The URL can be used to link to this page

Home My WebLink About05-2119 File #01-05-79 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY LD. # 09827 223 North Monroe Street P.O. Box E Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PATRICIAM. SWALLOW 43 Wheatfield Drive Carlisle, PA 17013 IN CIVIL ACTION And , , , , , , , , , , , , , , , , , , , , , , , , , , , , , NO. D5 -,;W9 C~tJ~l ~~ Vs. W.S. THOMAS TRANSFER, INC. 1854 Morgantown Avenue Fairmont, WV 26554 BURL COBB 22 Whispering Ridge Morgantown, WV 26501 NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, yo must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appcaran personally or by an 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 ajudgment may be enter d against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 FIN OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE ~ Y BE ABLE TO PROVIDE YO WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGABLE PERSON AT A REDUCED FEE OR NO FEE. Cumberland County Court of Common Pleas Court Administrator One Courthouse Square Carlisle, P A 17013 (717) 240-6200 File #01-05- 79 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY LD. NO: 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW PATRlCIAM. SWALLOW 43 Wheatfield Drive Carlisle, P A 17013 Vs. W.S. THOMAS TRANSFER, INe. 1854 Morgantown A venue Fairmont, WV 26554 And BURL COBB 22 Whispering Ridge Morgantown, WV 26501 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , IN CIVIL ACTION NO. {)~-;;ulq ec.>d ~ COMPLAINT Motor Vehicle Property Damage I. Plaintiff is an adult individual who at all times pertinent hereto resided at the abov captioned address. 2. Defendant, W.S. Thomas Transfer, Inc., is a business entity authorized to do business in Pennsylvania and was the owner of the motor vehicle involved in this incident and, at all times pertinent hereto, had as a principle place of business the above-captioned address. 3. Defendant, Burl Cobb, is an adult individual and at all times relevant hereto 1 p(jfric; ~ fL S W CL/f ow vS W 5. -rholn6- 5 Ir4..Dster, T()c. 0,,") IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. D5-dW\ ~ CIVIL lefYvt 19 bv( \ Cb6b RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO TIffi HONORABLE. TIffi JUDGES OF SAID COURT: :sf rIA) Q 1ft C. L ro.~, grJ ,G '1' . counseIfor th~defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ ;2, 3&5. 'I, ;art It. The counterclaim of the defendant in the action is ~. The following attorneys are1intere~ed in the case(s) as counselor are otherwise disqualified to sit as arbitrators: S.1e'AJtllr1 r ~f+r(Lbr itO?N7 ,,~d A"""dlL L. SfDYlbcw~h.~9~. t:I ql{DII WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ;r:ttM ORDER OF COURT AND NOW. . 19_. in consideration of the Esq.. foregoing petition, Esq., and actions) as prayed for. . Esq., are appointed arbitrators in the above captioned action (or By the Court, PJ. ~~ I>.l -l:> ..j V\. - C"-- v; ~ ~ ~ R .. 0- ~ o ~ ~1"~~ uL., filP~ ~~:_, ~~:~. ~C. ?:(') <'''t-,.;::,.. ~V' \,~~ Z ~ ~ = <:on E r I U1 ~ :r!-n rnp """. iT' coO 9.) c~ '1 O::L Zo -rn S ;;. '-< -0 :J:: Y? +:'" resided at the above-captioned address and was the operator of the motor vehicle involved in this accident and did so as an agent, servant, workman or employee oft e business and on the behalf ofthe Owner. 4. On August 3, 2004, a motor vehicle owned by Plaintiff, hereafter the Plaintiff's vehicle, was involved in an incident with Defendants. 5. On the aforesaid date, the Plaintiffs vehicle was traveling westbound in the left Ian on the Pennsylvania Turnpike near the Harrisburg West Interchange in Newville, Pennsylvania, when the Defendant, who was traveling westbound in the left lane on the Pennsylvania Tumpike directly in front ofthe Plaintiff's vehicle, blew out its Ie rear truck tire causing debris from the tire to strike the Plaintiff's vehicle causing damage. 6. Defendant driver was negligent and careless and the sole cause of this incident in th t Defendant: (a) Operated the vehicle at an unsafe rate of speed; (b) was inattentive; (c) failed to make proper observation; (d) violated local laws and the laws of the Commonwealth of Pennsylvania. 7. Due to this incident, expenses were incurred for damage to the Plaintiff's vehicle, towing, storage and car rental totaling $2,365.43. COUNT I PLAINTIFF vs. BURL COBB 8. Plaintiff incorporates paragraphs I through 7 inclusive as if fully set forth at length herein. 9. Defendant is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment for $2,365.43 plus interest and costs of suit. 2 COUNT II PLAINTIFF vs. W.S. THOMAS TRANSFER, INC. 10. Plaintiff incorporates paragraph 1 through 9 inclusive as if fully set forth at length herein. 11. Defendant is liable under the Doctrine of Respondent Superior for the negligence f the Defendant driver. 12. Defendant was negligent in entrusting this motor vehicle to someone who Defend t knew or could have known was a dangerous, unlicensed, inexperienced or careless motor vehicle operator. WHEREFORE, Plaintiff demands judgment for $2,365.43 plus interest and cos s of suit. EWART C. CRA WF Attorney for Plaintiff 3 VERIFICATION The undersigned verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 P A. C.S. Section 490 relating to unsworn falsifications to authorities. Date: yJo~ y lSTEW ART C. CM WFO Attorney for Plaintiff 4 to G> \t-'i - '" w f.J ~ -.) r-' 0 r; ~~:7:~ --n (" c..:, :~;:! ::~"" W l0 i"- o ~ ~ Ir-t \:J ~ r-- b J ::\) -r',' N _.,:\ :,:,' !..."? ~ f"") ;;..- r File #01-05-79 THE LAW OFFICES OF STEW ART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford ATTORNEY I.D. # 09827 223 North Monroe Street Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW PATRICIAM. SWALLOW 43 Wheattield Drive Carlisle, PA 17013 IN CIVIL ACTION NO.: 05-2119 Civil Term vs. W.S. THOMAS TRANSFER, INC. 1854 Morgantown Avenue Fairmont, WV 26554 and BURL COBB 22 Whispering Ridge Morgantown, WV 26501 CERTIFICATE OF SERVICE I, STEWART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certily that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon Defendant W.S. Thomas Transfer, Inc. by certified mail #7004 28900003 9683 9783, Return Receipt Requested on April 28, 2005. A copy of the documents is attached hereto. W.S. Thomas Transfer, Inc. 1854 Morgantown Avenue Fairmont, WV 26554 ~;&j;:) DATE / ....If. J2 '/. --: //1 / . [i,.i,A . -.c~' .. w#. STE ART C. CRAWFORD Attorney for Plaintiff I ! . c' )~ ~or- r:l-f)ru us (lek)/] ~ c 0/-0,:>-11 SENDER: COMPLETE THIS SECTION " . . !VI I '''JaiL' ({'It' . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maiJpiece, or on the front if space permits. 1. Article Addressed to: W.S. Thomas Transfer, Inc. 1854 Morgantown Avenue Fairmont, WV 26554 A:signature-"'" r o Agent o Addressee Date of DeliverY" x ....... ...... c.. . ". c-' - - ,,' .... .,........'... ~ ~B., Re9~lved by (Printed Name).' \' ". Do IsdeUveryaddressdifferent1romitem1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type J1 Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.D.o. 4. Restricted Delivery? (Extra Fee) DYes . 2. Article Number (Transfer from service label) PS Form 3811 , August 2001 en <0 r-- lr en <0 .ll lr "-_~___I~__~..__,-_~____~~_J , Pos\agl~ \ $ If .- rn 1----~--1 -~~::y~-~.~, o ICertifled FeEl i t /~-,,-'i ;;:::: ' ~ Retur~Reco"i-PtF~e ~._---~.~(,(~~/ P~~wk (EndOrSemfrlt Required) t ("S-_~,' :-i~~ Cl RestrictedjDeliveryFee r-----I' '> '% ~ (EndOrsemtnt Required) I -1 ru Total po*.' age& Fees i $ 1/. ~S ~ I ~...: j o Sent To o r-- ',,<~;:> 'l.;," ,- \_> t W.S. Thomas Transfer, Inc. sfiii;eApINo.,' ] 854 M t A or PO Box o. organ own venue lci,;,;',;.;,.: 'ip" Fairmont WV 26554 . I ' ~i!ltr...(t~"" """"',.,,,:.'. 7004 2890 0003 9683 9783 ~" ,,--..-'-.----'-'--- Domestic Return Receipt 1Q2595-02-M-154Q m en <0 <0 r-- r-- <r <r en en <0 <0 .ll .ll <r <r en en 0 0 0 0 0 0 0 0 <r lr <0 <0 ru ru ~ ~ 0 0 0 0 r-- r-- !' '*, ~,~t!;:~~i::..;:,.:.~.,:C;,::;:~."'~'~",,"~2:-" ~w!";':k_~~~ , I L ;c\.\,;.ir,(\~ '. (",Wi,,;.:j ]'"'.,:0 ; ::'je:l;'n (Erl'J,-"3<3:-:13iH , T,." ""',,;" E, F% l2~~=~~" ._.._------.,-_."~-_.~-<-_._-_.-_._-,,.._._._... - 'f.:efli!O : ~ir~:.i[ 'Ap~: i,D",;'. : {1r,r-DBox r,'o W.S. Thomas Transfer, Inc. 1854 Morgantown Avenue Fairmont, WV 26554 ---wiE l>h<",3;}.;i,,',:;;/IS;':' trt;~~~~;~~.... . Complete items 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: W.S. Thomas Transfer, Inc. ] 854 Morgantown A venue Fairmont, WV 26554 ~i' 2. Article Number (Transfer from service fabeO PS Form 3811. August 2001 ,i" 3. Service Type </,,-'F S ptf Certified Mail 0 Express Mail D Registered D Return Receipt for Merchandise D Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) DYes -,--,,- 7004 2890 0003 9683 9783 102595-02-M.1S':'O Domestic Return Receipt '>' 0 C") "l'\ ,"'::'1 ;;:f1 :::rc ~ _.~ I tf; -0; _0_' ..0- i~.? c ..-<, Cf..,' , File #01-05-79 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford ATTORNEY I.D. # 09827 223 North Monroe Street Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW PATRICIAM. SWALLOW 43 Wheattield Drive Carlisle, PA 17013 IN CIVIL ACTION NO.: 05-2119 Civil Term vs. W.S. THOMAS TRANSFER, INC. 1854 Morgantown Avenue Fainnont, WV 26554 and BURL COBB 22 Whispering Ridge Morgantown, WV 26501 CERTIFICATE OF SERVICE I, STEW ART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon Defendant Burl Cobb by certified mail #7004 2890 0003 9683 9790, Return Receipt Requested on April 28, 2005. A copy of the documents is attached hereto. Mr. Burl Cobb 22 Whispering Ridge Morgantown, PA 26501 . <; /o/b -,- . DATE , . /r- /{://;( Jf;;;.~ (~/ Lu'P../T (! ~ c~ (.,L~ ' ~ STEW ART C. CRAWFORD Attorney for Plaintiff ~a;4/6 ,.;Jiuct//C/t) )/5 {!ohh . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: Mr. Burl Cobb 22 Whispering Ridge Morgantown, WV 26501 ; 2. Article Number (Transfer from service label) i PS Form 3811, August 2001 o a- f'- a- m "" ...n a- U.S. Postal Service,. CERTIFIED MAil,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) PO,I,g, $ ~- -~. "--', m.j , H _I ! m o o D Return Receipt Fae (Endorsement Required) D Restricted Delivery Fee D""" (Endorsement Aequired} "" ru Certified Fee Postmark H~'ra Total Postage & Fees $ ~ D Sent 0 ~ =___nnno Mr. Burl Cobb .:>Ireet,Apt. 2 . 0,POBoxI2 Whispering Ridge cltji-siai.;: Morgantown, WV 26501 X B. ReceIVed by (PrlA1.Iii iJ"",er ' o Agent o Addressee cf5ai~ ~f DeliverY 0 0 a- a- f'- f'- a- a- m m "" "" ...n ...n a- a- m m 0 0 0 0 0 0 0 0 a- a- "" "" ru ru ~ ~ 0 0 0 0 f'- f'- D. Is delivery address different from item 1? DYes If YES, enter delivery address below: D No 3. Service Type g( Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.CD. 4. Restricted Delivery? (Extra Fee) DYes 7004 2890 0003 9683 9790 Mr. Burl Cobb 22 Whispering Ridge Morgantown, WV 26501 3. Service Type rli Certifjed Mail o Registered D Insured Mail Domestic Return Receipt ---- - iiiiiiii - !!!!!!!!!!!!!'! - == - - - = 102595-02-M-1540 O.S.PostaIServicelM . . CERTIFIED MAl!.,. RECa;n~T tpomesUcMailOnly; NolIJsuraflCfl~.~ For-..rv;nlonnallon vi$it. ""'.....,... -----.---r---~-.._-- PQstage 1.$ ~--_."'-----_. CDr1ijiedFee L.__,._____._.. Re!l:m Aaceipl Fee I \End(";rS8ri'.8n: Re(jui!..~f.i) '------,.----.-.--...- (;~~~~~~~;,~~~~';~Gi;~~)! _ .. .___;:;-___ ToICi! oQ$t",giO-~, r"!?s ~i.,-~_~__.__ ! SelJtTiJ ,_"u_.. Mr. Burl Cobb i Street. Apt. . , oc POBm " 22 Whispering Ridge ',,;,,:-.'a;;- Morgantown, WV 26501 1~1...,,,..VI.'.JIlIjT1;n."';Il' I _l",..:~~~:~~~r""~~: I plate item 4 if Restricted.Delivery is desi dj . Print your name and address on th r~e~ so that we can return the card to yo - . Attach this card t~..:.tha back of the ma '~ce, i' or on the front if $pace permits. -- 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES, enter deHvery address below: 0 No o Express Mail D Return Receipt for Merchandise DC.C.D. 4. Restricted Delivery? (Extra Fee) DYes 2. MeleNumber 7004 2890 0003 9683 9790 (Transfer from setVice labelj ___ ~~r.m..es,1~;O/\ugu4\ i$lMit II Ii I ill. I' (1Q~~~~mM~fl~fPI~1 t. Ii. 1" I i Ii i I i II i02595-02-M-1540 , USPS - Track & Confirm Page 1 of 1 iii!!!!J!!!I UNITED STIJTES ~ POSTI.lL SERV1CE~ Track & Confirm Current Status Track & Confirm You entered 7004 2890 0003 9683 9790 Enter label number: I Your item was delivered at 1:45 pm on April 28, 2005 in MORGANTOWN. WV 26501. Notification Options Track & Confirm FAQs ~ Track & Confirm by email WhJt is this? G,,;> . POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright@1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.com/netdata-cgi/db2www/cbd _243 .d2w/output 05/1 0/2005 ......,.._.~..,--.- ,\ .-\ -_~c ". ~ ~', ':"" ,~. \.P - MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Amanda 1. Stombaugh, Esquire I.D. No. 94011 4200 Crums Mill Road Harrisburg,PA 17112 (717) 651-3531 Attorneys for the Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA M. SWALLOW, Plaintiff v. w.s. THOMAS TRANSFER, INC. and BURL COBB, Defendants CIVIL ACTION - LAW .11fC1 NO. 05-2199 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendants, W.S. Thomas Transfer, Inc. and Burl Cobb, in the above captioned case. DATE: 5//6/0.:) BY: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN ~.:Lh~ LD. No. 94011 4200 Crums Mill Road Harrisburg,PA 17112 (717) 651-3531 Attorneys for the Defendants .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIAM. SWALLOW, Plaintiff CIVIL ACTION - LAW v. NO. 05-2199 CIVIL TERM W.s. THOMAS TRANSFER, INC. and BURL COBB, Defendants CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this lkfuday of May, 2005, I served a copy ofthe foregoing document via First Class United States mail, postage prepaid as follows: Stewart C. Crawford, Esquire 223 North Monroe Street Media, P A 19063 o~~ ~ ztffi- Angela Zt la Q <;;;' ~ ,.. l:r r~ \\ --- ~:;?, ,...j c...n ..<J. ..- ~.:: -,) ~ ~ ~ ~~) ..~ 0"' - - MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Amanda 1. Stombaugh, Esquire LD. No. 94011 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3531 Attorneys for the Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIAM. SWALLOW, Plaintiff v. CIVIL ACTION - LAW or- ;)/19 NO. 0, LlY'.I CIVIL TERM W.S. THOMAS TRANSFER, INC. and BURL COBB, Defendants NOTICE TO PLEAD TO: Patricia M. Swallow, Plaintiff clo Stewart C. Crawford, Esquire 223 North Monroe Street P.O. Box B Media, P A 19063 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 5/16/OS BY: t)YY/tnb J- ~cu.9i~ Amanda 1. Stombaugh, EsqUire MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Amanda 1. Stombaugh, Esquire LD. No. 94011 4200 Crums Mill Road Harrisburg,PA 17112 (717) 651-3531 Attorneys for the Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA M. SWALLOW, Plaintiff CIVIL ACTION - LAW v. NO. 05-2199 CIVIL TERM W.S. THOMAS TRANSFER, INC. and BURL COBB, Defendants ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendants, W.S. Thomas Transfer, Inc. and Burl Cobb, by and through the undersigned counsel, who answer Plaintiff's Complaint as follows: I. Admitted in part; denied in part. It is admitted only that Plaintiff is who she says she is. All remaining allegations set forth in this paragraph are denied in accordance with Pa.R.c.P. 1029(c) and proof thereof is demanded to the extent relevant. 2. Admitted in part; denied in part. It is admitted only that Defendant W.S. Thomas Transfer, Inc. is a business entity which occasionally conducts business in Pennsylvania and further that it was the owner of a motor vehicle which lost some tire tread on the Pennsylvania Turnpike on August 3, 2004. All remaining averments set forth in this paragraph are denied and proof thereof to the contrary is demanded, if relevant. 3. Admitted in part; denied in part. It is admitted that Defendant Burl Cobb is an adult individual who resides in Morgantown, West Virginia, as alleged, and further admitted that Mr. Cobb operated a motor vehicle as alleged. That motor vehicle lost a tire tread on the Pennsylvania Turnpike on August 3, 2004. Lastly, it is admitted that at the time relevant to the loss of the tire tread from that motor vehicle Mr Cobb was acting in the course and scope of his employment with Defendant W.S. Thomas Transfer, Inc. All remaining allegations set forth in this paragraph are denied and proof thereof to the contrary is demanded, if relevant. 4. Admitted in part; denied in part. It is admitted only that on August 3, 2004, Defendant's motor vehicle lost a tire tread on the Pennsylvania Turnpike westbound. By way of further answer, it is specifically denied that "a motor vehicle owned by Plaintiff was involved in an incident with Defendants". To the contrary, Plaintiff ran over a tire tread which tire tread had come off Defendant's vehicle. 5. Admitted in part; denied in part. It is admitted only that on August 3, 2004, Defendant's vehicle lost a tire tread while traveling westbound on the Pennsylvania Turnpike as alleged and that at that time Defendant's vehicle was ahead of Plaintiffs vehicle on the Turnpike. It is specifically denied that Defendant... blew out its left rear truck tire, as alleged. To the contrary, the tire on Defendant's vehicle blew out but Defendants did not cause it to blowout. All remaining allegations set forth in this paragraph are denied and proof thereof to the contrary is demanded to the extent relevant. 6. Denied. The allegations set forth in this paragraph, together with its subparts (a)- (d), constitute conclusions oflaw within the meaning ofPa.R.C.P. 1029(e) to which no further 2 responsive pleading is required, and accordingly, these allegations are denied and proof thereof to the contrary is demanded, to the extent relevant. 7. Denied. The averments set forth in this paragraph are denied as conclusions of law to which no further responsive pleading is required. By way of further answer, to the extent that any further responsive pleading is deemed required from answering Defendants, then the allegations set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(c). COUNT I PLAINTIFF v. BURL COBB 8. Answering Defendants incorporate by reference their responses to Paragraphs 1-8 above as if set forth at length herein. 9. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning ofPa.R.C.P. 1029(e) to which no further responsive pleading is required as a matter oflaw. WHEREFORE, Defendant Burl Cobb demands judgment in his favor and against Plaintiff together with such other relief as the Court shall deem appropriate. COUNT II PLAINTIFF v. W.S. THOMAS TRANSFER, INC. 10. Answering Defendants incorporate by reference their responses to Paragraphs 1-9 above as if set forth at length herein. 3 11. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning ofPa.R.C.P. 1029(e) to which no further responsive pleading is required as a matter oflaw. 12. Denied. The allegations set forth in this paragraph constitute conclusions oflaw within the meaning ofPa.R.C.P. 1029(e) to which no further responsive pleading is required as a matter oflaw. WHEREFORE, Defendant Burl Cobb demands judgment in his favor and against Plaintiff together with such other relief as the Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 13. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted as against Answering Defendants as a matter oflaw. 14. Defendants reserve the right to raise one or more of those defenses preserved at Pa.R.C.P. 1030. 15. Plaintiff's claims may be barred and/or limited by the Pennsylvania Comparative Negligence Statute. 16. Plaintiff's claims may be barred andlor limited by applicable provisions of the Pennsylvania Traffic Code, 75 Pennsylvania Statutes. 17. Plaintiff's claims may be barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 4 WHEREFORE, Defendants demand judgment in their favor and against Plaintiff together with such other relief as this Court shall deem appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: (~~1A j ~b~t Amanda 1. Stombaugh, Esquire ,~ LD. No. 94011 4200 Crums Mill Road Harrisburg, P A 17112 (717) 651-3531 DATE: 51) 6/ ()tJ Attorneys for the Defendants, W.S. Thomas Transfer, Inc. and Burl Cobb 105_ A ILlASI TJMILLPGI 1849881ACS115000150000 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendants' Answer with New Matter to 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 ofthe defense of this lawsuit. The language of the Defendants' Answer with New Matter to Plaintiff's Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the ex ent that it is based upon information which I have given to counsel, it is true and correct to th best of my knowledge, infol1J1ation and belief. To the extent that the contents of the Defe dants' Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon Ly counsel in making this verification. TIle undersigned also understands that the statements th ein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifiea .on to authorities. ~h, (]~l.~. Burl Cobb DATE: -r;-. IS- tJ S- VERIFICATION The undersigned hereby verifies that the statem.eo.ts in the foregoing Defendantll' A lISWer with New Matter to Plaintiff's Complaint lll"ll bued upon jnformation which hu been furnished to counsel by me and information which has been pthered by counsel in the preparation crthe defense of this lawsuit. The language of the Defendants' Answer with New Matter to PlBintifi's Complaint is that of counsel and Dot my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the C);tent that it is based upon information which I have given to collI18CI, it is true and correct to th., best of my knowledge, information and bolier. To the extent that the contentll of the DefeD.dantl:' Answer with Now Mllttl!ll' tQ Plaintiffs Complaint are that of counsel, I have relied upon my COllnlel in making this verification. The undersigned also understand5 thid the statements thnrein are made su~ject to tho penalties of 18 Pa-C.S. Section 4904, relating to unsworn falsification to authorities. BY; W.S. THOMAS TRANSFER., INC. 11' Af's~ v-f Title: DATE: f~S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIAM. SWALLOW, Plaintiff CIVIL ACTION - LAW v. NO. 05-2199 CIVIL TERM W.S. THOMAS TRANSFER, INC. and BURL COBB, Defendants CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this J /p~ ~ay of May, 2005, I served a copy ofthe foregoing document via First Class United States mail, postage prepaid as follows: Stewart C. Crawford, Esquire 223 North Monroe Street Media, P A 19063 "- ~eJ~~ Angela Zil f'-.." "I r:t: ----------- - . ,., . MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Amanda 1. Stombaugh, Esquire LD. No. 94011 4200 Crums Mill Road Harrisburg,PA 17112 (717) 651-3531 Attorneys for the Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIAM. SWALLOW, Plaintiff CIVIL ACTION - LAW v. NO. 05-2119 CIVIL TERM W.S. THOMAS TRANSFER, INC. and BURL COBB, Defendants CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.25 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.25, Defendants certify that: (1) Plaintiff was noticed via telephone of Defendants' intent to serve the subpoena attached hereto; (2) Plaintiff waived notice of Defendants' intent to serve the subpoena attached hereto; (3) Defendants' confirmed Plaintiffs waiver of notice of intent to serve the subpoena hereto by correspondence dated May 23, 2005. A copy of this correspondence is also attached; and - ,.,. " .. (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 5/~6IfJS BY: ~kJ~, Amanda 1. Stombaugh, Esquire J.D. NO. 94011 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3531 - Attorney for Defendants j~_.. .. . '-""'/ -...J IN THE COURT OF COMMON PU:AS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIAM. SWALLOW, Plaintiff CIVIL ACTION - LAW v. :loll" NO. 05-~ CIVIL TERM W.S. THOMAS TRANSFER, INC. and BURL COBB, Defendants SUBPOENA TQ PRODUCE DOCUMENfS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009;2~ TO: Pennsylvania State Police Commissioner Jeffrey Miller. Pennwlvania State Police Headquarters. 1800 ElmertonAvenue. Harrisburg. FA 17110 (Name of Person or Entity) Within twenty (20.1 days aller service of this subpoena, you are ordered by the court to produce the following documents Dr thing: Anv and all infonnation includin2. but not limited to reDons. photol!Ta,phs. notes. dis."..m. and/or any other information oe-;";"2 to an investi2ation of an automobile accident that occurred on AUlNSt 3. 2004 on Route 76 iPennsvIvania TurQpike) in Fairview Towoshio. York Countv. Pennsvlvania: Incident No. T05-5014994: CnlSh No. P0633551. at: ~arshall Dellllehev Warner Coleman & GooIDn. 4200 Crums Mill Road. Ste. B. Hanisbl1l1l. PA 17112 (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 prc.duce 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. TInS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Amanda L. Stombaullh. BlKluire ADDRESS: ~~ms ~ill Road Suite B Hm:ii!'UT2. P A 17112 TELEPHONB: QJ 7) 6S 1-3531 SUPREME COURr ID# Wl!! ATTORNEY FOR Defendants DATE: fY6l...t 17, J..6t>S BY~Court:. ~(" L:t..~~~ _~I Prothono y ___ ~O~ IJ 8 7itYlD-'I- r Deputy ---- Seal of the Court ~" -<. ~.5 c, ~j; -T1 --< ',". ....') _J -:., (J) .:=' f(;ff,'C; ~ r7. S uJ{L /I 00 \JS W 5. -rhOM!A5 Irwstev, I()C 0....) bV( \ Cbb6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- d W~ CIVIL "leJ'M 19.. RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: -st p ",) (Llit C. C ((A~, ~rA ~ '1 ,counsel for th{Plain~defendant in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ ;2,305. '13 ;rr( IA The counterclaim of the defendant in the action is ~. The following attorneys are1interes,ted in the case(s) as counselor are otherwise disqualified to sit as arbitrators: . Stet.JturLt.[f'Clr-'{1J. t1y it M f:)7 ,,~~ AI'M-do... L. Sfanb lW~h ,~9q. t:I q Lf 011 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. foregoing petition, Esq.,and t..p~jd JlK..iJ actions) as prayed for. ;;:ttt-f/ ORDER OF COURT / ,).9~, in consideration of the Esq., ~ j{,.I;~) ,Esq., are appointed arbitrators in the above captioned action (or B'<heC'~ PJ. ~ ~ ~ (") ...., c = 0 ._-, = ~;;~ fT c.n -n ~ <- :t .... l>.. 1f .'- c:: <'- ",,:' r- en:!] --c C/} r- V; I ;gf5 --.I -<- <.'1 ,....::::,;> ~ v\. <..- .~. OJ. ~ .. '.,..:- =cJfd sf ~~~ " .1--;; q ::r.: 0--< :~C) 2 Z <t? om =;:! ;;;;! ."'I] 0:- .-< f t ~~ - lr, ~ lA. t:L t-? tJ/ '...."'1,..-'8 ....,.",' ...,( S 1 :0\ ':W 8- lnr SGOZ ^B'v'j.G:'~O;"LCdd 3Hl :lO jJE~O-a:Jl\:l PATRICIA M. SWALLOW Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-2119 Civil Term W.S. THOMAS TRANSFER, INC., and BURL COBB Defendants CIVIL ACTION ORDER , ". NOW, , "I!<.::.:datJ ~I ,2005, the court having previously appointed a Board of Arbitrators, and the Chairman relating that he has been advised by Plaintiff's counsel that the parties have reached a settlement agreement before the matter was heard, it is hereby ORDERED that the Order of July 8, 2005 appointing a Board of Arbitrators is vacated. Frederick 1. Huganir, ~ Esquire, Chainnan, shall be paid the sum of $ ~ ()" 0 0 By the Court, ~ /- J. Stewart C. Crawford, Esq. - for Plaintiff 223 N. Monroe St. PO Box E Media, PA 19063 Amanda Stombaugh, Esq. - for Defenda t MARSHALL DENNEHEY WARNER 4200 Crums Mill Rd. Harrisburg, PA 17112 I(-dl-(J~ (!~ ~L 1* Frederick 1. Huganir, Esquire 36 S. Hanover St. PO Box 308 Carlisle, PA 17013-0308 Court Administrator L r ~0 ,;-..'" ,1 ki \ -, ,ll f'\"I\"1--! :,0\';'-' - - ----- - FILE # 01-05-79/ RF LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY LD. NO. 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION LAW PATRICIA M. SWALLOW IN CIVIL ACTION VS. NO.05-2119 W.S. THOMAS TRANSFER. INC. & BURL COBB PRAECIPE TO ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the record in the above-captioned matter as "Settled, Discontinued and Ended" upon payment of costs. JYdi)~ STEWART C. RA D,ESQ. Attorney for Plaintiff .,:-, I C.-) )'" G