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Home My WebLink About01-5713GORDON & WEINBERG, P.C BY: FREDERIC 1. WEINBERG, ESQUIRE IDENTiFICATION NO.: 41360 BY: PAUL M. SCHOFIELD, JR., ESQUIRE IDENTiFICATION NO.: 81894 21 SOUTH 21 STREET PHILADELPHIA, PA 19103 (215) 988-9600 Evelyn L. Thomas 2217 N. Woodland Street Amarillo, TX 79107 and Itt Hartford Individually and as Subrogee on behalf Evelyn L. Thomas Plaintiffs VS. Shaffer Trucking, Inc., 49 E Main Street, New Kingstown, PA 17072 ATTORNEYS FOR PLAiNTIFF FILE NO.: 2003977 THIS IS AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION NO.: 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 filling 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. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE Court ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE,4TH FLOOR 1 COURTHOUSE SQUARE CARLISLE ,PA 17013-3387 717-240-6200 GORDON & WE1NBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE IDENTIFICATION NO.: 41360 BY: PAUL M. SCHOFIELD, JR., ESQUIRE IDENTIFICATION NO.: 81894 21 SOUTH 21 STREET PHILADELPHIA, PA 19103 (215) 988-9600 Evelyn L. Thomas 2217 N. Woodland Street Amarillo, TX 79107 and Itt Hartford Individually and as Subrogee on behalf Evelyn L. Thomas Plaintiffs VS. Shaffer Trucking, Inc., 49 E Main Street, New Kingstown, PA 17072 ATTORNEYS FOR PLAINTIFF FILE NO.: 2003977 THIS IS AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION COMPLAINT IN CIVIL ACTION Evelyn L. Thomas, (the "Plaintiff"), is an adult individual residing at the address above captioned. Plaintiff, Itt Hartford, ("Itt Hartford") is a corporation duly authorized to conduct business within the Commonwealth of Pennsylvania, and is Subrogated to the rights of the Plaintiff arising out of the within claim. Shaffer Trucking, Inc., (the "Defendant"), is an adult individual living at the above captioned address. On or about January 16, 2000, the Plaintiff did own and possess a certain motor vehicle, involved in the accident hereinafter referred to. On or about January 16, 2000, the Defendant did operate and control a certain motor vehicle, involved in the accident hereinafter referred to. o On or about January 16, 2000, the motor vehicle of the Plaintiff was traveling on Westbound on 1-40, Amarillo, Texas On the date aforesaid, the motor vehicle of the Defendant was traveling Westbound on 1-40 in Amarillo, Texas. The Defendant's car then collided with the Plaintiff's motor vehicle, striking the left door of the Plaintiff's vehicle. The vehicle of the Defendant was being operated in such a negligent, careless, reckless and wanton manner that it came into violent contact with the Plaintiff's vehicle causing property damage to Plaintiff's motor vehicle. At the time and place aforesaid, the negligence, carelessness, recklessness and wantonness of the Defendant consisted of the following: a. operating said vehicle at a high and excessive rate of speed under the cimumstances; b. failing to give proper and sufficient warning of the approach of said vehicle; c. failing to have said vehicle under proper and adequate control at the time; d. operating said motor vehicle without due regard for the rights, safety and position of the Plaintiff herein at the point aforesaid; e. failing to sound a horn or other signaling device as to give warning to the Plaintiff; f. violating the rules and regulations of the road, ordinances and statutes of the Commonwealth of Pennsylvania; g. operating said vehicle without observing and heeding the road and traffic conditions then and there existing; h. Other acts of negligence, carelessness, recklessness, and/or wantonness which may be ascertained from information obtained during the course of discovery and/or trial of this matter; i. being otherwise careless, reckless, negligent and wanton. 10. As a result of the Defendant's negligent, careless, reckless and wanton operation of the motor vehicle, the Plaintiff's motor vehicle sustained damages in the amount of $7,327.73. True and correct copies of the payment history from ITT Hartford are attached hereto and incorporated herein as Exhibit "A". 11. At all times material hereto the Plaintiff was insured by plaintiff, Itt Hartford. 12. As a further result of the Defendants' negligence, Itt Hartford, has made compensation for said property loss to the Plaintiff. 13. Plaintiff, ITT Hartford, Individually and as Subrogee on behalf of the Plaintiff, has paid money to the Plaintiff for property damage in the amount of $7327.73 which Plaintiff demands remuneration from the Defendant. WItEREFORE, Plaintiffs, Evelyn L. Thomas, and Itt Hartford, Individually and as Subrogee on behalf of Evelyn L. Thomas, claim damages from the Defendant, in the amount of $7,327.73 and/or any other damages this Honorable Court deems just and proper, including attorney's fees and costs from the Defendant, not in excess of $50,000.00 for arbitration purposes only. GORDON & WEINBERG, P.C. BYj: ~ M,~el~ofield, Esquire //,,~ttorn'' '- rey fo Plaintiff VERIFICATION PAUL M. SCHOFIELD, hereby states that he is the attorney for the Plaintiff in this action and that he is authorized to make this verification, and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. PAUI~ SCHOFIELD, ESQU DATE: September 14, 20/0J:~ EXHIBIT & N YOUR OPINION, Oil T~II ACCIDENT flEROLT IN AT LEAST SSOO.O0 DAMAGE 10 ANY ONE PERSON'S I~Ot?.~iit '" ~ 0 NO HI, I 16 mE I IHAI~ A ~ CONIW N~N? O YH Received 01-25-2000 14:46 From-H0-849-9450 flZ4 To-CAPITOL CASUALTY Page 002 · ~cmnfl' wM ou'r~ my tams. INDICATE m &'TkNC~ ~m .ii#BT 1S:49:49 RRS #:4GGL ~' 55G0 ~d~:CRYST~L Claimt ~F' ~8041 P~GB:804 &T.3 (F.~ IlJ I ,'glS) MAiL TO: ,~CCIOE~T IIECOB~, TEX~ OEFAPlTMBIT 01: FUIUC S~c~Iy. PO g0~ 4067, NJ. ST,III TX 71778-0401 IN YOUR OPINION. DiD 1H1S ACCIOENT RESULT IN AT LEA~T $5~O. 00 DAMAGE TO .'~NY ONE PERSON'S ImOi~.,eV~ n YES O NO Received 01-25-2000 14:46 From-770-849-6450 #24 To-CAPITOL CASUALTY Page 004 BBS #~4~61 ? ~55~0 ~dj:C~YST~L Clai~ ~F ~084! P~G~:BB3 Received 01-25-2000 14:46 From-770-849-6450 1124 To-CAPITOL CASUALTY Page 003 Received 0t-25-2000 14:46 From-770~849-9450 #24 To-CAPITOL CASUALTY Page 005 ImageMate MEFF#: Slide 1: 1.JPG 407 ~roperty Damage Appraisers ClaimS: 0010110 Name: , ~vELYN THOMAS Slide 2: 2.JPG Page: 2 Slide 3: 3.JPG Slide 4: 4.JPG MARTSON DEARDORFF WILLIAMS ~l' OTTO CAKLISLE, PENNSYLVANIA 17013 EVELYN L. THOMAS and ITT HARTFORD, Individually and as, Subrogee on behalf of EVELYN THOMAS, Plaintiffs SHAFFER TRUCKING, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5713 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED DEFENDANT~ SItAFFER TRUCKING INC.'S ANSWER WITH NEW MATTER TO: EVELYN L. THOMAS and ITT HARTFORD, Individually and as Subrogee on behalf of EVELYN L. THOMAS, and their attorney, PAUL M. SCHOFIELD, JR., ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-13. Denied pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure. Proof thereof is demanded. WHEREFORE, Defendant, demands judgement in its favor against Plaintiffs. NEW MATTER 14. Prior to the accident referred to in Plaintiffs' Complaint, Plaintiff was proceeding in the right-hand lane towards a construction zone where the three lanes of traffic were narrowing down to two lanes. 15. Plaintiffs failed to observe or react to this situation where there lane of traffic was merging into the left-lane on which the Shaffer track was traveling. 16. Based on the above, Plaintiffs were negligent and caused the accident referred to and Plaintiffs' Complaint. WHEREFORE, Defendant demands judgement in its favor against Plaintiffs. MARTSON DEARDORFF WILLIAMS & OTTO Daniel K. Deardor~f, Esquire ~ I.D. Number 17837 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: October 12, 2001 VERIFICATIOH Daniel K. Deardorff, Esquire, of the fin~ of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Shaffer Trucking, Inc., in the within action, certifies that the statements made in the foregoing Defendant, Shaffer Trucking, Inc's Answer with New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel K. Deardorff ~t/ly CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant, Shaffer Tracking, Inc's Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul M. Schofield, Jr., Esquire GORDON & WEINBERG, P.C. 21 South 21st Street Philadelphia, PA 19103 MARTSON DEARDORFF WILLIAMS & OTTO y i~j. ~h<~ B Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 12, 2001 SHERIFF' S RETURN - CASE NO: 2001-05713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMAS EVELYN L VS SHAFFER TRUCKING INC REGULAR SHANNON SUNDAY , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE was served upon SHAFFER TRUCKING INC Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFENDANT , at 1547:00 HOURS, on the 4th day of October , 2001 at 49 E MAIN STREET NEW KINGSTOWN, PA 17072 MARK BREITHAUPT by handing to CHIEF FINANCIAL OFFICER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this /$ ~- day of A.D. / / Prothonotary So Answers: R. Thomas Kllne 10/05/2001 GORDON & WEINBERG By: Deputy Sheriff