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8. The aforesaid accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiff, Amy Lebo, are
the direct and proximate result of the negligence, carelessness,
wanton, and reckless conduct in which Defendant, Charles Sparks
operated a motor vehicle as follows:
A. Failure to travel at a safe speed;
B. Failure to take reasonable evasive action to avoid
the accident;
C. Driving his vehicle without due regard for the
highway and traffic conditions which were existing
in which he should have been aware;
D. Failure to keep proper and adequate control over
his vehicle;
E. Driving his vehicle on the highway in a manner
endangering persons and property in a reckless
manner with reckless disregard for the rights and
safety of others in violation of the Motor Vehicle
Code of the Commonwealth of Pennsylvania;
F. Failing to maintain his vehicle within his proper
lane; and
G. In changing lanes without due regard to the traffic
in the other lanes, including Plaintiff.
9. As a result of the aforesaid accident, Plaintiff, Amy
Lebo, sustained painful and severe injuries, which include, but are
not limited to, nasal fracture, a basilar skull fracture,
lacerations, bruises, soreness, and other serious impairments of
bodily function.
10. By reason of the aforesaid injuries sustained by
Plaintiff, she was forced to incur liability for medical treatment,
medications, hospitalization, and other similar miscellaneous
expenses in an effort to restore herself to health, a claim for
which is made herein.
11. Because of her injuries, Plaintiff has been advised and
therefore avers that she made be forced to incur similar expenses
in the future, and a claim is made therefore.
12. As a result of the aforesaid injuries, Plaintiff has
undergone and in the future, will undergo great physical and mental
pain, suffering, great inconvenience in carrying out life's
pleasures, and the enjoyment of life, and claim is made therefore.
13. As a result of the aforesaid injuries, Plaintiff has been
and in the future will be subject to great humiliation and
embarrassment and claim is made therefore.
14. As a result of the aforesaid injuries, Plaintiff has
suffered scars and scarring which may be permanent in nature.
15. As a result of the aforesaid injuries, Plaintiff has
sustained work loss, loss of opportunity, and a permanent
diminution of her earning power and capacity and a claim is made
therefore.
16. As a result of the aforesaid injuries, Plaintiff has
sustained uncompensated work life and a claim is made therefore.
17. Plaintiff continues to be plagued with persistent pain
and limitations, and therefore avers that her injuries may be of a
permanent nature, causing residual problems for the remainder of
her lifetime, and a claim is made therefore.
3
18. As a result of the accident, Plaintiff was forced to
incur the expense of renting a replacement vehicle.
WHEREFORE, Plaintiff requests this Honorable Court to find
Defendant liable for the injuries and costs which she has suffered.
COUNT II
AMY LEBO v. WATKINS MOTOR LINE. INC.
19. Paragraphs 1 through 18 are incorporated herein and made
a part hereof as if set forth in full.
20 At all times in question, Charles Sparks was acting as
the agent, representative, and/or employee of Watkins Motor Line,
Inc., said company being vicariously liable for the negligent
conduct of its agent, representative, and/or employee.
21. Watkins Motor Line, lnc, is further liable to the extent
that it negligently hired and employed Defendant, Sparks, and/or
failed to properly supervise Dofendant, Sparks.
22. Based upon tho vicadous liability of Watkins Motor Line,
Inc. and its independont 1 I abi 1 t t '.' all Bot forth above, Plaintiff
has Buffered the injudoll and loullell Ilot forth in the paragraphs
above.
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SII~:IlJFF'S BU'Ulltl - U. S. CEHf1FI~D MAIL
CAS~ NO: 1397-00341 P
CUMMUNW~^LTH OF PENNSYLVANIA:
CUUNTY UF CUMBKRLAND
L~;BIJ AMY
VS.
SPARKS CHARLES ET AL
R. Thomas Kline " Sherif! or Deputy Sheriff of
CUMB~RLAND County. Pennsylvant~. who being duty sworn according to taw.
served the within n~med DEF~NI)ANT, SPARKS CHARl.~S
by United States Certified Mait postage prepaid. on the 22nd day of
January --' t')9'7. at t5"'''': ~I/l, HUlmS. at PO HUX T/87
CIJI.UMBIlS.. G^ :.Jt'J"'B
a true and attested copy 01 the att~ched COMPLAINT
Th~ returned roceipt card was signed by
on "'/01/l/0000.
Additional Comments:
BOX CLOSKD- NU ORDER PER PUST UVFIC~.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
certified mail r/
So an~s:
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113.00
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02/06/1997
Sworn and~subscribed$to before me
this ,,~ - day of ?/.tI........
19 '11_ A, D. J
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JOHN HAVAS, ESQUIRE
P., Supr.m.eourtI.D, No,l~'2
REYNOLDS & HAVAS
A Prof...lonol COfIlOIIlIon
101 Pine Stre.t
P,O, Box 932
Harrisburg, Ptnnsytv.nl. 17106-0932
Telephone:
FAA:
(717] 236-3200
(717] 238-6883
AIIorney for Dof.ndlnh::
Chartet Spark, Ind WItkin. Motor Untl, Inc.
AMY LEBO,
Plaintiff
v.
CHARLES SPARKS and
WATKINS MOTOR LINES, INC. ,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-344
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: AMY LEBO, PLAINTIFF
Douglas B. Marcello, Esquire, her attorney
THOMAS, THOMAS & HAFER
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108-0999
YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW
MATTER OF DEFENDANTS, CHARLES SPARKS and WATKINS MOTOR LINES,
INC., within twenty (20) days from service hereof, or a default
judgment may be entered against you.
Respectfully submitted,
REYNOLDS & HAVAS
A professional corporation
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JOHN HAVAS, ESQUIRE
PI, SUp'.mo Court I.D. No, 1~'2
REYNOLDS & HAVAS
A P,lJft"lonal Corporation
1 01 Pin. Street
P,O, BoxS32
Harrisburg, P.nn!!oylvlnla 17108-0932
T.lephone:
FAA:
(717] 238-3200
(717]2~
Allomey for Dtflndonll::
Chi"" Spom.nd W.lkln. Moto< L1n...loe,
AMY LEBO,
Plaintiff
v.
CHARLES SPARKS and
WATKINS MOTOR LINES, INC. ,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-344
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANTS,
CHARLES SPARKS and WATKINS MOTOR LINES. INC.
AND NOW, comes the Defendants, Charles Sparks and
Watkins Motor Lines, Inc., by and through their attorneys,
REYNOLDS & HAVAS, A professional corporation, and respectfully
avers as follows:
1. After reasonable investigation, Defendants,
Charles Sparks and Watkins Motor Lines, Inc. ("Defendants") are
without sufficient information and knowledge to form an opinion
as to the truth of the avennents contained in this paragraph of
Plaintiff's Complaint as to the plaintiff's present residence,
and for that reason proof thereof is demanded at or before trial,
and the averments are denied.
2. Admitted.
3. Admitted.
4. Admitted.
9. Denied. The corresponding allegation of
Plaintiff's Complaint represents a conclusion of law, which is
deemed to be denied by operation of law, and accordingly, no
response is required. By way of further answer, to the extent
that Plaintiff was injured as a result of the said accident, it
is denied that said injuries were caused by any negligence,
recklessness or wrongdoing the part of Defendants.
10. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of Plaintiff's Complaint and for that
reason proof thereof is demanded at or before trial, and the
averments are denied.
11. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of Plaintiff's Complaint and for that
reason proof thereof is demanded at or before trial, and the
averments are denied.
12. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of plaintiff's Complaint and for that
reason proof thereof is demanded at or before trial, and the
averments are denied.
13. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
3
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of Plaintiff's Complaint and for that
reason proof thereof is demanded at or before trial, and the
averments are denied.
14. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of Plaintiff's Complaint and for that
reason proof thereof is demanded at or before trial, and the
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averments are denied.
15. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of Plaintiff's complaint and for that
reason proof thereof is demanded at or before trial, and the
averments are denied.
16. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of Plaintiff's Complaint and for that
reason proof thereof is demanded at or before trial, and the
averments are denied.
17. Denied. To the extent that specific injuries are
alleged, Defendants are without sufficient information and
knowledge to form an opinion as to the truth of the averments
contained in this paragraph of Plaintiff's Complaint and for that
4
reason proof thereof is demanded at or before trial, and the
averments are denied.
18. Denied. Defendants are without sufficient
information and knowledge to form an opinion as to the truth of
the averments contained in this paragraph of Plaintiff's
Complaint and for that reason proof thereof is demanded at or
before trial, and the averments are denied.
WHEREFORE, Defendants, Charles Sparks and Watkins Motor
Lines, Inc., requests that this Honorable Court dismiss
Plaintiff's Complaint.
COUNT II
AMY LEBO v. WATKINS MOTOR LINES. INC.
19. Defendants incorporate each and every paragraph of
this Answer as though set forth herein at length.
20. Denied. The corresponding allegation of
Plaintiff's Complaint represents a conclusion of law, which is
deemed to be denied by operation of law, and accordingly, no
response is required.
21. Denied. The corresponding allegation of
Plaintiff's Complaint represents a conclusion of law, which is
deemed to be denied by operation of law, and accordingly, no
response is required.
22. Denied. The corresponding allegation of
Plaintiff's Complaint represents a conclusion of law, which is
deemed to be denied by operation of law, and accordingly, no
response is required.
5
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LL1TI:.U HETURN~U TO 5HI:.HI~V'S UF~ICE JULY 21, 19~7 WITH RI:.ASON CHI:.CKfD
NUT ['ll.1 VEI:ABLI:. AS ADDRESSeD UNALILE TO FOHWAkl'.
Sheriff's Costs:
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CCUTIVIED MAIL RI
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AMY LEBO
Plaintiff
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
NO. q7 - 31.f'f Ct~ ~
VS
CHARLES SPARKS and
WATKINS MOTOR LINE. INC.
.
.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
. . . I .
. . . . .
. .
. .
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. Y'ou 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.
Lawver Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle. PA 17013
(717) 240-6200
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TRUE COpy r=ROM RECORD
In T osllmony whereof, I here unlo set my hand
"nrJ the seal 01 said Co at Carlisle. Pa.
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AMY LEBO,
Plaintiff,
v.
I IN THB COURT OF COMMON PLEAS
I ctlMBERLAND COUNTY, PENNSYLVANIA
I
I NO.
I
I CIVXL ACTION - LAW
I
CHARLES SPARKS and
WATKINS MOTOR LINE, INC.,
.
.
Defendants.
JURY TRIAL DEMANDED
COMPLAINT
1. Amy Lebo is an adult individual residing at 1408 Bradley
Drive, Apt. 213L, Carlisle, Pennsylvania 17013.
2. Charles Sparks is an adult individual residing at P.O.
Box 7787, Columbus, Georgia 31908.
3. Watkins Motor Line, Inc. is a corporation with its place
of business at 1144 West Griffin Roa~, Lakeland, Florida 33805.
4. On September 3. 1995, Amy Lebo was operating a vehicle
northbound on Interstate 81.
5. At said time and place, her vehicle was struck by the
vehicle operated by Defendant, Charles Sparks.
6. At all times in question, Charles Sparks was acting as
the agent and/or employee of Watkins Motor Line, Inc.
COUNT I
AMY LEBO v. CHARLBS SPARKS
7 Paragraphs 1 through 6 are incorporated herein and made
a part hereof as if set forth in full.
B. The aforesaid accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiff, Amy Lebo. are
the direct and proximate result of the negligence, carelessness.
wanton, and reckless conduct in which Defendant, Charles Sparks
operated a motor vehicle as follows:
A. Failure to travel at a safe speed;
B. Failure to take reasonable evasive action to avoid
the accident;
C. Driving his vehicle without due regard for the
highway and traffic conditions which were existing
in which he should have been aware;
D. Failure to keep proper and adequate control over
his vehicle;
E. Driving his vehicle on the h~ghway in a manner
endangering persons and property in a reckless
manner with reckless disregard for the rights and
safety of others in violation of the Motor Vehicle
Code of the Commonwealth of Pennsylvania;
F. Failing to maintain his vehicle within his proper
lane; and
G. In changing lanes without due regard to the traffic
in the other lanes, including Plaintiff.
9. As a result of the aforesaid accident, Plaintiff, Amy
Lebo, sustained painful and severe injuries, which include, but are
not limited to, nasal fracture, a basilar skull fracture,
lacerations, bruises, soreness. and other serious impairments of
bodily function.
10. By reason of the aforesaid injuries sustained by
Plaintiff, she was forced to incur liability for medical treatment,
medications, hospitalization, and other similar miscellaneo~s
expenses in an effort ~o restore herself to health, a claim for
which is made herein.
11. Because of her injuries, Plaintiff has been advised and
therefore avers that she made be forced to incur similar expenses
in the future, and a claim is made therefore.
12. As a result of the aforesaid injuries, Plaintiff has
undergone and in the future, will undergo great physical and mental
pain, suffering, great inconvenience in carrying out life's
pleasures, and the enjoyment of life, and claim is made therefore.
13. As a result of the aforesaid injuries, Plaintiff has been
and in the future will be subject to great humiliation and
embarrassment and claim is made therefore.
14. As a result of the aforesaid injuries, Plaintiff has
suffered scars and scarring which may be permanent in nature.
15. As a result of the aforesaid injuries, Plaintiff has
sustained work loss, 103s of opportunity, and a permanent
diminution of her earning power and capacity and a claim is made
therefore.
16. As a result of the aforesaid injuries, Plaintiff has
sustained uncompensated work life and a claim is made therefore.
17. Plaintiff continues to be plagued with persistent pain
and limitations, and therefore avers that her injuries may be of a
permanent nature, causing residual problems for the remainder of
her lifetime, and a claim is made therefore.
3
18. As a result of the accident, Plaintiff was forced to
incur the expense of renting a replacement vehicle.
WHERE PORE , Plaintiff requests this Honorable Court to find
Defendant liable for the injuries and costs which she has suffered.
COUNT II
AMY LEBO v. WATKINS MOTOR LINE. INC.
19. Paragraphs 1 through 18 are incorporated herein and made
a part hereof as if set forth in full.
20 At all times in question, Charles Sparks was acting as
the agent, representative, and/or employee of Watkins Motor Line,
Inc., said company being vicariously liable, for the negligent
conduct of its agent, representative, and/or employee.
21. Watkins Motor Line, Inc. is further liable to the extent
that it negligently hired and employed Defendant, Sparks, and/or
failed to propsrly supervise Defendant, Sparks.
22. Based upon the vicarious liability of Watkins Motor Line,
Inc. and its independent liability as set forth above, Plaintiff
has suffered the injuries and losses set forth in the paragraphs
above.
4
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VERIPICATION
I, Amy Lebo, verify that the statements made in the foregoing
document, which are within the personal knowledge of the
undersigned, are true and correct, and as to the facts nased on the
information of others, the undersigned, after diligent inquiry,
believe them to be true. And further, this Verification is signed
on the recommendation of my attorneys, who advise me that the
allegations and language in this document are required legally to
raise issues for resolution at trial, by the Court, or by
continuing investigation and preparation for trial, I understand
that some of these allegations may prove inappropriate after
investigation and trial preparation are complete and I leave
determination of these matters to my attorneys on their advice.
I understand that all statements herein are made subject to
the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn
falsifications to autnoritles.
6
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
AMY LEBO,
CHARLES SPARKS and WATKINS
MOTOR LINES, INC.,
Defendants
CIVIL ACTION - LAW
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NO. 97-344
JURY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO NEW MATTER
23. Denied.
It is denied that at all time relevant,
Defendants acted in a reasonable and prudent way, free from any
negligence or recklessness. Plaintiff incorporates her Complaint
against Answering Defendant as if set forth in full.
24. Denied. It is denied that Plaintiff was contributorily
negligent. It is denied that she crossed into the lane of traffic
of Defendant's vehicle and/or caused the subject collision. It is
denied that Plaintiff failed to take appropriate evasive action to
avoid the subject collision. It is denied that any negligence of
Plaintiff constitutes more than 50% of the negligence on the part
of Defendant. Any and all negligence of Plaintiff is specifically
denied.
25. Denied. It is denied that plaintiff assumed the risk of
injuries that she suffered. It is denied that Plaintiff drove her
vehicle in an unsafe or unlawful manner.
WHEREFORE, Plaintiff request this Honorable Court dismiss
Defendant's New Matter,
THOMAS, THOMAS & HAFER
By:~ ..~~
Dou' s . Marcello, Esquire
305 North Front Street
Post Office Box 999
Harrisburg, PA 17108-0999
(717) 255-7238
Attorneys for Plaintiff