HomeMy WebLinkAbout05-2275LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLV NIA
V. NO. DS - oZa 0i?t
DAMON BECKNEL, RICHARD J. CIVIL ACTION - LAW
CORN, JR. and SHAFFER
TRUCKING, INC.
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set orth
in the following pages, you must take action within twenty (20) days after this Com taint
and Notice are served, by entering a written appearance personally or by attorney nd
filing in writing with the Court your defenses or objections to the claims set forth ag inst
you. You are warned that if you fail to do so the case may proceed without you an a
judgment may be entered against you by the Court without further notice for any m ney
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. ou
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO .
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND CO. BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
accidn dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de ue
si usted falla de tomar acci6n como se describe anteriormente, el caso puede proc der
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cual uier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en con ra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAME?
SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICIi
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBR
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COST A
PERSONAS QUE CUALIFICAN.
CUMBERLAND CO. BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL, RICHARD J
CORN, JR. and SHAFFER
TRUCKING, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV/
NO. 6S- o??7S (21 1L
CIVIL ACTION - LAW
COMPLAINT
AND NOW comes the Plaintiff, by her attorneys, Wix, Wenger & Weidner
sets forth the following.
1. The Plaintiff is an adult individual residing at 233 Roesch Avenue,
Oreland, Pennsylvania 19075.
2. Defendant Damon Becknel is an adult individual residing at 711A
Avenue, Wahiawa, Hawaii 96786.
3. Defendant Richard J. Corn, Jr. is an adult individual residing at 106
Wadsworth, Lot 38, Orrville, Ohio 44667.
4. Shaffer Trucking Company is a Pennsylvania corporation having
located at 49 East Main Street, U.S. Route 11, New Kingstown, Pennsylvania 1
5. The facts and occurrences hereinafter took place on or about
5, 2003 on the Pennsylvania Turnpike in Lower Allen Township, Cumberland
Pennsylvania.
6. At the time and place aforesaid, Plaintiff was the owner and
1999 Plymouth Voyager, and she was then and there proceeding eastbound on
Pennsylvania Turnpike.
7. At the time and place aforesaid, Defendant Becknel was the owner
operator of a tractor trailer that was proceeding eastbound following the Plaintiffs
of a
vehicle, and Defendant Becknel caused or allowed his vehicle to strike the right rear of
Plaintiffs vehicle.
8. At the time and place aforesaid, Defendant Corn was the operator of
tractor trailer that was proceeding eastbound on the turnpike when he caused or
allowed his vehicle to strike Defendant Becknel's vehicle and then struck the Plaintiff's
vehicle resulting in the damages hereinafter set forth.
9. At all times relevant hereto, Defendant Corn was the agent, servant
employee of Defendant Shaffer Trucking, Inc. and acting within the scope of such
agency or employment.
COUNT I
Lynn A. Johnson v. Damon Becknel
10. Plaintiff incorporates herein by reference paragraphs 1 through 9 of
Complaint.
11. Defendant Becknel was negligent in that he:
a) operated his vehicle at a speed too fast for conditions then and there
existing;
2
b) failed to have his vehicle under control so as to avoid striking the
Plaintiffs vehicle;
c) faiied to keep a proper lookout for other vehicles; and
d) failed to keep a proper distance behind vehicles proceeding ahead
12. Solely as a result of Defendant's negligence, Plaintiff's vehicle
damages totaling FIVE THOUSAND FOUR HUNDRED SIXTY-SIX and 70/100
($5,466.70) DOLLARS.
WHEREFORE, Plaintiff demands judgment against the Defendant in an
not in excess of mandatory arbitration limits.
COUNT II
LYNN A. JOHNSON v. RICHARD J. CORN. JR.
and SHAFFER TRUCKING. INC.
13. Plaintiff incorporates herein by reference paragraphs 1 through 12
Complaint.
14. Defendant Corn was negligent in that he:
a) operated his vehicle at a speed too fast for conditions then and
existing;
of
him.
this
b) failed to have his vehicle under control so as to avoid striking the reat of
Plaintiff's vehicle;
C) failed to keep a proper lookout for other vehicles; and
d) failed to keep a proper distance behind vehicles proceeding ahead
I him.
3
12. Sclely as a result of Defendant's negligence, Plaintiff's vehicle
damages totaling FIVE THOUSAND FOUR HUNDRED SIXTY-SIX and 70/100
($5,466.70) DOLLARS.
WHEREFORE, Plaintiff demands judgment against the Defendant in an
not in excess of mandatory arbitration limits.
Respectfully submitted,
WIX, WENGER & WEIDNER
By Ask
Richard H. Wix, Esq., ID# 07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
Dated: (717) 652-8455
u{.Ic?? Io5
4
VERIFICATION
I, Lynn A. Johnson, have read the foregoing Complaint which has been draftod by
my counsel. The factual statements and/or denials contained therein are true and
to the best of my knowledge, information and belief. 1 am authorized to make this
verification.
This verification is made only as to the factual averments contained therein and
not to legal conclusions and averments authorized by counsel in his capacity as
for the party or parties hereto.
This verification is made subject to the penalties of 18 PA. C.S. Sections 4904,
relating to unsworn falsification to authorities which provides that, if I
false averments, I may be subject to criminal penalties.
S
Date: i
Lynn A. Johnson/
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02275 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JOHNSON LYNN A
VS
BECKNEL DAMON ET AL
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHAFFER
INC
the
DEFENDANT , at 0923:00 HOURS, on the 6th day of May , 2005
at 49 EAST MAIN STREET
NEW KINGSTOWN, PA 17
by handing to
NANCY MOSER, ADMINISTRATIVE ASSISTANT, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 5.18
Postage .37
Surcharge 10.00
.00
33.55
Sworn and Subscribed to before
me this fa 6 day of
YGta? ?UO? A. D.
P othonotar y?
So Answers:
R. Thomas Kline
05/09/2005
WIX WENGER WEIDNER
By. ?-Ia
Deputy She ff
r
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR. and
SCHAFFER TRUCKING, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVANIA
NO. 05-2275 Civil Term
CIVIL ACTION LAW
PRAECIPE TO ENTER OF APPEARANCE
To the Prothonotary:
Please enter my appearance on behalf of Defendants, Richard J. Corn, Jr. and
Schaffer Trucking, Inc.
Respectfully submitted:
Dougg s B. arcello
Marcello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
O: (717) 240-4686
F: (717) 258-4686
CERTIFICATE OF SERVICE
I certify that the foregoing document in the within action was served upon the following
by enclosing the same in an envelope addressed as follows, postage prepaid and
depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the
day of , 2005.
Richard H. Wix, Esq.
4705 Duke St.
Harrisburg, PA 17109-3099
Damon Becknel
711 A Voigbt Ave.
Wahiawa, Hawaii 96786
Douglas B. Marcello
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LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR. and
SCHAFFER TRUCKING, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVANIA
NO. 05-2275 Civil Term
CIVIL ACTION LAW
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF
DEFENDANTS CORN AND SCHAFFER TRUCKING, INC.
And now this ;)7 le- day of May, 2005, comes Defendants Richard J. Corn, Jr,
and Schaffer Trucking, Inc. by their attorneys, Marcello & Kivisto, LLC and
answers Plaintiff's Complaint as follows:
1. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 1, hence they are denied and proof is
demanded at time of trial.
2. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 2, hence they are denied and proof is
demanded at time of trial. Denied.
3. Admitted.
4. Admitted.
5. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e) pending discovery.
6. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 6, hence they are denied and proof is
demanded at time of trial.
7. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 7, hence they are denied and proof is
demanded at time of trial.
8. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e).
9. Admitted.
COUNTI
Johnson v. Becknel
10. Answering Defendants incorporate their answers to paragraphs 1-9 as if set
forth in full.
11.-12. The averments of paragraphs 11 and 12 are directed to a party other
than Answering Defendants, hence no responsive pleading is required. In
r
the alternative, the averments are denied pursuant to Pa.R.C.P. Rule
1029(e).
COUNT II
Johnson v. Corn and Shaffer Trucking, Inc.
13. Answering Defendants incorporate their answers to paragraphs 1-12 as if
set forth in full.
14. Denied. The averments are denied pursuant to Pa.R.C.P. Rule 1029(e).
12. (misnumbered) Denied. The averments are denied pursuant to Pa.R.C.P.
Rule 1029(e).
NEW MATTER
15. Some or all of Plaintiff's claims may be barred by the statute of limitations.
16. Some or all of Plaintiff's claims may be barred by the Plaintiffs comparative
or contributory negligence.
17. Some or all of Plaintiffs claims may be barred or reduced by the provisions
of the Pennsylvania Financial Responsibility Act.
18. Some or all of Plaintiffs claims may be barred or reduced by Plaintiffs
election of the limited tort option.
CROSS CLAIM
19. Answering Defendants incorporate the averments of paragraphs 1, 2, 5, 6,
7, and 11 of Plaintiffs Complaint as if set forth in full without admitting the
truth thereof.
20. If Plaintiff suffered damages for which a party is liable, Answering
Defendants assert that Defendant Becknel is solely liable to Plaintiff, liable
over to Answering Defendants for indemnification, or is jointly or severally
liable to Plaintiff.
Wherefore, Answering Defendants request this Honorable Court hold
Defendant Becknel is solely liable to Plaintiff, liable over to Answering
Defendants for indemnification, or is jointly or severally liable to Plaintiff.
Respectfully submitted:
Doug s B. arcello
Mar ello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
O: (717) 240-4686
F: (717) 258-4686
VERIFICATION
I hereby verify that the averments made in the attached document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.
Section 4904 relating to unworn falsification to authorities.
By:
Dated: 5/ 7/DJ
CERTIFICATE OF SERVICE
I certify that the foregoing document in the within action was served upon the following
by enclosing the same in an envelope addressed as follows, postage prepaid and
depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 2
day of *% 2005.
Richard H. Wix, Esq.
4705 Duke St.
Harrisburg, PA 17109-3099
Damon Becknel
711A Voight Ave.
Wahiawa, Hawaii 96786
Dougl B. rcello
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LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR. and
SCHAFFER TRUCKING, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2275
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
15. Denied. This paragraph contains a conclusion of law to which no
responsive pleading is required.
16. Denied. This paragraph contains a conclusion of law to which no
responsive pleading is required.
17. Denied. This paragraph contains a conclusion of law to which no
responsive pleading is required.
18. Denied. This paragraph contains a conclusion of law to which no
responsive pleading is required.
WHEREFORE, Plaintiff demands judgment in her favor and against
Defendants in an amount not in excess of mandatory arbitration limits.
Respectfully submitted,
WIX, WENGER & WEIDNER
By
Richard H. Wix, Esq.ID#072 4
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109
(717) 652-8455
Dated: 611105-
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of June, 2005, I, Kathryn L. Wix, Esquire, an
Associate of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that
I served the within Answer to New Matter this date by depositing a copy of same in the
United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows:
Douglas B. Marcello, Esquire
Marcello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
Damon Becknel
711 A Voight Ave.
Wahiawa, Hawaii 96786
WIX, WENGER & WEIDNER
'Kathryn L. ix, E/s ire
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LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR. and:
SCHAFFER TRUCKING, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVANIA
NO. 05-2275 Civil Term
CIVIL ACTION LAW
JURY TRIAL DEMANDED
DEFENDANTS RICHARD J. CORN, JR.'S AND SCHAFFER TRUCKING,
INC.'S PETITON FOR LEAVE TO AMEND ANSWER
Defendants' Richard J. Corn, Jr. and Schaffer Trucking, Inc., by their undersigned
attorneys, petition this Court under Pa.R.C.P. 1033 for leave to file an amended answer
with an amended Cross-Claim against Defendant Damon Becknel and a Counterclaim
against Plaintiff Lynn Johnson, and in support thereof represent the following:
1. In her complaint, plaintiff alleged that her vehicle sustained damage when she collided
with Defendant Becknel and Defendants Corn and Schaffer on December 5, 2003.
2. On May 27, 2005, Moving Defendants timely filed an answer with New Matter and a
Cross-Claim against Defendant Becknel. A copy of the answer is attached as Exhibit
«A
3. In the Answer, Moving Defendants only alleged that if Plaintiff suffered damages that
Defendant Becknel was solely liable to Plaintiff, liable over to Moving Defendants for
indemnification, or jointly or severally liable to Plaintiff.
4. Following a review of all facts and information known to Defendants Corn and
Schaffer, Moving Defendants now believe that Plaintiff and Defendant Becknel are
responsible for all damages that occurred on December 5, 2003.
5. The accident of December 5, 2003 caused Moving Defendants to incur damages in the
amount of $9,349.70.
6. The accident of December 5, 2003 occurred when Plaintiff lost control of her vehicle.
Defendant Becknel who is alleged to have been following Plaintiffs vehicle to closely
then struck the rear of Plaintiffs vehicle, causing Plaintiff's vehicle to strike Defendants
Corn and Schaffer Trucking's vehicle. Defendant Becknel also struck the side of
Defendants Corn and Schaffer Trucking's vehicle.
7. Because Defendants Corn and Schaffer Trucking have been caused to incur damages
as the result of Plaintiff's and Defendant Becknel's negligence, Moving Defendants wish
to amend their answer to add a Counterclaim against Plaintiff and to specifically plead
damages against Defendant Becknel. A copy of Moving Defendants' proposed amended
answer with amended cross-claim and counter-claim is attached hereto as Exhibit "B."
8. Plaintiff and Defendant Becknel will not be unduly prejudiced or surprised by this
amendment, especially since this lawsuit arising out of negligent actions on their part.
9. Manifest injustice will result if the amendment is not allowed.
WHEREFORE, Defendants Richard J. Corn, Jr. and Schaffer Trucking, Inc. request that
this Court enter an order allowing Moving Defendants to amend is answer as aforesaid.
Respectfully submitted,
Don B Marcello, Esq.
Sonya Kivisto, Esq.
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
T: (717)240-4686
F: (71'7)258-4686
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR. and
SCHAFFER TRUCKING, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVANIA
NO. 05-2275 Civil Term
CIVIL ACTION LAW
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF
DEFENDANTS CORN AND SCHAFFER TRUCKING, INC.
And now this' d`ay of May, 2005, comes Defendants Richard J. Corn, Jr.
and Schaffer Trucking, Inc. by their attorneys, Marcello & Kivisto, LLC and
answers Plaintiff's Complaint as follows:
1. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 1, hence they are denied and proof is
demanded at time of trial.
2. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 2, hence they are denied and proof is
demanded at time of trial. Denied.
3. Admitted.
4. Admitted.
5. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e) pending discovery.
6. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 6, hence they are denied and proof is
demanded at time of trial.
7. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 7, hence they are denied and proof is
demanded at time of trial.
8. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e).
9. Admitted.
COUNTI
Johnson v. Becknel
10. Answering Defendants incorporate their answers to paragraphs 1-9 as if set
forth in full.
11.-12. The averments of paragraphs 11 and 12 are directed to a party other
than Answering Defendants, hence no responsive pleading is required. In
Zn 4,1,r 4
the alternative, the averments are denied pursuant to Pa.R.C.P. Rule
1029(e).
COUNT II
Johnson v. Com and Shaffer Trucking, Inc.
13. Answering Defendants incorporate their answers to paragraphs 1-12 as if
set forth in full.
14. Denied. The averments are denied pursuant to Pa.R.C.P. Rule 1029(e).
12. (misnumbered) Denied. The averments are denied pursuant to Pa.R.C.P.
Rule 1029(e).
NEW MATTER
15. Some or all of Plaintiffs claims may be barred by the statute of limitations.
16. Some or all of Plaintiff's claims may be barred by the Plaintiff's comparative
or contributory negligence.
17. Some or all of Plaintiffs claims may be barred or reduced by the provisions
of the Pennsylvania Financial Responsibility Act.
18. Some or all of Plaintiff's claims may be barred or reduced by Plaintiffs
election of the limited tort option.
CROSS CLAIM
19.Answedng Defendants incorporate the averments of paragraphs 1, 2, 5, 6,
7, and 11 of Plaintiffs Complaint as if set forth in full without admitting the
truth thereof.
20. If Plaintiff suffered damages for which a party is liable, Answering
Defendants assert that Defendant Becknel is solely liable to Plaintiff, liable
over to Answering Defendants for indemnification, or is jointly or severally
liable to Plaintiff.
Wherefore, Answering Defendants request this Honorable Court hold
Defendant Becknel is solely liable to Plaintiff, liable over to Answering
Defendants for indemnification, or is jointly or severally liable to Plaintiff.
Respectfully submitted:
Douglas B. Marcello
Marcello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
O: (717) 240-4686
F: (717) 258-4686
LYNN A. JOHNSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYVANIA
V. : NO. 05-2275 Civil Term
DAMON BECKNEL, CIVIL ACTION LAW
RICHARD J. CORN, JR. and:
SCHAFFER TRUCKING, INC. JURY TRIAL DEMANDED
Defendants
ANSWER AND NEW MATTER OF
DEFENDANTS CORN AND SCHAFFER TRUCKING. INC.
And now this day of October, 2005, comes Defendants Richard J. Corn, Jr. and
Schaffer Trucking, Inc. by their attorneys, Marcello & Kivisto, LLC and answers
Plaintiff's Complaint as follows:
Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 1, hence they are denied and proof is demanded at time of
trial.
2. Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 2, hence they are denied and proof is demanded at time of
trial. Denied.
3. Admitted.
4. Admitted.
5. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e) pending discovery.
6. Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 6, hence they are denied and proof is demanded at time of
trial.
Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 7, hence they are denied and proof is demanded at time of
trial.
8. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e).
9. Admitted.
LX h, bar
COUNTI
Johnson v. Becknel
10. Answering Defendants incorporate their answers to paragraphs 1-9 as if set forth in
full.
11. -12. The averments of paragraphs 11 and 12 are directed to a party other than
Answering Defendants, hence no responsive pleading is required. In the
alternative, the averments are denied pursuant to Pa.R.C.P. Rule 1029(e).
COUNT II
Johnson v. Corn and Shaffer Truckine, Inc.
13. Answering Defendants incorporate their answers to paragraphs 1-12 as if set forth
in full.
14. Denied. The averments are denied pursuant to Pa.R.C.P. Rule 1029(e).
12. (misnumbered) Denied. The averments are denied pursuant to Pa.R.C.P. Rule
1029(e).
NEW MATTER
15. Some or all of Plaintiff's claims may be barred by the statute of limitations.
16. Some or all of Plaintiff's claims may be barred by the Plaintiff's comparative or
contributory negligence.
17. Some or all of Plaintiff's claims may be barred or reduced by the provisions of the
Pennsylvania Financial Responsibility Act.
18. Some or all of Plaintiff's claims may be barred or reduced by Plaintiff's election of
the limited tort option.
CROSS CLAIM
19. Answering Defendants incorporate the averments of paragraphs 1, 2, 5, 6, 7, and 11
of Plaintiff's Complaint as if set forth in full without admitting the truth thereof.
20. If Plaintiff suffered damages for which a party is liable, Answering Defendants
assert that Defendant Becknel is solely liable to Plaintiff, liable over to Answering
Defendants for indemnification, or is jointly or severally liable to Plaintiff.
21. On December 5, 2003, Defendant Becknel was the owner and operator of a tractor
trailer that was proceeding eastbound following Plaintiff s vehicle on the Pennsylvania
Turnpike in Lower Allen Township, Cumberland County, Pennsylvania.
22. At the time and place aforesaid, Defendant Becknel caused or allowed his vehicle to
strike the rear of Plaintiff's vehicle, sending it into the path of Answering Defendants'
tractor trailer.
23. At the time and place aforesaid, Defendant Becknel caused or allowed his vehicle to
strike the driver's side of Answering Defendants tractor trailer.
24. Defendant Becknel was negligent in that he:
a. operated his vehicle at a speed to fast for conditions then and there existing;
b. failed to have his vehicle under control so as to avoid striking the rear of
Plaintiff's vehicle and the side of Defendants Corn and Schaffer Trucking's
vehicle;
c. failed to keep a proper lookout for other vehicles; and
d. failed to keep a proper distance behind vehicles proceeding ahead of him.
25. As a result of Defendant Becknel's negligence, Defendants Corn and Schaffer
Trucking have been caused to incur damages totaling NINE THOUSAND THREE
HUNDRED FORTY-NINE and 70/100 ($9,349.70) DOLLARS.
WHEREFORE, Defendants Corn and Schaffer Trucking demand judgment against
Defendant Becknel in an amount not in excess of mandatory arbitration limits. In the
alternative, Answering Defendants request this Honorable Court hold Defendant
Becknel solely liable to Plaintiff, liable over to Answering Defendants for
indemnification, or jointly or severally liable to Plaintiff.
COUNTER CLAIM
26. Answering Defendants incorporate the averments of paragraphs 1, 2, 5, 6, and 7 of
Plaintiff's Complaint as if set forth in full without admitting the truth thereof.
27. On December 5, 2003, Plaintiff was the owner and operator of a 1999 Plymouth
Voyager, proceedings eastbound on the Pennsylvania Turnpike in Lower Allen
Township, Cumberland County, Pennsylvania.
28. At the time and place aforesaid, Plaintiff caused or allowed her vehicle to spin out
of control into the path of Answering Defendants' tractor trailer.
29. Plaintiff was negligent in that she:
a. operated her vehicle at a seed too fast for conditions then and there existing;
b. failed to have her vehicle under control so as to avoid striking Answering
Defendants' tractor trailer;
c. failed to keep a proper lookout for other vehicles; and
d. failed to have her vehicle under control so as to avoid traveling into the path of
Answering Defendants' tractor trailer;
30. As the result of Plaintiff's negligence, Defendants Corn and Schaffer Trucking have
been caused to incur damages totaling NINE THOUSAND THREE HUNDRED
FORTY-NINE and 70/100 ($9,349.70) DOLLARS.
WHEREFORE, Answering Defendants demand judgment against the Plaintiff in an
amount not in excess of mandatory arbitration limits.
Respectfully submitted:
Doul-gras B. arcello
Sonya Kivisto
Marcello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
O: (717) 240-4686
F: (717) 258-4686
CERTIFICATE OF SERVICE
I certify that the foregoing document in the within action was served upon the following
by enclosing the same in an envelope addressed as follows, postage prepaid and
depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 1S
day of &7vge e, 2005.
Richard H. Wix, Esq.
4705 Duke St.
Harrisburg, PA 17109-3099
Damon Becknel
3084 Wyllys Place
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West Point, NY 10996-1815
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LYNN A. JOHNSON, IN THE COURT OF COMMON PLR19L-
Plaintiff CUMBERLAND COUNTY, PENNSYVANIA
V. : NO. 05-2275 Civil Term
DAMON BECKNEL, CIVIL ACTION LAW
RICHARD J. CORN, JR. and:
SCHAFFER TRUCKING, INC.
Defendants
ORDER
AND NOW, this 3 / " day of m.'++4,, , 2005, upon consideration of
Defendants' Richard J. Corn and Schaffer Trucking's Petition to Amend it is hereby
ORDERED that Defendants' Petition to Amend is GRANTED. Defendants Richard J.
Corn and Schaffer Trucking are hereby granted leave to amend their Answer to add a
Counter-claim and amended Cross-claims. Defendants have 3o days to file their
Amended Answer.
6e
3 By the Court:
1\00?
1D
LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYVANIA
V. : NO. 05-2275 Civil Term
DAMON BECKNEL, CIVIL ACTION LAW
RICHARD J. CORN, JR. and
SCHAFFER TRUCKING, INC. JURY TRIAL DEMANDED
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Notice and Complaint are served, by entering a written appearance personally or by
attorney and filing in writing with this Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so, the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717)249-3166
LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYVANIA
V. : NO. 05-2275 Civil Term
DAMON BECKNEL, CIVIL ACTION LAW
RICHARD J. CORN, JR. and
SCHAFFER TRUCKING, INC. JURY TRIAL DEMANDED
Defendants
NOTICIA
LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al
partir de la fecha de la demanda y ]a notificacion. Usted debe presenter una apariencia
excrita o en persona o per abogado y archivar en la corte en forma escrita sus defenses o
sus objeciones a las demandas en contra de tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y per cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI
NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717)249-3166
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR. and:
SCHAFFER TRUCKING, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVANIA
NO. 05-2275 Civil Term
CIVIL ACTION LAW
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF
DEFENDANTS CORN AND SCHAFFER TRUCKING, INC.
And now this !'7'?, day of November, 2005, comes Defendants Richard J. Corn, Jr. and
Schaffer Trucking, Inc. by their attorneys, Marcello & Kivisto, LLC and answers
Plaintiff's Complaint as follows:
Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 1, hence they are denied and proof is demanded at time of
trial.
2. Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 2, hence they are denied and proof is demanded at time of
trial. Denied.
3. Admitted.
4. Admitted.
5. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e) pending discovery.
6. Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 6, hence they are denied and proof is demanded at time of
trial.
7. Denied. Answering Defendant is without information or belief as to the truth of the
averments of paragraph 7, hence they are denied and proof is demanded at time of
trial.
8. Denied as stated pursuant to Pa.R.C.P. Rule 1029(e).
9. Admitted.
COUNTI
Johnson v. Becknel
10. Answering Defendants incorporate their answers to paragraphs 1-9 as if set forth in
full.
11. -12. The averments of paragraphs 11 and 12 are directed to a party other than
Answering Defendants, hence no responsive pleading is required. In the
alternative, the averments are denied pursuant to Pa.R.C.P. Rule 1029(e).
COUNT II
Johnson v. Corn and Shaffer Truckine, Inc.
13. Answering Defendants incorporate their answers to paragraphs 1-12 as if set forth
in full.
14. Denied. The averments are denied pursuant to Pa.R.C.P. Rule 1029(e).
12. (misnumbered) Denied. The averments are denied pursuant to Pa.R.C.P. Rule
1029(e).
NEW MATTER
15. Some or all of Plaintiff's claims may be barred by the statute of limitations.
16. Some or all of Plaintiff's claims may be barred by the Plaintiff's comparative or
contributory negligence.
17. Some or all of Plaintiff's claims may be barred or reduced by the provisions of the
Pennsylvania Financial Responsibility Act.
18. Some or all of Plaintiff's claims may be barred or reduced by Plaintiff's election of
the limited tort option.
CROSS CLAIM
19. Answering Defendants incorporate the averments of paragraphs 1, 2, 5, 6, 7, and 11
of Plaintiff's Complaint as if set forth in full without admitting the truth thereof.
20. If Plaintiff suffered damages for which a party is liable, Answering Defendants
assert that Defendant Becknel is solely liable to Plaintiff, liable over to Answering
Defendants for indemnification, or is jointly or severally liable to Plaintiff.
21. On December 5, 2003, Defendant Becknel was the owner and operator of a tractor
trailer that was proceeding eastbound following Plaintiff's vehicle on the Pennsylvania
Turnpike in Lower Allen Township, Cumberland County, Pennsylvania.
22. At the time and place aforesaid, Defendant Becknel caused or allowed his vehicle to
strike the rear of Plaintiff's vehicle, sending it into the path of Answering Defendants'
tractor trailer.
23. At the time and place aforesaid, Defendant Becknel caused or allowed his vehicle to
strike the driver's side of Answering Defendants tractor trailer.
24. Defendant Becknel was negligent in that he:
a. operated his vehicle at a speed to fast for conditions then and there existing;
b. failed to have his vehicle under control so as to avoid striking the rear of
Plaintiff's vehicle and the side of Defendants Corn and Schaffer Trucking's
vehicle;
c. failed to keep a proper lookout for other vehicles; and
d. failed to keep a proper distance behind vehicles proceeding ahead of him.
25. As a result of Defendant Becknel's negligence, Defendants Corn and Schaffer
Trucking have been caused to incur damages totaling NINE THOUSAND THREE
HUNDRED FORTY-NINE and 70/100 ($9,349.70) DOLLARS.
WHEREFORE, Defendants Corn and Schaffer Trucking demand judgment against
Defendant Becknel in an amount not in excess of mandatory arbitration limits. In the
alternative, Answering Defendants request this Honorable Court hold Defendant
Becknel solely liable to Plaintiff, liable over to Answering Defendants for
indemnification, or jointly or severally liable to Plaintiff.
COUNTER CLAIM
26. Answering Defendants incorporate the averments of paragraphs 1, 2, 5, 6, and 7 of
Plaintiffs Complaint as if set forth in full without admitting the truth thereof.
27. On December 5, 2003, Plaintiff was the owner and operator of a 1999 Plymouth
Voyager, proceedings eastbound on the Pennsylvania Turnpike in Lower Allen
Township, Cumberland County, Pennsylvania.
28. At the time and place aforesaid, Plaintiff caused or allowed her vehicle to spin out
of control into the path of Answering Defendants' tractor trailer.
29. Plaintiff was negligent in that she:
a. operated her vehicle at a seed too fast for conditions then and there existing;
b. failed to have her vehicle under control so as to avoid striking Answering
Defendants' tractor trailer;
c. failed to keep a proper lookout for other vehicles; and
d. failed to have her vehicle under control so as to avoid traveling into the path of
Answering Defendants' tractor trailer;
30. As the result of Plaintiff's negligence, Defendants Corn and Schaffer Trucking have
been caused to incur damages totaling NINE THOUSAND THREE HUNDRED
FORTY-NINE and 70/100 ($9,349.70) DOLLARS.
WHEREFORE, Answering Defendants demand judgment against the Plaintiff in an
amount not in excess of mandatory arbitration limits.
Respectfully submitted:
V, P
Dougl s . Marcello
Sonya ivisto
Marcello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
O: (717) 240-4686
F: (717) 258-4686
NOU-08- 5 11:41 I U ttca .. - ........
V",WICAnON
hereby ve ify that the avevnmts made in the
attached doement are erne and comet to the bat of my information, knowledge and
belief based upon the information available. I understand that false statements herein are
made subject to the penalties of 18 Pa.CS.A_ Section 4904 relating to umwom
falsification to anthorities.
Dated: OV,06r -&PPC-
TOTAL P.01
CERTIFICATE OF SERVICE
I certify that the foregoing document in the within action was served upon the following
by enclosing the same in an envelope addressed as follows, postage prepaid and
depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the
day of 10.e- 2005.
Richard H. Wix, Esq.
4705 Duke St.
Harrisburg, PA 17109-3099
Damon Becknel
3084 Wyllys Place
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West Point, NY 10996-1815
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LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-2275
DAMON BECKNEL, CIVIL ACTION - LAW
RICHARD J. CORN, JR., and
SCHAFFER TRUCKING, INC. JURY TRIAL DEMANDED
Defendants
PRAECIPE
Please reinstate the Complaint filed on or about May 3, 2005, in the above
captioned case.
Respectfully Submitted,
Wix, Wenger & Weidner
By
Richard H. Wix, Esq. ID# 07024
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 11/30/05
LYNN A. JOHNSON,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
TO THE PROTHONOTARY:
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant,
Damon Becknel, with respect to the above-referenced matter.
MARSHALL, DENNEHEY, WARNER,
COLEMAN &_foQW;G1N`
DATE: f a„ ? t 9 - C)r BY:
Attorney for Defendant
Damon Becknel
I.D. No. 84730
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this 1?1sE day of December, 2005, I served a true
and correct copy of the Entry of Appearance via U.S. first-class mail, postage pre-paid, as
follows:
Richard H. Wix, Esquire
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
SUSAN M. WILLIAMS
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LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-2275
DAMON BECKNEL, CIVIL ACTION - LAW
RICHARD J. CORN, JR., and
SCHAFFER TRUCKING, INC. JURY TRIAL DEMANDED
Defendants
PLAINTIFF'S ANSWER TO DEFENDANTS' CORN AND SCF
TRUCKING. INC. NEW MATTER AND CROSS CLAIM
NEW MATTER
15. This paragraph contains a conclusion of law to which no responsive
pleading is required. To the extent a response is deemed necessary the
averments contained in this paragraph are specifically denied.
16. This paragraph contains a conclusion of law to which no responsive
pleading is required. To the extent a response is deemed necessary the
averments contained in this paragraph are specifically denied.
17. This paragraph contains a conclusion of law to which no responsive
pleading is required. To the extent a response is deemed necessary the
averments contained in this paragraph are specifically denied.
18. This paragraph contains a conclusion of law to which no responsive
pleading is required. To the extent a response is deemed necessary the
averments contained in this paragraph are specifically denied.
CROSS CLAIM
19. Plaintiff incorporates herein paragraphs 1 through 15 of her Complaint as
if fully stated herein.
20.-25. The averments contained in paragraphs 20 through 25 are directed
to a party other than Plaintiff hence no responsive pleading is required. To the
extent a response is deemed necessary the averments in these paragraphs are
specifically denied.
CROSS CLAIM
26. Plaintiff incorporates herein paragraphs 1 through 15 of her Complaint as
if fully stated herein.
27. Admitted.
28. Denied.
29. This paragraph contains conclusions of law to which no responsive
pleading is required. To the extent a response is deemed necessary the
averments of this paragraph are specifically denied.
30. Denied.
WHEREFORE, Plaintiff demands judgment be entered in her favor and
against Defendants.
Respectfully submitted,
WIX, WENGER & WEIDNER
sy?2 Z,J
Y
Richard H. Wix, Esquir ID#07027
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109
(717) 652-8455
CERTIFICATE OF SERVICE
I, Kathryn L. Wix, Esquire hereby certify that a true and correct copy of
Plaintiffs Answer to Defendants Corn and Schaffer Trucking, Inc. New Matter
and Cross Claim was served by First Class Mail on the 7th day of February 2006,
upon the following:
Douglas B. Marcello, Esquire
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1501 Commerce Avenue
Carlisle, PA 17013
Donald L. Carmelite, Esquire
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Li/
Kathryn L. Wix, Esquire
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LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-2275
DAMON BECKNEL, CIVIL ACTION -LAW
RICHARD J. CORN, JR., and
SCHAFFER TRUCKING, INC. JURY TRIAL DEMANDED
Defendants
PRAECIPE
Please reinstate the Complaint filed on or about May 3, 2005, in the above
captioned case.
Respectfully Submitted,
Wix, Wenger & Weidner
By
Kathryn L. Wix, Esq. ID# 92944
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 2/13/06
LYNN A. JOHNSON,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Lynn A. Johnson, Plaintiff
c/o Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
You are hereby notified to plead to the enclosed New Matter within twenty (20) days
from service hereof or a default judgment may be filed against you.
MARSHALL,
COLEMAN &
DATE: S" ac) ? Q(O
BY:
WARNER,
DT7NALD L. CARMELITE, ESQUIRE
I.D. No. 84730
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Becknel
LYNN A. JOHNSON,
V.
. IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER AND NEW
MATTER CROSSCLAIM OF DEFENDANT,
DAMON BECKNEL. TO PLAINTIFF'S COMPLAINT
AND NOW comes Defendant, Damon Becknel, by and through his counsel, Marshall,
Dennehey, Warner, Coleman & Goggin, and files this Answer to Plaintiffs Complaint and in
support thereof states as follows:
I. Admitted in part; denied in part. It is admitted that Plaintiff is who she says she
is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial.
2. Admitted in part; denied in part. It is admitted that Damon Becknel is a
Defendant. The remaining averments set forth in this Paragraph are denied in accordance with
Pa.R.C.P. 1029(e).
3. Denied. After reasonable investigation and inquiry, Answering Defendant is
without sufficient information to form a belief as to the truth and veracity of the averments set
forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P.
1029(c) and strict proof thereof is demanded at the time of trial.
4. Denied. After reasonable investigation and inquiry, Answering Defendant is
without sufficient information to form a belief as to the truth and veracity of the averments set
forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P.
1029(c) and strict proof thereof is demanded at the time of trial.
5. Denied. After reasonable investigation and inquiry, Answering Defendant is
without sufficient information to form a belief as to the truth and veracity of the averments set
forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P.
1029(c) and strict proof thereof is demanded at the time of trial.
6. Denied. After reasonable investigation and inquiry, Answering Defendant is
without sufficient information to form a belief as to the truth and veracity of the averments set
forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P.
1029(c) and strict proof thereof is demanded at the time of trial.
Denied. After reasonable investigation and inquiry, Answering Defendant is
without sufficient information to form a belief as to the truth and veracity of the avemients set
forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P.
1029(c) and strict proof thereof is demanded at the time of trial. By way of further response, the
averments set forth in this Paragraph constitute conclusions of law to which no responsive
pleading is required. To the extent a response is deemed required, the averments set forth in this
Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
8. Denied. After reasonable investigation and inquiry, Answering Defendant is
without sufficient information to form a belief as to the truth and veracity of the averments set
forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P.
1029(c) and strict proof thereof is demanded at the time of trial. By way of further response, the
averments set forth in this Paragraph constitute conclusions of law to which no responsive
pleading is required. To the extent a response is deemed required, the averments set forth in this
Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
9. Denied. The averments set forth in this Paragraph constitute conclusions of law
to which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
COUNTI
LYNN A. JOHNSON V. DAMON BECKNEL
10. Defendant incorporates by reference his responses to Paragraphs 1-9 of Plaintiffs
Complaint as though set forth at length herein.
I La) - d). Denied. The averments set forth in this Paragraph constitute conclusions
of law to which no responsive pleading is required. To the extent a response is deemed required,
the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
12, Denied. The averments set forth in this Paragraph constitute conclusions of law
to which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor
and against the Plaintiff, together with such other costs this Honorable Court deems appropriate.
COUNT H
LYNN A. JOHNSON V. RICHARD J. CORN, JR.
AND SHAFFER TRUCKING, INC.
13. Defendant incorporates by reference his responses to Paragraphs 1-12 of
Plaintiffs Complaint as though set forth at length herein.
14-15. The averments set forth in these Paragraphs are directed to a Defendant
other than Answering Defendant, and therefore, no responsive pleading is required.
WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor
and against the Plaintiff, together with such other costs this Honorable Court deems appropriate.
NEW MATTER DIRECTED TO PLAINTIFF
17. Plaintiffs claims are barred by the applicable statute of limitations.
18. Plaintiff has failed to state a cause of action against Defendant upon which relief
can be granted.
19, Plaintiffs claims are barred and/or limited by all applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
20. No act or omission on the part of Defendant was a substantial or contributing
factor in bringing about Plaintiffs alleged damages, all such damages being expressly denied.
2L Any and all damages as described by Plaintiff in its Complaint, the same being
expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff
and/or others over whom Defendant had no control nor right of control.
22. Plaintiffs claims are barred and/or limited by the doctrine of resjudicata and/or
collateral estoppel.
23. Plaintiffs claims are derivative in nature and are barred as a matter of law.
24. Defendant breached no duty of care owed to Plaintiff under the circumstances.
25. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative
Negligence Act.
26. Plaintiffs claims are barred and/or limited by the applicable provisions of the
Pennsylvania Worker's Compensation Act.
27. At all times material hereto, Defendant acted in a safe, legal and non-negligent
manner.
28. Plaintiffs claims are barred by the sudden emergency doctrine.
WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor
and against the Plaintiff, together with such other costs this Honorable Court deems appropriate.
NEW MATTER CROSSCLAIM PURSUANT TO
Pa.R.C.P. 2252(d) AGAINST DEFENDANTS, RICHARD
J. CORN, JR. AND SHAFFER TRUCKING, INC.
29. If Plaintiff sustained the damages as alleged in Plaintiffs Complaint, said
damages being herein strictly denied, then said damages were caused by acts, statements,
omissions or negligence of Co-Defendants, Richard J. Corn, Jr. and Shaffer Trucking, Inc., as set
forth in Plaintiffs Complaint, to which reference is made hereto without adoption or omission.
30. Co-Defendants, Richard J. Corn, Jr. and Shaffer Trucking, Inc., are solely liable
to the Plaintiff, or, in the alternative, should Answering Defendant be found liable to Plaintiff,
liability being herein strictly denied, then Co-Defendants, Richard J. Corn, Jr. and Shaffer
Trucking Inc., is jointly and severally liable with Answering Defendant and is liable over to
Answering Defendant by way of contribution and/or indemnification.
WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor
and against the Plaintiff, together with such other costs this Honorable Court deems appropriate.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: BY:
%DPL. 7AARMELITFESQUIRE
. "V? I.D. No. 84730
?Q 4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Beeknel
6
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing Answer with New
Matter and New Matter Crossclaim to Plaintiffs 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 the defense of this lawsuit. The language of the Answer with New Matter and
New Matter Crossclaim to Plaintiffs Complaint is that of counsel and not my own. I have read
the Answer with New Matter and New Matter Crossclaim to Plaintiffs Complaint, and to the
extent that it is 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 of the Answer
with New Matter and New Matter Crossclaim to Plaintiffs Complaint are that of counsel, I have
relied upon my counsel in making this verification. The undersigned also understands that the
statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unswom falsification to authorities.
BY: ) lL ??
DAMON BECKNEL
DATE: /? /?{ar 0 t,
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this a3 . , day of March, 2006, I served a true
and correct copy of the Answer with New Matter and New Matter Crosselaim of Defendant,
Damon Becknel, to Plaintiffs Complaint via U.S. First-class mail, postage pre-paid, as follows:
Richard H. Wix, Esquire
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
SUSAN M. W ILLIAMS
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LYNN A. JOHNSON,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
NOTICE OF SERVING DISCOVERY
TO THE PROTHONOTARY:
Please take notice that Defendant, Damon Becknel, served Interrogatories and Request
for Production of Documents addressed to Defendants, Richard J. Corn, Jr. and Shaffer
Trucking, Inc., pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid,
on the o, h day of March, 2006.
DATE: 5,);+ • G
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: 00000w\
DONALD L. CARMELITE, ESQUIRE
I.D. No. 84730
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Becknel
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this aT+h day of March, 2006, I served a true
and correct copy of the Notice of Serving Discovery via U.S. first-class mail, postage pre-paid,
as follows:
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
SAN M. WILLLSMS
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LYNN A. JOHNSON,
V.
Plaintiff
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
NOTICE OF SERVING DISCOVERY
TO THE PROTHONOTARY:
Please take notice that Defendant, Damon Becknel, served Interrogatories and Request
for Production of Documents addressed to Plaintiff, Lynn A. Johnson, pursuant to the
Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the IE4 , day of March,
2006.
DATE:
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
DON7WD L. CARMELITE, ESQUIRE
I.D. No. 84730
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Becknel
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this a, +Vhday of March, 2006, I served a true
and correct copy of the Notice of Serving Discovery via U.S. first-class mail, postage pre-paid,
as follows:
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
U„to . u_1
SUSAN M. WILLIAMS
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR. and
SCHAFFER TRUCKING, INC
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVANIA
NO. 05-2275 Civil Term
CIVIL ACTION LAW
JURY TRIAL DEMANDED
ANSWER TO NEW MATTER OF
DEFENDANT BECNEL DIRECTED TO ANSWERING DEFENDANTS
And now this /`L day of April, 2006, comes Defendants Richard J. Corn, Jr.
and Schaffer Trucking, Inc. by their attorneys, Marcello & Kivisto, LLC and
answers Defendant Becnel's New Matter as follows:
17-28. The averments of said paragraphs are directed to a party other than
Answering Defendants hence no responsive pleading is required. In the
alternative, the allegations are denied as conclusions of law to which no
responsive pleading is required or in the alternative is denied pursuant to
Pa.R.C.P. Rule 1029(e).
29. Denied. It is denied that if Plaintiff sustained any damages, which is
denied, any alleged damages are due to any acts, statements, omissions
or negligence of Answering Defendants, all which is denied pursuant to
Pa.R.C.P. Rule 1029(e).
30. Denied. It is denied that Answering Defendants are solely liable to
Plaintiff, jointly and severally liable to Plaintiff, and/or liable over to
Defendant Becnel for contribution or indemnity. Any and all allegations
are denied pursuant to Pa.R.C.P. Rule 1029(e).
Wherefore, Answering Defendants request this Honorable Court hold
Defendant Becknel is solely liable to Plaintiff, liable over to Answering
Defendants for indemnification, or is jointly or severally liable to Plaintiff.
Respectfully submitted:
Dou Marcello
Marcello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
O: (717) 240-4686
F: (717) 258-4686
VERIFICATION
I, ///icr}At hereby verify that the averments made in the
attached Answer to New Matter are true and correct to the best of my information,
knowledge and belief based upon the information available. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S A. Section 4904 relating
to unswom falsification to authorities.
By= _I?/
Dated:
f7.
CERTIFICATE OF SERVICE
I certify that the foregoing document in the within action was served upon the
following by enclosing the same in an envelope addressed as follows, postage prepaid
and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the
10th day of April, 2006
Richard H. Wix, Esq.
4705 Duke St.
Harrisburg, PA 17109-3099
Donald L. Carmelite
Marshall Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
c?-
Dougl s B. Marcello
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LYNN A. JOHNSON,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275 f
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-6151 Civil Term
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
MOTION TO CONSOLIDATE
Moving Defendant, Damon Becknel, by and through his counsel, Marshall, Dennehey,
Warner, Coleman & Goggin, hereby files this Motion to Consolidate the matters docketed in the
above-captioned cases into that case docketed at Docket No. 05-2275, and in support thereof
avers as follows:
1. Plaintiff, Lynn A. Johnson, filed a Complaint against Defendants, Damon
Becknel, Richard J. Corn, Jr. and Shaffer Trucking, Inc. to No. 05-2275 on or about May 3,
2005.
2. Plaintiff, Crete Carrier Corporation, parent corporation of Shaffer Trucking,
Inc., filed a Writ of Summons against Defendants, Damon Becknel and Lynn Johnson to No. 05-
6151 on or about November 30, 2005.
i i
3. Plaintiff, Crete Carrier Corporation, filed a Complaint against Defendants,
Damon Becknel and Lynn Johnson to No. 05-6151 on or about February 27, 2006.
4. Defendant, Damon Becknel, requests consolidation of the above-referenced
lawsuits in order to simplify future pleadings, discovery, and trial.
5. Douglas B. Marcello, Esquire, counsel for Plaintiff, Crete Carrier Corporation
and Defendants, Richard J. Corn, Jr. and Shaffer Trucking, Inc., concurs with this Motion.
6. Richard H. Wix, Esquire, counsel for Plaintiff, Lynn A. Johnson, was
contacted regarding his concurrence with this Motion but has failed to respond.
7. Both of the foregoing civil lawsuits arise out of a three-car motor vehicle
collision which occurred on December 5, 2003 on the Pennsylvania Turnpike in Lower Allen
Township, Cumberland County, Pennsylvania.
8. Both civil lawsuits, referenced above, involve identical common questions of
law and fact and arise from the same occurrence referenced above, resulting in property damage
to the Johnson and Crete Carrier Corporation vehicles.
9. Consolidation of matters involving common questions of law and fact which
arise from the same transaction or occurrence may be consolidated, by the Court, upon motion of
any party, in order to avoid unnecessary cost or delay. Pa.R.C.P. 213.
10. As both of the foregoing lawsuits involve common questions of law and fact,
and arise from the same occurrence, it would be most appropriate and further the interest of
judicial economy by avoiding unnecessary costs and/or delays for this Honorable Court to
consolidate the foregoing matters to the case filed to No. 05-2275.
-2-
WHEREFORE, Defendant, Damon Becknel, respectfully requests this Honorable Court
to enter an Order consolidating the foregoing actions to that lawsuit docketed at Cumberland
County No. 05-2275, with all prior pleadings consolidated to that action to reflect the same
docket number.
Respectfully
DATE: / BY: 19 , WARNER,
ON D L. C Q NjELM, ESQUIRE
I D o. 84730
4 0 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Becknel
-3-
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this r'd' day of August, 2006, I served a true
and correct copy of the Motion to Consolidate of Defendant, Damon Becknel via U.S. first-
class mail, postage pre-paid, as follows:
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
1?. kJ t,? 1
SUSAN M. WILLIAMS
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LYNN A. JOHNSON,
V.
Plaintiff
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
ORDER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275?
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-6151 Civil Term
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
AND NOW, this day of / ? 2006, upon consideration of
Defendant, Damon Becknel's Motion to Consolidate, it is hereby ORDERED that cases docketed
at Nos. 05-2275 and 05-6151 are consolidated for all purposes.
9-It-O& CO. f. u a ?7?+
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ON
Ilk MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: DONALD L. CARMELITE, ESQUIRE
I.D. NO.:84730
4200 CRUMS MILL ROAD, SUITE B
HARRISBURG, PA 17112
(717) 651-3505
LYNN A. JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
MOTION OF DEFENDANT, DAMON BECKNEL, TO COMPEL DISCOVERY
RESPONSES FROM PLAINTIFF, LYNN A. JOHNSON
1. On March 27, 2006, the undersigned as counsel for Defendant, Damon Becknel, served upon
counsel for Plaintiff, Lynn A. Johnson, Interrogatories and a Request for Production of Documents addressed to
Plaintiff, Lynn A. Johnson, a true and correct copy of which are attached hereto as Exhibit "A".
2. On October 3, 2006, the undersigned wrote to Plaintiffs counsel, Richard H. Wix, requesting
Plaintiffs discovery responses within thirty (30) days, a true and correct copy of the same is attached hereto as
Exhibit "B".
3. To date, Plaintiff has not responded to this written discovery nor is there any agreement amongst
counsel concerning an extension of time regarding any such response.
4. Plaintiffs discovery responses are overdue and, accordingly, Defendant Damon Becknel
respectfully requests that this Honorable Court enter an Order similar to the attached directing that Plaintiff
provides Answers to Interrogatories and Response to Request for Production of Documents within 20 days or
suffer such further sanctions as this Court shall deem appropriate.
DATED: I '? D
MARSHALL, D
COLEM
BY:
, WARNER,
NALD L. CARMELITE, ESQUIRE
\05 A\LIAB\DLCARMELITE\LLPG\243060\KASAKOSKY\21237\00284
Exhibit A
r A REGIOP
MARSHALL DENNEHEY WARNER COLEMAN ?B GOGwi
A P it O P E 5 S 1 0 N A L C O N P O R A T 1 O N www.marshdWnnehey.com
4200 Crums Mill Road, Suite B - Harrisburg, PA 17112
(717) 651-3500 - Fax (717) 651-9630
Direct Dial: 717-651-3504
Email: dlcarmelite@mdwcg.com
March 27, 2006
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
RE: Lynn A. Johnson v. Damon Becknel, Richard J. Corn, Jr. and
Shaffer Trucking, Inc.
CCP (Cumberland County) No.: 05-2275
Our File No.: 21237-00284.A42
Dear Mr. Wix:
Pa"SYLYANIA
Bethlehem
Doylestown
Erie
Harrisburg
King of Prussia
Philadelphia
Pittsburgh
Scranton
Williamsport
Nxw JmtseY
Cherry Hill
Roseland
DmAOARE
Wilmington
0M0
Akron
PLORMA
Ft. Lauderdale
Jacksonville
Orlando
Tampa
Enclosed please find Defendant, Damon Becknel's Interrogatories and Request for Production of
Documents addressed to your client, Lynn A. Johnson, in the above-referenced matter.
Please respond to the discovery requests within the time allotted by the Pennsylvania Rules of Civil
Procedure. Should you have any questions, please do not hesitate to contact me.
Your attention to this matter is appreciated.
DIEFENSE LITIGATION LAW FIRM
DLC:smw
Enclosures
cc: Douglas B. Marcello, Esquire (w/encs.)
r 7
LYNN A. JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT,
DAMON BECKNEL, ADDRESSED TO PLAINTIFF
Defendant, Damon Becknel, by his counsel, Marshall, Dennehey, Warner, Coleman &
Goggin, propounds the following Interrogatories upon the Plaintiff, Lynn A. Johnson, to be
answered under oath, within thirty (30) days after service hereof.
Definitions. -- The following definitions are applicable to these interrogatories:
"Document" means any written, printed, typed, or other graphic matter of any kind or
nature, however produced or reproduced, including photographs, microfilms, phonographs, video
and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data
compilations from which information can be obtained.
"Identify" or "Identity" means when used in reference to --
(1) A natural person, his or her:
(a) Full name; and
(b) Present or last known residence and employment address (including street
name and number, city or town, and state or county);
(2) A document:
(a) Its description (e.g., letter, memorandum, report, etc.), title, and date;
(b) Its subject matter;
(c) Its author's identity;
(d) Its addressee's identity;
(e) Its present location; and
(f) Its custodian's identity;
(3) An oral communication:
(a) Its date;
(b) The place where it occurred;
(c) Its substance;
(d) The identity of the person who made the communication;
(e) The identity of each person to whom such communication was made; and
(f) The identity of each person who was present when such communication
was made;
(4) A corporate entity:
(a) Its full corporate name;
(b) Its date and place of incorporation, if known; and
(c) Its present address and telephone number;
(5) Any other context: A description with sufficient particularity that the thing may
thereafter be specified and recognized, including relevant dates and places, and
the identification of relevant people. entities, and documents.
"Incident" or "accident" means the occurrence that forms the basis of a cause of action or
claim for relief set forth in the complaint or similar pleading.
2
"Person" means a natural person, partnership, association, corporation, or governmental
agency.
Instructions. -- The following instructions are applicable to these interrogatories:
(1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and
served upon the undersigned within thirty (30) days of their service on you. Objections must be
signed by the attorney making them. In your answers, you must furnish such information as is
available to you, your employees, representatives, agents, and attorney. Your answers must be
supplemented and amended as required by the Pennsylvania Rules of Civil Procedure.
(2) Claim of privilege. -- With respect to any claim of privilege or immunity from
discovery, you must identify the privilege or immunity asserted and provide sufficient
information to substantiate the claim.
(3) Option to produce documents. -- In lieu of identifying documents in response to
these interrogatories, you may provide copies of such documents with appropriate references to
the corresponding interrogatories.
These Interrogatories shall be deemed to be continuing and any information secured
subsequent to the filing of answers, which would have been includable in the answers had it been
known or available, shall be supplied by supplemental answers as soon as such information
becomes known or available, and in all events, prior to the trial of this action, pursuant to Pa.
R.C.P. 4007.3.
3
INTERROGATORIES
State:
(a) Your full name;
(b) The name of your spouse at the time of the accident and the date and place
of your marriage to such spouse;
(c) The address of your present residence and the address of each other
residence which you have had during the past five years;
(d) Your present occupation and the name and address of your employer;
(e) Date of your birth;
(f) Your Social Security number;
(g) Your military service and positions held, if any; and
(h) The schools you have attended and the degrees or certificates awarded, if
any.
4
2. If you are covered by any type of insurance, including any excess or umbrella
insurance, that might be applicable to the incident in this matter, state the following with respect
to each such policy:
(a) The name of the insurance carrier which issued the policy;
(b) The named insured under each policy and the policy number of each
policy;
(c) The type(s) and effective date(s) of each policy;
(d) The amount of coverage provided for injury to each person, for each
occurrence, and in the aggregate for each policy; and
(e) Each exclusion, if any, in the policy which is applicable to any claim
thereunder and any reasons, if any, why you or the carrier claim the
exclusion is applicable.
5
3. List and describe all expenses and losses that you have incurred because of the
incident.
4. State with particularity the factual basis for each claim or defense you are
asserting in this case.
a Y
5. Witnesses. -
(a) Identify each person who
(1) Was a witness to the incident through sight or hearing and/or
(2) Has knowledge of facts concerning the happening of the incident or
conditions or circumstances at the scene of the incident prior to, at
the time of, or after the incident.
(b) With respect to each person so identified, state that person's exact location
and activity at the time of the incident.
8
6. If you know of anyone that has given any statement (as defined by the Rules of
Civil Procedure) concerning this action or its subject matter, state:
(a) The identity of such person;
(b) When, where, by whom, and to whom each statement was made, and
whether it was reduced to writing or otherwise recorded; and
(c) The identity of any person who has custody of any such statement that was
reduced to writing or otherwise recorded.
9
7. Identify the documents (except reports of experts subject to Pa.R.C.P. No. 4003.5)
which describe the incident or the cause thereof.
10
8. If you know of the existence of any photographs, motion pictures, video
recordings, maps, diagrams, or models relevant to the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made;
(c) The identity of the person that prepared or made each item; and
(d) The subject that each item represents or portrays.
II
9. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any
investigations of the incident, identify:
(a) Each person, and the employer of each person, who conducted any
investigation(s); and
(b) All notes, reports or other documents prepared during or as a result of the
investigation(s) and the persons who have custody thereof.
12
10. Identify each person you intend to call as a non-expert witness at the trial of this
case, and for each person identified state your relationship with the witness and the substance of
the facts to which the witness is expected to testify.
13
11. Identify each expert you intend to call as a witness at the trial of this matter, and
for each expert state:
(a) The subject matter about which the expert is expected to testify; and
(b) The substance of the facts and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion. (You may file as
your answer to this interrogatory the report of the expert or have the
interrogatory answered by our expert.)
14
12. Identify all exhibits that you intend to use at the trial of this matter and state
whether they will be used during the liability or damages portions of the trial.
15
13. Identify all injuries or diseases that you allege you suffered as a result of the
incident.
16
14. If, either prior to or subsequent to the incident, you suffered any injury or disease
in those portions of the body claimed by you to have been affected by the incident, state:
(a) The injury or disease you suffered;
(b) The date and place of any accident, if such injury or disease was caused by
an accident;
(c) The identity of hospitals, doctors, or practitioners who rendered treatment or
examination because of such injury or disease; and
(d) The identity of anyone against whom a claim was made, and the tribunal and
docket number of any claim or lawsuit that was filed in connection with such
injury or disease.
17
15. If you received medical treatment or examination (including x-rays) because of
injury or disease you suffered as a result of the incident, state;
(a) The identity of each hospital at which you were treated or examined;
(b) The date on which each such treatment or examination at a hospital was
rendered, and the charge by the hospital for each;
(c) The identity of each doctor or practitioner by whom you were treated or
examined;
(d) The date on which each such treatment or examination by a doctor or
practitioner was rendered, and the charge for each; and
(e) The identity of any document(s) (except reports of experts subject to
Pa.R.C.P. 4003.5) regarding any medical treatment or examination, setting
forth the author and date of such document(s).
18
16. For the period of three years immediately preceding the date of the incident, state:
(a) The name and address of each of your employers or, if you were self-
employed during any portion of that period, each of your business addresses
and the name of the business while self-employed;
(b) The dates of commencement and termination of each of your periods of
employment or self-employment;
(c) The nature of your occupation in each employment or self-employment; and
(d) The wage, salary, or rate of earnings received by your in each employment
or self-employment, and the amount of income from employment and self-
employment for each year.
19
17. If you have engaged in one or more gainful occupations subsequent to the date of
the incident, state:
(a) The name and address of each of your employers or, if you were self-
employed at anytime subsequent to the incident, each of your business
addresses and the name of the business while self-employed;
(b) The dates of commencement and termination of each of your periods of
employment or self-employment;
(c) The nature of your occupation in each employment or self-employment;
(d) The wage, salary, or rate of earnings received by you in each employment or
self-employment, and the amount of income from employment and self-
employment for each year; and
(e) The date(s) of any absence(s) from your occupation resulting from any
injury or disease suffered in this incident and the amount of any earnings or
other benefits lost by you because of such absence(s).
20
18. If, as a result of this incident, you have been unable to perform any of your
customary occupational duties or social or other activities in the same manner as prior to the
incident, state with particularity:
(a) The duties and/or activities you have been unable to perform;
(b) The periods of time you have been unable to perform; and
(c) The identity of all persons having knowledge thereof.
21
19. If you were under any physical or mental disability at the time of the incident,
explain the disability.
22
20. Do you allege that you are entitled to damages for any medical expenses arising
out of the care and treatment that was rendered by any medical care providers for injuries you
allegedly sustained as a result of the accident in question?
(a) If so, please enter the names of the medical care providers who rendered
these services in Column A of the accompanying chart.
(b) Please enter the total amount of charges for each medical care provider in
Column B of the accompanying chart.
(c) Please regard this as a Request for Production of Documents to attach
copies of all medical bills/invoices for the treatment rendered due to the
injuries alleged in the Complaint and reflected in the amounts claimed in
Column B.
23
21, Do you have any health insurance? If so, have you submitted medical bills
related to this accident to your health care insurer? If not, why were these medical bills not
submitted to your health care insurer?
24
22. Did any form of medical insurance (including Medicare or Medicaid) pay any
portion of Plaintiff s alleged medical expenses?
(a) If so, please state the name of the insurer, the address and the policy
numbers of the medical insurance which paid any portion of Plaintiffs
alleged medical expenses.
(b) Please enter the total amount of the medical expenses for each provider
that was paid by any insurance carrier in Column C of the accompanying
chart.
(c) Please regard this as a Request for Production of Documents to attach
copies of any receipts showing amounts paid by medical insurers
reflecting the amounts paid in Column C.
25
23. Were any of Plaintiff's medical expenses "written off', forgiven or otherwise not
owed by reason of a contract or agreement between the medical care provider and Plaintiff's
medical insurer as a compromise of a bill between the medical care provider and the Plaintiff or
for any other reason?
(a) Please enter in Column D of the accompanying chart the amount of the
medical expenses that were "written off' or forgiven or otherwise not owed
by reason of a contract between the health care provider and Plaintiffs
medical insurer as a compromise of a bill between the medical care provider
and the Plaintiff or for any other reason.
26
24. Were or are any of your medical expenses personally owed or owing by Plaintiff
or his or her representatives and, therefore, not paid by Plaintiffs insurance carrier and/or
"written off', forgiven or otherwise not owed with respect to any medical care provided by any
medical care providers who provided care for the Plaintiff who is claiming damages?
(a) Please enter in Column E of the accompanying chart the amount of the
medical expenses that were or are personally owed by Plaintiff or his or
her representatives and therefore not paid by Plaintiffs insurance carrier
and/or "written off', forgiven or otherwise not owed with respect to any
medical care provided by any medical care providers who provided care
for which Plaintiff is claiming damages.
A
Medical Care
Provider B
Total Medical
Charges for
Each Medical
Care Provider C
Amount of
Medical
Charges Paid by
Plaintiffs
Insurance D
Amounts
"Written Off',
Forgiven or
Otherwise Not
Owed E
Amounts Paid
or Owed by
Plaintiff or His
or Her
Representatives
Personally
(i.e. not paid by
insurance and
written of
27
A B C D E
Medical Care Total Medical Amount of Amounts Amounts Paid
Provider Charges for Medical "Written Off', or Owed by
Each Medical Charges Paid by Forgiven or Plaintiff or His
Care Provider Plaintiffs Otherwise Not or Her
Insurance Owed Representatives
Personally
(i.e. not paid by
insurance and
written of
DATE:
,oG
MARSHALL, DENNEHEY, WARNER,
COLEMAN & G400GIN
BY:
L. CARMELITE, ESQUIRE
; , ;A
I.D. No. 84730
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Beeknel
28
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this day of March, 2006, I served a true
and correct copy of the Interrogatories of Defendant, Damon Becknel, Addressed to Plaintiff
via U.S. first-class mail, postage pre-paid, as follows:
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
'?"' 8'. " W '.)
SUSAN M. WILLIAMS
r •
4a37-m??y
LYNN A. JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS OF
DEFENDANT, DAMON BECKNEL, ADDRESSED TO PLAINTIFF
PLEASE TAKE NOTICE that you are hereby requested to produce for inspection and
other purposes, including copying, pursuant to the Pennsylvania Rules of Civil Procedure, at the
office of the counsel for the requesting party, or at such other location as may be mutually
agreeable between counsel for you and counsel for the requesting party, not less than thirty (30)
days after service of these requests, documents herein cited. The word "document" or
"documents" as herein used includes but is not limited to photographs, video tapes, drawings,
reports, statements and memoranda, as well as all other documents as defined in the Rules.
1. All medical bills, reports, records, and x-rays, relating to the injury allegedly
sustained in the occurrence described in the Complaint, as well as all medical bills, records, and
reports relating to prior or subsequent injuries to the same parts of the body claimed by Plaintiff
to have been injured in the occurrence described in the Complaint.
2. All employee reports, records, tax returns, attendance records, and wage
statements relating to the claim of loss of income as a result of the occurrence in Plaintiffs
Complaint.
3. Copies of all statements, memoranda, summaries of other writings, documents,
diagrams and pictures obtained from your investigation, your insurance company's investigation,
or your attorney's investigation into the incident involved. (You need not supply any attorney's
"work product" or other material which is specifically accepted as privileged by the above
Rules).
4. All documents in your possession, custody or control prepared in anticipation of
litigation or trial of this case, except those documents which disclose the mental impressions of
your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal
research or legal theories, and except those documents prepared in anticipation of litigation by
your representatives to the extent that they would disclose the representatives' mental impression,
conclusions or opinions respecting the value or merit of the claim or defense.
5. To the extent that you have not already provided the same in response to previous
requests herein, all statements obtained from any witnesses or memoranda of conversations with
witnesses or recordings of witnesses' statements, memoranda, or recordings made by parties to
this lawsuit or their representative.
6. To the extent not already provided in response to previous requests herein, all
statements made by any party to this action, including written statements signed or otherwise
adopted or approved by the person making it or stenographic, mechanical, electrical, or other
recording or transcription thereof, which is a substantially verbatim recital of an oral statement
2
and contemporaneously recorded, as allowed by Pennsylvania Rules of Civil Procedure No.
4003.4.
7. To the extent that you have not already provided the same, copies of all records,
documents and memoranda, which have any bearing upon the matters alleged against the
requesting party or upon the responsibility of the requesting party for the matters alleged against
the requesting party.
8. To the extent not already provided, all reports of those experts who are to be
called by you as witnesses at trial, which reports made or secured by you in connection with your
investigation of the matters relating to this lawsuit.
9. To the extent not already provided, copies of all experts' reports made or secured
by you in connection with your investigation of the matters relating to this lawsuit.
10. To the extent not already provided, all photographs, diagrams, maps, surveys,
plans and models of the site of the incident in question that are in your possession.
11. To the extent not already provided, all documents containing the names and
addresses of witnesses or potential witnesses with the exception of material described above,
specifically correspondence privileged by the above rules.
12. To the extent not already provided, copies of all exhibits which you intend to
offer into evidence at the trial of this matter.
13. To the extent not already provided in response to one or more of the foregoing
requests, copies of your Individual and/or if applicable Joint Tax Returns filed with the United
3
States Department of Revenue, Internal Revenue Service and Commonwealth of Pennsylvania
Department of Revenue for the tax years 2000 through 2005, inclusive.
MARSHALL, DENNEHEY, WARNER,
COLEMAN &-?GOGGIN
DATE:
BY:
DONALD L. CARMELITE, ESQUIRE
I.D. No. 84730
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Becknel
4
• o J
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this day of March, 2006, I served a true
and correct copy of the Request for Production of Documents of Defendant, Damon Becknel,
Addressed to Plaintiff via U.S. first-class mail, postage pre-paid, as follows:
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
SUSAN M. WILLIAMS
46
?Xhi b it-- 6
• ?• + A REGION DEFENSE LITIGATION LAW FIRM
MARSHALL, DENNEYmy WARNER, COLEMAN 8 GOGGUv
A P Q O F E 5 S 1 O N A L C O R P O R A T I O N www.marshaUdennehey.com
4200 Crums Mill Road, Suite B - Harrisburg, PA 17112
(717) 651-3500 • Fax (717) 651-9630
Direct Dial: 717-651-3504
Email: dlcarmelite@mdwcg.com
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
October 3, 2006
RE: Lynn A. Johnson v. Damon Becknel, Richard J. Corn, Jr. and
Shaffer Trucking, Inc.
CCP (Cumberland County) No.: 05-2275
Our File No.: 21237-00284.A42
Dear Mr. Wix:
PUMSYLVANu
Bethlehem
Doylestown
Erie
Harrisburg
Newtown Square
Norristown
Philadelphia
Pittsburgh
Scranton
Williamsport
Nar jwxy
(Merry Hill
Roseland
DsrAwASE
Wilmington
Oaro
Akron
F LoRroA
Ft. lAuderdale
Orlando
'Pampa
On or about March 28, 2006, I served you with Defendant, Damon Becknel's Interrogatories and
Request for Production of Documents addressed to your client, Lynn A. Johnson, with regard to the above-
referenced matter. To date, I still have not received responses to my discovery requests.
Kindly produce Plaintiff s responses within thirty (30) days of receipt of this correspondence; otherwise,
I will file a Motion to Compel with the Court immediately thereafter.
Should you require a short extension to respond to my discovery requests, please notify me immediately,
and I will be happy to provide you with that professional courtesy.
Should you have any questions or concerns regarding the above, please do not hesitate to contact me.
Thank you for your attention and anticipated cooperation in this matter.
ery
ALD L. CARME
DLC:smw
CERTIFICATE OF SERVICE
I, Kim Sakosky, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this ' day of January, 2007, I served a true
and correct copy of the Motion to Compel Discovery Responses from Plaintiff, Lynn A.
Johnson, via U.S. first-class mail, postage pre-paid, as follows:
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
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MN 8 $ 2007 (r?
LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO.: 05-2275
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
ORDER
AND NOW, this l?day of January, 2007, upon consideration of the Motion filed by
Defendant, Damon Becknel, to compel Plaintiff, Lynn A. Johnson to respond to Defendant Becknel's
Interrogatories and Request for Production of Documents, it is hereby ORDERED and DECREED that Plaintiff,
Lynn A. Johnson, shall provide responses to Defendant's Interrogatories and Request for Production of
Documents within twenty (20) days of service of this Order.
BY THE COURT:
Z-1
C>
6Z ' fed Z NIN UOZ
]Hi ?o
v l
LYNN A. JOHNSON,
Plaintif I
V.
DAMON BECKNEL, RIC]
CORN, JR. and SHAFFER
INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
r.
KING, JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
V.
DAMON BECKNEL and LYNN
JOHNSON,
AND NOW comes Plaintiff Crete Carrier, by and through its attorneys, Marcello
& Kivisto, LLC, and answers Defendant Lynn Johnson's New Matter as follows:
17. Plaintiff incorporates the averments of its Complaint as if set forth in full.
18. Denied. The avermenll s of this Paragraph constitute conclusions of law to which
no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
By way of further answer, it is specifically denied that Plaintiff's action is barred by the
applicable statute of limitati
19. Denied. The averments of this Paragraph constitute conclusions of law to which
no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
20. Denied. The averment of this Paragraph constitute conclusions of law to which
no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
WHEREFORE, Plaintiff respectfully requests judgment in its favor.
RESPECTFULLY SUBMITTED,
rg?'? V
Dougl Marcello
Sonya Kivisto
Marcello & Kivisto, LLC
1501 Commerce Ave.
Carlisle, PA 17013
(717)240-4686
Attorneys for Crete Carrier,
Schaffer Trucking and Richard J. Corn, Jr.
FER-2 -2007 10:40 TCI-ERST
LM4 A. JOINSON,
Plaindi"f -
7177958774 P.02/02
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J.
CORN, JR. and. SHAFFAR TRUCKING, : JURY TRIAL DEMANDED
INC.
Defendants
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNBL and LYNN
JOHNSON,
Defendants
'V'ERIFICATYON
I, II ?iC [.. ' + s hereby verify that the averments made in
Crete Carrier Corporation's Answer to Defeudant Lynn Johnson's New Matter are
true and correct to the best of my information, knowledge and belief based upon the
infonmstiou available. I understand that ids* statements berein are made subject to the
penalties of 18 Pa.C.S.A. Section 4904 relating to tmswarn falsification to authorities.
By.
Dated:
LYNN A. JOHNSON,
V.
DAMON BECKNEL,
CORN, JR. and SHAF
INC.
CRETE CARRIER CORPO TION,
Plainti
V.
DAMON BECKNEL
JOHNSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CATE OF SERVICE
I certify that the foreg ing Answer to New Matter of Defendant Johnson in the
within action was served upo the following by enclosing the same in an envelope
addressed as follows, postage prepaid and depositing same in the United States Mail,
First Class Mail, in Carlisle, A on the 9th day of February, 2006.
Richard H. Wix, Esq.
4705 Duke St.
Harrisburg, PA 17109-3099
Donald L. Carmelite
Marshall Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
2r"'-J" 64--
Sonya visto
p
ce?
LYNN A. JOHNSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
ANSWER OF DEFENDANT. DAMON BECKNEL.
TO CROSSCLAIM OF DEFENDANT. LYNN JOHNSON
AND NOW comes Defendant, Damon Becknel, by and through his counsel, Marshall,
Dennehey, Warner, Coleman & Goggin, and files this Answer to Crossclaim of Defendant, Lynn
Johnson, and in support thereof states as follows:
22. Denied. The averments set forth in this Paragraph constitute conclusions of law
to which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
23. Denied. The averments set forth in this Paragraph constitute conclusions of law
to which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
,,
WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor
and against all parties to this action together with such other relief as this Court deems just and
appropriate.
COLON &
DATE:
BY:
r
, WARNER,
IlQDiL,D?L. CARMELITE, ESQUIRE
I.D. No. 84730
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
Damon Becknel
2
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing Answer to
Defendant Johnson's Crossclaim are based upon information which has been furnished to
counsel by me and information which has been gathered by counsel in the preparation of the
defense of this lawsuit. The language of the Answer to Defendant Johnson's Crossclaim is that
of counsel and not my own. I have read the Answer to Defendant Johnson's Crossclaim, and to
the extent that it is 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 of the Answer
to Defendant Johnson's Crossclaim are that of counsel, I have relied upon my counsel in making
this verification. The undersigned also understands that the statements therein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities.
BY: 11L-?
DAMON BECKNEL
DATE:
1s-
? ?G ?`7
y & . .w
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this Pa"-day of February, 2007, I served a true
and correct copy of the Answer of Defendant, Damon Becknel, to Crossclaim of Defendant,
Lynn Johnson, via U.S. first-class mail, postage pre-paid, as follows:
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Douglas B. Marcello, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
SUSAN M. WILLIAMS
? C)
? -n
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CfJ.'" N Tli7i
.J.J?'??
v
w
LYNN A. JOHNSON,
V.
ORIGINAL
. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants
DOCKET NO.: 05-2275
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
TO THE PROTHONOTARY:
ENTRY OF APPEARANCE
Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant,
Damon Becknel, with respect to the above-referenced matter.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: t'kjlDg BY:
S N J. BARCAVAGE, ESQUIRE
I.D. No. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Attorney for Defendant
Damon Becknel
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this q4) day of January, 2008, I served a true
and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as
follows:
Kate Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
Sonja Kivisto, Esquire
MARCELLO & KIVISTO, LLC
1501 Commerce Avenue
Carlisle, PA 17013
SUSAN M. WILLIAMS
rlO
w°
if
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
By: Stephen J. Barcavage, Esquire
ID# 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3506
Our File No. 21237-00284
Attorney for Defendant Damon Becknel
LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO.: 05-2275
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of the undersigned as counsel for Defendant, Damon
Becknel, in the above-captioned case.
IN
By:
=Carmelite, Attorney for Defendant
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
MARSHAL NNEHEY
WG
Do
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned as counsel for Defendant, Damon
Becknel, in the above-captioned case.
MARSHALL DENNEHEY
W OLEMAN & GOGGIN
By:
Step en I Barcavage, Esquire
Attorney for Defendant
I.D. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Dated: January 18, 2008
C4
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
By: Stephen J. Barcavage, Esquire
ID# 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3506
Our File No. 21237-00284
Attorney for Defendant Damon Becknel
LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO.: 05-2275
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J. CORN,
JR. and SHAFFER TRUCKING, INC.,
Defendants JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN JOHNSON,
Defendants
CERTIFICATE OF SERVICE
I, Stephen J. Barcavage, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby
certify that on January 28, 2008, served a copy of the Withdrawal of Appearance and Entry
of Appearance, via First Class United States mail, postage prepaid as follows:
Kate Wix, Esquire Sonja Kivisto, Esquire
WIX, WENGER & WEIDNER MARCELLO & KIVISTO, LLC
4705 Duke Street 1501 Commerce Avenue
Harrisburg, PA 17109 Carlisle, PA 17013
hen J. Barcavage
ra
Gr
z
c.s
Lynn A. Johnson
V.
Damon Becknel, Richard J.
and Shaffer Trucking, Inc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Corn, Jr. :
Crete Carrier Corporation
V.
Damon Becknel and Lynn Johnson
NO. 2275 20_5
6151 2005
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:
Lynn A. Johnson
Richard H. Wix counsel for >ftxplasadidefismtant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 5 , 4 6 6. 7 0
The counterclaim of the dekzdmt in the action is $ 5 , 4 8 0.9 0
Crete Carrier Corp.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Stephen J. Barcavage, Esq. and Sonya Kivisto, Esq.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
113110k C? ?-7q-
ORDER OF COURT
AND NOW, . 200___, in consideration of the foregoing
petition,
Esq., and
captioned action (or actions) as prayed for.
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
Lynn A. Johnson
V.
Damon Becknel, Richard J. Corn, Jr.
and Shaffer Trucking, Inc.
Crete Carrier Corporation
V.
Damon Becknel and Lynn Johnson
RULE 1312-1 The Petition for Appointment of Arbitrators shall be
Following form:
PETITION FOR APPOINTMENT OF
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Lynn A.
Richard H. Wix counsel for ft>Vhkmbffld
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is S-5 , 4 6 6. 7 0
The counterclaim of the defexdmt in the action is $5,480.9
Crete Carrier Corp.
The following attorneys are interested in the case(s) as counsel or are other
as arbitrators:
Stephen J. BarcavaQe . Farr_ AnC1 qnn VA Kl NT; Ct
IN THE COURT OF 40MMON PLEAS OF
CUMBERLAND CO Y, PENNSYLVANIA
NO. 2275
6151
WHEREFORE, your petitioner prays your Honorable Court to appoint
whom the case shall be submitted.
,-3k 44' 1131'oa'
petition,_
Esq., and
captioned
777'
_ 2oQ5
2005
in the
ohnson
mdant in the above
ise disqualified to sit
, Esq.
ORDER OF COURT
4AtA 13 200, i consid
Esq., and,;d j
Esq., are appointed
(or actions) as prayed for.
(3) arbitrators to
ition of the fgxegoing
bitrators in the above
By a
v , GvI
B. AY Y ?
' r
ray ; ` 'i o M
t s O C7
t
a184
CO, M
lZic a
3onY 3'
en o8
'5-0 00
Lynn A. Johnson, In The Court of Common Please of Cumberland
Plaintiff
County, Pennsylvania No. 05-2275
Damon Becknel, Richard J. Corn, Jr.
and Shaffer Trucking, Inc.,
Defendant
Civil Action - Law
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office with
fidelity.
Signature Signature Signature
Robert C. Saidis, Esq. Timothy A. Shollenber, er, Esq. Sean M. Shultz, Esq.
Name (Chairman) Name Name
,/Saidis-Flower & Lindsay i/ Shollenberger & Januzzi LLP Knight & Associates
Law Firm Law Firm Law Firm
26 West Hip
_h Street 2225 Millennium Way 11 Roadway Drive, Suite B
Address Address Address
Carlisle, PA 1701; Enola Pa 17025 Carlisle PA 17015
City, Zip City, Zip City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated)
Date of Hearing: April 22, 2008
Date of Award: Z?w
A.
Ho
Sean M. Shultz
Notice of Entry of Award
Now, the S4 L'-day of ( , 2008, atg oy .M., the above award was entere
upon the docket and notice thereof g ven by mail to the parties or their attorneys.
Arbitrators' compens on to be paid upon appeal: $ .3Co,dd
By:
Prothonotary Deputy
Arbitrator-dissents (Insert name if applicable)
l?
RcberjL?,aidis (Chairman)
n
?71-
e
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL, RICHARD J.
CORN, JR. and SHAFFER
TRUCKING, INC.
Defendants
NO. 05-2275 CIVIL
CIVIL ACTION - LAW
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and
LYNN JOHNSON,
Defendants.
NO. 05-6151 CIVILTERM
CIVIL ACTION - LAW
NOTICE OF APPEAL
Notice is hereby given that Lynn Johnson appeals from the award of the
board of arbitrators entered in this case on May 5.2008
A jury trail is demanded X (Check the line if a jury trial is demanded.
Otherwise jury trial is waived.) T?
I hereby certify that
(1) the compensation of the arbitrators has been paid, or
(2
(Strike out the inapplicable clause).
Appellant or Attorney for Appellant
R is kar?4 fi. W z 7G
Note: The demand for jury trial on appeal from compulsory arbitration is governed by
Rule 1007.1(b).
(b) No affidavit or verification is required
Adopted March 16, 1981, effective May 15, 1981.
'"C3 7
Q
rTl
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( X ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
Lynn A. Johnson
( ) Civil Action - Law
( X) Appeal from Arbitration
(other)
(Plaintiff)
VS.
Damon Becknel, Richard J. Corn,
Jr. and Shaffer Trucking, Inc.
VS.
(Defendant)
Crete Carrier Corporation,
Plaintiff
V.
Damon Becknel & Lynn Johnson
The trial list will be called on 8/19/08
and
Trials commence on 9/15/2008
Pretrials will be held on 8/27/08
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 02275-"-oCivi1 22 2005 and
06151 2005
Indicate the attorney who will try case for the party who files this praecipe:
Richard H. Wix, Esq., 4705 Duke Street, Harrisburg, PA 17109
Indicate trial counsel for other parties if known:
Sonya Kivisto, Esq., 1200 Walnut Bottom Rd..Ste. 331, Carlisle, PA
(Crete Carrier Corp.)
Stephen J. Barcava e, Es q., 4200 Crums Mill Rd., Ste. B, Harrisburg, PA
Damon Bec ne
This case is ready for trial. Signed: k- 0-
Print Name: Richard H. Wix, Esa.
Date: 7/24/2008 Attorney for: Lynn Johnson
#12
LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
DAMON BECKNEL, RICHARD J. n
CORN, JR., AND SHAFFER C
TRUCKING, INC.,
r?
Defendants
' 05-2275 CIVIL TERM `
sst
CRETE CARRIER CORPORATION, IN THE COURT OF COMMON PLF&,5.OF
Plaintiff CUMBERLAND COUNTY, PENNSYL,`TI A:::i c
f°. s1i
?
v
CIVIL ACTION - LAW r V
CD -i
rQ e
DAMON BECKNEL and LYNN
JOHNSON,
Defendants 05-6151 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held in the chambers of
Judge Oler in the above-captioned consolidated cases on
August 27, 2008. Present on behalf of Lynn A. Johnson was
Richard H. Wix, Esquire. Present on behalf of Richard J. Corn,
Jr., Shaffer Trucking, Inc., and Crete Carrier Corporation was
Sonya Kivisto, Esquire, and present on behalf of Damon Becknel
was Stephen J. Barcavage, Esquire.
This is an action for property damage arising out
of a three vehicle accident on the Pennsylvania Turnpike on
December 5, 2003, when three eastbound vehicles -- a car owned
and driven by Lynn A. Johnson, a truck driven by Richard J. Corn,
Jr., in the course of his employment with Shaffer Trucking, Inc.,
which truck was owned by Crete Carrier Corporation, and a vehicle
driven by Damon Becknel -- collided.
This will be a jury trial in which, pursuant to
an agreement of counsel, Lynn A. Johnson will have 3 peremptory
challenges, Richard J. Corn, Jr., Shaffer Trucking, Inc., and
Crete Carrier Corporation will collectively have 3 peremptory
challenges, and Damon Becknel will have 3 peremptory challenges,
for a total of 9 peremptory challenges. The estimated duration
of trial is 1 day.
Counsel have indicated that some testimony may be
presented by deposition to the jury, and that no counsel will
object to that form of testimony. To the extent that any such
deposition contains objections requiring rulings by the Trial
Court, counsel are directed to submit a copy of the affected
transcript to the Court at least 5 days prior to the commencement
of the trial, with the areas of objection requiring rulings
highlighted, and with brief memoranda in support of their
respective positions on the objections.
With respect to settlement negotiations, it does
not appear to the Court that this case will be resolved without
trial. Counsel for Lynn A. Johnson has indicated that
Ms. Johnson is not willing to waive her right to a jury trial.
By the Court,
J.r eslev Ole
Richard H. Wix, Esquire
4705 Duke Street
Harrisburg, PA 17109-3099
For Lynn A. Johnson
Stephen J. Barcavage, Esquire
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
For Damon Becknel
Sonya Kivisto, Esquire
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
For Richard J. Corn, Crete Carrier
Corporation, and Shaffer Trucking
Court Administrator :mae
12
LYNN A. JOHNSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
DAMON BECKNEL, RICHARD J. CORN, JR.,
and SHAFFER TRUCKING, INC
NO. 2005-2275 CIVIL TERM
ORDER OF COURT
AND NOW, September 16, 2008, upon relation of the Court Administrator that
this case cannot be reached this trial term due to the number of cases on the trial list, IT IS
HEREBY ORDERED AND DIRECTED that this case be continued until the November 17, 2008
trial term. The Prothonotary is directed to relist this case for the November 17, 2008 trial term.
Counsel are notified that they need not attend the Call of the List and no additional Pretrial
Conference will be scheduled unless requested by either party. This case will be given preference
and placed at the head of the list.
Richard H. Wix, Esquire
For the Plaintiff
?Stephen J. Barcavage, Esquire
,/Sonya Kivisto, Esquire
For the Defendant
Court Administrator
ts ryul I LL
By the C
Edgar B. Bayley,-J.
kiNplOr
9'h -6 WV L i 83S BOOZ
LYNN A. JOHNSON,
Plaintiff
v
DAMON BECKNEL, RICHARD J
CORN, JR., AND SHAFFER
TRUCKING, INC.,
Defendants
05-2275 CIVIL TERM
IN RE: CASE STRICKEN FROM LIST
ORDER OF COURT
AND NOW, this 21st day of October, 2008, upon
consideration of the call of the civil trial list, and rio counsel
having called this case for trial, it is stricken from the trial
list.
By the Court,
Wesley ler, 4--.1
J.
Richard H. Wix, Esquire
4705 Duke Street
Harrisburg, PA 17109-3099
/For Plaintiff
Stephen J. Barcavage, Esquire
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
For Defendant Damon Becknel
-,-<o--nya Kivisto, Esquire
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
For Defendant Richard J. Corn Jr and Shaffer T k' r
Court Administrator -
Mae
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LPL 1?) ?#12
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AINCI,
90 9 WV LG 130 8€GOl
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL,
RICHARD J. CORN, JR.,
and SHAFFER
TRUCKING, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2275 CIVIL TERM
ORDER OF COURT
AND NOW, this 25`h day of October, 2008, the above-captioned case having been
stricken from the trial list on October 21, 2008, when it was not called for trial, and the
Court being advised by the Court Administrator that President Judge Bayley had
previously entered an order excusing counsel from appearing at the call of the list and
from participating in a further pretrial conference, the order of court striking the case
from the trial list is vacated and the case shall remain for trial at the forthcoming term of
court.
Richard H. Wix, Esq.
Attorney for Plaintiff
BY THE COURT,
A4Wes l ey er, r., J.
-" Stephen J. Barcavage, Esq.
--'!?o_nya Kivisto, Esq.
Attorneys for Defendant
Court Administrator / ? ? 1?
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1,
LYNN A. JOHNSON IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. ' CIVIL ACTION - LAW
DAMON BECKNEL, ;
RICHARD J. CORN, JR.,
and SHAFFER
TRUCKING, INC.,
Defendants NO. 05-2275 CIVIL TERM
CRETE CARRIER IN THE COURT OF COMMON PLEAS OF
CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION - LAW
DAMON BECKNEL and
LYNN JOHNSON,
Defendants NO. 05-6151 CIVIL TERM
VERDICT SLIP
QUESTION 1:
Do you find that any of the parties were negligent?
Lynn A. Johnson Yes No
Damon Becknel Yes No
Richard J. Corn, Jr. Yes No
If you answered Question I "Yes," as to any party, go on to
answer Question 1 "No" as to all Question 2. If you
parties, you should not answer any further questions and
should return to the courtroom.
QUESTION 2•
Was the negligence of those parties you have found to be negligent a factual
cause of the harm to Lynn A. Johnson?
Lynn A. Johnson Yes No
Damon Becknel Yes v/f No
Richard J. Corn, Jr. Yes
NomZ"
QUESTION 3
Was the negligence of those parties you have found to be negligent a factual
cause of the harm to Crete Carrier Corporation?
Lynn A. Johnson Yes No
Damon Becknel Yes No
Richard J. Corn, Jr. Yes No
QUESTION 4•
If you have found more than one party causally negligent, you must apportion the
negligence among those parties.
Taking the combined negligence that was a factual cause of any harm as 100
percent, what percentage of that causal negligence was attributable to each of the parties
you have found causally negligent?
Percentage of causal negligence attributable to
Lynn A. Johnson (Answer only if you have answered
"Yes" to Questions 1 and 2 for Lynn A. Johnson): Q
Percentage of causal negligence attributable to
Damon Becknel (Answer only if you have answered
"Yes" to Questions 1 and 2 for Damon Becknel): %
Percentage of causal negligence attributable to
Richard J. Corn, Jr. (Answer only if you have answered
"Yes" to Questions 1 and 2 for Richard J. Conn, Jr.): 0%
Total 01 0%
f? o
Date
F person ._M. ^
LYNN A. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. DOCKET NO.: 05-2275
CIVIL ACTION-LAW
DAMON BECKNEL, RICHARD J.
CORN, JR. and SHAFFER TRUCKING, JURY TRIAL DEMANDED
INC. :
Defendants :
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN
JOHNSON,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 05-6151
: CIVIL ACTION-LAW
PRAECIPE TO MARK SATISFIED AND DISCONTINUED
To the Prothonotary:
Please mark the dockets in the above matters satisfied, and discontinued with regard to
the verdict in favor of Crete Carrier Corporation and against Damon Becknel and Lynn Johnson.
V_-4p ?
By:
Son visto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle,.PA 17015
Attorney for Richard J. Corn and
Crete Carrier Corporation
LYNN A. JOHNSON,
Plaintiff
V.
DAMON BECKNEL, RICHARD J.
CORN, JR. and SHAFFER TRUCKING,
INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO.: 05-2275
: CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CRETE CARRIER CORPORATION,
Plaintiff
V.
DAMON BECKNEL and LYNN
JOHNSON,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 05-6151
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I certify that the foregoing Praecipe to Mark Satisfied and Discontinued in the
within actions was served upon the following by enclosing the same in envelopes
addressed as follows, postage prepaid and depositing same in the United States Mail,
First Class Mail, in Carlisle, PA on the 2nd day of January, 2009.
Richard H. Wix, Esq.
4705 Duke St.
Harrisburg, PA 17109-3099
Stephen J. Barcavage
Marshall Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Sonya Kivisto
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