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HomeMy WebLinkAbout13-7247 Supreme Co ennsylvania Con leas For Prothonotary Use Only: C i in e`rh. Docket No: Cu rl nd yt County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the_filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 1@ Complaint ® Writ of Summons ® Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Matthew W. Booth Brian L. Renner and Marten Transport, LTD Dollar Amount Requested: Owithin arbitration limits Are money damages requested? Yes ®No (check one) 0 outside arbitration limits O N Is this a Class Action Suit? E3 Yes El No Is this an MDJAppeal? ® Yes it No A Name of Plaintiff /Appellant's Attorney: Randall M. Justice, Esquire Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ®x Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance © Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S [3 Product Liability (does not include L'j mass tort) ®Employment Dispute: ® Slander/Libel/ Defamation Discrimination C ® Other: Employment Dispute: Other 13 Zoning Board T ® Other: I ® Other: O MASS TORT ® Asbestos N ® Tobacco l3 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ® ® ® Other: Ejectment Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent ® Mandamus 0 Landlord/Tenant Dispute J Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial [3 Quo Warranto ® Dental ® Partition O Replevin ® Legal ® Quiet Title ® Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 : THONIOTAIRY 0 HE PRO Ki'3 DEC -6 Pik 1:36 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH Case No: 656 Center Road 2013- 7,9 y1 Civil Quarryville, PA 17566, Plaintiff, V. BRIAN L. RENNER Civil Action - Law 345 Stonegate Circle Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, Defendants. Jury Trial Demanded NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. STAMBAUGH LAW, P.C. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF 2121 S. QUEEN ST. YORK, PA 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 ;51b3:-1Sd information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 l� STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH Case No: 656 Center Road 2013- Civil Quarryville, PA 17566, Plaintiff, V. : BRIAN L. RENNER Civil Action - Law 345 Stonegate Circle Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, Defendants. Jury Trial Demanded AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado STAMBAUGH LAW, P.C. en la demanda o por cualquier otra queja o compensacion reclamados por el 2121 S. QUEEN ST. Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes YORK, PA para usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. Si usted no puede permitirse emplear a un abogado, esta oficina puede poder proveer de usted la informacion sobre las agencias que pueden ofrecer servicios juridicos a las personas elegibles en un honorario reducido o- ningun honorario. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 =9108 STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH Case No: 656 Center Road 2013- Civil Quarryville, PA 17566, Plaintiff, V. BRIAN L. RENNER Civil Action - Law 345 Stonegate Circle Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD : 129 Marten Street Mondovi, WI 54755, Defendants. Jury Trial Demanded COMPLAINT AND NOW, this 3` day of December, 2013, comes the Plaintiff, Matthew W. Booth, through and by his attorneys, Stambaugh Law, P.C., and files this Complaint, whereof the following is a statement: STAMBAUGH LAW, P.C. 1 2121 S. QUEEN ST. YORK, PA The Plaintiff, Matthew W. Booth, (hereinafter referred to as "Plaintiff'), is an adult citizen of the Commonwealth of Pennsylvania currently residing at 656 Center Road, Quarryville, Pennsylvania 17566. 2. The Defendant, Brian L. Renner (hereinafter referred to as "Defendant Renner "), is an adult citizen of the Commonwealth of Pennsylvania currently residing at 345 Stonegate Circle, Chambersburg, Pennsylvania 17201. 3. The Defendant, Marten Transport, LTD., (hereinafter referred to as "Defendant Marten Transport"), is a Delaware corporation authorized to do business and doing business in the Commonwealth of Pennsylvania with a principal business address at 129 Marten Street, Mondovi, Wisconsin 54755. 4. The facts and occurrences hereinafter related took place on or about March 12, + f 2013, at approximately 11:12 a.m., more or less, about 3 miles east of the Newport exit in the westbound traffic lanes on William Penn Highway, overlapping with State Highways 22 and 322 (hereinafter referred to as "US- 322 "), Newport, Howe Township, Perry County, Pennsylvania, 17074. 5. STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. Jurisdiction is proper before this Honorable Court as it is believed and averred YORK. PA that Defendant Marten Transport regularly conducts business within Cumberland County, Pennsylvania, including, without limitation, operating a terminal located at 450 Allen Road in Carlisle, Pennsylvania 17015. 6. At all times relevant hereto, Plaintiff was the owner and operator of a 1993 Peterbilt, a large commercial truck, bearing Pennsylvania Registration AF78770, which was towing a flatbed trailer belonging to Maynard Groff, and traveling in the right traffic lane and in the westbound direction of travel on US -322 near the aforesaid location. 7. At all times relevant hereto, Defendant Renner was the operator of a 2013 Freightliner, a large commercial truck, which was owned by Defendant Marten Transport and bearing Indiana Registration 1025518, which was towing a large enclosed box trailer, and traveling directly behind Plaintiff in the right traffic lane and in the westbound direction of travel on US -322 near the aforesaid location. STAMBAUGH LAW, P.C. o 2121 S. QUEEN ST. 8. YORK, PA At all times relevant hereto, Defendant Renner was operating the aforesaid 2013 Freightliner, a large commercial truck, which was owned by Defendant Marten Transport and bearing Indiana Registration 1025518, which was towing a large enclosed box trailer with the express, actual, apparent and/or implied knowledge, consent, permission and/or authority of Defendant Marten Transport, and further was doing so in the course and scope of his employment, agency, - and/or other pecuniary relationship with Defendant Marten Transport, for the mutual pecuniary benefit of said Defendants Renner and Marten Transport. 9. At all times relevant hereto, Plaintiff was covered by full tort under Pennsylvania Law or have limited tort with exclusions that apply, or in the alternative, have serious bodily injuries as defined by Pennsylvania Law or were not provided proper notice of the limited tort option pursuant to 75 Pa. C.S.A. § 1701 et. seq., specifically § 1705 and § 1791, and other applicable laws and regulations. 10. The said damages, as described hereafter, are in excess of $50,000.00 and are STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. outside the scope and authority of mandatory arbitration and a jury trial is hereby YORK, PA demanded. COUNT I - NEGLIGENCE Matthew W. Booth vs. Brian L. Renner 11. Paragraphs one (1) through ten (10) are incorporated by reference as if set forth fully hereunder. 12. Plaintiff, at or about the aforementioned date and time, was traveling in the right traffic lane and in the westbound direction of travel on US -322 near the aforesaid location. 13. r At that time, Defendant Renner was operating Defendant Marten Transport's vehicle at a high rate of speed and/or at a speed in excess of that which was safe for the conditions then and there prevailing, negligently took his eyes away from the road and violently rear -ended the trailer attached to Plaintiff's vehicle thereby causing Plaintiff myriad injuries and damages according to proof at trial. STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. 14• YORK, PA Said collision was directly and proximately caused by the joint and several negligence and carelessness of Defendant Renner which consisted of the following: a) Operating said motor vehicle without due regard to the rights, safety, and position of Plaintiff's vehicle and flatbed trailer; b) Failing to have said vehicle under proper control so as to prevent the same from colliding with Plaintiff's vehicle and flatbed trailer; C) Failing to keep a proper lookout for other vehicles lawfully on the road; d) Failing to operate said vehicle with due regard for the highway and traffic conditions which were then and there existing and of which he was or should have been aware; e) Failing to take evasive action in order to avoid impacting Plaintiff's vehicle and flatbed trailer; f) Violating 75 Pa.C.S.A. §3361 by driving said vehicle too fast for conditions that were then and there existing; and g) To the extent that Defendant Renner alleges that the collision was caused by a defect and /or other deficiency of Defendant Marten Transport's vehicle, and/or that any such alleged defect and/or deficiency caused and/or contributed to the said collision, then Defendant Renner knew and/or should have known of any and all such defects and/or deficiencies he alleges, and further knew and/or should have known that, if operated on the roadway, the vehicle posed a posed a risk of injury to lawful users of the roadways such that Defendant Renner should not have attempted to operate the vehicle. 15. Said collision resulted from Defendant Renner's aforesaid joint and several STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. negligence and carelessness and was in no way the result of any act or failure to act on YORK. PA the part of the Plaintiff. r 16. As a direct and proximate result of Defendant Renner's aforesaid joint and several negligence and carelessness, Plaintiff has sustained myriad personal injuries resulting in serious impairment of bodily function according to proof at trial which include the following: a) Physical pain and suffering resulting from multiple bodily injuries as more fully described in Plaintiff's post - collision medical records including but not limited to injuries to Plaintiff's head, neck, left shoulder, back, ribs, arms, right wrist, right hand, as well as headaches, dizziness and nausea; b) Mental anguish; c) Discomfort; d) Inconvenience; e) Distress; f) Loss of life's pleasures; g) Embarrassment and humiliation; h) An impairment of health and sense of well being; and i) Disfigurement. STAMBAUGH LAW, P.C. 17. 2121 S. QUEEN ST. YORK, PA As a direct and proximate result of Defendant Renner's aforesaid joint and several negligence and carelessness, Plaintiff has suffered, is suffering, and in the future will continue to suffer myriad financial harms and losses according to proof at trial which include the following: a) Past, present, and future medical expenses which have or may in the future exceed applicable legal limits; b) Incidental costs resulting from dealing with said injuries; C) Economic and financial losses resulting from dealing with said injuries; d) Lost economic opportunities resulting from dealing with said injuries; e) Out of pocket costs and losses resulting from dealing with said injuries; f) Loss of earnings and earning capacity; and g) Property damage to Plaintiff's motor vehicle and the trailer of which Plaintiff was a permissive user and for which he has the right and obligation to recover for the damages caused thereto. Wherefore, Plaintiff respectfully requests that this Honorable Court enter judgment against Defendant Brian L. Renner, jointly and severally, in an amount in excess of $50;000.00, plus delay damages, costs, interest and such other and further relief as allowed by law. COUNT II - NEGLIGENCE STAMBAUGH LAW, P.C. Matthew W. Booth vs. Marten Transport, LTD 2121 S. QUEEN ST. p YORK, PA 18. Paragraphs one (1) through seventeen (17) are incorporated by reference as if set forth fully hereunder. 19. At all times relevant hereto, Defendant Marten Transport employed, controlled, directed, regulated, supervised, advised, promoted, and influenced the conduct and activity of Defendant Marten Transport's drivers including Defendant Renner, the driver in question. 20. At all times relevant hereto, Defendant Renner was engaged in the course and scope of his employment, agency, and/or service with, for, and on behalf of Defendant Marten Transport. 21. At all times relevant herein, Defendant Marten Transport authorized, permitted, and directed Defendant Marten Transport's drivers, including the driver in question, Defendant Renner, to use its said vehicle while towing a large enclosed box trailer with Defendant Marten Transport's full knowledge, authorization, approval and consent. 22. At all times relevant herein, Defendant Marten Transport was and is vicariously STAMBAUGH LAW, P.C. 2121 S. QUEEN ST and/or strictly liable for the acts and/or omissions'of its agent/employee, Defendant YORK, PA Renner. 23. To the extent that Defendant Renner alleges that the collision was caused by a defect or other deficiency of Marten Transport's vehicle and /or that any such alleged defect or deficiency contributed to the said collision, then Defendant Marten Transport knew or should have known of any and all such defects and/or deficiencies as alleged by Defendant Renner, and further knew or should have known that, if permitted to be operated on the roadway, the vehicle posed a posed a risk of injury to lawful users of the roadways. 24. Despite what it knew or should have known, Defendant Marten Transport failed to take the steps reasonable and necessary to prevent Defendant Renner from using i Defendant Marten Transport 's vehicle, and/or Defendant Marten Transport failed to take the steps reasonable and necessary to make the vehicle safe to be used on the roads. 25. Asa result of the subject collision, Plaintiff sustained myriad injuries and damages as aforesaid and as according to proof at trial, all as a direct and proximate STAMBAUGH LAW, P.C. result of Defendant Renner's and Defendant Marten Transport's aforesaid joint and 2121 S. QUEEN ST. YORK, PA several negligence and carelessness. Wherefore, Plaintiff respectfully.requests that this Honorable Court enter judgment against Defendant Marten Transport, LTD, jointly and severally, in an amount in excess of $50,000.00, plus delay damages, costs, interest and such other and further relief as allowed by law. L ectfully s mitie , MB GH C. Date: December 3, 2013 R M. stice, Esquire C JaA I.D. # 200414 Attorn for Plaintiff 2121 South Queen Street York, PA 17403 (717) 846 -1400 STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA I I I I J I � t VERIFICATION i I verify that the statements made in this Plaintiff's Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied upon my t counsel in making this verification. I understand that false statements herein are made subject to penalties of 18 PA C.S. §4904, relating to unworn falsification to authorities. Date ; M hew Booth ;TAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA DEC —6 P `� CUi $ERLAND COtA�� . p�tdt3SYl.YA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION MATTHEW W. BOOTH Case No: 656 Center Road 2013- y Civil Quarryville, PA 17566, Plaintiff, V. BRIAN L. RENNER Civil Action - Law 345 Stonegate Circle Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, Defendants. Jury Trial Demanded CERTIFICATE OF SERVICE I, Nancy S. Cooke, of the law firm of Stambaugh Law, P.C., attorneys for Plaintiff, do hereby certify that I am this day serving a copy of the foregoing Plaintiff's Interrogatories and Request for Production of Documents Directed to Defendant Brian L. Renner upon the Defendants in the following manner: STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. BY FACSIMILE AND BY FIRST -CLASS MAIL: YORK, PA Edward M. Vavro, Jr., Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place Suite 400 Pittsburgh, PA 15222 (Counsel for Defendants) STAMBAUGH LAW, P.C. Date: December 3 2013 Nancy : Cooke, Assistant to: Randall M. Justice, Esquire Court I.D. # 200414 Attorney for Plaintiff .2121 South Queen Street York, PA 17403 (717) 846 -1400 i STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA TA b lie pjj UMBER 1 pE 1�S co 'T Y dNJA ; THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION MATTHEW W. BOOTH Case No: 656 Center Road 2013- q') Civil Quarryville, PA 17566, Plaintiff, V. BRIAN L. RENNER Civil Action - Law 345 Stonegate Circle Chambersburg, PA 17201, : and : MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, Defendants. Jury Trial Demanded CERTIFICATE OF SERVICE 1, Nancy S. Cooke, of the law firm of Stambaugh Law, P.C., attorneys for Plaintiff, do hereby certify that I am this day serving a copy of the foregoing Plaintiff's Interrogatories and Request for Production of Documents Directed to Defendant Marten STAMBAUGH LAW, P.C. Transport LTD., upon the Defendants in the following manner: 2121 S. QUEEN ST. YORK, PA BY FACSIMILE AND BY FIRST -CLASS MAIL: Edward M. Vavro, Jr., Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place Suite 400 Pittsburgh, PA 15222 (Counsel for Defendants) STAMBAUGH LAW, P.C. Date: December 3, 2013 Nancy S. ooke, Assistant to: Randall M. Justice, Esquire Court I.D. # 200414 Attorney for Plaintiff 2121 South Queen Street York, PA 17403 (717) 846 -1400 STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA "LED-OFFICE I 1 ' THE PROTHONOT�,r,, X13QEC 19 PH 3' 01 Ci:tMBE- PEAdAiSYLVAP.IUNTY i i J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA.CIVIL DIVISION MATTHEW W.BOOTH Case No: 656 Center Road 2013- ?a y Civil Quanyville,PA 17566, 7 Plaintiff, V. BRIAN L.PJRMR Civil Action-Law 345 Stonegate Circle Chambersburg,PA 17201, and MARTEN TRANSPORT,LTD , 129 Marten Street . Mondovi,WI 54755, Defendants. Jury Trial Demanded FAI—VIER AND AIWCUANCE OF SERVICE AND NOR',this ` -.day ofp—L62k6i,2013,L Edward M. Vavro, Jr.,Esquire,do hereby waive and accept service of the Plaintiff's Complaint on behalf Of Brian L. Renner and Marten Transport,LTD., in the above captioned action and certify that I am authorized to do so. STAMSAUGW LAW,RC. bay: ho 2121 S.ouEEN ST. Edward M avro,Jr.,Esquire YQFZif,PA Court I.D.# 80401 Dickie,McCamey&Chilcote,P,C. Two FPO Place Suite 400 Pittsburgh,PA 13222 Main;(412)392-5318 Z 'd 1E0 'ON Wdbti N �107 '1�(I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. BOOTH, CIVIL DIVISION Plaintiff, 2013-7247 v. BRIAN L. RENNER and MARTEN TRANSPORT, LTD., Defendants. PRAECIPE FOR APPEARANCE Filed on behalf of DEFENDANTS BRIAN L. RENNER AND MARTEN TRANSPORT, LTD. Counsel of record for this party: Edward M. Vavro, Jr., Esq. PA. I.D. #80401 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 392-5318 JURY TRIAL DEMANDED -0a czi • r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. BOOTH, Plaintiff, v. BRIAN L. RENNER and MARTEN TRANSPORT, LTD., Defendants. CIVIL DIVISION 2013-7247 PRAECIPE FOR APPEARANCE Kindly enter our appearance on behalf of Defendants Brian L. Renner and Marten Transport, Ltd. A JURY TRIAL IS DEMANDED. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. BY: 41,utia.itkrY\ • NA- JO 4/) Edward M. Vavro, Jr.,'Esquire Attorneys for Defendants Brian L. Renner and Marten Transport, Ltd. CERTIFICATE OF SERVICE I, Edward M. Vavro, Jr., Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been served this p day of May, 2014, by U.S. First Class Mail, postage prepaid, to the following: Randall M. Justice, Esquire Stambaugh Law, P.C. 2121 S. Queen Street York, PA 17403 DICKIE, McCAMEY & CHILCOTE, P.C. BY: akoviet La (bit, Edward M. Vavro, Jr., E quire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH Case No: 656 Center Road 2013- 7�q—7 Civil Quarryville, PA 17566, Plaintiff, V. BRIAN L. RENNER Civil Action- Law 345 Stonegate Circle : Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, : Defendants. Jury Trial Demanded WAIVER AND ACCEPTANCE OF SERVICE AND NOW, this a� day of , 20 "I' Edward M. Vavro, Jr., Esquire, do hereby waive and accept service of the Plaintiff's Complaint on behalf of Brian L. Renner and Marten Transport, LTD., in the above captioned action and certify that I am authorized to do so. STAMBAUGH LAW,P.C. Date: DoXI 2121 S.oUee"ST. Edward M. V vro, Jr., Esquire YORK,PA Court I.D. 0401 Dickie, McCamey& Chilcote, P.C. Two PPG Place Suite 400 Pittsburgh, PA 15222 Main: (412) 392-5318 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH Case No. 2013 cv 7247 Plaintiff, • V. • Brian L. Renner and • Civil Action Marten Transport, Ltd. • Defendants. • JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, come the Defendants Marten Transport, Ltd. and Brian L. Renner, by and through their counsel Dickie McCamey& Chilcote P.C., Edward M. Vavro, Jr., Esquire and Joseph L. Luvara, Esquire and hereby file the within Answer and New Matter, and in support thereof aver the following: ANSWER 1. After reasonable investigation,these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of the allegations set forth in paragraph 1 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. After reasonable investigation, these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of the allegations set forth in paragraph 4 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. After reasonable investigation, these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of the allegations set forth in paragraph 6 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 7. It is admitted that at the time of the subject accident Defendant Renner was operating a 2013 Freightliner tractor which was owned by Defendant Marten Transport bearing Indiana Registration 1025518 and Defendant Renner was also transporting a trailer at that time. With respect to the remaining averments set forth in paragraph 7 of Plaintiff's Complaint, after reasonable investigation, these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of the remaining allegations contained in paragraph 7 of Plaintiff's Complaint, therefore the same are denied and strict proof thereof is demanded at the time of trial. 8. It is admitted that at the time of the subject accident Defendant Renner was operating the subject 2013 Freightliner tractor within the course and scope of his employment for Marten Transport and that Defendant Renner had permission to operate the subject tractor trailer at the consent of his employer Defendant Marten Transport. 9. The allegations set forth in paragraph 9 of Plaintiffs' Complaint attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. 2 10. With respect to the averments set forth in paragraph 10 of Plaintiff's Complaint, after reasonable investigation, these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of whether the damages sought by Plaintiff are in excess of$50,000, therefore the same are denied and strict proof thereof is demanded at the time of trial. COUNT I - NEGLIGENCE Matthew W. Booth v. Brian L. Renner 11. In response to paragraph 11 of Plaintiff's Complaint,these Defendants incorporate herein by reference the allegations set forth in paragraphs 1 through 10 above as if the same were set forth herein at length. 12. After reasonable investigation, these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of the allegations set forth in paragraph 12 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 13. The allegations set forth in paragraph 13 of Plaintiff's Complaint attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. 14. The allegations set forth in paragraph 14, of Plaintiff's Complaint, including subparagraphs (a) through (g) attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. 15. The allegations set forth in paragraph 15 of Plaintiff's Complaint attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that 3 a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. 16. The allegations set forth in paragraph 16 of Plaintiff's Complaint, including subparagraphs (a) through (i) attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. By way of further response, after reasonable investigation, these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of the allegations set forth in paragraph 16 of Plaintiff's Complaint, including subparagraphs (a) through (i), therefore the same are denied and strict proof thereof is demanded at the time of trial. 17. The allegations set forth in paragraph 17 of Plaintiff's Complaint, including subparagraphs (a) through (g) attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. By way of further response, after reasonable investigation, these Defendants lack sufficient information or knowledge to form a belief as to the truth or falsity of the allegations set forth in paragraph 17 of Plaintiffs Complaint, including subparagraphs (a) through (g), therefore the same are denied and strict proof thereof is demanded at the time of trial. COUNT II - NEGLIGENCE Matthew W. Booth vs. Marten Transport. Ltd. 18. In response to paragraph 18 of Plaintiff's Complaint, these Defendants incorporate herein by reference the allegations set forth in paragraphs 1 through 17 above as if the same were set forth herein at length. 4 19. It is admitted that at the time of the subject accident, Defendant Renner was in the course and scope of his employment for Defendant Marten Transport, and he was operating the subject tractor trailer at the express permission and consent of Defendant Marten Transport in the course and scope of his employment. 20. Admitted. 21. It is admitted that at the time of the subject accident Defendant Marten Transport employed Defendant Brian Renner, and Mr. Renner was acting in the course and scope of his employment for Defendant, Marten Transport at the time of the subject accident. 22. It is admitted that at the time of the subject accident Defendant Brian Renner was in the course and scope of his employment for Defendant Marten Transport. The remaining allegations set forth in paragraph 22 of Plaintiff's Complaint attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. 23. The allegations set forth in paragraph 23 of Plaintiff's Complaint attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. 24. The allegations set forth in paragraph 24 of Plaintiff's Complaint attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. 5 25. The allegations set forth in paragraph 25 of Plaintiffs Complaint attempt to set forth conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, said allegations are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, these Defendants deny any and all liability to the Plaintiff under any theory of law whatsoever and hereby demand judgment against the Plaintiff. NEW MATTER 26. By way of further response to the entirety of Plaintiff's Complaint Defendants set forth the following New Matter on advice of counsel so as not to waive any defenses later available to the Defendants not withstanding these Defendants' present lack of knowledge of the circumstances complained of in Plaintiff's Complaint. 27. To the extent that it is established by competent evidence that Defendant Brian L. Renner was confronted with a set of circumstances constituting a sudden emergency not of his own making that affirmative defense is hereby asserted as a complete and/or partial bar to any recovery. 28. These Defendants raise Plaintiff's contributory or comparative negligence as a complete and/or partial bar to Plaintiff's claims. 29. These Defendants raise the Pennsylvania Motor Vehicle Financial Responsibility Law as a complete and/or partial bar to Plaintiff's claims. 30. To the extent justified by the facts developed during discovery or the evidence introduced at the time of trial, these Defendants will raise Plaintiff's claim to mitigate damages as a complete and/or partial bar to Plaintiff's claims. 6 31. To the extent justified by the facts developed during discovery or the evidence introduced at the time of trial, these Defendants raise the superseding/intervening acts and omissions of third parties over whom they had neither the right nor duty of control as a complete and/or partial bar to Plaintiff's claims. 32. To the extent justified by the facts developed during discovery or the evidence introduced at the time of trial, these Defendants raise the applicable statute of limitations as a complete and/or partial bar to Plaintiff's claims. 33. Plaintiffs Complaint fails to state sufficient facts to constitute a valid claim against Defendants. WHEREFORE, these Defendants deny any and all liability to the Plaintiff under any theory of law whatsoever and hereby demand judgment against the Plaintiff. Jury Trial Demanded. Respectfully submitted, DICKIE, McCAM r : ILCOTE, P.C. B A By: Jo.eph L vara, Esquire P 46438 Edward M. Vavro, Jr., Esquire PA I.D. #80401 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 392-5318 Filed on behalf of Defendants Marten Transport, Ltd.and Brian L. Renner 7 VERIFICATION I, Ryan McGee, of Marten Transport, Ltd., have read the foregoing Answer and New Matter. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements,I may be subject to criminal penalties. —Ryan McGee DATED 4 ( 1 7(c) ° _. f.Jr. 1_1uJ CERTIFICATE OF SERVICE I, Edward M. Vavro, Jr., Esquire, hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been served this I tl day of June, 2014, by U.S. First Class Mail, postage prepaid, to the following: Randall M. Justice, Esquire Stambaugh Law, P.C. 2121 S. Queen Street York, PA 17403 DIC , McCAMEY & CHILCOTE, P.C. BY: 14, JCUIN4itk/ Edward M. Vavro, Jlr. Esquire STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA 204 Jilt 1 CJRBRC l^ hi 1./ coUtirY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH 656 Center Road Quarryville, PA 17566, Plaintiff, v. BRIAN L. RENNER 345 Stonegate Circle Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, For Plaintiff: For Defendants: Case No: 2013- Civil Civil Action - Law Defendants. Jury Trial Demanded Randall M. Justice, Esquire Stambaugh Law, P.C. 2121 S. Queen Street York, PA 17403 Main: (717) 846-1400 Fax: (717) 846-1071 rjustice@stambaugh-law.com Edward M. Vavro, Jr., Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place Suite 400 Pittsburgh, PA 15222 PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Submitted by: Matthew W. Booth STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH 656 Center Road Quarryville, PA 17566, Plaintiff, v. BRIAN L. RENNER 345 Stonegate Circle Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, Case No: 2013-7247 Civil Action - Law Defendants. : .Jury Trial Demanded PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW COMES the Plaintiff, MATTHEW W. BOOTH, by and through his counsel, Stambaugh Law, P.C., and Randall M. Justice, Esquire, and hereby files the instant Reply to the New Matter of the Defendants and in support thereof avers the following: 26. Denied. This paragraph contains no factual averments and requires no further response. By way of additional response, Defendants' attempt to avoid waiving any defenses not set forth in their instant New Matter is impermissible under the Pennsylvania Rules of Civil Procedure and any and all defenses not set forth in the Defendants' New Matter are waived. STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA 27. Denied. This averment constitutes a conclusion of law to which no additional response is required. 28. Denied. This averment constitutes a conclusion of law to which no additional response is required. 29. Denied. This averment constitutes a conclusion of law to which no additional response is required. By way of further response, the Defendants' attempt to plead in its entirety by vague and sweeping reference the "Pennsylvania Motor Vehicle Financial Responsibility Law" lacks the specificity required by the Pennsylvania Rules of Civil. Procedure and denies the Plaintiff the opportunity to make any more specific a response. 30. Denied. This averment constitutes a conclusion of law to which no additional response is required. 31. Denied. This averment constitutes a conclusion of law to which no additional response is required. 32. Denied. This averment constitutes a conclusion of law to which no additional response is required. 33. Denied. This averment constitutes a conclusion of law to which no additional response is required. WHEREFORE, the Plaintiff respectfully requests that this Court enter judgment in his favor and against the Defendants, awarding all relief requested in the Plaintiffs Complaint and all other relief deemed appropriate under the circumstances by this Honorable Court. Date: June 27, 2014 STAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK, PA Respectfully submitt STAMB :,lig GH Aii/ Ra . a ,%dice, Esquire C • I.D 200414 Attorn- for Plaintiff 2121 South Queen. Street York, PA 17403 (717) 846-1400 ITAMBAUGH LAW, P.C. 2121 S. QUEEN ST. YORK. PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MATTHEW W. BOOTH 656 Center Road Quarryville, PA 17566, Plaintiff, v. BRIAN L. RENNER 345 Stonegate Circle Chambersburg, PA 17201, and MARTEN TRANSPORT, LTD 129 Marten Street Mondovi, WI 54755, Case No: 2013- Civil Civil Action - Law Defendants. Jury Trial Demanded CERTIFICATE OF SERVICE I, Christy M. Torres, of the law firm of Stambaugh Law, P.C., attorneys for Plaintiff, do hereby certify that I am this day serving a copy of the foregoing Plaintiff's Reply to Defendant's New Matter upon the Defendant in the following manner: BY FACSIMILE AND BY FIRST CLASS MAIL: Edward M. Vavro, Jr., Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place Suite 400 Pittsburgh, PA 15222 (Counsel for Defendant) Date: July 9, 2014 STA Christy M. Torres, Paralegal to: Randall M. Justice, Esquire Court I.D. # 200414 Attorney for Plaintiff 2121 South Queen Street York, PA 17403 (717) 846-1400 AW, P.C.