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HomeMy WebLinkAbout05-4713 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Jason W. Redfoot and Katrina Redfoot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, Plaintiffs vs. NO. 05-'11!!> CIVIL TERM CNIL ACTION - LAW DAVID J. STUPP and B & S TRANSPORTATION CO., INC. Defendants JURY TRIAL DEMANDED TO: Defendants YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800) 990-9108 33/917-1 A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona 0 po abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier dinero reclamado en la demanda 0 po cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAIO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 331917-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Jason W. Redfoot and Katrina M. Redfoot JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05- 47/3 CIVIL TERM CIVIL ACTION - LAW DAVID J. STUPP and B & S TRANSPORTATION CO., INC. Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Jason W. Redfoot and Katrina M. Redfoot, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiffs Jason W. Redfoot and Katrina M. Redfoot, husband and wife, are adult individuals who reside at 2001 Red Bank Road, Lot 524, Dover, York County, Pennsylvania. 2. Defendant David J. Stupp is an adult individual residing at 16 Andersontown Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant B & S Transportation Co., Inc. is a Pennsylvania corporation witb a principal place of business at 2217 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 331917-1 4. The facts and circumstances hereinafter set forth occurred on September 16, 2004, at or about 7:00 A.M. on S.R. 114, South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. At tbe aforesaid time and place, Plaintiff Jason W. Redfoot was the owner and operator of a 1983 Suzuki motorcycle bearing Pennsylvania Registration Plate No. LHG98. 6. At the aforesaid time and place, Defendant B & S Transportation Co., Inc. was the owner of a 2004 Navistar bus bearing Pennsylvania Registration Plate No. SC26661. 7. At the aforesaid time and place, Plaintiff Jason W. Redfoot was operating his 1983 Suzuki motorcycle westbound on State Route 114 in Cumberland County, Pennsylvania. 8. At tbe aforesaid time and place, a vehicle operated by John D. Betlock was traveling westbound on State Route I I4 in Cumberland County, Pennsylvania in front of Plaintiff Jason W. Redfoot. 9. At the aforesaid time and place, Defendant David F. Stupp was operating the 2004 Navistar bus with the permission of Defendant B & S Transportation Co., Inc. and within the scope of his employment with Defendant B & S Transportation Co., Inc. 10. At the aforesaid time and place, Defendant David F. Stupp was operating the aforesaid Navistar eastbound on SR 114. 11. At the aforesaid time and place, a garbage collection truck was blocking a portion of the eastbound lane of SR 114 and Defendant David F. Stupp crossed into the westbound lane to go around said garbage truck. 12. At the aforesaid time and place, the vehicle operated by John D. Betlock swerved to the shoulder to avoid hitting Defendant Stupp. 331917-1 13. At the aforesaid time and place, because he had no where else to go, the vehicle operated by Plaintiff Jason Redfoot sideswiped the vehicle operated by Defendant David Stupp, then swerved right and rearended the vehicle operated by John D. Betlock. 14. At all times relevant hereto, Defendant David Stupp was an employee, servant, workman and/or agent of Defendant B & S Transportation Co., Inc. and was acting within the scope of his employment with Defendant B & S Transportation Co., Inc. and Defendant B & S Transportation Co., Inc. is vicariously liable for his acts, commissions or omissions as though it performed the acts, commission or omissions itself and is subject to the doctrine of respondeat supenor. COUNT I JASON W. REDFOOT V. DAVID STUPP 15. Paragraphs I through 14 of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. 16. Defendant owed a duty to Plaintiff Jason W. Redfoot and other lawful users ofthe roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to tbe Plaintiff in particular. 17. The aforesaid collision was the direct and proximate result ofthe negligence of the Defendant David J. Stupp, in operating the 2004 Navistar bus in a careless, reckless and negligent manner as follows: (a) Failing to give at least one half of the main traveled portion of the roadway to another vehicle being operated by Plaintiff in violation of 75 Pa. C.S.A. {l3302 and applicable law; 331917-1 331917-1 (b) Overtaking and passing another vehicle when such movement could not be made with safety in violation of75 Pa. C.S.A. S3303 and applicable law; (c) Attempting to pass another vehicle by driving to the left side of the center or marked center line of the roadway when the left side was neither clearly visible nor free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the operation of another vehicle approaching in the opposite direction of the vehicle being overtaken in violation of75 Pa. C.S.A. S3305 and applicable law; (d) Failing to return his vehicle to the authorized lane of travel as soon as practicable or before coming within 200 feet of a vehicle approaching in the opposite direction in violation of75 Pa. C.S.A. S3305 and applicable law; (e) Failing to drive his vehicle as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before the Defendant had first ascertained the movement could be made with safety in violation of 75 Pa. C.S.A. S3309(1) and applicable law; (f) Driving his motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of 75 Pa. C.S.A. s3523(a) and applicable law; (g) Driving on tbe left side of the roadway when not safe to do so in violation of75 Pa. C.S.A. S3306 and applicable law. (h) Driving on left side of the roadway within a no-passing zone in violation of75 Pa. C.S.A. S3307 and applicable law; (i) Driving his vehicle at an unsafe speed in violation of 75 Pa. C.SA S336l and applicable law; (j) Operating the bus in careless disregard for the safety of persons in violation of75 Pa. C.S.A. S37l4 and applicable law; (k) Operating the bus in reckless disregard in violation of 75 Pa. C.s.A. S3736 and applicable law; (I) In failing to have his vehicle under proper and adequate control; (m) In failing to operate his vehicle with a higher standard of care as required by a commercial driver and/or school bus driver; (n) In failing to apply the brakes in time to avoid the collision; (0) In failing to observe Plaintiffs vehicle on the highway; (p) In failing to keep a reasonable look-out for otber vehicles lawfully on the road; (q) highway; In failing to yield the right-of-way to traffic already upon the (r) In failing to observe oncoming traffic; (s) In failing to keep a proper look -out for approaching vehicles; (t) In failing to yield the right-of-way to oncoming traffic; (u) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (v) In failing to have yielded half of the highway to oncoming traffic. 18. As a direct and proximate result of tbe collision and tbe negligent, careless and reckless conduct of Defendant Stupp, Plaintiff, Jason W. Redfoot, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; (d) Brush burn area on left shoulder area and left arm; 331917-1 (e) Multiple abrasions distal to the right elbow and to the hand; (f) Right hand trauma; (g) Abrasions on left outer thigh; and (h) First and second degree bums on right leg and ankle. 19. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Stupp, Plaintiff, Jason W. Redfoot, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and limitations in his pursuit of daily activities all to his great loss and detriment. 20. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Stupp, Plaintiff, Jason W. Redfoot, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. To date, the medical expenses are $2,019.00. 21. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Stupp, Plaintiff, Jason W. Redfoot, has suffered and will continue to suffer a loss of earnings for which damages are claimed. 22. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Stupp, Plaintiff, Jason W. Redfoot, has and/or may in the future incur a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 331917-1 23. As a direct and proximate result of the aforesaid collision and the negligence, carelessness and recklessness of Defendant Stuff, Plaintiff, Jason W. Redfoot has sustained or in the future may sustain scarring and disfigurement for which damages are claimed. 24. As a direct and proximate result of the aforesaid collision and the negligence, carelessness and recklessness of Defendant Stupp, Plaintiff Jason W. Redfoot sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 25. Plaintiff, Jason W. Redfoot was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff Jason W. Redfoot remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 26. Plaintiff incurred a storage fee from Cycle Tech Motorcycle Center in the amount of $100.00 for which he claims reimbursement from Defendant Stupp. See Exhibit "A" which is attached hereto and incorporated herein by reference. 27. Plaintiff's motorcycle required repairs in the amount of$2,832.92 for which he claims reimbursement from Defendant Stupp. See Exhibit "B" which is attached hereto and incorporated herein by reference. 28. Plaintiff's helmet was damaged in the collision and the cost to replace the helmet is approximately $100.00 for which Plaintiff claims reimbursement from Defendant Stupp. 29. Plaintiff's eyeglasses were broken in the accident and he was forced to replace them at an out-of-pocket cost to him in the amount of approximately $250.00 for which he claims reimbursement from Defendant Stupp. 331917-1 WHEREFORE, Plaintiff Jason W. Redfoot demands judgment in his favor and against the Defendant David J. Stupp for the aforesaid damages in an amount witbin the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT II Plaintiff Jason W. Redfoot v. Defendant B & S Transportation Co., Inc. 30. Paragraphs I through 29 hereof are incorporated herein by reference as if fully set forth. 31. In addition to being vicariously liable for the acts of its employee, servant, workman and/or agent, Defendant B & S Transportation Co., Inc. was also negligent, careless and reckless as follows: a. Failing to properly train its employees, servants, workmen and/or agents in the operation of its vehicles; b. Failing to provide its employees, servants, workmen and/or agents with proper directions before allowing them to operate its vehicles; c. Failing to ensure that its employees, servants, workmen and/or agents are familiar with the roadways and route of travel before allowing them to operate its vehicles; d. Failing to properly supervise or control its employees, servants, workmen and/or agents while they are operating its vehicles; e. Hiring and/or retaining employees, servants, workmen and/or agents who may be unfit or incompetent to operate its vehicles; f. Failing to have in place proper procedures, rules, regulations, protocols or safety measures to ensure tbat other motorists are not endangered by the operation of its vehicles by its employees, servants, workmen and/or agents; 331917-1 g. Sending out its employee, servant, workman and/or agent for an errand or job without proper instructions, directions and guidance; h. Failing to take proper precautions to protect Plaintiffs and other lawful users of the roadway from the negligent, careless and reckless actions of its employees, servants, workmen and/or agents; 1. Failing to use a higher degree of care as a common carrier and/or school bus operators in the operation of its vehicle; and J. Violating Pennsylvania Interstate and/or Intrastate Motor Carrier Safety Regulations and other state safety requirements. 32. As a result of the aforesaid negligence, carelessness, and/or recklessness of Defendant B & S Transportation Co., Inc., Plaintiff sustained the aforesaid damages. WHEREFORE, Plaintiff Jason W. Redfoot demands judgment in his favor and against the Defendant B & S Transportation Co., Inc. for the aforesaid damages in an amonnt within the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT III KATRINA M. REDFOOT V. DEFENDANTS 33. Paragraphs I through 32 hereof are incorporated herein by reference as if fully set forth. 34. During all relevant times Plaintiffs Jason W. Redfoot and Katrina M. Redfoot, were husband and wife, and solely as a result of the collision, the aforesaid negligence, carelessness and recklessness of Defendants and as a result of the injuries to Plaintiff Jason W. Redfoot, the Plaintiff Katrina M. Redfoot has been deprived of the assistance, companionship, consortium and 33/9/7-/ society of her husband and has lost his services to her all to her great loss and detriment which may continue indefinitely. WHEREFORE, Plaintiff Katrina M. Redfoot demands judgment against Defendants David J. Stupp and B & S Transportation Co., Inc. for the aforesaid damages in an amount within the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: r..~4- Clark De V ere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: "i-I-OS;- 331917-1 VERIFICATION I, Jason W. Redfoot, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: g - 'd) . 05 !~ Jij ~- J on '\V. Redfoot 33/9/7-/ VERIFICATION I, Katrina M. Redfoot, hereby certify that tbe following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. c.S.A. 94904 relating to unsworn falsification to authorities. Dated: 8 - 23- oS' jLMi'L ~~m,~ atrina M. Redfoot 331917-1 e 1Ch, b:-f fI: , , i ' :: i '~, , , hi' '. 'I';; I . , .' ~:' i t. I~' I, ' .1, \~ [ " : I ~,,\ I:' . " , I,' I'''..''', ::}: . , ' ,,' I ~ : I .1 I"". "'c' \ ~ I I', ' "I' I'll: ,,;.f; ; "1"1' I," ., ' ~ ,\. , :, I ~L I II ;., j ~' I Ii) : , ' li" :~, I oi., ': 1 . 'I ", ."1' I 1 'I'! 1 701"--/ . ,I: 'I ~ . t.;YCU: OfF }edc 455 Roaatown f10ad LewiBberry, PA 17339 ('7'17) 9S8-0690 " '. '. , , J '", I Name .' J;/ ./7 . ). Dale, .;j l tt" .. i~~....." ... ., -.,/ ,,'''~...) , Z. / .:;;) ~ Addresa ~ Buso' /, r 0 N Ras. E Year I Mlike I Model PU aT so DESCRIPTION PRiCE AMOUNT A' I 5' ,i>:> , ~ (',~ ,....j"l..~ ." , / ~~:~~) , ~)I.J ',,)} < /,:~ /,-, ~'I:? ~ ,I ." ) J. " .' I "'''''''; . ~/"~'r/ -tl..'- I /," i(;p-,I J L I f'):' J .'" ',~' "~.'" '/ (."." . " ," - I ,,,...., - - II,- ; ".' " , h IT 0/"'\ i /1/ '/ .1/0/ ,) 6 ~~ I t.. .. / , T~~~~' I ./ PA T Access. Terms: No Refunds, Credit Only On Returned Goods. No Returns Without This Invoice. ~~~., 20% RestocKing Fee On All Items Returned After 10 Days. ~I~TE No Returns On Special Orders. No Returns On Eleclrlcal Parts. RECEIVED BY: TOTAL , .: ~;, \' I I: I I 'It I It I ~t 0l-=..~<;-P.<;:-aC.)'() s........a':&.':&.n~ Wl;::l I 'h ,-{ 13 6'1-h' ' Sent By: Cycle Tech; ,0 SHOP COpy' ~ <e ~ " ] " '" ~! ~'~~ :HH 4Jt~"o ~l.ii i ~~ ;;;:11 ~ C i (iJO ~ ~-a,:z. !1lt ~,,(~~ ClIf a ! ~ Il ... ~~, ~ iI III! 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""','.. .; f.... .;, " >+ n o c '" z , z . m :IE il .d ~ ; ~ ~ . . ~- ;n ~ ~~ ~I~ ' e !'.: .- I-' .... ~ ;d r:J -6g. :\+. '[ ~ - . B (S"- 6J vt f? 0 <><:) ~ C> --n ..l: ---< --U -,- ~ " r;:i ~ I \..0 =2 -"C) - ..-' J:- ,"": .. ." CJ J"" .-( ~;J --- ,< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, Plaintiffs, v. DAVID J. STUPP and B & S TRANSPORTATION CO., INC., Defendants. #14083 CIVIL DIVISION NO. 05-4713 Civil Term PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, Plaintiffs, CIVIL DIVISION NO. 05-4713 Civil Term v. (Jury Trial Demanded) DAVID J. STUPP and B & S TRANSPORTATION CO., INC., Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendants, David J. Stupp and B & S Transportation Co., Inc., in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: eVIn D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, thiS(;(~ day of ~\!\l't\..k\ ,2005. Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendants ~ o ~;. ,.,> g cf' <" (-n -'0 r';':l 0' ..." Q, -l :i~~ rn -r: ""(10"1 ~,)C1 <,j,(~) :.~,::_ :A\ ;~;~ ~ ..-:i" --"" 0- o '.l' SHERIFF'S RETURN - REGULAR CASE NO: 2005-04713 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REDFOOT JASON W ET AL VS STUPP DAVID J ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon B & S TRANSPORTATION CO INC the DEFENDANT , at 1608:00 HOURS, on the 20th day of September, 2005 at 6370 BASEHORE BLVD MECHANICSBURG, PA 17055 by handin9 to DEBRA WOLFGANG, SUPERVISOR, 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. Amended Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 9.60 .00 10.00 .00 25.60 r~~ R. Thomas Kline 10/12/2005 METZGER WICKERSHAM A.D. By, I ~ /?fn~eiff Sworn and Subscribed to before me this of J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, Plaintiffs, v. DAVID J. STUPP and B & S TRANSPORTATION CO., INC., Defendants. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may e t ed' ainst you, ers, McDonnell, Hudock, Guthrie & Skeel, L.L.P, #14083 CIVIL DIVISION NO. 05-4713 Civil Term ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, Plaintiffs, CIVIL DIVISION NO. 05-4713 Civil Term v. (Jury Trial Demanded) DAVID J. STUPP and B & S TRANSPORTATION CO., INC., Defendants. ANSWER AND NEW MATTER AND NOW, come the Defendants, David J. Stupp and B & S Transportation Co., Inc., by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and file the following Answer and New Matter and in support thereof aver as follows: 1. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 13. Admitted in part, denied in part. It is admitted that a collision occurred between the Plaintiffs motorcycle and the vehicle operated by Defendant Stupp. It is further admitted that a collision occurred between the Redfoot motorcycle and the Betlock vehicle. The remainder of the allegations in paragraph 13 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Admitted. COUNT I JASON W. REDFOOT v. DAVID STUPP 15. In response to paragraph 15, the Defendant reiterates and repeats all his responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. Admitted. 17. Admitted in part, denied in part. It is admitted that Defendant Stupp was negligent in the operation of the motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 17 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 21. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 22. Paragraph 22 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 23. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 24. Paragraph 24 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 25. Paragraph 25 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 26. Paragraph 26 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time oftrial. 27. Paragraph 27 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 28, Paragraph 28 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 29. Paragraph 29 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, David J. Stupp and B & S Transportation Co., Inc., respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT II JASON W. REDFOOT v. B & S TRANSPORTA nON CO.. INC. 30. In response to paragraph 30, the Defendant reiterates and repeats all his responses in paragraphs 1 through 29 as if fully set forth at length herein. 31. Paragraph 31 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 32. Paragraph 32 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, David J. Stupp and B & S Transportation Co., Inc., respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT III KA TRINA M. REDFOOT v. DEFENDANTS 33. In response to paragraph 33, the Defendants reiterate and repeat all their responses in paragraphs 1 through 33 as if fully set forth at length herein. 34. Paragraph 34 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, David J. Stupp and B & S Transportation Co., Inc., respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 35. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and Defendants assert, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 36. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 37. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then Defendants set forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 38. Defendants plead any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendants, David J. Stupp and B & S Transportation Co., Inc., respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, .L.P. By: . auch, Esquire Counsel for Defendants VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: If) - ;J-03 ~' / , . / / .... - av;/gp~/ #14083 VERIFICATION I, Scott Schoffstall, verify that I am the owner of B & S Transportation Co., Inc., and hereby verify that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: !/}'-I/os- k&,~ Scott Schoffstall, Owner B & S Transportation f,.C\. #14083 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by .S. mail, postage pre-paid, this ~ day of ,2005. Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. , By: 0" 0 ,......,) C.J -" C " ::::l ~ ~~', . pfi;;g c:) -...-: =-~i~::9 I '0 . C) -. ...,., '-;'-1 ; .. ~"'~~ ;:'1"1 C..) -j :D -.J -< ..." ~~:) Clark DeVere, Esquire Attorney J.D. No. 68768 METZGER, WICKERSHAM, P.c. 3211 North Front Street, P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Jason W. Redfoot and Katrina M. Redfoot JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-4713 CIVIL TERM v. CIVIL ACTION - LAW DAVID J. STUPP and B & S TRANSPORTATION CO., INC., Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes Plaintiffs, Jason W. Redfoot and Katrina M. Redfoot, by and through their counsel, Metzger, Wickersham, Knauss & Erb, and hereby files this Reply to New Matter as follows: 35. Conclusions oflaw, no reply required. If a reply is required, the averments are denied pursuant to Pa.R.c.P. No. 1029(e). By way of further reply, the Defendants have failed to specify what sections ofthe Pennsylvania Motor Vehicle Financial Responsibility Law are applicable and therefore Plaintiffs cannot reply further. 340748-1 36. Conclusions oflaw, no reply required. If a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendants have failed to specify the section from the Pennsylvania Motor Vehicle Financial Responsibility Law or other collateral sources they are referring to and Plaintiffs cannot reply further. 37. Conclusions oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.c.P. No. 1029(e). By way of further reply, Plaintiff, Jason Redfoot, was operating a motorcycle at the time of the accident, which is not considered a private passenger motor vehicle under the Pennsylvania Motor Vehicle Financial Responsibility Law. Therefore, Plaintiff Jason Redfoot would be deemed full tort eligible to seek all recoverable damages. 38. Conclusion oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.c.P. No. 1029(e). By way of further reply, the accident occurred on September 16,2004, and Plaintiffs claims would be subject to the two-year statute of limitations. The limitation period does not expire until September 16, 2006. The Plaintiffs' Complaint was timely filed and served well before the expiration of the Statute of Limitations. 340748-1 WHEREFORE, Plaintiffs, Jason and Katrina Redfoot, demand that Defendants, David Stupp and B & S Transportation Company, lnc.'s New Matter be dismissed and judgment be entered in Plaintiffs' favor and against Defendants as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: C '2?-;~~/ Clark DeVere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: Novemberau, 2005 340748-1 VERIFICATION I, Jason W. Redfoot, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiffs' Reply to New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to New Matter is that of counsel and not my own. I have read the Plaintiffs' Reply to New Matter 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 content ofthe Plaintiffs' Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. Dated: U - /) - 0 S ~ 'tv ~pj-~ J~on W. Redfoot 340748-1 VERIFICATION I, Katrina M. Redfoot, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiffs' Reply to New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to New Matter is that of counsel and not my own. I have read the Plaintiffs' Reply to New Matter and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best ofrnyknowledge, information, and belief. To the extent that the content ofthe Plaintiffs' Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: I j- 17- ()S- . A/ / ,., ~Il'-' -p1. Katrina M. Redfoot ~ 340748-1 . CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Reply to New Malter to counsel for Defendants by first class mail, postage prepaid, this d12fday of AbI7"'ML>-<r , 2005, on the following: Defendants, David J. Stupp and B & S Transportation Co., Inc. c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, P A 17043 METZGER, WICKERSHAM, KNAUSS & ERB, P.c. '-~ <--0 Clark DeVere, Esquire 340748-1 C) (. -"". () " , ~T_ ,-1'\ r~,; C~~ , ' '0"" r...,") '- ... -- Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 METZGER, WICKERSHAM, P.c. 3211 North Front Street, P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 JASON W. REDFOOT and KATRINA M. REDFOOT, Individually and as Husband and Wife, Attorneys for Plaintiffs Jason W. Redfoot and Katrina M. Redfoot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-05-4713 CIVIL TERM v. CIVIL ACTION - LAW DAVID J. STUPP and B & S TRANSPORTATION CO., INC., Defendants JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above case settled and discontinued with prejudice. Dated: November ~006 367712-1 .. --- CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this d-O~y of November, 2006, upon the following: Defendant, B & S Transportation Co., Inc. c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, P A 17043 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~~~d~ Angela . Lentz ) 367712-1 f',,' -,-..J r".) .::