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HomeMy WebLinkAbout01-3504 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 NO. &;- 3507" &;J Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 CML ACTION - LAW JURY TRIAL DEMANDED Sheri Jacobson, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v. BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC., t/d/b/a SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia PA 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg PA 17055 and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Riverfront Office Center 1101 South Front Street Harrisburg PA 17104 and COUNTY OF NORTHUMBERLAND 20 1 Market Street Sunbury PA 17801 and BOROUGH OF NORTHUMBERLAND 221 Second Street Northumberland PA 17857 and DAWN R. RAYNES 94 Hanover Street Northumberland PA 17857 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writ of Summons in the above-captioned action. Richard E, Freeburn, Esquire 4775 Linglestown Road, Ste. 200 Harrisburg, PA 17112 (717) 671-1955 Writ of Summons shall be issued and forwarded to ( X ) Attorney ( ) Sheriff ~J N'~A~ r-vJ2 Signature of Attorney Supreme Court 1D No. 30965 Date: 6/6/01 ,~ _ t ~ ~ ~ '~ ~ ~ \~ l~ ~ ~ ~ \ ~ ~ g c:> 3: ~g] ~ ~~ J, ~C) ~8 ~ ~ ~ ;: ~ o "Tf :11 r'o., --T ~"'l -i~::- "c;d"n .n<:? C "::1 C) =-.:: 71 C)..:J ~o am ~ ;n -< . WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): BARRY LEE MUTSCHLER; SUN COMPANY, INC. t/d/b/a SUNOCO, INC.; ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINDING GROUP; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; and DAWN R. RAYNES YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU, Date: t.( vltJ/ By: Deputy .. . ./: . f.\.." '. ., .. ..,' ~..~"'. . ~.\, .,', ". ~ ;~ .... [L ~1- ro t,~ J[f ~-t + ~ t'~ r~ ~ I) r? r1 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 NO. 01-3504 Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysvi1le PA 17053 CMLACTION - LAW JURY TRIAL DEMANDED Sheri Jacobson, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v. BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC., t/d/b/a SUNOCO, INC. Ten Penn Center 180 1 Market Street Philadelphia PA 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg PA 17055 and . ' . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Riverfront Office Center 11 0 1 South Front Street Harrisburg PA 17104 and COUNTY OF NORTHUMBERLAND 201 Market Street Sunbury PA 17801 and BOROUGH OF NORTHUMBERLAND 221 Second Street Northumberland PA 17857 and DAWN R. RAYNES 94 Hanover Street Northumberland PA 17857 Defendants PRAECIPE TO: Prothonotary Kindly reissue the Writ of Summons in this matter. Respectfully submitted, FREEBURN & HAMILTON By: RiS3i.1~uITe J.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 7/2/01 Attorney for Plaintiffs r l) ~:€ -'r-' nlt~' Z:} 1;2-: -< ~-: r:::c.: <- ~c; -~ c ~c z -' -< , . c:,:~ ,~ -..' r) (-- ~;= c../ -M :.n C.J .~~! :i"J -< ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As Custodial Parent and Guardian, and in her own right 302 South State Road MarysviIle PA 17053 NO. 01-3504 Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 CIVIL ACTION - LAW JURY TRIAL DEMANDED Sheri Jacobson, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v. BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC., tjdjbja SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia PA 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, tjdjbja ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg PA 17055 and r . Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 NICHOLAS HEVEL, a rninor, by Janice Hevel, As custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by JANICE HEVEL, as Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 01-3504 CIVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Commonwealth of Pennsylvania, Department of Transportation, in the above-captioned matter. . . Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 717-783-8035 - Direct Dial DATED: July 11,22001 Respectfully submitted, By: 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 MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD E. FREEBURN, ESQUIRE 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, PA 17112 717-671-1955 (Attorney for Plaintiff Janice Hevel) MICHAEL GOTTSHALL, EXECUTOR OF THE ESTATE OF JACK D. DEIBLER 3 PATRICIA DRIVE ENOLA, P A 17025 BARRY LEE MUTSCHLER RD 2, BOX 474-K NORTHUMBERLAND, PA 17857 BOROUGH OF NORTHUMBERLAND 221 SECOND STREET NORTHUMBERLAND, PA 17857 Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: July 12, 2001 SUN COMPANY, INC. tld/b/a SUNOCO, INC. TEN PENN CENTER 1801 MARKET STREET PIDLADELPIDA, PA 19103 ATLANTIC REFINING AND MARKETING CORPORATION, tld/b/a ATLANTIC REFINING GROUP 5145 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 COUNTY OF NORTHUMBERLAND 201 MARKET STREET SUNBURY, PA 17801 DAWN R. RAYNES 94 HANOVER STREET NORTHUMBERLAND, PA 17857 By: a CAJ- P t~ (T ... ~ t..Cj (' !j :)- :b ~ v.l '. 00 o c-= .....:s;": p'!.t-;, -:-,-)!_l ~_-.I (;-; \':. B: (~:.' ,j.-, ~ ;.:r:: ~--~ :.i:";;;'C:_ /: ----< -< ~ C) ~~ L: :.'~ ) C;;) 0) . ;Ii --<" ::( SHERIFF'S RETURN - REGULAR -tASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ATLANTIC REFINING AND MARKETING CORPORATION the DEFENDANT , at 1502:00 HOURS, on the 25th day of June 2001 at 5145 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 by handing to DAVE CROSS, TERMINAL MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.68 .00 10.00 .00 36.68 .r~~~ R. Thomas Kline 07/24/2001 FREEBURN & Sworn and Subscribed to before By: me this e,!!f:- day of D.;~ ,;l(}Z) / A . D . C}l:'" ~ 0 /;u li~. " ~ othonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SUN COMPANY INC T/D/B/A SUNOCO INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 6.00 9.00 10.00 116.00 .00 141.00 07/24/2001 FREEBURN & SO;e~7 h ~ R. omas K J.ne Sheriff of Cumberland County HAMILTON Sworn and subscribed to before me this ~ ~ day of Qhr'~.r .2.&c ( A ..D. ~,~ () /u,""-' ~ Prothonotary , . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PENNSYLVNIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 07/24/2001 FREEBURN & SO__~~7 R. . homas Kline Sheriff of Cumberland County HAMILTON Sworn and subscribed to before me this I; It:- day of ()/'j'ur J.bol A.D. 9rL- Qp~jsf SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MUTSCHLER BARRY LEE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Northumberland 59.10 .00 84.10 07/24/2001 FREEBURN & HAMILTON So answer~ . >? _~/ ? R.L~~/ Sheriff of Cumberland County Sworn and subscribed to before me this I. t day of (2"tur- J...t..o { A.D. ~ Q 7h ,U,. / 'q"7.f" Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NORTHUMBERLAND COUNTY OF but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/24/2001 FREEBURN & :o~. Sheriff of Cumberland County "::? HAMILTON Sworn and subscribed to before me this L f!<.- day of Q,. r-.r- ..2o-v t A.D. 0,1" () 'YJ1, till, ,J 1n--r Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NORTHUMBERLAND BOROUGH OF but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge So 6.00 .00 10.00 .00 .00 16.00 07/24/2001 FREEBURN & R. homas Kline Sheriff of Cumberland County HAMILTON Sworn and subscribed to before me this i <e- day of I1,,'..)-- ;be, A.D. C)-rL- pIlt~~~y~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RAYNES DAWN R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/24/2001 FREEBURN & SO~~~~:;>.7 R. /Thomas K11ne . Sheriff of Cumberland County HAMILTON Sworn and subscribed to before me this t~ day of ~,..r' :Leo( A. D. C)'f''- 0 Yu. PI. " ~ Prothonotary In" The Court of Common Pleas of Cumberland County, Pennsylvania Nicholas Hevel et al VS. Barry Lee Mutschler et al . SERVE: Sun Company Inc. t/d/b/a ~o. 01- Sunoco Inc. . 3504 civil ~ow, June ,ill), 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~ Sheriff of Cum berland County, P A Affidavit of Service ~ow, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ p~;.I~e\p~\o- SHERIFF'S RETURN - SUMMONS/COMPL.AINT . " I~ COMMON PLEAS NO. COUNTY COURT VERSUS TERM. 19 ~~ji NO. 11 ~ == Defendant SERVED AND MADE KNOWN TO Slu- :2 r"'-- - 2'J _"d~l C="", of the within Summonsfi om plaint, issued in the ajklve captioned matter -/[A? rJ ~ ,~O I at 62> o'clock, M., E.S.T./D.S.T. ~ ~ ~ by handing a true and attested copy '7-3 /.kJ/ . on D (1) the aforesaid defendant, personally; D (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of D (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; , in the County of Philadelphia, at State of Pennsylvania, to D (4) the manager/clerk of the place of lodging in which said defendant resides; ~(5) D (6) agent or person for the time being in charge of defendant's office or usual place of business. the and officer of said defendant Company; So Answers, JOHN D. GREEN, Sheri!! By: 12-38 (Rev. 12Al7) @ttire of t4~ ~4~riff William T. Tully Solicitor J, Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin Counly Harrisburg, Pennsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HEVEL NICHOLAS A MINOR BY JANICE HEVEL vs County of Dauphin PA DEPT OF TRANSPORTATION Sheriff's Return No. 1728-T - -2001 OTHER COUNTY NO. 01-3504 F~D NOW: July 3, 2001 at 9:30AM served the within SUMMONS upon PA DEPT OF TRANSPORTATION by personally handing to MARY TAYLOR, CLERK STENOGRAPHER III 1 true attested copy (ies) of the original SUMMONS and making known to him/her the contents thereof at COMMONWEALTH & KEYSTONE BLDG 400 NORTH ST. HARRISBURG, PA 17101-0000 "'/" :.... 'M,.of;.,~~) So Answers I JRr#L Sworn and subscribed to before me this 3RD day of JULY, 2001 ::.dr;oK~=" Deputy Sheriff Pa. Sheriff's Costs: $25.50 PD 06/26/2001 RCPT NO 151381 FURE In The Court of Common Pleas of Cumberland County, Pennsylvania Nocholas Hevel et al VS. Barry Lee Mutschler et al SERVE : Ccmnonwealth of Pennsylvania No. 01- Department of Transportation 3504 civil Now, June ~o. 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~t"" /' .;f~ r ....~4-~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20 ,at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff 0 f County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERV1CE MILEAGE AFFIDA V1T $ 3) PLAINTIFF: HEVEL, NICHOLAS ET AL P: VS: DEFENDANT: MUTSCHLER, BARRY LEE D: R.D.2 BOX 474K, NORTHUMBERLAND, PA D: COUNTY OF NORTHUMBERLAND D: 201 MARKET ST. D: SUNBURY, PA 17801 CASE #: 01 NO 3504 CTY FILED: CUMBERLAND FILE DATE: 01/06/06 DATE RECEIVED: 01/06/21 ASSIGNED TO: 4 DEF LAW FIRM: CUMBERLAND EXPIRES: 2001/07/06 SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: COUNTY OF NORTHUMBERLAND PRAECIPE & BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: WRIT OF SUMMONS PERSON SERVED: WILLIAM STESNEY DATE SERVED: 2001/06/22 CAPACITY: CHIEF CLERK TIME: 10:30 AM PLACE SERVED: ADMINSTRATION BLDG., 5TH STREET, SUNBURY, PA COUNTY OF NORTHUMBERLAND AND CONTENTS THEREOF. STATE OF PENNA" MAKING KNOWN UNTO : HIM SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: BY: SHERIFF CHARLES S. BERKOSKI THE ,~ I .~ ~ t'a .a ~ ~~ :~ ~ ~~-3'~ j ~ tiij18 l'-\' -lilt'! ~ E. . '0 ..+->(:I 0 0", ~~< ~ .~s.~ I HEREBY CERTIFY AND RETURN THAT I SERVED: BARRY LEE MUTSCHLER PRAECIPE & BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: WRIT OF SUMMONS PERSON SERVED: BARRY LEE MUTSCHLER DATE SERVED: 2001/07/05 CAPACITY. PERSONALLY TIME: 12:00 PM PLACE SERVED: SHERIFF'S OFFICE, SUNBURY, PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : HIM THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: SEARLS, ROBERT BY: SHERIFF'S COSTS: $ 59.10 REC #: 18542 NO. OF ATTEMPTS: 6 DOCKET PAGE #: 01 CV 0378 A PLAINTIFF: HEVEL, NICHOLAS ET AL P: VS: DEFENDANT: MUTSCHLER, BARRY LEE D: BOROUGH OF NORTHUMBERLAND D: 221 SECOND ST., NORTHUMBERLAND, PA 17857 D: RAYNES, DAWN R. D: 94 HANOVER ST., CASE #: 01 CV 3504 CTY FILED: CUMBERLAND FILE DATE: 01/06/06 DATE RECEIVED: 01/06/21 ASSIGNED TO: 4 DEF LAW FIRM: CUMBERLAND EXPIRES: 2001/07/06 NORTHUMBERLAND, PA 17857 SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: BOROUGH OF NORTHUMBERLAND BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PRAECIPE & WRIT OF SUMMONS PERSON SERVED: JANICE BOWAN DATE SERVED: 2001/07/03 CAPACITY: BOROUGH SECRETARY IN CHARGE TIME: 2:50 PM PLACE SERVED: BOROUGH BLDG., 221 SECOND ST., NORTHUMBERLAND, PA COUNTY OF NORTHUMBERLAND AND CONTENTS THEREOF. STATE OF PENNA" MAKING KNOWN UNTO : HER SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: MORACK, ANDREW BY: THE fJJ ~ o'S ~~ ~; S",O ~:a0l .. +> . e",A ~ S' ~s.&-,,~ I HEREBY CERTIFY AND RETURN THAT I SERVED: DAWN R. RAYNES PRAECIPE & BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: WRIT OF SUMMONS PERSON SERVED: DAWN R. RAYNES DATE SERVED: 2001/07/02 CAPACITY PERSONALLY TIME: 11:03 AM PLACE SERVED: SHERIFF'S OFFICE, SUNBURY, PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : HER THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: SEARLS, ROBERT BY: !~s.~ . SHERIFF'S COSTS: REC #: 18542 NO. OF ATTEMPTS: DOCKET PAGE #: 01 CV 0378 B . In' The Court of Common Pleas of Cumberland County, Penmsylvania Nicholas Hevel et al VS. Barry Lee Mutschler et al SERVE: Barry Lee Mutschler No, 01 3504 civil Now, June .>10, 2001 , I, SHERIFF OF CUM:BERLAND COUNTY, P A., do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff . ?,"~e.,</~ Sheriff of Cum berland County, P A Affidavit of Service ,20_, at o'clock M. served the Now, within upon at by handing to a copy of the original and made blOwn to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this davof ?O - "" ,-- COSTS SERVICE Jv1ILEAGE AFFIDAVIT $ 3> " In The Court of Common Pleas of Cumberland County, Penmsylvania Nicholas Heve1 et al VS. Barry Lee Mutschler etal Dawn R. Raynes SERVE : No. 01 3504. civil Now, June .;10, 2001 , I, SHERIFF OF CUMBERLAND COUNry, P A, do hereby deputize the Sheriff of Northumberland County to execute thi s Writ, this deputation being made at the request and risk of the Plaintiff. r~~/~ Sheriff of Cumberland County. PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ : 'In The Court of Common Pleas of Cu.mberland County, Penmsylvania Nicholas Hevel et al VS. Barry Lee Mutschler et al SERVE: Borough of Northunberland No. 01 3504 civil Now, June ~o. 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northumberland County to execute thLs Writ, this deputation being made at the request and risk of the Plaintiff. ~~/~ Sheriff of Cumherland County, P A Affidavit of Service Now, ,20 ,at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of , 20_ COSTS SERV1CE :tvllLEAGE AFFIDAVIT $ $ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and No. 01-3504 Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and CIVIL ACTION - LAW Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and JURY TRIAL DEMANDED Sun Company, Inc., tJd/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, tJd/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumertand and Borough of Northumberland and Dawn R. Raynes ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Sunoco, Inc, (R&M), incorrectly designated in Plaintiffs' Complaint as Defendants Sun Company, Inc. t/d/b/a Sunoco, Inc. and Atlantic Refining and Marketing t/d/b/a Atlantic Refining Group only in the above-captioned matter. LAW OFFICES OF JOHN F. FOX, JR. By: ~J~ . n F. Fox, Jr., Esq i e Attorneys for Defendant Sunoco, Inc. (R&M) Identification No. 31854 2 Penn Center - Suite 1310 Philadelphia, PA 19102 (215) 568-6868 Date: 1~;}."~P I . - CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of defendant Sunoco, Inc. (R&M)'s Entry of Appearance has been served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this J..~ t4 day of July, 2001, Richard E. Freebum, Esquire 4775 Linglestown Road, Harrisburg, Pa 17112 Commonwealth of Pennsylvania Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, Pa 17104 County of Northumberland 201 Market Street Northumerland, Pa 17857 Dawn R. Raynes 4 Hanover Street Northumerland, Pa 17857 By: JUF!,{t~uire Attomey for Defendant, Sunoco, Inc. (R&M) Date: 7~2"- ./ ~ . ~ cr r=l.- ./, j."., -. ~'l ~<. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 NO, 01-3504 Brittany Russ, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 CIVIL ACTION - LAW JURYTR~LDEMANDED Sheri Jacobson, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right 302 South State Road Marysville PA 17053 Michael Gottshall, Executor of the Estate of Jack D. Deibler 3 Patricia Drive Enola PA 17025 Plaintiffs v, BARRY LEE MUTSCHLER RD 2, Box 474-K Northumberland PA 17857 and SUN COMPANY, INC" tjd/bja SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia PA 19103 and ATLANTIC REFINING AND MARKETING CORPORATION, tjdjbja ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg PA 17055 and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Riverfront Office Center I 10 1 South Front Street Harrisburg PA 17104 and COUNTY OF NORTHUMBERLAND 201 Market Street Sunbury PA 17801 and BOROUGH OF NORTHUMBERLAND 221 Second Street Northumberland PA 17857 and DAWN R. RAYNES 94 Hanover Street Northumberland PA 17857 Defendants PRAECIPE TO: Prothonotary Kindly reissue the Writ of Summons in this matter. Respectfully submitted, FREEBURN & HAMILTON ~~ By: v . chard E.' eebum, Esqmre J.D. No. 30965 4415 North Front Street Harrisburg, P A 1711 0 (717) 671-1955 Dated: 7/30101 Attorney for Plaintiffs f,l" i:~t , r~ c r; "'~~l r ~~~., '.. r..'l ~ :..- _:i -< :J~J r'::l Jefferson J. Shipman, Esquire I.D. *51785 John R. Ninosky, Esquire I.D. *78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 counsel for Defendant Raynes NICHOLAS HEVEL, a minor by Janice Hevel, As Custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as Custodian Parent and Guardian,: and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL CIVIL ACTON - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on~: Richard E. Freeburn, Esquire 4775 Linglestown Road Harrisburg, PA 17112 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. J ff rson J. Shipman, Esquire torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: ~ l-S',.:;h:'t:)\ 67038.1 -- 0 0 C) () C -11 ;'?: ". '"Va: ~ ~ rnr:-' G') j-= Z~T' ,"\ Z ,_. ,-, ~ '- 0'> , "~ , CJ C) r;: "-\J <- ;~,~? :t: 0 _.,,,. () L.. CJ :,~:)cn :> c t:~) ~~ Z :J1 :< IJ (l" -< .' Jefferson J. Shipman, Esquire I.D. *51785 John R. Ninosky, Esquire I.D. *78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Raynes NICHOLAS HEVEL, a minor by Janice Hevel, As Custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as Custodian Parent and Guardian,: and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL CIVIL ACTON - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. J fferson J. Shi Esquire J hn R. Ninosky, Esquire Attorneys for Defendant Raynes DATE: ~ ISf ~'O\ RULE TO: Richard E. Freeburn, Esquire 4775 Linglestown Road Harrisburg, PA 17112 Attorney for Plaintiffs A Rule is hereby issued upon Plaintiff, Stacey L. Harmon, to file a Complaint against Defendants within twenty (20) days of service hereof, or suffer judgment of non pros. Curt DATE: 67064.1 . '"_.. _lUkIl,wmi'-'.'.J>o.;,1 .,.1 1';,Jl-J,IU CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on O""i-' I-S; a-ClC.'l-: Richard E. Freeburn, Esquire 4775 Linglestown Road Harrisburg, PA 17112 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. . DATE: a........ ~~I ~\ 67038.1 0 J fferson J. S 'pman, Esquire torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes -otL t:;.l q.~. Z~: (J?,c, ;:S? ~"-., :>;Q /=c..; ::<:'C;:';:' :z :;! "',,."m~._ '""""."'''~'... _,","~o, o c: ;:::; C) .,.,. -- '6, , '1]~ G' .~ \.,.- ,(~) ~ ., .. .-~ -""\ r- ::;) c:) (") ~~~~ll'C '.':;' ~o :=< - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and No. 01-3504 Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and CIVIL ACTION - LAW Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and JURY TRIAL DEMANDED Sun Company, Inc., tld/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, tld/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland and Borough of Northumberland and Dawn R. Raynes ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Barry Lee Mutschler in the above-captioned matter. LAW OFFICES OF JOHN F. FOX, JR. By: ,1. ..1b'/ J n F. Fox, Jr., Esquire Attorneys for Defendant SunoCQ, Inc. (R&M) and Barry Lee Mutschler Identification No. 31854 2 Penn Center - Suite 1310 Philadelphia, PA 19102 (215) 568-6868 Date:~ CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendant !3arry Lee Mutschler's Entry of Appearance has been served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 21st day of November, 2001. Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, Pa 17110 Jeffrey Jefferson Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, pa 17108-1268 LAW OFFICES OF JOHN F. FOX, JR. Date: 1/-~L-lJl By: 0..11. . ~1: ~ ~hn F. Fox, J., quire Attomey for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) ~ 8 0 ~2 s:: z -~} -OlD C;J "'rl I:p r7l ''''''- ...c:.:... :'1.") N -"'. ~-1 ) ZS: -..':),t (,t) ...: -' ~~~~ ~t~l ".. ;<:: . >.'1 ~8 ::x r"')_ :~'(fi .,,,:,- r <.f? ~ ~ N 55 -< , . .. .. . NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITIANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTISHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC-, t/d/b/a SUNOCO, INC- ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/aATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R, RAYNES, Defendant 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: 11/15/01 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~,..,w~ FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717)671-1955 LD. #30965 Attorney for Plaintiff . .. .;..) ~ NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent a and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEmLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., t/d/b/a SUNOCO, INe. ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP; COMMONWEALTH OF : PENNSYL VANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R. RAYNES, Defendant COMPLAINT AND NOW come Plaintiffs, by their attorneys, Freeburn & Hamilton, and file the following Complaint: I. PARTIES: 1. Plaintiff, Nicholas Hevel, is a minor, age 10, born on October 5, 1990, who resides with his mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. 2. Plaintiff, Brittany Russ, is a minor, age 8, born on May 21, 1993, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. ... . .of ~ 3. Plaintiff, Sheri Jacobson, is a minor, age 17, born on May 2, 1984, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. 4. Plaintiff, Michael Gottshall is the Executor of the Estate of Jack D. Deibler, by virtue of Letters Testamentary issued by the Register of Wills of Cumberland County, Pennsylvania on July 1, 1999. 5. Defendant, Barry Lee Mutschler, is an adult individual who resides at RD 2, Box 474-K, Northumberland, Northumberland County, Pennsylvania. 6. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is a Pennsylvania corporation with a registered office at 1801 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 7. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is a Delaware corporation, with a registered office at CT Corporation System, 1515 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 8. Defendant, Commonwealth of Pennsylvania, Department of Transportation, is a government entity, having a principal place of business at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania. 9. Defendant, County of Northumberland, is a government entity, having its principal place of business at 201 Market Street, Sunbury, Northumberland County, Pennsylvania. 2 ... - . , T 10. Defendant, Borough of Northumberland, is a government entity, having its principal place of business at 221 S. Second Street, Northumberland, Northumberland County, Pennsylvania. 11. Defendant, Dawn R. Raynes, is an adult individual, who resides at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania. II. FACTS 12. The facts and occurrences hereinafter related took place on or about June 6, 1999 at approximately 3:28 pm at the intersection of Hanover Street and Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 13. At that time and place, Plaintiffs were passengers in an automobile driven by Mary Huber who was traveling north on Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 14. At that time and place, Defendant, Barry Lee Mutschler, was operating a tanker type tractor-trailer truck owned by Defendant, Sun Company, Inc. and/or Atlantic Refining and Marketing Corporation, in a westerly direction on Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 15. At that time and place, the truck operated by Defendant, Barry Lee Mutschler, struck the automobile operated by Mary Huber in the intersection of Front Street and Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania, causing the Huber vehicle to be /I pushed into a utility pole at the northwest corner of the intersection. 3 ,. ~ . . NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTISHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs : IN 1HE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., t/d/b/a SUNOCO, INC, ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R. RAYNES, Defendant 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any rnoney 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: 11/15/01 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~d~. E..... FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717)671-1955 LD. #30965 Attorney for Plaintiff '.' "- .. 'l NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHER.I JACOBSON, a minor by Janice Hevel, as Custodial Parent - and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., t/d/b/a SUNOCO, INC. ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP; COMMONWEALTII OF : PENNSYLVANIA DEPARlMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R RAYNES, Defendant COMPLAINT AND NOW come Plaintiffs, by their attorneys, Freeburn & Hamilton, and file the following Complaint: I. PARTIES: 1. Plaintiff, Nicholas Hevel, is a minor, age 10, born on October 5, 1990, who resides with his mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. 2. Plaintiff, Brittany Russ, is a minor, age 8, born on May 21, 1993, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. ... . ~. T 3. Plaintiff, Sheri Jacobson, is a minor, age 17, born on May 2, 1984, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. 4. Plaintiff, Michael Gottshall is the Executor of the Estate of Jack D. Deibler, by virtue of Letters Testamentary issued by the Register of Wills of Cumberland County, Pennsylvania on July 1, 1999. 5. Defendant, Barry Lee Mutschler, is an adult individual who resides at RD 2, Box 474-K, Northumberland, Northumberland County, Pennsylvania. 6. Defendant, Sun Company, Inc., tjdjbja Sunoco, Inc., is a Pennsylvania corporation with a registered office at 1801 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 7. Defendant, Atlantic Refining and Marketing Corporation, tjdjbja Atlantic Refining Group, is a Delaware corporation, with a registered office at CT Corporation System, 1515 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 8. Defendant, Commonwealth of Pennsylvania, Department of Transportation, is a government entity, having a principal place of business at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania. 9. Defendant, County of Northumberland, is a government entity, having its principal place of business at 201 Market Street, Sunbury, Northumberland County, Pennsylvania. 2 ... . ... , 10. Defendant, Borough of Northumberland, is a government entity, having its principal place of business at 221 S. Second Street, Northumberland, Northumberland County, Pennsylvania. 11. Defendant, Dawn R. Raynes, is an adult individual, who resides at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania. II. FACTS 12. The facts and occurrences hereinafter related took place on or about June 6, 1999 at approximately 3:28 pm at the intersection of Hanover Street and Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 13. At that time and place, Plaintiffs were passengers in an automobile driven by Mary Huber who was traveling north on Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 14. At that time and place, Defendant, Barry Lee Mutschler, was operating a tanker type tractor-trailer truck owned by Defendant, Sun Company, Inc. and/or Atlantic Refining and Marketing Corporation, in a westerly direction on Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 15. At that time and place, the truck operated by Defendant, Barry Lee Mutschler, struck the automobile operated by Mary Huber in the intersection of Front Street and Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania, causing the Huber vehicle to be /I pushed into a utility pole at the northwest corner of the intersection. 3 .. , ... t COUNT I Nicholas Bevel. Plaintiffv. Barry Lee Mutschler. Defendant 16. Paragraphs 1-15 are incorporated herein by reference thereto. 17. By reason of the aforesaid collision, Plaintiff, Nicholas Hevel, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, skull fractures, cerebral edema, punctured lung, fractured right femur, closed head injuries, complete left sixth cranial nerve palsy and eye injuries. 18. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 19. The aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 20. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 21. Plaintiff, Nicholas Hevel, has not fully recovered from his injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 4 .. , ... , 22. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has suffered a loss or impairment of future earning capacity, and claim is made therefore. 23. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 24. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe humiliation, embarrassment, shame, worry and anger. 25. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 26. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 27. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been deprived his enjoyment of the pleasures of life. 28. Plaintiff, Nicholas Hevel, continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 5 .. ~ . 29. As a result of the aforesaid accident and injuries suffered by Plaintiff, Nicholas Hevel, he has suffered a disfigurement, and claim is made therefore. 30. The injuries suffered by Plaintiff, Nicholas Hevel, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and he is entitled to maintain an action for his non-economic loss. 31. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Nicholas Hevel, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; 1. In failing to keep a reasonable look-out for other vehicles on the roadway; 6 w , ... J. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 32. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II Nicholas Hevel. Plaintiffv. Sun Company. Inc. t/d/bl Sunoco. Inc.. Defendant 33. Paragraphs 1-32 are incorporated herein by reference thereto. 34. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 35. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Nicholas Hevel, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 36. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its 7 .. , . driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 37. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Sun Company, Inc.,. t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III Nicholas Hevel, Plaintiff v. Atlantic Renninl!: and Marketinl!: Conoration, t/d/b/a Atlantic Refininl!: GrouD, Defendant 38. Paragraphs 1-37 are incorporated herein by reference thereto. 39. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group. 40. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Nicholas Hevel, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 8 - < . 41. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally .as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 42. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV Nicholas Hevel. Plaintiffv. Commonwealth ofPennsvlvania. Devartment of Transvortation. Defendant 43. Paragraphs 1-42 are incorporated herein by reference thereto. 44. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 45. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control 9 .. . and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 46. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; - b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; 10 , . h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both. attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT V Nicholas Hevel. Plaintiff v. County of Northumberland. Defendant 47. Paragraphs 1-46 are incorporated herein by reference thereto. 48. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control 11 , . devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania.. 49. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, 12 , . thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI Nicholas Hevel. Plaintiff v. BoroulZh of Northumberland. Defendant 50. Paragraphs 1-49 are incorporated herein by reference thereto. 51. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 13 . 52. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 14 . 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 53. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 54. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastem corner of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 55. At all times relevant hereto, the stop sign located at the southeastern comer of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 56. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast comer of the intersection. 57. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 15 maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 58. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VII Nicholas Hevel. Plaintiffv. Dawn R. Ravnes. Defendant 59. Paragraphs 1-58 are incorporated herein by reference thereto. 60. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 61. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and/ or vegetation 16 . thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VIII Brittanv Russ. Plaintiffv. Barry Lee Mutschler. Defendant 62. Paragraphs 1-61 are incorporated herein by reference thereto. 63. By reason of the aforesaid collision, Plaintiff, Brittany Russ, suffered pain and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, right frontal parietal degloving scalp injury, right inferior ramus fracture with large pelvic hematoma, gross hematuria, small punctate hemorrhage in the left basil ganglia, closed head injury and right parietal cephalohematoma. 64. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 65. The aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 17 , 66. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has required reasonable and. necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 67. Plaintiff, Brittany Russ, has not fully recovered from her injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 68. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a loss or impairment of future eaming capacity, and claim is made therefore. 69. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 70. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 71. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 72. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 18 73. By reason of. the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been deprived l:1er enjoyment of the pleasures of life. 74. Plaintiff, Brittany Russ, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 75. As a result of the aforesaid accident and injuries suffered by Plaintiff, Brittany Russ, she has suffered a disfigurement, and claim is made therefore. 76. The injuries suffered by Plaintiff, Brittany Russ, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and she is entitled to maintain an action for her non-economic loss. 77. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Brittany Russ, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; 19 f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; 1. In failing to keep a reasonable look-out for other vehicles on the roadway; J. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 78. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IX Brittanv Russ. Plaintiffv. Sun Comvanv. Inc. t/d/bl Sunoco. Inc.. Defendant 79. Paragraphs 1-78 are incorporated herein by reference thereto. 80. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within 20 the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 81. Defendant, Sun Company, Inc., t/d/bja Sunoco, Inc., is liable to Plaintiff, Brittany Russ, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 82. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler,. was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 83. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT X Brittanv Russ. Plaintiffv. Atlantic RefininlZ and MarketinlZ COl"1)oration. t/d/b/a Atlantic RefininlZ Grouv. Defendant 84. Paragraphs 1-83 are incorporated herein by reference thereto. 21 COUNT XI Brittanv Russ. Plaintiff v. Commonwealth of Pennsylvania. Devartment of Transvortation. Defendant 89. Paragraphs 1-88 are incorporated herein by reference thereto. 90. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 91. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 92. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; 23 b. In the erection, construction, placement andjor maintenance of the stop sign at Hanover Street; c. In failing to construct andj or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct andj or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line andj or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 24 WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & OOj 100 ($25,000.00) DOLLARS), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XII Brittanv Russ. Plaintiffv. County of Northumberland. Defendant 93. Paragraphs 1-92 are incorporated herein by reference thereto. 94. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 95. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; 25 c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south. of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of 26 interest and costs and in excess of any jurisdictional amount requlrlng compulsory arbitration. COUNT XIII Brittanv Russ. Plaintiff v. BoroulZh of Northumberland. Defendant 96. Paragraphs 1-95 are incorporated herein by reference thereto. 97. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 98. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement andjor maintenance of the stop sign at Hanover Street; c. In failing to construct andjor place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 27 d. In failing to erect, construct andjor place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line andj or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 99. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 100. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the 28 southeastern corner of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 10 1. At all times relevant hereto, the stop sign located at the southeastern corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 102. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast comer of the intersection. 103. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 104. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XIV 29 Brittany Russ. Plaintiff v. Dawn R. Raynes. Defendant 105. . Paragraphs 1-104 are incorporated herein by reference thereto. 106. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 107. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and / or vegetation thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XV Sheri Jacobson. Plaintiffv. Bar" Lee Mutschler. Defendant 108. Paragraphs 1-107 are incorporated herein by reference thereto. 30 109. By reason of the aforesaid collision, Plaintiff, Sheri Jacobson, . suffered pain and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, multiple lacerations and glass embedded in her face, head, neck, arms and legs, and closed head injury. 110. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 111. The aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 112. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 113. Plaintiff, Sheri Jacobson, has not fully recovered from her injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment 114. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a loss or impairment of future earning capacity, and claim is made therefore. 115. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying 31 out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 116. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 117. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 118. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 119. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been deprived her enjoyment of the pleasures of life. 120. Plaintiff, Sheri Jacobson, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 121. As a result of the aforesaid accident and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a disfigurement, and claim is made therefore. 122. The injuries suffered by Plaintiff, Sheri Jacobson, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and she is entitled to maintain an action for her non-economic loss. 32 123. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Sheri Jacobson, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; 1. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 124. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. 33 WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVI Sheri Jacobson. Plaintiffv. Sun Comvanv. Inc. t/d/bl Sunoco. Inc.. Defendant 125. Paragraphs 1-124 are incorporated herein by reference thereto. 126. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company,lnc. t/d/b/a Sunoco, Inc., and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 127. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 128. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 34 129. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to proPerly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVII Sheri Jacobson. Plaintiff v. Atlantic RefininlZ and MarketinlZ COl"1)oration. t/d/b/a Atlantic RefininlZ Grouv. Defendant 130. Paragraphs 1-129 are incorporated herein by reference thereto. 131. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group. 132. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 35 133. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally as the employer of Defendant, . Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 134. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVIII Sheri Jacobson. Plaintiffv. Commonwealth ofPennsvlvania. Devartment of Transvortation. Defendant 135. Paragraphs 1-134 are incorporated herein by reference thereto. 136. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 137. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control 36 and maintenance of traffic control devices for the intersection of Front and Hanover StreetS: in the Borough of Northumberland, Northumberland County, Pennsylvania. 138. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; 37 h.In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XIX Sheri Jacobson. Plaintiff v. County of Northumberland. Defendant 139. Paragraphs 1-138 are incorporated herein by reference thereto. 140. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control 38 devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 141. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, 39 thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XX Sheri Jacobson. Plaintiff v. BoroulZh of Northumberland. Defendant 142. Paragraphs 1-141 are incorporated herein by reference thereto. 143. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 40 144. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets m the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 41 i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 145. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 146. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastern corner of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 147. At all times relevant hereto, the stop sign located at the southeastem corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 148. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast corner of the intersection. 149. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 42 maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 150. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXI Sheri Jacobson. Plaintiffv. Dawn R. Ravnes. Defendant 151. Paragraphs 1-150 are incorporated herein by reference thereto. 152. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 153. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and/ or vegetation 43 thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXII Jack Deibler. Plaintiffv. Barry Lee Mutschler. Defendant 154. Paragraphs 1-153 are incorporated herein by reference thereto. 155. By reason of the aforesaid collision, Plaintiff, Jack Deibler, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, pelvic and left wrist fractures, multiple rib fractures, aspiration pneumonia which resulted in Mr. Deibler's death on June 10, 1999 at Geisinger Medical Center. 156. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 157. The aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 44 158. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Dei.bler, he has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 159. Plaintiff, Jack Deibler, has not fully recovered from his injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 160. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a loss or impairment of future earning capacity, and claim is made therefore. 161. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 162. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has been subjected to severe humiliation, embarrassment, shame, worry and anger. 163. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 164. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler,. he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 45 165. By reason of the aforesaid collision and injuries suffered by. Plaintiff, JackDeibler, he has been deprived his enjoyment of the pleasures of life. 166. Plaintiff, Jack Deibler, continues to be plagued by persistent pain and . limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 167. As a result of the aforesaid accident and injuries suffered by Plaintiff, Jack Deibler, he has suffered a disfigurement, and claim is made therefore. 168. The injuries suffered by Plaintiff, Jack Deibler, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and he is entitled to maintain an action for his non-economic loss. 169. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Jack Deibler, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; 46 f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; J. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 170. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXIII Jack Deibler. Plaintiffv. Sun Comvanv. Inc. t/d/bl Sunoco. Inc.. Defendant 171. Paragraphs 1-170 are incorporated herein by reference thereto. 172. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within 47 the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 173. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Jack Deibler, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 174. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 175. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXIV Jack Deibler. Plaintiffv. Atlantic RefininlZ and MarketinlZ COl"1)oration. t/d/b/a Atlantic RefininlZ Grouv. Defendant 176. Paragraphs 1-175 are incorporated herein by reference thereto. 48 177. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation,. t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group. 178. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Jack Deibler, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 179. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 180. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 49 COUNT XXV Jack Deibler. Plaintiffv. Commonwealth ofPennsvlvania. Devartment of Transvortation. Defendant 181. Paragraphs 1-180 are incorporated herein by reference thereto. 182. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 183. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 184. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; 50 b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to .the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 51 WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant,. Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXVI Jack Deibler. Plaintiffv. County of Northumberland. Defendant 185. Paragraphs 1-184 are incorporated herein by reference thereto. 186. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 187. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; 52 c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of 53 interest and costs and m excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXVII Jack Deibler. Plaintiffv. BoroulZh of Northumberland. Defendant 188. Paragraphs 1-187 are incorporated herein by reference thereto. 189. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 190. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets m the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 54 d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 191. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastern corner of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 192. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the 55 southeastem corner of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 193. At all times relevant hereto, the stop sign located at the southeastem corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 194. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sigh and surrounding vegetation at the southeast comer of the intersection. 95. 195. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 196. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXVIII 56 Jack Deibler. Plaintiffv. Dawn R. Ravnes. Defendant 197. Paragraphs 1-196 are incorporated herein by reference thereto. 198. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 199. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and/ or vegetation thereon which caused the stop sign at the southeast corner of the intersection to be obscured. WHEREFORE, Plaintiff, Jack Deibler, demands judgment m his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. By: Respectfully Submitted, F~.~. ~.. -- ILTON . \- . Richard E. Freebum, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 Date: 11/13/01 Counsel for Plaintiffs 57 . VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10-",'-0\ ~ .///. ~ MICHAEL GOTTSHALL, Executor of the Estate of Jack Deibler . . VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: //- 07-0/ ~E~ . . . . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs' Complaint has been duly served on the following this 15th day of November, 2001, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W. Stark, Esquire Torts Litigation Section 15th Floor, Strawberry Square Harrisburg PA 17120 Jeffrey J. Shipman, Esquire GOLDBERG KATZMAN & SHIPMAN, PC PO Box 1268 Harrisburg PA 17108-1268 James A. Zurick, Solicitor County of Northumberland Northumberland County Courthouse 201 Market Street Sunbury PA 17801 Borough of Northumberland 221 Second Street Northumberland PA 17857 Barry Lee Mutschler RD 2, Box 474-K Northumberland PA 17857 >- ~ r- ~l?f~ }->..... ((";::~ t.i.:i~- cr. 1--- " u O. ...:1 N :;C 0... ~ Z =>~ 0-,. 0"';.-; Cl?s ~~S2 r:cz t..:.JLU rDo.. ~ => U ill -- <:..~) :z o . . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) NICHOLAS HEVEL, A m1n@r, by Janice Hevel. as custodial Parent and Guardian, and in her own right, BRITTANY RUSS, A MINOR. BY Janice Hevel, as custodial Parent and guardian, and in her own right. SHERI JACOBSON, a minor, by Janice Hevel. as custodial parent and guardian, and in her own right, MICHAEL GOTTSHALL, EXECUTOR OF THE Estate of Jack D. Deibler, (Plaintiff) vs. BARRY LEE MUTSCHLER, SUNOCO, INC, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES (Defendant) No.Ol-3504 Civil X III 2001 1. State matter to be argued (i.e.. plaintiff's lIDtion for new trial.. defendant's demurrer to complaint. etc.): PRELIMINARY OBJECTIONS OF DEFENDANT, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION 2. Identify counsel who will argue case: (a) f= plaintiff: RICHARD E. FREEBURN, ESQUIRE Address: 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, PA 17112 (b) f= defendant: JAY W. STARK, SENIOR DEPUTY ATTORNEY GENERAL Address: OFFICE OF ATTORNEY GENERAL TORTS LITIGATION SECTION 15th FLOOR, STRAWBERRY SQUARE HARRISBURG, PA 17120 3. I will notify all parties in writing within blo days that this case has been listed f= argunent. 4. Arglment Court Date: Dated: November 28, 2001 of Transportation () 0 Cl C .-r; ., % -00::1 C) .' mrr ~c 1= z::r. N r'T1 Zr;::, ::'-1 <.0 <'I ~>, ""~C) r;.::c1 " ,--' ~T, ~J:;)~ ~O =::: "".() 0 - orn J>c .. ?:5 ~ f:" N -< . Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PA NICHOLAS HEVEL, a minor, by Janice Heve1, As custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by JANICE HEVEL, as Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler NO: 01-3504 CIVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWNR. RAYNES Defendants NOTICE TO PLEAD TO: ALL PARTIES YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, D. Michael Fisher Attorney General By: DATED: November 28, 2001 . ~ ~ , ~ Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 NICHOLAS HEVEL, a minor, by Janice Hevel, As custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by JANICE HEVEL, as Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PA NO: 01-3504 CIVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants PRELIMINARY OBJECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION AND NOW, comes the Defendant Commonwealth of Pennsylvania, Department of Transportation, ("Commonwealth Defendant" or "PennDOT") by and through the Office of Attorney General, to file Preliminary Objections to Plaintiffs' Complaint pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure, and in support thereof avers as follows: Improper Venue 1. No judge has ruled upon this or any other issue in the same or related matter. 2. The above captioned Plaintiffs filed this action in Cumberland County seeking damages as a result of an alleged motor vehicle accident occurring on June 6, 1999 in the . . :' , Borough of Northumberland, Northumberland County, Pennsylvania. Plaintiffs' Complaint is attached and marked as Exhibit "A". 3. The Commonwealth Defendant is a "Commonwealth party" as provided by Section 8501 of the Judicial Code. 42 Pa. C.S. ~8501. 4. An action against a Commonwealth party may be brought only in a county in which the principal office or local office ofthe Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. 42 Pa. C.S. ~8523(a). 5. The principal office ofthe PennDOT is in Harrisburg, Dauphin County, more particularly, now at the Keystone Building at 400 North Street in Harrisburg, Dauphin County. See 37 Pa. Code ~ lll.l(b). 6. The local office of the Commonwealth Defendant for purposes of tort actions is the local office in the county where the cause of action arose or in which a transaction or occurrence took place out of which the cause of action arose. See 37 Pa. Code ~ 111.4(c). 7. The accident occurred in Northumberland County and PennDOT maintains a local office in Sunbury in Northumberland County. 8. Venue is proper in either Dauphin County, the location of the principal office of PennDOT or in Northumberland County where the cause of action arose and where the Commonwealth Defendant maintains a local office. 9. Under no circumstances is venue proper in Cumberland County as none of the statutory prerequisites for venue against the Commonwealth Defendant are met there. 10. Furthermore, the Plaintiffs have also sued the County of Northumberland, and an action against a political subdivision may only be brought in the county in which the political . - . . , subdivision is located. Pa. R.C.P. 2103. WHEREFORE, the Commonwealth Defendant requests that this Honorable Court enter an Order transferring venue of this action to Northumberland County, where the accident occurred, with the costs of transfer to be borne by the Plaintiff pursuant to Pa. R.C.P. 1006(e). Insufficient Specificity 11. Pa.R.C.P. 1019(a) sets forth the basic rule of fact pleading in Pennsylvania -- i.e., that the Plaintiffs must set forth the material facts on which a cause of action is based in a concise and summary form. 12. Subparagraphs 46 i. and k., 92 i and k., 138 i and k, and 184 i. and k. of Plaintiffs' Complaint should be stricken because they are vague, conclusory, boilerplate allegations of negligence and are not in conformance with the rule of specific factual pleading. 13. The Commonwealth Defendant is unable to properly respond or prepare a defense to such vague, nonspecific allegations, which also enable the Plaintiffs to alter their cause of action at any point in time prior to trial. WHEREFORE, the Commonwealth Defendant requests that this Honorable Court enter an Order striking these subparagraphs from Plaintiffs' Complaint, or in the alternative, directing the Plaintiffs to amend their pleadings to conform with the Pennsylvania Rules of Civil Procedure. Respectfully submitted, D. Michael Fisher Attorney General By: DATED: November 28,2001 ", ,.1 . EXHIBIT "A" ... ~, .. , l, '. ({'; @ ffr) w NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTISHALL, Executor of the ESTATE OF JACK DEmLER, deceased Plaintiffs : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. RECEIVED Office of AllC'rI1C:Y General BARRY LEE MUTSCIll.ER; SUN COMPANY, INC., t/d/b/a SUNOCO, INC. ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/aATLANTIC REFINING GROUP; COMMONWEALTII OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NOR1HUMBERLAND; BOROUGH OF NOR1HUMBERLAND; DAWN R. RAYNES, Defendant NOV 1 9 2001 Torts LitigCition 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIUS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T~LEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: 11/15/01 CUMBERLAND COUNTY BAR ASSOCIATlON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 U'''i "';-, -0, It . . I"" L~I{.., . Richard E.'Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 J.D. #30965 Attorney for Plaintiff ,. -', . NICHOLAS BEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor oflbe ESTATE OF JACK DEmLER, deceased Plaintiffs : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., IId/b/a SUNOCO, INC. ATLANTIC REFINING AND MARKETING CORPORATION, IId/b/a ATLANTIC REFINING GROUP; COMMONWEALTII OF PENNSYLVANIA DEPARlMENT OF TRANSPORTATION; COUNTY OF NORTIIUMBERLAND; BOROUGH OF NORTIWMBERLAND; DAWN R. RAYNES, Defendani NOTICE Le ban demandado a uated en Ia corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de 1a demanda y la notification. Usted debe presentar ua apariencia esrita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones 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 previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEllrIANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Date: 11/15/01 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) ~'f316~_. '. /j) . :~. '1-'''0 Richard E. Fr.eeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 I.D. #30965 Attorney for Plaintiffs . -, , .. NlCHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERl JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3504 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED v. BARRY LEE MUTSCHLER; SUN COMPANY, INC., t/d/b/a SUNOCO, INC. ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFIN1NG GROUP; COMMONWEAL1H OF : PENNSYLVANIA DEPAR1MENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R. RAYNES, : Defendant COMPLAINT AND NOW come Plaintiffs, by their attorneys, Freeburn & Hamilton, and file the following Complaint: I. PARTIES: 1. Plaintiff, Nicholas Hevel, is a minor, age 10, bom on October 5, 1990, who resides with his mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. 2. Plaintiff, Brittany Russ, is a minor, age 8, bom on May 21, 1993, who resides with her mother and natural guardian, Janice Hevel at 302 S. State Road, Marysville, Perry County, Pennsylvania. . - . , ' 3. Plaintiff, Sheri Jacobson, is a minor, age 17, bom on May 2, 1984, who resides with her mother and natural guardian, Janice Hevel at 302 S. . State Road, Marysville, Perry County, Pennsylvania. 4. Plaintiff, Michael Gottshall is the Executor of the Estate of Jack D. Deibler, by virtue of Letters Testamentary issued by the Register of Wills of Cumberland County, Pennsylvania on July 1, 1999. 5. Defendant, Barry Lee Mutschler, is an adult individual who resides at RD 2, Box 474-K, Northumberland, Northumberland County, Pennsylvania. 6. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is a Pennsylvania corporation with a registered office at 1801 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 7. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is a Delaware corporation, with a registered office at CT Corporation System, 1515 Market Street, Philadelphia, Philadelphia County, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. 8. Defendant, Commonwealth of Pennsylvania, Department of Transportation, is a government entity, having a principal place of business at Riverfront Office Center, 110 1 S. Front Street, Harrisburg, Dauphin County, Pennsylvania. 9. Defendant, County of Northumberland, is a govemment entity, having its principal place of business at 201 Market Street, Sunbury, Northumberland County, Pennsylvania. 2 . - . , " 10. Defendant, Borough of Northumberland, is a govemrnent entity, having its principal pla,ce of business. at 221 S. Second Street, Northumberland, Northumberland County, Pennsylvania,. 11. Defendant, Dawn R. Raynes, is an adult individual, who resides at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania. II. FACTS 12. The facts and occurrences hereinafter related took place. on or about June 6, 1999 at approximately 3:28 pm at the intersection of Hanover Street and Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 13. At that time and place, Plaintiffs were passengers in an automobile driven by Mary Huber who was traveling north on Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 14. At that time and place, Defendant, Barry Lee Mutschler, was operating a tanker type tractor-trailer truck owned by Defendant, Sun Company, Inc. and/or Atlantic Refining and Marketing Corporation, in a westerly direction on Front Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 15. At that time and place, the truck operated by Defendant, Barry Lee Mutschler, struck the automobile operated by Mary Huber in the intersection of Front Street and Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania, causing the Huber vehicle to be pushed into a utility pole at the northwest corner of the intersection. 3 . -.,.. , , ,.. /~ COUNT I Nicholas Hevel. Plaintiffv. Barrv Lee Mutschler. Defendant 16. Paragraphs 1-15 are incorporated herein by reference thereto. 17. By reason of the aforesaid collision, Plaintiff, Nicholas Hevel, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, skull fractures, cerebral edema, punctured lung, fractured right femur, closed head injuries, complete left sixth cranial nerve palsy and eye injuries. 18. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 19. The aforesaid collision and injuries suffered by Plaintiff, Nicholas HeveI, may have aggravated or been aggravated by an existing inflITllity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 20. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 21. Plaintiff, Nicholas Hevel, has not fully recovered from his injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 4 .' , , . , . 22. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he ha.s suffered a loss or impairment of future earning capacity, and claim is made therefore. 23. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 24. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe humiliation, embarrassment, shame, worry and anger. 25. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 26. As a result of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Hevel, he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 27. By reason of the aforesaid collision and injuries suffered by Plaintiff, Nicholas Heve1, he has been deprived his enjoyment of the pleasures of life. 28. Plaintiff, Nicholas Hevel, continues to be plagued by persistent pam and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 5 . . . , . 29. As a result of the aforesaid accident and injuries suffered by Plaintiff,. Nicholas Hevel, he has .suffered a disfigurement, and claim is made therefore. 30. The injuries suffered by Plaintiff, Nicholas Hevel, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and he is entitled to maintain an action for his non-economic loss. 31. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Nicholas Hevel, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; 1. In failing to keep a reasonable look-out for other vehicles on the roadway; 6 . . , ;.. !- j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 32. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II Nicholas Hevel. Plaintiffv. Sun Comvanv. Inc. t/d/bl Sunoco. Inc.. Defendant 33. Paragraphs 1-32 are incorporated herein by reference thereto. 34. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. . 35. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Nicholas Hevel, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 36. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its 7 , , . ~ driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 37. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Sun Company, Inc.,. t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III Nicholas Hevel. Plaintiff v. Atlantic Ref'minlZ and MarketinlZ C01'1)oration. t/d/b/a Atlantic RefininlZ Grouv. Defendant 38. Paragraphs 1-37 are incorporated herein by reference thereto. 39. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group. 40. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Nicholas Hevel, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 8 . . , . '. ... 41. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally as tl1e employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 42. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV Nicholas Hevel. Plaintiffv. Commonwealth ofPennsvlvania. Devartment of Transvortation. Defendant 43. Paragraphs 1-42 are incorporated herein by reference thereto. 44. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 45. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control 9 . . . ~ and maintenance of traffic control devices for the intersection of Front and Hanover. Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 46. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland~ Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; 10 . . . h. In 81lowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both. attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT V Nicholas Hevel. Plaintiff v. County of Northumberland. Defendant 47. Paragraphs 1-46 are incorporated herein by reference thereto. 48. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control 11 >> devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania.. 49. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, 12 . thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. . In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI Nicholas Hevel. Plaintiff v. BoroulZh of Northumberland. Defendant 50. Paragraphs 1-49 are incorporated herein by reference thereto. 51. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 13 .. 52. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth aQove are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets m the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 14 .. 1. In failing to adhere to reasonable traffic safety provisions in . conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 53. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastem comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 54. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastem comer of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 55. At all times relevant hereto, the stop sign located at the southeastem comer of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 56. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast comer of the intersection. 57. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 15 maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 58. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VII Nicholas Hevel. Plaintiffv. Dawn R. Ravnes. Defendant 16 thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Nicholas Hevel, demands judgment in his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT vm Brittanv Russ. Plaintiffv. Barry Lee Mutschler. Defendant 62. Paragraphs 1-61 are incorporated herein by reference thereto. 63. By reason of the aforesaid collision, Plaintiff, Brittany Russ, suffered pain and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, right frontal parietal degloving scalp injury, right inferior ramus fracture with large pelvic hematoma, gross hematuria, small punctate hemorrhage in the left basil ganglia, closed head injury and right parietal cephalohematoma. 64. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 65. The aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 17 66. By reason of the aforesaid collision. and injuries suffered by Plaintiff, Brittany Russ, she has required reasonable and. necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 67. Plaintiff, Brittany Russ, has not fully recovered from her injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 68. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has suffered a loss or impairment of future eaITiing capacity, and claim is made therefore. 69. By reason of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 70. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 71. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 72. As a result of the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 18 73. By reason of. the aforesaid collision and injuries suffered by Plaintiff, Brittany Russ, she has been deprived l:1er enjoyment of the pleasures of life. 74. Plaintiff, Brittany Russ, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 75. As a result of the aforesaid accident and injuries suffered by Plaintiff. Brittany Russ, she has suffered a disfigurement, and claim is made therefore. 76. The injuries suffered by Plaintiff, Brittany Russ, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and she is entitled to maintain an action for her non-economic loss. 77. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Brittany Russ, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; 19 f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 78. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IX Brittanv Russ. Plaintiffv. Sun Comvanv. Inc. t/d/b/ Sunoco. Inc.. Defendant 79. Paragraphs 1-78 are incorporated herein by reference thereto. 80. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within 20 the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 81. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Brittany Russ, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 82. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler,. was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 83. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT X Brittanv Russ. Plaintiffv. Atlantic RefininlZ and MarketinlZ Corvoration. t/d/b/a Atlantic RefininlZ Grouv. Defendant 84. Paragraphs 1-83 are incorporated herein by reference thereto. 21 85. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by.Atlantic Refining and Marketing 'Corporation, t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group. 86. Defendant, Atlantic Refining and Marketing Corporation, t/ d/b / a Atlantic Refining Group, is liable to Plaintiff, Brittany Russ, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 87. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 88. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Atlantic Refining and Marketing Corporation, t/ d/ b / a Atlantic Refining Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 22 COUNT XI Brittanv Russ. Plaintiff v. Commonwealth of Pennsylvania. Devartment of Transvortation. Defendant 89. Paragraphs 1-88 are incorporated herein by reference thereto. 90. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 91. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 92. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; 23 f. g. h. i. b. In.. the erection, construction, placement and/ or maintenance of the stop sign at Hapover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; In allowiri'1'!.ore than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 24 WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant; Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XII Brittanv Russ. Plaintiffv. County of Northumberland. Defendant 93. Paragraphs 1-92 are incorporated herein by reference thereto. 94. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 95. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland. County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; 25 . , c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists. heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of 26 interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XIII Brittanv Russ. Plaintiffv. BoroulZh of Northumberland. Defendant 96. Paragraphs 1-95 are incorporated herein by reference thereto. 97. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover. Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 98. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 27 . d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 99. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastem comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 100. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the 28 southeastem comer of the intersection where the stop sign was erected for the purpose of controlling :traffic traveling north on Hanover Street. 101. At all times relevant hereto, the stop sign located at the southeastern comer of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 102. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast comer of the intersection. 103. The aforesaid collision and all of Plaintift's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 104. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XIV 29 Brittany Russ. Plaintiff v. Dawn R. Ravnes. Defendant 105. . Paragraphs 1-104 are incorporated herein by reference thereto. 106. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 107. The aforesaid collision and all of Plaintiffs injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real propertY by failing to adequately trim trees and / or vegetation thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Brittany Russ, demands judgment in her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XV Sheri Jacobson. Plaintiffv. Barrv Lee Mutschler. Defendant 108. Paragraphs 1-107 are incorporated herein by reference thereto. 30 . , 109. By reason of the aforesaid collision, Plaintiff, Sheri Jacobson, . suffered pain and severe. injuries to her nerves, bones and soft tissues which . include, but are not limited to, multiple lacerations and glass embedded in her face, head, neck, arms and legs, and closed head injury. 110. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 111. The aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, may have aggravated or been aggravated by an existing infIrmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 112. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 113. Plaintiff, Sheri Jacobson, has not fully recovered from her injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment 114. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a loss or impairment of future earning capacity, and claim is made therefore. 115. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying 31 . , out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 116. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 117. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 118. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 119. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sheri Jacobson, she has been deprived her enjoyment of the pleasures of life. 120. Plaintiff, Sheri Jacobson, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 121. As a result of the aforesaid accident and injuries suffered by Plaintiff, Sheri Jacobson, she has suffered a disfigurement, and claim is made therefore. 122. The injuries suffered by Plaintiff, Sheri Jacobson, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and she is entitled to maintain an action for her non-economic loss. 32 123. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Sheri Jacobson, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operatihg the vehicle at an excessive rate of speed under the circumstances; b, In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; J. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 124. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. 33 WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Barry Lee Mutschler, in an amount in. excess df TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVI Sheri Jacobson. Plaintiffv. Sun Comvanv. Inc. t/d/bl Sunoco. Inc.. Defendant 125. Paragraphs 1-124 are incorporated herein by reference thereto. 126. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 127. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 128. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 34 129. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly. and severally negligent for failing to proPerly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVII Sheri Jacobson. Plaintiff v. Atlantic RefininlZ and MarketinlZ Corvoration. t/d/b/a Atlantic RefininlZ Grouv. Defendant 130. Paragraphs 1-129 are incorporated herein by reference thereto. 131. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refming Group. 132. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Sheri Jacobson, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 35 133. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, jointly and severally as the employer of Defendant, . Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiffs injuries as set forth above. 134. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiffs injuries as set forth above. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XVIII Sheri Jacobson. Plaintiffv. Commonwealth ofPennsvlvania. Devartment of Transvortation. Defendant 135. Paragraphs 1-134 are incorporated herein by reference thereto. 136. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 137. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control 36 and maintenance of traffic control devices for the intersection of Front and Hanover StreetS: in the Borough of Northumberland, Northumberland County, Pennsylvania. 138. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sigTl to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sigTl; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; 37 h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post; thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiffs injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XIX Sheri Jacobson. Plaintiff v. County of Northumberland. Defendant 139. Paragraphs 1-138 are incorporated herein by reference thereto. 140. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic conti'ol 38 devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 141. The aforesaid collision and all of Plaintiff's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; . b. In the erection, construction, placement and/ or maintenance of the stop sign at Hanover Street; c. In failing to construct andlor place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, 39 thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XX Sheri Jacobson. Plaintiff v. Boroue:h of Northumberland, Defendant 142. Paragraphs 1-141 are incorporated herein by reference thereto. 143. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 40 144. The aforesaid collision and all of Plaintiff's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 41 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 145. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastem comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 146. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the southeastem comer of the intersection where the stop sign was erected for the purpose of controlling traffic traveling north on Hanover Street. 147. At all times relevant hereto, the stop sign located at the southeastern corner of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 148. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign and surrounding vegetation at the southeast corner of the intersection. 149. The aforesaid collision and all of Plaintiff's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, 42 maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs ~d other vegetation which caused the stop sign to be obscured. 150. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXI Sheri Jacobson. Plaintiffv. Dawn R. Ravnes. Defendant 151. Paragraphs 1-150 are incorporated herein by reference thereto. 152. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 153. The aforesaid collision and all of Plaintiff's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained 1;he aforesaid real property by failing to adequately trim trees and/ or vegetation 43 . thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Sheri Jacobson, demands judgment in her favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXII Jack Deibler. Plaintiffv. Barry Lee Mutschler. Defendant 154. Paragraphs 1-153 are incorporated herein by reference thereto. 155. By reason of the aforesaid collision, Plaintiff, Jack Deibler, suffered pain and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, pelvic and left wrist fractures, multiple rib fractures, aspiration pneumonia which resulted in Mr. Deibler's death on June 10, 1999 at Geisinger Medical Center. 156. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 157. The aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 44 158. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack De~bler, he has required reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and rehabilitations, and claim is made for the expense of said treatment. 159. Plaintiff, Jack Deibler, has not fully recovered from his injuries, and it is reasonably likely future medical treatment will be required, and claim is made for the expense of said treatment. 160. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has suffered a loss or impairment of future earning capacity, and claim is made therefore. 161. By reason of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 162. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has been subjected to severe humiliation, embarrassment, shame, worry and anger. 163. As a result of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 164. As a result. of the aforesaid collision and injuries suffered by Plaintiff, Jack Deibler, he will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 45 165. By reason of the aforesaid collision and injuries suffered by. Plaintiff, JackDeibler, he has been deprived his enjoyment of the pleasures of life. 166. Plaintiff, Jack Deibler, continues to be plagued by persistent pain and . limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 167. As a result of the aforesaid accident and injuries suffered by Plaintiff, Jack Deibler, he has suffered a disfigurement, and claim is made therefore. 168. The injuries suffered by Plaintiff, Jack Deibler, constitute serious injuries as defined in the Motor Vehicle Financial Responsibility Law, and he is entitled to maintain an action for his non-economic loss. 169. The foregoing accident, and all of the injuries and damages set forth above sustained by Plaintiff, Jack Deibler, are the direct and proximate result of the negligent manner in which Defendant, Barry Lee Mutschler, operated his tanker truck as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; c. In negligently applying his brakes; d. In failing to observe Mary Huber's vehicle; e. In failing to operate his vehicle in accordance with existing traffic conditions; 46 f. In permitting his vehicle to strike and collide with the vehicle operated by the Mary Huber; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; i. In failing to keep a reasonable look-out for other vehicles on the roadway; j. In failing to keep a proper look-out for vehicles approaching and entering the intersection; 170. It is believed and therefore averred that Defendant, Barry Lee Mutschler's actions constitute negligence per se. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Barry Lee Mutschler, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXIII Jack Deibler. Plaintiffv. Sun Company. Inc. t/d/bl Sunoco. Inc.. Defendant 171. Paragraphs 1-170 are incorporated herein by reference thereto. 172. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Sun Company, Inc. t/d/b/a Sunoco, Inc., and was acting within 47 the cOurse and scope of his employment, furthering their interests, activities, affairs or business of Sun Company, Inc., t/d/b/a Sunoco, Inc. 173. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., is liable to Plaintiff, Jack Deibler, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. 174. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiff's injuries as set forth above. 175. Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., was jointly and severally negligent for failing to properly maintain and repair its tanker i~ truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Sun Company, Inc., t/d/b/a Sunoco, Inc., in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXIV Jack Deibler. Plaintiffv. Atlantic Refinine: and Marketin~ Corporation. t/d/b/a Atlantic Refinin~ GrouD. Defendant 176. Paragraphs 1-175 are incorporated herein by reference thereto. 48 177. At all times relevant hereto, Defendant, Barry Lee Mutschler, was employed by Atlantic Refining and Marketing Corporation,.. t/ d/b / a. Atlantic Refining Group, and was acting within the course and scope of his employment, furthering their interests, activities, affairs or business of Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refming Group. 178. Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, is liable to Plaintiff, Jack Deibler, for the negligent and wrongful actions of its employee, Defendant, Barry Lee Mutschler, under the theory of respondeat superior. . 179. Defendant, Atlantic Refining and Marketing Corporation, t/ d/b / a Atlantic Refining Group, jointly and severally as the employer of Defendant, Barry Lee Mutschler, was negligent for knowingly and intentionally failing to properly select, train and supervise its driver, Defendant, Barry Lee Mutschler, thereby causing Plaintiff's injuries as set forth above. 180. Defendant, Atlantic Refming and Marketing Corporation, t/d/b/a Atlantic Refining Group, was jointly and severally negligent for failing to properly maintain and repair its tanker truck, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 49 COUNT XXV Jack Deibler. Plaintiffv. Commonwealth of Pennsylvania. DeDartment of Transportation. Defendant 181. Paragraphs 1-180 are incorporated herein by reference thereto. 182. It is believed and therefore averred that Mary Huber may not have seen the stop sign at Hanover Street, and that she proceeded into the intersection with Front Street without stopping. 183. Defendant, Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania. 184. The aforesaid collision and all of Plaintiffs injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for the design, selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; 50 b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing. to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to .the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; j. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 51 WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against DefendaIlt,. Commonwealth of Pennsylvania, Department of Transportation, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXVI Jack Deibler. Plaintiffv. County of Northumberland. Defendant 185. Paragraphs 1-184 are incorporated herein by reference thereto. 186. Defendant, County of Northumberland, has responsibility for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, Northumberland County, Pennsylvania. 187. The aforesaid collision and all of Plaintiff's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, County of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; 52 c. In failing to construct and/or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; i. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, County of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of 53 interest and costs and m excess of any jurisdictional amount requiring compulsory arbitration. " COUNT XXVII Jack Deibler. Plaintiffv. Borou2h of Northumberland. Defendant 188. Paragraphs 1-187 are incorporated herein by reference thereto. 189. Defendant, Borough of Northumberland, is responsible for the selection, erection, placement, control and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Borough of Northumberland, Northumberland County, Pennsylvania. 190. The aforesaid collision and all of Plaintiff's injuries, damages and losses set forth above are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, exercised its responsibilities for the traffic control devices at the intersection of Front and Hanover Streets in the Borough of Northumberland, Northumberland County, Pennsylvania as follows: a. In failing to trim and adequately maintain vegetation, thereby causing or allowing the stop sign on Hanover Street to be obscured; b. In the erection, construction, placement and/or maintenance of the stop sign at Hanover Street; c. In failing to construct and/ or place supplemental traffic control devices on Hanover Street south of the stop sign to provide adequate notice to motorists heading north on Hanover Street that they are approaching a stop sign; 54 . ' d. In failing to erect, construct and/ or place a traffic light at the intersection of Front and Hanover Streets; e. In failing to select, erect, construction, control and maintain the intersection by traffic control devices in accordance with reasonable traffic safety standards; f. In failing to erect a Stop Ahead sign on Hanover Street south of the intersection; g. In failing to mark the roadway on Hanover Street at the intersection with a Stop Line and/ or the word STOP; h. In allowing more than one sign to be attached to the post that the stop sign was attached to, in this case, a stop sign and a One Way Sign were both attached to the same post, thus decreasing the visibility, conspicuity and effectiveness of the stop sign, and creating a dangerous condition; 1. In failing to adhere to reasonable traffic safety provisions in conformance with state and national standards; J. In failing to inspect the intersection and discover the dangerous conditions set forth herein which caused the accident and Plaintiff's injuries; k. In failing to anticipate the harm that the dangerous conditions would cause to travelers on the roadway; and 1. In failing to adequately supervise, manage or control its employees, agents and representatives. 191. At all times relevant hereto, Defendant, Borough of Northumberland, was the owner of the real property located at the southeastem comer of the intersection at which a stop sign was erected for the purpose of controlling vehicles traveling north on Hanover Street. 192. At all times relevant hereto, Defendant, Borough of Northumberland, was in possession of, and had custody and control over the 55 . ' southeastern comer of the intersection where the stop sign was erected for the . purpose of controlling traffic traveling north on Hanover Street. 193. At all times relevant hereto, the stop sign located at the southeastem comer of the intersection for traffic traveling north on Hanover Street was erected within the street right-of-way. 194. At all times relevant hereto, Defendant, Borough of Northumberland, was responsible for or had the right to maintain the stop sign: and surrounding vegetation at the southeast corner of the intersection. 95. 195. The aforesaid collision and all of Plaintiff's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Borough of Northumberland, maintained the aforesaid stop sign and the surrounding vegetation, and by failing to adequately trim tree limbs and other vegetation which caused the stop sign to be obscured. 196. Defendant, Borough of Northumberland, was, at all times relevant hereto, in possession, custody and control of the roadway known as Hanover Street in the Borough of Northumberland, Pennsylvania. WHEREFORE, Plaintiff, Jack Deibler, demands judgment m his favor and against Defendant, Borough of Northumberland, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT XXVIII 56 Jack Deibler. Plaintifrv. Dawn R. Ravnes. Defendant 197. Paragraphs 1-196 are incorporated herein by reference thereto. 198. At all times relevant hereto, Defendant, Dawn R. Raynes, was the owner of the real property located at 94 Hanover Street, Northumberland, Northumberland County, Pennsylvania, and was responsible for or had the right to maintain the vegetation at or near the stop sign. 199. The aforesaid collision and all of Plaintiff's injuries, damages and losses herein stated are the direct and proximate result of the careless and negligent manner in which the Defendant, Dawn R. Raynes, maintained the aforesaid real property by failing to adequately trim trees and/ or vegetation thereon which caused the stop sign at the southeast comer of the intersection to be obscured. WHEREFORE, Plaintiff, Jack Deibler, demands judgment in his favor and against Defendant, Dawn R. Raynes, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and m excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON ~-,- ',- --I,~~ (/____, ..,"----,; .I_~,-. By: Richard E. Freeburn, Esquire LD. No. 30965 4415 North Front Street Harrisburg PA 17110 Date: 11/13/01 Counsel for Plaintiffs 57 . , . . VERIFICATION. I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification'to authorities. .-~-_:~-::::~ Dated:i()-~'-c, ~~ /7;"'" .VJ/ MICHAEL GOTTSHALL, Executor of the Estate of Jack Deibler . . . ' VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: /Ju07-0/ ."\ ~t~Et!t~l t . . . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs' Complaint has been duly served on the following this 15th day of November, 2001, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F. Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W. Stark, Esquire Torts Litigation Section 15th Floor, Strawberry Square Harrisburg PA 17120 Jeffrey J. Shipman, Esquire GOLDBERG KATZMAN & SHIPMAN, PC PO Box 1268 Harrisburg PA 17108-1268 James A. Zurick, Solicitor County of Northumberland Northumberland County Courthouse 201 Market Street Sunbury PA 17801 Borough of Northumberland 221 Second Street Northumberland PA 17857 Barry Lee Mutschler RD 2, Box 474-K Northumberland PA 17857 .' . , '. . Dated: 10/15/01 BY: /Q~ ~Z L~/. . Richard E. reebum,Esquire Attorney LD. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiffs , '. . VERIFICATION I, Jay W. Stark, Senior Deputy Attomey General, in my capacity as counsel for PennDOT in the within action, hereby verifY that the foregoing statements are true and correct to the best of my knowledge, information and belief. Dated: November 28,2001 .. .r .. , . 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 MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD E. FREEBURN, ESQUIRE 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, PA 17112 717-671-1955 (Attomey for Plaintiff Janice Hevel) MICHAEL GOTTSHALL, EXECUTOR OF THE ESTATE OF JACK D. DEIBLER 3 PATRICIA DRIVE ENOLA, PA 17025 BOROUGH OF NORTHUMBERLAND 221 SECOND STREET NORTHUMBERLAND, PA 17857 Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: November 28,2001 JOHN F. FOX, JR. ESQUIRE 1310 TWO PENN CENTER PLAZA 15TH AND JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19102 (Attorney for Defendant Sunoco, Inc. (R&M) and Barry Lee Mutschler) COUNTY OF NORTHUMBERLAND 201 MARKET STREET SUNBURY, PA 17801 JEFFERSON J. SHIPMAN, ESQUIRE P.O, BOX 1268 HARRISBURG, PA 17108-1268 (Attomey for Dawn R, Raynes) >- c- I t- o: - f--- ~; 2:-: i~.-'" .u) <( r; .-~) "'j'; ,~ -,' .;'~ :I -' ::..1 (1"\ ) "<.J ..c'__ -~ , 'u I ~::~ (..... ...::. I (.J u . .. \ . _",,-,,_~ ft.__ ._~ __'__........,~.... /" i." IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and No. 01-3504 Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and CIVIL ACTION - LAW Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and JURY TRIAL DEMANDED Sun Company, Inc., tJd/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, tJd/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumertand and Borough of Northumberland and Dawn R. Raynes DEFENDANTS SUNOCO, INC. (R&M) AND BARRY LEE MUTSCHLER'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLlAM Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler, hereinafter referred to as "Answering Defendants", by and through their undersigned counsel, hereby answer Plaintiffs' Complaint with New Matter and New Matter Crossclaim as follows: 1-4. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 1 through 4 inclusive of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 5-6. Admitted. 7. Pursuant to a Stipulation entered into between counsel for Plaintiffs and counsel for Defendant Atlantic Refining & Marketing Corporation, Defendant Atlantic Refining & Marketing Corporation is deleted as a Defendant in this case and therefore, no response is required. 8-11. The allegations contained in paragraphs 8 through 11 inclusive of Plaintiffs' Complaint are addressed to Defendants other than Answering Defendants and therefore no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 2 12. Admitted. 13. Admitted in part. Denied in part. Answering Defendants admit that an automobile driven by Mary Huber was traveling north on Hanover Street in the borough of Northumberland, Northumberland County, Pennsylvania. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof if material, is demanded at the trial of this cause. 14. Defendant Sunoco, Inc. (R&M) admits that Defendant Barry Lee Mutschler was operating a vehicle owned by Defendant Sunoco, Inc. (R&M) and that Defendant Barry Lee Mutschler was traveling in a westerly directly on Front Street in the borough of Northumberland, Northumberland County, Pennsylvania. 15. Denied. The allegations contained in paragraph 15 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer and to the extent that paragraph 15 of Plaintiffs' Complaint implies that Defendant Barry Lee Mutschler caused the accident, it is denied. On the contrary, Plaintiffs injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial of this cause. COUNT I 16. Answering Defendants incorporate by reference their answers to paragraphs 1 through 15 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 3 17-30. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 17 through 30 inclusive if Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof, if material, is demanded at the trial of this cause. 31. (a-D. Denied. The allegations contained in paragraph 31 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny each and every subpart of paragraph 31. On the contrary, Plaintiff Nicholas Hevel's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial ofthis cause. 32. Denied. The allegations contained in paragraph 32 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Nicholas Hevel's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Nicholas Hevel and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT II 33. Answering Defendants incorporate by reference their answers to paragraphs 1 through 32 inclusive of Plaintiffs' Complaint as iffully set forth herein at length. 4 34. Defendant Sunoco, Inc. (R&M) admits that Defendant Barry Lee Mutschler was employed by Defendant Sunoco, Inc. (R&M) and was acting within the course and scope of his employment at the time of the aforesaid accident. 35. Denied. The allegations contained in paragraph 35 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 36. Denied. The allegations contained in paragraph 36 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it negligently failed to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, Defendant Barry Lee Mutschler was at all times relevant hereto properly selected, trained and supervised. Strict proof thereof, if material, is demanded at the trial of this cause. 37. Denied. The allegations contained in paragraph 37 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it failed to properly maintain and repair its tanker truck. On the contrary, at all times relevant hereto, Defendant Sunoco, Inc. (R&M) properly maintained its tanker truck. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Nicholas Hevel's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Nicholas Hevel and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. 5 COUNT III 38-41. Pursuant to a Stipulation entered into between counsel for the parties, Defendant Atlantic Refining & Marketing Corporation tld/b/a Atlantic Refining Group is deleted as a Defendant in this case and therefore, no response is required. COUNT IV 43-46. The allegations contained in paragraphs 43 through 46 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT V 47-49. The allegations contained in paragraphs 47 through 49 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VI 50-58. The allegations contained in paragraphs 50 through 58 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VII 59-61. The allegations contained in paragraphs 59 through 61 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VIII 62. Answering Defendants incorporate by reference their answers to paragraphs 1 through 61 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 6 63-75. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraphs 63 through 75 inclusive of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 76. Denied. The allegations contained in paragraph 76 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 77. Denied. The allegations contained in paragraph 77, subparagraph (a) through Gl of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that Plaintiff Brittany Russ's injuries, if any, were caused by the direct and proximate negligence of Defendant Barry Lee Mutschler. On the contrary, Plaintiff Brittany Russ's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial of this cause. 78. Denied. The allegations contained in paragraph 78 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Brittany Russ's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Brittany Russ and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. 7 COUNT Villi 79. Answering Defendants incorporate by reference their answers to paragraphs 1 through 78 inclusive of Plaintiffs' Complaint as if fully set forth herein a length. 80. It is only admitted that Defendant Barry Lee Mutschler was employed by Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 81. Denied. The allegations contained in paragraph 81 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 82. Denied. The allegations contained in paragraph 82 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that Defendant Sunoco, Inc. (R&M) failed to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, at all times relevant hereto, Defendant Barry Lee Mutschler was properly selected, trained and supervised by Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 83. Denied. The allegations contained in paragraph 83 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that it failed to maintain and repair its tanker truck. On the contrary, at all times relevant hereto, the aforesaid tanker truck was properly maintained. Strict proof thereof, if material, is demanded at the trial of this cause. 8 WHEREFORE, Answering Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Brittany Russ's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Brittany Russ and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT X 84-88. Pursuant to the Stipulation entered into by the parties, Defendant Atlantic Refining & Marketing Corporation tJd/b/a Atlantic Refining Group is deleted as a party to this case and therefore, no response is required. COUNT XI 89-92. The allegations contained in paragraphs 89 through 92 of inclusive Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XII 93-95. The allegations contained in paragraphs 93 through 95 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XIII 96-104. The allegations contained in paragraphs 96 through 104 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. 9 COUNT XIV 105-107. The allegations contained in paragraphs 105 through 107 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XV 108. Answering Defendants incorporate by reference their answers to paragraphs 1 through 107 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 109-121. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 109 through 121 inclusive of Plaintiffs' Complaint and accordingly, the said averments are denied. Strict proof thereof, if material, is demanded at the trial of this cause. 122. Denied. The allegations contained in paragraph 122 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 123. Denied. The allegations contained in paragraph 123 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that Plaintiff Sheri Jacobson's injuries, if any, are the direct and proximate result of the negligence of Defendant Barry Lee Mutschler. On the contrary, Plaintiff Sheri Jacobson's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary 10 Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial of this cause. 124. Denied. The allegations contained in paragraph 124 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Answering Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler request that Plaintiff Sheri Jacobson's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Sheri Jacobson and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XVI 125. Answering Defendants incorporate by reference their answers to paragraphs 1 through 124 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 126. Answering Defendants admit that Defendant Barry Lee Mutschler was employed by Defendant Sunoco, Inc. (R&M) and was acting within the course and scope of his employment with Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 127. Denied. The allegations contained in paragraph 124 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 128. Denied. Answering Defendants deny that Defendant Sunoco, Inc. (R&M) was negligent for allegedly failing to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, at all times relevant hereto, Defendant Sunoco, 11 Inc. (R&M) properly selected, trained and supervised Defendant Barry Lee Mutschler. Strict proof thereof, if material, is demanded at the trial of this cause. 129. Denied. The allegations contained in paragraph 129 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it failed to properly maintain and repair its tanker truck. On the contrary, at all times relevant hereto, Defendant Sunoco, Inc. (R&M) properly maintained its tanker truck. WHEREFORE, Answering Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Sheri Jacobson's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Sheri Jacobson and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XVII 130-134. Pursuant to the Stipulation entered into between the parties, Defendant Atlantic Refining & Marketing Corporation tJd/b/al Atlantic Refining Group is deleted as a party from this case and therefore, no answer is required. COUNT XVIII 135-138. The allegations contained in paragraphs 135 through 138 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XIX 139-141. The allegations contained in paragraphs 139 through 141 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. 12 COUNT XX 142-150. The allegations contained in paragraphs 142 through 150 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XXI 151-153. The allegations contained in paragraphs 151 through 153 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XXII 154. Answering Defendants incorporate by reference their answers to paragraphs 1 through 153 inclusive of Plaintiffs' Complaint as if fully set forth herein at length. 155-167. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraphs 155 through 167 inclusive of Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 168. Denied. The allegations contained in paragraph 168 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 169. Denied. The allegations contained in paragraph 169 (a) through OJ of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that 13 Plaintiff Jack Deibler's injuries, if any, were caused by the negligence of Defendant Barry Lee Mutschler. On the contrary, Plaintiff Jack Deibler's injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial of this cause. 170. Denied. The allegations contained in paragraph 170 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Answering Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request that Plaintiff Jack Deibler's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Jack Deibler and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XXIII 171. Answering Defendants incorporate by reference their answers to paragraphs 1 through 170 inclusive of Plaintiffs' Complaint as iffully set forth herein at length. 172. Answering Defendants admit that Defendant Barry Lee Mutschler was employed by Defendant Sunoco, Inc. (R&M) and was acting within the course and scope of his employment with Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 173. Denied. The allegations contained in paragraph 173 of Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 14 174. Denied. The allegations contained in paragraph 174 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it failed to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, at all times relevant hereto, Defendant Barry Lee Mutschler was properly selected, trained and supervised by Defendant Sunoco, Inc. (R&M). 175. Denied. The allegations contained in paragraph 175 of Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant Sunoco, Inc. (R&M) denies that it failed to properly maintain and repair its tanker truck. On the contrary, at all times relevant hereto, Defendant Sunoco, Inc. (R&M) properly maintained its tanker truck. WHEREFORE, Answering Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler request that Plaintiff Jack Deibler's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against plaintiff Jack Deibler and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT XXIV 176-180. Pursuant to the Stipulation entered into between the parties, Defendant Atlantic Refining & Marketing Corporation tJd/b/al Atlantic Refining Group is deleted as a party from this case and therefore, no answer is required. COUNT XXV 181-184. The allegations contained in paragraphs 181 through 184 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. 15 COUNT XXVI 185-187. The allegations contained in paragraphs 185 through 187 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XXVII 188-196. The allegations contained in paragraphs 188 through 196 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT XXVIII 197-199. The allegations contained in paragraphs 197 through 199 inclusive of Plaintiffs' Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. NEW MATTER 200. Plaintiffs have failed to state a cause of action upon which relief can be granted. 201. Plaintiffs' claims are barred by the applicable statute of limitations. 202. Plaintiffs knew of the existence of the condition or situation, if any, as pleaded in their Complaint, yet they assumed the risk. 203. Plaintiffs' claims are barred or limited by the provisions of the Comparative Negligence Statute, Pa. C.S.A. 97102, the provisions of which are incorporated by reference as if fully set forth herein at length. 204. Plaintiffs' alleged injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary Huber. 16 205. Plaintiffs' alleged injuries, if any, were caused solely by the acts and/or omissions of third-parties over whom Answering Defendants had no control. 206. Plaintiffs' claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Laws 75 Pa. C.SA ~7107 et seq., as amended (hereinafter "PMVFRL"). Further, Answering Defendants hereby assert all of the defenses, limitations and immunities available pursuant to said law. 207. Pursuant to the applicable provisions of the PMVRFRL, plaintiffs are precluded from pleading, introducing into evidence, proving or recovering the amounts of benefits paid or payable under said law, up to and including the limit of required benefits under said law. NEW MATTER CROSSCLAIM 208. If plaintiff suffered injuries or damages as alleged in their Complaint, said allegations being specifically denied, said injuries or damages were caused by the negligence and carelessness of co-defendants Commonwealth of Pennsylvania, Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes 209. If the allegations contained in Plaintiffs' Complaint are true, such allegations being specifically denied, then Answering Defendants aver that co- defendants Commonwealth of Pennsylvania, Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes are alone liable to plaintiffs, jointly and/or severally liable with Answering Defendants, or liable over to Answering Defendants for indemnity and/or contribution for any amount which may be adjudged against them. 17 WHEREFORE, Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler demand judgment against co-defendants Commonwealth of Pennsylvania, Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes for indemnity and/or contribution for any amount which may be adjudged against Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. LAW OFFICES OF JOHN F. FOX, JR. By: w-.f0>J~' John F. Fox, Jr'./ squire Attorney for Defendants, Sunoco, Inc. (R&M) and Barry Lee Mutschler Date: I ;).~).{-(J' 18 VERIFICATION I, BARRY LEE MUTSCHLER, state that Answering Defendants' Answer to Plaintiffs Complaint with New Matter and New Matter Crossclaim are true and correct to the best of my knowledge, information and belief. I understand that the statements contained in said pleading are made subject to the penalties of 18 Pa. C.SA 94904 relating to unswom falsification to authorities. Date: b.o7..(')1 VERIFICATION I, Lynn E. Pitetti, state that I am employed by Sunoco, Inc. (R&M) as a Paralegal and therefore am authorized to make this verification on behalf of defendant Sunoco, Inc. (R&M). I am informed and therefore aver that the statements made in Defendant Sunoco, Inc. (R&M)'s Answer to Plaintiffs' Complaint with New Matter and New Matter Crossclaim are based upon information and records of defendant furnished to me by others and are true and correct to the best of my knowledge, information and belief. I understand that the statements contained in said pleading are made subject to the penalties of 18 Pa. C.SA 94904 relating to unsworn falsification to authorities. ~~ Date: /y-/:3 -0 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nicholas Hevel, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Brittany Russ, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Sheri Jacobson, a minor, by Janice Hevel, As custodial Parent and Guardian, and in Her own right and Michael Gottshell, Executor of the Estate of Jack D. Deibler v. Barry Lee Mutschler and Sun Company, Inc., tJd/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corporation, tJd/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland and Borough of Northumberland and Dawn R. Raynes No. 01-3504 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M)'s Answer to Plaintiffs Complaint with New Matter and New Matter Crossclaim was served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 21th day of December, 2001. Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lernoyne, Pa 17043-0109 Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, Pa 17110 Jeffrey Jefferson Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, pa 17108-1268 LAW OFFICES OF JOHN F. FOX, JR. By: ~~1",~ Joh F. Fox, Jr., squire Attomey for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) Date: !,J,)f-d/ >- ~ ~ ~ c 0 ::;)~ W-'7 02' ()- ~2t~ -- .~ ~,.L :J_~ < r",\ :i:J 0:)'7;. ~';';; >- (r (J- r- :;J~~ Lc' '" u ~ .....- w , Co i:LJtiJ t'J ""'j G_ c:::..:.! "-. , _.,J () C> <...> Jefferson J. Shipman, Esquire 1.D. #51785 John R. Ninosky, Esquire 1. D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Raynes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS HEVEL, a minor by Janice Hevel, As Custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as Custodian Parent and Guardian, : and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs NO. 01-3504 CIVIL vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, CIVIL ACTON - LAW Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT, DAWN R. RAYNES, TO CROSSCLAIM OF DEFENDANTS, SUNOCO, INC. (R&M) AND BARRY LEE MUTSCHLER AND NOW, comes the Defendant, Dawn R. Raynes, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the } '. following Answer to the Crossclaim of Defendants, Sunoco, Inc., and Barry Lee Mutschler: 208-209. Denied. The averments contained in Paragraphs 208 and 209 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that any and all claims asserted against her be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. f son J. Ship an, ttorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: I (3/0'L.. 73212.1 - CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the Pennsylvania, addressed as follows on class, postage prepaid, 1/3/02- I I in Harrisburg, United States Mail, first Richard E. Freeburn, Esquire 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. J if son J. Shipm Attorney I.D. 5178 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: I I :> ( 02 67038.1 >- ~2? , .~ C"1 UJ<,- ~,_~2 r-', 1',0".- " -' cj:'.- i__' L.l .-.-- t.f) C""; N u_ () - .'~- 0- ~ ~? -<( t..J;::.;;.; ()~:;:> '"-13 -:->- (' (J) .".....7 ~'C ;;.=. ~_;,juJ I."Cl0_ :2 ') o I ~ ~ -, N o . ' . Office of Attorney General 'f orts Litigation Section ISth Floor, Strawberry s~uare Harrisburg, P A 17120 JaYW, Stark Senior DClluty Attorney General Direct Dial 717 _7\\3-314\\ :11'1 THE COUR'f OF CO!'.U'AON PLEAS :OF CuMBERLAND Com1'fY, P A NICHOLAS REVEL, a minor, by Janice Hevel, As custodial Parent and Guardian. and in her own right, BRl'f'f ANY RUSS, a minor, by JANICE HEVEL, as custodial Parent and Guardian. and in her own right, SHERl JACOBSON, a minor, by Janice Hevel, as custodial Parent and Guardian. and in her own right, MICHAEL GOTTSHALL, executor of \he Estate of Jack D. Deibler NO: 01-3504 ClVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYL V ANJA. DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHuMBERLAND, DAWN R. RAYNES Defendants pRAECIPE TO ISSUE WRIT OF SUMMONS 'f0 THE PRO'fHONOTARY: PI- ""',. Writ ofS""",,"'" upon Adddin"" D''''''''"'' """ E. Hubo<, in ,I< ."",.. captioned matter. RespectfullY submitted, D. MICHAEL FISHER Attorney General BY. rYlf. . s ARK ID#~ uty Attorney General DA'fED: January 8, 2002 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attomey General Direct Dial 717-783-3148 NICHOLAS HEVEL, a minor, by Janice Hevel, As custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by JANICE HEVEL, as Custodial Parent and Guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, P A NO: 01-3504 CIVIL Plaintiffs v. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants WRIT OF SUMMONS TO: ,Mary E. Huber 3 Patricia Drive Enola, PA 17025 YOU ARE HEREBY NOTIFIED that Defendant, Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, has joined you as an Additional Defendant in regard to the above-captioned action which you are required to defend. BY THE PROTHONOTARY: DATED: 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 MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD E. FREEBURN, ESQUIRE 4775 LINGLESTOWN ROAD, SUITE 200 HARRISBURG, P A 17112 717-671-1955 (Attomey for Plaintiff Janice Hevel) MICHAEL GOTTSHALL, EXECUTOR OF THE ESTATE OF JACK D. DEIBLER 3 PATRICIA DRIVE ENOLA, PA 17025 BOROUGH OF NORTHUMBERLAND 221 SECOND STREET NORTHUMBERLAND, PA 17857 Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-787-3148 - Direct Dial DATED: January 8, 2002 JOHN F. FOX, JR. ESQUIRE 1310 TWO PENN CENTER PLAZA 15TH AND JOHN F. KENNEDY BOUEVARD PHILADELPHIA, PA 19102 (Attomey for Defendant Sunoco, Inc. (R&M) and Barry Lee Mutschler) COUNTY OF NORTHUMBERLAND 201 MARKET STREET SUNBURY, PA 17801 JEFFERSON J. SHIPMAN, ESQUIRE P.O. BOX 1268 HARRISBURG, PA 17108-1268 (Attomey for Dawn R. Raynes) By: () c: ~ -On:; !:PU! ~..J:. %C We,: rsi"c :<~ ~O ;;;0 c: % ~ -" .. . \l" <::) N L. ho Z o -n .-j ::1:-'] ~ l_~~l "]\..J ?~:1{S <=iii ~;: (''') 6rf, --, ;S '-< I \.0 -0 :x ;y en Cumberland County, ss: The Commonwealth of Pennsylvania to Mary E. Huber. 3 Patricia Drive. Enola. PA 17025 (Name of Additional Defendant) You are notified that Barry Lee Mutschler. Sunoco. Inc.. coornonweal th of . ' (Name (~) of Defendant (5) 1 pennsylvam.a. Department of Transportat~on. County ot Northumberland BOrough of Northumberland. Dawn R. Raynes ' has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date January 9. 2002 CUrtis R. 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CD g ~~.Q'~ ~ ~ OJ is. . i ~ ill en SHERIFF'S RETURN - REGULAR CASE NO: 2001-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEVEL NICHOLAS ET AL VS MUTSCHLER BARRY LEE ET AL ROBERT FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUBERT MARY E the ADD'TL DEFEND ,at 1635:00 HOURS, on the 11th day of January ,2002 at 3 PATRICIA DRIVE ENOLA, PA 17025 by handing to MARY HUBERT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: .Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 :f"'~~ R. Thomas Kline Sworn and Subscribed to before 01/14/2002 COMMONWEALTH OF PA/ATTY GENERL BY:~f~~ Deputy Sheriff me this .:J:2-,~ day of q"""Ay d(nJ.v A.D. C j~~--,--- 01 }n"LL: 'f-I[ llir thonotary F:\FILES\DATAFILE\DONEGALDOC\157-pra.3/tde Created: 01l22/0202:35:18PM Revised: 01/22102 02:48:05 PM 38~1.157 NICHOLAS HEVEL, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, BRITTANY: RUSS, a minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, SHERI JACOBSON, minor, by JANICE HEVEL, as custodial parent and guardian, and in her own right, MICHAEL GOTTSHALL, executor of the Estate of Jack D. Deibler, Plaintiffs v. BARRY LEE MUTSCHLER, SUNOCO, INC., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND,BOROUGHOF NORTHUMBERLAND and DAWN R. RAYNES, Defendants v. MARY E. HUBER, . Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3504 - CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Additional Defendant Mary E. Huber in the above matter. Dated: January 22,2002 MARTSON DEARDORFF WILLIAMS & OTTO By \L_~ v-,.JL=- Thomas J. Willi s, EsqUire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attomeys for Additional Defendant Mary E. Huber CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Richard E. Freeburn, Esquire 4775 Linglestown Road Suite 200 Harrisburg, PA l7112 Jefferson Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17101 Jay Stark, Esquire Torts Litigation Section 15th Floor Strawberry Square Harrisburg, PA 17120 John F. Fox, Jr., Esquire 2 Penn Center Plaza, No. 1310 Philadelphia, PA 19102 County of Northumberland 201 Market Street Sunbury, P A 17801 Borough of Northumberland 94 Hanover Street Northumberland, P A 17857 MARTSON DEARDORFF WILLIAMS & OTTO ~;~J) Wf~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 22,2002 . ' (') 0 ~ C.: N ;;:: '- .-1 <lCD """ ::T:n SI!!:!:! :z 1,1'~ ,,"' N CfY' m5; w :0 :'>{J ~e " .~=+1 ~8 :x 0- ~O ~ Om >c: ~ ~ w CO '< J~hnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. LD. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Borough of Northumberland NICHOLAS HEVEL, a minor by Janice Hevel, as custodial parent and guardian, and in her own right. BRITTANY RUSS, a minor, by Janice Hevel, as custodian parent and guardian, and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as custodial parent and guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D, Deibler, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiffs v, BARRY LEE MUTSCHLER, SUN COMPANY, INC, tJd/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION tJd/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants APPEARANCE AND NOW, this I ~y of April, 2002, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530 on behalf of Defendant Borough of Northumberland in the above captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER ~~ , . oy eldner, Jr. -"",,,,,,,,,,",'"" :157262 5774-356 ". , I I i , i i CERTIFICA TE OF SERVICE AND NOW, this ! f ~ay of April, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th & John F. Kennedy Boulevard Philadelphia, PA 19102 Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, PC 320-E Market Street P,O. Box 1268 Harrisburg, PA 17108-1268 Paul W. Grego, Esquire Post & Schell, P.C, 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~/~ ~ . helle Hagy " . . g 0 0 '" -" s: """ -~ I loT 0-.1 -0 ~J~ -rl mrn ~ fp;:: 2:u -'",iT} 2:~- :''1? (/) ):- <D eCi ':::ic) " ..,J~3J :1>(""", :J:: I ~I..f." .:.'c;.(") ~-(_l r:? :sm Pc: 2: ;:,..) b' =< =0 cn -< I NICHOLAS HEVEL, a minor by Janice Hevel, As custodial Parent and Guardian, and in her own right, BRITTANY RUSS, a minor, by Janice Hevel, as custodian Parent and Guardian,: and in her own right, SHERI JACOBSON, a minor, by Janice Hevel, as custodial Parent AND Guardian, and in her own right, and MICHAEL GOTTSHALL, Executor of the Estate of Jack D. Deibler, Plaintiffs vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3504 CIVIL CIVIL ACTON - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE withdraw the appearance of the undersigned on behalf of the Defendant, Dawn R. Raynes, in the above-captioned matter. DATE: GOLDBERG, KATZMAN & SHIPMAN, P.C. J ff son J. Shipma , ttorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Dawn R. Raynes, in the above-captioned matter. WALSH and MENAPACE Menapace, Esquire ront street 556 PA 17801 DATE: 79010.1 CERTIFICATE OF SERVICE I, ROBERT J. MENAPACE, ESQUIRE do hereby certify that I have served a copy of the foregoing Praecipe upon the following by depositing the same in the united States Mail, postage prepaid, at Sunbury, Pennsylvania, this 15th day of May, 2002. Richard E. Freeburn, Esquire Freeburn and Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for plaintiffs, Nicholas Hevel, Brittany Russ, Sherry Jacobson and Michael Gutshall Richard E. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff, Stacy L. Harman John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th and JFK Boulevard Philadelphia, PA 19102 Telephone: 215-568-6868 Attorney for Barry Lee Mutschler, Sun Company t/d/b/a Sunoco, Inc., Atlantic Refining and Marketing Corp. t/d/b/a Atlantic Refining Group Jay w. Stark, Esquire Senior Deputy Attorney General Torts Litigation Section 15~ Floor, Strawberry Square Harrisburg, PA 17120 Attorney for PennDOT Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-9247 Attorney for County of Northumberland C. Roy Weidner, Jr., Esquire Johnson, Duffie, Steward & Weidner 3~ and Market Streets P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Borough of Northumberland Thomas J. Williams, Esquire Martson, Deardorff, Williams and Otto, P.C. 10 East High Street Carlisle, PA 17013 Attorney for Additional Defendant, Mary E. Huber Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg,PA 17108-1268 WALSH & MENAPACE BY: B RT J. ENAPACE, ESQ., I.D. #36029 . Front Street, P.O. Box 556 Sunbury, PA 17801-2140 (570) 286-6500 Attorney for Defendant Dawn R. RayneS i::"i:':'i.:i:>i:li,' (") 0 0 c: rOV -n s:: :Jl: --j "'0 CO "'" M:!J mrn -< "r- "7 -"J .-.,'<1 Z~ en do (f) " ')(~ -<L.. '::.-1. . r:::o -0 :.-r:~~ ~ ::s.: q(::i ";;'0 !;,rn 5':;0 W ~ c 3 " ~ -, r'ov -< t i ! r (;;1( > i; [ POST & SCHELL, P.C. ATTORNEYS FOR DEFENDANT BY: PAUL W. GREGO COUNTY OF NORTHUMBERLAND J.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 COURT OF COMMON PLEAS NICHOLAS HEVEL, a minor, by Janice Hevel, CUMBERLAND COUNTY as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by NO: 01-3504 Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAvrNR. RAYNES Defendants. COURT OF COMMON PLEAS NICHOLAS HEVEL, a minor, by Janice Hevel, CUMBERLAND COUNTY as guardian, BRITTANY RUSS, a minor, by Janice Hevel, as guardian, SHERI JACOBSON, NO: 99-6498 a minor by Janice Hevel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK D. DEIBLER, Plaintiffs, v. MARY HUBER Defendant. MOTION FOR TRANSFER NOW INTO COURT, through undersigned counsel, come the parties, who hereby move this Court to transfer the above captioned actions to Northumberland County, for the following reasons: 1) The above captioned action resulted from a motor vehicle traffic accident which occurred on June 6, 1999 in Sunbury, Northumberland County, Pennsylvania. 2) There were three actions filed in Cumberland County as a result ofthe accident, the two of which are captioned above, and the other already having been transferred to Northumberland County, in the case of Stacey Harmon v. Barry Lee Mutschler, et aI, No. CV- 02-812. 3) The parties hereby stipulate and agree that all of the actions are properly venued in Northumberland County and should be transferred thereto. 4) A Stipulation in this regard, signed by counsel for all parties is attached. WHEREFORE, it is requested of this Honorable COUli to approve and transfer the above captioned actions to Northumberland County. POST & SCHELL, P.C. By: ~t/. PAUL W. GREGO, E Attorney for Defendant County of Northumberland -2- POST & SCHELL, P.C. ATTORNEYS FOR DEFENDANT BY: PAUL W. GREGO COUNTY OF NORTHUMBERLAND J.D. #: 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 COURT OF COMMON PLEAS NICHOLAS HEVEL, a minor, by Janice Hevel, CUMBERLAND COUNTY as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by NO: 01-3504 Janice Hevel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEmLER, deceased Plaintiffs, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, DAWN R. RAYNES Defendants. COURT OF COMMON PLEAS NICHOLAS HEVEL, a minor, by Janice Hevel, CUMBERLAND COUNTY as guardian, BRITT ANY RUSS, a minor, by Janice Hevel, as guardian, SHERI JACOBSON, NO: 99-6498 a minor by Janice Hevel, as guardian, and MICHAEL GOTTSHALL, Executor of the ESTATE OF JACKD. DEmLER, Plaintiffs, v. MARY HUBER Defendant. snpULA nON OF TRANSFER AND CONSOLIDA nON STIPULATION OF TRANSFER AND CONSOLIDATION NOW INTO COURT, through undersigned counsel, come the parties in the above captioned actions as well as the action of Stacey Harmon v. Barry Lee Mutschler, et aI, No. CV- 02-812 in the Court of Common Pleas of Northumberland County, who hereby Stipulate and agree that the above-captioned actions shall be transferred to Northumberland County, and, thereafter, consolidated with the case of Harmon v. Mutschler. et al. ~~ . . -rLJQ Attorney - o~tiffS in Hevel Action No. 01-3504 Richard E. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, P A 17110 -2- STIPULA nON OF TRANSFER AND CONSOLIDA nON j~ J1- Attorney for Plaintiff in H on Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PAl 711 0 -3- STIPULATION OF TRANSFER AND CONSOLIDATION mey for Sunoco, In ., Atlantic Refining & arketing and Barry Lee Mutschler John F. Fox, Jr., Esquire LAW OFFICES OF JOHN F. FOX, JR. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia, P A 19102 -4- STIPULA nON OF TRANSFER AND CONSOLIDATION -5- STIPULA nON OF TRANSFER AND CONSOLIDA nON Attorney for County ofNort Paul W. Grego, Esquire POST & SCHELL, P.c. 1857 William Penn Way Lancaster, P A 17605-0248 -6- STIPULATION OF TRANSFER AND CONSOLIDATION ~ ' II. A orney r. oro~ of ort um~erland C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 -7- STIPULATION OF TRANSFER AND CONSOLIDATION Attorney for Da R. R: ynes Robert James Menapace, Esquire WALSH AND MENAPACE 62 North Front Street P.O. Box 556 Sunbury, P A 17801 -8- snpULA nON OF TRANSFER AND CONSOLlDA nON " f"k 9 ~~ Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.c. 10 East High Street Carlisle, PA 17013 -9- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.e., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, P A 17110 Richard E. Freeburn, Esquire FREEBURN & HAMIL TON 4415 North Front Street Harrisburg, PAl 711 0 John F. Fox, Jr., Esquire Law Offices of John F. Fox, JI. 1310 Two Penn Center Pl.aza 15th and John F. Kennedy Boulevard Philadelphia, P A 19102 Jay W. Stark, Esquire Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, P A 17120 e. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Robert James Menapace, Esquire WALSH AND MENAPACE 62 North Front Street P.O. Box 556 Sunbury, PAl 780 1 DATE: J !jZ:7 (17 1.- Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.e. 10 East High Street Carlisle, PA 17013 C f'~ ~~ SANDRA MORAL S ' -3- (") C) C') C i , ',' n ;--~ ~" -j f-l~~ j , '" --;..- ) ~ (" U) -< ( 1 C--~ """.,-) ,:": ) --.::;- >~ ~-V , " C "._:~! ::j ""J ~O -... -< '--,~ - . NICHOLAS HEVEL, a minor, by Janice Hevel, as Custodial Parent and Guardian, and in her own right; BRITTANY RUSS, a minor, by Janice Revel, as Custodial Parent and Guardian, and in her own right; SHERI JACOBSON, a minor by Janice Hevel, as Custodial Parent and Guardian, and in her own right; MICHAEL GOTTSHALL, Executor of the ESTATE OF JACK DEIBLER, deceased Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 01-3504 : CIVIL ACTION - LAW JURY TRIAL DEMANDED v, BARRY LEE MUTSCHLER; SUN COMPANY, INC., tld/bla SUNOCO, INe. ATLANTIC REFINING AND MARKETING CORPORATION, tld/b/a ATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; DAWN R, RAYNES, Defendant PRAECIPE TO: Prothonotary Kindly mark the above-captioned matter discontinued, Respectfully submitted, FREEBURN & HAMILTON K By: Date: 2/22/06 Richard E. Freeburn, Esquire I.D, No, 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiff ... CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe has been duly served on the following this 1st day of March, 2006, by placing the same in the u.s. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John F, Fox, Jr., Esquire Law Offices of John F. Fox, Jr. 1310 Two Penn Center Plaza 15th and John F. Kennedy Boulevard Philadelphia PA 19102 Jay W, Stark, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg PA 17120 Robert J. Menapace, Esquire WALSH & MENAPACE PO Box 556 Sunbury PA 17801-2140 C. Roy Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER PO Box 109 Lemoyne PA 17043-0109 Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle PA 17013 Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg PA 17110 BY: Dated: 3/1/06 Georgian J. Hes, ssistant to Richard E, Freebur , Esquire Attorney J.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiffs " " -,~ --<.~^ ",'-;'., r....J .......--.', (, c'" ~. ,------'"