HomeMy WebLinkAbout05-5761RAYMOND G. CASTIGLIA IN THE COURT OF COMMON
Plaintiff PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
Defendants
NO. ns
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 Plaintiff. 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 MAY
BE 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
2 LIBERTY AVENUE
CARLISLE, PA 17013-3387
TELEPHONE NO. (717) 249-3166
EN LA CORTE DE ALEGATOS COMUN DEL CONDADO
DE CUMBERLAND, PENNSYLVANIA
DIVISION CIVIL
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias to
plazo al partir de la fecha de la demanda y la notification. Usted debe presenter
una apariencia escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defenses o sus objeciones a las demandas en contra de sus persona.
Sea avisado que si usted no se defiende, la corte tomatara medidas y puede entrar
una Orden contra usted sin previo aviso o notificacion y por 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 ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO A
GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013-3387
TELEPHONE NO. (717) 249-3166
RAYMOND G. CASTIGLIA,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
NO. CAS C _ t v c
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
140N 0 35.174 9
AND NOW, this 3rd day of November 2005, comes the Plaintiff, Raymond G.
Castiglia, by and through his counsel, DIVEGLIA 8a KAYLOR, P.C., who files the
following Complaint on his behalf and avers in support thereof as follows:
1. The Plaintiff, Raymond G. Castiglia, is an adult individual who resides at
480 Mount Airy Road, Lewisberry, Pennsylvania 17339.
2 The Defendant, Bridgewater Wholesalers Inc. t/b/a Summerville
Lumber Company, is a corporation with an address of 210 Industrial Parkway,
Branchburg, New Jersey 08876-8876
3. The Defendant, George Pierce, Jr., is an adult individual who resides at
6412 Carlisle Pike, Mechanicsburg, Pennsylvania 17055.
4. That on January 31, 2005, at approximately 2:00 p.m., Plaintiff was a
passenger in a motor vehicle driven by William Ibaugh, who was driving in a
westwardly direction on Church Street, Mechanicsburg, Pennsylvania,
approaching the intersection of Mulberry Drive.
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS
Plaintiff OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. C) - S"zC?r v C
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE CIVIL ACTION - LAW
LUMBER COMPANY
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 3rd day of November 2005, comes the Plaintiff, Raymond G.
Castiglia, by and through his counsel, DIVEGLIA & KAYLOR, P.C., who files the
following Complaint on his behalf and avers in support thereof as follows:
1. The Plaintiff, Raymond G. Castiglia, is an adult individual who resides at
480 Mount Airy Road, Lewisberry, Pennsylvania 17339.
2 The Defendant, Bridgewater Wholesalers Inc. t/b/a Summerville
Lumber Company, is a corporation with an address of 210 Industrial Parkway,
Branchburg, New Jersey 08876-8876
3. The Defendant, George Pierce, Jr., is an adult individual who resides at
6412 Carlisle Pike, Mechanicsburg, Pennsylvania 17055.
4. That on January 31, 2005, at approximately 2:00 p.m., Plaintiff was a
passenger in a motor vehicle driven by William Ibaugh, who was driving in a
westwardly direction on Church Street, Mechanicsburg, Pennsylvania,
approaching the intersection of Mulberry Drive.
5. About that time and place, the Defendant Pierce was operating a tractor
trailer owned by the Defendant Bridgewater Wholesalers, Inc. t/b/a Summerville
Lumber Company that was traveling north on Mulberry Drive, approaching the
intersection of Church Street, Mechanicsburg, Pennsylvania.
6. At the above said time and place, the Defendant Pierce, driving the
vehicle of Defendant Bridgewater Wholesalers, Inc., t/b/a Summerville Lumber
Company, failed to either observe and/or stop at the stop sign controlling the
above-mentioned intersection and drove into the path of travel of the vehicle
driven by William Ibaugh, causing a collision between the two vehicles, and
causing injury to the Plaintiff.
7. As a result of the above-described collision, Plaintiff incurred a fractured
nose and facial scaring, as well as sprained and strained injuries to his back.
8. As a result of the above-described injuries, Plaintiff incurred severe
pain, mental distress, and is continuing to incur embarrassment as it relates to
his scaring and fractured nose. Further, he is incurring some breathing
difficulties.
9. As a result of the above-described collision, with the resulting injuries,
Plaintiff will suffer permanent and unsightly scaring of his face.
10. The above-described collision and injuries to Plaintiff were the result of
the negligence of the Defendants.
COUNT I
RAYMOND G. CASTIGLIA V. GEORGE PIERCE
11. Paragraphs one (1) through ten (10) are incorporated herein and
made a part hereto.
12. The above-described injuries resulted from the negligence of
Defendant Pierce whose negligence consisted of the following:
a. He failed to properly stop at a posted stop sign and thereby
entered into the path of a vehicle in which Plaintiff was a
passenger.
b. He failed to yield the right-of-way to the vehicle in which Plaintiff
was a passenger.
c. He was inattentive and non observant as to the vehicle in which
Plaintiff was a passenger.
d. He failed to properly observe the traffic on a roadway upon which
he was driving.
WHEREFORE, Plaintiff demands judgment against the Defendant in excess
of $35,000.00, together with interest and costs.
COUNT II
RAYMOND G. CASTIGLIA V. BRIDGEWATER WHOLESALERS INC.
t/b/a SUMMERVILE LUMBER I" _ __.`Y
13. Paragraphs one (1) through twelve (12) are incorporated hereto and
made a part hereof.
14. Defendant is liable for the injuries and losses of Plaintiff as described
above by way of the Doctrine of Respondeat Superior.
15. Discovery may reveal the Defendant to be further negligent in that it
failed to properly train its driver in the proper operation of a motor vehicle.
WHEREFORE, Plaintiff demands judgment against the Defendant in excess
of $35,000.00, together with interest and costs.
Respectfully Submitted,
& 4YLOR,
Date: N - 2 -0 5-- By:
ArchieV. Diveglia, tsq
Attorney I.D. #17140
Two Lincoln Way West
New Oxford, PA 17350
(717) 624-2500
Attorney for Plaintiff
VERIFICATION
The foregoing COMPLAINT is based upon the information which has been
gathered by my counsel in the preparation of the lawsuit. I have read the
COMPLAINT and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content is that of counsel, I have
relied upon counsel in making this verification. This statement and verification
are made subject to the penalties of Pa. C.S. §4904 relating to unsworn
falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
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ORIGINAL.
RAYMOND G. CASTIGLIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants
ENTRY OF APPEARANCE
Kindly enter our appearance on behalf of Defendants, George Pierce and
Bridgewater Wholesalers Inc., Ud/b/a Somerville Lumber Company, in the above-
captioned.
NO. 05-5761
CIVIL ACTION - LAW
DEMANDED
Respectfully submitted,
McKissock & Hoffman, P.C.
By:
B. C i lacl , ._squi?e
At r ey I.D. # 36818
La ren M. Burnette, Esquire
Attorney I.D. # 92412
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date: v" • ??? Attorneys for Defendants, George Pierce
and Eridgewater %"Jholesalers Inc., t/b/a
Somerville Lumber Company
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Entry of Appearance upon
the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail, first-class postage prepaid, addressed as follows:
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Wav_ West
New Oxford, PA 17350
(Counsel for Plaintiff)
McKissock & Hoffman, P.C.
4,IV,?
At Of/ey I.D. # 36818
Lgffen M. Burnette, Esquire
Attorney I.D. # 92412
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., Ub/a
Somerville Lumber Company
ORIGINAL
RAYMOND G. CASTIGLIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., t/b/a SOMERVILLE CIVIL ACTION - LAW
LUMBER COMPANY,
Defendants I JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Raymond G. Castiglia
c/o Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
You are hereby notified to file a written response to the enclosed New
Matter pursuant to Pa.R.C.P. 1030 within 20 days from service hereof.
ANSWER AND NEW MATTER OF DEFENDANTS, GEORGE PIERCE AND
BRIDGEWATER WHOLESALERS INC., Ub/a SOMERVILLE LUMBER COMPANY
77 TO PLAINTIFF'S COMPLAINT
AND NOW this !i day of t tK -m l'?, 2005 comes the Defendants,
George Pierce and Bridgewater Wholesalers Inc. t/b/a Somerville Lumber Company, by
and through their attorneys, McKissock & Hoffman, P.C., and files the following Answer
and New Matter to Plaintiff's Complaint wherein the following is a statement:
1. Admitted.
2. Admitted. With the clarification that "Summerville" is correctly spelled
Somerville.
3. Admitted in part. Denied in part. The averments in paragraph 3 of
Plaintiff's Complaint are admitted with the modification that the current residential
address for Defendant, Pierce is 155 Salem Church Road, Lot 29, Mechanicsburg, PA
17050
4. Denied. After reasonable investigation Defendants are of insufficient
knowledge and information to form a belief as to the truth of the averments contained in
¶4 of Plaintiff's Complaint and said averments are therefore denied.
5. Admitted. It is admitted that on or about the January 31, 2005 at
approximately 2:00 p.m., Defendant Pierce was operating a tractor trailer in the scope
and course of employment for Bridgewater Wholesalers Inc. Ub/a Somerville Lumber
Company and that said tractor trailer was being operated in the northbound direction on
Mulberry Drive, approaching the intersection of Church Street in Mechanicsburg
Borough, Cumberland County, Pennsylvania.
6. Denied. To the contrary, the actions and/or inactions of William Ibaugh
when operating the vehicle at or near the intersection of Mulberry Drive and Church
Street in Mechanicsburg Borough, Cumberland County, Pennsylvania resulted in a
collision with the tractor trailer being operated by George Pierce, Jr. The remaining
averments in ¶6 of Plaintiff's Complaint are denied. After reasonable investigation,
Defendants are of insufficient knowledge and information to form a belief as to the truth
of said averments.
7-9. Denied. After reasonable investigation, Defendants are of insufficient
knowledge and information to form a belief as to the truth of said averments in ¶T7
through 9 of Plaintiff's Complaint.
10. The averments in ¶10 of Plaintiff's Complaint constitute a conclusion of
law to which no responsive pleading is required. To the extent that said averments are
factually specific and do not constitute a conclusion of law, same are denied in
accordance with Pa.R.C.P. 1029(e).
COUNTI
Raymond G. Castiglia v. George Pierce
11. Paragraphs 1 through 10 of the foregoing answer are hereby incorporated
as if more fully set forth at length.
12. The averments of ¶12 of Plaintiff's Complaint, including subparagraphs
(a) - (d), constitute conclusions of law to which no responsive pleading is required. To
the extent that said averments are factually specific and do not constitute conclusions of
law, same are denied in accordance with Pa.R.C.P. 1029(e). By way of further
response, Answering Defendants hereby incorporate by reference the averments in ¶6
of the foregoing Answer.
WHEREFORE, Defendants respectfully request that this Honorable Court enter
judgment in their favor and dismiss Plaintiff's Complaint with prejudice.
COUNT II
Raymond G. Castiglia v. Bridgewater Wholesalers Inc., t/b/a
Somerville Lumber Co.
13. Paragraphs 1 through 12 of the foregoing Answer are incorporated herein
by reference as if more fully set forth at length.
14. The averments in ¶14 of Plaintiff's Complaint constitute conclusions of
law to which no responsive pleading is required.
15. The averments in 115 of Plaintiff's Complaint constitute conclusions of
law to which no responsive pleading is required. To the extent that said averments are
factually specific and do not constitute conclusions of law, same are denied in
accordance with Pa.R.C.P.1029(e).
WHEREFORE, Defendants respectfully request that this Honorable Court enter
judgment in their favor and dismiss Plaintiff's Complaint with prejudice.
NEW MATTER
16. Paragraphs 1 through 15 of the foregoing Answer are incorporated herein
by reference as if more fully set forth at length.
17. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's claims are barred, in whole or in part, by the provisions of
Pennsylvania Motor Vehicle Responsibility Law.
18. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's injuries and losses, if any, were caused by persons or events outside
the control of the Defendants.
19. To the extent that facts developed during the course of discovery may
implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief
requested.
20. To the extent that facts developed during the course of discovery may
implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania
Comparative Negligence Act, 42 P.C.S.A. § 4102.
21. Plaintiff, Raymond G. Castiglia, was contributorily negligent and/or
assumed the risk of injury.
22. The negligent acts and/or omissions of other individuals or entities
constitutes an intervening or superseding cause of the injuries alleged to have been
sustained by the Plaintiff.
23. Plaintiffs' alleged injuries were caused by the acts and/or omissions of a
person or persons other than Defendants.
24. To the extent that facts developed during the course of discovery may
implicate, Plaintiff may have already entered into a Release with other individuals or
entities which has the effect of discharging any liability of the Defendants.
25. Plaintiff's injuries and/or damages are insufficient as a matter of law to
constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor
Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred
from any recovery of non-economic losses.
Respectfully submitted,
McKissock & Hoffman, P.C.
By:
7Li a , squir e I.D. # 36818
nglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date: ) 2 2 Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/b/a
Somerville Lumber Company
12/02/2005 06:41 FAX 7177667700 BRIDGEWATER WHOLESALERS 19002
VERIFICATION
I, George Pierce, hereby verify that the statements in Defendants' Answer and
New Matter are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unsworn falsification to authorities.
eorge Pie ce
Dated: /1?- /-05-
DEC-01-2006 THU 03:22 PM BWI FAX NO, 9085265450 P. 02
12/02/2003 Tau. 14:1a FAX 217 840 3454 ACKIS&O M 3. rrrtffevm. PG ?toosinao.
I, Paula Waters, hereby verHy that the statements in Deteadards' Answer and
New Matter are true and correct to the bast of my information, knowledge and belief, f
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unswom faisffl on to autfmilieS.
t
Ado/w s
Paula Waters t
VP of HA(Adn"stratibn
on behalf of Bridgewater
Wholesalers Inc, vb/a j
Somenn7te Lumber Company
i
Dated_
1
f
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Answer and New Matter
upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail, first-class postage prepaid, addressed as follows:
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Counsel for PlaintiM
William R. Ibaugh
411 Devon Road
Camp Hill, PA 17011
McKissock & Hoffman, P.C.
By: ?r
B. <, Esquire
ney I.D. # 3681
8
40 Linglestown n Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date: IZ 2- U"? Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/b/a
Somerville Lumber Company
-;
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ORIGINAL
RAYMOND G. CASTIGLIA,
Plaintiff
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants
V.
WILLIAM R. [BAUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5761
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
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
Plaintiff. 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 AFFORT TO HIRE A LAWYER, THIS OFFICE MAY BE 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
2 LIBERTY AVENUE
CARLISLE, PA 17013-3387
TELEPHONE NO. (717) 249-3166
EN LA CORTE DE ALEGATOS COMUN DEL CONDADO
DE CUMBERLAND, PENNSYLVANIA
DIVISION CIVIL
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de esias
demandas expuestas en las paginas siguientes, usted ticne vienie (2) dias to plazo al
partir de la fecha de la demanda la notification. Usted debe presenter una apariencia
escrila o en persona o por abogado y archivar en la corte en forma escrita sus defenses
o sus objeciones a las demandas en contra de sus persona. Se avisado que si usted nc
se defiende, la corte toinalara medidas y puede entrar una orden contra usted sin previo
aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes
pare usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO A
GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013-3387
TELEPHONE NO. (717) 249-3166
RAYMOND G. CASTIGLIA,
Plaintiff
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., Ud/b/a
SOMERVILLE LUMBER COMPANY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5761
CIVIL ACTION - LAW
V.
WILLIAM R. IBAUGH,
Additional
JURY TRIAL DEMANDED
Defendants, George Pierce and Bridgewater Wholesalers Inc., t/d/b/a Somerville
Lumber Company, hereby files its Joinder Complaint against Additional Defendant,
William R. Ibaugh, and in support thereof avers the following:
1. Plaintiff, Raymond G. Castiglia, instituted this action with the filing of a
Complaint in the Court of Common Pleas of Cumberland County on or about November
4, 2005. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit
„A„
2. Simultaneous with the filing of this Joinder Complaint, Defendants,
George Pierce and Bridgewater Wholesalers Inc., t/d/b/a Somerville Lumber Company,
are filing an Answer and New Matter to Plaintiff's Complaint wherein Defendants deny
any and all allegations of negligence and/or liability as alleged by the Plaintiff in his
Complaint. A true and correct copy of Defendants' Answer and New Matter is attached
hereto as Exhibit "B".
3. Additional Defendant, William R. Ibaugh, is an adult individual who
currently resides at 411 Devon Road, Camp Hill, Pennsylvania 17011.
4. For the purposes of this Joinder Complaint against Additional Defendant,
Defendants, George Pierce and Bridgewater Wholesalers Inc., t/d/b/a Somerville
Lumber Company, and without admission of any such averments, Defendants set forth
Plaintiff's factual averments as contained in his Complaint as follows:
5. Plaintiff, Raymond G. Castiglia, is an adult individual who currently
resides at 480 Mount Airy Road, Lewisberry, Pennsylvania 17339.
6. Defendant, Bridgewater Wholesales Inc., t/d/b/a Somerville Lumber
Company, is a corporation with an address of 210 Industrial Parkway, Branchburg, NJ
08876-8876.
7. Defendant, George Pierce, Jr., is an adult individual who currently resides
at 6412 Carlisle Pike, Mechanicsburg, Pennsylvania 17055.
8. On January 31, 2005 at approximately 2:00 p.m., Plaintiff was a
passenger in a motor vehicle being operated by Additional Defendant, William Ibaugh.
Additional Defendant was driving westward on Church Street in Mechanicsburg
Borough, Cumberland County, Pennsylvania approaching the intersection of Mulberry
Drive.
9. At or about the same time and place Defendant Pierce was operating a
tractor trailer which was owned and registered to Defendant Bridgewater Wholesalers
Inc. t/d/b/a Somerville Lumber Company. Said tractor trailer was traveling northbound
on Mulberry Drive approaching the intersection of Church Street in Mechanicsburg
Borough, Cumberland County, Pennsylvania.
10. At or about the same time and place Additional Defendant, William
Ibaugh, failed to observe that Defendant Pierce had entered the intersection with the
tractor trailer which he was operating and Additional Defendant operated his vehicle in
such a manner as to drive into the path of travel of the vehicle being operated by
Defendant Pierce causing a collision between the vehicles.
11. This accident occurred as the result of the negligence of Additional
Defendant and was due in no manner to any act or failure to act on the part of
Defendants.
12. The negligence of Additional Defendant consisted of the following:
A. Failing to operate and control his motor vehicle;
B. Failing to keep alert and maintain a proper look out for the
presence of other motor vehicles on the streets and highways;
C. Operating his vehicle in careless disregard for the safety of others
and violation of 75 Pennsylvania Consolidated Statute § 3714;
D. Operating his vehicle at an excessive rate of speed under the
circumstances.
13. As a result of the negligence of Additional Defendant, the Plaintiff suffered
serious and permanent injuries including, but not limited to, those alleged in ¶T 7 through
9 of the Plaintiff's Complaint.
COUNT I - NEGLIGENCE
Pierce and Bridgewater Wholesalers Inc., t/d/b/a Somerville Lumber Company
V.
William R. Ibaugh
14. Paragraphs 1 through 13 of Defendants' Joinder Complaint are
incorporated by reference as if more fully set forth herein at length.
15. Additional Defendant, William R. Ibaugh, owed a duty to Plaintiff to
operate his vehicle in a safe and non-negligent manner so as to avoid collision and
causing injury.
16. All loses, injuries and/or resulting damages sustained by the Plaintiff, the
same being expressly denied on behalf of Defendants, were caused by the
recklessness, carelessness and/or negligence of Additional Defendant, William R.
Ibaugh as follows:
A. William R. Ibaugh contributed to or caused the subject accident of
this litigation by failing to operate his vehicle with due regard to the
rights, safety and well being of the Plaintiff;
B. William R. Ibaugh contributed to or caused the subject accident of
this litigation by failing to maneuver his vehicle appropriately to
avoid striking the vehicle being operated by Defendant, George
Pierce, Jr.
C. William R. Ibaugh contributed to or caused the subject accident of
this litigation by failing to have his vehicle under proper and
adequate control so as to avoid an accident and avoid striking the
vehicle being operated by Defendant, George Pierce;
D. William R. Ibaugh contributed to or caused the subject accident of
this litigation by failing to keep an appropriate lookout and obey
the rules of the road, thereby causing the collision with the vehicle
being driven by Defendant, George Pierce;
E. William R. Ibaugh contributed to or caused the subject accident of
this litigation by failing to maintain proper control of his vehicle;
F. William R. Ibaugh contributed to or caused the subject accident of
this litigation by negligently operating his vehicle so as to lose
control and cause a collision with the vehicle being operated by
Defendant, George Pierce;
G. William R. Ibaugh contributed to or caused the subject accident of
this litigation by negligently operating his vehicle at an excessive
rate of speed under the circumstances and in violation of the
posted speed limits;
17. Additional Defendant, William R. Ibaugh, is solely, exclusively and/or
contributorily responsible for any alleged damages, the same be expressly denied, as
set forth in Plaintiff's Complaint, and no act or failure to act on behalf of Defendants,
George Pierce and/or Bridgewater Wholesalers Inc., t/d/b/a Somerville Lumber
Company, caused or contributed to the occurrence of damage or event alleged in
Plaintiff's Complaint.
WHEREFORE, Defendants, George Pierce and Bridgewater Wholesalers Inc.,
t/d/b/a Somerville Lumber Company, demands judgment in their favor and against the
Plaintiff, or in the alternative, demands that Additional Defendant, William R. Ibaugh, be
found solely liable to the Plaintiff, or jointly and separately liable with Defendants for
contribution and/or indemnity.
Respectfully submitted,
Date: C
McKissock & Hoffman, P.C.
At ,WV(ey I.D. # 36818
24W Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/d/b/a
Somerville Lumber Company
EXHIBIT "A"
11/11/2005 09:09 FAX 908 525 5013 BRIDGEWATER WEDLESALB U003/009
RAYMOND G. CASTIOLIA
V.
GEORGE PIERCE and
Plaintiff
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
No..L?S - S7io f rvola ??"1
CIVIL ACTION - LAW
JURY TRIAL DEMANDRD
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?Y
NOTICE TO DEFEND
YOU HAVE BEEN SUET) 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 ao the case may proceed without you and ajudgment 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 Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW_ THIS OFFICE CAN PROVIDEYOU WITH INFORMATION ABOUTHIRING
A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FE&
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE; PA 17013-3387 TRUE COPY FROM AECOF
TELEPHONE NO. (717) 249-3160- Tas;'rt Ai9y whaW, 1 here tonic .at My
ll )1 x-" Fw 3" of said CmM at Cams. N
11/11/2005 09:04 FAX 908 528 5015 BRIDGEWATER WHOLESALE X1004/009
EN LA CORTE DO ALEGATOS COMUN DEL CONDADO
DE CUMBERLAND, PENNSYLVANIA
DIVISION CIVIL
NO TICI?
Le hen demandado a usted en Is torte. Si usted quiere defendrrse do Galas
demandas expuestes en Ias paginas siguientes, usted ticne Viente (20) diaa to
plaao al partir de Ia fecha de Ia demanday la notMcation. Usted debe presenter
una apariencis escril,Ro en persona o por abofnclo,y archivar en la torte en forma
escrita sus defenses o sus objeciones a tas demandas en contra de sus persona.
Sea avisado que si usted no se deriende, la torte tottimara medidas y pumie cn l.rar
una Orden contra usted sin previo aviso o notification y por cualquier quC.ja o
ativio que es pedido en la petition de demanda. Usted puedc perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN A130DAGO 1NMEDIATAMENTE. SI NO
TIENE ABOGADO O $I NO TIENE EL DINERO SUFICIENTE DE PACER TAL
SERVICIO, VAXA EN PERSONA U LLAME POR TELEFONU A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABA,JO PARA AVERIGUAR DONDG SF
PUEDE CONSEGUIR ASIS'rENCIA LEGAL.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRF,CER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN MONORARIO REDUCIDO A
GRATIS.
CUMBERLAND COUN'rY RAR ASSOCIATION
2 LIBERTY AVraNUE
CARLISLE, PA 17011.11387
TELEIll]ONE NO. (717) 219-3160
11/11/2005 09:03 FA% 908 526 5013 BRIDGEWATER WHOLESALE U003/009
RAYMOND G. CASTIGLIA
V.
GEORGE PIERCE and
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. ,laS=.7? f ?? i'1
G
CIVIL ACTION - LAW 7R,
JURY TRIAL DEMANDED r rr
?v
I
V
a
.e
t
BRIDGEWATER WHOLESALERS
INC-, t/b/a SUMMERVILLE
LUMI3ER COMPANY _
Defendants
-n
w
P
w
0
is
z?
0
NOTICE TO DEFEND
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
personalty or by attorney and riling in writing with the Court your defenses or
objections Lo the claims set forth against you. You are warned that if you fail to
do so the case mey 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 Plaintiff. You finny lose muncy 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 PROVIDEYOU WITH INFORMATION ABOUT HIRING
A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OTTER LEGAL SERVICE'S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
Frr.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE; PA 17013-3387 TWE COPY FROM RECOF
1 J TELEPHONE NO_ (717) 249-316dP-1z. : wywhe`re0, itwo usrla`.s-etEtmyy
lUL ? of said Cwrt at carlists r!
Prathu's? y
11/11/2005 09:04 FAX 008 528 5013 BRIDGEWATER WROLESALE 10 004/009
EN LA C()RTE D9 ALEGA'TOS COMUN DEL CONDADO
DE CUMBERLAND, PENNSYLVANIA
DIVISION CIVIL
NO'TICIA
Le han demandado a usted en la carte. Si usled quiere clefenckrse do rains
dernandas expuestas en la- paginas siguientes, usted time viente (20) dicta to
plaao al partir de la lecha de la demanda y la notification. Usted debe presenter
una apadoncia cscrilR o en persona o por abogncloy archivar en la torte en forma
escrita sus defenses o sus objeciones a [as demandas en contra do sus persona.
Sea avisado que sJ usted no se defiende, la torte tomatara mcdidas y pumle cn Irar
una orden contra usted sin previo aviso o notification y por cualquier quC-'R o
alivio que es pedido en la petition de demanda. Usted puede perder clinero o sus
propiedades o otros derechos importentes pars usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDJATAMENTI . SI NO
TIENE ABOGADO O SI NO TIENF EL DINERO SUFICIENTE DE PAGER TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TFLEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSFGUIR ASiSTENCIA LEGAL.
ST USTED NO PUEDE PAGARLE A UN ABOC=ADO, ESTA OFICINA PUEDII
PROVEERE INFORMACION ACFRCA AGENCIAS QUF PUEDAN OFRF,CER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO A
GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE:
CARLISLE, PA 17013-3387
TFLEI'IIONE NO. (717) 219-3166
11/11/2005 09:04 FAX 908 520 5018 BRIDGEWATER WHOLESALE 16005/009
RAYMOND G. CASTIGLIA,
Plaintiff
V.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
IN THE COURT OF COMMON PLEAS
OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
NO. l7s J?7 lP I Gl v(G ??
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 3rd day of November 2005, comes the Plaintiff, Raymond G.
Castiglia, by and through his counsel, DIVEGLIA & KAYLOR, P.C., who !ales the
following Complaint on his behalf and avers in support thereof as follows:
1. The Plaintiff, Raymond G. Castiglia, is an adult individual who resides at
480 Mount Airy Road, Lewisberry, Pennsylvania 17339-
2 The Defendant, Bridgewater Wholesalers Inc. t/b/a Summerville
Lumber Company, is a corporation with an address of 210 Industrial Parkway,
Branchburg, New Jersey 08876-8876
3. The Defendant, George Pierce, Jr., is an adult individual who resides at
6412 Carlisle Pike, Mechanicsburg, Pennsylvania 17055.
4. That on January 31, 2005, at approximately 2:00 p.m., Plaintiff was a
passenger in a motor vehicle driven by William Ibaugh, who was driving in a
westwardly direction on Church Street, Mechanicsburg, Pennsylvania,
approaching the intersection of Mulberry Drive.
11/11/2005 09:04 FAX 908 526 5013 BRIDGEWATRR WHOLESALE 4006/009
5. About that time and place, the Defendant Pierce was operating a tractor
trailer owned by the Defendant Bridgewater Wholesalers, Inc. t/b/a Summerville
Lumber Company that was traveling north on Mulberry Drive, approaching the
intersection of Church Street, Mechanicsburg, Pennsylvania.
5. At the above said time and place, the Defendant Pierce, driving the
vehicle of Defendant Bridgewater Wholesalers, Inc., t/b/a Summerville Lumber
Company, failed to either observe and/or stop at the stop sign controlling the
above-mentioned intersection and drove into the path of travel of the vehicle
driven by William Ibaugh, causing a collision between the two vehicles, and
causing injury to the Plaintiff.
7. As a result of the above-described collision, Plaintiff incurred a fractured
nose and facial searing, as well as sprained and strained injuries to his back.
S. As a result of the above-described injuries, Plaintiff incurred severe
pain, mental distress, and is continuing to incur embarrassment as it relates to
his scaring and fractured nose. Further, he is incurring some breathing
difficulties.
9. As a result of the above-described collision, with the resulting injuries,
Plaintiff will suffer permanent and unsightly scaring of his face,
10, The above-described collision and injuries to Plaintiff were the result of
the negligence of the Defendants.
11/11/2005 09:05 FAX 908 526 5019 BRIDGEWATER WHOLESALE 14007/009
COUNTI
RAYMOND G. CASTIGLIA V. GEORGE PIERCE
11. Paragraphs one (1) through ten (10) are incorporated herein and
made a part hereto.
12_ The above-described injuries resulted from the negligence of
Defendant Pierce whose negligence consisted of the following:
a. He failed to properly stop at a posted stop sign and thereby
entered into the path of a vehicle in which Plaintiff was a
passenger.
b. He failed to yield the right-of-way to the vehicle in which Plaintiff
was a passenger.
c. He was inattentive and non observant as to the vehicle in which
Plaintiff was a passenger.
d. He failed to properly observe the traffic on a roadway upon which
he was driving.
WHEREFORE, Plaintiff demands judgment against the Defendant in excess
of $35,000.00, together with interest and costs.
11/11/2005 09:05 PAZ 908 528 5013 BRIDGEWATER WHOLESALE U008/009
COUNT II
RAYMOND G. CASTIGLIA V. 13RIDGEWATER WHOLESALERS INC.
t/b/a SUMMEIMLE LUMBER COMPANY
13. Paragraphs one (1) through twelve (12) are incorporated hereto and
made a part hereof.
14. Defendant is liable for the injuries and losses of Plaintiff as described
above by way of the Doctrine of Respondeat Superior.
15. Discovery may reveal the Defendant to be further negligent in that it
failed to properly train its driver in the proper operation of a motor vehicle.
WHEREFORE, Plaintiff demands judgment against the Defendant in excess
of $35,000.00, together with interest and costs.
Submitted,
Sv
Date;By,
Archie t/. Diveglia, Esq
Attorney I.D. #17140
Two Lincoln Way West
New Oxford, PA 17,350
(717) 624-2500
Attorney for Plaintiff
11/11/2005 09:05 FAI 908 526 5013 BRIDGEWATER WHOLESALE 10009/009
VERIFICATION
The foregoing COMPLAINT is based upon the information which has been
gathered by my counsel in the preparation of the lawsuit. I have read the
COMPLAINT and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content is that of counsel, I have
relied upon counsel in making this verification. This statement and verification
are made subject to the penalties of Pa. C.S. §4404 relating to unsworn
falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
L
!f -L-ot'-
Date Ray nd G. tiglia
003
t
VERIFICATION
I, George Pierce, hereby verify that the statements in Defendants' Joinder
Complaint are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unsworn falsification to authorities.
George Pierce
Dated: /;?- / Gf
I _DEC-001-2005 THU 03;22 PM BWI FAX NO. 9085265450 P. 03
12/01/2083, TYU 12:13. s&1 717 540 3.45 XcKiseok.'k. & Haffuvm, PC, ftl.aaVaas
VERfRCATit)N
1, Pauta Watem twehy Vedfy that 1118 statemmnts in Deferdan& Joinder
Complaint are true and correct to the best of my Information, knowledge and belief. 1
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unworn falsification to authorities.
W
waters
VP of iiR/Administration
on behalf of Bridgewater
wholesalers Inc., vdwa
Somerville Lumber Company
Gated: ILL-6-6-
CERTIFICATE OF SERVICE
1 hereby certify that I am this day serving a copy of the Joinder Complaint upon
the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure:, by depositing a copy of
same in the United States Mail, first-class postage prepaid, addressed as follows:
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Counsel for Plaintiff)
William R. Ibaugh
411 Devon Road
Camp Hill, PA 17011
(Service by Sheriff)
McKissock & Hoffman, P.C.
Date: I2 2 OS
By. s c-9L??'?9?'
Att y I . D. # 36818
2 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., Ud/b/a
Somerville Lumber Company
,>
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ORIGINAL
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., Ub/a SOMERVILLE CIVIL ACTION --LAW
LUMBER COMPANY,
Defendants
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please substitute the attached Verifications for the Verifications of George Pierce
and Paula Waters, VP of HR/Administration on behalf of Bridgewater Wholesalers, Inc.,
t/b/a Somerville Lumber Company, attached to the JOINDER COMPLAINT OF
DEFENDANTS. GEORGE PIERCE AND BRIDGEWATER WHOLESALERS INC..
t/d/b/a SOMERVILLE LUMBER COMPANY. AGAINST ADDITIONAL DEFENDANT.
WILLIAM R. IBAUGH, PURSUANT TO PA.R.C.P. filed in the above captioned matter
on or about December 2, 2005.
Respectfully submitted,
McKissock & Hoffman, P.C.
I.D. # 36818
?Iestown Road
Date: 14 tP 0?-
SLMe 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/b/a
Somerville Lumber Company
VERIFICATION
I, George Pierce, hereby verify that the statements in Defendants' Joinder
Complaint are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unsworn falsification to authorities.
George Pierce
Dated: /;?-1 - '?-
12/01 '2a')5 THU 12:13 FAA 717 540 34,14 9CRlsso k & Hnffmzm, PC
VERIFICATION
I, Paula "haters, hereby verity that the statements in Defendants' Joinder
Complaint are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unswom falsification to authorities.
Q
Poe Waters
VP of HR(Admitistration
on behalf of Bridgewater
Wholesalers Inc., tfdWa
Somerville Lumber Compa ry
rj2 003.'0.05
Dated: 12.1`0S
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Praecipe upon
the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail, first-class postage prepaid, addressed as follows:
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Counsel for Plain-M
William R. Ibaugh
411 Devon Road
Camp Hill, PA 17011
Date: 440
EI
By:
McKissock & Hoffman, P.C.
3ferL7"c( Esquire
I. D. # 36818
1lestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., Ub/a
Somerville Lumber Company
ORIGINAL
RAYMOND G. CASTIGLIA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., t/b/a SOMERVILLE
LUMBER COMPANY,
NO. 05-5761
CIVIL ACTION - LAW
JURY TRIAL DEMA
V?RAcGIPE
TO THE PROTHONOTARY:
Please substitute the attached Verifications for the Verifications of George Pierce
and Paula Waters, VP of HR/Administration on behalf of Bridgewater Wholesalers, Inc.,
Ub/a Somerville Lumber Company, attached to the Answer And New Matter To Plaintiff's
Complaint filed in the above captioned matter on or about December 2, 2005.
Respectfully submitted,
McKissock & Hoffman, P.C.
0or i y I.D. # 36818
Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date: / °2 o Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., Ub/a
Somerville Lumber Company
VERIFICATION
I, George Pierce, hereby verify that the statements in Defendants' Answer and
New Matter are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unsworn falsification to authorities.
eorge Pie ce
Dated: /,?- /-US
LZ701,2005 THU 12:13 FAX 717 541) 3434 ffCKIssark * Roffman, PC
I, Paula Waters, hereby verify that the statements En Defendants' Answer and
New Matter are true and correct to the best of my information, fa? and belief. I
understand that the statements are made stMect to the penaltles of PA.C.S. Section
4904, relating to the unswom fafstiication to authwi6es.
Paula Waters
VP of HR/Administration
on behalf of Bridgewater
Wholesalers Inc., We
Somerme Lumber Company
r.? no5.:oos
Dated: 12'1'Q,6--
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Praecipe upon
the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail, first-class postage prepaid, addressed as follows:
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford. PA 17350
(Counsel for Plaintiff)
William R. Ibaugh
411 Devon Road
Camp Hill, PA 17011
McKissock & Hoffman, P.C.
By:
I.D. # 36818
glestown Road
Date: /9c0
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/b/a
Somerville Lumber Company
,, ??
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?::
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS
Plaintiff OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 05-5761
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE CIVIL ACTION - LAW
LUMBER COMPANY
JURY TRIAL DEMANDED
REPLY TO NEW MATTER OF DEFENDANTS,
GEORGE PIERCE AND BRIDGEWATER WHOLESALERS, INC.,
t/b/a SOMERVILLE LUMBER COMPANY
AND NOW, this S, (A day of December 2005, comes the Plaintiff, Raymond
G. Castiglia, by and through his counsel, DIVEGLIA & KAYLOR, P.C., who files
the following Reply to New Matter of the Defendants as follows:
16 - 25. Denied. The allegations of Paragraphs 16-25 are denied as
conclusions of law to which no further response is required.
Respectfully Submitted,
DIVEGLIA 8v KAYLOR, P.C.
Date: By: ? Y
Arc 'e V. Divegli ,
Attorney I.D. #171
Two Lincoln Way
New Oxford, PA 1 i
(717) 624-2500
Attorney,for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 6th day of December 2005, I, Eve Jemison, for DIVEGLIA
& KAYLOR, P.C., hereby certify that a copy of the foregoing PLAINTIFF'S
REPLY TO NEW MATTER was served by first class mail, postage pre-paid and
addressed to the following:
George Pierce
c/o B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
DIVEGLIA & KAYLOR, P.C.
Eve mi o
Legal Se?ereta for Diveglia & Kaylor, P.C.
SHERIFF'S RETURN - NOT FOUNT)
CASE NO: 2005-05761 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASTIGLIA RAYMOND G
VS
PIERCE GEORGE
Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
PIERCE GEORGE but was
unable to locate Him in his bailiwick
COMPLAINT & NOTICE
He therefore returns the
NOT FOUND , as to
the within named DEFENDANT , PIERCE GEORGE
6412 CARLISLE PIKE LOT 107
MECHANICSBURG, PA 17055
PER NEIGHBORS, DEFENDANT MOVED TO SIX LINKS MHP IN MECHANICSBURG.
PER POST OFFICE, MAIL IS DELIVERED TO GIVEN ADDRESS.
Sheriff's Costs: So answers: _
Docketing 18,00
f ,
Service 9.60 LL-
Not Found 5.00 R. Thomas??<line
Surcharge 10.00 Sheriff of Cumberland County
.00
42.60 DIVEGLIA & KAYLOR
12/05/2005
Sworn and subscribed to before me
this ?j- day of Aficz.L-
a? ?D5
Prot onotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff,
NO. 05-5761
V.
PRAECIPE FOR APPEARANCE
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS, INC., t/d/b/a (Jury Trial Demanded)
SOMERVILLE LUMBER COMPANY,
Defendants,
V. Filed on Behalf of the
Additional Defendant, William R. Ibaugh
WILLIAM R. IBAUGH,
Additional Defendant. 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
#14335
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff,
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER (Jury Trial Demanded)
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBAR COMPANY,
Defendants,
V.
WILLIAM R. IBAUGH,
Additional Defendant.
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
Additional Defendant, William R. Ibaugh, in the above case.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & $KEEL, L.L.P.
By:
even 13. auc , Esquire
unsel for Additional Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE
FOR APPEARANCE has been mailed by U.S. it to counsel of record via first class
mail, postage pre-paid, this /X of 12006.
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Attorney for Plaintiff)
B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
(Attorney for Defendants)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: ----
KeL in U .'Rauch, Esquire
Counsel for Additional Defendant
-
,,
:_
?.,.?
.,
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05761 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CASTIGLIA RAYMOND G
VS
PIERCE GEORGE ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT JOINING ADDL
WILLIAM R
the
ADD'TL DEFEND. , at 1811:00 HOURS, on the 3rd day of January , 2006
at 3922 SILVERBROOK DRIVE
ICSBURG, PA 17055 by handing to
REBECCA NEWCOMER, MOTHER
a true and attested copy of COMPLAINT JOINING ADDL together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 22.88
Affidavit .00
Surcharge 10.00
.00
50.88
Sworn and Subscribed to before
I r,
me this 10 day of
A.D.
ono ry
So Answers
. 'I
R. Thomas Kline
01/06/2006
MCKISSOCK & HOFFMAN
By: Deputy Sheriff
was served upon
Y
IN THE COURT OF COMMON PLEAS OFCUMBERLAND, PENNSYLVANIA
Summers, McDonnell, Hudock, Guthrie &
Skeel, L.L.P.
Firm No. 911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
RAYMOND G. CASTIGLIA,
Plaintiff,
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS, INC., Ud/b/a
SOMERVILLE LUMBER COMPANY,
Defendants,
V.
WILLIAM R. IBAUGH,
Additional Defendant.
CIVIL ACTION - LAW
NO.: 05-5761
ADDITIONAL DEFENDANT, WILLIAM R.
IBAUGH, ANSWER, NEW MATTER AND
NEW MATTER PURSUANT TO Pa.R.C.P.
2252(d)
(JURY TRIAL DEMANDED)
Filed on Behalf of Additional Defendant
William R. Ibaugh
NOTICE TO PLEAD
TO: Plaintiff and Defendants
Counsel for This Party:
You are hereby notified to file a written response
to the enclo d Answer, New Matter and New Kevin D. Rauch, Esquire
Matter pur ant to Pa.R.C.P. 2252(d) within Pa. I.D. No. 83058
twenty (2 dsotervice hereof or a
u t b e red against you.
(717) 901-5916
#14335
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL ACTION - LAW
Plaintiff,
NO.: 05-5761
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants,
V.
WILLIAM R. IBAUGH,
Additional Defendant.
ADDITIONAL DEFENDANT. WILLIAM R. IBAUGH. ANSWER. NEW
MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d)
AND NOW, comes Additional Defendant, William R. Ibaugh, by and through his
counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch,
Esquire, and hereby submits the foregoing Answer, New Matter and New Matter
Pursuant to Pa.R.C.P. 2252(d) and in support thereof avers as follows:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. After reasonable investigation, the Defendant has 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.
6. After reasonable investigation, the Defendant has 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.
7. After reasonable investigation, the Defendant has 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.
8. Admitted.
9. Admitted.
10. Admitted in part, denied in part. It is admitted that Additional Defendant,
William R. Ibaugh, was operating his vehicle when a collision occurred between the two
vehicles on the date, time, and place identified. The remainder of the allegations in
Paragraph 10 are denied generally pursuant to Pennsylvania Rule of Civil Procedure
1029(d) and (e). Strict proof thereof is demanded at the time of trial.
11. Paragraph 11 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 Pennsylvania Rule of Civil Procedure 1029(d) and (e).
Strict proof thereof is demanded at the time of trial.
12. Paragraph 12 and all of its subparts, state a legal conclusion to which no
response is required. To the extent, however, that a response is deemed necessary,
I
said averments are denied generally pursuant to Pennsylvania Rule of Civil Procedure
1029(d) and (e). Strict proof thereof is demanded at the time of trial.
13. Paragraph 13 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 Pennsylvania Rule of Civil Procedure 1029(d) and (e).
Strict proof thereof is demanded at the time of trial.
COUNTI
NEGLIGENCE
14. In response to Paragraph 14, the Additional Defendant reiterates and
repeats all of his responses in Paragraphs 1 through 13 as if fully set forth at length
herein.
15. Admitted in part, denied in part. It is admitted that the Additional
Defendant, William Ibaugh, owed a duty of reasonable care to the Plaintiff. The
remaining averments in Paragraph 15 are 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 Pennsylvania Rule of Civil Procedure 1029(d) and (e).
Strict proof thereof is demanded at the time of trial.
16. Paragraph 16 and all of its subparts, state 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 Pennsylvania Rule of Civil Procedure
1029(d) and (e). Strict proof thereof is demanded at the time of trial.
17. Paragraph 17 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 Pennsylvania Rule of Civil Procedure 1029(d) and (e).
Strict proof thereof is demanded at the time of trial.
WHEREFORE, Additional Defendant, William R. Ibaugh demands judgment in
his favor and against all other parties.
NEW MATTER
18. The motor vehicle accident in controversy is subject to the Pennsylvania
Motor Vehicle Financial Responsibility law and this Additional Defendant asserts, as
affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said
statute.
19. 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.
20. To the extent that the Plaintiff has selected the limited tort option or is
deemed to have selected the limited tort option then this Additional Defendant sets forth
the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as
a bar to the Plaintiffs ability to recover non-economic damages.
21. This Additional Defendant pleads any and all applicable statutes of limitation
under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this
action.
22. If Plaintiff sustained any damages as a result of his Complaint, which is
denied, then Plaintiffs claims are barred and must be reduced or diminished by his
contributory/comparative negligence and the same is hereby pleaded as an affirmative
defense.
23. If the Plaintiff is entitled to recover for injuries and/or damages as set forth in
his Complaint, the same not being admitted, it is averred that Defendants George Pierce
and Bridgewater Wholesalers, Inc., t/d/b/a Somerville Lumber Company are solely liable to
the Plaintiff.
WHEREFORE, Additional Defendant, William R. Ibaugh, demands judgment in
his favor and against all other parties.
24. Paragraphs 1 through 23 are herein incorporated by reference.
25. If the Plaintiff is entitled to recover for injuries and/or damages as set forth
in his Complaint, the same not being admitted, it is averred that Defendants George
Pierce and Bridgewater Wholesalers, Inc., t/d/b/a Somerville Lumber Company are
solely liable to the Plaintiff.
26. In the alternative, if Plaintiff is entitled to recover for injuries and/or
damages as alleged in his Complaint, the same not being admitted, then Defendants
George Pierce and Bridgewater Wholesalers, Inc., t/d/b/a Somerville Lumber Company
are liable for contribution and/or indemnity to Additional Defendant Ibaugh for a
judgment in any amount against Additional Defendant Ibaugh.
WHEREFORE, Additional Defendant William R. Ibaugh demands judgment in his
favor and against all other parties. Specifically, Additional Defendant, William R.
Ibaugh, demands judgment in his favor against all Defendants solely and/or for
contribution and/or indemnity.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
K vin . Rauch, Esquire
Counsel for Additional Defendant,
William R. Ibaugh
VERIFICATION
Additional Defendant verifies that he is the Additional Defendant in the foregoing
action; that the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT
TO RULE 2252(d) 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, NEW MATTER, AND NEW MATTER PURSUANT TO RULE
2252(d) is that of counsel and not of the Additional Defendant. Additional Defendant has
read the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d)
and to the extent that the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT
TO RULE 2252(d) 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, NEW MATTER, AND NEW MATTER PURSUANT TO RULE
2252(d) is that of counsel, he has relied upon counsel in making this Affidavit. Additional
Defendant understands that false statements herein are made subject to the penalties of
18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date:
A //, Ilia
William R. augh
#14335
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Answer, New
Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) was mailed this/71ay of
2006, via ordinary U.S. mail, postage pre-paid, upon the below
listed counsel:
Archie V. Diveglia, Esquire
Divelgia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Attorney for Plaintiff)
B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
(Attorneys for Defendants)
SUMMERS McDONNELL, HUDOCK,
GUTHRIEZB L, U.P.
By:
evin D. Rauch, Esquire
Counsel for Additional Defendant,
William R. Ibaugh
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r? ? -?,.
"?
-.
ins
? '?
?, ,
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS
Plaintiff OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS NO. 05-5761 Civil Term
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
Defendants
CIVIL ACTION - LAW
V.
WILLIAM R. IBAUGH,
Additional Defendant JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
OF DEFENDANT, WILLIAM R. IBAUGH
AND NOW, this 23`d day of February 2006, comes the Plaintiff, Raymond G.
Castiglia, by and through his counsel, DIVEGLIA & KAYLOR, P.C., who files the
following Reply to New Matter of Defendant, William R. Ibaugh, as follows:
18 - 23. Denied. The allegations set forth in these paragraphs are
denied as conclusions of law to which no further response is
required.
Respectfully Submitted,
DIVEGLIA & KAYLOR, P
Date: -?3 06 By:
Archie V. Diveglia, Esp
Attorney I.D. #17140
Two Lincoln Way West
New Oxford, PA 17350
(717) 624-2500
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 23' day of February 2006, I, Eve Jemison, for DIVEGLIA
& KAYLOR, P.C., hereby certify that a copy of the foregoing PLAINTIFF'S
REPLY TO NEW MATTER OF DEFENDANT WILLIAM R. IBAUGH was served
by first class mail, postage pre-paid and addressed to the following:
George Pierce
c/o B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
William R. Ibaugh
c/o Kevin Rauch, Esquire and
Jason Wrona, Esquire
Summers, McDonnell, Hudock,
Guthrie & Skeel, LLP
1017 Mumma Road
Lemoyne, PA 17043
DIVEGLIA & KAYLOR, P.C.
Eve i o
Legal S ret ry for Diveglia & Kaylor, P.C.
- ??
?, ,i-.
c.}
RAYMOND G. CASTIGLL9, IN THE COURT
Plaintiff OF COMMON PLEAS
OF THE CUMBERLAND COUNTY,
0. PENNSYLVANIA
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE NO. 05-5761 Civil Term
LUMBER COMPANY
Defendants
V. CIVIL ACTION - LAW
WILLIAM R. IBAUGH,
Additional Defendant
• JURY TRIAL DEMANDED
MOTION UNDER PA. R.C.P. 234.2 d FOR ISSUANCE OF OR
TO WARDEN OF CUMBERLAND COUNTY PRISON TO RELE.
WITNESS TO TESTIFY
AND NOW, this day of March 2006 comes the Plaintiff by his attorney,
Archie Diveglia pursuant to Pa. R.C.P. 234.2(d) and in support thereof avers as
follows:
I • This Motion is filed by and through Plaintiff's counsel, Archie Diveglia.
2. The above captioned matter involved a motor vehicle collision with one
of the defendants being William Ibaugh.
3. The Additional Defendant, William R. Ibaugh, was incarcerated at
Cumberland County Prison on February 7, 2006, for criminal conspiracy and
burglary and remains there. He is eligible for work release.
4. Mr. Ibaugh is a primary witness in this claim and his testimony is
needed to resolve a liability issue. His deposition that is scheduled on March 27,
2006.
5. Pursuant to Pa. R.C.P. 234.2(d), Plaintiff requests this Honorable Court
to issue an Order directing the Warden of Cumberland County Prison, Earl F. Reitz,
to release William R. Ibaugh to either the Sheriff of Cumberland County or any
Constable of Cumberland County for transportation to Cumberland County
Courthouse, Jury Assembly Room, 4t' floor, on March 27, 2006, beginning at 10:00
a.m. and to return him to Cumberland County Prison subsequent to his testimony
which is not expected to last more than two hours.
6. At all times of the deposition, the Sheriff would remain with the
defendant Ibaugh.
WHEREFORE, Plaintiff requests this Honorable Court to issue an Order
pursuant to Pa. R.C.P. 234.2(d).
Respectfully Submitted,
DIVEGLIA & KAYLOR, P.C.
Date: 3-a -d
By:
Archie V. Diveglia, Esc
Attorney I.D. #17140
Two Lincoln Way West
New Oxford, PA 17350
(717) 624-2500
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 2ad day of March 2006, I, hereby certify that a copy of the
foregoing MOTION UNDER PA. R.C.P. 234.2(d) FOR ISSUANCE OF
ORDER TO WARDEN OF CUMBERLAND COUNTY PRISON TO RELEASE
WITNESS TO TESTIFY was served by first class mail, postage pre-paid and
addressed to the following:
George Pierce
C/o B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
William R. Ibaugh
c/o Kevin Rauch, Esquire and
Jason Wrona, Esquire
Summers, McDonnell, Hudock,
Guthrie & Skeel, LLP
1017 Mumma Road
Lemoyne, PA 17043
.C.
By:
Archie V. Diveglii
Attorney I.D. #17
Two Lincoln Way
New Oxford, PA 1
(717) 624-2500
Attorney for Plaintiff
( '?
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS
Plaintiff OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE NO. 05-5761 Civil Term
LUMBER COMPANY
Defendants
V. CIVIL ACTION - LAW
WILLIAM R. IBAUGH,
Additional Defendant JURY TRIAL DEMANDED
MOTION UNDER PA. R.C.P. 234.2 d FO
TO R ISSUANCE OF OP
WARDEN OF CUMBERLAND COUNTY PRISON TO RELE
WITNESS TO TESTIFY
AND NOW, this day of March 2006 comes the Plaintiff by his attorney,
Archie Diveglia pursuant to Pa. R.C.P. 234.2(d) and in support thereof avers as
follows:
I • This Motion is filed by and through Plaintiff's counsel, Archie Diveglia.
2. The above captioned matter involved a motor vehicle collision with one
of the defendants being William Ibaugh.
3. The Additional Defendant, William R. Ibaugh, was incarcerated at
Cumberland County Prison on February 7, 2006, for criminal conspiracy and
burglary and remains there. He is eligible for work release.
4. Mr. Ibaugh is a primary witness in this claim and his testimony is
needed to resolve a liability issue. His deposition that is scheduled on March 27,
2006.
5. Pursuant to Pa. R.C.P. 234.2(d), Plaintiff requests this Honorable Court
to issue an Order directing the Warden of Cumberland County Prison, Earl F. Reitz,
to release William R. Ibaugh to either the Sheriff of Cumberland County or any
Constable of Cumberland County for transportation to Cumberland County
Courthouse, Jury Assembly Room, 4th floor, on March 27, 2006, beginning at 10:00
a.m. and to return him to Cumberland County Prison subsequent to his testimony
which is not expected to last more than two hours.
6. At all times of the deposition, the Sheriff would remain with the
defendant Ibaugh.
WHEREFORE, Plaintiff requests this Honorable Court to issue an Order
pursuant to Pa. R.C.P. 234.2(d).
Respectfully Submitted,
DIVEGLIA & KAYLOR, P.C.
Date: 3-,-2 --c (P
By:
Archie V. Diveglia, Esc
Attorney I.D. #17140
Two Lincoln Way West
New Oxford, PA 17350
(717) 624-2500
Attorney for Plaintiff
0
RECEIVED MAR 0 7 20"5?
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS
Plaintiff OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GEORGE PIERCE and
DRIDGEWATER WHOLESALERS NO. 05-5761 Civil Term
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
Defendants
CIVIL ACTION - LAW
V.
WILLIAM R. IBAUGH,
Additional Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, this y day of March 2006, upon Motion of the Plaintiff, an
Order is hereby issued pursuant to Pa. R.C.P. 234.2(d) as follows:
1. Earl F. Reitz, Warden of Cumberland County Prison is directed to
release William R. Ibaugh on March 27, 2006, to the custody of the Sheriff of
Cumberland County or to any Constable of Cumberland County so that William
R. Ibaugh may testify on March 27, 2006, in the above matter.
2. The Warden shall allow William R. Ibaugh to dress in suitable street
clothing for testimony at trial.
3. William R. Ibaugh shall be available for transfer of custody to the Sheriff
of Cumberland County or Constable of Cumberland County by 9:00 a.m. on
March 27, 2006, and he will be returned to Cumberland County Prison
immediately after his testimony at the deposition in the above-referenced case on
March 27, 2006.
BY THE COURT
l ?1
1 1
U
lU •lLL
i
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS
Plaintiff OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
V.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS NO. 05-5761 Civil Term
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
Defendants
CIVIL ACTION - LAW
V.
WILLIAM R. IBAUGH,
Additional Defendant JURY TRIAL DEMANDED
MOTION UNDER PA. R.C.P. 234.2(dd) FOR ISSUANCE OF ORDER
TO WARDEN OF CUMBERLAND COUNTY PRISON TO RELEASE
WITNESS TO TESTIFY
AND NOW, this day of March 2006 comes the Plaintiff by his attorney,
Archie Diveglia pursuant to Pa. R.C.P. 234.2(d) and in support thereof avers as
follows:
1. This Motion is filed by and through Plaintiff's counsel, Archie Diveglia.
2. The above captioned matter involved a motor vehicle collision with one
of the defendants being William Ibaugh.
3. The Additional Defendant, William R. Ibaugh, was incarcerated at
Cumberland County Prison on February 7, 2006, for criminal conspiracy and
burglary and remains there. He is eligible for work release..
4. Mr. Ibaugh is a primary witness in this claim and his testimony is
needed to resolve a liability issue. His deposition that is scheduled on March 27,
2006.
5. Pursuant to Pa. R.C.P. 234.2(d), Plaintiff requests this Honorable Court
to issue an Order directing the Warden of Cumberland County Prison, Earl F. Reitz,
to release William R. Ibaugh to either the Sheriff of Cumberland County or any
Constable of Cumberland County for transportation to Cumberland County
Courthouse, Jury Assembly Room, 4ffi floor, on March 27, 2006, beginning at 10:00
a.m. and to return him to Cumberland County Prison subsequent to his testimony
which is not expected to last more than two hours.
6. At all times of the deposition, the Sheriff would remain with the
defendant Ibaugh.
WHEREFORE, Plaintiff requests this Honorable Court to issue an Order
pursuant to Pa. R.C.P. 234.2(d).
Respectfully Submitted,
DIVEGLIA & KAYLOR, P.C.
Date: -? -? By:
Archie V. Diveglia, Esq
Attorney I. D. #17140
Two Lincoln Way West
New Oxford, PA 17350
(717) 624-2500
Attomey for.Plainttff
'AL
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of March 2006, I, hereby certify that a copy of the
foregoing MOTION UNDER PA. R.C.P. 234.2(d) FOR ISSUANCE OF
ORDER TO WARDEN OF CUMBERLAND COUNTY PRISON TO RELEASE
WITNESS TO TESTIFY was served by first class mail, postage pre-paid and
addressed to the following:
George Pierce
c/o B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
William R. Ibaugh
c/o Kevin Rauch, Esquire and
Jason Wrona, Esquire
Summers, McDonnell, Hudock,
Guthrie &, Skeel, LLP
1017 Mumma Road
Lemoyne, PA 17043
.C.
By:
ArcFii"e V. DivegliA,
Attorney I.D. #171
Two Lincoln Way
New Oxford, PA 11
(717) 624-2500
Attorney for Plaintiff
f
?_
f
(,
?..
ORIGINAL
RAYMOND G. CASTIGLIA,
Plaintiff
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants
V.
WILLIAM R. IBAUGH,
itional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5761
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this day of 2006 comes Defendants,
George Pierce and Bridgewater Wholesalers, Inc. Ud/b/a Somerville Lumber Company,
by and through their attorneys, McKissock & Hoffman, P.C., and files the following reply
to the New Matter pursuant to Pa.R.C.P. 2252(d) of Additional Defendant, William R.
Ibaugh.
24. The averments in %4 of Additional Defendant's New Matter are an
incorporation of prior paragraphs of Additional Defendant's pleading and, therefore, do
not require a response.
25. The averments in ¶25 of Additional Defendant's New Matter pursuant to
Pa.R.C.P. 2252(d) constitute conclusions of law to which no responsive pleading is
required. To the extent that said averments are factually specific and require a
response, same are denied. By way of further answer, Defendants hereby incorporate
their Answer, New Matter and Joinder Complaint as if set more fully at length.
26. The averments in ¶26 of Additional Defendant's New Matter pursuant to
Pa.R.C.P. 2252(d) constitute conclusions of law to which no responsive pleading is
required. To the extent that said averments are factually specific and require a
response, same are denied. By way of further answer, Defendants hereby incorporate
their Answer, New Matter and Joinder Complaint as if set more fully at length.
WHEREFORE, Defendants, George Pierce and Bridgewater Wholesalers, Inc.,
t/d/b/a Somerville Lumber Company, requests this Honorable Court enter judgment in
their favor and dismiss Plaintiff's Complaint. In the alternative, Defendants further
request that the Additional Defendant's New Matter pursuant to Pa.R.C.P. 2252(d) be
dismissed and that the court enter relief in accordance with the prayers for relief set forth
in Defendant's Answer, New Matter and Joinder Complaint.
Respectfully submitted,
McKissock & Hoffman, P.C.
/77
By: _
B. Cra3glqaa, Esquire.
Attor ey .D. # 36818
204 glestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date: 3 r Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/d/b/a
Somerville Lumber Company
I IMAR-02-2006 THU 03:34 PM 3W1 FAX NO. 9085265450 P. 02
VERIFICATION
I, Paula Waters, hereby verify that the statements in Reply of Defendants,
George Pierce and Bridgewater Wholesalers, Inc., Vd/b/a Somerville Lumber Company,
to New Matter of Additional Defendant, William R• Ibaugh, Pursuant to Pa.R,C.P.
2252(d) are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unsworn falsification to authorities.
, & ?
Tama waters
VP of HR/Administration
on behalf of Bridgewater
Wholesalers Inc., t/d/b/a
Somerville Lumber Company
Dated: - 4)04 I
03,/06/2006 13:17 FAX 7177667700 BRIDGEWATER WHOLESALERS
U3/03/2uu6 PHI lb:lb HAA 717 b4U 3434 mmisSOCH & HUIIWan. ru
I, George Pierce, hereby verify that the statements in Reply of Defendants,
George Pierce and Bridgewater Wholesalers, Inc., t(dtb/a Somerville Lumber Company,
to New Matter of Additional Defendant, William R. Ibaugh, Pursuant to Pa.R.C.P.
2252(d) are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unsworn falsification to authorities.
4GeorgeP'
2003
IgA uu3/UU0
Dated:. 06
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Reply of Defendants upon
the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail, first-class postage prepaid, addressed as follows:
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Counsel for Plaintiff)
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(Counsel for Additional Defendant)
McKissock & Hoffman, P.C.
Date: 7 6,
By:
h "
I. D. # 36818
Att Fnr
estown Road
20 gl
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/d/b/a
Somerville Lumber Company
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 ajury _------
CAPTION OF CASE
(entire caption must be stated in full) (Check one)
RAYMOND CASTIGLIA
(X)
Civil Action - Law
(Plaintiff) ( )
vs.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
(Defendant)
vs.
WILLIAM R. IBAUGH
(Additional Defendants)
Appeal from Arbitration
The trial list will be called on October 10, 2006
Trials commence on November 6, 2006
Pretrials will be held on October 18. 2006
(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. ?05-5761 Civil
Indicate the attorney who will try case for the party who files this praecipe:
ARCHIE V. DIVEGLIA
Indicate trial counsel for other parties if known:
B. Craig Black Esquire McKissock & HoffmanP.C.
This case is ready for trial. Signed: -LA-,Lt
Print Name:
Attorney for: PLAINTIFF
20
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RAYMOND G. CASTIGLIA,
Plaintiff
V.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE
LUMBER COMPANY,
Defendants
14
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM R. IBAUGH, CIVIL ACTION - LAW
Addt'l. Defendant NO. 05-5761 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
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A pretrial conference was held on Thursday,
October 19, 2006, before the Honorable Edward E. Guido,
Judge. Present for the Plaintiff was Archie V. Diveglia,
Esquire, present for Defendants George Pierce and
Bridgewater Wholesalers was B. Craig Black, Esquire, and
present for Additional Defendant William R. Ibaugh was Kevin
D. Rauch, Esquire.
The parties estimate the case will take two to two
and one half days to try. There are no scheduling
conflicts.
This is an automobile accident case in which
liability vis-a-vis the Plaintiff is not an issue. The
issue is whether the Defendants or the Additional Defendant
is liable and to what extent.
Settlement vis-a-vis the Defendants and Additional
4 ..Of I
Defendant does not appear to be likely. There is a
possibility that the parties will settle with the Plaintiff
to liquidate the amount of damages and then to proceed.
Counsel are directed to be attached to this Court
for the period of November 6, 7, and 8, 2006.
By the..-C-oddt
Edward E. Guido, J.
Archie V. Diveglia, Esquire
For the Plaintiff
B. Craig Black, Esquire
For the Defendants
Kevin D. Rauch, Esquire
For the Additional Defendant
Court Administrator
:lfh
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff,
NO. 05-5761
V.
MOTION PURSUANT TO PA.R.C.P
GEORGE PIERCE and BRIDGEWATER 234.2(d) FOR ISSUANCE OF ORDER TO
WHOLESALERS, INC., t/d/b/a WARDEN OF CUMBERLAND COUNTY
SOMERVILLE LUMBER COMPANY, PRISON TO RELEASE ADDITIONAL
Defendants, DEFENDANT IBAUGH TO TESTIFY
V.
(Jury Trial Demanded)
WILLIAM R. IBAUGH,
Additional Defendant.
Filed on Behalf of the
Additional Defendant, William R. Ibaugh
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
#14335
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff,
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER (Jury Trial Demanded)
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBAR COMPANY,
Defendants,
V.
WILLIAM R. IBAUGH,
Additional Defendant.
MOTION PURSUANT TO PA.R.C.P 234.2(d) FOR ISSUANCE OF
ORDER TO WARDEN OF CUMBERLAND COUNTY PRISON
TO RELEASE ADDITIONAL DEFENDANT IBAUGH TO TESTIFY
AND NOW, comes Additional Defendant, William R. Ibaugh, by and through his
attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch,
Esquire, and files the following Motion Pursuant to Pa.R.C.P. 234.2(d), and in support
thereof, avers as follows:
1. Trial in the above-referenced matter is scheduled for the week of
November 6, 2006.
2. The Additional Defendant, William R. Ibaugh, is incarcerated at the
Cumberland County Prison.
3. Additional Defendant Ibaugh's testimony at trial is necessary for his full
and adequate defense.
4. Pursuant to Pa.R.C.P. 234.2(d), Additional Defendant requests this
Honorable Court issue an Order directing the Warden of Cumberland County Prison,
Earl F. Reitz, to release the Additional Defendant Ibaugh, to either the Sheriff of
Cumberland County or any Constable of Cumberland County for transportation to the
Cumberland County Courthouse to attend the trial in the above-referenced matter.
5. The date and time of the commencement of trial is unknown. The Sheriff
may return Mr. Ibaugh to the Cumberland County Prison upon the completion of trial.
6. To avoid unfair prejudice to Additional Defendant Ibaugh, it is further
respectfully requested that this Honorable Court permit him to dress in suitable attire
and remain unshackled while in the presence of the jury.
WHEREFORE, Additional Defendant, Ibaugh, respectfully requests this
Honorable Court enter the attached Order pursuant to Pa.R.C.P. 234.2(d).
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, ".P.
By:
in D. Rauch, Esquire
nsel for Additional Defendant
40'
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion
Pursuant to Pa.R.C.P. 234.2(d) for Issuance of Order to Warden of Cumberland County
Prison to Release Witness to Testify has been maile by U.S. Mail counsel of record jt9 via first class mail, postage pre-paid, this 9 day of _ /A?16(k
2006.
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Attorney for Plaintiff)
B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
(Attorney for Defendants)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & $KEEL, L.L.P.
By:
n --D. Rauch quire
nsel for Additional Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA,
Plaintiff,
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants,
CIVIL DIVISION
NO. 05-5761
MOTION IN LIMINE TO PRECLUDE
EVIDENCE OF ADDITONAL
DEFENDANT'S ACTIONS THAT GAVE
RISE TO CRIMINAL CHARGES AND
BRIEF IN SUPPORT
V.
WILLIAM R. IBAUGH,
Additional Defendant.
(Jury Trial Demanded)
Filed on Behalf of the
Additional Defendant, William R. Ibaugh
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
#14335
F
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff,
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER (Jury Trial Demanded)
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBAR COMPANY,
Defendants,
V.
WILLIAM R. IBAUGH,
Additional Defendant.
MOTION IN LIMINE
AND NOW, comes the Additional Defendant, William R. Ibaugh, by and through
his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D.
Rauch, Esquire, and files the following Motion in Limine to Preclude Evidence of
Additional Defendant's Actions that Gave Rise to his Criminal Charges:
1. Plaintiff, Raymond Castiglia, filed suit against Defendant, George Pierce
and Bridgewater Wholesalers, Inc., t/d/b/a Somerville Lumbar Company at the above
term and number to recover money damages for personal injuries allegedly sustained in
an automobile accident occurring on January 31, 2005.
2. At the time of the accident, the Plaintiff was a passenger in William R.
Ibaugh's vehicle when it impacted with a tractor-trailer driven by Defendant Pierce and
OW
t
owned by Bridgewater Wholesalers, Inc. These original Defendants subsequently joined
Additional Defendant Ibaugh to the suit.
3. Additional Defendant Ibaugh's criminal history consists of a guilty plea to
conspiracy to commit burglary.
4. It is anticipated that the Defendants will attempt to impeach Additional
Defendant Ibaugh with his criminal record, and seek to admit into evidence the facts
and circumstances that gave rise to this charge.
5. Should this Honorable Court decide that Additional Defendant Ibaugh may
be impeached with this guilty plea, the only evidence that may be introduced relative to
that plea is the name of the charge, date of plea, charging County, and punishment
received.
6. Any other evidence regarding this charge is unfairly prejudicial to
Additional Defendant Ibaugh, as it would serve only to impugn his character. Further
evidence related to this charge would also confuse and inflame the jury, thereby
detracting from the issues in the case.
WHEREFORE, Additional Defendant Ibaugh respectfully requests this Honorable
Court to enter an Order precluding any evidence regarding the actions of Additional
Defendant Ibaugh that gave rise to his criminal charges.
r
BRIEF IN SUPPORT OF MOTION IN LIMINE
1. STATEMENT OF FACTS
This case arises from a motor vehicle accident that occurred on January 31,
2005. At that time, Additional Defendant, William R. Ibaugh (hereinafter "Ibaugh"), was
driving a 1990 Ford Ranger west on Church Street in Mechanicsburg Borough,
Cumberland County, Pennsylvania. The Plaintiff was a front seat passenger in Ibaugh's
vehicle.
Defendant, George Pierce (hereinafter "Pierce"), was traveling north on Mulberry
Drive towards its intersection with Church Street. He was operating a tractor trailer
owned by Bridgewater Wholesalers, Inc. and was in the course and scope of his
employment. Mulberry Drive is governed by a stop sign at its intersection with Church
Street. Ibaugh's route of travel was not governed by any traffic control devices.
A collision occurred between the vehicles when Pierce entered the intersection
directly in front of Ibaugh's vehicle. Ibaugh contends that Pierce negligently entered the
intersection and was solely responsible for causing the accident.
Ibaugh's criminal history consists of a guilty plea to conspiracy to commit
burglary. If this Honorable Court permits the Defendants to impeach Ibaugh with his
criminal record, then it is anticipated that the Defendants will also seek to admit the
facts and circumstances that gave rise to this charge. As will be discussed more fully,
this evidence is clearly inadmissible, as it is unfairly prejudicial in that it would only
confuse and inflame the jury, and seriously impugn Ibaugh's character.
II. ARGUMENT
If this Honorable Court determines that Additional Ibaugh maybe impeached with
the his -guilty plea to conspiracy to commit bur-glary, then the only
admissible evidence regardina this plea is the name of the offense, date of
plea, the char-gina County, and the length of sentence.
Under Pennsylvania law, the only admissible evidence when a witness is
impeached with a prior conviction is the name of the offense, date of plea, the charging
County, and the length of the sentence. Commonwealth v. Jones, 250 Pa. Super. 98,
378 A.2d 471, 477 (1977).
In Jones, the trial court permitted the Commonwealth to impeach the Defendant's
credibility by introducing evidence of an aggravated robbery conviction. The court,
however, also allowed evidence regarding the circumstances surrounding the crime,
including the scene of the offense, the name of the victim, the amount stolen, and the
fact that the Plaintiff was convicted under an alias. The Defendant was convicted, and
subsequently filed an appeal.
On appeal, the court noted that it was "the natural and inevitable tendency of the
tribunal-to give excessive weight to the vicious record of crime thus exhibited and
...allow it to bear too strongly [on the issue at hand]...." Id. at 477. Because of this
effect, the Court held that if evidence of a prior conviction is introduced into evidence, it
should be limited to the name, time, and place, and punishment received in order to
minimize the potential prejudice and distraction of issues already inherent in the
mention of prior offenses. Id. The court ruled that circumstances surrounding the charge
were improperly admitted at trial, and the decision was reversed and remanded.
In the instant case, should this Honorable Court determine that the Additional
Defendant may be impeached with his guilty plea of conspiracy to commit burglary, it is
respectfully requested that, pursuant to Jones, the jury be provided only the name of the
offense, date of plea, the charging County, and the length of the sentence. Any
information beyond these facts would be unfairly prejudicial to Ibaugh, as it would
seriously impugn his character and result in confusion and inflamed passions amongst
the jury.
III. CONCLUSION
Based on the foregoing, Additional Defendant William R. Ibaugh respectfully
requests this Honorable Court to enter an order granting his Motion in Limine.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L R.
By:
Rauch, Esquire
nsel for Additional Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion in
Limine to Preclude Evidence of Additional Defendant Ibaugh's Actions that Gave
Rise to his Criminal Charges has been mailed by U.S. Mail to counsel of record via
first class mail, postage pre-paid, this - day of , 2006.
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Attorney for Plaintiff)
B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
(Attorney for Defendants)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P. r,
By:
Kel D.-Rauch,'Esquire
Counsel for Additional Defendant
C'7
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA,
Plaintiff,
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants,
CIVIL DIVISION
NO. 05-5761
MOTION IN LIMINE TO PRECLUDE
EVIDENCE OF ADDITONAL
DEFENDANT'S CRIMINAL RECORD
AND BRIEF IN SUPPORT
(Jury Trial Demanded)
V.
WILLIAM R. IBAUGH,
Additional Defendant.
Filed on Behalf of the
Additional Defendant, William R. Ibaugh
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
#14335
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff,
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER (Jury Trial Demanded)
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBAR COMPANY,
Defendants,
V.
WILLIAM R. IBAUGH,
Additional Defendant.
MOTION IN LIMINE
AND NOW, comes the Additional Defendant, William R. Ibaugh, by and through
his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D.
Rauch, Esquire, and files the following Motion in Limine to Preclude Evidence of
Additional Defendant's Criminal Record.
1. Plaintiff, Raymond Castiglia, filed suit against Defendant, George Pierce
and Bridgewater Wholesalers, Inc., t/d/b/a Somerville Lumbar Company at the above
term and number to recover money damages for personal injuries allegedly sustained in
an automobile accident occurring on January 31, 2005.
2. At the time of the accident, the Plaintiff was a passenger in William R.
Ibaugh's vehicle when it impacted with a tractor-trailer driven by Defendant Pierce and
owned by Bridgewater Wholesalers, Inc. These original Defendants subsequently joined
Additional Defendant Ibaugh to the suit.
3. Additional Defendant Ibaugh's criminal history consists of a guilty plea to
conspiracy to commit burglary.
4. It is anticipated that the Defendants will attempt to impeach Additional
Defendant Ibaugh with his criminal record.
5. Pa.R.E. 609 dictates that a witness's credibility can be attacked with
evidence of a guilty plea to a crime involving only dishonesty or false statement, or a
crimen falsi.
6. There is no Pennsylvania case law addressing whether conspiracy to
commit burglary constitutes a crimen falsi; therefore, this Honorable Court must
determine whether the statutory elements of the crime of conspiracy, as well as the
actions of the Additional Defendant in the commission of that crime, implicate
dishonesty or false statement.
7. The statutory elements of conspiracy make no reference whatsoever to
dishonesty, stealth, or secretiveness.
8. There is no evidence in the record that Additional Defendant's actions in
committing the crime were dishonest, stealthy, or secretive.
9. As such, Additional Ibaugh's guilty plea to conspiracy to commit burglary
does not constitute a crimen falsi, and cannot be used for impeachment.
10. Further, the overwhelming unfair prejudice flowing from this testimony
clearly outweighs what little, if any, probative value it may have. Such evidence would
result in unfair prejudice to Additional Defendant Ibaugh, as it would only confuse and
inflame the jury, thereby detracting from the issues in the case. This effect alone
requires that the evidence be precluded.
11. Finally, Pa.R.E. 609(d) prohibits any reference at trial to Additional
Defendant Ibaugh's criminal record as a juvenile.
WHEREFORE, Additional Defendant Ibaugh respectfully requests this Honorable
Court to enter an Order directing that any evidence regarding Additional Defendant
Ibaugh's criminal history be precluded.
BRIEF IN SUPPORT OF MOTION IN LIMINE
1. STATEMENT OF FACTS
This case arises from a motor vehicle accident that occurred on January 31,
2005. At that time, Additional Defendant, William R. Ibaugh (hereinafter "Ibaugh"), was
driving a 1990 Ford Ranger west on Church Street in Mechanicsburg Borough,
Cumberland County, Pennsylvania. The Plaintiff was a front seat passenger in Ibaugh's
vehicle.
Defendant, George Pierce (hereinafter "Pierce"), was traveling north on Mulberry
Drive towards its intersection with Church Street. He was operating a tractor trailer
owned by Bridgewater Wholesalers, Inc. and was in the course and scope of his
employment. Mulberry Drive is governed by a stop sign at its intersection with Church
Street. Ibaugh's route of travel was not governed by any traffic control devices.
A collision occurred between the vehicles when Pierce entered the intersection
directly in front of Ibaugh's vehicle. Ibaugh contends that Pierce negligently entered the
intersection and is solely responsible for causing the accident.
Ibaugh's criminal history consists of a guilty plea to conspiracy to commit
burglary. It is believed that the Defendants will attempt to impeach Ibaugh with his
criminal record. As will be discussed more fully, this evidence is clearly inadmissible, as
the crime of conspiracy does not constitute a crimen falsi, and such evidence would be
unfairly prejudicial in that its only purposes would be to confuse and inflame the jury,
and ultimately result in an unfair trial.
II. ARGUMENT
The crime of conspiracy is not a crimen falsi; therefore, it cannot be used for
impeachment purposes. Further, this evidence is unfairly prejudicial
because it is inflammatory and confusing, and must be excluded.
Although there is no Pennsylvania case law directly on point, the court can find
guidance in Pa.R.E. 609(a) and the case of Commonwealth v. Coleman, 445 Pa. Super.
199, 664 A.2d 1381 (1995). Pa.R.E. 609(a) provides that a witness's credibility may be
attacked by introducing evidence of a guilty plea to a crime involving dishonesty or false
statement, or crimen falsi. In order to determine whether a crime is crimen falsi, the
court must determine whether: (1) The statutory elements of the crime implicate
dishonesty or false statement; and, (2) Whether the Defendant's conduct related to that
crime was premised on dishonesty or false statement. Coleman, 664 A.2d at 1384
(1995).
In Coleman, the court applied the above two-prong test to determine whether
possession with intent to deliver constituted a crimen falsi. First, the court analyzed the
statutory elements of the crime (found at 35 P.S. § 780-113), and held that its definition
did not implicate dishonesty or false statement.
The court also applied the second prong of the test to determine whether the
Defendant's conduct related to the crime was premised on dishonesty or false
statement. Because there was no information concerning the individual's conduct which
underpinned the conviction, the court found that there was no basis to conclude that the
conviction involved dishonesty or false statement. Finally, the court recognized the need
to balance the probative value of proposed impeachment evidence against the danger
of prejudice to the Defendant.
Pursuant to Coleman, this Honorable Court must first examine the statutory
elements of conspiracy to determine whether it implicates dishonesty or false statement.
In the instant case, Ibaugh pled guilty to conspiracy to commit burglary, not burglary.
Conspiracy is defined as (1) [an agreement] with such other person or persons that they
or one or more of them will engage in conduct which constitutes such crime or an
attempt or solicitation to commit such crime; or, (2) [an agreement] to aid such other
person or persons in the planning or commission of such crime or of an attempt or
solicitation to commit such crime. 18 Pa.C.S. § 903(a) (2006).
Similar to possession with intent to deliver a controlled substance, the statutory
definition of conspiracy clearly does not implicate dishonesty or a false statement. The
critical lynchpin to this offense is an agreement with another to either commit or aid in
the commission of a crime. The statute does not require a "secret agreement" or an
"agreement made in stealth," nor can such elements be inferred from the definition. The
statutory elements of the crime of conspiracy clearly does not satisfy the first prong of
the Coleman test.
Ibaugh's guilty plea also fails to satisfy the second prong of the Coleman test.
Ibaugh did not plead guilty to actually committing a burglary. There is no evidence
indicating that Ibaugh's role in the conspiracy implicates dishonesty or false statement.
Because this information is lacking, this Honorable Court must follow Coleman and bar
any evidence concerning Ibaugh's conviction of conspiracy to commit burglary.
This Honorable Court must also weigh the probative value of this evidence
versus its prejudicial effect. Given the fact that Ibaugh's guilty plea falls far short of
satisfying the Coleman test, and the lack of relevant case law, it is obvious that this
evidence has little or no probative value. The unfairly prejudicial effect of this testimony
simply overwhelms whatever probative value it may have. The evidence will only have a
"smoke and mirrors" effect and inflame the jury. Ibaugh will not receive a fair trial if the
jury labels him a "conspirator." For these reasons alone, this evidence is clearly
inadmissible.
Finally, to the extent that any party intends to offer evidence of Ibaugh's juvenile
criminal history, such evidence is barred by Pa.R.E. 609(d). Specifically, this provision
provides that any adjudications of delinquency may only be used to impeach a witness
in a criminal trial only, and not in a civil context.
III. CONCLUSION
Based on the foregoing, Additional Defendant William Ibaugh respectfully
requests this Honorable Court to enter an order granting his Motion in Limine.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P. /J
By:
n u. Kaucn, tsq
nsel for Additional Defendant
11
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion in
Limine to Preclude Evidence of Additional Defendant's Criminal History has been
counsel of record via first class mail, postage pre-paid, this
mailed by U.S. Mail PMd%C_,2006.
day of Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Attorney for Plaintiff)
B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
(Attorney for Defendants)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P,j
By:
Keyn IT Rauch; Esquire
Counsel for Additional Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA,
Plaintiff,
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants,
CIVIL DIVISION
NO. 05-5761
MOTION IN LIMINE TO PRECLUDE
EVIDENCE OF ADDITONAL
DEFENDANT'S ALLEGED
INTOXICATION AT THE TIME OF THE
ACCIDENT AND BRIEF IN SUPPORT
V.
WILLIAM R. IBAUGH,
Additional Defendant.
(Jury Trial Demanded)
Filed on Behalf of the
Additional Defendant, William R. Ibaugh
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
#14335
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff,
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER (Jury Trial Demanded)
WHOLESALERS, INC., t/d/b/a
SOMERVILLE LUMBAR COMPANY,
Defendants,
V.
WILLIAM R. IBAUGH,
Additional Defendant.
MOTION IN LIMINE
AND NOW, comes the Additional Defendant, William R. Ibaugh, by and through
his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D.
Rauch, Esquire, and files the following Motion in Limine to Preclude Evidence of
Additional Defendant's Alleged Intoxication at the Time of the Accident:
1. Plaintiff, Raymond Castiglia, filed suit against Defendant, George Pierce
and Bridgewater Wholesalers, Inc., t/d/b/a Somerville Lumbar Company at the above
term and number to recover money damages for personal injuries allegedly sustained in
an automobile accident occurring on January 31, 2005.
2. At the time of the accident, the Plaintiff was a passenger in William R.
Ibaugh's vehicle when it impacted with a tractor-trailer driven by Defendant Pierce and
owned by Bridgewater Wholesalers, Inc. These original Defendants subsequently joined
Additional Defendant Ibaugh to the suit.
3. Additional Defendant Ibaugh anticipates that the Defendants will seek to
introduce evidence at trial that Additional Defendant Ibaugh impressed upon Defendant
Pierce that he was intoxicated at the time of the accident.
4. More specifically, Additional Defendant lbaugh believes that Defendant
Pierce will testify consistent with his deposition testimony, in that, after the accident, he
observed Additional Defendant Ibaugh slumped over his steering wheel and saw the
Plaintiff walking around the scene, bleeding from his nose, mouth, and eyebrow. These
observations gave Defendant Pierce the impression that Additional Defendant Ibaugh
was intoxicated. (A true and correct copy of the relevant portions of Defendant Pierce's
deposition transcript is attached hereto as "Exhibit A.")
5. Additional Defendant Ibaugh was rendered unconscious as a result of the
impact, and did not awake until en route to Hershey Medical Center in an emergency
helicopter.
6. Additional Defendant Ibaugh was never subjected to any sobriety tests,
and there is no evidence that he consumed any drugs or alcohol prior to the accident or
that intoxication played a role in this accident.
7. Given the facts surrounding the accident, no jury could reasonably
determine that the Additional Defendant Ibaugh was intoxicated based on Defendant
Pierce's testimony.
8. This evidence is completely irrelevant and unfounded. It has no probative
value, and would only inflame the jury and seriously impugn the Additional Defendant's
character, thereby resulting in unfair prejudice.
WHEREFORE, Additional Defendant Ibaugh respectfully requests this Honorable
Court to enter an Order directing that Defendant Pierce's testimony that Additional
Defendant Ibaugh was intoxicated be precluded.
BRIEF IN SUPPORT OF MOTION IN LIMINE
1. STATEMENT OF FACTS
This case arises from a motor vehicle accident that occurred on January 31,
2005. At that time, Additional Defendant, William R. Ibaugh (hereinafter "Ibaugh"), was
driving a 1990 Ford Ranger west on Church Street in Mechanicsburg Borough,
Cumberland County, Pennsylvania. The Plaintiff was a front seat passenger in Ibaugh's
vehicle.
Defendant, George Pierce (hereinafter "Pierce"), was traveling north on Mulberry
Drive towards its intersection with Church Street. He was operating a tractor trailer
owned by Bridgewater Wholesalers, Inc. and was in the course and scope of his
employment. Mulberry Drive is governed by a stop sign at its intersection with Church
Street. Ibaugh's route of travel was not governed by any traffic control devices.
A collision occurred between the vehicles when Pierce entered the intersection
directly in front of Ibaugh's vehicle. Ibaugh contends that Pierce negligently entered the
intersection and was solely responsible for causing the accident.
Pierce testified at his deposition that he approached Ibaugh's truck after the
accident to find Ibaugh unconscious and hunched over the steering wheel. (Pierce
deposition at p. 17.) Pierce actually reached in and felt Ibaugh's pulse to make sure he
was still alive. Id. at 18. Further, he admitted that he "couldn't really [see]" Ibaugh. Id.
Pierce also saw the Plaintiff walking around the scene, bleeding from his nose, mouth,
and eyebrow. Id. Based on these observations, Pierce testified that "it sort of gave me
the impression they were intoxicated." Id.
Ibaugh was indeed rendered unconscious by the impact. He later informed the
reporting police officer that he blacked-out at the point of impact, and did not remember
anything until he was in a helicopter on his way to the hospital. Ibaugh was treated at
Hershey Medical Center for his injuries, and believes that he suffered short-term
memory loss as a result of the accident. It is important to note that lbaugh was never
subjected to any type of sobriety test, nor is there any evidence indicating that
intoxication played a role in the accident
It is believed that Pierce will attempt to testify at trial regarding his "impression"
that Ibaugh was intoxicated. As will be discussed more fully, this evidence is clearly
inadmissible, as it is irrelevant, unfounded, and unfairly prejudicial.
11. ARGUMENT
The unfair) re'udicial irrelevant and unfounded testimony of Defendant Pierce
that Additional Defendant Ibaugh was intoxicated at the time of the
accident must be excluded.
Under Pennsylvania law, if a jury could not reasonably reach a finding of
intoxication, it is highly prejudicial to permit it to hear any evidence bearing on the
subject. Viqnoli v. Standard Motor Freight, Inc., 418 Pa. 214, 210 A.2d. 271, 273 (1965).
In Vi noli, the Plaintiff sustained injuries in an automobile accident. At trial, the
Defendant objected to witness testimony concerning the alleged intoxication of the
Defendant operator. In order to rule on the objection, the trial judge heard testimony in
chambers that the Defendant admitted to consuming two beers prior to his trip, and that
witnesses believed that the Defendant was acting abnormal and "funny" at the accident
scene. The trial judge barred this testimony, and the jury later returned a verdict in favor
of the Defendant. The Plaintiff's Motion for New Trial was denied, and an appeal
followed.
On appeal, the Plaintiff argued that the trial court erred in barring testimony
regarding the Defendant's intoxication. After reviewing the in-chambers testimony, the
Court ruled that the evidence fell far short of reasonably establishing intoxication. Id.
Simply put, the Defendant's admission that he consumed two beers and the witnesses'
opinions that the Defendant was acting "funny" were insufficient to permit the issue of
intoxication to be presented to the jury.
The facts of the instant case are directly analogous to Vi noli. Pierce believes
that Ibaugh was intoxicated simply because he was slumped unconscious over the
wheel of his vehicle after the accident. Pierce also admitted that he could not fully see
Ibaugh while in this position. Ibaugh was never given any type of sobriety test, and there
is no evidence whatsoever that Ibaugh consumed any drugs or alcohol prior to the
accident, or that this was a factor in this accident.
Pierce's testimony is highly prejudicial, irrelevant, and unfounded. No jury could
reasonably reach a finding of intoxication based on his testimony. This evidence's only
purpose is to inflame the passions of and confuse the jury, thereby detracting from the
issues in the case. Pursuant to Vi noli, Pierce's testimony must be excluded.
III. CONCLUSION
Based on the foregoing, Additional Defendant William Ibaugh respectfully
requests this Honorable Court to enter an order granting his Motion in Limine.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL,,j .L.P.
By:
K?v n D. Rauch, Esquire
Counsel for Additional Defendant
4
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND G. CASTIGLIA, CIVIL DIVISION
Plaintiff .
VS
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS, .
INC., t/d/b/a SOMMERVILLE
LUMBAR COMPANY,
Defendants
VS
WILLIAM R. IBAUGH,
Defendant NO. 05-5761
MARCH 27, 2006
CARLISLE, PENNSYLVANIA
Oral deposition of GEORGE PIERCE,
taken at Cumberland County Courthouse,
1 Courthouse Square, Carlise, Pennyslvania,
on the above date beginning at approximatel
12:00 p.m., before Suzanne Minello-Devine,
Court Reporter and Notary Public.
SUZANNE MINELLO COURT REPORTING
573 INDIAN RUN DRIVE
HUMMELSTOWN, PENNSYLVANIA 17036
(717) 671-7007
1
2
3
4
5
l
17
A. I don't remember.
Q. Do you remember if they had a tape
recorder like she has a tape recorder and they
recorded it?
A. I don't remember that.
Q. Do you remember how long after the
collision that occurred?
A. Probably a month.
Q. After these two vehicles collide, do
you get out of the vehicle?
6
7
8
9
10
11
12
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14
1E
lE
1i
lE
15
2C
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2 C
A. Yes.
Q. Do you go over to the truck?
A. I went over to the truck.
Q. What do you see?
A. I see the driver hunched over and the
passenger was out.
Q. How long was that passenger out?
A. I have -- I don't know.
MR. BLACK: Let me. You mean how long
after the collision or how long time-wise was he out?
Do you understand the question?
MR. DIVEGLIA: Let me redo it.
BY MR. DIVEGLIA:
Q. When you first went to the truck both
of these guys are out?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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18
A. No, the driver was hunched over the
steering wheel.
Q. How about the passenger?
A. The passenger was out.
Q. Out of the car?
A. Out of the car.
Q. I thought you meant out, like knocked
out .
A. No. I'm sorry. He was out of the
vehicle.
Q. What do you see on him? Is he
bleeding?
A. He was bleeding. The driver was -- I
couldn't really look. I went in and felt his pulse
to make sure he was still alive and he was alright.
I walked over to the other kid, the younger kid, the
guy that was bleeding. I talked to him. He said I
didn't, but I remember talking to him.
Q. Was he bleeding from his nose?
A. Yeah, his nose.
Q. Mouth and eyebrow?
A. Yeah. It sort of gave me the
impression they were intoxicated.
Q. But he wasn't, was he?
A. Well, I don't know.
~ IL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion in
Limine to Preclude Evidence Alleged Intoxication at the Time of the Accident has
been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this
At day of , 2006. - __6 ?A
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Attorney for Plaintiff)
B. Craig Black, Esquire
McKissock & Hoffman
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
(Attorney for Defendants)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
in D. Rauch, Esquire
insel for Additional Defendant
FT)
3;-?
V l l
RAYMOND G. CASTIGLIA,
Plaintiff
V.
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., t/d/b/a
SOMERVILLE LUMBER COMPANY,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5761
CIVIL ACTION - LAW
V.
WILLIAM R. IBAUGH,
Additional Defendant
JURY TRIAL DEMANDED
MOTION FOR CONTINUANCE OF TRIAL OF DEFENDANTS GEORGE PIERCE AND
BRIDGEWATER WHOLESALERS INC., t/d/b/a SOMERVILLE LUMBER COMPANY
AND NOW come Defendants, George Pierce and Bridgewater Wholesalers Inc., t/d/b/a
Somerville Lumbar Company, by and through their attorneys, McKissock & Hoffman, P.C., and
respectfully file the instant Motion for Continuance, and in support thereof aver as follows:
1. The instant matter arises from a motor vehicle accident which occurred on
January 31, 2005 in Mechanicsburg, Cumberland County, Pennsylvania, involving a collision
between a tractor-trailer and a vehicle in which Plaintiff, Raymond G. Castiglia, was a
passenger.
2. Defendant George Pierce was operating a tractor-trailer, owned by Defendant
Bridgewater Wholesalers, Inc. (hereinafter referred to as "Defendant Bridgewater"), traveling
North on Mulberry Drive.
3. As he approached the intersection of Mulberry Drive and Church Street, Mr.
Pierce noticed the vehicle driven by Additional Defendant, William R. Ibaugh (hereinafter
referred to as "Defendant Ibaugh"), traveling westbound on Church Road.
4. It is Defendants' contention that Mr. Pierce approached the intersection of
Mulberry Drive and Church Street, brought his tractor-trailer to a stop, ascertained that he could
safely proceed through the intersection, and began to travel through the intersection.
5. It is Defendants' contention that after Mr. Pierce entered the intersection, he
noted that Mr. Ibaugh's vehicle was traveling at an excessive rate of speed approaching his
tractor-trailer. Mr. Pierce immediately attempted to swerve his vehicle to his left in an effort to
allow Mr. Ibaugh's vehicle to safely pass on his right; however, Mr. Ibaugh's vehicle impacted
Mr. Pierce's tractor-trailer on the right front portion of the trailer.
6. As a result of the accident, Plaintiff alleges to have sustained a fractured nose,
with associated breathing difficulties, facial scarring, and sprain/strain injuries to his back.
Plaintiff further alleges to have experienced pain and suffering, mental distress, and
embarrassment with respect to the "permanent and unsightly" scarring of his face.
7. Plaintiff filed his Complaint in the Court of Common Pleas of Cumberland County
on or about November 4, 2005, and Defendants Pierce and Bridgewater Wholesalers Inc.,
t/d/b/a Somerville Lumbar Company, filed their Answer and New Matter on or about December
5, 2005. Subsequently, Defendants Pierce and Bridgewater Wholesalers Inc., t/d/b/a Somerville
Lumbar Company filed a Joinder Complaint against Additional Defendant Ibaugh on or about
December 6, 2005.
8. After engaging in discovery, Plaintiff filed a Praecipe listing this matter for trial,
wherein it was determined that trial would commence on November 6, 2006.
9. Plaintiff filed his Pre-Trial Memorandum on or about October 6, 2006, and
Defendant Pierce filed his Pre-Trial Memorandum on or about October 11, 2006. Additional
Defendant Ibaugh filed his Pre-Trial Statement on or about October 12, 2006.
10. In his Pre-Trial Statement, Additional Defendant Ibaugh indicated that he
intended to utilize "Accident Reconstruction ist Tom Kuechler" as a witness to testify at trial.
Additional Defendant Ibaugh further indicated that he intended to utilize Mr. Kuechler's report as
an exhibit at trial. Additional Defendant Ibaugh did not provide Mr. Kuechler's professional title
or address, nor did he attach a copy of Mr. Kuechler's report to his Pre-Trial Statement. Rather,
he indicated that copies of Mr. Kuechler's report would be provided "immediately provided upon
2
receipt." See Additional Defendant William R. Ibaugh's Pre-Trial Statement, filed of record on or
about October 12, 2006.
11. Subsequently, on or about October 23, 2006, Additional Defendant Ibaugh
forwarded correspondence to counsel for Plaintiff and counsel for Mr. Pierce, wherein he
included an Addendum to Pre-Trial Statement Filed on Behalf of Additional Defendant, William
R. Ibaugh (hereinafter referred to as the "Addendum"). Attached to the Addendum were copies
of the expert report and curriculum vitae of Thomas E. Kuechler, Vehicle Crash Analyst.
12. Additional Defendant Ibaugh's production of Mr. Kuechler's report comes only
fifteen (15) days before trial is scheduled to begin.
13. This identification of Mr. Kuechler as a witness and the eleventh-hour production
of his report and curriculum vitae effectively precludes Defendant Pierce from producing any
evidence to rebut the contentions of Mr. Kuechler. With only fifteen (15) days remaining before
trial, there is simply no time to retain a rebuttal witness and obtain a rebuttal report before the
scheduled start of trial.
14. Were trial to proceed as scheduled in light of Additional Defendant Ibaugh's
untimely production of Mr. Kuechler's report, there is no question that Mr. Pierce would be
prejudiced not only by the late identification of Mr. Kuechler as a witness and similarly by his
even later production of Mr. Kuechler's expert report, but Mr. Pierce would unquestionably be
prejudiced by his inability to adequately address the contentions in Mr. Kuechler's report with
rebuttal evidence.
15. On Thursday, October 26, 2006 the deposition of Detective Justin Spaulding of
the Lower Allen Township Police Department was undertaken. Detective Spaulding is an
accident reconstruction ist who was requested by the Mechanicsburg Police Department to
assist with the investigation of the accident.
16. For the first time during the pendancy of this litigation, counsel learned of the
existence of previously undisclosed photographs and of the existence of electronic data,
3
including measurements taken by a device commonly known in law enforcement circles as the
"Total Station". Based upon the testimony of Detective Spaulding, it is averred that the
information contained in this electronic file, if reduced to a print out, would be indispensable to
an accident reconstructionist's ability to formulate accurate opinions regarding the cause of the
accident.
17. In light of the late disclosure of the information discussed in paragraph 16, above,
and the impact that such information may have upon Mr. Kuechler's opinions, counsel for
Additional Defendant concurs in the continuance of this matter from the present trial term.
18. Defendant and Additional Defendant have agreed to each contribute funds
toward a settlement offer which is satisfactory and has been accepted by Plaintiff. Accordingly,
the only issue to ultimately be decided at trial is the apportionment of liability between
Defendants and Additional Defendant.
19. Counsel for Plaintiff, in light of the averments in paragraph 18, concurs in the
requested continuance.
20. All counsel requests that this Honorable Court retain jurisdiction of this matter so
far as the remaining dispute as to the apportionment of liability and adjustment of settlement
funds by and between Defendants and Additional Defendant.
4
WHEREFORE, Defendants George Pierce and Bridgewater Wholesalers Inc., t/d/b/a
Somerville Lumbar Company, respectfully request that this Honorable Court grant its Motion for
Continuance and continue trial in this matter.
By:
Date: i t 110(o
Respectfully submitted,
McKissock & Hoffman, P.C.
Atty I. D. # 36818
L n M. Burnette, Esquire
orney I.D. # 92412
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/d/b/a
Somerville Lumber Company
5
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the Motion for Continuance of
Defendants George Pierce and Bridgewater Wholesalers, Inc., t/d/b/a Somerville Lumber
Company, upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States Mail, first-class postage prepaid, addressed as follows:
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
Two Lincoln Way West
New Oxford, PA 17350
(Counsel for Plaintiff)
Kevin D. Rauch, Esquire
Jason P. Wrona, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(Counsel for Additional Defendant)
Date: 11 1 N,
By:
McKissock & Hoffman, P.C.
B. ig6lee< Esquire
ey 1. D. # 36818
?7ren M. Burnette, Esquire
Attorney I.D. # 92412
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendants, George Pierce
and Bridgewater Wholesalers Inc., t/d/b/a
Somerville Lumber Company
6
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1
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,.-- _:_?
\<
?
NOV o x 2006,.,4k'
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 05-5761
GEORGE PIERCE and BRIDGEWATER
WHOLESALERS INC., t/d/b/a CIVIL ACTION - LAW
SOMERVILLE LUMBER COMPANY,
Defendants
V.
PRE-TRIAL CONFERENCE
BEFORE JUDGE GUIDO
WILLIAM R. IBAUGH,
Additional Defendant
JURY TRIAL DEMANDED
ORDER
AND NOW, this OP, -"V day of November, 2006, upon consideration of the Motion
for Continuance of Trial filed on behalf of Defendants, George Pierce and Bridgewater
Wholesalers, Inc., t/d/b/a Somerville Lumber Company, and noting the concurrence of all
counsel therein, it is hereby ORDERED and directed that the above-captioned matter is
removed from the Civil Trial Term commencing on November 6, 2006. The matter may be re-
listed by counsel for any party when the matter is at issue.
J.
_, ..
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.?? F;
.?? tst? 7- ?'?,??''? ????
?..,
ti?
r t ? ?; ,l
r
RAYMOND G. CASTIGLIA,
Plaintiff
V.
GEORGE PIERCE and
BRIDGEWATER WHOLESALERS
INC., t/b/a SUMMERVILLE
LUMBER COMPANY
Defendants
V.
WILLIAM R. IBAUGH,
Additional Defendant
: IN THE COURT OF COMMON PLEAS
OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 05-5761 Civil Term
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE FOR DISCONTINUANCE
To The Prothonotary
Please discontinue the above case. All claims of the Plaintiff have been
satisfied in full.
Respectfully Submitted,
DIVEGLIA 8; KAYLOR, P.C.
Dated: -L3-0'1
By:
Attorney I.D. # 171+0
Two Lincoln Way /
Wes
New Oxford, PA 17350
(717) 624-2500
Attorney for Plaintiff
,-
RAYMOND G. CASTIGLIA, IN THE COURT OF COMMON PLEAS
OF THE CUMBERLAND
Plaintiff COUNTY, PENNSYLVANIA
V. .
GEORGE PIERCE and :
BRIDGEWATER WHOLESALERS NO. 05-5761 Civil Term
INC., t/b/a SUMMERVILLE :
LUMBER COMPANY
Defendants
CIVIL ACTION - LAW
V.
WILLIAM R. IBAUGH,
Additional Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
B. Craig Black, Esquire
McKissock & Hoffman, P.C.
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
Kevin Rauch, Esquire
Summers, McDonnell, Hudock,
Guthrie & Skeel, LLP
1017 Mumma Road
Lemoyne, PA 17043
DIVEGLIA & KAYLOR, P.C.
Dated: !i 2 3 -d)
By:
Arc'.i? V. Diveg?ia, E
Attorney I.D. #1714(
Two Lincoln Way Wq
New Oxford, PA 173
(717) 624-2500
Attorney for Plaintiff
r"
AND NOW, this day of August 2007, I, Archie V. Diveglia, for
DIVEGLIA & KAYLOR, P.C., hereby certify that a copy of the foregoing
PR.AECIPE FOR DISCONTINUANCE was served by first class mail, postage
pre-paid and addressed to the following:
CE-
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