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HomeMy WebLinkAbout02-5885COMMONWE~ LTH OF PENNSYLVANIA COURT OF CO~MON PLEAS C'u_~r 1 ~"ld Cot.~ty JUDICIAL DISTRICT 09-3-03 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common P~eas afl appeal from the judgment rendered by the District Justice on the date and in the case mentioned below Robert Szramoski, Jr. (By ~E~ ~ ~ ~v ST^~ Z. C~ 2345 Grand Boulevard, Suite 80Q, Kansas City Kansas 64108 11/25/2002 Robert Szramoski, Jr.-~-~) vs. Kamphie Claiborne %~USA Truck c¥ ~¢ 0000280-02 LTl9 This block will be signed ONLY when this notation is required under Pa. R.C~'.JR N~ 1008B. This Notice of Appeal, when received by the District Justice. witl operate as a SUPERSEDEAS to the judgment for possession in this cas~ Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 ( 6 ) in action before D/strict Justice, ~e MUST FILE A COMPLAINT within twenty ( 20 ) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict ,Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal N~e of appelk~e(s) (Common Pleas ~ ) within twenty (20) days after service of rule or suffer entry of judgment al: n~n pros. RULE: To , appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date af service of this role upon you by personal service or by certified or regisl~ed mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: , 19 . COURT FILE TO BE FILED WITH PROTHONOTARY C®MMONWEALTH OF PENNS' VANiA COUNTY OF: CUMBERLANL 09 -3~03 SUSAN K. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 ROBERT SZRAMOSKI JR(BY ZED LANDERS) SUITE 800 2342 GRAND BOULEVARD KANSAS CITY, MO 64108 NOTICE (' JUDGMENT/TR;.,NSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FROBERT SZRAMOSKI JR(BY ZEr LANDERS~ SUITE 800 2342 GRAND BOULEVARD ~ANSAS CITY, MO 64108 _3 VS. DEFENDANT: NAME and ADDRESS FKAMPHIE CLAIRORNE - USA T~UCK, ET ~ C/O USA TRUCK 3200 INDUSTRIAL BLVD,800 FAN BUREN, AR 72956 Docket No.'. CV-0000280- 02 Date Filed: 10/16/02 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ]Judgment was entered against: (Name) FOR DEFEND~ in the amount of $ . O0 on: (Date of Judgment) 1 1/~ ~;/n~. Defendants are jointly and severally liable. Damages will be assessed on: I-'-~ This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ~ generally stayed. (Date & Time) Amount of Judgment $ . OO Judgment Costs $ o 0 O interest on Judgment $. .0(] Attorney Fees $ o 0(] Total $ .0{3 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total [~ Objection to levy has been filed and hearing will be held:. Date: Place: Time: '" ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A ~I)TICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS ~I'I~E OF JUDGMENT/~ANSC~°T FORM WITH YOUR NOTICE OF APPI!,LL //',,~.5-~,~. Date J ~, / ~ , District Justic[ I certify that this is a true ~d correct copy of the reco~d of th/proceedings containing the judgment. Date , Distriot Justic~ _i My commission expires first Monday of January, AOPC 315-99 2004 SEAL Ma~ M. Price, No~ ~bll¢ Carlisle ~ro, Cumberland My Co~iss~on ~.xcres Aug. ~--~ Postage 1::3 i--i Certified Fee Retur't Receipt Fee r'-i (Endorser.lent Required) Restricta :1 Delivery Fee r"l (Endorser,~ent Required) ru Total I~ stage & Fees ROBERT SZRAMOSKI, JR., Plaintiff Vo KAMPHIE CLAIBORNE and USA TRUCK, Defendants You have been sued in court. · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-05885 NOTICE 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. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A. Colliding with the lawfully parked truck. B. Failing to have the vehicle under control. C. Failing to properly observe the Plaintiff's truck in time to avoid a collision. 7. As a result of the negligence and carelessness of the Defendants, the Plaintiff's tractor sustained damage in the amount of $6,046.42. 8. As a result of the collision, the Plaintiff incurred seven days loss of use of the tractor, at approximately $250 a day, while it was undergoing repairs. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $7,796.42 plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. HANFT & KNIGHT, P.C. Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff VERIFICATION William A. Addams hereby verifies that he is the attorney for the Plaintiff, that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that the verification of the Plaintiff cannot be obtained within the time allowed by law for the filing of the pleading, and he understands that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsifications 1:o authorities. DATE: December 18, 2002 ROBERT SZRAMOSKI, JR., · Plaintiff · USA TRUCK, INC. and · KAMPHIE CLAIBORNE, · Defendants · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-05885 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Robert Szramoski, Jr., Plaintiff c/o William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carhsle, PA 17013 Attorney for Plaintiff NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Date: January 3, 2003 FARRELL & RICCI, P?C. Marc T. Levin, Esquire Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendants ROBERT SZRAMOSKI, JR., · Plaintiff · USA TRUCK, INC. and · KAMPHIE CLAIBORNE, · Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-05885 CIVIL ACTION .- LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW come Defendants, USA Truck, Inc. and Kamphie Claiborne, by and through their counsel, Farrell & Ricci, P.C. by Marc T. Levin, Esquire and reply to the Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation, answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the time of trial ff deemed material. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, answering Defendants are without information sufficient to admit or deny the truth or falsity of tlhe said averments and accordingly deny the same and demand strict proof thereof at 'the time of trial if deemed material. 5. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). By way of further answer, it is specifica]J.y and unequivocally denied that the averments contained in this paragraph are conclusions of law to which no affirmative responses are required. To the extent affirmatJ:ve responses may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. 6. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative responses are required. To the extent affirmative responses may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial, if deemed material. By way of further answer, it is specifically and unequivocally denied that the Defendants were negligent and careless as follows: a. It is specifically and unequivocally denied that answering Defendants were negligent and careless in colhding with the lawfully parked truck. To the contrary, at all times material hereto, answering Detbndants acted properly and appropriately with respect to the Plaintiff. b. It is specifically and unequivocally denied that answering Defendants were negligent and careless in failing to have the vehicle under control. To the contrary, at all times material hereto, answering De~ndants acted properly and appropriately with respect to the Plaintiff. c. It is specifically and unequivocally denied that' answering Defendants were negligent and careless in failing to properly observe the Plaintiffs truck in time to avoid a colhsion. To the contrary, at all times material hereto, answering Defendants acted properly and appropriately with respect to the Plaintiff. 7. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative responses are required. To the extent affirmative responses may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent this paragraph is an averment of Plaintiffs alleged damages, it is denied since, after reasonable investigation, answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and, accordingly, deny the same and demand strict proof thereof at the time of trial ff deemed material. 8. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative responses are required. To the extent affirmative responses may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent this paragraph is an averment of Plaintiffs alleged damages, it is denied since, after reasonable investigation, answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and, accordingly, deny the same and demand strict proof thereof at the time of trial if deemed material. WHEREFORE, answering Defendants respectfully request that judgment be entered in theft favor and against the Plaintiff and that answering Defendants be awarded appropriate costs and fees. .,NEW MATTER 9. Answering Defendants hereby incorporate by reference their responses to Paragraphs 1 through 8 of the Plaintiffs Complaint as ff more fully set forth herein at length. 10. Plaintiff has failed to state a cause of action upon which relief can be granted against Defendants. 11. Plaintiffs claims are barred and/or hmited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 3 12. Plaintiffs harm ff any, was caused or contributed to directly, proximately and/or substantially by the careless, negligent and or reckless conduct of the Plaintiff and/or its employees, agents or servants, and therefore Plaintiffs claims are barred in whole or in part by the Pennsylvania Comparative Negligence Act. 13. The aforesaid careless, negligent or reckless conduct of Plaintiff and/or its employee, agents or servants consisted of the following: a. Failing to operate its motor vehicle under control and in a safe and proper manner. b. Fating to keep a careful and diligent watch on the roadway. c. Operating the vehicle in a careless and reckless disregard for the rights and safety of others. d. Failing to keep a proper lookout for other vehicles. e. Failing to maintain an assured clear distance between his vehicle and the vehicles traveling in front of its vehicle. f. Failing to operate its vehicle at a speed which was reasonable and prudent given the prevailing conditions and potential[ hazards. g. Operating its vehicle in violation of 75 Pa.C.S.A. §3361. h. Operating its vehicle in violation of 75 Pa.C.S.A. §3310. 14. Plaintiff has failed to mitigate its damages. 15. At all times material hereto, answering Defendant, Kamphie Claiborne, operated USA Truck, Inc.'s vehicle in a safe appropriate manner and in conformity with the laws regarding the operation of a motor vehicle. 16. Plaintiffs claims are barred by the applicable statute of limitations. WHEREFORE, answering Defendants respectfully request that judgment be entered in their favor and against the Plaintiff and that answering Defendants be awarded appropriate costs and fees. Respectfully submitted, FARRELL & RICCI, P.C. Date: January 3, 2003 Marc T. Levin, Esquire Attorney I.D. #70294 4423 North Front Street Harrisburg, PA 117110 Counsel for Defendants VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) DATE: Marc T. Levin, Esquire states that he is the attorney' for the party filing the foregoing Answer with New Matter of Defendants to Plaintiffs Complaint; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. January 3, 2003 r~,/~X~~~ Ma c T. Levin, Esqurre CERTIFICATE OF SERVICE AND NOW, this 3rd day of January, 2003, I, Marc T. Levin, Esquire, hereby certify that I served a true and correct copy of the foregoing Defendants'Answer With New Matter to Plaintiff's Complaint, upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Attorney for Plaintiff ROBERT SZRAMOSKI, JR., Plaintiff KAMPHIE CLAIBORNE and USA TRUCK, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 02-05885 ; : .REPLY AND NOW, comes the Plaintiff, Robert Szramoski, Jr, by his attorney, William A. Addams ofHanfi & Knight, P.C., and files the following Reply to the Del~ndants' Answer with New Matter: 9. Admitted. 10. The conclusion of law is denied. 11. The conclusion of law is denied· 12. The conclusion of law is denied. 13. Denied in accordance with Pa. R.C.P. 1029(e). 14. The conclusion of law is denied. 15. The conclusion of law is denied. 16. The conclusion of law is denied· WHEREFORE, the Plaintiff requests the New Matter be dismissed. HANFT & KNIGHT, P.C. William A. Addams Attorney I.D. No. 06265 Gregory H. Knight Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 2003, I, Mary M. Price, an employee of Hanfi & Knight, P.C., hereby certify that I have served a copy of the Plaintiff's Reply to Defendants' Answer with New Matter by mailing the same by United States mail, postage prepaid, to: Marc T. Levin, Esquire FARRELL & R/CCI, P.C. 4423 North Front Street Harrisburg, PA 17110