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DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
.
.
plaintiff
CIVIL ACTION - LAW
v.
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Defendants
.
.
.
.
.
.
:
NO. 1279 CIVIL 1994
.
.
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.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
One Courthouse Squarer 4th Floor
Carlisler PA 17013
(717) 240-6200
. .
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE.
Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientesr
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiender la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso a 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 DEMANDA A UN ABODAGO IMMEDIATAMENTE. 81 NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICI0,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCI0N SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
-2-
. .
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTYr PENNSYLVANIA
.
.
.
.
plaintiff
CIVIL ACTION - LAW
:
.
.
v.
:
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Defendants
.
.
.
.
.
.
NO. 1279 CIVIL 1994
.
.
COMPLAINT
AND NOWr comes the plaintiff, Dianna Kay South, Executrix of
the Estate of Kevin Todd South, deceased, and avers the following
cause of action:
1. Plaintiff, Dianna Kay South, Executrix of the Estate of
Kevin Todd south, is an adult individual residing at 538 Second
street, Carlisle, Cumberland county, pennsylvania 17013.
2. Defendant, North American Van Lines, Inc'r is a
corporation organized and existing under the laws of the State of
Delaware, with a registered office in Pennsylvania at c/o C.T.
corporation System, 123 South Broad street, philadelphia,
Pennsylvania.
3. Defendant, Brian Francis Murphy is an adult individual
residing at 1804 South 30th street, Fort pierce, Florida 34947.
4. Defendant, commonwealth of pennsylvania, Department of
Transportation, is a government agency with an address of 1200
Transportation and Safety Building, Harrisburg, Dauphin CountYr
-3-
Pennsylvania 17120.
5. At all relevant times hereto, Defendant Murphy was an
agent and/or employee of Defendant, North American Van Lines, InC'r
acting in the course and within the scope of his employment.
6. On or about February 17, 1992, plaintiff's decedent Kevin
Todd South purchased a 1988 Kawasaki Ltd. 305CC motorcycle.
7. The events hereafter complained of occurred on or about
March 16, 1992 at approximately 5:54 p.m. on U.S. Route 11 in
Middlesex Township, Cumberland County, Pennsylvania in the vicinity
of the Gables Self Serve Plaza and the Best Western Motel. At said
location, U.S. Route 11 is a four lane highway.
8. On the aforesaid date, Defendant, North American Van
Lines, Inc. was the owner of a 1990 Freightliner tractor trailer.
9. At said time and place, Plaintiff's decedent, Kevin Todd
south, was operating the 1988 Kawasaki Ltd. 3U5CC motorcycle in the
left-hand land of the southbound portion of the said U.S. Route 11.
10. At said time and place, Defendant Murphy, was operating
the 1990 Freightliner tractor-trailer on behalf of the owner,
Defendant North American Van Lines, Inc.
11. At said time and place, Defendant Murphy was attempting
to enter U.S. Route 11 northbound from a business located on the
western berm of the said U.S. Route 11 by making a left-hand turn
through and across the southbound lanes of the said U.S. Route 11.
12. On the aforesaid date, Plaintiff's decedent, Kevin Todd
South, was lawfully traveling southbound on U.S. Route 11 when
Defendant Murphy pulled from the driveway on the two lanes of U.S.
-4-
. .
Route 11 southbound directly into the path of the 1988 Kawasaki
motorcycle drive by Plaintiff's decedent, Kevin Todd South, in
Middlesex Township, Cumberland County, Pennsylvania.
13. On the aforesaid date and time, Defendant Murphy, entered
the southbound lanes of U.S. Route 11 failing to yield the right-
of-way and caused his vehicle to pull directly into the path of
decedent South's vehicle which was lawfully traveling in the
southbound lanes of U.S. Route 11 in Middlesex Township, Cumberland
County, Pennsylvania.
14. As a resul t of the aforesaid collision Plaintiff's
decedentr Kevin Todd South suffered damage to the 1988 Kawasaki
motorcycle in the amount of $1,670.00 and claim is made therefore.
15. As a result of the aforesaid collision, Plaintiff's
decedent, Kevin Todd South suffered charges for towing and storage
charge in the amount of $425.00 and claim is made therefore.
COUNT I - PLAINTIFF V. NORTH AMERICAN VAN LINES. INC.
16. Plaintiff incorporates paragraphs 1-13 as though more
fully set forth herein.
17. The aforesaid collision was caused directly, proximately
and/or substantially by the negligence of Defendant, North American
Van Lines, Inc.'s driver, Murphy in the following particulars:
a. failing to yield the right-of-way to the
Plaintiff's decedent's vehicle;
b. crossing the roadway when it was not safe to do so;
c. entering the traffic stream when it was not safe to
do so;
-5-
. .
d. driving the vehicle at an unsafe speed for
conditions there and then existing;
e. driving the vehicle in careless disregard for the
safety of persons and property;
f. failing to have the vehicle under adequate control;
g. failing to be attentive to conditions then and
~here existing;
h. failing to operate the vehicle in a reasonable and
prudent manner under the conditions and
circumstances then and there existing;
i. in operating his vehicle in a reckless manner;
j. in failing to maintain a proper lookout;
k. in failing to stop immediately upon impact;
l. in failing to stop before colliding with the
vehicle being operated by plaintiffs' decedent;
m. in operating his motor vehicle in a manner which
was in violation of the laws of the Commonwealth of
Pennsylvania;
n. in operating his motor vehicle in a manner which
was in violation of the laws of the United states
of America;
o. otherwise failing to exercise due care under the
circumstances;
18. As a result of the aforesaid negligence and carelessness
of Defendant, North American Van Lines, Inc.'s driver Brian Francis
Murphy, Plaintiff's decedent sustained damage to the 1988 Kawasaki
-6-
motorcycle which required repairs in the amount of $1,670.00 and
claim is made therefore.
19. As a result of the aforesaid negligence and carelessness
of Defendant, North American Van Lines, Inc.'s driverr Brian
Francis Murphy, Plaintiff's decedent suffered charges for vehicle
towing and storage in the amount of $425.00 and claim is made
therefore.
WHEREFORE, plaintiff Dianna Kay South Executrix of the Estate
of Kevin Todd South demands judgment against the defendant in the
amount of $2,095.00 plus interest, costs of suit and damages for
delay. Said amount is within the limits of compulsory arbitration
of Cumberland County.
COUNT II - PLAINTIFF V. BRIAN FRANCIS MURPHY
20. Plaintiff incorporates paragraphs 1-19 as though more
fully set forth herein.
21. The aforesaid collision was caused directly, proximately
and/or substantially by the negligence of Defendant, driver, Brian
Francis Murphy in the following particulars:
a. failing to yield the right-of-way to the
Plaintiff's decedent's vehicle;
b. crossing the roadway when it was not safe to do so;
c. entering the traffic stream when it was not safe to
do so;
d. driving the vehicle at an unsafe speed for
conditions there and then existing;
e. driving the vehicle in careless disregard for the
-7-
. .
. .
safety of persons and property;
f. failing to have the vehicle under adequate control;
g. failing to be attentive to conditions then and
there existing;
h. failing to operate the vehicle in a reasonable and
prudent manner under the conditions and
circumstances then and there existing;
i. in operating his vehicle in a reckless manner;
j. in failing to maintain a proper lookout;
k. in failing to stop immediately upon impact;
l. in failing to stop before colliding with the
vehicle being operated by plaintiffs' decedent;
m. in operating his motor vehicle in a manner which
was in violation of the laws of the Commonwealth of
Pennsylvania;
n. in operating his motor vehicle in a manner which
was in violation of the laws of the United states
of America;
o. otherwise failing to exercise due care under the
circumstances;
22. As a result of the aforesaid negligence and carelessness
of driver Defendant, Brian Francis Murphy, Plaintiffrs decedent
sustained damage to the 1988 Kawasaki motorcycle in the amount of
$1,670.00 and claim is made therefore.
23. As a result of the aforesaid negligence and carelessness
of Defendant, North American Van Lines, Inc.'s driverr Brian
-8-
. .
Francis Murphy, Plaintiff's decedent suffered charges for vehicle
towing and storage in the amount of $425.00 and claim is made
therefore.
WHEREFORE, plaintiff Dianna Kay South Executrix of the Estate
of Kevin Todd South demands judgment against the defendant in the
amount of $2,095.00 plus interest, costs of suit ~nd damages for
delay. Said amount is within the limits of compulsory arbitration
of Cumberland County.
COUNT rrr - PLArNTrFF V. COMMONWEALTH OF PENNSYLVANrA.
DEPARTMENT OF TRANSPORTATrON
24. Plaintiff incorporates paragraphs 1-23 as though more
fully set forth herein.
25. The aforesaid collision was caused directly, proximately
and/or substantially by the negligence of the Commonwealth of
pennsylvaniar Department of Transportation in the following
particulars:
a. failure to provide adequate signalization on a
state highway;
b. failing to provide lane dividing walls on a divided
highway;
c. failing to adequately construct a state highway;
d. failure to post safe speed limits on a state
highway.
26. As a result of the aforesaid negligence and carelessness
of driver Defendant, Commonwealth of Pennsylvania, Department of
Transportation, Plaintiff's decedent sustained damage to the 1988
-9-
, .
Kawasaki motorcycle in the amount of $1,670.00 and claim is made
therefore.
27. As a result of the aforesaid negligence and carelessness
of Defendant, Commonwealth of Pennsylvania, Department of
Transportation, Plaintiff's decedent suffered charges for vehicle
towing and storage in the amount of $425.00 and claim is made
therefore.
WHEREFORE, plaintiff Dianna Kay South Executrix of the Estate
of Kevin Todd South demands judgment against the defendant in the
amount of $2,095.00 plus interest, costs of suit and damages for
delay. Said amount is within the limits of compulsory arbitration
of Cumberland County.
Respectfully submitted,
METZGERr WICKERSHAM, KNAUSS & ERB
By
c;:....J' ::-:--......- / l
I . L,,,,-, l..' /
Steven P. 'Miner, Esquire
Supreme Court 1.0. #38901
Karl R. Hildabrand, Esquire
Supreme Court 1.0. #30102
Mellon Bank Building
111 Market Street
P.O. Box 93
Harrisburg, PA 17108-0093
(717) 238-8187
-10-
. .
VIlRII'ICATIOH
I, Dianna Kay South, Executrix of the Estate of Kevin
Todd South, Plaintiff in this matter, hereby certify that the facts
set forth in the foregoing complaint are true and correct to the
best of my knowledge, information and belief and further state that
false statements herein made are subject to the penalties of 18 Pa.
c.s. 54904 relating to
unsworn falsification to authorities.
fkl;"!~/ Iri2f &d
Dianna ay'Sou h
Date:
4<Rl )"?, 1994
-11-
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DIANNA KAY SOUTH, Executrix .
.
of the Estate of KEVIN TODD .
.
SOUTHr Deceasedr .
.
.
.
Plaintiff .
.
.
.
v.
.
.
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY .
.
and COMMONWEALTH OF .
.
PENNSYLVANIA, DEPARTMENT OF .
.
TRANSPORTATION, .
.
Defendants .
.
IN THE COURT OF COMMON PL
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1279 CIVIL 1994
ACCEPTANCE OF SERVICE
I, Harvey Freedenberg, Esquire, authorized agent for North
American Van Lines, Inc., hereby accept service of the complaint of
Dianna Kay south, Executrix of the Estate of Kevin Todd South,
deceased, on their behalf.
r ESQUIRE
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DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NORTH AMERICAN VAN LINES,
INC'r BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIAr DEPARTMENT OF
TRANSPORTATI0Nr
Defendants
.
.
.
* * * *
DIANA KAY SOUTHr Executrix
of the Estate of KEVIN TODD
SOUTHr Deceased,
Plaintiff
.
.
.
.
I
.
.
v.
94-1279 CIVIL TERM
BRIAN FRANCIS MURPHY and
NORTH AMERICAN VAN LINESr
INC'r
Defendants
ORDER OF COURT
AND NOW r this .5 tL. day of July, 1994, upon consideration of
the attached Motion to Compel Filed on Behalf of Defendant,
Pennsylvania Department of Transportationr a Rule is issued upon
North American Van Lines and Brian Francis Murphy to show causer if
any they have, why the relief requested in the motion should not be
granted.
RULE returnable within 20 days of service.
BY THE COURTr
James R. Moylesr Esq.
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YOOI .,. hlrabr notlfled III plead III the
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_In (101 defl of MlYIaI IMNof or a
.'aulljudgllltnt may be .-.d upon wou.
TORTS LITIGATION UNIT
oma OF ATTORNEY GENERAL
15th Fl. Strawberry Square
Hlrrlsburg. PA t7120
I ~ that Ule wltIlIn 10
a WI and correct COPr.
,
.:
.
DIANNA KAY SOUTHr Executrix
of the Estate of KEVIN TODD
SOUTHr Deceased,
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY r PENNSYLVANIA
.
.
I
Plaintiff
.
.
I
v.
I CIVIL ACTION - LAW
I
NORTH AMERICAN VAN LINES, INC'r I
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIAr
DEPARTMENT OF TRANSPORTATION,
.
.
.
.
I
.
.
Defendants
.
.
.
.
******
DIANNA KAY SOUTHr Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
.
.
.
.
.
.
Plaintiff
.
.
.
.
.
.
v.
.
.
I
BRIAN FRANCIS MURPHY and NORTH
AMERICAN VAN LINES, INC.,
.
.
.
.
.
.
Defendants
I NO. 1279 CIVIL 1994
MOTION TO COMPEL FILED ON BEHALF OF
DEFENDANT. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
1. On November 22r 1993r Additional Defendant, Department of
Transportation, served Interrogatories and Request for Production
of Documents upon Original Defendantsr North American Van Lines and
Brian Francis Murphy.
2. Among the items requested were responses to Expert Witness
Interrogatories and/or Expert Witness Reports and Curriculum Vitaes
of any expert witnesses who would testify at trial against the
Department of TranBportation.
3. Nei ther answers nor responses to the aforementioned
. . ~,. .-.
c :r~~,)
discovery request have been received by A':iditional Defendantr
Department of Transportation.
4. Numerous telephone callB have been placed to the office of
counsel for North American Van Lines and Brian Murphy and responses
have not been received to the outstanding discovery.
5. On April 8r 1994r follow up correspondence was forwarded
to counsel for North American Van Lines and Brian Murphy. Again,
responseB have not been received to the outstanding discovery
request.
6. Copies of the Interrogatoriesr Request for Production of
Documents and follow up correspondence have been marked
respectively Exhibits "A" r "B" and "C" and are attached to this
Motion.f
7. Original Defendants' failure to produce the requested
information greatly prejudices Additional Defendant in defending
this matter.
8. It is the intention of plaintiff's counsel to list this
matter for trial in one of the fall terms of Court in Cumberland
County.
WHEREFOREr Additional Defendantr Pennsylvania Department of
Transportationr respectfully requests this Honorable Court to enter
an Order compelling Original Defendants to file full and complete
answers to the outstanding Interrogatories and to produce full and
complete responses to the outstanding Request for Production of
Documents, including any and all Expert Reports and/or Curriculum
Vitaes within 20 days from the date of any Order, orr in the
2
trial.
alternativer to suffer sanctions in the form of the preclusion of
any such adverse expert testimony and/or evidence at the time of
Torts Litigation Section
l5th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
Respectfully submitted,
ST D. PREATE, JR.
rney General
ames R. Moyles 10130135
Senior Deputy Attorney General
3
VERIFICATION
I, JAMES R. HOYLES, Senior Deputy Attorney General, in my
capacity as counsel for Defendant in the within action, hereby
verify that the foregoing statements are true and correct to the
best of my knowledge, information and belief, and are made subject
to the penalties of 18 Pa. C.S. 54904 relating to unsworn
falsification to authorities.
Dated: June 30, 1994
I JAMES R. HOYLES
/ Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
,J ./
ame R. Moyles IDt30135
enior Deputy Attorney General
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
STEVEN P. MINER, ESQUIRE
METZGER, WICHERSHAM, KNAUSS
& ERB
P.O. BOX 93
HARRISBURG, PA 17108-0093
HARVEY FREEDENBERG, ESQUIRE
McNEES, WALLACE & NURICK
100 PINE STREET
P.O. BOX 1166
HARRISBURG, PA 17108-1166
EDWARD E. GUIDO, ESQUIRE
SAIDIS, GUIDO & MASLAND
26 WEST HIGH STREET
CARLISLE, PA 17013
DATED: June 30, 1994
To
j VO<l ar. hareby notlflacl III pINel III the
andOHd
WIthin (20) clar', of MfYke haIeof Of a
dafauh Judgmant mar be antaNcl upon rou.
. 1
Bv
TORTS LmGATlON UNIT
OffiCI OF ATTOANIY GINIllAL
11th Fl. Shwblny $qua...
Harrltbwg, PA 17120
JUl 0 1 1Sa4 ~
I CMtlfr U1at the whhln ..
a true and COIMt UI9t.
4003.5 of the Pennsylvania Rules of Civil Procedure.
Original
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
:
I
I CIVIL ACTION - LAW
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
v.
.
.
NORTH AMERICAN VAN LINES, INC., I
BRIAN FRANCIS MURPHY and I
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
.
.
.
.
.
.
Defendants
.
.
.
.
******
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
:
.
.
.
.
.
.
Plaintiff
.
.
.
.
v.
.
.
.
.
BRIAN FRANCIS MURPHY and NORTH :
AMERICAN VAN LINES, INC.,
Defendants
: NO. 1279 CIVIL 1994
MEMORANDUM OF LAW IN SUPPORT OF THE
MOTION TO COMPEL FILED ON BEHALF OF
DEFENDANT. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
Pursuant to the Pennsylvania Rules of Civil Procedure,
Additional Defendant, Pennsylvania Department of Transportation,
served Interrogatories and Request for production of Documents upon
Original Defendants North American Van Lines, Inc. and Brian
Francis Murphy. The Interrogatories and Request for Production of
Documents were entirely proper pursuant to Rules 4005, 4009 and
Defendants' have not filed any objections to the outstanding
Request and it is appropriate for this Court to enter sanctions
pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure.
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Specifically, Rule 4019(a) l(i)(VII) are applicable and sanctions
are appropriate pursuant to Rule 4019(c) of the Pennsylvania Rules
of Civil Procedure.
Respec fully submitted,
JR.
BYI I
J es R. Moyles IDt30135
enior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
2
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated belowl
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWSI
STEVEN P. MINER, ESQUIRE
METZGER, WICHERSHAM, KNAUSS
& ERB
P.O. BOX 93
HARRISBURG, PA 17108-0093
HARVEY FREEDENBERG, ESQUIRE
McNEES, WALLACE & NURICK
100 PINE STREET
P.O. BOX 1166
HARRISBURG, PA 17108-1166
EDWARD E. GUIDO, ESQUIRE
SAIDIS, GUIDO & MASLAND
26 WEST HIGH STREET
CARLISLE, PA 17013
ames R. Moyles IDt30135
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
DATED: June 30, 1994
~
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-4.
.
DIANNA KAY SOUTH,
Individually and as
Guardian for DANIELLE
SOUTH, a minor child, and
DIANNA KAY SOUTH,
Executrix of the Estate
of KEVIN TODD SOUTH,
Deceased,
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
Plaintiff
v.
CIVIL ACTION - LAW
BRIAN
NORTH
INC. ,
FRANCIS MURPHY and
AMERICAN VAN LINES,
.
.
.
Defendants
v.
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION,
Additional Defendant
NO. 94-1279 CIVIL TERM~
NO. 92-2382 CIVIL TERM
ORDER OF COURT
AND NOW, this ;s1 day of November, 1994, upon consideration
of within Petition for Approval of Settlement of Wrongful Death and
Survival Claims and Apportionment of Settlement Funds, a hearing is
SCHEDULED for Monday, November 7, 1994, at 9:00 a.m., in Courtroom
No.5, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Edward E. Guido, Esq.
Attorney for Plaintiff
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DIANNA KAY SOUTH, Individually
and as Natural Parent and
Guardian for DANIELLE SOUTH,
a minor child, and DIANNA KAY
SOUTHr Executrix of the Estate
of KEVIN TODD SOUTH, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
BRIAN FRANCIS MURPHY and NORTH
AMERICAN VAN LINES, INC.,
Defendants
No. 94-1279 Civil Term
No. 92-2382 Civil Term
v.
COMMONWEALTH OF PENNSYLVANIAr
DEPARTMENT OF TRANSPORTATION,
Additional Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this ~ day of ^-J...Ul't_l.,o
, 1994, upon
consideration of the attached Petitionr it is hereby ORDERED and
DIRECTED as follows:
A. The proposed settlement of all claims under the Survival
and Wrongful Death Acts for a lump sum payment of Two Hundred Fifty
Thousand ($250,000.00) Dollars is approved.
B. Payment of counsel fees to Saidis, Guido, Shuff & Masland
in the amount of Eighty-three Thousand ($83,000.00) Dollars is
approved.
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C. Payment of unreimbursed expenses to Saidis, Guido, Shuff
& Masland in the amount of Eleven Thousand ($11,000.00) Dollars is
approved.
D. Twenty Thousand ($20,000.00) Dollars is allocated as
survival action damages (42 Pa.C.S.A. S 8302) and may be paid to
Dianna K. Southr Executrix of the Estate of Kevin Todd South,
deceased.
E. The remaining One Hundred Thirty-six Thousand
($136rOOO.00) Dollars is allocated as wrongful death damages. (42
Pa.C.S.A S 8301) and shall be distributed as follows:
(i) Eighty-three Thousand ($83rOOO.00) Dollars to
Dianna K. South, individually.
(ii) Fifty-three Thousand ($53,000.00) Dollars to
Daniel1e South to be deposited in one or more federally
insured savings accounts or certificates of deposit, or
any combination thereof, provided that the amount
deposited in anyone institution shall not exceed the
amount to which federal insurance applies. Any such
account or certificate of deposit shall be marked, "Not
to be redeemed except for renewal in its entirety, nor to
be withdrawn, signed, negotiated or otherwise alienated
before June 29, 2008 except by Order of Court." Proof of
the opening of said account shall be filed with the Court
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by counsel for Petitioner within 5 business days of the
distribution of settlement proceeds.
It is further ORDERED and DIRECTED that Petitioner is hereby
authorized to execute any and all necessary releases, checks or any
other documents necessary to effectuate the aforementioned
settlement and to make appropriate distribution pursuant to this
Order.
BY THE COURT:
J.
3
SAlDIS. GUIDO.
SHUFF &
MASLAND
26 W. HI&h Slr<el
CarlisI., PA
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DIANNA KAY SOUTH, Individually
and as Natural Parent and
Guardian for DANIELLE SOUTH,
~ mlllor child, and DIANNA KAY
SOUTH, Executrix of the Estate
of KEVIN TODD SOU'1'H, Deceased,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
BRIAN FRANCIS MURPHY and NORTH
r~ERICAN VAN LINES, INC'r
Defendants
No. 94-1279 Civil Term
No. 92-2382 Civil Term
v.
cmmONWEALTH OF' PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Additional DefendantB
JURY TRIAL DEMANDED
PETIT-rON OF' DIANNA KAY SOUTH, INDIVIDUALLY AND AS
EXECUTR1X Of TH~ ESTATE OF KEVIN TODD SOUTH, DECEASED,
FOR APPROVP.L OF SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL
CLAIMS AND APPORTIONMENT OF SETTLEMENT FUNDS
Pursuant to Pa.R.C.P. 2206 and 20 Pa.C,S,A. S 3323, Dianna
K, South, Executri.x of the Estate of Kevin Todd South, deceased,
by and though her attorney, Edward E. Guido, Esquire, peti.tions
tills Court to anter an Order permitting settlement and compromi..e
of this action al~d in support thereof avers the following.
J. Petitioner was the wife and is the so]e beneficia:.:-y
named in t.he wiU of Kev:.n Todd South, deceased.
2. Pet.i.tioner was appointed Exec\.1t:rix of the Estate of
Kevin Todd South by the Register of Wills of Cumberland CountYr
Pennsyl\'/mia on Aptil I, ]992 (No. 2]-92-275).
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3.
The said Kevin Todd South died of injuries sustained on
March 16, 1992 when the motorcycle he was operating collided with
the side of a tractor trailer operated by Defendant, Brian
Frances Murphy (hereinafter "Murphy") on behalf of Defendant,
North American Van Lines (hereinafter NAVL).
Said collision
occurred on U. S. Route 11, in Middlesex Township, Cumberland
County, Pennsylvania.
4. On March 26, 1992, Petitioner retained the firm of
Saidis, Guido, Shuff & Masland to investigate and prosecute a
claim for survival and wrongful death damages arising from the
aforesaid accident.
Counsel was retained pursuant to a
Contingency Fee Agreement which provided for the payment of 1/3
of any recovery obtained.
It further provided for the
reimbursement of any out-of-pocket expenses.
A copy of said
SAlDIS, GUIDO,
SHUFF &
MASLAND
26 W. "lab sum
Carlisle, PA
Contingency Fee Agreement is attached hereto as Exhibit "A".
5. The said Kevin Todd South was born on November 26r 1970
and was age 21 at the time of his death.
6. Kevin Todd South was survived by his wife (the
Petitioner) and one child, Danie11e South (DOB June 29, 1990).
7. The Defendants have offered to settle all outstanding
claims between the Estate of Kevin Todd South, deceased, his
widow, Dianna Kay South, and his daughter, Danielle South for a
lump Gum payment of $250,000.00.
8. Petitioner and her counsel approve of the proposed
settlement because they consider it adequate under the
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cir~~mstances and in accord with what a jury might award given
the proof that Plaintiffs could present.
9. Petitioner's counsel did not begin keeping track of
time expended on this matter until March of 1993. From March
1993 to date, counsel has expended a total of 264 hours on this
case. A list of services rendered between March 1993 to date is
attached hereto as Exhibit "B".
In additionr it is estimated
that counsel expended another 50 hours between March of 1992 and
March of 1993 in office conferences, document compilation and
review, investigation, pleadings and discovery. It is further
estimated that an additional 12 hours (including estate
administration) will be expended in concluding this matter.
10. In prosecuting this action on behalf of Petitioner,
counsel has incurred unreimbursed out-of-pocket expenses
totalling $11,000.00. A list of said expenses is attached hereto
as Exhibit "CO.
11. Petitioner is the sole beneficiary under the Will of
decedent and is the only one entitled to share in the damages
under the survival action.
12. Pursuant to 42 Pa.C.S.A. S 8301(b) and 20 Pa.C.S.A. S
2101, Petitioner and Danie1le South are entitled to share in the
wrongful death action as follows:
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High SU<e1
C",U.le,PA
(a) Petitioner - the first $30,000.00 plus ~ of
the remainder.
(b) Danielle South - ~ of the remainder after
payment of the first $30,000 to Petitioner.
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13. Petitioner proposes that the said $250,000.00 be
apportioned and paid as follows:
(a) $83,000.00 to Saidis, Guido, Shuff & Mas1and
as their fee pursuant to the Contingency Fee Agreement
attached hereto as Exhibit "A".
(b) $llrOOO.OO to Saidis, Guido, Shuff & Mas1and
as reimbursement of the out-of-pocket expenses as
listed in Exhibit "CO attached hereto.
(C) $20,000.00 to Dianna Kay South, Executrix of
the Estate of Kevin Todd South, deceased, for the claim
under the Survival Act (42 Pa.C.S.A. S 8302).
(d) $136,000.00 to Dianna Kay South and Danie1le
South for their claim under the Wrongful Death Act (42
Pa.C.S.A. S 8301) to be divided as follows:
(i) $83,000.00 to Dianna Kay South, surviving
spouse,
Iii) $53,000.00 to Danie1le South, surviving
child.
14. The proposed apportionment between the survival and
wrongful death actions is reasonable. There will be sufficient
sums in the Estate to pay all outstanding creditors.
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Slr<cl
Carli,le, fA
WHEREFORE, Petitioner prays this Honorable Court to enter an
Order approving the settlement of this action for $250,000.00 and
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approving the allocation and distribution of the proceeds as set
forth above.
da te: I DIJ '*'4
/jr:C/t///1 ;(~di
Dianna K. South, Executrix of the Estate
of Kevin Todd South, deceased
4/1 /"//1 f /ac#n
Dianna K: South, Individua 1y and as
Natural Parent and Guardian for Danie1le
South
SAIDIS,
By: ?~
Edward E. Guido, Esquire
Supreme Ct. I.D. # 21206
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Petitioner
SAlOIS, GUIDO,
SHUFF &
MASLAND
26 W. High S_t
Carli,le, PA
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BmIBI~ "A"
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POWER OF ATTORNEY
CONTINGENCY FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned:
1. Do{es) hereby irrevocably nominate, constitute and appoin
Saidis, Guido & Masland, as our
true and lawful attorney in the
matter of our claims for all damages sustained and arising from
Kevin T. South
an accident involving which occurred on or about March 16
199L, in Middlesex Township, CUmberland County
.
against any person, firm or corporation who may be legally
responsible therefor, and
we
doles) hereby authorize our
said attorney to bring suit or to settle and compromise the said
claims.
NO SETTLEMENT SHALL BE MADE WITHOUT MY PRIOR APPROVAL.
2. Agrees that 66 2/3% of the amount of any recovery shall b
distributed to
us
and 33 1/3% shall be paid to said attorney i
full payment for and in consideration of the professional services
to be rendered by him in the investigation and prosecution of the
said claims.
3. Agrees that
we
shall advance to said attorney, upon
iAIDIS. GUIDO
& MASLAND
26 W. Hlah SIre..
Carlisle, Pa.
request from him, sums to cover the cost and expense of
investigation and prosecution of said claims in anticipation of
their expenditure by him; and further agrees that we
shall
repay to said attorney any costs and expenditures incurred by him
in the investigation and prosecution of such claims above and
beyond those advanced to him.
4. Acknowledge(s) the receipt of n duplicate copy of this
Agreement.
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IN WITNESS WHEREOF, we
have hereunto set our
handlsl an
seal I s I this 2Jrd day of
M:lrch
, 1992, after reading this
O~P:::?P
Witness
~-f
Witness
Agreement and intending to be legally bound hereby.
J2 ~ /U/d.) ;{ .J oud
Dianna K. South, Individual
Dianna ,{II t}/J/:~~ vlrn/ d
Representative of the Estate of
Kevin 21 South, Deceased
//-/'4H~/1J If ,j~
Dianna K. South, Guardian for
Danielle E. South
~~ --e
;AIDIS. GUIDO
&. MASLAND
26 W. High S"..I
Carlisle, Pa.
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EXHIBIT -se
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Kevin T. South, Estate of
c/o Dianna K. South
DATE
PROFESSIONAL SERVICES RENDERED
Mar-09-93
Telephone conference with expert;
letter from National Weather
Service; letter to expert.
Review Judge Oler's Order and
Opinion on Preliminary Objections
of additional defendant.
Lengthy phone conference with
client; letter to client.
Letter to Dianna.
Various phone calls to Atty.
Wieder to check on discovery and
reschedule depositions.
Telephone conference with attorney
Moy1es and Larry Wieder.
Letter to Atty. Freedenberg and
Atty. Moyles.
Telephone conference with Dianna.
Review Answer and New Matter of
Commonwealth of pa.; review
investigation report and witness
sstatements, organize file;
prepare for meeting with Diana.
Letter.
Review Answers To Interrogatories.
Lengthy conference with expert to
review file; letter to expert;
call to David McGowan at Glen
Moore Transport to make
arrangements for a truck, review
of file.
Lengthy conference with safety man
at Glen Moore res truck use on
5/17; letter to Al Ott at Glen
Mar-16-93
Mar-25-93
Mar-26-93
Apr-07-93
Apr-08-93
Apr-08-93
Apr-14-93
Apr-14-93
Apr-19-93
Apr-27-93
Apr-28-93
Apr-29-93
92-228
Oct 21 1994
HOURS
1.00
0.50
0.50
0.30
0.80
0.30
0.30
0.60
2.00
0.40
1.00
2.00
0.50
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DATE
May-05-93
May-12-93
May-13-93
May-16-93
May-17-93
May-20-93
May-21-93
May-24-93
May-25-93
Jun-01-93
Jun-03-93
Jun-1l-93
Jun-14-93
Jun-15-93
Jun-16-93
Jun-17-93
Jun-18-93
Jun-19-93
Jun-21-93
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Matter: 92-228
Page
PROFESSIONAL SERVICES RENDERED
HOURS
Moore, call to expert.
Letter and deposition notice from
Atty. Freedenberg; letter from
expert.
Lengthy phone conference with
McMurtrie, call to Gene Beard.
Lengthy phone conferences with
McMurtrie; meeting with Gene
Beard; begin review of file to
prepare for depositions.
Review documents provided in
response to Motion for Production;
review Answers to Interrogatories.
Pick up motorcycle; meet with
expert to run field tests; prepare
for and attend depositions.
Lengthy conference with expert.
Letter from Atty. Moy1es, letter
from McMurtrie.
Telephone conference with Dianna
to discuss Murphy depositi.ons and
preliminary expert report;
telephone conference with Atty.
Freedenberg and call to Atty.
Moyles.
Call from Atty. Moyles; letter to
Atty. Freedenberg.
Long distance lengthy conference
with expert.
Call from expert and memo to file.
Prepare supplemental responses to
Answers to Interrogatories and
Request for Production of
Documents; lengthy letter to
counsel for defendants and
additional defendant.
Conference with investigator re:
Thompson Institute contracts by
Kevin.
Letter from Gene Beard; letter to
Thompson Institute.
Lengthy telephone conference with
expert.
Telephone conference with Court
Reporter from Murphy deposition.
Telephone conference with
McMurtrie; begin preparation for
depositions; call to Atty.
Freedenberg.
Begin preparation for depositions.
Prepare for and attend depositions
0.30
0.50
4.00
5.00
11.00
0.50
0.40
0.80
0.60
0.50
0.40
2.50
0.40
0.50
0.50
0.30
1.50
1.00
11. 30
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DATE
Jun-22-93
Jun-29-93
Jul-02-93
Jul-06-93
Jul-06-93
Jul-07-93
Jul-OB-93
Jul-14-93
Jul-27-93
Jul-28-93
Jul-28-93
Jul-28-93
Jul-29-93
Jul-30-93
Aug-02-93
Aug-02-93
Aug-03-93
Aug-04-93
Aug-05-93
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Matter: 92-228
Page
3
PROFESSIONAL SERVICES RENDERED
HOURS
of Mrs. Ramos, Mrs. Grimes and Mr.
Boyer; call to National Education
Center.
Telephone conference with client;
review deposition of Mr. Murphy.
Office conference with Dianna.
Call to expert and McMurtrie.
Receive, review and respond to
correspondence re: motorcycle.
Receive, review and respond to
correspondence res motorcycle,
letter to Insurance Company.
Call to Harvey Freedenberg; review
autopsy report; call to
pathologist; review first draft of
expert report; call to McMurtrie;
letter to McMurtrie; lengthy phone
conference with Dr. Ross.
Call to attorney for funeral
director; call to Atty.
Freedenberg to sschedu1e
depositions; memo to secretary.
Letter from Atty. Freedenberg.
Review depositions of Grimes;
Ramos and Boyer; letter to
McMurtrie; letter to pathologist.
Meeting with investigator.
Review and amend letter to Dr.
Ross; highlight relevant portions
of McMurtries notes for Dr. Ross.
Telephone interview with Thomas
Bogush.
Travel, obtained document from
National Education Center, report
writing.
Locating Officer Springer; report
writing.
Brief phone conference with
investigator.
Review expert's report; lengthy
conference with expert; review
report of investigation.
Review file; call to Dianna,
prepare for and attend
depositions.
Call from Dr. Ross; letter to Dr.
Ross.
Calls to Atty. Moy1es' office;
call to investigator; lengthy call
to Harvey Freedenberg, letter to
Atty. Moy1es.
1.30
0.60
0.20
0.30
0.30
LBO
0.50
0.20
2.00
0.70
0.30
0.20
2.30
0.70
0.20
1.00
5.50
0.40
1.00
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DATE
Aug-05-93
Aug-07-93
Aug-12-93
Aug-13-93
Aug-16-93
Aug-17-93
Aug-18-93
Aug-20-93
Aug-23-93
Aug-24-93
Aug-24-93
Aug-27-93
Aug-30-93
Sep-02-93
Sep-07-93
Sep-09-93
Sep-lO-93
Sep-21-93
Sep-23-93
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Matter: 92-228
Paget
4
PROFESSIONAL SERVICES RENDERED
HOURS
Contacted Springer re:
appointment.
Review and organize file; prepare
subpoena and notice of deposition
to Patrolman Springer; letter to
Patrolman Springer, letter to
counsel.
Letter from Gene Beard; call to
Dr. Ross.
Telephone call to Jim Moyles;
conference with partner re:
Indiana depositions.
Call to Jim Moy1es office.
Lengthy phone conference with Jim
Moyles; call to Harvey
Freedenberg.
Telephone conference with Harvey
Freedenberg res depositions;
letter to Harvey.
Retrieve green card; memo to file
on Springer deposition.
Lengthy phone conference with
expert.
Investigation services.
Review of experts notes and draft
reports; lengthy conference with
expert res reports, conclusions,
etc.
Perusal of Dianna's deposition;
memo to file.
Review final draft of expert's
report; call to expert.
Call to Dr. Ross's office.
Lengthy conference with Dr. Ross
res accident.
Review correspondence section of
file; review bill from Dr. Ross;
letter to Kentucky Fried Chicken;
letter to Your Place Restaurant.
Review of file; prepare
supplemental discovery to provide
to counsel; letter to Harvey
Freedenberg and letter to Jim
Moy1es.
Letter from Morgan Foods; letter
from Your Place; letter to Your
Place.
Telephone conference with Atty.
Freedenberg res upcoming
depositions and possible
settlement.
0.20
1.50
0.40
0.40
0.20
0.50
0.50
0.30
0.30
3.40
1.30
0.30
0.50
0.20
0.80
1.00
2.00
0.30
0.30
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DATE
Sep-28-93
Sep-28-93
Sep-30-93
Sep-30-93
Oct-01-93
Oct-04-93
Oct-05-93
Oct-06-93
Oct-12-93
Oct-14-93
Oct-1B-93
Oct-19-93
Oct-22-93
Oct-25-93
Oct-26-93
Oct-28-93
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Matter: 92-228
PROFESSIONAL SERVICES RENDERED
Letter from attorney for Patrolman
Springer; long distance call to
attorney's office; caLl to Atty.
Freedenberg; call to Atty. Moyles;
letter to Atty. Freedenberg and
Atty. Moyles.
Letter from Your Place.
Lengthy conference with Harvey re:
settlement, memo to file; call to
Atty. Moyles; call to Springer's
attorney in Pittsburgh.
Telephone calls from Atty. Moyles;
telephone call to Atty.
Freedenberg.
Call to Atty. Freedenberg.
Letter from McMurtrie; review
curriculum of McMurtrie; call to
Atty. Freedenberg; call to Atty.
Opsitnick; call from Atty. Moyles;
letter to Dr. Roth and letter to
McMurtrie.
Review discovery responses to get
list of witnesses to be deposed in
Indiana; letter to Atty.
Freedenberg.
Review revised curriculum for
McMurtrie; letter from funeral
director's attorney; call to
attorney, call to Patrolman
Springer's attorney; prepare
Notice of Deposition letter to
Atty. Opsitnick.
Phone call to Attorney for Davis
Funeral Home.
Telephone conference with Dianna
re: status of case.
Call to Atty. Freedenberg's
office.
Lengthy phone conference with
Atty. Freedenberg re: Indiana
depositions.
Telephone conference with Atty.
Moyles office; call to Atty.
Freedenberg.
Lengthy telephone conference with
Atty. Freedenberg; long distance
call to NAVL Adjustor; call to
Atty. Moy1es.
Conference with Para-legal res
deposi tion.
Telephone conference with Court
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5
HOURS
0.60
0.20
0.60
0.30
0.20
0.80
1.00
1.00
0.20
0.20
0.20
0.30
0.30
0.50
0.30
0.50
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DATE
Nov-15-93
Nov-16-93
Nov-17-93
Nov-18-93
Nov-19-93
Nov-22-93
Nov-22-93
Nov-23-93
Nov-23-93
Nov-24-93
Nov-26-93
Nov-28-93
Nov-29-93
Nov-30-93
Dec-01-93
Dec-02-93
Dec-02-93
Dec-03-93
Dec-03-93
Dec-06-93
Dec-07-93
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Matter: 92-228
6
Page
PROFESSIONAL SERVICES RENDERED
HOURS
Administrator res Indiana
depositions; letter to Court
Administrator.
Prepare for depositions; travel to
depositions in Indiana.
Preparation for and attendance at
depositions of NAVL personnel in
Indiana.
Preparation for and attendance at
depositions of NAVL personnel in
Indian a; travel from Indiana to
Carlisle.
Letter from Harvey Freedenberg,
call to expert.
Office conference with
Investigator res contacting NAVL
witnesses.
Call to Atty. Opsitnick.
Call from Jim Moyles; call to
Larry Wieder; letter to Harvey.
Long distance phone call to
Pittsburgh re: depositions.
Travel to Pittsburgh and prepare
for deposition of Police Officer.
Prepare for and attend deposition
of Patrolman Springer; travel to
Carlisle from Pittsburg.
Letter from Atty. Moyles; review
Interrogatories and Request for
Production from Penn Dot to Murphy
and NAVL.
Telephone conference with Edward
E. Guido, Esquire and Abel re:
interview.
Lengthy phone conference with
Brian Abel.
Lengthy phone conference with
Atty. Wieder.
Travel, Carlisle to Harrisburg.
Telephone conference with Lucille
and Virgil Disher, Ft. Wayne, In.,
travel to Harrisburg, contact
Manager, Licensing Division.
Report Writing.
Lengthy phone conference with
Diana to discuss status of case
and trip to Indiana.
Call to Belvedere Medical Center.
Conference with Edward E. Guido,
Esquire, re: new leads.
Review Gene Beard's investigation;
14.00
9.00
10.00
0.40
0.30
0.20
0.60
0.20
6.00
9.00
0.40
0.20
0.30
0.50
0.60
2.30
0.30
0.30
0.20
0.50
0.60
DATE
Dec-OB-93
Dec-13-93
Dec-14-93
Dec-17-93
Jan-03-94
Jan-07-94
Jan-lO-94
Jan-12-94
Jan-13-94
Jan-13-94
Jan-19-94
Jan-20-94
Jan-21-94
Jan-24-94
Jan-24-94
Jan-24-94
Jan-25-94
Jan-26-94
Feb-01-94
Feb-01-94
Feb-02-94
Feb-03-94
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Matter: 92-228
Page
7
PROFESSIONAL SERVICES RENDERED
HOURS
letter to attorney for funeral
home.
Letter from Attorney Wieder;
review Interrogatories and Motion
to Produce from NAVL to Penn Dot.
Letter to Mark Springer.
Call to Atty. Wieder.
Phone conference with Atty.
Wieder.
Phone conference with expert; call
to Atty. Wieder.
Letter from Atty. Moyles; review
Objections to Interrogatories and
Objections to Requests for
Production of Documents.
Letter to Court Reporter on
Springer deposition.
Call to McMurtrie.
Call to Atty. Wieder.
Lengthy phone conference with
expert.
Phone conference with Atty.
Wieder.
Begin work on organization of
file; letter to Mr. Bingham; start
list of things to do.
Lengthy phone conference with
Atty. Freedenberg; memo to file;
continue to review and organize
file; open several subsections.
Lengthy phone conference with
Dianna re: emotional problems.
Review file; organize witnesses;
letter to Atty. Freedenberg;
review entire investigation file.
Phone conference with Dr.
Knetrich; letter to Dr. Knetrich.
Review and organize file.
Brief review of depositions of
Winston Church, Vince Noyar Herb
Kee, Carl Barrick and Dave Zych.
Lengthy conference with Expert
(McMurtrie); memo to Investigator.
Meeting with Atty. Wieder and
lengthy conference with McMurtrie
and expert Steve Reichart to
examine the bike, photograph bike.
Meeting with investigator.
Letter from Atty. Moy1ess; review
Response To Request for Production
of Documents and Penn Dot's
0.40
0.20
0.20
0.30
0.30
0.30
0.20
0.20
0.20
0.40
0.30
2.30
1. 70
0.40
3.00
0.40
0.40
1.00
0.70
3.00
0.40
0.40
DATE
Feb-07-94
Feb-07-94
Feb-14-94
Feb-15-94
Feb-16-94
Feb-17-94
Feb-21-94
Mar-04-94
Mar-07-94
Mar-07-94
Mar-07-94
Mar-08-94
Mar-09-94
Mar-15-94
Mar-15-94
Mar-15-94
Mar-16-94
Mar-18-94
Mar-18-94
Mar-31-94
Apr-04-94
I
,
. - ,to
,,~ t.., I
Matter: 92-228
Page
8
PROFESSIONAL SERVICES RENDERED
HOURS
Answerss To Interrogatories and of
Murphy.
Brief conference with
Investigator.
Letter from RWC Physicians; letter
to RWC Physicians.
Review manual on cycle and Police
report.
Brief conference with Investigator
re: owners manual.
Call to EMT - Mr. Bretzman.
Review correspondence from Expert,
conference with McMurtrie.
Brief conference with
investigator; review of 1985
Kawasaki Owners Manual.
Prepare amended Complaint; prepare
Reply to New Matter of Penn Dot.
File amended complaint; file
plaintiff's reply to Penn Dot New
Matter; letter to counsel.
Review and revise draft of Amended
Complaint and draft Reply To New
Matter of Penn Dot.
Office conference with client;
review final draft of amended
Complaint; review final draft of
Reply To New Matter; call to
Harvey Freedenberg; phone
conference with Larry Wieder.
Facts Investigation.
Phone conference with Atty.
Wieder.
Phone conference with Insurance
Company's attorney.
Long distance phone conference
with McMurtrie.
Telephone conference with Otis res
motorcycle, review Complaint re:
motorcycle" fax to attorney res
captionr conference with Edward E.
Guido.
Conference with Robert C. Saidis
res case status and possible
options.
Review reports, conference with
Edward E. Guido, Esquire.
Conference with Robert C. Saidis
re: value of case and strategy.
Letter from Dr. Knestrich.
Lengthy phone conference with
0.20
0.30
0.50
0.20
0.20
0.80
0.40
1.80
0.50
0.60
0.80
2.10
0.20
0.20
0.30
0.90
0.30
2.00
0.50
0.20
0.40
.-
DATE
Apr-06-94
Apr-07-94
Apr-13-94
Apr-14-94
Apr-18-94
Apr-21-94
Apr-25-94
Apr-27-94
Apr-28-94
Apr-29-94
May-01-94
May-02-94
May-03-94
May-04-94
Matter: 92-228
~7'
-'-
Page
9
PROFESSIONAL SERVICES RENDERED
HOURS
expert re: breaking of front forks
on motorcycle.
Letter from McMurtrie; review
photos.
Call to Dianna; phone conference
with Atty. Moy1es.
Receive, review and respond to
Delinquent Notice, review file.
Review file; prepare status report
for Orphan's Court, memo to Edward
E. Guidor Esquire.
Letter from Atty. Moyles; review
photographs and letter from
McMurtrie.
Telephone conference with attorney
for Insurance Company on property
damage.
Phone conference with expert.
Letter from Atty. Miner (Insurance
Company) .
Meeting with Robert C. Saidis,
Esquire; brief conference with
Geoff Shuff, Esquire; meeting with
client.
File Complaint; letter to Atty.
Miner; begin review and
organization of file to prepare
for meeting with investigator.
Brief meeting with Investigator;
letter from Carlisle Community
Ambulance.
Letter to Carlisle Hospital to
request E-R report; review and
organize factual pleadings section
of file; prepare for and attend
meeting with Gene Beard; prepare
for deposition Notice and Subpoena
Duces Tecum for Ambulance
Personnel.
Lengthy phone conference with
expert; review and organize file;
lengthy phone conference with Dr.
Verzilli; letter to Dr. Verzilli;
review of exhibits; review and
oroanize file.
Complete review and organization
of file; complete draft letter to
Verzilli; review and revise letter
to Verzilli; long distance call to
Northwestern University; long
distance call to university of
0.30
0.40
0.30
0.60
0.50
0.20
0.20
0.30
1.30
0.60
0.30
2.00
3.00
2.00
-'. .....
...,.
fT. ..
./
Matter: 92-228
DATE
PROFESSIONAL SERVICES RENDERED
May-06-94
May-06-94
May-lO-94
May-1l-94
May-1l-94
May-l6-94
May-l6-94
May-l6-94
May-l8-94
May-23-94
Florida.
File status report with Register
of Wills.
Review file, file Notice, memo to
Edward E. Guido, Esquire.
Conference.
Review Hospital and ALS reports.
Brief conference with
Investigator.
Review ambulance report.
Review Beard supplemental report;
listen to the tape of Bink.
Letter from Atty. Moyles; review
Answer with New Matter.
Conference with Gene Beard re:
interviews.
Meeting with investigator; review
report of supplemental report of
investigation.
Facts Investigation.
Review of Dr. Verzilli's revised
report.
Office conference with client.
Memo to Chuck Vohs, Esquire, file
Atty. Miner's Reply To New Matter.
Review report of Beard on Brymer
statement.
File Reply and letter to attorney.
Letter from Atty. Miner; letter to
all counsel.
Letter from Atty. Miner.
Letter from Diane's Psychiatrist.
Letter from Atty. Moy1es;
telephone conference with Atty.
Moy1es.
Phone call to Atty. Moyles.
Letter from Atty. Moy1es; review
Motion to Compel and Memorandum of
Law.
Review deposition of Dianna South.
Letter from Harnes; review expert
reports of Mr. Schor and Mr.
Richard; lengthy conference with
Mr. McMurtrie; letter to Mr.
McMurtrie; research rules on
expert discovery.
Review and organize correspondence
section and pleading section;
prepare praecipe to list case for
trial; letter to counsel; detailed
review of Carlisle Comm. Ambulance
May-23-94
May-24-94
May-26-94
May-26-94
May-27-94
May-27-94
May-3l-94
Jun-03-94
Jun-03-94
Jun-24-94
Jun-24-94
Jul-02-94
Jul-06-94
Jul-1l-94
Jul-12-94
'\ '
,
Page
HOURS
0.30
0.70
0.20
0.30
0.20
0.30
0.40
0.30
0.30
0.80
11.80
0.30
0.40
0.20
0.20
0.50
0.30
0.20
0.20
0.30
0.20
0.30
0.50
1.20
5.00
, ,.4.-
i
10
,. ......
.... '.
DATE
Jul-12-94
Jul-13-94
Ju1-14-94
Jul-15-94
Jul-15-94
Jul-18-94
Jul-19-94
Jul-20-94
Jul-21-94
Jul-22-94
Jul-25-94
Aug-08-94
Aug-09-94
Aug-09-94
Aug-15-94
Aug-15-94
Aug-17-94
Aug-18-94
Aug-19-94
Aug-26-94
Aug-26-94
Aug-29-94
Sep-01-94
I ~.
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-"
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Page
11
,.
Matter: 92-228
PROFESSIONAL SERVICES RENDERED
HOURS
report, Hospital report and
autopsy report; call to District
Attorney's office; call to
McMurtrie; prepare and organize
additional discovery responses;
review witness statements; lengthy
letter to counsel.
Lengthy phone conference with Mr.
McMurtrie.
File praecipe to list for trial;
review supplemental discovery.
Letter to counsel.
Lengthy telephone conference with
expert.
Review statement of Clyde Barkley.
Conference with Expert
(McMurtrie).
Conference with Edward E. Guido,
Esquire.
Call to Dianna.
Letter from Atty. Moy1es; lengthy
phone conference with Atty.
Freedenberg, call to Atty. Moy1es.
Phone conference with Atty.
Moyles; letter to Atty.
Freedenberg, Moyles & Miner.
Phone conference with Atty. Miner.
Phone conference with expert;
letter, review Murphy deposition
and photographs, letter to expert.
phone conference with
Prothonotary.
Attend call of trial list.
Phone conference with Harvey
Freedenberg; review Judicate
material, brief conference with
Atty. Douglas.
Review Judge Sheely's Order;
letter from Expert; review copius
data supplied by expert.
Phone call to Atty. Freedenberg.
Lengthy phone conference with
Expert.
Letters from Andrew Verzilli.
Phone conference with Harvey
Freedenberg; call to Dianna.
Phone conference with Dianna to
explain mediation process.
Call to Adjudicate; prepare
submission form for mediation.
Letter from Judicate; call to
0.70
0.50
0.30
0.80
0.20
0.30
0.30
0.20
0.80
0.50
0.20
0.70
0.20
0.70
0.50
0.80
0.20
0.30
0.20
0.40
0.30
0.50
0.30
.
DATE
Sep-02-94
Sep-12-94
Sep-13-94
Sep-15-94
Sep-16-94
Sep-19-94
Sep-19-94
Sep-19-94
Sep-19-94
Sep-20-94
Sep-20-94
Sep-22-94
Sep-22-94
Sep-27-94
Sep-28-94
Sep-29-94
Sep-29-94
Sep-29-94
Sep-30-94
Sep-30-94
.... ....
~
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Matter: 92-228
Pllge
12
PROFESSIONAL SERVICES RENDERED
HOURS
Dianna.
Phone call to Dianna; letter to
Dianna.
Letter to Atty. Freedenberg;
letter to Judicate; work on
figures for settlement proposal.
Review of Verzilli's report;
review jury change and prepare
range of possible verdicts; begin
organizing file to prepare for
upcoming mediation.
Review expert's reports,
depositions and exhibits; prepare
rough draft brief for mediation.
Lengthy phone conference with
Howard McMurtrie.
Review and redraft brief for
mediation.
Letter from Howard McMurtrie.
Lengthy phone conference with
expert; review and revise draft
brief for mediation; re-organize
exhibits; conference with Robert
C. Saidis.
Final revision of Judicate Brief;
letter to Judge Blahey.
Letter to client.
Research on pain and suffering.
Review mediation memo.
Phone conference with Dianna;
review brief and enclosures for
mediation.
Prepare various settlement
scenarios; wo~k on computer for
investment possibilities;
conference with Chuck; review
file.
Phone call from Judicate; brief
meeting with Business Manager on
expenses.
Attend mediation in York with
Judge B1aky.
Prepare for mediation; call to
McMurtrie; phone conference with
Dianna.
Meet with Dianna; travel to and
attend mediation.
Phone conference with Harvey; memo
to file.
Lengthy phone conference with
McMurtrie; lengthy phone
0.30
0.50
1.50
4.50
0.50
1.00
0.20
3.50
0.50
0.20
0.30
0.50
0.50
1.30
0.20
4.00
2.00
4.00
0.20
0.70
,
/
.
..
.. >..
,
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Matter: 92-228
. .
/-
pagji,/
/
13
DATE PROFESSIONAL SERVICES RENDERED
HOURS
conference with Harvey; memo to
file.
Oct-03-94 Memo to file.
Oct-04-94 Phone conference with Dr.
Verzilli.
Oct-04-94 Phone conference with Atty. Miner.
Oct-05-94 Receive, review and file bill from
Dr. Knistrich.
Oct-07-94 Letter from Judicate; letter to
Atty. Freedenberg.
Oct-14-94 Phone call from Dianna.
Oct-14-94 Prepare rough figuress on a
proposed settlement; lengthy
conference with Dianna.
Oct-14-94 Phone conference with Vince Noya;
call to John Oszustowicz.
Oct-14-94 Phone conference with Atty.
Moy1es.
Oct-17-94 Letter from Atty. Freedenberg;
call to Howard McMurtrie.
Oct-17-94 Phone conference with Dianna;
calls to Atty. Freedenberg; calls
to Atty. Moyles. ,
Oct-18-94 Attend call of the list.
Oct-19-94 Research; prepare draft Petition
for approval of settlement.
Oct-20-94 .. Review and revise draft of
Petition for Approval; prepare
Exhibits for Petition.
Oct-2l-94 Letter from Atty. Moyles; letter
to Dianna; review and amend
redraft of Petition; prepare first
draft of proposed Order; letter to
Atty. Moy1es; prepare final
Exhibits.
0.20
0.30
0.20
0.20
0.30
0.20
1.30
0.50
.
0.20
0.30
0.50
0.60
1. 70
2.00
2.50
TOTAL HOURS
264.00
Lawyer
Robert C. Saidis
Edward E. Guido
William C. Vohs
Law Clerk
Eugene Beard, PI.
Totals
Hours
5.50
230.00
3.90
3.40
21. 20
=========
264.00
,~
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EXHIBIT .C.
.
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DATE
03/27/92
03/30/92
04/01/92
04/07/92
05/05/92
07/01-92
07/01/92
07/02/92
08/07/92
08/31/92
01/21/93
02/03/93
02/03/93
03/03/93
03/03/93
04/28/93
04/28/93
04/28/93
05/17/93
06/07/93
06/21/93
06/22/93
07/23/93
07/25/93
07/27/93
07/27/93
08/03/93
08/12/93
08/13/93
08/28/93
10/04/93
10/04/93
11/22/93
11/23/93
12/13/93
12/15/93
01/10/94
01/26/94
02/21/94
04/01/94
05/02/94
.,
, .
.
EXPENSES
Cumberland County Coroner
Middlesex Twp Police Dept
Register of Wills
R.Reidenbach - Photographs
Eugene Beard - Private Investigator
Sheriff - Service
Prothonotary - Filing Fee
Certified Mail
Steinmetz Photo Work Shop
Andrew G. Verzilli, PHD
Register of Wills
National Climatic Data Center
Miller Towing - Storage 3-16-92/2-1-93
Gene Beard - Private Investigator
Gene Beard - Private Investigator
937 copies @ .15 re: Produce Documents
Airborne Express
Howard McMurtrie - Expert
Howard McMurtrie - Expert
Howard McMurtrie - Expert
parking
Central Pa. Court Reporting Services
Gene Beard - Private Investigator
130 copies @ .15
200 copies I .15
Hughes, Albright, Foltz & Natale
Court Reporter
Howard McMurtrie - Expert
File Subpoena
Certified Mail
Howard McMurtrie - Expert
Howard McMurtrie - Expert
Forensic Patho10gy- Consultation
Travel Expense - Motel
Travel Expense - Airline tickets to Indiana
Mark Springer - Witness fee and expenses
Rolf Reporting - Court Reporter
Lana M. Byer, Associates - Court Reporter
Certified Mail re: Bingham
Howard McMurtrie - Expert
Carlisle Rent A Space - Cycle storage
6-1-93 through 10-15-94
Howard McMurtrie - Expert
, .
.~
.
--'
$145.00
5.00
41.00
348.00
892.60
100.00
40.50
5.02
12.72
700.00
10.00
14.00
425.00
8.86
539.30
NC
23.00
500.00
800.00
1,447.00
6.50
336.95
92.30
NC
NC
250.70
600.00
2.00
2.52
700.00
300.00
685.00
245.55
872.00
86.60
998.40
l81. 45
2.29
220.00
350.00
460.00
. "
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. .
I... ___'
.
......' --'
.
05/11/94
07/15/94
09/07/94
09/12/94
Smart Corporation
Howard McMurtrie - Expert
Howard McMurtrie - Traffice Services
Judicate - Mediation
31. 75
140.00
500.00
300.00
Total Expenses $13,421.01
Less reimbursement from defendant for
Judicate & travel 1,467.26
Less adjustment per Edward E. Guido, Esquire - 935.75
Balance unreimbursed expenses
$11,000.00
"_~_""""_,",",,_"''''''''of>~_
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--'
..
VERIFICATION
I, Dianna Kay South, verify that the statements made in the
foregoing Petition for Approval of Settlement of Wrongful Death
and Survival Claims and Apportionment of Settlement Proceeds are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S 4904, relating to
unsworn falsification to authorities.
DATED:
/ c ~:; J'/9~
g~,;t~ k j~~
Dianna Kay South
SAlDIS, GUIDO,
SHUFF &:
MASLAND
26 w. Hialt 5_1
Catli.lc, PA
6
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4.
DIANNA KAY SOUTH,
FOR THE ESTATE OF
KEVIN TODD SOUTH, deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
NORTH AMERICAN VAN LINES, INC.
BRIAN FRANCIS MURPHY AND
COMMONWEALTH OF PA., DEPT. OF
TRANSPORTATION
IN RE: CIVIL TRIAL LIST
94-1279 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this, 31st day of OCTOBER, 1994, upon relation by
Mr. Guido, the court directs the parties to list the property
damage claim for arbitration. All other matters are not at issue
at this time and therefore the case is stricken from the trial
list. Counsel may relist the case when ready.
By the Court,
~.
H
Edward E. Guido, Esquire
Steven P. Miner, Esquire
For the Plaintiff
Harvey Freedenberg, Esquire ,.,' ,
For Murphy and North American Van Lines
,
"
James Moyles, Esquire
For Pa. Dept. of Transportation
:sld
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'lr. ,"1 1
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.
44.
DIANNA KAY SOUTH, Executrix
of the Estate of
KEVIN TODD SOUTH, deceased
Plaintiff
V
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION
Defendants
NO. 94-1279 CIVIL TERM
ORDER OF COURT
AND NOW, August 10, 1994, at the request of counsel for
the defendant, the above-captioned matter is hereby continued
from the September, 1994 trial term. The prothonotary is
directed to relist the case for the November, 1994, trial term.
By the Court,
I J L'L~ll t-: C~
Harold E. Sheely, ~
------ .
Edward E. Guido, Esquire
Steven P. Miner, Esquire
For the Plaintiff
Harvey Freedenberg, Esquire
For Murphy and North American Van Lines
James Moyles, Esquire
For Pennsylvania Dept.
~ ~~
Court ~nj~~ator
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=>
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of Transportation
:sld
-
~
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
plaintiff
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
.
.
v.
: NO. 1279 CIVIL 1994
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY,
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Defendants
:
.
.
.
.
PLAINTIFF'S REPLY TO ANSWER AND NEW MATTER OF DEFENDANT,
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORTATION
28. Paragraph 28 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 28
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
29. Denied. After reasonable investigation, the Plaintiff is
without sufficient knowledge or information to form a belief as to
the truth of these averments.
30. Paragraph 30 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 30
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is hereby demanded at
the time of trial.
31. Paragraph 31 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 31
can be construed as factual allegations, said allegations are
-2-
specifically denied, and strict proof thereof is demanded at the
time of trial.
32. Paragraph 32 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 32
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
33. Paragraph 33 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 33
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
34. Denied. After reasonable investigation, the plaintiff is
without sufficient knowledge or information to form a belief as to
the truth of these averments.
35. Paragraph 35 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 335
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
36. Paragraph 36 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 36
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
37. Paragraph 37 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 37
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of triaL
38. Paragraph 38 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 38
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
39. paragraph 39 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 39
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of triaL
40. Paragraph 40 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 40
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
41. Paragraph 41 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 41
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
-3-
42. Denied. It is specifically denied that Plaintiff's
Decedent was contributorily negligent in that he:
a. operated his vehicle at a speed in excess of the
posted speed limit. To the contrary, Plaintiff's Decedent
operated his vehicle at all relevant times within the posted
speed limit.
b. operated his vehicle at a speed which was too fast
for conditions then and there existing. To the contrary,
Plaintiff's Decedent was at all times relevant operating his
vehicle in a reasonably careful way.
c. operated his motor vehicle at a speed which was
groater than would permit him to bring the vehicle to a stop
within the assured clear distance ahead. To the contrary,
Plaintiff's Decedent was at all times relevant operating his
vehicle at a speed which would permit him to bring his vehicle
to a stop within the assured clear distance ahead.
c. failed to operate his vehicle with due care under
existing circumstances. To the contrary, Plaintiff's Decedent
was at all times relevant operating his vehicle with due care
under existing circumstances.
d. failed to keep a careful and diligent watch on the
highway. To the contrary, Plaintiff's Decedent was at all
times operating his vehicle in a way to maintain a careful and
diligent watch on the highway.
-4-
43. Paragraph 43 is a legal conclusion to which no responsive
pleading is required. To the extent that portions of paragraph 40
can be construed as factual allegations, said allegations are
specifically denied, and strict proof thereof is demanded at the
time of trial.
WHEREFORE, Plaintiff, Dianna Kay South, Executrix of the
Estate of Kevin Todd South, Deceased, respectfully requests that
judgment be entered in her favor and against all other parties.
2252(4) NEW HATTER DIRECTED TO
DEFENDANTS BRIAN FRANCIS MURPHY
AND NORTH AMERICAN VAN LINES. INC.
44.-47. The averments of paragraphs 44 through and including
47 are directed to other parties, and accordingly, no response is
required.
WHEREFORE, Plaintiff, Dianna Kay South, Executrix of the
Estate of Kevin Todd South, Deceased, respectfully requests that
judgment be entered in her favor and against all other parties.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB
By:
4e:x /~
Steven P. Min~r, Esquire
Karl R. Hildabrand, Esquire
Attorneys for plaintiff
P.O. Box 93
Harrisburg, PA 17108-0093
(717) 238-8187
Dated:
May
;.)
(V
-'
1994
-5-
,
VERIFICATION
The undersigned hereby certifies that the facts set forth in
the foregoing Reply to Answer and New Matter Filed on Behalf of
Defendant,
Commonwealth
of
Pennsylvania,
Department
of
Transportation are true and correct to the best of her knowledge,
information and belief, and further states that false statements
herein are made subject to the penalties of 18 Pa.C.S. 54904
relating to unsworn falsification to authorities.
~((/(/7~) y J~
Dianna 'Kay South ,I 1 Of /
Dated:
~/~~/9(
-6-
CERTIFICATE OF SERVICE
AND NOW, this
day of Hay, 1994, I, Steven P. Hiner,
Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
attorneys for Plaintiff, hereby certify that I served the foregoing
Reply to New Matter this day by depositing same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
James R. Hoyles, Esquire
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, strawberry Square
Harrisburg, PA 17120
Harvey Freedenberg, Esquire
Lawrence R. Wieder, Esquire
McNees, Wallace & Nurick
100 Pine street, P.O. Box 1166
Harrisburg, PA 17108-1166
Edward E. Guido, Esquire
Saidis, Guido & Hasland
26 West High street
Carlisle, PA 17013
/~t::=;Vl---
Steven P. Hiner, Esquire
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DIANNA KAY SOUTH, Executrix . IN THE COURT OF COMMON PLEAS OF
.
of the Estate of KEVIN TODD I CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH, Deceased, I
Plaintiff .
.
I
V. I CIVIL ACTION - LAW
.
.
NORTH AMERICAN VAN LINES, .
.
INC., BRIAN FRANCIS MURPHY I
and COMMONWEALTH OF I
PENNSYLVANIA, DEPARTMENT OF .
.
TRANSPORTATION, .
. v"
Defendants . 94-1279 CIVIL TERM
.
* * * *
DIANA KAY SOUTH, Executrix .
.
of the Estate of KEVIN TODD .
.
SOUTH, Deceased, .
.
Plaintiff .
.
.
.
v. .
.
.
.
BRIAN ~RANCIS MURPHY and .
.
NORTH AMERICAN VAN LINES, .
.
INC. , .
.
Defendants .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2382 CIVIL 1992
ORDER OF COURT
AND NOW, this Z~~day of May, 1994, upon consideration of
the attached Stipulation To Consolidate, the above actions are
CONSOLIDATED at 94-1279 CIVIL TERM.
BY THE COURT,
.
Steven P. Miner, Esq.
)11 <
:rc
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~61 Ht f1~ r, rz J'H
DIANNA KAY SOUTH, Executrix
of tho Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
v.
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRAtl5PORT~.TIOtl ,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:
:
CIVIL ACTION - I,AW
.
.
:
.
.
.
.
NO. 1279 CIVIL 1994
:
*****************************************************
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
v.
BRIAN FRANCIS MURPHY and
NORTH AMERICAN VAN LINES,
INC. ,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2382 CIVIL 1992
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STIPULATION TO CONSOLIDATE
IT IS HEREBY AGREED by all counsel
actions ~Ol\dated at Number
~.
Edward E. Guido, Esquire
that the above captioned
.~
Hi1dabrand, Esqu re
(;/
Esqu re
ORDER
AND NOW, this day of
request of the parties,
the above actions are consolidated at Docket No.
BY THE COURT:
, 1994, upon
.
J
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, xecutrix
Estate of KEVIN TODD
Deceased,
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:
Plaintiff
CIVIL ACTION - LAW
.
.
v.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
NO. 1279 CIVIL 1994
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Defendants
ACCBPTANCB OF SBRVICB
I, Harvey Freedenberg, Esquire, authorized agent for Brian
Francis Murphy, hereby accept service of the complaint of Dianna
Kay South, Executrix of the Estate of Kevin Todd South, deceased,
on his behalf.
ESQUIRE
=
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<no
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-
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.-
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KA OUTH, Executrix
Estate of KEVIN TODD
Deceased,
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
Plaintiff
.
.
.
.
CIVIL ACTION - LAW
v.
.
.
.
.
:
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Defendants
.
.
.
.
.
.
NO. 1279 CIVIL 1994
.
.
.
.
.
.
ACCBPTANCB OF SERVICB
I, James R. Moy1es, Esquire, authorized agent for the
Commonwealth of Pennsylvania, Department of Transporation, hereby
accept service of the complaint of Dianna Kay South, Executrix of
the Estate of Kevin Todd South, deceasj1' on its behalf.
JAMES R. MOYLES, ESQUIRE
-14-
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To
YO<l .re hereby notIftad III plead III the
..dosed
wltl1ln (20) clar', of MfYke haIeof Of a
default Judgment mar be antMed upon rou.
By -
TORTS LmGATlON UNIT
OFFICI OF ATTOINIY GENERAL
11th Fl. strIwbIny Squa...
HarrIsburg, PA 17120
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
v.
NORTH AMERICAN VAN LINES, INC.,
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendants
I Cat'lIfy that the whhln II
a true and comet ~,
'.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I
I CIVIL ACTION - LAW
I
I
I
I
I
I
I NO. 1279 CIVIL 1994
NOTICE TO PLEAD
TO ALL PARTIES:
YOU ARE HEREBY REQUIRED to respond to the within New Matter
within twenty (20) days of the date of service hereof or a default
judgment may be entered against you.
Respectfully submitted,
ERNJST D. PREATE, JR.
At~~~ney eneral
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
BYI
ames R. Moyles ID#30135
enior Deputy Attorney General
.
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NORTH AMERICAN VAN LINES, INC.,
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendants
NO. 1279 CIVIL 1994
ANSWER AND NEW MATTER AND CROSS CLAIM NEW MATTER
FILED ON BEHALF OF DEFENDANT.
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORTATION
1. Denied. After reasonable investigation, the Commonwealth
Defendant is without sufficient knowledge or information to form a
belief as to the truth of these averments.
2. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
3. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
4 . Admi tted.
5. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
6. Denied. After reasonable investigation, the Commonwealth
Defendant is without sufficient knowledge or information to form a
belief as to the truth of these averments.
7. Admitted..
8. Admitted.
.
g. Admitted.
10. Admitted.
11. Admitted in part and denied in part. It is admitted that
Defendant Murphy was in the process of traversing a portion of U.S.
Route 11 and that he intended to proceed Northbound on U.S. 11 at
the time of this accident. The remaining allegations set forth in
paragraph II are specifically denied and strict proof thereof is
hereby required at the time of trial.
12. Denied. It is specifically denied that Plaintiff's
Decedent, Kevin Todd South was traveling in a lawful manner
Southbound on U.S. Route 11 at the time of the subject accident.
As to the remaining allegations set forth in paragraph 12 of
Plaintiff's Complaint, the same are denied, as after reasonable
investigation Answering Defendant is without sufficient knowledge
or information to form a belief as to the truth of these
allegations.
13. Denied. After reasonable investigation, the Commonwealth
Defendant is without sufficient knowledge or information to form a
belief as to the truth of these averments.
14. Denied. After reasonable investigation, the Commonwealth
Defendant is without sufficient knowledge or information to form a
belief as to the truth of these averments.
15. Denied. After reasonable investigation, the Commonwealth
Defendant is without sufficient knowledge or information to form a
belief as to the truth of these averments.
16. The averments of these paragraphs are directed to other
2
..... ,..-.
parties, and, accordingly, no response is required.
17. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
18. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
19. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
20. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
21. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
22. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
23. The averments of these paragraphs are directed to other
parties, and, accordingly, no response is required.
24. The Commonwealth Defendant incorporates herein by
reference its answers to paragraphs 1 through 24 of Plaintiff's
Complaint as though fully set forth herein at length.
25. Denied. The allegations set forth in paragraph 25 of
Plaintiff's Complaint, including subparts a. through d. constitute
conclusion of law to which no responsive pleading is required. To
the extent that portions of paragraph 25 can be construed as
factual allegations, set allegations are specifically denied, and
strict proof thereof is hereby demanded at the time of trail. In
further response to paragraph 25 of Plaintiff's Complaint, is
specifically denied that Defendant Pennsylvania Department of
3
Transportation, and or any of its agents, servants, workmen and/or
employees were in any fashion or manner negligent with respect to
the instant cause of action and/or in any of the following
respects I
a. In failing to provide adequate signalization on a
state highway;
b. In failing to provide lane dividing walls on a
divided highway;
c. In failing to adequately construct a state highway;
d. In failing to post safe speed limits on a state
highway.
26. Denied as a legal conclusion to which no responsive
pleading is required. Furthermore, it is specifically denied that
any alleged damages, injuries and/or losses were caused by any
negligence or carelessness on the part of the Commonwealth
Defendant and/or any of its agents, servants, workmen and/or
employees.
27. Denied as a legal conclusion to which no responsive
pleading is required. Furthermore, it is specifically denied that
any alleged damages, injuries and/or losses were caused by any
negligence or carelessness on the part of the Commonwealth
Defendant and/or any of its agents, servants, workmen and/or
employees.
WHEREFORE, Commonwealth of Pennsylvania, Department of
Transportation, respectfully requests that judgment be entered in
its favor and against all other parties.
4
NEW MA'l'TER
28. The present action is controlled by the provisions of 1
Pa. C.S. S2310 and Act No. 1980-142, set forth in 42 Pa. C.S.
SS8501, et seq., which Acts are incorporated herein and pled by
reference. The Commonwealth Defendant asserts all the defenses
contained therein.
29. The Commonwealth Defendant did not have notice, written
or otherwise, of the allegedly dangerous condition, or in the
alternative, if said notice was received, it was not received in
sufficient time prior to the alleged accident for the Commonwealth
Defendant to have corrected or to have warned the traveling public
of the allegedly dangerous condition.
30. The Commonwealth party is immune from suit pursuant to 1
Pa. C.S. S2310, and this action is not within any of the exceptions
to immunity as set forth in 42 Pa. C.S. S8522, and therefore this
action is barred.
31. The Commonwealth of Pennsylvania, Department of
Transportation, is immune from claims alleging conditions on rather
than of the highway.
32. The Commonwealth Defendant avers that recovery may not be
had against it for alleged failures to redesign, change or update
designs of state-designated highways, rights-of-ways or fixtures or
structures affixed thereto or located thereon.
33. This action is barred by 53 P.S. S4104, providing that
the Commonwealth of Pennsylvania, Department of Transportation,
shall not be liable for any injury to persons or property arising
5
out of the issuance or denial of a driveway permit or for failure
to regulate any driveway.
34. The traffic control signals, referred to in both the
Plaintiff's and municipality's Complaints, were owned, possessed
and controlled by the Defendant municipality, which had the duty to
keep and maintain the traffic control signals at the accident situs
in a reasonably safe condition and in proper working order; if it
is shown that the Plaintiff was injured in the manner alleged in
the Complaint, it was due solely to the negligence, carelessness
and recklessness of the municipality and its agents, servants, and
employees.
35. The Commonwealth Defendant avers that recovery cannot be
had against it for the exercise of authorized discretion.
36. Should liability be found on the part of the Commonwealth
Defendant, the amounts and types of damages recoverable in the
present action are limited and controlled by 42 Pa. C.S. S8528.
37. This action is barred by the applicable statute of
limitations.
38. The Judicial Code at 42 Pa. C.S. S5522(a), which section
is incorporated herein and pled by reference, provides that the
Commonwealth and the Attorney General must have received written
notice of intent to sue within six (6) months from the date the
cause of action accrues. In the absence of such notice, this
action is barred.
39. Plaintiff's injuries, as alleged, were caused by other
persons or parties which were contributory and/or intervening,
6
superseding causes of Plaintiff's alleged injuries.
40. The Commonwealth Defendant may not be held responsible
for injuries incurred by third parties which were allegedly caused
by the acts of another.
41. The Commonwealth Defendant avers that if negligence is
found to exist on its part, said negligence was not the proximate
cause of Plaintiff's injuries.
42. plaintiff's Decedent was contributorily negligent in that
he:
a. operating his vehicle at a speed in excess of
the posted speed limit,
b. operating his vehicle at a speed which was too
fast for conditions then and there existing,
c. operating his motor vehicle at a speed which was
greater than would permit him to bring the vehicle to a
stop within the assured clear distance ahead,
c. failing to operate his vehicle with due care
under existing circumstances, and
d. failing to keep a careful and diligent watch on the
highway.
43. Plaintiff's claims are entirely barred by the provisions
of the Pennsylvania Comparative Negligence Statute.
WHEREFORE, Commonwealth of Pennsylvania, Department of
Transportation, respectfully requests that judgment be entered in
its favor and against all other parties.
7
2252(d\ NEW MATTER DIRECTED TO
DEFENDANTS BRIAN FRANCIS MURPHY
AND NORTH AMERICAN VAN LINES. INC.
44. The factual averments of the Plaintiff's Complaint as
against Defendant North American Van Lines, Inc. are incorporated
herein by reference as if fully set forth at length without
admission or adoption.
45. Liability on the part of the Commonwealth Defendant is
specifically denied.
46. If the averments contained in the Plaintiff's Complaint
are established, said averments being specifically denied, as they
may relate to the Commonwealth Defendant, then the damages
complained of were caused solely by the Defendants Murphy and North
American Van Lines, Inc..
47. Defendants, Murphy and North American Van Lines, Inc.,
have been joined herein to protect the Commonwealth Defendant's
rights of indemnity and contribution, and the Commonwealth
Defendant avers that the above-said Defendant are alone liable to
the Plaintiff, or in the alternative, that the above-said
Defendants are liable to the Commonwealth Defendant, or jointly and
severally liable on the Plaintiff's causes of action.
8
WHEREFORE, Commonwealth of Pennsylvania, Department of
Transportation, respectfully requests that judgment be entered in
its favor and against all other parties.
Respectfully submitted,
ERNEST D. PREATE, JR.
Attorney General
BYI
,
~ ~
James R. Moyles IDt30135
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
9
VERIFICATION
I, JAMES R. MOYLES, Senior Deputy Attorney General, in my
capacity as counsel for Defendant in the within action, hereby
verify that the foregoing statements are true and correct to the
best of my knowledge, information and belief, and are made subject
to the penalties of 18 Pa. C.S. S4904 relating to unsworn
falsification to authorities.
7
AMES R. MOYLES
Senior Deputy Attorney General
Dated I May 13, 1994
..l........__.~..."._ ,,_", .... ...____
CERTIPICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated below I
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWSI
KARL R. HILDABRAND, ESQUIRE
METZGER, WICHERSHAM, KNAUSS
& ERB
P.O. BOX 93
HARRISBURG, PA 17l08-0093
HARVEY FREEDENBERG, ESQUIRE
LAWRENCE R. WIEDER, ESQUIRE
McNEES, WALLACE & NURICK
100 PINE STREET
P.O. BOX 1166
HARRISBURG, PA 17108-1166
EDWARD E. GUIDO, ESQUIRE
SAIDIS, GUIDO & MASLAND
26 WEST HIGH STREET
CARLISLE, PA 17103
STEVEN P. MINER, ESQUIRE
METZGER, WICKERSHAM,
KNAUSS & ERB
MELLON BANK BUILDING
111 .MARKET STREET
P.O. BOX 93
HARRISBURG, PA 17108-0093
.11
/Y. /..
i
I .
By: y,!...J
j,crames R. Moyles ID#30135
~senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
DATED I May 13, 1994
~
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Dianna Kay South, Ex~cutrix of
the Estate of Kevin Todd South
DEceased
vs
North American Van Lines Inc.
Brian Francis Murphy and
Commonwealth of Pennsylvania
Department of Transportation
SERVE: North American Van Lines Inc.
Commonwealth of Pennsylvania
Department of Transportation
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1279 Civil Term, 1994
Summons in Civil Action Law
R. Thomas Kline, Sheriff, who being duly sworn according
says he made diligent search and inquiry for one of the within
defendants, to wit: North American Van Lines but was unable to
them in his bailiwick. He therefore deputized the Sheriff of
Philadelphia County, Pennsylvania to serve the within Summons in Civil
Action Law according to law.
PHILADELPHI COUNTY RETURN: Served and made known to North American
Van Lines Defendant Company by handing a true and attested copy of the
within Summons issued in the above captioned matter on April 7, 1994 at
10:00 o'clock A.M. E.D.S.T., at 1635 Market Street, in the County of
Philadelphia State of Pennsylvania to a agentor person for the time being
in charge of defendant's Office or usual place of business C. T. Corp.
Rita Spear. So answrs John D. Green, Sheriff by Rivrezzo n431 Deputy
Sheriff of Philadelphia County, Pennsylvania.
R. Thomas Kline, Sheriff, who being duly sworn according to law
says he made diligent search and inquiry for one of the within named
defendants, to wit: Commonwealth of Pennsylvania, 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 Summons in Civil Action Law according to law.
DAUPHIN COUNTY RETURN: And Now March 22, 1994 at 10:15 A.M. served
the within Writ of Summons upon Department of Transportation by
personally handing to Marian Vanhorn, Sec'y and person in charge at time
of service a true attested copy of the original Writ of Summons and
making known to her the contents thereof at Trans. & Safety Bldg.,
Harrisburg Dauphin County, Penna. So answers: William H. Livingston
Sheriff of Dauphin County, Penna by patricik J. Horner, Deputy Sheriff.
Dauphin County return hereto attached.
to law,
named
locate
Sheriff's Costs:
Docketing
Surcharge
Out of County
Dauphin Co.
Phila Co.
So answers:
, /' _J/
'/0' .....-,. .-r- ~-
". ~../',/.~
18.00
4.00
10.00
17.50
59.00
108.50
R. Thomas Kline, Sheriff
Pd. by Atty.
4-29-94
Sworn and
:?,
), ,^ day of
before me this
1994
-".
,
IH."11"1"'5 R.TURN - IUMMONI~""INV
~ Krry fnwl
COMMON PL.E'" NO,
QOtlUTV .c:oua:r
TERM, 18
VERSUS
1t~/' a'ft'W.t~ 11.v.. ~
C/O C"f COfl
NO.
at
, in the County of Philadelphia,
State of Pennsylvania, to
o (1) the aforesaid defendant, personally;
o (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
o (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;
0(4)
/5f(S)
0(6)
the manager/clerk of the place af lodging in which said defendant resides;
agent or person for the time being in charge of defendant's office or usual place of business.
CT c: off, 121'1'1'1 J?/!.tlR
the and officer of said defendant Company;
So Answers,
sRu~
JOHN D. GREEN, Sheriff
By:
'RlvIGZ7-tJ 11 ~3/
Deputy Sheriff
12.38 IRo.. 1
a/'.'U;.il ~""l!
..ko..'\1B..",.:,("I' ":",-". rL't'J.c
r'~ iiI.. irk 1~ ..1, 11 ',~ -",f \" ...., .:_ ~;L1j'if
MyCcwTW1r~>u\bprusJU:Il'.t tryJ.\
~loI Nola/lJs
AND NOW: March 22,
19 94 ,at 10:15 AM.
SERVED THE
UPON
BY PERSONALLY
.
.
COMMONWEALTH OF PENNA:
COUNTY OF DAUPHIN:
SHERIFF'S RETURN
NO. 1279 Civil 1994
PAGE 459
WITHIN
WRIT OF SUMMONS
Department of Transportation
HANDING TO
Marian Vanhorn, Sec'y and person in charge at time of service
A TRUE ATTESTED COPY OF THE ORIGINAL
WRIT OF SlJMoIONS
AND MAKING KNOWN TO Her THE CONTENTS THEREOF AT Trans. &
Safety Bldg., Harrisburg, Dauphin County, Penna.
S01r~ ?f. ~
SHERIFF OF DAUPHIN COUNTY~ PENNA
BY ~dA-l</'-I'::"" /r j ,j(....'(..v/L--
." DEPUTY S'RIFF
Sworn and subscrib
his 22nd d y
. " ci
. .
. .
to
of March 19 94
f Cl/~
PROTHONOTARY
SHERIFF'S COST $
S-lA
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Dauohin
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\n Tn€! Court ci C.:mmO:1 Fle:s 01 C:.Jr.::;;::.:lt'i:nd C':;l.::-;~'YI ?s~r:syl'le:ni::
.
'Dianna Kay South
VS.
Commonwealth of Pennsy~vania. Department of Transporation
::-fo. 1279 C:lv. i 1 Term 199L-...., :?_
:O;ow, March 18. 1994
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:-roo 1279 Ci\/i 1 Tprpl 1994---. :?__
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March 18. 1994
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YO<l ere hereby notlflact III pINel III the
..dosed
WIthin (20) clar', of .....Ice haNDf or a
delauh Judgment mar be entM8d upon rou-
'.. ....
BV
TORTS LITIGATION UNIT
OffiCI OF A110MIY GENERAL
15th Fl. Snwblny $qua...
Hlnt.burg, PA 17120
I CMtlfr U1at tile wIIIIl.~ ..
a true and ~ copr,
DIANNA KaY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
Plaintiff
.
.
.
.
v.
CIVIL ACTION - LAW
NORTH AMERICAN VAN LINES, INC.,
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
.
.
Defendants
: NO. 1279 CIVIL 1994
PRAECIPE FOR RULE TO FILE COMPLAINT
Please issue a Rule upon Plaintiff, Dianna Kay South,
Executrix of the Estate of Kevin Todd South, Deceased to file a
Complaint against the Defendant, Commonwealth of Pennsylvania,
Department of Transportation within twenty (20) days from the date
of service of Rule or suffer entry of judgment non pros.
Respectfully submitted,
By:
JR.
es R. Moyles ID#30135
nior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-l683
RULE
AND NOW, this II i:J... day of
~
, 1994, a Rule is
hereby entered, as above.
~- 1h, (f)jlAj-~ (;/1;'
P thonotary ,
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated below I
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
KARL R. HILDABRAND, ESQUIRE
METZGER, WICHERSHAM, KNAUSS
& ERB
P.O. BOX 93
HARRISBURG, PA 17108-0093
~
;;..
BY:( I /~
ames R. Moyles ID#30135
enior Deputy Attorney General
,,'
';d:
Torts Litigation Section
15th Floor, Strawberry
Harrisburg, PA 17120
717-783-1683
DATED I April 8, 1994
,
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You ... haNbr notlflIlI III plQd Ill. ttrt
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~Ill (20) clat. of ~~' Of a
-..uIt judgmant N1.11t upon 10\1,
BV' ..
TORTS LmGATlON UNIT
OFFICI OF A1TOIIN1Y GiNERAL
'Ith Fl. Strawberry $qua...
IUrrIsburg. PA 17'20
;6.;-
I CMtlfr tI1.:I lllhln II
a IrUa and correct CDPr.
,
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
NORTH AMERICAN VAN LINES, INC.,
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT O~ TRANSPORTATION,
Defendants
NO. 1279 CIVIL 1994
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant,
Commonwealth of Pennsylvania, Department of Transportation, in the
above-captioned action.
By:
Res.~~ tfully submitted,
ERN T D. PREATE, JR.
Att rney neral
/ !
(! "-
ames R. Moyles ID#30135
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
oJ
.
.
-
"
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated belowl
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWSs
KARL R. HILDABRAND, ESQUIRE
METZGER, WICHERSHAM, KNAUSS
& ERB
P.O. BOX 93
HARRISBURG, PA 17108-0093
......--:
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ames R. Moyles IDt30135
Senior Deputy Attorney General
.
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Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
DATED: April 8, 1994
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DIANNA KAY SOUTH, Executrix of
the Estate of KEVIN TODD SOUTH,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. In9cIVIL 1994
v.
NORTH AMERICAN VAN LINES, INC.,
BRIAN FRANCIS MURPHY, and
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendants
CIVIL ACTION - LAW
PRAECIPE TO ISSUB WRIT or SUMMONS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly issue Writ of Summons in the above captioned action and
have it served upon the Defendants at the following addresses:
North American Van Lines, Inc.
C/O CT Corp. system
123 South Broad Street
Philadelphia, PA
Brian Francis Murphy
1804 South 30th Street
Fort Pierce, FL
Commonwealth of Pennsylvania
Department of Transportation
Commonwealth Avenue
Harrisburg, PA 17101
METZGER, WICKERSHAM, KNAUSS & ERB
BY ~~/~-<:__-?- t':::::::>
g;r- h'^~iidabrcfnd, Esquire \
Attorneys for Plaintiff
P. O. Box 93
Harrisburg, PA 17108-0093
(717) 238-8187
Date:
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To _~~~_.NwFj..f.<:!!U~.i!!LJ.JJ1~!?J-_1l)9-....-!;IJ:.l..qn Francis Murphy. CO'IIllOnwealthof PA. Dept of
Transporation
You are hereby notified that
. P.!~!l.!1..'!_!.<?Y.. _ ~_ ~I} !_~~~!I_~t:~ __l!~ _.!:.h~_ ~~);.i!.1;.~ _ 9i -'S~y_i"l! _:r.~c;!_?P..I!~t1J_ _~!'!_I!f!~_ - - - - - ----
.
Commonwealth of Pennsylvania
County of Cumberland
Dianna Kay South. Executrix of
the Estate of Kevin Todd South.
Deceased
Vs.
North American Van Lines, Inc.
c/o cr Corp. System
123 South Broad Street
Philadelphia, PA
Brian Francis Murphy
1804 South 30th Street
Fort Pierce, FL
Court uC Common Plena
:-io.
1279 Civil
-------------------------------------
19_!!.1_
In _~! Y!}._.PE !:J_l!'1_ :__ ~'!!_ - ---00 - - - ---00 -------
Commonwealth of Pennsylvania
Department of Transportation
Commonwealth Avenue
Harrisburg. PA 17101
the Plaintiff has commenced an action in __CiY.il..Actin.o_=_.LaWn___n_n__un____n_____u____
against you which you are rC'quired to deCend or a default judgment may be entered against you.
.
(SEAL)
Lawrence E. Welker
.------------------------------------------------
Prothonolllry
Date ___t:!~E.I}_J.'it:.L_n__________ 19_~_4..
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DIANNA KAY SOUTH, Individually
and as Natural Parent and
Guardian for DANIELLE SOUTH,
a minor child, and DIANNA KAY
SOUTH, Executrix of the Estate
of KEVIN TODD SOUTH, Deceased,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
BRIAN FRANCIS MURPHY and NORTH
AMERICAN VAN LINES, INC.,
Defendants
No. 94-1279 Civil Term
No. 92-2382 Civil Term
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Additional Defendants
JURY TRIAL DEMANDED
PROOF OF DEPOSIT OF FUNDS AWARDED TO A MINOR
Attached hereto is a copy of the statement opening the
account at Farmers Trust Company and a copy of the deposit slip
to account no. 12-08179 appropriately noted that no withdrawals
shall be made except by order of the Court prior to June 29,
2008.
Date: 1/ I>'tlq Lf
Respectfully submitted,
UFF & MASLAND
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
elllli.I..PA
By:
Edward E. Guido, Esquire
Supreme Ct. I.D. # 21206
26 West High Street
Carlisle, PA l70l3
(717) 243-6222
Attorney for Plaintiff
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DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
.
.
.
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Defendant
No. 1279 CIVIL 1994
.
.
PRAECIPE FOR DISCONTINUANCE
TO: Prothonotary, Court of Common Pleas of Cumberland County,
Pennsylvania:
Please mark the above-captioned action settled, discontinued
and ended with prejudice.
METZGER, WICKERSHAM, KNAUSS & ERB
By
f}cys.A--
Steven P. Miner, Esquire
Attorney I.D. No. 38901
Mellon Bank Building
111 Market Street
P.O. Box 93
Harrisburg, PA 17108-0093
(717) 238-8187
Attorney for Plaintiff
November It;;: 1994
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TORTS LITIGATION UNIT
OFFlG OF ATTORNEY GINPAL
15th Fl. StrawberrY Squa'"
~ Harri.burg, PA 17'20
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
plaintiff
CIVIL ACTION - LAW
v,
NORTH AMERICAN VAN LINES, INC.,
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendants NO. 94-1279 CIVIL TERM
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DIANA KAY SOUTH, Executrix IN THE COURT OF COMMON PLEAS OF
of the Estate of KEVIN TODD CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH, Deceased,
plaintiff
v,
CIVIL ACTION - LAW
BRIAN FRANCIS MURPHY and NORTH
AMERICAN VAN LINES, INC.,
Defendants
NO, 2382 CIVIL 1992
WITHDRAWAL OF APPEARANCE
Please withdraw my appearance on behalf of Defendant,
Commonwealth of Pennsylvania, Department of Transportation, in the
above-captioned matter.
ERNEST D, PREATE, JR.
Attorney General
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ES R. MOYLE
enior Deputy Attorney General
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ENTRY OF APPEARANCE
Please enter my appearance on behalf of Defendant,
Commonwealth of Pennsylvania, Department of Transportation, in the
above-captioned matter.
By:
ERNEST D. PREATE, JR.
Att?rney <General // .,'
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GERHARD SCHWAIBOLD
Deputy Attorney General
Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
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CERTIFICATE OP SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
STEVEN p, MINER, ESQUIRE
MELLON BANK BUILDING
111 MARKET STREET
P.O. BOX 93
HARRISBURG, PA 17108-0093
(Attorney for Plaintiff)
HARVEY FREEDENBERG, ESQUIRE
McNEES, WALLACE & NURICK
100 PINE STREET
P.O. BOX 1166
HARRISBURG, PA 17108-1166
(Attorney for Murphy &
North American Van Lines)
EDWARD E. GUIDO, ESQUIRE
SAIDIS, GUIDO, SHUFF &
MASLAND
26 WEST HIGH STREET
P.O, BOX 560
CARLISLE, PA 17013
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Gerhard Schwaibold ID#55379
Deputy Attorney General
By:
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
DATE: S'-~ - 9~
DIANNA K, SOUTH,
Individually and as natural
parent and guardian for
DANIELLE SOUTH, a minor
child,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v,
CIVIL ACTION, LAW
BRIAN FRANCIS MURPHY
and AMERICAN VAN
LINES, INC"
Defendants
v.
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COMMONWEALTH OF
PENNSYL V ANlA,
DEPARTMENT OF
TRANSPORTATION,
Additional Defendant
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NO, 92-2382 CIVIL TERM /
NO, 94-1279 CIVIL TERM
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ORDER OF COURT
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AND NOW, this 1.1" day of April, 1999, upon relation of counsel for petitioners that
petitioners are considering alternatives to the option presented in the Petition To Transfer and
Reinvest Funds from Minor's Estate, filed April 12, 1999, the matter is continued generally
until such time as counsel for petitioners advises the court of the manner in which the
petitioners wish to proceed,
BY THE COURT,
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Mark W. Allshouse, Esq,
26 West High Street
Carlisle, PA 17013
Attorney for Petitioners
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. DIANNA K. ,sc)tmt; individually
and as natural'lparent and
guardian for DANIBLLB SOUTH,
a minor child,
IN 'l'HB COURT OF COMMON PLBAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
No. 94-1279 Civil Term
No. 92-2382 Civil Term
Plaintiff
v.
Civil Action - Law
BRIAN FRANCIS MURPHY and
AMERICAN VAN LINES, INC"
Defendants
v,
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Additional Defendants
PETITION TO TRANSFER AND REINVEST FUNDS FROM MINOR'S ESTATE
TO THE HONORABLE JUDGE:
The Petitioner, Dianna K, South, Individually and as a
Natural Parent and Guardian and on behalf of Danie1le South, by
and through their attorneys,
Saidis,
Shuff & Masland,
respectfully represent the following:
1, Petitioner, Danielle E, South, is the minor child of
Petitioner Dianna K, South and Kevin Todd South, the latter of
whom is now deceased, and resides with her mother, Dianna K,
South at 2231 Hampden Boulevard, Apt, 16, Reading, Berks County,
Pennsylvania 19604,
SAlOIS.
SHUFF &
MASLAND
A~AT.L\W
26 W. lII&h S""I
Clrll.le, PA
2. Petitioner, Dianna K, South is the natural parent and
guardian of Petitioner Daniel1e E, South and the Executrix and
widow of Kevin Todd South,
3. As a result of the death of Kevin Todd South, the
Petitioner's husband and father respectively, the minor, Danie1le
E, South received $53,000.00 in settlement under a wrongful death
,