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Home My WebLink About14-2406 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBERLAND County /�•/_ - 2g6(,o IMPPWIT 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 El Complaint 0 Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C JAMES M. GREGG and BRANDY GREGG SCOTT L. KANNAL and PGT TRUCKING, INC T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes ❑ No (check one) []outside arbitration limits O N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? [I Yes 0 No A Name of Plaintiff/Appellant's Attorney: ALLEN P. NEELY, ESQ. _ ❑ 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 Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment O Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include mass tort) ❑Employment Dispute: Discrimination ❑ Slander/Libel/ Defamation ❑ Employment Dispute: Other ❑ Zoning Board C El Other: Other: T I ❑ Other: O MASS TORT El Asbestos N ❑ Tobacco Toxic Tort -DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Fl Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Ground Rent ❑ Mandamus El Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ® Dental ❑ Partition ❑ Replevin ❑ Legal Q Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: - -- -- Updated 1/1/2011 1 . 11E -0 OfFICS O THE RROTHmUTA,,'`; 2014 APP 21 Pfd 2- 46 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW JAMES M. GREGG and BRANDY GREGG, No. 2014- O Husband and Wife, JURY TRIAL DEMANDED Plaintiffs, ; VS. ; Type of Pleading: Praecipe for Writ of Summons SCOTT L. KANNAL and Type of Case: Civil PGT TRUCKING, INC. Filed on behalf o£ Plaintiffs Defendants. : Counsel of Record for this Party: : Allen P. Neely, Esquire I.D. No. 65302 McQuaide Blasko, Inc. 811 University Drive : State College, PA 16801 : Phone: (814) 238 -4926 : Fax: (814) 238 -9624 416.3.7S ?kA4 y Ck� d4".71 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW JAMES M. GREGG and BRANDY GREGG, Husband and Wife, No. 2014 - - zq((o Plaintiffs, JURY TRIAL DEMANDED vs. ' SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writs of Summons on behalf of Plaintiffs JAMES M. GREGG and BRANDY GREGG, Husband and Wife, and against the following Defendants SCOTT L. KANNAL 10160 Gavers Rd., Hanoverton, OH 44423 and PGT TRUCKING, INC. 1 PGT Way Monaca, PA 15061 -2255 Kindly return the issued Writs of Summons to me via the enclosed self - addressed stamped envelope. McQUAIDE BLASKO, INC. Dated: By: /�4� Z� Allen P. Neely, Esquire I.D. No. 65302 811 University Drive State College, PA 16801 (814) 238 -4926 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW JAMES M. GREGG and BRANDY GREGG, Husband and Wife, No. 2014 ---CZ1. f C)(p Plaintiffs, JURY TRIAL DEMANDED VS. SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants. WRIT OF SUMMONS TO: SCOTT L. KANNAL 10160 Gavers Rd., Hanoverton, OH 44423 You are hereby notified that JAMES M. GREGG and BRANDY GREGG have commenced an action against you which you are required to defend or a default judgment may be entered against you. Dated: Prothonotary [SEAL] . l IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW JAMES M. GREGG and BRANDY GREGG, Husband and Wife, No. 2014 - - 2q 01 Plaintiffs, JURY TRIAL DEMANDED VS. SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants. WRIT OF SUMMONS TO: PGT TRUCKING, INC. 1 PGT Way Monaca, PA 15061 -2255 You are hereby notified that JAMES M. GREGG and BRANDY GREGG have commenced an action against you which you are required to defend or a default judgment may be entered against you. Dated: ti . Prothonotary [SEAL] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. GREGG and BRANDY GREGG, CIVIL DIVISION Husband and Wife, No. 2014-2406 Plaintiffs, v. SCOTT L. KANNAL and PGT TRUCKING, INC. Code: FILED-OtFlF; i10E 1 f� OF THE PRO KONO iARY 201' PiAY 19 PH _1: 21 CUMBERLAND COUNTY PENNSYLVANIA PRAECIPE FOR APPEARANCE Defendants. Filed on behalf of Defendants SCOTT L. KANNAL and PGT TRUCKING, INC. Counsel of record for this party: John T. Pion, Esquire PA I.D. #43675 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 1500 One Gateway Center Pittsburgh, PA 15222 412-281-2288 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. GREGG and BRANDY GREGG, Husband and Wife, Plaintiffs, V. SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants. CIVIL DIVISION No. 2014-2406 PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of John T. Pion and the law firm of Pion, Johnston, Nerone, Girman, Clements & Smith, P.C. on behalf of the Defendants, SCOTT L. KANNAL and PGT TRUCKING, INC., regarding the above -referenced matter. A JURY TRIAL IS DEMANDED. PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. By John T. Pion 1500 One Gateway Center Pittsburgh, PA 15222 412-281-2288 Counsel for Defendants, SCOTT L. KANNAL and PGT TRUCKING, INC. 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 15th day of May, 2014 as follows: Allen P. Neely, Esquire McQuaide Blasko 811 University Drive State College, PA 16801 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. By John T. Pion yH:r^� TUO��^�� T��'''~'` .� �( �� \� �� ~ �� "` [ COUNTY .u�� OU�\ PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION— LAW JAMES M. GREGG and BRANDY GREGG, Husband and Wife. Plaintiffs x SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants Dated: May 14, 2014 Docket No: 2014 - 2406 JURY TRIAL DEMANDED Type of Pleading: Acceptance of Service Filed on Behalf of: Defendants Attorney for Plaintiff: Allen P. NeelyEsquire Pa. Supreme Court iD.##h5302 MCQUAIDE BLASKO LAW OFFICES 811 University Drive State College, PA 16801-6699 (814) 238-4926 Attorney for Defendants: John T. Pion, Esq. Pion, Nerone, Girman, Winslow & Smith, PC 1500 One Gateway Center 420 Fort Duquesne Blvd. Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. GREGG and BRANDY GREGG, Husband and Wife, Plaintiffs, vs. SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants. CIVIL ACTION — LAW : No. 2014-.2 461,0 JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I accept service of the Writ of Summons in the above -captioned matter on behalf of the above -referenced Defendants, Scott L. Kannal and PGT Trucking, Inc., and certify that I am authorized to do so. Dated: 5'S"/({1 By. John T. Pion, Esq. Pion, Nerone, Girman, Winslow & Smith, P.C. 1500 One Gateway Center 420 Fort Duquesne Blvd. Pittsburgh, PA 15222 (412) 667-6200 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION— LAW JAMES M. GREGG and BRANDY GREGG, Husband and Wife, Plaintiffs v. SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants Dated: December 8, 2014 Docket No: 2014 - 2406 JURY TRIAL DEMANDED Type of Pleading: COMPLAINT Filed on Behalf of: Plaintiffs Attorney for Plaintiffs: Allen P. Neely, Esquire Pa. Supreme Court I.D. # #65302 MCQUAIDE BLASKO LAW OFFICES 811 University Drive State College, PA 16801-6699 (814) 238-4926 Attorney for Defendants: John T. Pion, Esq. Pion, Nerone, Girman, Winslow & Smith, PC 1500 One Gateway Center 420 Fort Duquesne Blvd. Pittsburgh, PA 15222 (412) 667-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW JAMES M. GREGG and BRANDY GREGG, Husband and Wife, Plaintiffs v. SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants TO: Defendants Docket No: 2014 - 2406 NOTICE TO PLEAD YOU ARE HEREBY notified to plead to the within Complaint within twenty (20) days from the date of service hereof or a default judgment may be entered against you. McQUAIDE, BLASKO, By: MA/V ` ALLEN P. NEELY Attorney for Plaintiffs 811 University Drive State College, PA 16801 (814) 238-4926 Dated: December i, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. GREGG and BRANDY GREGG, Husband and Wife, Plaintiffs, vs. SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants. CIVIL ACTION — LAW : No. 2014- 2406 JURY TRIAL DEMANDED COMPLAINT AND NOW, come Plaintiffs, JAMES M. GREGG and BRANDY GREGG, by and through their attorneys, McQuaide Blasko, Inc., and file the within Complaint against the Defendant. PARTIES 1. Plaintiffs, James M. Gregg and Brandy Gregg, are husband and wife, residing at 837 Country Side Drive, Roaring Spring, Blair County, PA. 2. Defendant Scott L. Kannal is an adult individual with an address of 10160 Gavers Road, Hanoverton, OH. 3. Defendant PGT Trucking, Inc. is a Pennsylvania corporation with a registered business address of 1 PGT Way, Monaca, PA. 4. At all times material to this matter, Mr. Kannal was employed by PGT Trucking, Inc. as a truck driver. JURISDICTION AND VENUE 5. Jurisdiction and venue are appropriate in this Court because the events involved occurred within Cumberland County, Pennsylvania. FACTUAL HISTORY 6. On May 8, 2012, Mr. Kannal was driving a 2009 International Harvester tractor trailer, owned by PGT Trucking, Inc., east -bound on the Pennsylvania Turnpike near Carlisle. 7. At the same time, and in close proximity to the truck driven by Mr. Kannal, Mr. Gregg was driving his 2006 Honda Civic east -bound on the Pennsylvania Turnpike, near Carlisle. 8. The section of Turnpike where Mr. Kannal and Mr. Gregg were at that time was a posted construction zone, with two lanes and a concrete construction barrier to the side of the right, east -bound lane. 9. At or about 8:24 a.m. on May 8, 2012, Mr. Kannal either drifted unintentionally, or sought to merge into the right lane in a construction zone. There was no traffic condition or other event that forced Mr. Kannal to make this abrupt lane change. 10. At the time when Mr. Kannal began to maneuver the PGT truck to the right, Mr. Gregg's Honda Civic was located immediately to the right of the PGT truck, just behind the cab, toward the front part of the trailer, and between the front and rear wheels of the trailer. 11. Despite the presence of Mr. Gregg's car in the right lane, between the PGT truck and the concrete construction barrier, Mr. Kannal continued his gradual movement from the left to right lane. 12. Because of the presence of the concrete construction barrier, Mr. Gregg had no means of escaping or avoiding a collision between his Honda Civic and the tractor trailer. 13. Mr. Kannal caused the PGT truck to impact the left side of Mr. Gregg's Honda Civic, which forced the Gregg car to collide with the concrete construction barrier on the right. 14. Mr. Gregg's vehicle was trapped between the tractor trailer and the concrete construction barrier. 15. At one point the left portion of Mr. Gregg's vehicle was actually under the PGT trailer by several inches, and precariously close to the truck's massive wheels. 16. Mr. Gregg feared that his car was going to be forced completely under the trailer and run over by the tractor trailer's many wheels, which were only inches away from Mr. Gregg's face and plainly visible to his left. 17. Mr. Gregg could do nothing to help himself at that point in time: He instinctively closed his eyes and braced himself, clenching every muscle in his body, including the shoulders, back and neck. 18. At that moment, Mr. Gregg feared and expected that he would be killed within seconds. 19. Mr. Gregg heard loud scraping and grinding sounds as his car was dragged along, for perhaps 100 yards, sandwiched between the PGT truck and the concrete construction barrier. 20. Mr. Gregg's car was violently jostled between the truck and the concrete wall, while Mr. Gregg was tossed around vigorously within the car, jerking left and right, causing his head and neck to move in a "pinball" fashion from side to side. 21. At some point, the Gregg vehicle became disengaged from the truck, and the PGT truck and Gregg vehicle passed by the concrete construction barrier. 22. Mr. Gregg believes and therefore avers that he was in shock after the accident, but he gradually became aware that his vehicle had come to a stop at the side of the road, with the engine no longer running. 23. Mr. Gregg was assisted out of his car by emergency responders, and taken to an ambulance for evaluation. 24. As a result of the accident, Plaintiffs sustained numerous injuries and damages, as detailed below. COUNT I — PLAINTIFFS VS. SCOTT L. KANNAL NEGLIGENCE 25. Paragraphs 1 through 24 are incorporated herein by reference as if set forth at length. 26. The accident was caused by the actions of Mr. Kannal. 27. Mr. Gregg was in no way at fault with respect to the happening of the accident. 28. Mr. Kannal was cited by the Pennsylvania State Police for violating section 3309 of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 3309, Driving on Roadways Laned for Traffic. 29. The negligence, carelessness, and recklessness of Mr. Kannal in causing the accident and the injuries to Plaintiffs consisted of the following: a. changing lanes without properly signaling; b. changing lanes without properly looking out for other vehicles; c. failing to yield the right-of-way; d. failing to take proper and indicated evasive actions to avoid a collision; e. causing a collision; f. failing to keep an adequate lookout for adverse highway conditions and take indicated precautions to avoid accidents as such occurred herein; g. inattentive driving; h. driving while distracted; i. driving too fast for traffic and other pertinent road conditions; and, j. negligence per se, by violating various sections of the Motor Vehicle Code of the Commonwealth of Pennsylvania including 75 Pa. C.S.A. §§ 3303, 3309, 3334, 3335, 3361, 3362 and 3365. 30. As a result of the aforesaid collision, Mr. Gregg suffered multiple and severe serious bodily injuries and required medical care as a result, including but not limited to the following: a. injury and strain to the neck and shoulders; b. disc herniation at C5-6 and C6-7; c. rotator cuff injury, right shoulder; d. cervical spondylitic myelopathy; e. aching, stabbing, burning pains and paresthesias; f. facet generated pain; g. aggravation of pre-existing conditions; h. spinal surgery including anterior cervical diskectomy and fusion at C5-6 and C6-7; i. scarring; J. loss of strength and flexibility; k. reduced ability to sit/drive/lift and carry/and other functional capacities/abilities; 1. loss of stamina; m. headaches; n. use of prescription and non-prescription medications; o. need for physical therapy; p. multiple spinal injections; q. need for further surgeries and treatments; r. significant pain and suffering; s. loss of enjoyment of life; t. difficulties with activities of daily living; u. mental anguish, depression and post traumatic stress disorder; v. medical bills and expenses; w. loss of income; x. diminished earning capacity. 31. Some or all of the above -listed injuries are permanent in nature. 32. Plaintiff has incurred various medical bills and incurred a loss of earnings and/or earning capacity so far uncompensated by motor vehicle or other insurance which is ongoing and may be permanent in nature. 33. At the time of the aforesaid accident, Plaintiff was in the course and scope of his employment with Scott Electric at the time of the collision, such that the full extent of his income losses and medical expenses are recoverable and not limited by 75 P.A. C.S.A. §1722. WHEREFORE, Plaintiffs JAMES M. GREGG and BRANDY GREGG respectfully request that this Honorable Court enter judgment against Defendants for damages in an amount in excess of the Cumberland County limits for compulsory arbitration. COUNT II — PLAINTIFFS VS. PGT TRUCKING, INC. RESPONDEAT SUPERIOR 34. Paragraphs 1 through 33 are incorporated herein by reference as if set forth at length. 35. At the time of the accident, Mr. Kannal was an agent, servant or employee of PGT Trucking, Inc. and was acting within the course and scope of his employment. 36. PGT Trucking, Inc. is bound by and liable for the tortious actions or omissions of Mr. Kannal, by virtue of the doctrine of respondeat superior and/or actual, apparent or ostensible agency and authority. 37. The injuries and losses to Plaintiffs were caused by the negligent, careless and reckless actions and inactions of Mr. Kannal, an agent, servant, and employee of PGT Trucking, Inc., acting within and during the course and scope of his employment, authority, or apparent authority, and therefore, PGT Trucking, Inc. is vicariously liable for the negligence of Mr. Kannal. WHEREFORE, Plaintiffs JAMES M. GREGG and BRANDY GREGG respectfully request that this Honorable Court enter judgment against Defendants for damages in an amount in excess of the Cumberland County limits for compulsory arbitration. COUNT III — PLAINTIFF, BRANDY GREGG V. DEFENDANTS LOSS OF CONSORTIUM 38. The averments of paragraphs 1 through 37 above are incorporated herein by reference as if fully set forth. 39. As a result of the foregoing, Plaintiff James M. Gregg has suffered a diminished capacity to aid, care for and comfort Brandy Gregg, including but not limited to providing household services and care of their children. 40. As a result of the foregoing, Plaintiff Brandy Gregg has been denied the aid, companionship, care, society and household services of her husband, James M. Gregg, and therefore his consortium for which she seeks compensation in a presently unliquidated amount to be determined by the trier of fact. WHEREFORE, Plaintiffs JAMES M. GREGG and BRANDY GREGG respectfully request that this Honorable Court enter judgment against Defendants for damages in an amount in excess of the Cumberland County limits for compulsory arbitration. Respectfully submitted, McQUAIDE BLASKO, INC. By: Dated: December 14 Allen P. Nee y PA I.D. # 65302 Attorney for Plaintiffs JAMES M. GREGG and BRANDY GREGG 811 University Drive State College, PA 16801 814.23 8.4926 Fax: 814.239.9624 VERIFICATION The undersigned verify that the statements made in the foregoing COMPLAINT are true and correct to the best of their knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. §4904, related to unsworn falsification to authority. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW JAMES M. GREGG and BRANDY GREGG, Husband and Wife, Plaintiffs v. Docket No: 2014 - 2406 SCOTT L. KANNAL and PGT TRUCKING, INC. Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs' Complaint in the above - captioned matter was sent regular mail postage prepaid, at the Post Office, State College, Pennsylvania, on this <OIL -day of December 2014 to all attorneys of record: John T. Pion, Esq. Pion, Nerone, Girman, Winslow & Smith, PC 1500 One Gateway Center 420 Fort Duquesne Blvd. Pittsburgh, PA 15222 McQUAIDE BLASKO, INC. By: Allen P. Neely, Esquire Pa. Supreme Court I.D. #65302 Attorneys for Plaintiffs 811 University Drive State College, PA 16801 (814) 238-4926 Fax: (814) 238-9624