of Cumberla 01/25/2005 MARCUS MCKNIGHT County, Pennsylvania, to id County . In The Court of Common Pleas of Cumberland County, Peninsylvania Clarence J. Hartman Jr. vs. Paul Peachey et al SERVE: Paul Peachey 045190 civil No. Now, Novembre 23, 2004 , I, SHERIFF OF CUMBERL COUNTY, PA, do hereby deputize the Sheriff of Mifflin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Nc wi up at by a and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE _ me this day of , 20 MILEAGE _ AFFIDAVIT copy of the original the contents thereof. County, PA Joseph A. Bradley, Sheriff Baron K. Lewis , Chief Deputy Laurie J. Kozak , Deputy Christoher S. Shade , Deputy SHERIFF'S OFFICE MIFFLIN COUNTY 20 North Wayne Street Lewistown, PA 17044 (717) 242-1105 - (717) 242-1808 Fax: (717) 248-2907 David W. Molek, Solicitor (717) 248-9656 Plaintiff: Clarence J Hartman Jr Court N umber: 5190-04 County: Cumberland Co Defendant: Paul Peachey Type of Writ or Complaint: ? Writ Writ of Sum ions Complaint Name: Paul Peachey Address: 36 Peachey Rd elleville Pa Serve At Name: Address: Indicate Unusual Service: ? Comm. of Pa. ? Deputization ? Other Now 20 I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of County to execute this Writ and make return there of according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co. Special Instructions or other information that will assist in expediting service: Attorney or other Organization requesting service: Telephone N : Date Filed: Cumberland Cc Sheriff (717) 240-6390 11/24/2004 ackno edge e t_of the or plaint as indicated above: Date Receive : Exp. Date: r ri X 11/24/2004 12/24/2004 ereby ERTIFY and RETURN at I [] have personally served. ? have lecial a idence of servi ce as shown in "Remarks", ? have executed as shown in "Remarks", the Writ or Complaint describe on the individual, company corporation, etc. at the address shown above or on the individual, company, corporation, tc., at the address inserted below, handing a TRUE and ATTESTED copy thereof. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: ? A perso of suitable age and discretion Served Paul Peachey then residing at the def endent's usual place of abode. Address where served (complete only if different than shown above) ate of Service: Time: 1 u'3n/9nnd 4 n Or ARA Attempts Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. 2 11/24/2004 28 BKL 11!30/2004 28 BKL Advance Costs Service Costs Mileage Postage Surcharge Notary Total Refund $75.00 $18.00 $18.58 $1.00 $0.00 $2.00 $39.58 $35.42 F rtaI I 101 NZ). ?Jtr vii lul Nut:) Sworn to and subscribed before me this -mofi?.,. Al o. A,. IAA .,,..AJ. X X11 141 Notary Public Notarial Sea; So Answers: NOTARIAL SEAL PATRICIA A. WILSON, Notary Public Lewistown Boro, Mifflin County My Commission Expires March 31, 2007 Deputy $pe f aron K Lewis 12/1/2004 Sherif Jose h A. Brad! 12/1/2004 X ? ?, V In The Court of Common Pleas of Cumberland County, Pennsylvania Clarence J. Hartman Jr. Vs. Paul Peachey et al SERVE: Butler Trucking 045190 civil No. Novembre 23, 2004 Now, , I, SHERIFF OF CUMBERL COUNTY, PA, do hereby deputize the Sheriff of Clearfield County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 1• Sberiff of Cumberland County, PA Ni wi up at by a and made known to Sworn and subscribed before me this day of , 20 the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAV: IN THE COURT OF COMMON PLEAS OF CLEWW-FELD COUNTY, PENNSYLVANIA PLAINTIFF: CLARENCE J. HARTMAN, JR. vs. DEFENDANT: PAUL PEACHEY and BUTLER TRUCKING DOCKET # 100026 NO: 2004-5190 CIVIL TERM SERVICE # 1 OF 1 WRIT OF SUMMONS SHERIFF RETURN NOW, December 02, 2004 AT 11:01 AM SERVED THE WITHIN WRIT OF SUMMONS N BUTLER TRUCKING DEFENDANT AT RT. 970, WOODLAND, CLEARFIELD COUNTY, PENNSYLVANIA, BY ANDING TO MIKE BUTLER, VICE PRESIDENT A TRUE AND ATTESTED COPY OF THE ORIGINAL WRIT OF SUMMONS AND MADE KNOWN THE CONTENTS THEREOF. SERVED BY: NEVLING / COUDRIET PURPOSE SHERIFF HAWKINS Sworn to Before Me This VENDOR Cumberland Co.Shff Day of as 2005 .f ? Sr .^^' i ?.... .Y i x.? i WILLIAM A. SHAW Prothonotary My Commission Expires Is; Nvnrdav in :"n. 2006 Cloariie!d Co.. C3,-'- t-: (I, PA CHECK # 47982 AMOUNT 22.12 So Answers, ?17 Chester A. Hawkin Sheriff No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plaintiff, V. PAUL PEACHEY and BUTLER TRUCKING, Defendants. CIVIL ACTION - LAW No. 2004-5190 CIVIL TERM Issue No. PRAECIPE FOR APPEARANCE Code: Filed on behalf of Defendants Counsel of record for these parties: John T. Pion, Esquire PA I.D. # 43675 Christopher J. McCabe, Esquire PA I.D. # 89378 DICKIE, MCCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., ) Plaintiff, ) V. ) PAUL PEACHEY and ) BUTLER TRUCKING, ) Defendants. ) CIVIL DIVISION No. 2004-5190 CIVIL TERM PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the defendants, PAUL PEACHEY and BUTLER TRUCKING, regarding the above-referenced matter. A JURY TRIAL IS DEMANDED. DICKIE, McCAMEY & CHILCOTE, P.C. T. Pion, Esq. 'aF J. McCabe, Esq. Two PPG Place; bite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants No. 2004-5190 CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance was served upon counsel of record by U.S. mail, postage prepaid, this day of November, 2005, as follow: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. T. Pion, Esq. Two PPG Plate, Suite 400 Pittsburgh, PA (412) 281-7272 Counsel for Defendants ,..y f l] t? iGO No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plairtiff. V. PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW No. 2004-5190 CIVIL TERM Issue No. PRAECIPE FOR RULE TO FILE COMPLAINT Defendants. Code: Filed on behalf of Defendants Counsel of record for these parties: John T. Pion, Esquire PA I.D. # 43675 Christopher J. McCabe, Esquire PA I.D. # 89378 DICKIE, MCCAMEY & CHILCOTE, P.C. Firm #067 Two PPG P1acc, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plaintiff, CIVIL DIVISION No. 2004-5190 CIVIL TERM V. PAUL PEACHEY and BUTLER TRUCKING, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue the necessary Rule upon Plaintiff to file a Complaint in the above-referenced matter within twenty (20) days of service thereof, or suffer Judgment of Non-Pros. A JURY TRIAL IS DEMANDED. DICKIE, McCAMEY & CHILCOTE, P.C. By John T. Pion, Esq. Christopher J. McCabe, Esq. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants NOVEMBER 10, 2005, RULE TO FILE COMPLAINT ISSUED. 1 CU IS R. _ Lee , P ONO MI L No. 2004-5190 CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint was served upon counsel of record by U.S. mail, postage prepaid, this 2 day of November, 2005, as follow: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. r-. By John T. Pion, Esq. Two PPG Place, Site 400 Pittsburgh, PA 15222! 5402 (412) 281-7272 Counsel for Defendants i C: i "I7 -i [ i .'15 O < No.2004-5190 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plaintiff, V. PAUL PEACHEY and BUTLER TRUCKING, Defendants. CIVIL ACTION - LAW No. 2004-5190 CIVIL TERM Filed on behalf of Defendants Issue No. Counsel of record for these parties: PRAECIPE FOR APPEARANCE John T. Pion, Esquire PA I.D. # 43675 Code: John W. Burns, Esquire PA I.D. # 84269 DICKIE, MCCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., ) Plaintiff, ) V. ) PAUL PEACHEY and ) BUTLER TRUCKING, ) Defendants. ) CIVIL DIVISION No. 2004-5190 CIVIL TERM PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the defendants, PAUL PEACHEY and BUTLER TRUCKING, regarding the above-referenced matter. A JURY TRIAL IS DEMANDED. DICKIE, McCAMEY & CHI LCOTE, P.C. B T. Pion, Esq. W. Burns, Esq. Two PPG Piace, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants No. 2004-5190 CERTIFICATE OF SERVICE I, John W. Burns, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance was served upon counsel of record by U.S. mail, postage prepaid, this 2nd day of December, 2005, as follow: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. By ohn W. Bums, Esq. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants y ?? ll T ?? ?(V U\ r 1 .._ L`` No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plaintiff, V. PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW No. 2004-5190 CIVIL TERM Issue No. NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON-PROS Defendants. Code: Filed on behalf of Defendants Counsel of record for these parties: John T. Pion, Esquire PA I.D. # 43675 John W. Burns, Esquire PA I.D. # 84269 DICKIE, MCCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plaintiff, CIVIL DIVISION No. 2004-5190 CIVIL TERM V. PAUL PEACHEY and BUTLER TRUCKING, Defendants. NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON-PROS DATE OF NOTICE: December 5, 2005 IMPORTANT NOTICE TO: Marcus A. McKnight, III, Esquire YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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 McCAMEY & CHILCOTE, P.C. By Counsel No. 2004-5190 CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing Notice of Praecipe to Enter Judgment of Non-Pros was served upon counsel of record via certified U.S. mail, postage prepaid, this ?t-R_ day of December, 2005, as follow: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. Pion, Two PPG Place, Su400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants ? ? _ ?;-. ,, CLARENCE J. HARTMAN, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 204- 5190 CIVIL TERM PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 CLARENCE J. HARTMAN, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2005 - 5190 CIVIL TERM PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, this 15`h day of December 2005 comes the Plaintiff, CLARENCE J. HARTMAN, JR., by his attorneys, Irwin & McKnight, and makes the following Complaint against the defendants, PAUL PEACHEY and BUTLER TRUCKING: 1. The Plaintiff is Clarence J. Hartman, Jr., an adult individual residing at 9 Wyrick Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Paul Peachey, is an adult individual residing at 36 Peachey Road, Belleville, , Pennsylvania 17004 3. The Defendant, Butler Trucking, with its business address being Route 970, Woodland, Pennsylvania 16881. 4. On Tuesday, November 19, 2002, at approximately 11:55 p.m., the Plaintiff, Clarence J. Hartman, Jr., operating his 1983 automobile, was travelling south on I-81 in Cumberland County, Pennsylvania. 5. In the course of travelling south on I-81, a tractor trailer owned by Butler Trucking and driven by Paul Peachey struck the Plaintiff's vehicle from behind. 3 6. The Plaintiff, was travelling in excess of 50 miles per hour when the incident occurred. 7. The tractor trailer operated by Paul Peachey stuck the rear of the Plaintiff's automobile causing it to travel forward and onto the berm of the road striking the guard rail. 8. The accident and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Paul Peachey 9. The accident occurred without warning due to the inattention of the Defendant, Paul Peachey. 10. The Defendant, Paul Peachey, was negligent and careless as follows: a. He failed to maintain his vehicle under proper control in an effort to avoid an accident; b. He was not paying attention to the highway; C. He failed to avoid striking the rear of the Plaintiff's vehicle; and d. He failed to provide the Plaintiff any warning of the pending collision. 11. The negligent actions of the Defendant, Paul Peachey, were the proximate cause of the injuries to the Plaintiff, Clarence J. Hartman, Jr. 12. The actions of the Defendant showed reckless indifference to the welfare of the Plaintiff. 4 13. The Plaintiff suffered multiple injuries to his chest, right arm, right wrist, neck, and back as a direct result of the accident and was treated for those injuries. 14. The Plaintiff was treated for multiple injuries as a result of the accident. 15. The Plaintiff seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures and permanent injuries sustained in the accident as well as compensation for future losses he will incur in these areas from the Defendant, Paul Peachey. 16. The Plaintiff seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries and any lost income from his work which occurred or will occur as a result of the injuries he sustained in the accident. 17. The Plaintiff also seeks compensation for the serious and permanent injuries which he has sustained which has caused extensive pain and suffering. 18. The Defendant, Paul Peachey, was the agent of the Defendant, Butler Trucking, and said Butler Trucking is liable for the negligent actions of its agent. VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. VW /.,( Qn? CLARENCE J. HARTMAN, JR. Date: December 15, 2005 7 WHEREFORE, the Plaintiff, Clarence J. Hartman, Jr., requests compensation and damages from the Defendants, Paul Peachey and Butler Trucking, in the amount in excess of Thirty-Five Thousand and no/100 ($35,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & By: Marc s A cKnight,' II, Esquire 60 W omfret Street Carlisl , Pennsylvania 1 013 (717)2 -2353 Supreme Court I.D. No. 25476 Attorney for plaintiff' Date: December 15, 2005 6 CLARENCE J. HARTMAN, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2005 - 5190 CIVIL TERM PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE 1, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John T. Pion, Esq. John W. Burns, Esq. DICKIE, McCAMEY & C14ILCOTE Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 IRWIN & By: 60 West Pomfret Strek Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 15, 2005 8 ,. ?_ . No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plaintiff, V. PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW No. 2004-5190 CIVIL TERN! Issue No. NOTICE OF SERVICE OF DISCOVERY REQUESTS Defendants. Code: Filed on behalf of Defendants Counsel of record for these parties: John T. Pion, Esquire PA I.D. # 43675 John W. Burns, Esquire PA I.D. # 84269 DICKIE, MCCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., ) Plaintiff, ) V. ) PAUL PEACHEY and ) BUTLER TRUCKING, ) Defendants. ) CIVIL DIVISION No. 2004-5190 CIVIL TERM NOTICE OF SERVICE OF DISCOVERY REQUESTS TO: PROTHONOTARY Kindly take notice that Interrogatories Directed to Plaintiff and Requests for Production of Documents Directed to Plaintiff was served upon, Marcus A. Knight, III, Esquire, 60 West Pomfret Street, Carlisle, PA on this day of December, 2005. DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 1.5222-5402 (412) 281-7272 B -?? Y hn T. Pion, Esq. ohn W. Burns, Esq. Counsel for Defendants No. 2004-5190 CERTIFICATE OF SERVICE I, John W. Burns, Esquire, hereby certify that a true and correct copy of the foregoing NOTICE OF SERVICE OF DISCOVERY REQUESTS was served upon counsel of record by U.S. mail, postage prepaid, this q?- day of December, 2005, as follow: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. B W. Burns, Esq. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants 2 r? ?` ' ?? -n ?_ ?? -a -. .?_ , r. 4 ") _`=? _?. y;T-. -{ •• :J 3.:1 .. ., L7? No.2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARENCE J. HARTMAN, JR., Plaintiff, V. PAUL PEACHEY and BUTLER TRUCKING, CIVIL ACTION - LAW No. 2004-5190 CIVIL TERM Issue No. PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendants. Code: Filed on behalf of Defendants Counsel of record for these parties: John T. Pion, Esquire PA I.D. # 43675 John W. Burns, Esquire PA I.D. # 84269 DICKIE, MCCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN[A CLARENCE J. HARTMAN, JR., ) Plaintiff, ) V. ) PAUL PEACHEY and ) BUTLER TRUCKING, ) Defendants. ) CIVIL DIVISION No. 2004-5190 CIVIL TERM PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW come Defendants Paul Peachey and Butler Trucking, by and through their counsel, Dickie, McCamey & Chilcote, P.C., and file the following Preliminary Objections to Plaintiff's Complaint, and in support thereof aver as follows: Plaintiff initiated this action by the tiling of a Praecipe to Issue Writ of Summons on or about November 19, 2004. 2. On or about December 15, 2005, Plaintiff filed the Complaint in this matter sounding in negligence. 3. This action arises from an accident which occurred on or about November 19, 2002 on Interstate I-81 in Columbia County, Pennsylvania and which involved vehicles owned and/or operated by the above-referenced parties. 4. Plaintiff's Complaint makes allegations of negligence with regard to Defendants in causing the accident. 5. In Plaintiff's Complaint at Paragraph 12, the Plaintiff pleads that, "The actions of the Defendant showed reckless indifference to the welfare of the Plaintiff." See Plaintiff's Complaint at Paragraph 12. No.2004-5190 6. Plaintiff does not make any reference to or request in his prayer for relief any punitive damages be assessed the Defendants. 7. Pursuant to Pa.R.C.P. 1028(a)(2), because Plaintiff is not seeking punitive damages in this case, the reference in Paragraph 12 that the actions of the Defendants "showed reckless indifference" is impertinent matter and is further not legally recoverable in a negligence action. Sciford E.G. Hudock v. Donegal Mutual Insurance Company, 438 Pa. 272, 277 n. 2, 264 A.2d 668, 671 n. 2 (1970). 8. Under Pennsylvania law, the function of punitive damages is to deter and punish egregious behavior. See In Re: TMI, 67 F.3 `d 1119(3 Id Cir. 1995), certiorari denied, Metropolitan Edison Company v. Dodson, 116 S.Ct. 1560, 134 L.Ed.2d 660. 9. Further, the assessment of punitive damages in Pennsylvania is only proper when a person's actions are of such an outrageous nature as to demonstrate an intentional, willful, wanton, or reckless conduct and are awarded to punish that person for such conduct. See HSV Coal, Inc. v. Continental Green Company, 526 Pa. 489, 587 A.2d 706 (1991), re-argument denied. 10. Because Plaintiff's Complaint does not include a request for punitive damages, the reference in Paragraph 12 is clearly impertinent. Paragraph 12 should be stricken. It. Further, because Plaintiff's Complaint sounds in negligence and does not contain factual allegations sufficient to specifically demonstrate how Defendants' conduct was sufficient to award punitive damages, any such references should be stricken from this Complaint. 2 No. 2004-5190 WHEREFORE, Defendants, Paul Peachey and Butler Trucking, respectfully request that this Honorable Court grant their Preliminary Objections and enter the attached Order thereby striking Paragraph 12 of Plaintiff's Complaint with prejudice. DICKIE, McCAMEY & CHILCOTE, P.C. By >x? J n T. Pion, Esq. ohn n W. Burns, Esq. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants No. 2004-5190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CLARENCE J. HARTMAN. JR., Plaintiff, V. PAUL PEACHEY and BUTLER TRUCKING, Defendants. AND NOW, to-wit, this CIVIL DIVISION No. 2004-5190 CIVIL TERM ORDER OF COURT day of 2006, it is hereby ORDERED, ADJUDGED and DECREED that Defendants' Preliminary Objections are GRANTED and Paragraph 12 of Plaintiff's Complaint is stricken with prejudice. BY THE COURT, No. 2004-5190 CERTIFICATE OF SERVICE I, John W. Burns, Esquire, hereby certify that a true and correct copy of the foregoing Preliminary Objections was served upon counsel of record by U.S. mail, postage prepaid, this d day of 200-L, as follow: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. By _ hn W. Burns, Esq. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants ?, ...? ;; ; Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Ll- - 5 QQ CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AN WITH PREJUDICE IN ACCORDANCE WITH PA CASE IS HEREBY TERMINATE R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573