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Home My WebLink About02-4416SCOTT E. L1NEBERRY and JEANINE LUDWIG-LINEBERRY, individually and as Parents and Natural Guardians of ELIZABETH LINEBERRY, a minor, Plaintiffs MBP MANAGEMENT SERVICES, INC. and BRIAN J. BARRETT, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002- CIVIL TERM JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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 wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCOTT E. L1NEBERRY and JEAN1NE LUDWIG-LINEBERRy, individually and as Parents and Natural Gu .ardians of ELIZABETH LINEBERRY, a rumor, Plaintiffs MBP MANAGEMENT SERVICES, INC. and BRIAN J. BARRETT, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 2002- CIVIL TERM : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Scott E. Lineberry and Jeanine Ludwig-Lineberry, by their attorney, William A. Addams, of Hanft & Knight, P.C., amd make the following Complaint: 1. The Plaintiffs are Scott E. Lineberry and Jeanine Ludwig-Lineberry, adult individuals who are husband and wife, residing at 3822 Tarpley Drive, York, Pennsylvania. 2. Plaintiffs are the parents and natural guardians of their daughter, Elizabeth Lineberry, born March 6, 1999. 3. Defendant MBP Management Services, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its offices and principal place of business at 401 North State Street, Clarks Summit, Lackawanna County, Pennsylvania. 4. Defendant Brian J. Barrett is an adult individual residing at 214 Shiney Mt. Road, Greentown, Pike County, Pennsylvania. 5. On August 17, 2001 at about 11:45 a.m. Plaintiff Scott E. Lineberry was driving his 1996 Chevrolet pick up North on 1-83 in the Borough of Camp Hill, Cumberland County, Pennsylvania in the inside lane of traffic approaching the split at the intersection with Route 58 I. 6. At said time and place, Defendant Brian J. Barrett was driving a tractor and trailer owned by Defendant MBP Management Services, Inc., and negligently collided with the rear of the Lineberry vehicle causing the damages hereinafter set forth. 7. At all times relevant, Defendant Barrett was operating the vehicle as the agent, servant and employee of the Defendant MBP Management Services, Inc. and was in the scope of his employment. 8. Defendant Barrett and Defendant MBP Management Services, Inc., through the conduct of its agent, servant and employee, were negligent and careless in: B. C. D. E. Traveling too fast for conditions. Colliding with the rear of the Plaintiffs' vehicle. Following too closely. Failing to have the vehicle under control. Failing to observe Plaintiffs' vehicle in time to avoid a collision. C_OUNT ! _SCOTT E. LINEBERRY v. DEFENDANTS 9. The allegations of Paragraphs I-8 are incorporated herein by reference. 10. As the result of the negligence and carelessness of the Defendants, Plaintiff Scott E. Lineberry sustained a severe blow to the back of his head which required his being airlifted to the Hershey Medical Center and admitted with a diagnosis of a closed head injury. 11. As a result of his injuries, the Plaintiff incurred medical expense and loss of earnings. 12. As a result of the negligence and carelessness of the Defendants, Plaintiff experienced pain and suffering, and loss of life's pleasures. 13. As a result of the injuries to his wife, Plaintiff sustained a loss of consortium. WHEREFORE, Plaintiff demands judgment against the Defendants for an amount in excess of $25,000 plus interest and costs of suit. COUNT II JEANINE LUDWIG-LINEBERRY v. DEFENDAN'I S 14. Paragraphs 1-8 are incorporated herein by reference. 15. As the result of the negligence and careless of the Defendants, Plaintiff Jeanine Ludwig-Lineberry sustained a loss of consciousness, blurry vision, headaches and nausea, and sprain and strain injuries to her spine and right shoulder. She was transported by ambulance to the Hershey Medical Center where she was treated in the emergency room. Treatment for her injuries is continuing. 16. As a result of her injuries, the Plaintiff incurred medical expense and will have additional expenses in the future. 17. As a result of the negligence and carelessness of the Defendants, the Plaintiff experienced pain and suffering, and loss of life's pleasures which will continue in the future. 18. As a result of the injuries sustained to her husband, the Plaintiff sustained a loss of consortium. WHEREFORE, Plaintiff demands judgment against the Defendants for an amount in excess of $25,000 plus interest and costs of suit. 19. _COUNT Ill ELIZABETH L1NEBERi~Y, a minor, by SC____OTT E. LINEBERRY and JEANINE LUDWIG-L1NEBERRY~ h.~er Parents and Natural Guardians v. DEFENDAN'D; Paragraphs 1-8 are incorporated herein by reference. 20. As the result of the negligence and carelessness of the Defendants, Elizabeth Lineberry was transported by ambulance to the Hershey Medical Center where she was treated in the emergency room. 21. Plaintiffs incurred medical expense as the result of the treatment. WHEREFORE, Plaintiffs demand judgment against the Defendants for an amount not in excess of $25,000 plus interest and costs of suit. HANFT & KNIGHT, P.C. m A Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff VERIFICATION Scott E. Lineberry and Jeanine Ludwig-Lineberry hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief, and m~derstand that fane statem~,,~'o h,,,.~ ......,~ ~ ~: ~. ....................... ~,,,~c ou~jecr to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. Sco~ E. Lineberry SCOTT E. LINEBERRY and JEANINE LUDWIG-LINEBERRY, individually and as Parents and Natural Guardians of ELIZABETH LINEBERRY, a minor, Plaintiffs Vo MBP MANAGEMENT SERVICES, INC. and BRIAN J. BARRETT, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4416 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE Sir: Please reinstate the Complaint. HANFT & KNIGHT, P.C. Wdham A~. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff To: Curtis R. Long, Prothonotary Date: October 4, 2002 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04416 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINEBERRY SCOTT E ET AL VS MBP MANAGEMENT SERVICE INC ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BARRETT BRIAN J but was unable to locate Him deputized the sheriff of PIKE serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On December 19th , 2002 , this office was in receipt of the attached return from PIKE Sheriff,s Costs: Docketing 6.00 Out of County 9.00 Surcharge 10o00 Dep Pike County 44.40 .00 69.40 12/19/2002 WILLIA~ ADDAMS R. ~Thoma~ Kl'i~ne Sheriff of Cumberland County Sworn and subscribed to before me this ~'7 -~ day of ~z~j~ A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04416 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINEBERRY SCOTT E ET AL VS MBP MANAGEMENT SERVICE INC ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MBP MANAGEMENT SERVICES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 19th , 2002 , this office was in receipt of the attached return from LACKAWANNA Sheriff.s Costs: Docketing Out of County Surcharge Dep Lackawanna Co Notary 18.00 9.00 10.00 26.50 2.00 65.50 12/ 9/2002 WILLAIM ADDAMS Sworn and subscribed to before me this 2 ~ day of ~~_~ _ ~ A.D. Prothonotar~ ' Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04416 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND LINEBERRY SCOTT E ET AL VS MBP MANAGEMENT SERVICE INC ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MBP MANAGEMENT SERVICES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of WYOMING County, Pennsylvania, to serve the within COMPLAINT & NOTICE On Decembe__~r 19t_____h , 2002 , this office was in receipt of the attached return from WYOMING Sheriff,s Costs: Docketing Out of County Surcharge Dep Wyoming Co 18.00 9.00 10.00 49.67 .00 86.67 2/ /2002 WILLIAM ADDAMS Sworn and subscribed to before me this ~ day of ~c ~-~ A.D. Prothonot~~ Sheriff of Cumberland County SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00573 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF LACKAWANNA LINEBERRY SCOTT E. ET AL VS MBP MANAGEMENT SERVICES INC. I hereby certify and return that after diligent search and inquiry, I have been unable to locate the within named defendant(s), MBP MANAGEMENT SERVICES,INC. , within the limits of Lackawanna County and State of Pennsylvania, nor to ascertain Them present whereabouts, and I do therefore return the within NOTICE AND COMPLAINT "NOT FOUND,, as to the said MBP MANAGEMENT SERVICES,INC. NOT FOUND 10/3/02 401 N.STATE ST.CLARKS SUMMIT MOVED Sheriff,s Costs: Docketing 26.50 Service .00 Affidavit .00 Surcharge .00 .00 26.50 2.00 NOTARY PAID 00/00/0000 Sworn and SU~ore me this . Notary 7 So answers: John Szymanski, Sheriff ROBERT HINES Deputy In The Court of Common Pleas of Cumberland County, Pennsylvania Scott E. Lindberry et al MBP Management Services, inc. et al SERVE: MBP Management Services, Inc. No. 02 44~6 civil Now, _September 18, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of LaCkawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, within Affidavit of Service .,20 ,at o'clock M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this _ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA ~)o~: 570-836-3200 e~ 265 l ~ot[r~ou~t ~u~t, ~u~, ~a. 18657 ~: 570-836-3078 Date Received ~F 17 October 2002 SERVICE, PROCESS RECEIPT AND AFFID ~Pro~ed "~INTIFF(S): J COURT NUMBER: ~ Scott ~, ~RR~ et a~ DEFENDANT(S): SE MBP Management Services, Inc. d/b/a Perry Trucking dividual, Company, Corp. etc. RVE~ MBP Management Services Inc. d/b/A Perry Trucking ADDRESS: ~ RR1-Bx. 108, Nicholson, Pa. 18446 REMARKS: Perry ?ruckin9 has filed for bankruptcy and is no longer in ~gh Nicholson Twp. operation at above location or anywhere in this county. You can contact the atty for Perry Trucking at 570-586-1397. [] See Attached Re rt ontinu d ............. ,~ ,L OOtll3Oecl on Reverse Skie NOW on I, RICHARD D. MONTROSS, Shedff of VVyoming County, Pa., do hereby deputize the Shedff of County to execute this VVrit and make return thereof according to law. This deputation being made at the request and dsk of the plaintiff. SIGNATURE OF WYOMING COUNTY SHERIFF: I acknowledge receipt of ~ ~ the walt as indicated above. I hereby Certify and Return that I, [] have personally served, [] have served person in charge, [] have Posted Property [] have legal evidence of service as shown in "Remarks". IXlhave Not Found as shown in "Remarks" and Title SERVED Not Served - See Remarks LOCATION Complete only if different than address above OF SERVICE SERV DATE MILES DATE ATTE~ 21 Oct 30 25 Oct Date of Service Time Township or Borough MILES DATE DATE 30 DATE MILES 75.00 n/a 9.00 21.60 10.07 AFFIRMED and subscribed before me this 28th day of October ~ 20 02 gnature of Prothonotary or Oe]Suty ' n/a 4.00 5.00 49.67 SOANSVVER:(ShedfforDeputyShefi~(pfintor~ Name) Robert p. REIMILLER - Deputy Sheriff Shedff 25.33 DATE 28 Oct 02 DATE 28 Oct 02 In The Court of Common PleaS of Cumberland County, Pennsylvania Scott E. Lineberry VS. MBP Management Services, Inc SERVE: same 02 4416 civil No. ~N'OW,-. October 14, 2002 , I, SHERIFF OF CIRV[BERLAND COUNTY, PA, do hereby deputize the Sheriffof wyamin9 County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA }x/OW, within Affidavit of Service ,20 ,at o'clock ~ M. served the upon at by handing to and made known to copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this ~ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF'S OFFICE PIKE COUNTY, PENNSYLVANIA 500 BROAD STREET, MILFORD, PENNSYLVANIA 18337 · (570) 296-6459 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS on the reverse of the last (No. PROCESS RECEIPT, and AFFIDAVIT OF RETURN 5) copy of this form. Please type or print legibly. Do not detach any copies. 1. PLAINTIFF/S/ SCOTT T,TNEBE~-~Ry ]~T ~ 12'COURTNUMBER 3. DEFENDANT/S/ .~ 4416-02 COt,~ CO 14. TYPE OF WRIT OR C~ BRIAN J BARRETT ET AL J COMPLAINT SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED ATTACHED OR SOLD BRIAN J BARRETT , 6. ADDRESS (Street or RED, Apartment No., City, Boro, Twp., State and ZIP Code) AT 214 SHI~ MT RD, GREENTOWN, PA 7. INDICATE UNUSUAL SERVICE: E~ PERSONAL E] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER Now, __ 20 ~, I, SHERIFF OF PIKE COUNTY, PA., do hereby deputize the Sheriff of ~ - - ~ County to execute this Writ and make return thereof according to Paw. This deputation being made at the request and risk of the plaintiff. 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHE~ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR -[ 10. TELEPHONE NUMBER 12' Advance C°sts 1 : I ~'~~osts ~ ~~ _ SPACE B~ 13, I acknow,edge receipt of th ........ ; r, and Title ~uu ~u uepu[y or Clerk and Tit e O~[hg date or complaint as indicated able. ~ ~~ ~ 14. Da 16.1 hereby CE~ FY and RETURN that I ~ have personall serve writ or complaint descr bed on the individual com~nvy ..... ~,.~ hav~ legal ewdence of service as shown in "R mserted below by handling a ~UE aah ~e~-~.~u~a,,~n, em. at the address shown -~ ......... e~, ~ have executed as ~P~m Re~ark~"~ .......... ~ thereof. - ...... ~. ~.e ~no~weuaL company, corporation, 17. [] I hereby certify and return a NOT FOUND ' -- ~ ~ because I am unable to locate the n ' ' , , · 18. Name and title of mdivi~wn a~,,=~-'~--~ d~v a! company corporahon, etc., named above. (See remarks belo crc, Twp, State and Zip Code) 121. Date of Ser'~ 22. Time 23. AT~MpTS ~//~"/"/~ /~z ~ p. ,.t. 24. ~ ATTEMPTS i NOTARIA! ~EA~ t ALISON L WILLIS NOTAFr~ ~JB~_t£ { MILFORD PIKE COUNT~ t MY COMMISION EXPIRE$ FE~ ~ ;~X~; AFFIRMED and subscr b :u and¢7~rib, e.d to before me this _._.~L~ dayo . 02- r'~-~l.~i~l~y / N o t a r y Public MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE SO ANSWER. SHERIFF OF PIKE COUNTY Date OF AUTHORIZED ISSUING AUTHQRITY AND TITLE. I39. Date Received PROTHONOTARY In The Court of Common Pleas of Cumberland County, Pennsylvania Scott E. Lindberry et al VS. MBP Management Services, inc. et al SERVE: Brian J. Barrett No. 02 4416 civil Now, _September lS, 2002 , I, SHERIFF OF CI/MBERLAND COUNTY, PA, do hereby deputize the Sheriff of Pike CountY to execute this Writ, this deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County, PA Affidavit of Service Now, ,20_ , at o'clock M. served the within I/pon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this ~ day of ,20 Sheriff of COSTS SERVICE MILEA GE AFFIDAVIT County, PA F:\User Folder~irm Docs~WAAL2390. l~raecipe.wpd SCOTT E. LINEBERRY and JEANINE LUDWIG-LINEBERRY, individually and as Parents and Natural Guardians of ELIZABETH LINEBERRY, a minor, Plaintiffs Vo MBP MANAGEMENT SERVICES, INC. and BRIAN J. BARRETT, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-4416 CIVIL TERM · JURY TRIAL DEMANDED PRAECIPE Sir: Please mark this action settled and discontinued. HANFT & KNIGttT, P.C. William A. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff To: Date: Curtis R. Long, Prothonotary March 3, 2003