HomeMy WebLinkAbout02-1429JESSE RAY COBLE,
SUNFLOWER CARRIERS a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, 1NC., and PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: Civil
TO: Prothonotary
Kindly issue a Writ of Summons on behalf of Plaintiffs Jesse Ray Coble and Sunflower Careers,
a/k/a Sunflower Carriers, Inc., against Defendants Commonwealth of Pennsylvania, Department of
Transportation, Executive Office, 555 Walnut Street, 94 Floor, Harrisburg, 17101, Pennsylvania; Valley
Quames, Inc., 297 QuanT Road, Chambersburg, Pennsylvania, 17201; and Protection Services, Inc., 635
Lucknow Road, Hamsburg, Pennsylvania, 17110.
Date: .~/Z Z/o"~ By:
THOMAS, THOMAS & HAFER LLP
305 North Front Street
Hamsburg, PA 17108
(717) 23%7133
Attorneys for Plaintiffs
TO:
Commonwealth of Pennsylvania
Department of Transportation
Executive Office
555 Walnut Street, 9th Fl.
Hamsburg, PA 17101
Valley Quarries, Inc.
297 Quarry Road
Chambersburg, PA 17201
Protection Services, Inc.
635 Lucknow Road
Hamsburg, PA 17110
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN
ACTION AGAINST YOU.
Office of Attomey General
Torts Litigation Section
15m Floor, Strawberry Square
Harrisburg, PA 17120
Gerhard Schwaibold
Senior Deputy Attorney General
Direct Dial 717-787-2168
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC,,
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC. And PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
: NO. 02-1429
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, Commonwealth of Pennsylvania,
Department of Transportation, in the above-captioned action.
Respectfully submitted,
D. MICHAEL FISHER
Attorney General
By: // ·
GERHARD SCHWAIBOLD ID #55379
Senior Deputy Attorney General
DATED: April 1, 2002
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
SERVICE BY FIRST CLASS MAlL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
TODD B. NARVOL, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
305 NORTH FRONT STREET
SIXTH FLOOR, P,O. BOX 999
HARRISBURG, PA 17108
(Attorney for Coble & Sunflower
Carriers,Inc.) (Plaintiffs)
VALLEY QUARRIES, INC.
297 QUARRY ROAD
CHAMBERSBURG, PA 17201
PROTECTION SERVICES, INC.
635 LUCKNOW ROAD
HARRISBURG, PA 17110
By:
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-787-2168 - Direct Dial
GERHARD SCHWAIBOLD ID #55379
Senior Deputy Attorney General
DATED: April 1, 2002
Todd B. Narvol, Esquire
Identification Number: 42136
Thomas, Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7133
Counsel for Plaintiffs
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: Civil 02-1429
pRAECIPE TO FILE ACCEPTANCE OF SERVICES
To the Prothonotary:
Please file the attached Acceptance of Service forms of record.
Respectfully submitted,
Thomas, Thomas & Hafer, LLP
by
Todd B. Narvol, I.D. No. 42136
305 N. Front Street
POB 999
Harrisburg, PA 17108-0999
r ate: q/Ir/0 Z-
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO,: Civil
ACCEPTANCE OF SERVICE
I accept service of the Writ of Summons on behalf of Defendant Department of
Transportation of the Commonwealth of Pennsylvania and certify that I am authorized to
do so.
JGerhard Schwaibold, Esquire Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Attorney for Defendant Department of
Transportation of the Commonwealth of
Pennsylvania
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/Ida
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: Civil
ACCEPTANCE OF SERVICE
I accept service of the Writ of Summons on behalf of Defendant Valley Quarries,
Inc. and certify that I am authorized to do so.
Bingaman, Hess, Coblentz & Bellevue
Suite 660
601 Penn Street
P.O. Box 51
Reading, PA 19603
Attorney for Defendant Valley Quarries,
Inc.
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing by
first class mail, postage prepaid, addressed to the following:
Thomas P. Bracaglia, Esq.
Kelly, MeLaughlin & Foster
620 W. Germantown Pike
Plymouth Meeting, PA 19462
Harry D. McMunigal, Esq.
Bingaman, Hess, Coblentz & Bellevue
Suite 660, 601 Penn Street
POB 51
Reading, PA 19603-0061
Gerhard Schwaibold, Esq.
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Thomas, Thomas & Hafer, LLP
by
Todd B. Narvol, I.D. No. 42136
305 N. Front Street
POB 999
Harrisburg, PA 17108-0999
JESSE RAY COBLE,
SUNFLOWER CARRIERS a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND CouIqTY, PENNSYLVANIA
: NO.: Civil
TO: Prothonotary
Kindly reissue a Writ of Summons on behalf of Plaintiffs Jesse Ray Coble and Sunflower Carriers,
a/k/a Sunflower Carders, Inc., against Defendant Protection Services, Inc., 635 Lucknow Road, Harrisburg,
Pennsylvania, 17110.
By:
305 North Front Street
Harrisburg, PA 17108
(717) 237-7133
Attorneys for Plaintiffs
TO: Protection Services, Inc.
635 Lucknow Road
Harrisburg, PA 17110
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIIcI~S HAVE COMMENCED AN
ACTION AGAINST YOU.
Date:
Prothonotary/Clerk, Civil Division
by:
Deputy
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing by
first class mail, postage prepaid, addressed to the following:
Thomas P. Bracaglia, Esq.
Kelly, McLaughlin & Foster
620 W. Germantown Pike
Plymouth Meeting, PA 19462
Harry D. McMunigal, Esq.
Bingaman, Hess, Coblentz & Bellevue
Suite 660, 601 Penn Street
POB 51
Reading, PA 19603-0061
Gerhard Schwaibold, Esq.
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Date:
Thomas, Thomas & Hafer, LLP
Todd B. Narvol, Esquire
KELLY, McLAUGHLIN & FOSTER, LLP
BY: Thomas P. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA, :
VALLEY QUARRIES, INC., AND :
PROTECTION SERVICES, INC. :
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO. CIVIL 02-1429
PRAECIPE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Kindly issue a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer
the entry of a Judgment of Non Pros.
KELLY, McLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO & WHITE, LLP
TH
Attol
Prote
oP. BRACAGLIA
r Defendant
~ion Services, Inc.
RULE TO FILE COMPLAINT
AND NOW, this ~/x day of f)~ ,2002 a Rule is hereby granted upon Plaintiffto
a Complaint herein within twe~(Y(20) d~tyS:~a~e~ ~cr~ce fi~r~of or suffer thc entry of a Judgment of
file
Non Pros. ~ ~:
~;OLDBECK M¢CAFFERTY & F4cKEEVER
BY: Joseph A. Goldbeck, 3r.
Attorney I.D. #16132
Suite .500 -The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD
CDC
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019-3931
VS,
Plaintiff
SAMUEL PALUMBO
SUSAN PALUMBO
(Mortgagor(s) and Record owner(s))
234 E. Old York Road
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
of Cumberland County
No. 0~-1429 CIVIL TERM
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
your
Kindly mark the
costs only.
above case Discontinued and Ended upon payment of
.~R., ESQUIRE
KELLY, McLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO & WHITE, LLP
BY: Thomas P. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA,
VALLEY QUARRIES, INC., AND
PROTECTION SERVICES, INC.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO. CIVIL 02-1429
DEFENDANT PROTECTION SERVICES, INC.'S MOTION
TO COMPEL DEPOSITION OF PLAINTIFF JESSE RAY COBLE
Defendant Protection Services, Inc., by and through its attorneys, Kelly, McLaughlin,
Foster, Bracaglia, Daly, Trabucco & White, LLP, hereby move this Honorable Court pursuant to
Pa.R.C.P. 4019(a) for an Order compelling Plaintiff Jesse Ray Coble to appear for deposition,
and aver in support thereof the following:
1. This contribution action arises from a May 25,. 1999 multiple vehicle accident
involving a tractor trailer owned by Plaintiff Sunflower Carders, Inc. and operated by Plaintiff
Jesse Ray Coble.
2. The underlying motor vehicle accident was the subject of prior litigation in the
Cumberland County Court of Common Pleas in the matters captioned Estate of Crystal Green v.
Sunflower Carders, et al. and Estate of Steve Karmend¥ v. Sunflower Carders, et al. which were
ultimately settled by Sunflower Carriers.
3. Protection Services, Inc. was joined in the Green and Karmendy actions as an
additional defendant.
4. Prior to the filing of the within contribution action, counsel for Protection Services,
Inc. sought to depose Defendant Jesse Ray Coble in the Green and Kamtendy cases, however,
Mr. Coble was never produced for deposition in those cases.
5. By letter dated January 31, 2002, counsel for Protection Services noticed Mr. Coble's
deposition for April 17, 2002. Tree and correct copies of the Notice of Deposition and counsel's
transmittal letter are attached hereto as Exhibit "A", collectively.
6. By letter dated March 21, 2002, counsel for Protection Service, Inc. advised that the
proposed date of April 17, 2002 was inconvenient for counsel for Defendant Valley Quarries,
Inc. and requested that counsel for Sunflower provide alternate dates for the deposition of Coble.
A true and correct copy of that correspondence is attached hereto as Exhibit "B".
7. By letter dated April 15, 2002, counsel for Protection Services, Inc. requested that
counsel for Sunflower advise when Mr. Coble would be produced for deposition. A true and
correct copy of that correspondence is attached hereto as Exhibit "C".
8. By letter dated April 19, 2002, counsel for Sunflower advised counsel for Protection
Services, Inc. that he declined to voluntarily produce Mr. Coble for deposition in this action prior
to an envisioned mediation because it would be "unnecessarily expensiye and time-consuming
under the circumstances" and is "premature"..A tree and correct copy of that correspondence is
attached hereto as Exhibit "D".
9. Protection Services, Inc. is clearly entitled to the deposition of Coble pursuant to the
Pennsylvania Rules of Civil Procedure as he is the driver that caused the accident and his actions
and observations are at the heart of Sunflower and Coble's action against Protection Services,
Inc.
10. Counsel for Sunflower may not detemdne the timing for Coble's deposition and may
not decline to produce his client for deposition because it will cost his client money or because of
some perceived litigation or settlement strategy. Pa.R.C.P. 4007.3.
11. Defendant Protection Services, Inc. is prejudiced in the preparation of its defense and
evaluation of Plaintiffs' claim by the refusal to produce Plaintiff Jesse Coble for deposition.
12. Pursuant to Pa.R.C.P. 4019(a), this Honorable Court is empowered to enter an Order
compelling a party to appear for deposition.
WItEREFORE, Defendant Protection Services, Inc. respectfully requests that this
Honorable Court grant its Motion and enter an Order compelling Plaintiff Jesse Coble to appear
for deposition within thirty (30) days.
DATED: .-~l~' 402-~
KELLY, McLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO & WHITE, LLP
Thom]as P. l~racaglia, Esquire
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
VS.
DEPARTMENT OF TRANS. OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., AND
PROTECTION SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
02-1429 CIVIL
IN RE: MOTION TO COMPEL OF DEFENDANT PROTECTION SERVICES INC.
ORDER
AND NOW, this 2'~ day of June, 2002, a brief argument on the within motion to
compel is set for Thursday, July 25, 2002, at 1:30 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
/Kimberly Bohl, Esquire
For the Plaintiffs
~Gary Schwaibold, Esquire
?clarry D. McMunigal, Esquire
Thomas Bracaglia, Esquire
:rim O
VA. Hess, J.
0/.-03-02
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: Civil 02-1429
:
:
AND NOW, Jesse Ray Coble and Sunflower Carriers, by and through their counsel
Thomas, Thomas & Hafer, LLP; and Wilma Mazingo and her husband Thomas Everett
Donaway and Kindrick Trucking Company, by and through their attorney, J. Polk Cooley, as
well as the Defendants in this action, by and through their undersigned attorneys, hereby
stipulate that the terms of the settlement agreement between the above-listed persons Coble,
Sunflower, Mazingo, Donaway and Kindrick--which settlement agreement was dated April 2,
2001, shall be provided to counsel for Valley Quarries, Inc.; Commonwealth of Pennsylvania,
Department of Transportation; and Protection Services, Inc., in the above-captioned action. It is
further stipulated that counsel for said parties shall keep the infmmation contained in the
settlement agreement confidential, and shall be permitted to use that information only for
purposes of negotiating, settling and litigating Coble's and Sunflower's contribution claim in the
above-captioned case.
J. ~{k~Cooley, J~squire '
Attorneys for Mazingo and
Kmdrick Truc.~'ng
Harry ~;dc~igal, Esquire
Attorne
Attorn
Date
£or Valley Quaries, Inc.
~ra~g~k~, Esquire Date
~or PrdIe~ion Services, Inc.
Todd B. Narvol, Esquire Date
Attorneys for Jess/e/Ray Coble
and ~91tnflower ~,arrriers a/k/a
· /Gary S~hwaibold, Esquire Date
Attorney for PennDOT
Page 1 of 2
JESSE RAY COBLE, and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
Plaintiffs
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
· NO.: Civil 02-1429
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
JURY TRIAL DEMANDED
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Amended Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with this Court your defenses or objections to
the claims set forth against you. You are wamed 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 LAVVYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT VVHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
JESSE RAY COBLE, and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: Civil 02-1429
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
JURY TRIAL DEMANDED
Defendants
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 de plazo al partir de la fecha de
la demanda y le notificacion. Usted debe presentar una apariencia escdta o en persona o por
abogado y arachivar en la corte en forma escrita sus defensas o sus objectiones a las demandas
en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y
puede entrar una orden contra usted sin previou 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 otms
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA
LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
JESSE RAY COBLE, and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: Civil 02-1429
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, Plaintiffs Jesse Ray Coble, Crete Carrier Corporation d/b/a
Sunflower Carriers, by and through their attorneys, Thomas, Thomas & Hafer, LLP, file
this Complaint, and in support thereof aver the following:
1. Plaintiff, Jesse Ray Coble, is an adult individual residing at W. 1645
Beresford Avenue, Deland, FL, 32720.
2. Plaintiff Crete Carrier Corporation d/b/a Sunflower Carriers is a
corporation doing business in the Commonwealth of Pennsylvania and organized and
existing under the laws of the state of Nebraska with a principal place of business at
558 W. 12th Street, York, Nebraska, 68467.
3. Defendant, Commonwealth of Pennsylvania, Department of
Transportation, is a governmental agency with offices located in the city of Harrisburg,
Dauphin County, Pennsylvania, with an address of Department of Transportation,
Executive Office, 555 Walnut Street, 9th Floor, Harrisburg, Pennsylvania.
4. Defendant, Valley Quarries, Inc. is a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania with a principal place of business
at 297 Quarry Road, Chambersburg, Pennsylvania 17201.
5. Defendant, Protection Services, Inc. is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, with a principal place of
business at 635 Lucknow Road, Harrisburg, Pennsylvania 17110.
6. This action arises out of claims with respect to a multiple-vehicle motor
vehicle accident that occurred on May 25, 1999, on Interstate 81 in South Newton
Township, Cumberland County, Pennsylvania.
7. On that date, Jesse Ray Coble was involved in that motor vehicle accident
on Interstate 81, while in the course and scope of his employment with Crete Carrier
Corporation d/b/a Sunflower Carriers.
8. As a result of the accident, Steve J. Karmendy, Jr., Crystal Green and Kay
Louise Russell died, Wilma Mazingo was injured and Kindrick Trucking suffered
property damage.
9. Also as a result of the accident, civil actions were filed against Jesse Ray
Coble, Crete Carrier Corporation d/b/a Sunflower Carriers, Department of
Transportation of the Commonwealth of Pennsylvania, Valley Quarries, Inc. and
Protection Services, Inc. in the Court of Common Pleas of Cumberland County,
Pennsylvania by Steve and Shirley Karmendy at No. 2000-2899 and Judith A. Green at
No. 99-6768.
10. Additionally, the Estate of Kay Louise Russell, Wilma Mazingo and
Kindrick Trucking pursued claims against Plaintiffs Coble and Sunflower.
2
11. The claims of Steve and Shirley Karmendy, individually and as
representatives of the Estate of Steve J. Karmendy, Jr. against Jesse Ray Coble and
Crete Carrier Corporation d/b/a Sunflower Carriers, were settled by written agreement
dated March 30, 2001, a copy of which agreement will have been provided to counsel
for each Defendant pursuant to confidentiality agreements between the parties;
Plaintiffs in this action jointly made settlement payments to Mr. and Mrs. Karmendy.
12. The claims of Judith A. Green, individually and as ^dministratrix of the
Estate of Crystal R. Green, and of Crystal Green's heirs, against Jesse Ray Coble and
Crete Carrier Corporation d/b/a Sunflower Carriers, were settled by written agreement
dated May 11, 2001, a copy of which agreement will have been provided to counsel for
each Defendant pursuant to confidentiality agreements between the parties; Plaintiffs in
this action jointly made settlement payments to Ms. Green.
13. The claims of VVilma Mazingo and Kindrick Trucking against Jesse Ray
Coble and Crete Carrier Corporation d/b/a Sunflower Carriers were settled by written
agreement dated April 2, 2001, a copy of which agreement will have been provided to
counsel for each Defendant pursuant to confidentiality agreements between the parties;
Plaintiffs in this action jointly made settlement payments to Ms. Mazingo and Kindrick
Trucking.
14. The claims of the Estate of Kay Louise Russell and her family against
Jesse Ray Coble and Crete Carrier Corporation d/b/a Sunflower Carriers were settled
by written agreement dated May 15, 2000, a copy of which agreement will have been
provided to counsel for each Defendant pursuant to confidentiality agreements between
3
the parties; Plaintiffs in this action jointly made settlement payments to the Estate of
Ms. Russell and to her family members.
15. The Releases executed by Judith ^. Green, Steve and Shirley Karmendy,
Wilma Mazingo, Kindrick Trucking, and the Estate of Kay Louise Russell released not
only the Plaintiffs in this action, but also the non-settling entities--the Commonwealth of
Pennsylvania, Department of Transportation, Valley Quarries, Inc. and Protection
Services, Inc.--and preserved Plaintiffs' rights to pursue contribution and/or indemnity
claims against Defendants.
16. The amounts paid for settlement of the above claims were fair and
reasonable under the circumstances of the particular claims/cases.
COUNT I - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ray Coble and Crete Carrier Corporation dlbla Sunflower Carriers v.
Department of Transportation of the Commonwealth of Pennsylvan;~
17. Plaintiffs, Jesse Ray Coble and Crete Carrier Corporation d/b/a Sunflower
Carriers incorporate by reference as though fully stated herein Paragraphs 1 through 16
of this Complaint.
18. At the time of the accident, Defendant Department of Transportation of the
Commonwealth of Pennsylvania (hereinafter referred to alternatively as "PennDOT")
had authority and the duty to erect warning signs and traffic control devices to warn
operators of motor vehicles on the aforementioned public highway of the danger posed
by construction at or near the place of the accident.
19. It is believed and therefore averred that Defendant PennDOT had or
should have had an agreement or arrangement with the Pennsylvania State Police to
have the police place marked police cars south of the construction zone on which
4
Defendant Valley Quarries, Inc. was working, in a manner that would warn approaching
motorists of current traffic conditions caused by the construction.
20. At all times relevant hereto, a dangerous condition existed at or near the
scene of the aforementioned accident due to (a) the darkness, rural location, changing
direction and rolling topography of the aforementioned public road; (b) the placement
and ineffective quality of traffic control devices and signs, and (c) the traffic slowed by
the construction activity taking place at the time of the accident.
21. At all times relevant hereto, Defendant Department of Transportation of
the Commonwealth of Pennsylvania had and/or assumed a duty to provide and/or erect
traffic control devices and warning signs in order to warn motor vehicle operators of the
hazardous conditions posed by construction on the aforementioned public road; had
and/or assumed a duty to monitor current traffic conditions leading up to the
construction site; and had and/or assumed a duty to instruct and/or utilize the State
Police in a manner that would position a marked police car in an area that would
reasonably warn and best protect the motoring public, against dangerous and changing
traffic conditions.
22. The negligence and carelessness of the Defendant Department of
Transportation of the Commonwealth of Pennsylvania, which was a cause of the
aforementioned accident, consisted of:
(a) Defendant Department of Transportation of the Commonwealth of
Pennsylvania's failure to erect or cause to be erected an illuminated
and active message board south of the location of the
aforementioned accident at a point reasonably calculated to warn
5
and instill a reasonable sense of urgency in operators of vehicles
approaching the aforementioned accident scene from the south of
slowing traffic;
(b) Defendant Department of Transportation of the Commonwealth of
Pennsylvania's failure to erect or cause to be erected an illuminated
arrow board south of tile location of the aforementioned accident at
a point reasonably calculated to warn operators of vehicles
approaching the aforementioned accident scene from the south of
slowing and/or merging traffic in advance of the construction zone
on Interstate 81;
(c) Defendant Department of Transportation of the Commonwealth of
Pennsylvania's failure to erect or cause to be erected reflective and
conspicuous speed and warning signs not subject to distortion by
the wind at a point south of the location of the aforementioned
accident reasonably calculated to warn operators of vehicles
approaching the aforementioned accident scene from the south of
slowing and/or merging traffic;
(d) Defendant Department of Transportation of the Commonwealth of
Pennsylvania's failure to inspect the placement of traffic control
devices and signs to insure compliance with its approved sign plan
and to discover any non-compliance with said sign plan and warn
vehicle operators of the same;
6
(e) Defendant Department of Transportation of the Commonwealth of
Pennsylvania's failure to insure that stable illuminated and reflective
traffic control devices and signs were placed in proximity to the
construction zone;
(f) Defendant PennDOT's failure to adequately instruct or utilize the
State Police in a manner to ensure that the police had a marked
patrol unit with flashing lights located in a place that would better
protect the motoring public in general, and Jesse Coble and the
aforementioned Claimants in particular;
(g) Defendant PennDOT's failure to monitor or provide for the
monitoring of current traffic conditions to be able to warn motorists
about changing traffic conditions; and/or
(h) Providing an inadequately designed sign plan or failing to provide
an adequately designed sign plan for the specific construction
project, given the nature of the specific roadway in the overall areas
of the construction project, such that motorists would be reasonably
warned of the dangerous condition of the roadway leading up to the
construction area.
23. Jesse Coble and the aforementioned claimants reasonably relied on
PennDOT to carry out its duties in a non-negligent manner.
24. ,As a direct and proximate result of the PennDOT's negligence, the
aforementioned claimants suffered the damages for which Plaintiffs here have paid
7
settlement money; PennDOT's negligence was a substantial factor in causing those
damages.
25. As a result of the actions and/or inactions of Defendant Department of
Transportation of the Commonwealth of Pennsylvania, as described more fully above,
Defendant Department of Transportation of the Commonwealth of Pennsylvania is
wholly or partially responsible or jointly and severally liable with the other defendants for
the settlement amounts paid by Plaintiffs Jesse Ray Coble and Crete Carrier
Corporation d/b/a Sunflower Carriers.
26. Consequently, Plaintiffs Jesse Ray Coble and Crete Carrier Corporation
d/b/a Sunflower Carriers. are entitled to common law indemnification from Defendant
Department of Transportation of the Commonwealth of Pennsylvania.
27. In the alternative, if it is determined that Plaintiffs, Jesse Ray Coble and/or
Crete Carrier Corporation d/b/a Sunflower Carriers were negligent, which is denied,
Plaintiffs are entitled to contribution from Defendant Department of Transportation of the
Commonwealth of Pennsylvania, on the basis of pro rata ioint tortfeasor liability.
WHEREFORE, Plaintiffs, Jesse Ray Coble and Crete Carrier Corporation d/b/a
Sunflower Carriers demand judgment against Defendant Department of Transportation
of the Commonwealth of Pennsylvania in an amount equal to or less than the amount
Plaintiffs paid to the aforementioned claimants, or such other amount as the Court
deems appropriate, plus interest, costs and attorney fees incurred in collecting said
amount.
8
COUNT II - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ray Coble and Crete Carrier Corporation d/bla Sunflower Carriers v.
Valle_y___~ries Inc.
28. Plaintiffs, Jesse Ray Coble and Crete Carrier Corporation d/b/a Sunflower
Carriers incorporate by reference as though fully stated herein Paragraphs 1 through 27
of this Complaint.
29. At all times relevant hereto, Defendant Valley Quarries, Inc. was under
contract with PennDOT and was engaged in the reconstruction and/or repair of
Interstate 81 at or near the place of the aforementioned accident.
30. At all times relevant hereto, a dangerous condition existed at or near the
scene of the aforementioned accident due to (a) the darkness, rural location, changing
direction and rolling topography of the aforementioned public road; (b) the placement
and ineffective quality of traffic control devices and signs; and (c) the traffic slowed by
the construction activity at the time of the accident.
31. At all times relevant hereto, Defendant Valley Quarries, Inc. had a duty
and/or assumed duty to provide and/or erect effective traffic control devices and
warning signs in order to warn motor vehicle operators of the hazardous conditions
posed by construction on the aforementioned public road; and had a duty to monitor
current traffic conditions leading up to the construction zone so that it could timely alter
the warnings to warn motorists of changing dangerous conditions, including but not
limited to changing sign messages and/or coordinating with the State Police to move
their cruisers to positions that would more adequately warn the motoring public of
changed traffic conditions.
9
32. The negligence and carelessness of the Defendant Valley Quarries, Inc.,
which was a cause of the aforementioned accident, consisted of:
(a) Defendant Valley Quarries, Inc.'s failure to erect or cause to be
erected an illuminated and active sign board south of the location of
the aforementioned accident at a point reasonably calculated to
warn operators of vehicles approaching the aforementioned
accident scene from the south of slowing and/or merging traffic;
(b) Defendant Valley Quarries, Inc.'s failure to erect or cause to be
erected an illuminated arrow board south of the location of the
aforementioned accident at a point reasonably calculated to warn
operators of vehicles approaching the aforementioned accident
scene from the south of slowing and/or merging traffic in advance
of the construction zone on Interstate 81;
(c) Defendant Valley Quarries, Inc.'s failure to erect or cause to be
erected reflective and conspicuous speed and warning signs not
subject to distortion by the wind at a point south of the location of
the aforementioned accident reasonably calculated to warn
operators of vehicles approaching the aforementioned accident
scene form the south of slowing and/or merging traffic;
(d) Defendant Valley Quarries, Inc.'s failure to inspect the placement of
traffic control devices and signs to insure compliance with its
approved sign plan and to discover any non-compliance with said
sign plan and warn vehicle operators of the same;
10
(e) Defendant Valley Quarries, Inc.'s failure to insure that stable
illuminated and reflective traffic control devices and signs were
placed in proximity to the construction zone; and/or
(f) Defendant Valley Quarries' failure to continuously or continually
monitor current traffic conditions---created by the construction--and
alter its warning signs in such a manner, and/or coordinate with the
State Police to move their cruiser(s) to a location, that would
reasonably adequately warn the monitoring public about current
traffic conditions.
33. Jesse Coble and the aforementioned Claimants reasonably relied on
Valley Quarries to carry out is duties on a non-negligent manner.
34. As a direct and proximate result of Valley Quarries' negligence, the
aforementioned claimants suffered the damages for which the Plaintiffs here have paid
settlement money; Valley Quarries' negligence was a substantial factor in causing those
injuries.
35. As a direct and proximate result of the actions and/or inactions of
Defendant Valley Quarries, Inc., as described more fully above, Defendant Valley
Quarries, Inc., is wholly or partially responsible for, or jointly and severally liable with the
other Defendants for the settlement amounts paid by Plaintiffs Jesse Ray Coble and
Crete Carrier Corporation d/b/a Sunflower Carriers.
36. Consequently, Plaintiffs, Jesse Ray Coble and Crete Carrier Corporation
d/b/a Sunflower Carriers are entitled to common law indemnification from Defendant
Valley Quarries, Inc.
11
37. In the alternative, if it is determined that Plaintiffs Jesse Ray Coble and/or
Crete Carrier Corporation d/b/a Sunflower Carriers were negligent, which is denied,
then Plaintiffs are entitled to contribution from Defendant Valley Quarries, Inc., on the
basis of pro rata joint torffeasor liability.
WHEREFORE, Plaintiffs Jesse Ray Coble and Crete Carrier Corporation d/b/a
Sunflower Carriers demand judgment against Defendant Valley Quarries, Inc. in an
amount equal to or less than the amount Plaintiffs paid to the aforementioned
Claimants, or such other amount as the Court deems appropriate, plus interest, costs
and attorney fees incurred in collecting said amount.
COUNT III - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ray Coble and Crete Carrier Corporation d/bla Sunflower Carriers v.
Protection Services, Inc.
38. Plaintiffs Jesse Ray Coble and Crete Carrier Corporation dfo/a Sunflower
Carriers incorporate by reference as though fully stated herein Paragraphs 1 through 37
of this Complaint.
39. At all times relevant hereto, Defendant Protection Services, Inc. had
entered into a contract with Defendant Valley Quarries, Inc. by which contract Protection
Services, Inc. was obligated to provide to Defendant Valley Quarries, Inc. signs and
traffic control devices that would remain visible and stable in movement in their physical
location along that portion of Interstate 81 where the construction work was being
performed and where the aforementioned accident occurred.
40. At all times relevant hereto, Defendant Protection Services, Inc. had a
duty and/or assumed a duty to provide reasonably adequate and conspicuous traffic
12
control devices and warning signs in order to warn motor vehicle operators of the
hazardous conditions posed by construction on the aforementioned public road.
41. Defendant Protection Services, Inc. knew or should have known of the
nature of the highway leading up to the construction zone, particularly its darkness, rural
location, changing direction and rolling topography, all of which necessitated warning
signs that would remain conspicuous at night.
42. The negligence and carelessness of the Defendant Protection Services,
Inc., which was a cause of the aforementioned accident, consisted of:
(a) Defendant Protection Services, Inc.'s failure to supply traffic control
devices and other signs that would be and would remain visible and
conspicuous in their physical location in order to warn approaching
vehicle operators traveling on Interstate 81--which was dark, rural,
changing in direction and rolling in topography---of the hazardous
condition existing on that highway, in the form of the construction
activities taking place in that area;
(b) Defendant Protection Services, Inc.'s failure to supply traffic control
devices and other signs that would remain stable and upright, and
therefore legible and conspicuous, in their physical location in order
to warn approaching vehicle operators traveling on Interstate 81 of
the approaching construction work, such that they would have been
reasonably apprised of the construction activities taking place in
that area and its associated dangers; and/or
13
(c) The fact that a substantial portion of the signs provided by
Protection Services, Inc. were prone to tilting and swaying, and
therefore illegible and inconspicuous at night, and therefore
inadequate collectively to convey a sufficient warning or sense of
urgency to motorists on the roadway, including but not limited to
Jesse Coble.
43. Jesse Coble and the aforementioned claimants reasonably relied on
Protection Services, Inc. to carry out its duties in a non-negligent manner.
44. As a direct and proximate result of Protection Services, Inc.'s negligence,
as set forth above, the aforementioned claimants suffered the damages for which the
Plaintiffs here have paid the settlement money; Protection Services, Inc.'s negligence
was a substantial factor in causing those damages.
45. As a result of the actions and/or inactions of Defendant Protection
Services, Inc., as described more fully above, Defendant Protection Services Inc. is
wholly or partially responsible or jointly and severally liable with the other Defendants for
the settlement amounts paid by Plaintiffs Jesse Ray Coble and Crete Carrier
Corporation d/b/a Sunflower Carriers.
46. Consequently, Plaintiffs Jesse Ray Coble and Crete Carrier Corporation
d/b/a Sunflower Carriers are entitled to common law indemnification from Defendant
Protection Services, Inc.
47. In the alternative, if it is determined that Plaintiffs, Jesse Ray Coble and/or
Crete Carrier Corporation d/b/a Sunflower Carriers were negligent, which is denied,
14
then Plaintiffs are entitled to contribution from Defendant Protection Services, Inc., on
the basis of pro rata joint tortfeasor liability.
WHEREFORE, Plaintiffs Jesse Ray Coble and Crete Carrier Corporation d/b/a
Sunflower Carriers demand judgment against Defendant Protection Services, Inc. in an
amount equal to or less than the amount paid by Plaintiffs to the aforementioned
Claimants, or such other amount as the Court deems appropriate, plus interest, costs
and attorney fees incurred in collecting said amount.
Respectfully submitted,
r, LLP
Date: (O !j J e J '07..--- Todd B. Narvol, Esquire
I.D. No. 42136
:142745.1 Kimberly A. Bohle, Esquire
I.D. No. 87565
305 N. Front Street
POB 999
Harrisburg, PA 17108-0999
Attorneys for Plaintiffs
15
rom-CAPI~L CAS~'kL'Y 4024T5~006 T-BT8 P005/003 F-2~8
-~, David L. Br~n, a:'represen~ative of Cre~e Carrier
Corp,.~ra~ion ,~/~/a Sunflc~,er Ca_~_~iers, hereby'
............... y ~ha~
a ;e_..~nt~ .]=~e in ~k~ ~cre~c~n%~ ~.~cument a~:~ ~r~ and correct.
~he penalties cf 18 Pa. C.S.A, 4904 r~!a~ing ~o unsworn
falsifacation ~c authorities.
RecelveU 08-03-2002 05:5Q From-
,~882 28:8]
VERIFICATION
I, Jesse Coble, her:by x.'er!~ tltal' the averments made in the £ovcgoing document ate i'cue
and correct. I understand tha~ false statements herein aze made subject to the penalties of 18 Pa.
C.S.A. 4904 relating to ux~sworn falsi~cation to authorities,
Date:
ZUN-i 1-2002 09:30 i3867389664 ~?~ P.O~
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a tree and correct copy of the foregoing by
first class mail, postage prepaid, addressed to the following:
Thomas P. Bracaglia, Esq.
Kelly, MeLaughlin & Foster
620 W. Germantown Pike
Plymouth Meeting, PA 19462
Harry D. McMunigal, Esq.
Bingaman, Hess, Coblentz & Bellevue
Suite 660, 601 Penn Street
POB 51
Reading, PA 19603-0061
Gerhard Schwaibold, Esq.
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Thomas, Thomas & Hafer, LLP
by
Apr[ L. Casper, Secretary~
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/kda
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
: NO.: Civil 02-1429
:
.
AND NOW, Jesse Ray Coble and Sunflower Carriers, by and through their counsel
Thomas, Thomas & Hafer, LLP; and Wilma Mazingo and her husband Thomas Everett
Donaway and Kindrick Trucking Company, by and through their attorney, J. Polk Cooley, as
well as the Defendants in this action, by and through their undersigned attorneys, hereby
stipulate that the terms of the settlement agreement between the above-listed persons~Coble,
Sunflower, Mazingo, Donaway and Kindrick which settlement agreement was dated April 2,
2001, shah be provided to counsel for Valley Quarries, Inc.; Commonwealth of Pennsylvania,
Department of Transportation; and Protection Services, Inc., in the above-captioned action. It is
further stipulated that counsel for said parties shall keep the information contained in the
settlement agreement confidential, and shall be permitted to use that information only for
purposes of negotiating, settling and litigating Coble's and Sunflower's contribution claim in the
above-captioned case.
J. ~k~Cooley, ~squire
Attorneys for .Mazingo and
· ~..'~d:'ick Tr~.,ck. ln~
H d~r~cdal, Esquire
Attorne' for Valley Quaries, Inc.
Th'oYm
Attorn,
.~ ", ~ ~ ~
Date
~[ac arg~ k~,, ~ssquire Dat---~
,or Prd~ion Services, Inc.
odd B. Narvol, Esquire Date
Attorneys for Jes~/Ray Coble
and ~Itn~omer ~a/rriers a/k/a
/~a~ Se~waigold, Esquire Date
Attorney for PennDOT
Page 1 of 2
AND NOW, this _L~__~day of ~'~o'-~ ~_. ,2002, the Court hereby
approves the above Stipulation, and Orders the parties to honor the confidentiality provisions of
the above stipulation.
Page 2 of 2
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. McMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMISSING, PA 19610
(610) 374-8377
(610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, INC.
IN THE COURT OF COMMON PLEAS Ol~'
CUMBERLAND COUNTY, PENNSYLVANIA
JESSE RAY COBLE and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY QUARRIES,
INC. and PROTECTION SERVICES, INC.
CIVIL ACTION - LAW
NO. 02-1429
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Kindly enter my appearance for Defendant, Valley Quarries, Inc., with offices located at
Treeview Corporate Center, Suite 100, 2 Meridian Blvd., Wyomissing, Pennsylvania 19610, as
the place within the County of Berks where papers, process and notices may be served.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
DATED:
Harry D.tlglclglunigal, Esquire
JESSE RAY COBLE,
SUNFLOWER CARRIERS, affda
SUNFLOWER CARRIERS, 1NC.,
Plaintiffs
VS.
DEPARTMENT OF TRANS. OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., AND
PROTECTION SERVICES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-1429 CIVIL
IN RE: SETTLEMENT CONFERENCE
ORDER
AND NOW, this 5'o ~ day of August, 2002, a settlement conference in the above
captioned matter is set for Wednesday, October 16, 2002, at 1:30 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, PA.
~FoOdd B. Narvoll, Esquire
r the Plaintiffs
~Foerhard Schwaibold, Esquire
r PennDOT
/flOFoan Depfer, Esquire
r Protection Services, Inc.
BY THE COURT,
/~or V McMunigal, Esquire
alley Quarries, Inc.
:rim
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a :
SUNFLOWER CARRIERS, INC., :
Plaintiffs
V
DEPARTMENT OF TRANS. OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., AND :
PROTECTION SERVICES, INC.,:
Defendant :
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-1429 CIVIL TERM
MOTION TO COMPEL OF DEFENDANT
PROTECTION SERVICES, INC.
ORDER OF COURT
AND NOW, this 29th day of August, 2002, the
motion of the defendant Protection Services, Incorporated, to
compel the deposition of plaintiff Jesse Ray Coble is granted.
Said deposition, however, shall not be scheduled earlier than
sixty days from today. The court is entering this order in the
hope that the parties will engage in settlement negotiations
and/or mediation in the meantime.
By the Court,
Todd B. Narvol, Esquire
.,,-'Attorney for Plaintiff
Gerhard Schwaibold, Esquire
Attorney for PennDOT
Joan Depfer, Esquire
~/~ttorney for Protection Services, Inc.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. McMLrNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMISSING, PA 19610
(610) 374-8377
(610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JESSE RAY COBLE and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY QUARRIES,
1NC. and PROTECTION SERVICES, INC.
CIVIL ACTION - LAW
NO. 02-1429
JURY TRIAL DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Answer and New Matter
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 judgrnent may be entered
against you by the court with only such further notice to you as may be required by law, for any
money claimed in the Answer and New Matter or for any other claim or relief requested by the
defendant. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: 717-249-3166
BINGAMAN, HESS, COBLENTZ 8,; BELL, P.C.
BY: HARRY D. McMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMISS1NG, PA 19610
(610) 374-8377
(610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, 1NC.
IN THE COURT OF COMMON PLEAS Ol~
CUMBERLAND COUNTY, PENNSYLVANIA
JESSE RAY COBLE and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
CIVIL ACTION - LAW
NO. 02-1429
DEPARTMENT OF TRANSPORTATION OF :
THE COMMONWEALTH OF :
PENNSYLVANIA, VALLEY QUARRIES, :
INC. and PROTECTION SERVICES, INC. :
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIMS
OF DEFENDANT VALLEY QUARRIES, INC.
TO PLAINTIFFS' COMPLAINT
1. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 1
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at thai.
2. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 2
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
3. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 3
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
4. Admitted.
5. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 5
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
6. Admitted.
7. Upon information and belief, this allegation is admitted.
8. Admitted.
9. Admitted.
10. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph
10 of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if
relevant, is demanded at trial.
11-14. Admitted.
15. To the extent that the allegations of paragraph 15 refer to the contents of
documents in existence and in writing, the terms of which speak for themselves, no responsive
pleading is required.
16. Denied. The allegations of paragraph 16 constitute conclusions of law to which
no response is required.
COUNT I
17-27. To the extent that the allegations of Count I of Plaintiffs' Complaint are directed
to a Defendant other than answering Defendant, no responsive pleading is required.
COUNT II
28. Answering Defendant incorporates herein by reference as though fully set forth at
length paragraphs 1 through 27 of its Answer.
29. Admitted.
30. Denied. It is specifically denied that any dangerous condition existed at or near
the referenced location due to any of the factors identified by Plaintiffs in paragraph 30 of their
Complaint.
31.
Denied. The allegations of paragraph 31 constitute conclusions of law to which
no response is required. To the extent that responsive pleading is required, it is specifically
denied that answering Defendant had or assumed or any duty to provide or erect effective traffic
control devices or warning signs, or that it had a duty to monitor current traffic conditions
leading up to the construction zone, or that it had any obligation to alter warnings or sign
messages at the scene.
32. Denied. The allegations of paragraph 32 constitute conclusions of law to which
no response is required. To the extent that responsive pleading is required, it is specifically
denied that answering Defendant acted negligently or carelessly at any relevant time herein. It is
further specifically denied that answering Defendant's conduct was a cause of the referenced
motor vehicle accident.
a. It is specifically denied that answering Defendant acted negligently in
failing to erect or cause to be erected an illuminated and active sign board so as to warn operators
of vehicles approaching the location from the south of slowing and/or merging traffic, or that it
failed to do so in the first place, or that it had any duty to do so;
b. It is specifically denied that answering Defendant acted negligently in
failing to erect or cause to be erected an illuminated arrow board south of the location of the
referenced accident, so as to warn operators of approaching vehicles of slowing or merging
traffic, or that it failed to do so in the first place, or that it had any duty to do so;
c. It is specifically denied that answering Defendant acted negligently in
failing to erect or cause to be erected speed or warning signs not subject to wind distortion so as
to warn operators of approaching vehicles of slowing or merging traffic, or that it failed to do so
in the first place, or that it had any duty to do so;
d. It is specifically denied that answering Defendant acted negligently in
failing to inspect the placement of traffic control devices to insure compliance with any sign
plan, or to discover any non-compliance with the sign plan, or that it failed to do so in the first
place, or that it had any duty to do so;
e. It is specifically denied that answering Defendant acted negligently in
failing to insure that stable illuminated and reflective traffic control devices and signs were
placed in proximity to the construction zone, or that it failed to do so in the first place, or that it
had any duty to do so; and
f. It is specifically denied that answering Defendant acted negligently in
failing to monitor current traffic conditions created by the construction, and alter its warning
signs so as to warn the monitoring public about current traffic conditions, or that it failed to do so
in the first place, or that it had any duty to do so.
33. Denied. The allegations of paragraph 33 constitute conclusions of law to which
no response is required.
34-35. Denied. The allegations of paragraphs 34 and 35 constitute conclusions of law to
which no response is required. To the extent that responsive pleading is required, after
reasonable investigation, answering Defendant is without information sufficient to form a belief
as to the truth or accuracy of these allegations, and the same are accordingly denied. Specific
proof thereof, if relevant, is demanded at trial.
36-37. Denied. The allegations of paragraphs 36 and 37 constitute conclusions of law to
which no response is required.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs.
COUNT III
38-47. To the extent that the allegations of Count III of Plaintiffs' Complaint are directed
to a Defendant other than answering Defendant, no responsive pleading is required.
NEW MATTER
48. Plaintiffs' Complaint fails to state a claim upon which relief can be granted.
49. Plaintiffs' claim, if any, may be barred by the applicable statute of limitations.
50. Plaintiffs' claims herein for contribution and/or indemnification, if any, may be
barred by the active, primary and superseding independent negligence of Plaintiff Jesse Ray
Coble and/or Crete Cartier Corporation d/b/a Sunflower Carders.
51. Plaintiffs' claim, if any, may be barred by the doctrine of estoppel.
52. The settlement amounts paid to or on behalf of the injured parties referenced
herein were not fair and reasonable under the circumstances.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs.
NEW MATTER IN THE NATURE OF A
CROSSCLAIM PURSUANT TO Pa.R.C.P. 2252(d)
COUNT I
VALLEY QUARRIES, INC. v. DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA
AND PROTECTION SERVICES, INC.
53. Answering Defendant incorporates herein by reference as though fully set forth at
length the allegations of Plaintiffs' Complaint, without admitting or denying same.
54. To the extent that Plaintiffs are entitled to contribution and/or indemnification as
they claim, which is specifically denied, then said claims arise, not as a result of any negligence,
carelessness or recklessness of answering Defendant, but rather solely and exclusively as a result
of the negligence, carelessness and recklessness of Defendants Department of Transportation of
the Commonwealth of Pennsylvania and Protection Services, Inc.
55. Defendants Department of Transportation of the Commonwealth of Pennsylvania
and Protection Services, Inc. should therefore be held solely liable to the Plaintiffs, jointly and
severally liable to the Plaintiffs, and/or liable over to answering Defendant on any judgment that
may be entered in favor of Plaintiffs and against answering Defendant.
WHEREFORE, answering Defendant respectfully requests that Defendants Department
of Transportation of the Commonwealth of Pennsylvania and Protection Services, Inc. be held
solely liable to the Plaintiffs, jointly and severally liable to the Plaintiffs, and/or liable over to
answering Defendant on any judgment that may be entered in favor of Plaintiffs and against
answering Defendant.
COUNT II
VALLEY QUARRIES, INC. v. PROTECTION SERVICES, INC.
56. Answering Defendant incorporates herein by reference as though fully set forth at
length the allegations of Plaintiffs' Complaint, without admitting or denying same.
57. At all times relevant herein Defendant Protection Services, Inc. had entered into
an agreement with Defendant Valley Quarries, Inc., in which, for appropriate consideration,
Defendant Protection Services, Inc. agreed to supply traffic control devices and warning signs
that would remain visible and stable in movement in their physical location in, near, and
approaching the area where the construction work was being performed and carded out. A true
and correct copy of pertinent portions of this Agreement is attached hereto as Exhibit "A", and
incorporated herein by reference as though fully set forth at length.
58. Paragraph 2 of this Agreement provides as follows:
SUBCONTRACTOR, [Protection Services, Inc.] ... shall
indemnify and save harmless the CONTRACTOR [Valley
Quarries, Inc.] and the Pennsylvania Department of Transportation
and their officers, agents, and employees, from and against all
suits, actions, or claims, of any character or description, including,
but not limited to, personal injury, death or property damage,
arising out of the acts or omissions of SUBCONTRACTOR, or
SUBCONTRACTOR'S officers, agents, or employees of his
SUBCONTRACTORS...
59. If Plaintiffs are entitled to contribution and/or indemnification as they claim,
which is specifically denied, then it is averred that such claim arises out of the acts or omissions
of Defendant Protection Services, Inc., as more fully described in Plaintiffs' Complaint.
60. Pursuant to the terms of Paragraph 2 of this referenced Agreement, therefore,
Defendant Protection Services, Inc. has an obligation to indemnify and save harmless answering
Defendant from the claims brought by the Plaintiffs herein.
61. Defendant Protection Services, Inc. should therefore be held solely liable to the
Plaintiffs, jointly and severally liable to the Plaintiffs and/or liable over to answering Defendant
on any judgment that may be entered in favor of Plaintiffs and against answering Defendant.
WHEREFORE, answering Defendant Valley Quames, Inc. demands that Defendant
Protection Services, Inc., be held solely liable to the Plaintiffs, jointly and severally liable to the
Plaintiffs and/or liable over to answering Defendant on any judgment that may be entered in
favor of Plaintiffs and against answering Defendant.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
;arry' ~. M~cMu~gal,~E~ ire
10176-853
VERIFICATION
I, j. Joseph Zimmerman , state that I am a representative of the Defendant, Valley
Quarries, Inc., in the within action and that the facts set forth in the foregoing Defendant's Answer
with New Matter and New Matter Crossclaims to Plaintiffs' Complaint are tree and correct to the
best of my knowledge, information and belief. I understand that false statements herein made are
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities.
Dated: 09/10/02
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. McMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMISSING, PA 19610
(610) 374-8377
(610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, INC.
IN THE COURT OF COMMON PLEAS OP'
CUMBERLAND COUNTY, PENNSYLVANIA
JESSE RAY COBLE and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY QUARRIES,
INC. and PROTECTION SERVICES, INC.
CIVIL ACTION - LAW
NO. 02-1429
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Harry D. McMunigal, Esquire, hereby certify that a tree and correct copy of the foregoing
Defendant's Answer with New Matter and New Matter Crossclaims to Plaintiffs' Complaint was
mailed by United States first class mail, postage prepaid upon the following party(ies):
Todd B. Narvol, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Harrisburg, PA 17108
Gerhard Schwaibold, Esquire
Commonwealth of Pennsylvania
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
DATE: ~' Ia. 'O ~
Thomas P. Bracaglia, Esquire
KELLY, MCLAUGHLIN & FOSTER
1617 JFK Blvd., Suite 1690
Philadelphia, PA 19103
Harry ~uire
THIS AG~R~T, rode this 20th day of July, 1998 by a~d bergen
VALLEY QUARRIES, INC., a Pennsylvania corporation with principal
offices at 297 Quarry Road, Chambersbur~, PA 17201, hereinafter
referred to as 'CONTRACTOR- and Protection Services, Inc., 635
Lucknow Hoad, Harrisburg, PA 1711~ as "SUBCOIvi-KAL-"fOR-.
W I TNE S SET H
WHEREAS, CONTRACT6R has entered into a contract with the
Co~onwea It h of Pennsylvania, Department of Transportation,
Harrisburg,. Pennsylvania, for the construction of-
· : . Cumberland County
S/~ 0081-020
Contract No. 082189
WHEP. EAS, CONTRACTOR and SUBCONTRACTOR desire to enter into an
agreement whereby SUBCONTRACTOR will perform certain items of work
included in said contract between CONTRACT-OR an~ the Commonwealth
of Pennsylvania, Department of Transportation for a consideration
to be paid as set forth herein:
NOW THeREFOrE, CO~T~ACTOR and SUBCONTRACTOR agree as follows:
1. SUBCONTRACTOR shall furnish all labor,-~quipment, too~,
materials, services and other things necessary to complete and
shall complete the following items of work as listed in and in
accordance with the aforesaid contract between CONTRACTOR and the
Commonwealth of Pennsylvania, Department of Transportation, and the
plans, contract proposal, specifications, conditions and other
documents forming a part of said contract, and CONTRACTOR agrees to
pay SUBCONTRACTOR at the unit prices set forth herein:
EXHIBIT A 0 0'5
2. SUBCONTRACTOR shall provide Workmen's Compensation, Public
Liability and Proper~y Damage Insurance ' and other Casualty
Insurance in ~he l~mits required by CONTRACTOR and in accordance
with the Peruleylvania Depert~ent of Transpor~ation'e Specifications
and shall indemnify and save harmless the CONTRACTOR and-Ohm
Pennsylvania Department of Transpor~ation and their officers,
age,ts, and employees, from and against all suAts, action~ or
ol&~, of any character or descrAption, including but not limAted ~
to, personal injury, death or pro~er~y damage, arisin~ out of the
acts or o~ieeions of $0~CONTRACTOR or SUBCONTRACTOR'S officers,
agents, or e~ployees of has subcontractors. No~hing An thAs
Agreement shall be construed as constituting SUBCO~TKACTOR as other
~han an independent subcontractor of CONTRACTOR and SUBCONTRACTOR
shall be end remaAn fully responsible for any loss or damage caused
b~ SuBCOk-£~ACTOR or by. SUBCONTRACTOR' S officers, agents, euaployee$ ..
or subcontractors.
. 3. SUBCONTRACTOR shall pay all payroll taxes that are required
of At and shell furnish CONTRACTOR with cer~ified copies of payroll
end/or supply certAfications as may be required by CONTRACTOR and
~he Pennsylvania Department of Transportation.
4. CON~ACTOR shall provide access on the right-of-way where
necessary for SUBCONTRACTOR.
5. SUBCONTRACTOR shall leave all areas in whAch At operated
in a condition acceptable to CONTRACTOR and the Pennsylvania
Department of Transpor~atAon.
6. SUBCONTRACTOR shall negotiate, togethev with CONTRACTOR,
to have &ll utilitiee and obstruc~i0ns removed from or relocated
within the construction areas, provided, however that no~hing
herein contained shall make CONTRACTOR liable t~SUBCONTRACTOR'Ebr
any delays or hindrances, regardless of duration or extent, caused
by the failure of the Pennsylvania Department of Transportation or
the owners of structures (including public utility facilities) on,
under or over the project to adjust, remove or relocate such
structures. In the event that SUBCONTRACTOR encounters such delays
~r hindrances, prompt written notice thereof shall be given to
CONTRACTOR.
THOMAS, THOMAS & HAFER, LLP
Todd B. Nm'vol, Esquire
Pa. IDNo.: 42136
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7133
Attorneys for Plaintiff~
JESSE RAY COBLE,
SUNFLOWER CARRIERS a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
Vo
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
.
:
:
: NO.: Civil O2-1429
'.
:
.
PLAINTIFFS' REPLY TO DEFENDANT VALLEY QUARRIES, INC.'S
NEW MATTER
AND NOW, Plaintiffs Jesse Ray Coble and Crete Carrier Corporation d/b/a Sunflower
Carriers files this Reply to Defendant Valley Quarry, Inc.'s New Matter, and in support thereof
avers the following:
48 - 52. Plaintiffs incorporate by reference as though fully set forth herein the
averments and allegations contained in their Complaint, which is on file with the Court. Beyond
this, Defendant Valley Quarry, Inc.'s New Matter defenses and allegations are denied as
conclusions of law to which no response is required, and further pursuant to Pa.R.Civ. P. 1029(e).
WHEREFORE, Plaintiffs demand judgment in their favor, as originally pled in their
Complaint.
Respectfully submitted,
Date:
by
Thomas, Thomas & Haler, LLP
305 N. Front Street
POB 999
Harrisburg, PA 17108-0999
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to
authorities, I hereby certify that the facts set forth in the foregoing document are tree and correct to
the best of my knowledge, information and belief; and that I am authorized to execute this
verification on behalf of Plaintiffs.
Todd B. Narvol, Esquire
KELLY, McLAUGHLIN, FOSTER, BRACAGLIA,
DALY, TRABUCCO & WHITE, LLP
BY: Thomas P. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA,
VALLEY QUARRIES, INC., AND
PROTECTION SERVICES, INC.
: COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: NO. CIVIL 02-1429
DEFENDANT PROTECTION SERVICES, INC.'S
REPLY TO NEW MATTER CROSSCLAIM PURSUANT TO
Pa.R.C.P. 2252(d) OF DEFENDANT VALLEY QUARRIES~ INC.
COUNT I
53. Answering defendant incorporates herein its Answer to Plaintiffs Complaint.
54.-55. Denied. To the extent that the allegations advanced are directed to answering
defendant, they are denied pursuant to Pa.R.C.P. 1029(e). Further, to the contrary, answering
defendant did not cause Plaintift~s injuries and/or damages as alleged and is not liable to any
party to this action under any theory of liability advanced. As to those remaining allegations
addressed to a party other than answering defendant, no responsive pleading is required.
WHEREFORE, answering defendant denies any liability to any party to this action and
demands judgment in its favor, together with costs.
COUNT II
56. Answering defendant incorporates herein its Answer to Plaintiff's Complaint.
57. Admitted in part, denied in part. Answering defendant admits only that it entered
into a subcontract with Valley Quarries, Inc. All characterizations of that contract are denied as
it is a written document and speaks for itself.
58. Denied. All characterizations of the contract between Valley Quarries, Inc. and
Protection Services, Inc. are denied as it is a written document and speaks for itself. Further, the
contract contains an Addendum which provides the following additional terms to Paragraph 2:
Page 2 - Article 2: Add to the end of the article "This paragraph applies to the extent and
in the proportion that it is determined that the Subcontractor has acted in a negligent or
intentional manner, either in the performance of its work under the contract or in
supervising the perfoimance of the work by its Subcontractors".
A tree and correct copy of the Addendum to the subcontract between Valley Quarries, Inc. and
Protection Services, Inc. is attached hereto as Exhibit "A".
59.-61. Denied. Answering defendant denies all allegations advanced pursuant to
Pa.R.C.P. 1029(e). To the contrary, answering defendant did not cause Plaintiff's injuries and/or
damages as alleged and is not liable to any party to this action under any theory of liability
advanced.
WHEREFORE, answering defendant denies any liability to any party to this action and
demands judgment in its favor, together with costs.
KELLY, McLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO & WHITE, LLP
~~~ia, Esquire
Attorney for Defendant Protection Services, Inc.
DATED: iD ~(~/0'~
KELLY, McLAUGHLIN, FOSTER, BRACAGLIA,
DALY, TRABUCCO & WHITE, LLP
BY: Thomas P. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA,
VALLEY QUARRIES, INC., AND
PROTECTION SERVICES, INC.
: COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: NO. CIVIL 02-1429
CERTIFICATE OF SERVICE
I, THOMAS P. BRACAGLIA, ESQUIRE, hereby certify that I did cause to be mailed
a true and correct copy of Defendant Protection Services, Inc.'s Reply to New Matter
Crossclaim Pursuant to Pa. R.C.P. 2252(d) of Defendant Valley Quarries, Inc., to the below
listed on the date indicated:
Kimberly Bohl, Esquire
THOMAS, THOMAS & HAFER
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, PA 17108
Harry D. McMunigal, Esquire
BINGAMAN, HESS, COBLENTZ & BELLEVUE
Suite 600, 601 Penn Street
P.O. Box 51
Reading, PA 19603-0061
Date:
Gerhard Schwaibold, Esquire
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
THO~M S~CAGLIA, ESQUIRE
EXHIBIT "A"
AGREEMENT
THIS AG~4~NT, made th~s 20th day o£ July, 1998 by and between
VALLEY OlDtRRIES, INC., a Pennsylvania cor~oration with principal
offices at 297 Quarry Road, Chambersburg, PA 17201, hereina[ter
referred to as "CONT~tACTOR. and Protection Services, Inc., 635
Lucknow l~&d, Harrisburg, PA 17110 as 'SUBCONTRACTOR,.
W I TNR $S ETH
k~,J~S, CONTRACTOR has entered into a contract with the
Coe~onwe<h of Pennsylvania, Department of Tranapor~ation,
Harrisburg, PennsyLvania0 for the conatruc=ion of..
· .:J · ' .: .;"'- Cumberland County .
· SR 0001-020
Contract No. 082189
HI.~ItEAS, COk~m~.CTOR and SUBCONTRACTOR desire to enter into an
agreement whereby SUBCON'rI~,CTOR will perform certain items of work
included in laid contract between CONTRACT-Oh and the Commonwealth
of Pennlylvanim, Department of Transportation for a consideration
to be p&id as se= forth herein:
N(~e TH~tEleOR~, CONT]tACTOR and SUBCOI~'lqtACTOR agree a~ follows:
1. SUnCONTRACTOR shall furnish all labor, equipment, tools,
materials, services and other things necessary to complete and
shall Complete the following items of work as lasted in and in
accordance with the aforesaid contract between CONTRACTOR and the
Cor~uonwe<h of Pennsylvania, Department of Transportation, and the
plans, contract proposal, specifications, conditions and other
docume~nts forming a par= of said contract, and CONTR~,,CTOR agrees/o
pay SUBCONTRACTOR at the unit prices set forth betel'n:
2. $UB¢oI~T~.ACTOR shall prov£da ~ork~aen~a Compenaa~:£on, Public
L~abllity and ~ope~y Damage lnsuranc~ 'and o~e~ Casual~y
Z~ance ~n ~e limits r~ired ~ ~~R and in accordanca
v~ ~e P~sylvan~a ~~C or ~ans~a~on, s
a~ s~ ~e~y ~d save ha~less ~e COh'r~R
P~oylvan~a DepaF~en~ of ~anspo~aC~on and ~he~F o~ceFs,
agents, ~d oployees, fr~ a~ aga~n.~ all su~s, ack,oas or
cla~, of ~y chara~ oF descr~p~ion, ~lud~nq bu~ no~
~o, ~rsona~ in~, d~ or prope~y ~qe, arising ou~ of
a~ or ~lgmions of ~~R or S~O~R'S officars,
~emn~ shall ~ cons~ as conm~i~u~i~ S~B-r~R as o~heF
~hnn ~ l~e~nden~ s~on~rac~o= of ~~R a~
~11 ~ ~ r~n fully rea~nsible for any logs or dmqe caus~
, 3. ~T~R shall pay all payroll ~axes ~a~ are
· · of ~t 8~ mba11 Eu~sh ~~R w~h ce~f~ed copies of pa~oll
~/~ supply ce~if~ca=lo~s as ~y ~ r~irtd ~ CO~R and
~o Po~mylvan~a Depe~n~ of ~anmpo~a~lon.
4. ~~R abel1 provide access on the right-of-way where
neceasa~ for ~~R.
S. S~~R shall leave all areas in which i= opera2ed
in a coOl,ion acceptable ~o CO~R and the Pe~sylvania
~~ of ~anspor~a~on.
6. ~O~R shall negotiate, =~e~er wi~ CO~OR,
to hvo all utilities and obsessions reRoved froB OF relocated
w~n ~e cons2~c~ion areas, provided, h~ever 2ha2 no2hing
h~e~n contain~ shall uke CO~R liable ~o S~CO~'r~OR for
~y delays or hindrances, regardless of dura=ion or ex~efl~, caused
~ ~e .faille of ~e Pe~sylvania Oepar~en2 of ~anspo~a2ion or
~e o~ers of s~c=~es (including p~lic u=ili~y facill=lts) on,
~er or over ~he projec= ~o adjust, remove or relocate such
o~ct~ee. In ~e tven~ 2ha2 S~CO~R encounters such delays
or h~ndr~ces, promp2 ~i==en no=ice =heraof shall be gives'
7. Pa~ment for york completed shall be made to SUBCO~'rAACTOR
vithin five (5) days after receipt of current estimates by
COMe, ACtOR o
S. ~rnere CO~'A-~AC~OR learns of a delinquency in amounts owed
by SU~cOI~RACTOR to a creditor with an economic £ntsrsat in the
project, ~~R shall ~ privileqed~ diacr~ina~alM~ ~o issue
a co-paMee ~ack ~o ~~ in pa~en~ for completed work~
Ihoving ~e ~me of ~e S~CO~R along vi~ ~he name o~ ~e
OAe~ f~oh CO~R v~h evidence, ~n ~he ~o~ of
c~i~ication, ~a~ ~ull pa~en~ has ~en mede flor all uCili~ies,
g~icem, n~erials, renal e~i~en~, and lair furnished in ~he
proae~ion of work con~uplated ~ ~8 A~eemen~.
and .~he Pennsylvania Depar~ent of Transportation shall be
upon SUBCO~fRACTOR shall, at his ovn expense, obtain and
familiarize h~,mael£ 'with all ~he tarns and Conditions
afor~ioned contra~ ~we~ ~e ~R and ~e Pe~sylv~ia
Depar~en~ of ~an~r~at~on.
il, S~CO~-f~R shall ~b~2 a pr~ess ochedule off work
~ ~e tim r~ir~ for each subcontract item which schedule
shall be subJec~ ~o .the approval off CO~OR. SUBCO~R
agrees 2o o~r~ work upon receip~ of No, ice
~~R. Faille o~ S~~R ~o maintain said work
gch~ule or ~e inabill~ of S~CO~OR ~o perffo~ work
n~mm~ as am no~ ~o ~e ~e wor~ schedule off ~he ~on~rac~ or
o~er gu~on~ractors causing undue delay
con~rac~ which e~ends ~e ~tmo ~ond
CO~R and/or ~e Cononweal~h
~8~a~ion, ~e ~CO~R will ~ liable flor ~t addi2ional
cof~ in~ b~ ~~R ~d ~y 1A~ida~ed d~qes assessed
~e Oepa~nen~ of ~anspor2a~ion.
12. CO~R may 2e~ina~e ~his Aqreemen2 due
interruptions by SUBCO~OR ~hat may impede ~he proqre~'s or
c~ple~ion off ~is project. Should CO~OR ~hug .2ermina2e
Aqreemen2, i~ may complete the work remaining
SUBCONTRACTOR undm~ this Agreement using silver CONTRACTOR,S own
forces or such o~hsr subcontractor or subcontractors as CONTRACTORS
mmy deem most expedient, and any loss, cost or sXPonse rssult£nq
~herafore shall be charged to SUBCONTRACTOR, and if any deficiency
shall exist between tbs unpaid balance of ~his Agreement and the
amount l~u£d to complste said work, SUBCONTRACTOR shall, upon
d~nd, pay ~ho amount paid to couplets said vork.
13. SUBCONTRACTOR agrees to pay ~ha prevailing uin£muu vase
rates determined for ~his pro3ec~ and as shown in ~he Pre-
Determined Wage hess; to abide by tam Safety and Saal~ Standards
as outlined in the con,race.
14. SUBCOI+~HACTOR shall not sell, transfer, eubcontrac~ or
assign any benefit or obligation crested by chis Agreement, unless
the prior written consent of CONTRACTOR has been obtained.
1S. SUBCONTRACTOR shall place where requ£rsd, lights,
.. vutchuen, and b~rricades around its come,ruction.
16. rf, pursuant to the provisions of ohs aforesaid contract
~. between CO .ieTRACTOR and the Pennsylvania Department of
., ~ranaportatio~ changes or nodific~tions result in a decrease or
increase in unit prices paid by said Oeper~nent to CONTRACTOR
tho work contemplated by ~hie Agreement, the unit prices set forth
in this Agreement shall be decreased or increased propor'cionately.
l?. SUBCONTRACTOR shall make no claim for s~cra or additional
work unless the same shall be done pursuant to a written order
executed by THONAS A. ~-IIeiER]iAN, C.E.O./VICB PRESIDENT of the
CONTRACTOR, or by such o~her person as CONTRACTOR shall designate
in writing.
18. This Agreement and the contractual documents ~iferred to
herein, constitute the entire agreement between COm~ACTOR and
SUBCONTRACTOR per~aining to ~he subject matter hereof, and
supersedes all prior and contemporaneous aqreeMnts of the parties
in connection ~Aerewi~h. The rights and liabilities of tho part4es
shall inure to and bind their successors and assigns. So change in
or attempted waiver of any provisions of ~his Agreement shall be
binding upon any party hereto unless it is in writing and exerted
or acknowledged to be accepted by the party again, st ~hich ~uch
change is sought to be enforced.
ava~na~ ~e Pe~sy~v~a Oepa~n~ o~ ~apo~a~ion, or ~o
~char~eo by sa~d Oepa~en~ ~ga~n.~ CO~OR, and su~ not,ce
~ ~ al~ i~ances ~ g~ven ~n s~ficktn~ ~m ~o enable
~~R ~ give ou~ ~e~y n~ice ~o ~e aa~d ~par~en~ as
~ss~ ~o ~ta~e ~~R'S o~ rkghta as aga~ns~ sa~d
20. ~n ~a even~ e~e ~e Pe~sy~v~La Depa~nen~
~ns~m~lon d~8 no~ approve S~~R aa a
have ~o rkgh~ ~o ~i~e ~a
2~. S~~R a~tea ~o c~raee vk~ ~~R in, and
to. shoe ~X~y w~ ~~R, ~e e~ense (~ncX~Xng, ~ no~
v~ ~a Pe~my~van~a ~p~n~ o~ ~ana~r~kon and
p~~n o~ any proceed~ngo 'h~ore ~e Pe~ay~van~a' ~ard o~
gaud B~d (or or any co~ eo which an appea~ ~ere~rom may
~) w~ rea~c~ ~o ~ and a~ u~ers re~a~ ~o such wor~.
22. ~y con~rovers~, c~a~ or d~spu~e no~ referable
d~a~on ~ ~a P~ayXv~a ~ard of ~b~ra~on of C~a~ms
~s~ ~o Para,apb 2~ o~ ~s Agreement, and arising ou~ o~
~emn~, shall ~ resolved ~ arbitration ~n eccordance wi~h
~leO a~ re~la~ons off ~e ~rican ~b~2ra2$on Association, and
~e d~s$on (~nclud~nq awards and siltation oE cos~s) o~
~b~ra~or, or a ~Jor~y o~ ~u as ~e case ~y ~, shall be
~$nal ~d b~nq u~n 2he pa~em. ~udgemen~ upon ~e award ~hus
rendered ~y ~ entered ~n any cour~ havinq jur~sd~c~$on.
Ron&ld L. DiohL Thonas &. ~.i~clan
$.ocreta~y C~lef Executive Officer
PROTECTION ~RV~ INC,
L .Y./~ol~ ~,-
Dire: .ifil
Protection Services, Inc.
SCHEDULE OF WORK
Total
0g01-0001
0901-0001
0901-0001
(P) 1 ~ LonqTermSigna
1-Figure 18 Modified w/stands & lights
1-Exit condition Figure 21 w/stands & lights
1-Stop condition Figure 22 w/stands & lights
6-Low shoulder signs
E-No guardrail signs
6-Uneven pavement signs
E-No p&vemen= marking signs
30 Direction arrows ~or taper w/lights
(P) 150 EA Drums w/ type III sheeting
(P) 30 DAY Additional Figure
10 Modified
28 Signs w/stAnds 05.50 154.00
10 %~e B Lights 1.30 13.00
140 Drums 0.$0 ?0.00
38 Type C lights 0:.40 15.20
38 Directional 1.00 38.00
Arrows ~or
Tapers
0901-0001 (p)
1 Month Truck mounted
Altenuator
(Truck only no driver)
100 Day Adi=ional Ty~e
B Lights
Additional Traffic
Control Signs
0901-0231
0901-0240 $0 SF
$ 26,66§.00 ~ 26,665,00
25.00 3,7S0.00
290.20 8,706.00
290.20
:3,000.00 3,000.00
1.30 130.00
10.50 525.00
Iv~OTECTION 8ERVICF,~
BIU~CH omcE 1,01
4025 N. 6th SU'ee~:
Hm'risburg, PA 17110
Phone: (717) 238-5,541 Fmc (717) 238-5644
&TT~NTION
P~,e I of 3
Re: ~R 0081-20
CUM~~ COUNTY
Ptee0e accept the l'oUowing Lump 8urn ~uo~o For ~
This quote ~ncludes ( 1 Time set~p, and removal of long-term sigrdng and stands, u
indtmted on the traffic control plan provided at the time of this bid. This quote do~s not
include ~-i~7 mfulr~tenance of ~c moves. Conduct time b 488 d~ys. D~y Fenl~l'
applies ~ contract time. ',-'-;
l$ote: Prol~L~ion 8ervl~s In~. ~ farnbh with md~
( 1 ) Complete p~ttern of IPisure 18 modl~qd' '.
( I ) ErnSt Condition of figure 21.
( 1 ) 0top Condmon or figure 22.
(6) Low Shoulder
( 6 ) Ilo Guide Rtil
( 6 ) Uneven hv~mnt
( 6 ) No hv~ment
· . ( 3S Direction~! trrows for
DMIy movi._~ of dgns is not lneludod in hnnp sum.
Listed below ore ~.AU. items not included in the above quote. Sale price8 are av=flnble for
MI items.
,., 01.
Pule 3 or 3
MobflLution 1S% of hunp sum tmount to be included in first estimate.
Tho balance is ~o be imid in oqual estimate amounts, to Job oompletlon
date per oontrtet ~-~ &nd s~Jtedule.
Domunentat:lon to npport: Imyment .~hedule vol be ln'ovided.
All ds~ly rote item will be bflbd monthly, lmyment is due 30 days from
lnvoloe date.
Add &DDIIc~ble state tree to dl sile and r~ntll itJmo
Prto# ere food for ~ (60) cloys after award date. Ploue alloy 2 weeb
nofln~tion to avoid dehy~
If you h~ve any questions pertainin~ ~o this quote, please do not hesitaM to contact
me durin~ the chy b~tween 8:00 AM and 5:00 PM at {717) 238-5541, and
after 6:00 PM at {717) 834-5019.
Thank you for the oppoFt~'Lity to quote you on this project.
CTION SERVICES INC.
Ken Bsker
Branch Man~er
KB/pk
ADDENDUM # 1
TO SUBCONTRACT
BETWEEN
PROTECTION SERVICES INC.
AND
VALLEY QUARRIg. S, INC.
SR 0081 (020) ·
CUMBEI~LAND COUNTY
CMS # 082189
The subcontract dated July 20, 1998, is hereby mended as fedows:
· Paje I-AWFI~ 1: Add to the end of the article "With rupect to any liability
eh·ms, the Sabeontroctor qree$ to be ruponfible to the mt nd in the
proportion that it is determined that the Subcontractor has acted in a nejligent or
imentiomd manner either in the performance of ~ work uder the contract or in
supervising the performance of the work by itu Subcontractors."
~ 2-AKIX:LLI: Add to the end of the snide "Tnb pm'qraph applies to ~
.extent and in the proportion that it is determined that the Subcontractor has acted
in a negligent or intentional manner, either in the performance of itu work under the
contract or in supervising the performance of the work by b Subcontractors."
· '. P s~t~ 3-AB~I~ 1o: Add to the end of the art·de "With respect to any liability
claims, .the Subeoatractor agrees to be mpomfible to the extra· tad in the
Proportion that it is determined ·bet the Subcontractor has acted in · nesligent or
intentional manner either in the performance of its work under the contract or in
supervising the performance of the work by b Subcontractors."
Page 7-SC~enULE O1~ WOn,t- Add to the md of this section "IN-ices and terms for
the preceding items selected by the Contr·ctor are as listed in the Protection
Services lne. quotation which b attached and made part hereof."
PROTECTION SERVICES INC.
V.~LLEy QUARk[F-S, INC.
July 28, 1998
PSI ~/045/01
QIV'NEIfe & ¢oN'rll&G'roIfl ~
OS/OUt.;;;
051011l~j9
AUTO
$. &oOOOrO~
2.,000,00~
2S, 00,
· 4., 000, aO*
100, OOf
500, OO~
~ __lO,OtO0!
o8ocn~Tm~opof,,u~'noNs,q, oc~y~m;~m,cus~fK~.n~m B~:~00~I(020) ~COUNTY-CMS~821~
JOB NO. 045 O1
VALLEY QTJA~R~ES, ~C.
P.O. BOX J
c~4aM~EIISBIj~G, PA IT/21-~09
~,dM~80443
~E~ ~1 1999 10:24 814~.~46800 ~AGE.02
KELLY, McLAUGHLIN, FOSTER, BRACAGLIA,
DALY, TRABUCCO & WHITE, LLP
BY: Thomas P. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
YOU ARE HEREBy NOTIFIED TO PLEAD
TO THE ENCLOSED NEW MATTER WITHIN
TWENTY (20) DAYS FROM SERVICE HEREOF
EFAULT JUDGMENT MAY BE ENTERED
AGAINST YOU.
OMAS p. BRACAGLIA
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA,
VALLEY QUARRIES, INC., AND
PROTECTION SERVICES, INC.
: COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: NO. CIVIL 02-1429
DEFENDANT PROTECTION SERVICES, INC.'S
ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM
PURSUANT TO Pa.R.C.P. 2252 d TO PLAINTIFFS' COMPLAINT
Defendant, Protection Services, Inc., by and through its attorneys, Kelly, McLaughlin,
Foster, Bracaglia, Daly, Trabucco & White, LLP, hereby responds to Plaintiffs' Complaint as
follows:
1.-2. Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations advanced.
3. Admitted upon information and belief.
Admitted upon information and belief.
Admitted.
6.-8. Admitted in part, denied in part. Answering defendant admits only that
Defendant Jesse Ray Coble was operating a motor vehicle w/thin the course and scope of his
employment with Sunflower Carriers, Inc. when he was involved in a motor vehicle accident on
May 25, 1999 in which Steve J. Karmendy, Jr., Crystal Green and Kay Louise Russell allegedly
died, Wilma Mazingo was allegedly injured, and Kindrick Trucking allegedly suffered property
damage.
9. Admitted.
10. Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations advanced.
11.-14. Denied. To the contrary, plaintiff has not provided the alleged releases. As to
all remaining allegations, after reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations advanced.
15. Admitted in part, denied in part. Answering defendant admits only that Releases
were executed in settlement of the underlying claims. All characterizations of the provisions of
those Releases are denied as they are written documents and speak for themselves.
16. Denied. The allegations advanced are denied pursuant to Pa. R.C.P. 1029 and as
conclusions of law to which no responsive pleading is required. As to any remaining
allegations, after reasonable investigation, answering defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations advanced.
COUNT I - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ra Coble and Crete Carrier Cor oration d/b/a Sunflower Carriers v.
De artment of Trans ortation of the Commonwealth of Penns lvania
17. Answering defendant incorporates herein its Answers to Paragraphs 1-16 of
Plaintiffs' Complaint.
18-19. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to Pa.
R.C.P. 1029.
20. Denied. The allegations are denied pursuant to Pa. R.C.P. 1029. Further, all
allegations against answering defendant are denied. To the contrary, no traffic control device or
other condition created a dangerous condition as alleged. As to any remaining allegations, after
reasonable investigation, answering defendant is without knowledge or information sufficient to
form a belief as to the troth of the allegations advanced as, but not limited to, the alleged times
and dangerous conditions have not been sufficiently identified or defined.
21-22. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to Pa.
R.C.P. 1029.
23. Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations advanced ..
24. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to Pa.
R.C.P. 1029.
25. Denied. To the extent that the allegations advanced are deemed directed to
answering defendant, they are denied. To the contrary, answering defendant did not cause
Plaintiffs losses and/or damages as alleged and is not liable to any party to this action under any
theory advanced. As to those remaining allegations addressed to parties other than answering
defendant, no responsive pleading is required. Any remaining allegations are denied pursuant to
Pa. R.C.P. 1029.
26.-27. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to Pa.
R.C.P. 1029 and as conclusions of law.
WHEREFORE, answering defendant denies any liability to any party to this action and
demands judgment in its favor, together with costs.
COUNT II - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ra Coble and Crete Carrier Cor oration d/b/a Sunflower Carriers v.
Valley Quarries~ Inc.
28. Answering defendant incorporates herein its Answers to Paragraphs 1-27 of
Plaintiffs' Complaint.
29. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to
Pa.R.C.P. 1029.
30. Denied. The allegations advanced are denied pursuant to Pa.R.C.P. 1029.
Further, all allegations against answering defendant are denied. To the contrary, no traffic
control devices or other condition created a dangerous condition as alleged. As to any remaining
allegation, after reasonable investigation, answering defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations advanced as, but not
limited to, the alleged times and dangerous conditions have not been sufficiently identified or
defined.
31.-32. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to Pa.
R.C.P. 1029 and as conclusions of law.
33. Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth of the allegations advanced.
34. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to Pa.
R.C.P. 1029 and as conclusions of law.
35. Denied. To the extent that the allegations advanced are deemed directed to
answering defendant, they are denied. TO the contrary, answering defendant did not cause
Plaintiff's losses and/or damages as alleged and is not liable to any party to this action under any
theory advanced. As to those remaining allegations addressed to parties other than answering
defendant, no responsive pleading is required. Any remaining allegations are denied pursuant to
Pa.R.C.P. 1029 and as conclusions of law.
36.- 37. The allegations advanced are directed to a party other than answering defendant
and no responsive pleading is required. Any remaining allegations are denied pursuant to Pa.
R.C.P, 1029 and as conclusions of law.
WHEREFORE, answering defendant denies any liability to any party to this action and
demands judgment in its favor, together with costs.
COUNT III - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ra Coble and Crete Carrier Cor oration d/b/a Sunflower Carriers v.
P~rotection Services~ Inc
38. Answering defendant incorporates herein Paragraphs 1-37 of its Answer to
Plaintiffs' Complaint.
39. Admitted in part, denied in part. Answering defendant admits only that it
contracted with Defendant Valley Quarries, Inc. for a construction project on Interstate 81 which
was underway on May 25, 1999. All characterizations of that contract and/or Defendant's
contractual obligations are denied as the contract is a written document and speaks for itself.
40. Denied. The allegations are denied pursuant to Pa.R.C.P. 1029 and as
conclusions of law. Further, answering defendant incorporates herein its answer to Paragraphs
39 and 41 of Plaintiff's Complaint.
41. Denied. The allegations are denied pursuant to Pa. R.C.P. 1029 and as
conclusions of law. Further, answering defendant denies all allegations advanced. To the
contrary, the selection and placement of signage on Interstate 81 on May 25, 1999 was
determined by the Traffic Safety Plan of Defendant Pennsylvania Department of Transportation.
42. Denied. The allegations are denied pursuant to Pa. R.C.P. 1029 and as
conclusions of law. Further, answering defendant denies all allegations advanced. To the
contrary, answering defendant did not cause Plaintiffs' losses and/or damages as alleged, at all
times acted with due care, and is not liable to any party to this action under any theory of liability
advanced. As to any remaining allegations, after reasonable investigation, answering defendant
is without knowledge or information sufficient to form a belief as to the truth of the allegations
advanced as, but not limited to, the alleged times, hazardous conditions and dangers have not
been sufficiently identified or defined.
43. Denied. Answering defendant denies all allegations advanced. To the contrary,
answering defendant did not cause Plaintiffs' losses and/or damages as alleged and is not liable to
any party to this action under any theory of liability advanced. As to any remaining allegations,
answering defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations advanced.
44. Denied. The allegations advanced are denied pursuant to Pa. R.C.P. 1029 and as
conclusions of law. Further, answering defendant denies all allegations advanced. To the
contrary, answering defendant was not negligent and caused no damages. As to any remaining
allegations, answering defendant is without knowledge or information sufficient to form a belief
as to the truth of the allegations advanced.
45. Denied. The allegations advanced are denied pursuant to Pa. R.C.P. 1029 and as
conclusions of law. Further, answering defendant denies all allegations advanced. To the
contrary, answering defendant did not cause Plaintiffs' losses and/or damages as alleged and is
not liable to any party to this action under any theory of liability advanced. As to those
remaining allegations directed to parties other than answering defendant, no responsive pleading
is required.
46.-47. Denied. The allegations advanced are denied pursuant to Pa. R.C.P. 1029 and
as conclusions of law. Further, answering defendant denies all allegations advanced. To the
contrary, answering defendant did not cause Plaintiffs' losses and/or damages as alleged and is
not liable to any party to this action under any theory of liability advanced.
WHEREFORE, answering defendant denies any liability to any party to this action and
demands judgment in its favor, together with costs.
N~EW MATTER
48. All causes of action against Defendant Protection Services, Inc. may be barred,
limited and/or conditioned by the doctrines of waiver, release, estoppel and/or accord and
satisfaction.
49. Ail causes of action against Defendant Protection Services, Inc. may be barred,
limited and/or conditioned by the terms of the July 20, 1998 Agreement between Valley
Quarries, Inc. and Protection Services, Inc. and all addenda and attachments thereto.
50. Plaintiffs' losses and/or damages, if any, were caused by entities or individuals
over which answering Defendant had no control or right of control.
51. Plaintiffs' claims against Defendant Protection Services, Inc. may be barred,
limited or reduced by Plaintiffs' contributory and/or comparative negligence.
52. All causes of action against Defendant Protection Services, Inc. may be barred,
conditioned or limited by the terms of the contract between Valley Quarries, Inc. and
Commonwealth of Pennsylvania Department of Transportation.
53.
54.
55.
limitations.
Plaintiffs' Complaint fails to state a claim upon which relief may be granted.
Plaintiffs' Complaint fails to state a claim for an award of attorneys fees.
Plaintiffs' claims may be barred, in whole or in part, by the applicable statute of
56. Plaintiffs' claims may be barred, limited and/or conditioned by the provisions of
the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. § 1701, et seq.
57. The settlement amounts paid to or on behalf of the alleged injured and/or
damaged parties was not fair or reasonable.
WHEREFORE, answering Defendant denies any liability to any party to this action and
demands judgment in its favor, together with costs.
NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.C.P 2252(d)
AGAINST DEFENDANTS DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF PENNSYLVANIA AND
VALLEY QUARRIES~ INC.
57. If Plaintiff sustained losses and/or damages as alleged, such losses and/or
damages were caused by the negligence, breach of contract and/or other liability-producing
conduct of Defendants Department of Transportation of the Commonwealth of Pennsylvania and
Valley Quarries, Inc., which at all times were acting through their agents, servants, workmen
and/or employees acting within the course and scope of their employment.
WHEREFORE, Defendants Department of Transportation of the Commonwealth of
Pennsylvania and/or Valley Quarries, Inc. are solely liable to Plaintiff, jointly and/or severally
liable to Plaintiff with answering defendant, and/or liable over to answering defendant by way of
indemnity and/or contribution, all liability on the part of answering defendant being expressly
denied.
BY:
KELLY, McLAUGHLIN, FOSTER,
BRA~CAGLIA, DALY, TRABUCCO & WHITE, LLP
Th~as'~lracaglia, Esquire
Attorney fo~ Defendant
Protection Services, Inc.
V-VERIFICATION
Nick Finniffhereby verifies that he is an authorized representative of Defendant, Protection
Services, Inc., that he is authorized to take this Verification on behalf of said Answering Defendant
and states that the facts set forth in the foregoing Answer, New Matter and New Matter Pursuant to
Pa. R.C.P. 2252(d) to Plaintiffs' Complahnt are true and correct to the best of his knowledge,
information and belief. The undersigned understands that the foregoing statements are made subject
to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
Date:~,~._
KELLY, McLAUGHLIN, FOSTER, BRACAGLIA,
DALY, TRABUCCO & WHITE, LLP
BY: Thomas p. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS,/NC.
: COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: NO. CIVIL 02-1429
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA, :
VALLEY QUARRIES, INC., AND
PROTECTION SERVICES, INC. '
_CERTIFICATE OF SERVICE
I, THOMAS p. BRACAGLIA, ESQUIRE, hereby certify that I did cause to be mailed
a true and correct copy of Defendant Protection Services, Inc.'s Answer with New Matter and
New Matter Crossclaim pursuant to Pa. R.C.P. 2252(d) to Plaintiffs' Complaint, to the below
listed on the date indicated:
Kimberly Bohl, Esquire
THOMAS, THOMAS & HAFER
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, PA 17108
Harry D. McMunigal, Esquire
BINGAMAN, HESS, COBLENTZ & BELLEVUE
Suite 600, 601 Penn Street
P.O. Box 51
Reading, PA 19603-0061
Gerhard Schwaibold, Esquire
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
AS P. BRACAGLIA, ESQUIRE
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. McMUNIGAL, ESQUIRE
IDENTiFiCATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMISSING, PA 19610
(010) 374-8377
(610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, 1NC.
JESSE RAY COBLE AND
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY QUARRIES,
INC. AND PROTECTION SERVICES, INC.
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1429
JURY TRIAL DEMANDED
ANSWER OF DEFENDANT VALLEY QUARRIES, IN(?. TO NEW MATTER
AND NEW MATTER CROSSCLAIM PURSUANT TO PENNSYLVANIA RULE OF
CIVIL PROCEDURE 2252(d} OF DEFENDANT PROTECTION SERVICES~ INC
57. Denied. The matters alleged herein are denied as conclusions of law to which no
responsive pleadings are required. Therefore, these allegations are denied and strict proof
thereof is demanded at the time of trial.
WHEREFORE, answering Defendant Valley Quarries, Inc. demands that the New Matter
Crossclaim Pursuant to Pennsylvania Rule of Civil Procedure 2252(d) of Defendant Protection
Services, Inc. be dismissed with costs and prejudice.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
Harr/_y/4E~Munigal, Esquire
VERIFICATION
The undersigned, being duly sworn according to law, deposes and says that he is counsel for
the party or parties indicated on the preceding page as being represented by said counsel, that he has
examined the pleadings and the entire investigative file made on behalf of said parties, that he is
taking this verification to assure compliance with the pertinent rules pertaining to timely filing of
pleadings and other documents described by said rules; and that the facts set forth in the foregoing
document are true and correct to the best of his knowledge, infbrmation and belief. The
undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsifications to authorities.
H iga~, Esq.
DATED:~
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. McMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMISSING, PA 19610
(610) 374-8377, (610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JESSE RAY COBLE and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY QUARRIES,
INC. and PROTECTION SERVICES, 1NC.
CIVIL ACTION LAW
NO. 02-1429
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
1, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing
Answer of Defendant Valley Quarries, Inc. to New Matter and New Matter Crossclaim Pursuant to
Pennsylvania Rule of Civil Procedure 2252(d) of Defendant Protection Services, Inc. was mailed
by United States first class mail, postage prepaid upon the following party(ies):
Todd B. Narvol, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Harrisburg, PA 17108
Gerhard Schwaibold, Esquire
Commonwealth of Pennsylvania
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
DATE:
Thomas P. Bracaglia, Esquire
KELLY, MCLAUGHLIN & FOSTER
1617 JFK Blvd., Suite 1690
Philadelphia, PA 19103
Harry'. ~unigal, Esquire
THOMAS, THOMAS & HAFER, LLP
Todd B. Narvol, Esquire
Pa. IDNo.: 42136
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7133
Attorneys for Plaintiffs
JESSE RAY COBLE,
SUNFLOWER CARRIERS a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, 1NC., and PROTECTION
SERVICES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: Civil O2-1429
PLAINTIFFS' REPLY TO DEFENDANT PROTECTION SERVICES, INC.'S
NEW MATTER
AND NOW, Plaintiffs Jesse Ray Coble and Sunflower Carriers a/k/a Sunflower Carriers,
Inc. file this Reply to Defendant Protection Services, Inc. New Matter, and in support thereof
avers the following:
48. Denied pursuant to Pa.R.Civ. P. 1029(e).
49. Denied as a conclusion of law to which no response is required.
50. Plaintiffs incorporate by reference as though full set forth herein the averments
contained in their Complaint already on file with the Court.
51. Denied pursuant to Pa.R.Civ. P. 1029(e).
52. Denied as a conclusion of law to which no response is required·
53. Denied pursuant to Pa.R.Civ.P. 1029(e).
54. Denied as a conclusion of law to which no response is required. Denied further
that Plaintiff is not entitled to seek attorney's fees.
55. Denied as a conclusion of law to which no response is required. Moreover,
Plaintiff's Complaint for contribution and/or indemnity was filed within the applicable statute of
limitations.
56.
57.
Denied as a conclusion of law to which no response is required.
Denied. To the contrary, the settlement amounts paid to or on behalf of the
alleged injured and/or damaged parties wa~'; lair and reasonable.
WHEREFORE, Plaintiff's demand judgment in their favor as set forth in their
Complaint already on file with the Court, together with all applicable Court costs.
Respectfully submitted,
Thomas, Thomas & Itafer, LLP
Todd B. Narvol, I.D. No. 42136
305 N. Front Street
POB 999
Han'isburg, PA 17108-0999
Date:
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing by
facsimile, addressed to the following:
Thomas P. Bracaglia, Esq.
Kelly, McLaughlin & Foster
620 W. Germantown Pike
Plymouth Meeting, PA 19462
Harry D. McMunigal, Esq.
Bingaman, Hess, Coblentz & Bellevue
Suite 660, 601 Penn Street
POB 51
Reading, PA 19603-0061
Gerhard Schwaibold, Esq.
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Thomas, Thomas & Hafer, LLP
Todd B. Narvol, Esquire
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
JESSE RAY COBLE,
Gerhard Schwaibold
Senior Deputy Attorney General
Direct Dial 717-787-2168
SUNFLOWER CARRIERS, a/Ida
SUNFLOWER CARRIERS, INC.,
Plaintiffs
DEPARTMENT OF TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC. And PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
:
:
: NO. 02-1429
REPLY OF THE DEPARTMENT OF TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA TO 2252(d)
NEW MATTER OF DEFENDANT VP, l J,EY QUARRIES. INC,
54. The allegations set forth in this paragraph of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as
factual allegations, said allegations are specifically denied in that after reasonable investigation,
the Commonwealth Defendant is without sufficient knowledge or information to form a belief as
to the truth of these allegations.
55. The allegations set forth in this paragraph of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as
factual allegations, said allegations are specifically denied in that after reasonable investigation,
the Commonwealth Defendant is without sufficient knowledge or information to fomi a belief as
to the troth of these allegations.
WHEREFORE, Commonwealth of Pennsylvania, Department of Transportation,
respectfully requests that judgment be entered in its favor and against all other parties.
Respectfully submitted,
D. MIC <I~dtEL FISHER
By: /// - ~c :~
GE~A~ SC~AIBOLD, I.D. ~ 55379
Senior Depu~ A~omey General
DATED: November 5, 2002
CER TIFICA TE OF SER VICE
I hereby certify that I am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
SER VICE B Y FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
TODD B. NARVOL, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
305 NORTH FRONT STREET
SIXTH FLOOR, P.O. BOX 999
HARRISBURG, PA 17108
(Attorney for Coble & Sunflower Carders,
Inc.) (Plaintiffs)
HARRY McMUNIGAL, ESQUIRE
BINGAMAN, HESS, COBLENTZ
& BELLEVUE
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(Attorney for Valley Quarries, Inc.)
THOMAS P. BRACAGLIA, ESQUIRE
KELLY, MCLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO
& WHITE, LLP
620 W. GERMANTOWN PIKE
SUITE 350
PLYLOUTH MEETING, PA 19462
(610) 941-7900
(Attorney for Protection Services, Inc.)
Torts Litigation Section
15m Floor, Strawberry Square
Harrisburg, PA 17120
717-787-2168 - Direct Dial
By:
GERHARD SCHWAIBOLD ID #55379
Senior Deputy Attorney General
DATED: November 5, 2002
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Gerhard Schwaibold
Senior Deputy Attorney General
Direct Dial 717-787-2168
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC. And PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
: NO. 02-1429
COMMONWEALTH DEFENDANT'S REPLY TO 2252(d)
NEW MATTER OF DEFENDANT PROTECTION SERVICES. INC.
57. The allegations set forth in this paragraph of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as
factual allegations, said allegations are specifically denied in that after reasonable investigation,
the Commonwealth Defendant is without sufficient knowledge or infom~ation to form a belief as
to the truth of these allegations.
WHEREFORE, Commonwealth of Pennsylvania, Department of Transportation,
respectfully requests that judgment be entered in its favor and against all other parties.
Respectfully submitted,
o. MICHEL FISI- ER
Attor~General
/I~ERHARD SCHWAIBOLD, I.D. # 55379
'Senior Deputy Attorney General
DATED: November 5, 2002
CER TIFICA TE OF SER VICE
I hereby certify that I am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
SER VICE B Y FIRST CLASS MAlL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
TODD B. NARVOL, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
305 NORTH FRONT STREET
SIXTH FLOOR, P.O. BOX 999
HARRISBURG, PA 17108
(Attorney for Coble & Sunflower Carriers,
Inc.) (Plaintiffs)
HARRY McMUNIGAL, ESQUIRE
BINGAMAN, HESS, COBLENTZ
& BELLEVUE
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(Attorney for Valley Quarries, Inc.)
THOMAS P. BRACAGLIA, ESQUIRE
KELLY, MCLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO
& WHITE, LLP
620 W. GERMANTOWN PIKE
SUITE 350
PLYLOUTH MEETING, PA 19462
(610) 941-7900
(Attorney for Protection Services, Inc.)
Torts Litigation Section
15~ Floor, Strawberry Square
Harrisburg, PA 17120
717-787-2168 - Direct Dial
By:
GERHARD SCHWAIBOLD ID #55379
Senior Deputy Attorney General
DATED: November 5, 2002
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Gerhard Schwaibold
Senior Deputy Attorney General
Direct Dial 717-787-2168
JESSE RAY COBLE,
SUNFLOWER CARRIERS, adk/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC. And PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
: CIVIL ACTION- LAW
: JURY TRIAL DEMANDED
'.
: NO. 02-1429
COMMONWEALTH DEFENDANTS' ANSWER
AND NEW MATTER CROSS-CLAIM PURSUANT TO 2252(d~
AND NOW, comes the Defendant, Department of Transportation, Commonwealth of
Pennsylvania (hereinafter "Commonwealth Defendant"), by and through the Office of Attorney
General, and hereby files the following Answer and New Matter to Plaintiffs' Complaint.
2.
3.
4.
5.
6.
7.
8.
Denied pursuant to Pa. R.C.P. 1029(e).
Denied pursuant to Pa. R.C.P. 1029(e).
Admitted as stated.
Admitted upon information and belief.
Admitted upon information and belief.
Admitted, based solely on information obtained from the police accident report.
Admitted, based solely on information obtained from the police accident report.
Admitted, based solely on information obtained, from the police accident report.
9. Admitted as stated.
10. Admitted upon information and belief.
11. Admitted upon information and belief.
12. Admitted upon information and belief.
13. Admitted upon information and belief.
14. Admitted upon information and belief.
15. Admitted only to the extent that the written docu:ments specifically set forth terms
of the agreements. The terms speak for themselves.
16. The allegations set forth in these paragraphs Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
COUNT I - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ray Coble and Crete Carrier Corporation d/b/a Sunflower Carriers v.
Department of Transportation of the Commonwealth of Pennsylvania
17. The Commonwealth Defendant incorporates herein by reference its answers to
paragraphs 1 through 16 of Plaintiffs' Complaint as though fully set forth herein at length.
18. The allegations set forth in these paragraphs PlaintiWs Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
19. The allegations set forth in these paragraphs PlaintiWs Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
20. The allegations set forth in these paragraphs Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
21. The allegations set forth in these paragraphs Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required ]pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e). By way
of further response, it is specifically denied that the Commonwealth Defendant, in any way,
employed the "State Police" or that it assumed the duty to instruct them.
22. The allegations set forth in these paragraphs Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
23. The allegations set forth in these paragraphs Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
24. The allegations set forth in these paragraphs Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
25. The allegations set forth in this paragraph of Plaintiffs' Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as
factual allegations, said allegations are specifically denied in that after reasonable investigation,
26. The allegations set forth in these paragraphs PlainfiWs Complaint constitute
conclusions of law to which no responsive pleading is required ]pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
27. The allegations set forth in these paragraphs PlaintiWs Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania
Rules of Civil Procedure. To the extent that portions of these paragraphs could be construed as
factual allegations, said allegations are specifically denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Commonwealth of Pennsylvania, Depm~nent of Transportation,
respectfully requests that judgment be entered in its favor and against all other parties.
COUNT II - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ray Coble and Crete Carrier Corporation d/bla Sunflower Carriers v.
Valley Quarries. Inc.
28. The Commonwealth Defendant incorporates herein by reference its answers to
paragraphs 1 through 27 of Plaintiffs' Complaint as though fully set forth herein at length.
29. The avemxents of these paragraphs are directed to other parties, and, accordingly,
no response is required.
30. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
31. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
32. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
33. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
34. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
35. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
36. The averments of these paragraphs are directed to other parties, and, accordingly,
no response is required.
37. The averments of these paragraphs are directed to other parties, and, accordingly,
no response is required.
WHEREFORE, Commonwealth of Pennsylvania, Department of Transportation,
respectfully requests that judgment be entered in its favor and against all other parties.
COUNT H - CONTRIBUTION AND/OR INDEMNIFICATION
Jesse Ray Coble and Crete Carrier Corporation d/b/a Sunflower Carriers v.
Protection Services. Inc.
38. The Commonwealth Defendant incorporates herein by reference its answers to
paragraphs 1 through 37 of Plaintiffs' Complaint as though fully set forth herein at length.
39. The averments of these paragraphs are directed to other parties, and, accordingly,
no response is required.
40. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
41. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
42. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
43. The av¢~cl~ents of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
44. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
45. The averments of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
46. The av¢~cc~ents of these paragraphs are directed to other parties, and, accordingly,
no response ~s required.
47. The averments of these paragraphs are directed ~Io other parties, and, accordingly,
no response ~s required.
WHEREFORE, Commonwealth of Pennsylvania, Department of Transportation,
respectfully requests that judgment be entered in its favor and against all other parties.
48. The present action is controlled by the provisions of 1 Pa. C.S. §2310 and Act No.
1980-142, set forth in 42 Pa. C.S. §§8501, et seq., which Acts are incorporated herein and pled
by reference. The Commonwealth Defendant asserts all the defenses contained therein.
49. There is no cause of action based upon a failure to inspect or improper inspection
in that sovereign immunity has not been waived for such claims.
50. The Commonwealth party is immune from suit pursuant to 1 Pa. C.S. §2310, and
this action is not within any of the exceptions to immunity as set forth in 42 Pa. C.S. §8522, and
therefore this action is barred.
51. The Commonwealth party is immune from claims grounded upon negligence of
independent contractors.
52. The Commonwealth of Pennsylvania, Department of Transportation, is immune
from claims alleging conditions on rather than of the highway.
53. Should liability be found on the part of the Commonwealth Defendant, the
amounts and types of damages recoverable in the present action are limited and controlled by 42
Pa. C.S. §8528.
54. Funeral and estate administration expenses are not recoverable against the
Commonwealth party.
55. This action is barred by the applicable statute of'limitations.
56. The Commonwealth Defendant asserts all defenses available to it under the Motor
Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701, et seq., and any successor statute
and claims any defenses which may be available pursuant to said Act.
57. The causal negligence of the Plaintiff is greater than any negligence on the part of
the Commonwealth Defendant, or the combined negligence of the Defendants, and therefore
Plaintiffs' recovery is barred pursuant to 42 Pa. C.S. §7102; in the alternative, any recovery must
be diminished in accordance with the Pennsylvania Comparative Negligence Act.
58. The Commonwealth party is immune from suit pursuant to 1 Pa. C.S. §2310, and
this action is not within any of the exceptions to immunity as set forth in 42 Pa. C.S. §8522, and
therefore this action is barred.
59. The Commonwealth party is immune from claims grounded upon negligence of
independent contractors.
60. The Commonwealth of Peunsylvania, Department of Transportation, is immune
from claims alleging conditions on rather than of the highway.
WHEREFORE, Commonwealth of Pennsylvania, Department of Transportation,
respectfully requests that judgment be entered in its favor and against all other parties.
2252(d) NEW MATTER DIRECTED TO DEFENDANTS
VALLEY OUARRIES. INC. AND PROTECTION SERVICES. INC.
61. The factual averments of the Plaintiffs' Complaint are incorporated herein by
reference as if fully set forth at length without admission or adoption.
62. Liability on the part of the Commonwealth Defendant is specifically denied.
63. If the averments contained in the Plaintiffs' Complaint are established, said
averments being specifically denied, as they may relate to the Commonwealth Defendant, then
the injuries and damages complained of were cause solely by the Plaintiff.
64. Defendants, Valley Quarries, Inc. and Protection Services, Inc., have been joined
herein to protect the Commonwealth Defendant's right of indenmity and contribution, and the
Commonwealth Defendant avers that the above-said Defendants are alone liable to the Plaintiff,
or in the alternative, that the above-said Defendants are liable over to the Commonwealth
Defendant, or jointly and severally liable on the Plaintiffs' causes of action.
WHEREFORE, Commonwealth of Pennsylvania, Department of Transportation,
respectfully requests that judgment be entered in its favor and against all other parties.
By:
Respectfully submitted,
D. MICHAEL FISttER
Atto~/General
'~ERHARD SCHWAIBOLD, I.D. 55379
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
(717) 787-2168 - Direct Dial
Dated: November 6, 2002
CER TIFICA TE OF SER VICE
I hereby certify that I am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
TODD B. NARVOL, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
305 NORTH FRONT STREET
SIXTH FLOOR, P.O. BOX 999
HARRISBURG, PA 17108
(Attorney for Coble & Sunflower Carriers,
Inc.) (Plaintiffs)
HARRY McMUNIGAL, ESQUIRE
BINGAMAN, HESS, COBLENTZ
& BELLEVUE
TREEVIEW CORPORATE CENTER
SUITE 100,. 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(Attorney for Valley Quarries, Inc.)
THOMAS l?. BRACAGLIA, ESQUIRE
KELLY, MCLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO
& WHITE, LLP
620 W. GERMANTOWN PIKE
SUITE 350
PLYLOUTH MEETING, PA 19462
(610) 941-7900
(Attorney t~or Protection Services, Inc.)
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-787-2168 - Direct Dial
By:
~ERI-IARD SCHWAIBOLD ID #55379
Senior Deputy Attorney General
DATED: November 6, 2002
THOMAS, THOMA~ & HAFER, LLP
Todd B. Nm'vol, Esquire
Pa. 1DNo.: 42136
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7133
Attorneys for Plaintiffs
JESSE RAY COBLE,
SUNFLOWER CARRIERS aJk/a
SUNFLOWER CARRIERS, INC.,
Plaintiffs
Vo
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, VALLEY
QUARRIES, INC., and PROTECTION
SERVICES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, pENNSYLVANIA
: NO.: Civil O2-1429
.
.
PLAINTIFFS' REPLY TO DEFENDANT DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA'S NEW MATTER
AND NOW, Plaintiffs Jesse Ray Coble and Sunflower Carriers affda Sunflower Carders,
Inc., by and through their attorneys, Thomas, Thomas & Haler, LLP file this Reply to Defendant
Department of Transportation of the Commonwealth of Pennsylvania's New Matter and in
support thereof avers the following:
48-60. Denied as conclusions of law to which no response is required. Denied further
pursuant to Pa.R.Civ.P. 1029(e).
61-64. Plaintiffs incorporate by reference as though fully set forth herein the averments
and allegations contained in their Complaint.
WHEREFORE, Plaintiff's demand judgmem in their favor as set forth more fully in
their Complaint.
by
Respectfully submitted,
Thomas, Thomas & Haler, LLP
305 N. Front Street
POB 999
Harrisburg, PA 17108-0999
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a tree and correct copy of the foregoing by
facsimile, addressed to the following:
Thomas P. Bracaglia, Esq.
Kelly, McLaughlin & Foster
620 W. Germantown Pike
Plymouth Meeting, PA 19462
Harry D. McMunigal, Esq.
Bingaman, Hess, Coblentz & Bellevue
Suite 660, 601 Penn Street
POB 51
Reading, PA 19603-0061
Gerhard Schwaibold, Esq.
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Date:
Thomas, Thomas & Hafer, LLP
Ap~1 ~. Casper, Secretary !
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. McMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMISSING, PA 19610
((>1 O) 374-8377
(610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, INC.
JESSE RAY COBLE AND
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY QUARRIES,
INC. AND PROTECTION SERVICES, INC.
iN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
NO. 02-1429
JURY TRIAL DEMANDED
ANSWER OF DEFENDANT VALLEY QUARRIES, INC. TO 2252(d) NEW MATTER
OF DEFENDANT THE COMMONWEALTH OF PENNSYLVANIA
61 through 64. Denied. The matters alleged herein are denied as conclusions of law to which
no responsive pleadings are required. Therefore, these allegations are denied and strict proof thereof is
demanded at the time of trial.
WHEREFORE, answering Defendant Valley Quarries, Inc. demands that 2252(d) New Matter
of Defendant The Commonwealth of Pennsylvania, Department of Transportation be dismissed with
costs and prejudice.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
Harry'S- M~gal, Esquire
VERIFICATION
The undersigned, being duly sworn according to law, deposes and says that he is counsel for the
party or parties indicated on the preceding page as being represented by said counsel, that he has
examined the pleadings and the entire investigative file made on behalf of said parties, that he is taking
this xcrification to assure compliance with the pertinent rules pertaining to timely tiling of pleadings and
other documents described by said rules; and that the facts set forth m the foregoing document are true and
correct to the best of his knowledge, information and belief. The undersigned understands that the
statements therein are made subject to the penalties of 18 Pa. CS. Section 4904 relating to unswom
Falsifications to authorities.
DATED: 'z/'~/~z.
Ha~. M~unigal, Esq.
BINGAMAN, HESS, COBLENTZ & BELl_, P.C.
BY: HARRY D. McMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
2 MERIDIAN BOULEVARD, SUITE 100
WYOMiSSING, PA 19610
(610) 374-8377, (610) 376-3105 (FAX)
ATTORNEY FOR DEFENDANT
VALLEY QUARRIES, INC.
IN TH[! COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JESSE RAY COBLE and
CRETE CARRIER CORPORATION
d/b/a SUNFLOWER CARRIERS
DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF
PENNSYLVANIA, VALLEY QUARRIES,
[NC. and PROTECTION SERVICES, INC.
CIVIl_ ACTION LAW
NO. 02-1429
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Harry D. McMunigal, Esquire, hereby certify that a tree and correct copy of the foregoing
Answer of Defendant Valley Quarries, Inc. to 2252(d) New Matter of Defendant The Commonwealth of
Pennsylvania, Department of Transportation was mailed by United States first class mail, postage prepaid
upon the following party(les):
Todd B. Narvol, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Hamsburg, PA 17108
Thomas P. Bracaglia, Esquire
KELLY, MCLAUGHLIN & FOSTER
BRACAGLIA, DALY, TRABUCCO & WHITE, LLP
620 W. Germantown Pike, Suite 350
Plymouth Meeting, PA 19462-1056
Gerhard Schwaibold, Esquire
Commonwealth of Pennsylvania
Office of Attorney General
Torts Litigation Section
15t}~ Floor, Strawberry Square
Harrisburg, PA 17120
DATE:
HarrY/X'd. N(c,~lunigal, Esquire
KELLY, McLAUGHLIN, FOSTER, BRACAGLIA,
DALY, TRABUCCO & WHITE, LLP
BY: Thomas P. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA,
VALLEY QUARRIES, INC., AND
PROTECTION SERVICES, INC.
: COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
:
: NO. CIVIL 02-1429
_.
-_
._
:
REPLY DEFENDANT PROTECTION SERVICES, INC.
TO NEW MATTER CROSSCLAIM PURSUANT TO
Pa.R.C.P. 2252(d) OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA
61. Answering Defendant incorporates herein its Answer to PlaimiWs Complaint
with New Matter and New Matter pursuant to Pa.R.C.P. 2252(d).
62. Denied as a conclusion of law to which no responsive pleading is required.
63. Denied as a conclusion of law to which no responsive pleading is required.
64. Denied as a conclusion of law to which no responsive pleading is required and
denied pursuant to Pa. R.C.P. 1029. Further, all allegations against Answering Defendant are
denied. To the contrary, Answering Defendant is not liable to a:ay party on any theory of
liability advanced. As to those allegations addressed to parties other than Answering Defendant,
no responsive pleading is required.
WHEREFORE, Defendant Protection Services, Inc. denies any liability to any party to
this action and demands judgment in its favor together with costs.
KELLY, McLAUGHLIN, FOSTER,
BRACAGLIA, DALY, TRABUCCO & WHITE, LLP
Thon
Attor
~ Bracaglia, Esquire
For Defendant Protection Services, Inc.
DATED: I /."// 7./][J/-'''~
KELLY, McLAUGHLIN, FOSTER, BRACAGLIA,
DALY, TRABUCCO & WHITE, LLP
BY: Thomas P. Bracaglia, Esquire
I.D. No. 32330
620 W. Germantown Pike
Suite 350
Plymouth Meeting, PA 19462
(610) 941-7900
Attorney for Defendant Protection Services, Inc.
JESSE RAY COBLE,
SUNFLOWER CARRIERS, a/k/a
SUNFLOWER CARRIERS, INC.
Vo
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF PENNSYLVANIA,
VALLEY QUARRIES, INC., AND
PROTECTION SERVICES, INC.
: COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: NO. CIVIL 02-1429
:
:
CERTIFICATE OF SERVICE
I, THOMAS P. BRACAGLIA, ESQUIRE, hereby certify that I did cause to be mailed
a tree and correct copy of Defendant Protection Services, Inc.'s Reply to New Matter
Crossclaim Pursuant to Pa. R.C.P. 2252(d) of Defendant Commonwealth of Pennsylvania to the
below listed on the date indicated:
Kimberly Bohl, Esquire
THOMAS, THOMAS &
HAFER
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, PA 17108
Harry D. McMunigal, Esquire
BINGAMAN, HESS,
COBLENTZ & BELLEVUE
Suite 600, 601 Penn Street
P.O. Box 51
Reading, PA 19603-0061
Gerhard Schwaibold, Esquire
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Date:
TISP. B~~~CAGLIA, ESQUIRE
THOM~, THOMA~ & HAl:ER, LLP
Todd B. Narvol, Esquire
Pa. ID No.: 42136
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7133 Attorneys ~or Plaintiffs
JESSE RAY COBLE,
SUNFLOWER CAR~RS a/k/a
SUNFLOWER CARRIERS, 1NC.,
Plaintiffs
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA, ~ ALLEY
QUARRIES, INC., m d PROTECTION
SERVICES, INC.,
Defendants
TO THE PROTHON* ~TARY:
Please mark tt
:NO.: CivilO2-1429
PRAECIPE TO DISCONTINUE
above case as settled and discontinued with prejudice.
Respectfully submitted,
Thomas, Thomas & Hafer, LLP
by
Todd B. Narvol, I.D. No. 42136
305 N. Front Street
POB 999
Harrisburg, PA 17108-0999