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HomeMy WebLinkAbout03-0493SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.3 CIVIL ACTION - LAW 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 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 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda, usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 2 5HOLLENBERGER &JANUZZZ LLP 1820 L/NGL£STOV~N ROAD · ~0. BOX 60545 · HARRISBURG, PA 17106-0545 (7/7) 23~$ 3700 · FAX(7~7) 23482/2 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs Mo FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Keri Moore and Jerry Moore, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. Plaintiff, Keri Moore, is an adult individual who currently resides at 1826 Signal Hill Drive, Mechanicsburg, PA, Cumberland County, Pennsylvania. 2. Plaintiff, Jerry Moore, is an adult individual who currently resides at 1826 Signal Hill Drive, Mechanicsburg, PA, Cumberland County, Pennsylvania. 3. Plaintiffs, Keri Moore and Jerry Moore, are husband and wife, having been married on April 21, 1979. 4. Defendant, Frederick Henry Harren, is an adult individual whose last known address is R.D. #2, Box 130, Landisburg, Pennsylvania. 5. Defendant, Samuel E. Manley, is an adult individual whose last known address is 222 Creek Road, Newville, Pennsylvania Cumberland County, Pennsylvania. 6. Defendant, Samuel E. Manley Trucking, (hereinafter referred to as "Manley Trucking") is a Pennsylvania business located at P.O. Box 1382, Carlisle, Pennsylvania Cumberland County, Pennsylvania. 7. The facts and circumstances hereinafter set forth took place on June 21,2001, at or about 3:00 p.m. on State Route 581 at segment marker 6.0. 8. At the aforesaid time and place, Plaintiff, Keri Moore, was the operator of a 2000 Pontiac Bonneville. 9. At the aforesaid time and place, Defendant, Frederick Henry Harren, was the operator of a 1998 Western-Star Tri-axle truck. 10. At the aforesaid time and place, Defendant, Frederick Henry Harren, was acting as the agent, servant and/or employee of Defendant Samuel Manley and Defendant, Manley Trucking and was operating the aforesaid 1998 Western-Star Tri-axle truck within the course and scope of the agency and/or employment relationship with Defendant, Manley Trucking. 11. Plaintiff Keri Moore was operating the 2000 Pontiac Bonneville in the left hand westbound lane of State Route 581. 12. Defendant Harren was operating the 1998 Western-Star Tri-Axle truck also in the left hand westbound lane of State Route 581 but to the rear of the Bonneville being operated by the Plaintiff Keri Moore. 13. Plaintiff noticed that vehicles traveling ahead of in the right hand westbound lane of Route 581 were involved in a collision. In response, she lightly applied her brakes as a warning to vehicles behind her. At that point the trailer of one of the vehicles involved in the collision in front of her shifted into the left hand westbound lane, forcing the Plaintiff to abruptly apply her brakes. 14. After the Plaintiff Keri Moore applied the brakes the second time, Defendant, Frederick Henry Harren, was unable to stop his vehicle in time and rear ended the vehicle being operated by the Plaintiff Keri Moore. 15. As a result of the aforesaid collision, Plaintiff, Keri Moore, has suffered serious and permanent injuries, including but not limited to the following: (a) severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine (b) spasmodic torticollis (c) severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine (d) cervical radiculopathy (e) right lateral bulge of the intervertebral disc at C3-4 (f) aggravation of previously asymptomatic degenerative disc disease of the vertebrae and discs comprising the cervical spine 16. As a direct and proximate result of the aforesaid injuries, Plaintiff, Keri Moore, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, Keri Moore, has suffered (7/7) 234-3700 · FAX(?~7) 234-82~2 and may continue to suffer a loss of earnings for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, Keri Moore, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, Keri Moore, may in the future sustain post surgical scarring and disfigurement for which damages are claimed. 20. As a further result of the aforesaid injuries, Plaintiff, Keri Moore, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 21. As a further result of this collision, Plaintiff, Keri Moore, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 22. As a further result of the aforesaid injuries, Plaintiff, Keri Moore, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 23. Plaintiff, Keri Moore, was the named insured on a policy of insurance issued to her by Erie Insurance Group bearing policy number Q091402692H which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit 1. Therefore, Plaintiff, Keri Moore, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNT I Keri Moore & Jerry Moore v. Frederick Henry Harren, Manley Trucking, & Samuel E. Manley 24. Paragraphs 1 through 23 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 25. The aforesaid collision was a direct and proximate result of the negligence of Defendants, Samuel E. Maniey and Samuel E. Manley Trucking, acting through its agent, servant, and/or employee, Frederick Henry Harren, individually, in operating the 1998 Western-Star Tri-Axle truck in a careless, reckless and negligent manner as follows: (a) (b) (c) (d) In failing to apply the brakes in time to avoid the collision; In negligently applying the brakes; In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of the PA Motor Vehicle Code. (e) Driving at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit him to have brought his vehicle to a stop within the assured clear distance ahead in violation of {}3361 of the PA Motor Vehicle Code. WHEREFORE, Plaintiff Keri Moore demands judgment against Frederick Henry Harren, Samuel Manley t/d/b/a Samuel E. Manley Trucking and Samuel E. Manley, Individually for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II Jerry Moore v. Frederick Henry Harren, Manley Trucking, & Samuel E. Manley 26. Paragraphs 1 through 25 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 27. As a further result of injuries sustained by his wife, Plaintiff, Jerry Moore has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff, Jerry Moore demands judgment against Defendants, Frederick Henry Harren, Manley Trucking, and Samuel E. Manley Trucking for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, Date: D5C PIONEER FAMILY AUTO POLICY AMENDED DECLARATIONS 02 * * EFFECTIVE 01/15/01 ATTACH THIS TO YOUR POLICY. REASON FOR AMENDMENT - SEE *** ON FIRST DECLARATIONS PAGE AA7785 MINGES, HAHN & STROCK 09/14/00 TO 09/14/01 Q09 1402692 JERRY LEE MOORE & KERI MOORE 1826 SIGNAL HILL DRIVE MECHANICSBURG PA 17050-1660 AS LISTED BELOW AGENT - MINGES, HAHN & STROCK 4345 LINGELSTOWN ROAD AGENT PHONE (717) 652-2249 HARRISBURG PA 17112 0000 * CONGRATULATIONS! A PIONEER EXPERIENCE RATING CREDIT HAS * * BEEN APPLIED TO YOUR POLICY PREMIUM. * ************************************************************ ITEM 4. AUTOS COVERED AUTO YR MAKE 1 96 CHEV MONTECARLO 2 95 CHEV TA/qOE 4WD 3 00 PONT BONNEV SE VIN ST TER SYM 2GlWW12M6T9245936 PA 4F A 1GNEK18KOSJ332777 PA 4F F 1G2HX54K8Y4278547 PA 4F 6 RATING CLASS E26-M A3A-M MM45 A2AL-M FM40 DDP ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- #1 #2 #3 *****GOOD DRIVER RATES APPLY***** THE F LL~ OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. LIABILITY PROTECTIONTM BODILY INJURY $100M/PERSON $300M/ACC 197 77 75 PROPERTY DAMAGE $100M/ACC 170 63 62 FIRST PARTY BENEFITS- MEDICAL EXPENSE $25M 98 37 36 INCOME LOSS $1M/MO--'~T~, $15M MAXIMUM 29 10 10 ACCIDENTAL DEATH $5M 4 1 1 FUNERAL BENEFIT $2.5M 1 1 1 UNINSURED MOTORISTS COVERAGE- BOD INJ $100M/PERSON $300M/ACC-STACKED 17 17 17 UNDERINSURED MOTORISTS COVERAGE- -- BOD INJ $100M/PERSON $300M/ACC-STACKED 67 67 67 PHYSICAL DAMAGE COVERAGES .... COMPREHENSIVE - $50 DED 189 80 56 COLLISION - $200 DED 462 187 179 OPTIONAL COVERAGES- TP,_ANSP EXPENSES - COMP $25/DAY, $1,125/LOSS 5 5 5 TRANSP EXPENSES COLL $25/DAY, $1,125/LOSS 15 15 15 TOTAL ANNUAL PREMIUM FOR EACH AUTO 1254 560 524 TOTAL ANNUAL POLICY PREMIUM $ 2,338 NO CHANGE IN PREMIUM DUE TO TI4E CHANGE $ 0 ITEM 6. APPLICABLE POLICY, ENDORSEMENTS, EXCEPTIONS TO DECLARATIONS ITEMS ALL AUTOS - FAP 04/97, AFPN01 10/98, AFPA03 10/98. AUTO 1 - AFPU01 04/99. AUTO 2 AFPU01 04/99. AUTO 3 AFPU01 04/99. ***ELIMINATED ADDITIONAL INSURED ***ELIMINATED LIENHOLDER 20% INEXPERIENCED OPERATOR SURCHARGE APPLIED TO VEHICLE 1 Y AGTCVS 01/17/0_~ ANTI-THEFT DISCOUNT APPLIES-ACTIVE NON-DISAB AUTO 2 ANTI-THEFT DISCOUNT APPLIES-ALARM AUTO 3 MULTI POLICY DISCOUNT APPLIES - AMOUNT OF DISCOUNT IS $ 106 PASSIVE RESTRAINT DISCOUNT APPLIES - DUAL AIRBAGS AUTO 1 PASSIVE RESTRAINT DISCOUNT APPLIES - SINGLE AIRBAG AUTO 2 PASSIVE RESTRAINT DISCOUNT APPLIES - MULTIPLE AIRBAGS AUTO 3 ANTI-LOCK BRAKE DISCOUNT APPLIED AUTO 1 ANTI-LOCK BRAKE DISCOUNT APPLIED AUTO 2 ANTI-LOCK BRAKE DISCOUNT APPLIED AUTO 3 YOUTHFUL DRIVER DISCOUNT APPLIED AUTO 1 **************************************************************************** * YOU HAVE BEEN INSURED WITH THE ERIE FOR AT LEAST 15 YEARS. THIS POLICY * * WILL NOT RECEIVE A DEFENSIVE DRIVER PLAN SURCHARGE FOR FUTURE ACCIDENTS. * **************************************************************************** EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLASS AUTO i-OWNER/PRINCIPAL DRIVER AGE 16 WITH DRIVER TRAINING AUTO 2-TO WORK 15-20 MILES ONE WAY MALE, MARRIED, AGE 45-49 AUTO 3-TO WORK 6-10 MILES ONE WAY, 8,501 OR MORE MILES ANNUALLY FEMALE, MARRIED, AGE 40-44 MISCELI_J~NEOUS INFORMATION ITEM 7. EACH AUTO WE INSURE WILL BE PRINCIPALLY GARAGED AT THE ADDRESS SHOWN IN ITEM 1, UNLESS ANOTHER ADDRESS IS SHOWN BELOW. ITEM 9. UNLESS A CO-OWNER OR LIENHOLDER IS LISTED BELOW, THE NAMED INSURED IS THE SOLE OWNER OF EACH AUTO WE INSURE. LIENHOLDER FOR AUTO 3 GMAC P 0 BOX 2525 HUDSON OH 44236-0025 DRIVER 1 JERRY LEE MOORE 2 KERI MOORE 3 REBECCA L MOORE ST LICENSE NUMBER PA 15209061 PA 18315265 PA 26626331 BIRTH DATE 07/30/55 10/02/58 11/24/83 AUTO 1 - DR TRAINING. YOUR COLLISION COVERAGE AND DEDUCTIBLE APPLY TO PRIVATE PASSENGER AUTOS YOU OR A RESIDENT RELATIVE RENT FOR 45 DAYS OR LESS. THIS IS SUBJECT TO LIMITS, TERMS AND CONDITIONS IN THE POLICY. Q09 1402692 INVOICE INFORMATION: DATE DUE PAYMENT DUE 03-14-01 568.00* 06-14-01 567.00* 16 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00493 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE KERI ET AL VS HARREN FREDERICK HENRY ET AL 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: HARREN FREDERICK HENRY but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 10th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 18.00 9.00 10.00 27.30 .00 64.30 So answer, s: ~/~ / ~ Sheriff of Cumberland County Sworn and subscribed to before me this '?~-- day of ~ A.D. Prothonotary 02/10/2003 SHOLLENBERGER JANUZZI SHERIFF'S RETURN - REGULAR CASE NO: 2003-00493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE KERI ET AL VS HARREN FREDERICK HENRY ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MANLEY SAMUEL TDBA SAMUEL E MANLEY TRUCKING the DEFENDANT , at 1939:00 HOURS, on the 7th day of February , 2003 at 222 CREEK ROAD NEWVILLE, PA 17241 by handing to ERICA MANLEY, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 24.28 Sworn and Subscribed to before me this ~ ~' day of xTkto-~J~ ~J~ A.D. / ~rothonotary- ' So Answers: R. Thomas Kline 02/10/2003 SHOLLENBERGER JANUZZ I ~ Dep/ty Sh~r~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE KERI ET AL VS HARREN FREDERICK HENRY ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MANLEY SAMUEL E the DEFENDANT , at 1939:00 HOURS, on the 7th day of February , 2003 at 222 CREEK ROAD NEWVILLE, PA 17241 by handing to ERICA MANLEY, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 7 ~ day of ~ta~ o7~ A.D. / /Prothonotary~ So Answers: R. Thomas Kline 02/10/2003 SHOLLENBERGER JANUZZI Deity sh~ff In The Court of Common Pleas of Cumberland County, Pennsylvania 7 Keri Moore et al SERVE: VS. Frederick Henry Harren et al Frederick Henry Harren No. 03-493 civil Now, February 3, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within Feb/ 4, ,20 03 , at 2:22 Notice, Complaint,Interrogatories & Request o'clock P M. served the upon RR2 Frederick Hoaqry_ Harren BAox 130 Landisburg, Pa. 17040 (Southwest Madison Township) by handing to Frederick Henry Harren a True & Attested. and made known to Him copy of the origdnal Notice, Complaint, Interrogatories & Request the contents thereof. So answers, James T. Bennett Deputy Perry County, PA Sworn and subscribed before me this ~ day of ~c~~ 20. t!D 't O[ NOT~RIA~ ~aL I Mg~ ~ FUCKINGER, NOTARYPUBUO/ [ BLOOMFIELD BO~., PERRY COU~ ~ ~COMMISSION ~PIRES FEB. 16~ 2004 COSTS SERVICE MILEAGE AFFIDAVIT DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANTS KERI and JERRY MOORE, h/w Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-493 CIVIL ^c'rION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of all Defendants in the above-captioned matter. Date: ~ .~J.v' By: Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this ?? '~ day of ./-~r~,,.z' , 2003, I, Donald M. Desseyn, Esquire, / Attorney for Defendants, Frederick Henry Harren, Samuel Manley t/d/b/a Samuel E. Manley trucking and Samuel E. Manley, individually hereby certify that I served a copy of the within Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road P.O. box 60545 Harrisburg, PA 17106-0545 ald M. Desse2~Vn,--E'~quire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANTS KERI and JERRY MOORE, h/w Plaintiffs Vo FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants No. 03-493 CWIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '~ ~ H~R~:~y NOllFIED ~ ~ JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS FREDERICK HENRY HARREN~ SAMUEL MANLEY t/d/b/a SAMIjEI, E. MANLEY TRUCKING AND SAMUEL E. MANLEY~ INDIVIDUALI,Y TO pLAINTIFFS, COMPLAINTTO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendants, Frederick Henry Harren, Samuel E. Manley t/d/b/a Samuel E. Manley Trucking and Samuel E. Manley, individually, (hereinafter "Defendants"), by and through their attorney, Donald M. Desseyn, and for their Answer and New Matter to Plaintiffs' Complaint states as follows: 1. Admitted in part and denied in part. Defendants, based upon information and belief, admit that Plaintiff, Keri Moore, is an adult individual; however, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the troth of the remaining allegations as set forth in Paragraph 1 of o o o Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Admitted in part and denied in part. Defendants, based upon information and belief, admit that Plaintiff, Jerry Moore, is an adult individual; however, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the troth of the remaining allegations as set forth in Paragraph 2 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the troth of the allegations as set forth in Paragraph 3 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Admitted. Admitted. Admitted in part and denied in part. Defendants admit that Samuel E. Manley t/a Samuel E. Manley Trucking is a Pennsylvania business located at P.O. Box 1382, Carlisle, Cumberland County, Pennsylvania. However, Defendants deny each and every remaining allegation as set forth in Paragraph 6 of Plaintiffs' Complaint. Admitted in part and denied in part. Defendants admit the incident in question occurred on June 21, 2001 at approximately 3:00 p.m. on State Route 581; however, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth in o 10. 11. 12. Paragraph 7 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to from a belief as to the truth of the allegations as set forth in Paragraph 8 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Admitted. Denied. The allegations as set forth in Paragraph 10 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Admitted in part and denied in part. Defendants admit that Plaintiff, Keri Moore was operating a motor vehicle in the right hand westbound lane of State Route 581 and then proceeded to change lanes and move into the westbound lane of State Route 581 prior to coming to a complete stop in front of the vehicle operated by Defendants, Frederick H. Harren. Admitted in part and denied in part. Defendants admit that Frederick H. Harren was operating a 1998 Western-Star Tri-Axle truck in the left hand westbound lane of State Route 581 and that he was to the rear of the vehicle being operated by the Plaintiff, Keri Moore immediately prior to the time of the subject accident. Moreover, Defendants, based upon reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth in Paragraph 12 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. 13. Denied. 14. 15. 16. 17. Admitted in part and denied in part. Defendants admit that Plaintiff, Keri Moore, applied her brakes, and attempted to come to a complete stop thereby reducing the assured clear distance ahead which caused Defendants to be unable to bring his vehicle to a complete stop prior to striking the rear of the vehicle operated by the Plaintiff. Moreover, Defendants deny each and every remaining allegation as set forth in Paragraph 14 of Plaintiffs' Complaint. Denied. The allegations as set forth in Paragraph 15 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. To the extent that the allegations are factual in nature, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 15 of Plaintiffs' Complaint and therefore, deny same and strict is demanded at the time of trial. Denied. The allegations as set forth in Paragraph 16 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 16 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Denied. The allegations as set forth in Paragraph 17 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 17 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. 18. Denied. The allegations as set forth in Paragraph 18 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 18 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. 19. Denied. The allegations as set forth in Paragraph 19 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 18 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. 20. Denied. The allegations as set forth in Paragraph 20 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 20 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. 21. Denied. The allegations as set forth in Paragraph 21 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants, after reasonable 22. 23. 24. 25. investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 21 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Denied. The allegations as set forth in Paragraph 22 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 22 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 23 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. COUNT I In response to Paragraph 24 of Plaintiffs' Complaint, Defendants hereby incorporate each and every answer, averment, defense and/or denial as set forth in Paragraphs 1- 23 as if fully rewritten herein. Denied. The allegations as set forth in Paragraph 25 constitutes a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants deny any allegations of carelessness, negligence and/or recklessness. Moreover, Defendants respond to each and every subpart of paragraph 25 of Plaintiffs' Complaint as follows: (a) Denied; (b) Denied; (c) Denied; (d) Denied; and, (e) Denied. WHEREFORE, having fully answered, Defendants, Frederick Henry Harren, Samuel E. Manley t/d/b/a Samuel E. Manley Trucking and Samuel E. Manley, individually, demand judgment in their favor and against the Plaintiffs together with costs incurred herein. COUNT II 26. In response to Paragraph 26 of Plaintiffs' Complaint, Defendants hereby incorporate each and every answer, averment, defense and/or denial as set forth in Paragraphs 1- 25 as if fully rewritten herein. 27. Denied. Defendants, alter reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 27 of Plaintiffs' Complaint and therefore, deny same and strict proof is demanded at the time of trial. WHEREFORE, having fully Defendants, Frederick Henry Harren, Samuel E. Manley t/d/b/a Samuel E. Manley Trucking and Samuel E. Manley, individually, demand judgment in their favor and against the Plaintiffs together with costs incurred herein. NEW MATTER 28. Plaintiffs have failed to join necessary and indispensable parties to this litigation. 29. Any damages or injuries which Plaintiff may have sustained were the proximate result of acts or omissions of others not presently known by these answering Defendants. 30. Any damages or injuries Plaintiff may have suffered as alleged in the Complaint was solely and proximately caused by her own negligence. 31. Defendants state that if the Plaintiff sustained any damages or injuries, such damages or injuries were directly and proximately caused or contributed to by the negligence of the Plaintiffin failing to exercise ordinary care for her own safety under existing circumstances. 32. Plaintiff has failed to mitigate her damages. 33. Defendants invoke the doctrine of sudden emergency which based upon the allegations as set forth in Plaintiffs' Complaint. 34. Defendants assert any and all applicable fights and defenses available pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1701 et. seq. WHEREFORE, having fully answered, Defendants, Frederick Henry Harren, Samuel E. Manley t/d/b/a Samuel E. Manley Trucking and Samuel E. Manley, individually, demand judgment in their favor and against the Plaintiffs together with costs incurred herein. Date: By: onalct fyi. Desseyn, Esquire Attorney for Defendants VERIFICATION I, Frederick Henry Harren, a Defendant herein, verify that I am authorized to execute this verification and verify that the facts set forth in the foregoing Separate Answer and New Matter to Plaintiffs' Complaint are tree and correct to the best of my knowledge, information, and belief. To the extent that the information is based upon the expertise of counsel upon whom I relied upon in making this Verification, the language of the Pleading may be that of counsel and not my own. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Frederick Henr~ H~ ~ '- CERTIFICATE OF SERVICE / AND NOW, this ._F~'~ day of ~,e,/ , 2003, I, Donald M. Desseyn, Esquire, Attorney for Defendants, hereby certify that I served a copy of the within Answer and New Matter to Plaintiffs' Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road P.O. box 60545 Harrisburg, PA 17106-0545 By: Donald I~D~--'~squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF CUMBERLAND COl PEN N SYLVAN IA NO. 03-493 CIVIL ACTION - LAV JURY TRIAL DEMA: 3OMMON PLEAS INTY, / ~DED AND NOW, comes the Plaintiffs, Keri Moore and Jerry Moo through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and following Answer to Defendant's New Matter: The above referenced averment is a conclusion of law answer is required. To the extent an answer is require, denied pursuant to Pa. R.C.P. 1029(e). 28. e, by and files the to which no :1, same is 29. After reasonable investigation, the Plaintiff is without kr sufficient to form a belief as to the truth of said averme therefore said averment is denied. 30. The above referenced averment is a conclusion of law answer is required. To the extent an answer is require, denied pursuant to Pa. R.C.P. 1029(e). ~owledge ~t and Io which no J, same is 31. The above referenced averment is a conclusion of law answer is required. To the extent an answer is require, denied pursuant to Pa. R.C.P. 1029(e). 32. The above referenced averment is a conclusion of law 33. answer is required. To the extent an answer is require, denied pursuant to Pa. R.C.P. 1029(e). to The above referenced averment is a conclusion of law answer is required. To the extent an answer is require~, denied pursuant to Pa. R.C.P. 1029(e). 34. The above referenced averment is a conclusion of law answer is required. To the extent an answer is require denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully requests that the I' New Matter be dismissed and judgment entered in favor of the Pla matter of law. Date: Io which no J, same is [o which no J, same is which no same is to which no :1, same is ~efendants' intiffs as a Respectfully submitted, Timothy A. Sholler Attorney I.D.#3434 berger, Esq. 3 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OFCOMMON CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-493 CIVIL ACTION - LA~/ JURY TRIAL DEMAr~DED PLEAS Timothy A. Shollenberger, Esq., being duly sworn according to Il and says that he is the attorney for the within Plaintiffs, that he is a Keri Moore and Jerry Moore, to make this Affidavit on their behal based on information supplied by the Plaintiffs, he believes that th4 in the foregoing Plaintiffs' Answer to D§f.en~dants' New Matter a correct. '~/?/l~~//~/'/I/I mirr~o{h~ ~.v ~)llc~i~:j~,, Attorney I. Df No. 34343 ~w, deposes Jthorized by f, and that facts set forth 'e true and Sworn and subscribed before me this '~ th day of AocLt ,2003. / Nota~ Public NOTARIAL SEAL MALINDA A, ZlMMERMAN, Notary Public Susquehanna Twp,, Dauphin County My Commission Expires July 18, 2006 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF[COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 03-493 CIVIL ACTION - LA¥~/ JURY TRIAL DEMA AND NOW this _7__ day of April, 2003, I hereby certify that I have s, following Plaintiffs'Answers to Defendants' New Matter on the foll~ forwarding a true and correct copy of same in the United States m~ prepaid, addressed to: ~DED :rved the ~wing by ~il, postage Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Counsel for Defendants) Respectfully submitted, SHOLLENBERGER & JANUZZI LLP Date: SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-493 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this/-,f-.J'Vday of ~ 2003, the parties, by their counsels, do stipulate and agree as follows: 1. Plaintiffs, KERI MOORE and JERRY MOORE, amends their Complaint as follows: 6. Defendant, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING, (hereinafter referred to as "Manley Trucking") is a Pennsylvania business located at P.O. Box 1382, Carlisle, Cumberland County, Pennsylvania. 2. It shall not be necessary for the Plaintiffs to file an Amended Complaint or the Defendants to file an Answer thereto. 3. The averment contained in this Stipulation shall constitute the averment that would have been filed as part of an Amended Complaint. 4. This Stipulation shall be filed as of record. Timothy A Shollenberger, Esquire Donald M. Desseyn, Esquire Attorney ID. #34343 Attorney ID. #69179 Date:''/J~4 ~.,'~/ '~0 ~ Date:,~,~.~,.,~ SHO, LLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KERI MOORE and JERRY MOORE, her husband, Plaintiffs FREDERICK HENRY HARREN, SAMUEL MANLEY t/d/b/a SAMUEL E. MANLEY TRUCKING and SAMUEL E. MANLEY, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ~ENNSYLVANIA NO. 03-493 CIVIL ACTION - LAW To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: "l-'~otl'~y A/~ff~l'e_~bergTer, ~'sq. Attorney I.D. #34343 Date: [~ -0 ~'~)~ Dat~