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IN THE COURT OF COMMON PLEAS OF YORK. COUNTY, PENNSYLVANIA
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PAUL W. NYE, JR. and :No,2000-SU-02713-0l
KATHIE CRITSER,
Plaintiffs
v.
SHAFFER TRUCKING, INC. and
FREDERICKF. PALMER,
Defendants
APPEARANCES:
,
. JOSEPH U. METZ, ESQUIRE
For plaintiffs
JOHN F. FOX, JR., ESQUIRE
For Defendants
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ORDER
Defendant's contention that York County is the improper venue for this lawsuit is
correct. Therefore defendant's Preliminary Objection is granted, and this case is transferred to
Cumberland County. The Prothonotary is directed to take the required steps to have this
lawsuit transferred to Cwnberland County Courts.
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BY THE COURT,
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JUDGE
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In The Court of Common Pleas of York County, Pennsylvania
2000/09/25
PAUL W WIE JR & KATHIE
CRITSER
VS
SHAFFER TRUCKING INC
& FREDERICK P PALMER
Case Number 2000 SU 02713 01
Case Type Civil Action
APPEARANCES
D 001 SHAFFER TRUCKING INC FOX, JOHN F JR
100 NW 56TH ST
LINCOLN NB 68528
D 002 PALMER, FREDERICK FOX/ JOHN F JR
55 SCENIC DR
LEBANON CT 06249
POOl CRITSER, KATHIE METZ, JOSEPH U
34 WALMAR MANOR
DILLSBURG PA 17019
P 002 NYE, PAUL W METZ, JOSEPH U
34 WALMAR MANOR
DILLSBURG PA 17019
DOCKET ENTRIES
2000/06/06 COMPLAINT IN A CIVIL ACTION
AMT DEMANDED: IN EXCESS OF $30,000.00
2000/07/18 ENTRY OF APPEARANCE
OF JOHN F FOX JR ESQ ON BEHALF OF DEFTS
2000/07/18 PRELIMINARY OBJECTIONS
TO PLTFS COMPLAINT W/CERT OF SVC
2000/07/18 MEMORANDUM OF LAW IN SUPPORT
OF DEFTS PRELIMINARY OBJECTIONS TO PLTFS
COMPLAINT W/CERT OF SVC
2000/08/04 MEMORANDUM OF LAW IN OPPOSITION
TO PRELIMINARY OBJECTIONS OF DEFTS W/CERT OF
SVC
2000/08/10 REPLY
TO PLTFS OBJECTIONS TO DEFTS PRELIMINARY
OBJECTIONS W/CERT OF SVC
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In The Court of Common Pleas of York County, Pennsylvania
2000/09/25
PAUL W NYE JR & KATHIE
CRITSER
VS
SHAFFER TRUCKING INC
& FREDERICK P PALMER
Case Number 2000 SU 02713 01
Case Type Civil Action
DOCKET ENTRIES
2000/08/21 ONE-JUDGE DISPOSTION LIST
PO'S; BRIEF IN SUPPORT, 7/18/00; BRIEF IN
OPPOSITION, 8/4/00 W/CERT OF SERVICE
2000/09/08 ONE JUDGE ASSIGNMENT - CASE ASSIGNED TO
THE HONORABLE JOHN H CHRONISTER JUDGE
2000/09/11 ORDER DIRECTING CASE BE TRANSFERRED TO
CUMBERLAND COUNTY
BY THE COURT, JOHN H CHRONISTER JUDGE
2000/09/25 CASE TRANSFERRED TO
CUMBERLAND COUNTY BY CERT MAIL #P621 717 097
** END
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COURT OF COMMON PLEAS
NINETEENTH JUDICIAL DISTRICT
YORK COUNTY, PENNSYLVANIA
OFFICE OF
28 EAST MARKET STREET
YORK, PENNSYLVANIA, 17401
J. ROBERT CHUK
DIST~ICT COURT ADMINISTRATOR
717 771-9234
FAX 717 771-9911
TERRY R. BAKER
ASSISTANT COURT ADMINISTRATOR
BONITA L. JULIUS
ASSISTANT COURT ADMINISTRATOR
September 5, 2000
Joseph U. Metz, Esquire
122 Market Street
Harrisburg, PA 17011
John F. Fox, Jr., Esquire
Suite 81 1-10 Penn Ctf. Plaza
180 I Market Street
Philadelphia, P A 19103
In Re: Paul W. Nye vs. Shaffer Trucking, Inc., et al
Civil Action No. 2000-SU-02713-01
Dear Attorneys:
The above-captioned case has been assigned to the Honorable John H. Chronister,
Judge for disposition under Rule 6030, et seq (formerly Rule 30).
Sincerely,
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District Court Administrator
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Paul W. Nye, Jr., and
Kathie Critser
No. 2000-SU-02713-01
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PRAECIPE TO LIST CASE FOR ONE-JUDGE DISPOSITION
To the Prothonotary:
Please list the Breliminarv Objectives of Defendants for one Judge Disposition.
Document to be ruled upon:
Preliminary Obiectives of Defendants
Brief in Support was filed on
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.July 20. 1:'000
Brief in Oppos~ion was filed on
August 4, 2000
Oral Argument requested (
) Yes ( X) No
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CERTIFICATE OF SERVICE
I hereby certify that on this.1.ie-fu day of 69~pooo, that I have sent fue
attached Reply to Interrogatories to fue following by first class mail, postage prepaid:
John F. Fox, Jr., Esquire
1310 Two Penn Center Plaza
15fu & JFK Boulevard
Philadelphia, PA 19102
Respectfully submitted,
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LAW OFFICES OF JOHN F. FOX, JR.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center Plaza - #1310
Philadelphia, PA 19102
(215) 568-6868
Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
PAUL W..NYE, JR., and
KATHIE CRITSER
COURT OF COMMON PLEAS
YORK COUNTY
Civil Action - Law
'Is.
SHAFFER TRUCKING, INC. and
FREDERICK F. PALMER
NO. 2000-SU-02713~01
DEFENDANTS SHAFFER TRUCKING, INC. and FREDERICK
P. PALMER'S REPLY TO PLAINTIFFS' OPPOSITION TO
DEFENDANTS' PRELIMINARY OBJECTIONS
Defendants filed Preliminary Obj ections on the basis that
plaintiffs failed to plead any facts in their Complaint which are
sufficient to establish venue in York County under Pa. R.C.P.
2179(a). In their response to defendants' Preliminary Objections,
plaintiffs' counsel simply argues that based on his observations of
traffic in York County, Shaffer Trucking, Inc. must regularly con-
duct business in York County.
First, plaintiffs' counsel's self-serving statement that he
observed Shaffer Trucking, Inc.'s trucks in York County does not
satisfy the pleading requirements so glaringly deficient in~
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plaintiffs' Complaint. Defendants need not even address whetJeer ~
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plaintiffs' conduct business in York County until plaintiffs d:ii<fve '"
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sufficiently plead in their Complaint that defendants regul~jlY "c'
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conduct business in York COl1ntv. Plaintiffs' Complaint fails to'""
plead any such allegations ig~o~~~~ore, as a matter of law, York
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County has no jurisdiction in this matter.
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Even assuming arguendo that plaintiffs aver facts which are
sufficient to establish venue in York County, plaintiffs' counsel's
statement that he observed Shaffer Trucking, Inc.'s truck in York
County does not establish that Shaffer Trucking, Inc. does in fact
regularly conduct business in York County or that Shaffer Trucking,
Inc. generates any income from business in York County. Although
defendant Shaffer Trucking, Inc. may travel through York County, it
does not regularly conduct business in York County or generate
revenue from business in York County.
WHEREFORE, defendants Shaffer Trucking, Inc. and Frederick P.
Palmer respectfully request this Court to grant their Preliminary
Objections to plaintiffs' Complaint and enter an Order transfer-
ring this matter from York County to Cumberland County.
LAW OFFICES OF JOHN F. FOX, JR.
By:
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hn F. Fox, jr., Esquire
Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
Date:
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CERTIFICATE OF SERVICE
I, JOHN F. FOX, ESQUIRE, hereby certifies that a true and
correct copy of defendants Shaffer Trucking, Inc. and Frederick P.
Palmer's Reply to Plaintiffs' Opposition to Defendants' Preliminary
Objections was served upon counsel listed below by Regular First-
Class United States Mail, postage prepaid this 7th day of August,
2000.
Joseph U. Metz, Esquire
Killion & Metz
214 Pine Street
Harrisburg, PA 17101
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Attorney for Defendants,
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Frederick P. Palmer
Date:
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LAW OFFICES
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JOHN F. FOX, JR.
ATTORNEY AT LAW
1310 TWO PENN CENTER PLAZA
151H & JOHN F. KENNEDY BOULEVARD
PHILADELPHIA, PENNSYLVANIA 19102
JOHN F. FOX, JR.
JOSEPH A. GUINAN, III'
TELEPHONE (2]5) 568-6868
FASCIMILE (215) 568-2352
E-MAIL: foxlaw@ix.netcom.com
Montgomery County
607 Anthony Drive
Plymouth Meeting, P A ] 9462
Telephone No. (610) 834-3848
* Also Member of N.J. Bar
August 7, 2000
Ms. Stacia N. Gates
York County Prothonotary
York County Court of Common Pleas
York County Courthouse
28 E. Market Street
York, PA 17401
RE: Paul W. Nye, Jr., et al. vs. Shaffer
Trucking, Inc., et al.
CCP: York County - No. 2000 SU 02713-01
Dear Ms. Gates:
Enclosed please find an original and three (3) copies of de-
fendants Shaffer Trucking, Inc. and Frederick P. Palmer's Reply to
Plaintiffs' Memorandum of Law in Opposition to Defendants'
Preliminary Objections with respect to the above-captioned matter.
Kindly file the original and two copies and forward one copy
to my attention in the enclosed, self-addressed stamped envelope.
Thank you for your consideration in this matter.
Very truly yours,
JJ{ ~!;!
JFF/db
Encls.
cc: Joseph U. Metz, Essquire (w/encls.)
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IN THE COURT OF COMMON PLEAS
OF YORK COUNTY
Paul W. Nye, Jr. and
Kathie Critser
Plaintiffs
v.
Civil Action - Law
No.2000-SU-02713-01
Shaffer Trucking, Inc. and
Frederick F. Palmer
Defendents
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; _MEMORANDUM OF LAW IN OPPOSITION TO PRELIMINARY OBJECTIONS OF
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COlJNTERSTATEMENTOFFACTS
On June 6, 2000 Plaintiffs Paul W. Nye, Jr. and Kathie Critser both residents of
York County instituted a lawsuit for injuries they suffered in a collision with a truck
driven by Frederick F. Palmer and operated by Shaffer Trucking, Inc. The truck struck
them after it went through a stop sign without yielding. Shaffer Trucking conducts
business throughout York County in that its trucks are virtually constantly proceeding
through it.
ARGUMENT
SHAFFER TRUCKING REGULARLY CONDUCTS BUSINESS THROUGHOUT
YORK COUNTY AND THIS COUPLED WITH THE FACT THAT PLAINTIFFS ARE
YORK COUNTY RESIDENTS IS A PROPER BASIS FOR VENUE HERE.
A driver on a highway in York County will, if he is looking, see a Shaffer
Trucking truck during any substantial trip. During a one hour time period in Fairview
Township recently, I saw three (3) Shaffer trucks on their routes.
The sheer volume and regularity of Shaffer Truckings dealings in York County
give rise to venue here.
In Monaco v. Montgomery Cab Companl(~ 4}7:P~ ]1~. 208 A2nd 252 (1965), the
Pennsylvania Supreme Court ruled that a co~~me~3which was prohibited from
picking up passengers in Philadelphia County,'1Jutwliich was permitted to take them to
that county, and which collected fivie (5%) percent to ten (10%) percent of its fares in
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Philadelphia County at the end of the ride, did "regularly conduct business" in
Philadelphia County for venue purposes.
Similarly, in Smerk Y. Philadelphia Suburban Transit Company, 13 D&C 2nd 454
.l25R, it was held that an action could be brought in Philadelphia County on the basis that
the Defendent operated as a common carrier in Philadelphia County, even though the
accident involved occurred in Delaware County and Plaintiff was a resident of Delaware
County.
A common carrier engaged in the business of operating buses on a schedule
within a county is doing business in that county, even though the routes within that
county may constitute a very small percentage of all its routes, and even though it may
have no office in that county. lannetli y. Philadelphia Suhurban Transit Company, .61
D&C 276 (1947). See also Lallone y. Philadelphia Suburban Transport COll1Pany, 6.1
D&C 248 (1948). (A common carrier, which has regular routes within a county, is
regularly conducting business within that county.)
Based on the large volume of business Shaffer Trucking conducts with its trucks
on the turnpike, Route 83 and Route 30, there can be no question but that Shaffer
Trucking is conducting business in York County.
Shaffer Trucking seriously injured Paul Nye, a York County resident to the point
where he is completely disabled and then it seeks to have the trial of the case in another
county for its convenience.
CONcr,usrON
The preliminary objection filed here should be dismissed.
e z, Esquire
for Plaintiffs
ID #: 32958
KILLION & METZ
214 Pine Street
lIarrispur2,PA 17101
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CERTIFICATE OF SERVICE
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I hereby certifY that on this 3rd day of August 2000, that I have sent the attached
Reply to Interrogatories to the following by fust class mail, postage prepaid:
John Fox, Jr., Esquire
1310 Two Penn Center Plaza
15th & JFK Boulevard
Philadelphia, PA 19102
etz, Esquire
I & METZ
214 me Street
Harrisburg,PA 17101
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KILLION & METZ
ATTORNEYS AT LAW
214 PINE STREET
PAUL J. KILLION
JOSEPH U. METZ
HARRISBURG, PENNSYLVANIA 17101
(717) 232-0879
FAX (717) 232-8189
August 3, 2000
Stacia N. Gates
Prothonotary of York County
York County Courthouse
28 East Market Street
York,PA 17401
Dear Ms. Gates:
Enclosed please find the original and two (2) copies of a Brief Opposing
Preliminary Objections.
Thank you for your consideration.
Very truly yours,
cc:
John F. Fox, Jr., Esq.
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IN THE COURT OF COMMON PLEAS
OF YORK COUNTY
Paul W. Nye, Jr. and
Kathie Critser
Plaintiffs
v.
Civil Action - Law
No.2000-SU-02713-01
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Shaffer Trucking, Inc. and .
Frederick F. Palmer
Defendents
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MEMORANDUM OF LAW IN OPPOSITION TO PRELIMINARY OBJECTIONS OF
PLAINTIFF:
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COUNTER STATEMENT OF FACTS
On June 6, 2000 Plaintiffs Paul W. Nye, Jr. and Kathie Critser both residents of
York County instituted a lawsuit for injuries they suffered in a collision with a truck
driven by Frederick F. Palmer and operated by Shaffer Trucking, Inc. The truck struck
them after it went through a stop sign without yielding. Shaffer Trucking conducts
business throughout York County in that its trucks are virtually constantly proceeding
through it
ARGUMENT
SHAFFER TRUCKING REGULARLY CONDUCTS BUSINESS THROUGHOUT
YORK COUNTY AND THIS COUPLED WITH THE FACT THAT PLAINTIFFS ARE
YORK COUNTY RESIDENTS IS A PROPER BASIS FOR VENUE HERE.
A driver on a highway in York County will, if he is looking, see a Shaffer
Trucking truck during any substantial trip. During a one hour time period in Fairview
Township recently, I saw three (3) Shaffer trucks on their routes.
The sheer volume and regularity of Shaffer Truckings dealings in York County
give rise to venue here.
In Monaco Y... Montgomery Cab Company, 417 PA 135.208 A2nd 252 (1965), the
Pennsylvania Supreme Court ruled that a common carrier, which was prohibited from
picking up passengers in Philadelphia County, but which was permitted to take them to
that county, and which collected five (5%) percent to ten (10%) percent of its fares in
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Philadelphia County at the end of the ride, did "regularly conduct business" III
Philadelphia County for venue purposes.
Similarly, in Smerk Y. Philadelphia Suburban Transit Com-pany, ] 3 D&C 2nd 454
19.5.8., it was held that an action could be brought in Philadelphia County on the basis that
the Defendent operated as a common carrier in Philadelphia County, even though the
accident involved occurred in Delaware County and Plaintiff was a resident of Delaware
County .
A common carrier engaged in the business of operating buses on a schedule
within a county is doing business in that county, even though the routes within that
county may constitute a very small percentage of all its routes, and even though it may
have no office in that county. lannetti Y. Philadelpbia Suburban Transit Company, !il
D&C 276 (1947). See also Lallone Y. Philadelphia Suburban Transport Company, !il
D&C 248 (1948). (A common carrier, which has regular routes within a county, is
regularly conducting business within that county.)
Based on the large volwne of business Shaffer Trucking conducts with its trucks
on the turnpike, Route 83 and Route 30, there can be no question but that Shaffer
Trucking is conducting business in York County.
Shaffer Trucking seriously injured Paul Nye, a York County resident to the point
where he is completely disabled and then it seeks to have the trial of the case in another
county for its convenience.
CONCLlJSION
The preliminary objection filed here should be dismissed.
Respectfully subm'
e , Esquire
for Plaintiffs
ID #: 32958
KILLION & METZ
214 Pine Street
Harrisburg,PA 17101
(717) 232-0879
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CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of August 2000, that I have sent the attached
Reply to Interrogatories to the following by first class mail, postage prepaid:
John Fox, Jr., Esquire
1310 Two Penn Center Plaza
15th & JFK Boulevard
Philadelphia, PA 19102
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LAW OFFICES OF JOHN F. FOX, JR.
BY, JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center Plaza - #1310
Philadelphia, PA 19102
(215) 568-6868
Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
PAUL W. NYE, JR., and
KATHIE CRITSER
COURT OF COMMON PLEAS
YORK COUNTY
Civil Action - Law
vs.
SHAFFER TRUCKING, INC. and
FREDERICK F. PALMER
NO. 2000-SU-027l3-0l
o R D E R
AND NOW, this
day of
2000, upon consideration of
defendants Shaffer Trucking, Inc. and Frederick P. Palmer's Pre-
liminary Objections to Plaintiffs' Complaint, and plaintiffs'
response thereto, it is hereby ORDERED AND DECREED that defendants'
Preliminary Objections to plainiffs' Complaint are granted and that
plaintiffs' lawsuit shall be transferred to Cumberland County and
that all costs and fees associated with said transfer shall be
assessed against plaintiffs.
BY THE COURT:
J.
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LAW OFFICES OF JOHN F. FOX, JR.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center Plaza - #1310
Philadelphia, PA 19102
(215) 568-'6868
Attorney for Defendants,
Shaffer Trucking, Inc. and~j!.
Frederick P. Palmer ~
PAUL W. NYE, JR., and
KATHIE CRITSER
COURT OF COMMON PLEAS
YORK COUNTY
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vs.
SHAFFER TRUCKING, INC. and
FREDERICK F. PALMER
NO. 2000-SU-027l3-01
DEFENDANTS SHAFFER TRUCKING, INC. AND FREDERICK
P. PALMER'S PRELIMINARY OBJECTIONS TO PLAINTIFFS'
COMPLAINT
Defendants Shaffer Trucking, Inc. and Frederick P. Palmer, by
and through their undersigned counsel, preliminarily obj ect to
plaintiffs' Complaint pursuant to Pennsylvania Rule of Civil
Procedure 1028 as follows:
1. Plaintiffs Paul W. Nye, Jr. and Kathie Critser, both of
whom are residents of York County, Pennsylvania, have instituted
this action as a result of an incident which occurred on or about
February 4, 1999 on Route 15 in Silver Spring Township, Cumberland
County, Pennsylvania. (A copy of plaintiffs' Complaint is attached
hereto and marked Exhibit "A").
2 . For the reasons set forth herein, defendants Shaffer
Trucking, Inc. and Frederick P. Palmer, preliminarily object to
plaintiffs' Complaint on the basis that York County is an im-
proper venue for the instant a18~m~OOOH
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A. Preliminary Objections to Venue Under
PA. R.C.P. 1028(a) (1)
3. Pennsylvania Rule of Civil Procedure 1028 entitled, "Pre-
liminary Objections" states in pertinent part as follows:
A. Preliminary Objections may be filed by
any party to any pleading and are limited to
the following grounds:
(1) Lack of jurisidiction over the subject
matter of the action or the person of the de-
fendant, improper venue or improper forum or
service of a Writ of Summons or a Complaint.
4. Pennsylvania Rule of Civil Procedure 2179 entitled,
"Venue", states in pertinent part as follows:
A. Except as otherwise provided by an act of
assembly or by subdivision (b) of this rule, a
personal action against a corporation or simi-
lar entity may be brought in and only in (i)
the county where its registered office or
principal place of business is located; (ii)
the county where it regularly conducts busi-
ness; (iii) the county where the cause of
action arose; or (iv) a county where a trans-
action or occurrence took place out of which
the cause of action arose.
5. Pennsylvania Rule of Civil Procedure 1006 entitled,
"Change of Venue", states in pertinent part as follows:
(a) Except as otherwise provided by sub-
divisions (b) and (c) of this rule, an action
against an individual may be brought in and
only in a county in which he may be served or
in which the cause of action arose or where a
transaction or occurrence took place out of
which the cause of action arose or in any
other county authorized by law.
(b) An action to enforce joint and/or several
liability again~_ -r wore defendants, ex-
cept actions in . . ~OR:M1 Commonwealth is a
party defendant, may '6"~ brought against all
defendants in any county in which the venue
2
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may be laid against anyone of the defendants
under the General Rules of Subdivisions (a) or
(b) .
6. Plaintiffs' Complaint fails to allege that defendants
have a registered office or principal place of business in York
County.
7. Plaintiffs' Complaint fails to allege that defendants
regularly conducted business in York County.
8. Plaintiffs' Complaint fails to allege that this action
occurred in York County.
9. Plaintiffs' Complaint fails to allege that York County is
where the transaction or occurrence took place out of which the
cause of action arose.
10. In fact, defendants do not have a registered office in
York County.
11. Defendants do not have a principal place of business
located in York County.
12. Defendants do not regularly conduct business in York
County.
13. York County is not the county where the incident occur-
red. On the contrary, plaintiffs' cause of action arose out of an
auto accident which occurred in Cumberland County.
14. No transaction or occurrence took place in York County
out of which the cause of action arose.
15. None of the requirements for establishing proper venue
under
Pennsylvania Rules of CWO'V]OE900017oJure 2179 and 1006 have been
met.
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16. Defendant
Frederick P.
Palmer is a resident
of
Connecticut with an address of 55 Scenic Drive, Lebannon, CT. and
cannot properly be served in York County under Pa. R.C.P. 1006.
17. Defendant Shaffer Trucking, Inc. is a Pennsylvania
corporation with a principal place of business located in
Pennsylvania at 44 Eas.t Main Street, New Kingstown, Cumberland
County, PA.
18. Consequently, Cumberland County and not York County is
the proper venue for this case.
WHEREFORE, defendants Shaffer Trucking, Inc. and Frederick P.
Palmer respectfully request this Court to enter an Order granting
defendants' Preliminary Objections to Plaintiffs' Complaint trans-
ferring this case to Cumberland County.
Respectfully submitted,
LAW OFFICES OF JOHN F. FOX, JR.
By:
~f3'i~~
ohn F. Fox, Jr., Esquire
Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
Date:
-; - 17- ~"
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LAW OFFICES OF JOHN F. FOX, JR.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center Plaza - #1310
Philadelphia, PA 19102
(215) 568-6868
Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
COURT OF COMMON PLEAS
YORK COUNTY
PAUL W. NYE, JR., and
KATHIE CRITSER
Civil Action - Law
vs.
SHAFFER TRUCKING, INC. and
FREDERICK F. PALMER
NO. 2000-SU-02713-01
DEFENDANTS SHAFFER TRUCKING, INC. and FREDERICK
P. PALMER'S MEMORANDUM OF LAW IN SUPPORT OF
DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS'
COMPLAINT
I. STATEMENT OF FACTS:
On or about June 6, 2000, plaintiffs Paul W. Nye, Jr., and
Kathie Critser instituted a Complaint against defendants alleging
injuries incurred as a result of an automobile accident which
occurred on Route 15 in Silver Spring Township, Cumberland County,
Pennsylvania. (See Exhibit "A").
For the reasons set forth herein, defendants Shaffer Trucking,
Inc. and Frederick P. Palmer preliminarily object to plaintiffs'
Complaint on the basis that York County is not the proper Venue for
this action under the Pennsylvania Rules of Civil Procedure.
II. BASIS FOR SUSTAINING DEFENDANTS'
PRELIMINARY OBJECTIONS
A. Improper venue pursuant to Pa. R.C.P. 1028(a) (1)
Pennsylvania Rule of Civil Procedure 1028(a) (1) states in per-
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following grounds:
(1) Lack
matter of
defendant,
service of
of jurisdiction over the subj ect
the action or the person of the
improper venue or improper forum of
a Writ of Summons or Complaint.
An individual may institute a personal action against a cor-
poration only:
(i) The county where its registered office or principal
place of business is located;
(ii) The county where it regularly conducts business;
(iii) The county where the cause of action arose; or
(iv) A county where a transaction or occurrence took
place out of which the cause of action arose;
Pa. R.C.P. 2179(a).
Plaintiffs' Complaint fails to aver any facts which are suffi-
cient to establish venue in York County under Pa. R.C.P. 2179(a).
In order for venue to be established in York County, plaintiffs
must allege facts sufficient to show that corporate defendant
Shaffer had a registered office or principal place of business
located in York County; that Shaffer regularly conducted business
in York County; that the accident out of which plaintiffs alleged
injuries arose occurred in York County; or that a transaction or
occurrence took place out of which the cause of action arose in
York County. Pa. R.C.P. 2179. Plaintiffs have failed to plead any
of these requirements and accordingly, as a matter of law, this
action must be transferred to Cumberland County, the County where
the accident occurred and where
def200l9n9~~1ffer
has a registered
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office and a principal place of business.
WHEREFORE, defendants Shaffer Trucking, Inc. and Frederick P.
Palmer respectfully request this Court to grant their Preliminary
Objections to plaintiffs' Complaint and enter an Order transferring
this matter from York County to Cumberland County.
LAW OFFICES OF JOHN F. FOX, JR.
By:
hn F. Fox,
Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
Date:
1~ 11~ I))
2000909000 \ 7
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V E R I FIe A T ION
Pursuant to Pa. R.C.P. 1024(c), JOHN F. FOX, JR., ESQUIRE
states that he is the attorney for the defendants; that he makes
this verification as an attorney because the parties he represents
are outside the jurisdiction of this Court and that verification
cannot be obtained within the time limit allowed for the filing of
this pleading; that he has sufficient knowledge and information
based upon his investigation of the matter averred or denied in the
foregoing pleading and that this statement is made subject to the
penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification
to authorities.
Jr., Esquire
ttorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
Date:
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CERTIFICATE OF SERVICE
I, JOHN F. FOX, ESQUIRE, hereby certifies that a true and
correct copy of defendants Shaffer Trucking, Inc. and Frederick P.
Palmer's Preliminary Objections to Plaintiffs' Complaint was served
upon counsel listed below by Regular First-Class United States
Mail, postage prepaid this Y7~ day of June, 2000.
Joseph U. Metz, Esquire
Killion & Metz
214 Pine Street
Harrisburg, PA 17101
By:
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hn F. Fox, l r., Esquire
Attorney for Defendants,
Shaffer Trucking Inc. and
Frederick P. Palmer
Date:
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IN THE COURT OF COMMON PLEAS OF
YORK. COUNTY, PENNSYLVANIA
Paul W. Nye, Jr. and Kathie Critser,
Plaintiffs
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CIVIL ACTION - LAW
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Shaffer Trucking, Inc.
and Frederick P. Palmer,
Defendants
NOTICR
'.
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 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 LAWYElR AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Lawyer Referral Service of the York County Bar Association
York County Bar Center
137 East Market Street
York, Pennsylvania 17401
(717) 854-8755
200090900017
TOTAL P.19
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IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
Paul W. Nye, Jr. and Kathie Critser,
Plaintiffs
Y.
Shaffer Trucking,IDe.
and Frederick P. Palmer,
Defendants
COMPI,AINT
Comes the Plaintiffs Paul W. Nye, Jr. and Kathie Critser and set forth the
following as their complaint in the above-captioned action:
PARTIF.S
1. plaintiff Paul W. Nye is a resident of York County, Pennsylvania with an
address of34 Wa1marManor, Dillsburg, PA 17019.
2. Kathie Critser is a resident of York County, Pennsylvania with an address
of34 WalmarManor, Dillsburg, PA 17019.
3. Defendant Shaffer Trucking is a cOlpOration with an address of 100 NW
56th Street. Lincoln, Nebraska 68528 and a local address of 44 East Main Street, New
Kingston, Pennsylvania.
4. Defendant Frederick P. Palmer is an individual with an address of 55
Scenic Drive, Lebanon, Connecticut 06249.
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FACTUAl, BAncCROUND
5. On or about February 4, 1999 Plaintiffs Nye and Critser were headed
northward on Route IS in Silver Spring Township, Cumberland County, pennsylvania in
their 1991 Toyota pickup truck.
6. At that same time Frederick Palmer was about to cross Route 11 from the
Shaffer Trucking lot to Dauphin Drive proceeding westward across Route 11. Palmer
was driving a Shaft'er-owned truck displaying Shaffer signs and emblems.
7. Frederick Palmer's exit from the Shaffer Trucking lot was controlled by a
miniature stop sign installed by Shaffer Trocking indicating he should stop until he could
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safely proceed across Route II. AdditiOnally, Palmer's exit frOm the Shaffer Trucking
lot was controlled by the rules of the road of the Pennsylvania Motor Vehicle Code which
compelled him not to cross Route 11 until he could do so safely.
8. At the time of this accident Palmer was an employee or agent of Shaffer
Trucking in the course of his duties.
9. Palmer proceeded past the stop sign controlling his intersection and
collided with the left side of the Nye vehicle as it proceeded northward on Route 11.
10. Palmer failed to yield to the Nye vehicle on Route 11 at the intersection
with Dauphin Drive as required by law.
11. As a result of the aforesaid collision the Plaintiffs suffered considerable
and severe injuries which have caused them great physical, economic, and other losses,
including great emotional dislIess.
12. Among other injuries caused by this accident, Plaintiff Paul Nye, Jr.,.has
suffered a lesion ofhis cervical spine which has damaged his spinal cord and caused him
to pennanently walk with a spastic gait
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13. Among other injuries caused by this accident, Plaintiff Kathie Critser
suffered large recum:nt disc herniation which limits her mobility and endurance.
14. Both Plaintiffs have undergone back operations as a result of this accident.
15. Plaintiffs are the owners of, or are covered by, a full tort automobile
insurance policy with Erie Insurance Company.
16. The collision and resultant injuries to Plaintiffs were caused by the
negligence, inattentiveness, and recklessness of Frederick P. Palmer as set forth in this
complaint. Palmer's negli.gcDCe consisted of inter alia:
(a) Failing to pay adequate attention to the roadway ahead of him;
,
(b) Failing to control his vehicle in a safe and reasonable manner;
(c) Engaging in careless driving and violating the Pennsylvania Motor
Vehicle Code as set forth in Section 3714 thereof;
(d) Failing to obey a traffic sign and proceeding through it in violation
of Pennsylvania Motor Vehicle Code, Sections 3111 & 3323;
(e) Failing to exercise due care in the operation of his motor vehicle;
(f) General negligence and recklessness in inattentively causing
damage to the Plaintiffs,
(g) Failing to properly yield the right of way at an intersection in
violation of Pennsylvania Motor Vehicle Code, Sections 3321 &
3324,
(h) Failing to observe the Nye vehicle as it proceeded with the right of
way along Route 11 North,
(i) Failing to yield to a vehicle on a major roadway at an intersection
with a minor roadway in violation of Pennsylvania Motor Vehicle
Code, Sections 3321 & 3324, and
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200090900017
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(j) Failing to keep a proper watch for lIaffic on the highway.
17. Shaffer Trocking is vicariously and directly liable for Palmer's actions
descn1led in the Complaint to this point as his employer or master and also because of its
actions in maintaining him as its agent and servant
18. Shaffer Trucking's negligence and recldessness substantially caused
Plaintiffs' injuries by:
(a) Its failure to post an adequate stop sign at the intersection of its lot
and Route 11;
(b) Its failure to adequately control Palmer from driving in a negligent
and careless manner;
(c) Its failure to monitor Palmer more closely; .
(d) Its failure to maintain its property safely at the intersection ofits lot
with Route 11.
"
Count T
Paul W Nye II v
~haffer Tmc1cinf Inc and F'lWlerick Palmer
19. All prior paragraphs are incorporated as though fully set forth herein.
20. Plaintiff Paul W. Nye. Jr. suffered serious bodily injury, pain and
suffering, and other injuries as Ii result of the incidents herein described including those
injuries set forth in the medical reports and re\:Ords previously supplied to the Defendants.
21. By reason of the aforesaid injuries sustained by Plaintiff Paul W. Nye. he
was forced to incur liability for medical treatment, medications, hospitalizations - and
similar miscellaneous expenses in an effort to restore him to health, and claim is made
therefor.
-4-
2000909'00017
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22. Because of the IIIItuIe of his injuries. Plaintiff Paul W. Nye has been
advised. and therefore, avers that he may be forced to incur similar expenses in the future.
and claim. is made therefor.
23. As a result of the aforementioned injuries, Plaintiff Paul W. Nye has
undergone and in the future will undergo great physical and mental suffering, great
inconvenience in canying out his daily activities, loss of life's pleasures and enjoyment,
and claim. is made therefor.
24. As a result of the aforesaid injuries, Plaintiff Paul W. Nye has been and in
the future will be subject to great hwniliation and embarrassment, and claim is made
"
therefor.
25. As a result of the aforementioned injuries, Plaintiff Paul W. Nye has
sustained work loss, loss of opportunity and a permanent diminution of his earning power
and c.apacity, and claim is made therefor.
26. As a result of the aforesaid injuries, Plaintiff Paul W. Nye has sustained
uncompensated work loss, and claim is made therefor.
27. Plaintiff Paul W. Nye continues to be plagued by persistent pain and
limitation and, therefore, avers that his injuries are of a permanent nature, causing
residual problems for the remainder ofms lifetime, and claim is made therefor,
Wherefore PlaintiffPaulW. Nye, Jr. demands judgment in his favor and against'
the Defendants in an amount in excess of $30,000.
-5-
200090900017
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K ~thip- t:rit~ v
Shatter T",r.:Jring-r Ine.. And Frederick PAlmer
28. All prior paragraphs are incolJ'Orated as though fully set forth herein.
29. Plaintiff Kathie Critser suffered serious bodily injury, pain and suffering,
and other injuries as a result of the incidents herein described including those injuries set
forth in the medical reports and records previously supplied to the Defendants.
30. By reason of the aforesaid injuries sustained by Plaintiff Kathie Critser,
she was forced to incur liability for medical trealment, medications, hospitalizations and
similar niiscellaneous expenses in an effort to restore herself to health, and claim is made
therefor.
31. Because of the nature of her injuries, Plaintiff Kathie Critser bas been
advised, and therefore, avers that she may be forced to incur similar expenses in the
future, and claim is made therefor.
32. A3 a result of the aforementioned injuries, Plaintiff Kathie Critser has
undergone and in the future will undergo great physical and mental suffering, great
inconvenience in canying out her daily activities, loss of life's pleasures and enjoyment,
and claim. is made therefor.
33. A3 a result of the aforesaid injuries, Plaintiff Kathie Critser has been ~d
in the future will be subject to 8reat humiliation and embarrassment, and claim is made
therefor.
34. A3 a result of the aforementioned iIYuries, Plaintiff Kathie critser bas
sustained work loss, loss of opportunity and a permanent diminution of her earning pOwer
and capacity, and claim is made therefor.
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35. As a IeSUlt of the aforesaid injuries, Plaintiff Kathie Critser bas sustained
uncompensated work loss, and claim is made therefor.
36.. Plaintiff Kathie Critser continues to be plagued by persistent pain and
limitation and, therefore, avers that her injuries are of a permanent nature, causing
residual problems for the remainder of her lifetime, and claim is made therefor.
Wherefore Plaintiff Kathie Critser demands judgment in her favor and against the
Defendants in an amount in excess of$30,OOO.
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Respectfully Submitted,
.Metz
: 3 958
Counsel for Plaintiffs
KILUON & METZ
214 Pine Street
Harrisburg, PA 17101
(717) 232.0879
-7.
200090 9QOOj 7.
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AFFIDAVIT
. t hereby aver that the statements made in the attached Complaint
are true, based on knowledge and belief. r make this Affidavit subject
to th~ penalties for unsworn falsification to authorities at 18 Pa.
C.S. S .4904.
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AFFIDAVIT
. i hereby aver that the statements made in the attached Complaint
are true, based on knowledge and belief. I make this Affidavit sUbject
to th~ penalties for unsworn falsification to authorities at 18 Pa.
C.S. 54904.
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LAW OFFICES
JOHN F. FOX, JR.
ATTORNEY AT LAW
1310 TWO PENN CENTER PLAZA
15TH & JOHN F. KENNEDY BOULEVARD
PffiLADELPHIA, PENNSYL VANIA 19102
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JOHN F. FOX, JR.
JOSEPH A. GUINAN, IlI*
TELEPHONE (215) 568-6868
FASCIMILE (215) 568-2352
E-MAIL: foxlaw@ix.netcom.com
Montgomery County
607 Anthony Drive
Plymouth Meeting, P A ] 9462
Telephone No. (6 I 0) 834-3848
* Also Member of N.J. Bar
July 17, 2000
VIA FEDERAL EXPRESS
The Prothonotary
York County Court of Common Pleas
York County Courthouse
28 East Market Street
York, PA 17401
RE: Paul W. Nye, Jr., et al. vs. Shaffer
Trucking, Inc., et al.
CCP: York County - No. 2000 SU 02713-01
Dear Sir/Madam:
Enclosed please find an original and one copy of defendants
Shaffer Trucking, Inc. and Frederick P. Palmer's Preliminary
Obj ections to Plaintiffs' Complaint with respect to the above-
captioned matter.
Kindly file the original and time-stamp the copy, forwarding
same to my attention in the enclosed, self-addressed stamped en-
velope.
If you should have any questions, please do not hesitate to
contact me.
Thank you for your consideration in this matter.
Very truly yours,
f~, #,~ ?r.
JOHN F. FOX, JR.
JFF/db
Encls.
cc: Joseph U. Metz, Esquire (w/encls.)
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LAW OFFICES OF JOHN F. FOX, JR.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center Plaza - #1310
Philadelphia, PA 19102
(215) 568-6868
PAUL W. NYE, JR., and
KATHIE CRITSER
vs.
SHAFFER TRUCKING, INC. and
FREDERICK F. PALMER
I.:
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Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P.palmer
COURT OF COMMON PLEAS
YORK COUNTY
Civil Action - Law
NO. 2000-SU-027l3-0l
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of defendants Shaffer
Trucking, Inc. and Frederick P. Palmer in the above-captioned
matter.
Date:
"'1,1,- /)1)
LAW OFFICES OF JOHN F. FOX, JR.
By: JJt!!~ L~'( JJr., Esquire
Attorney for Defendants,
Shaffer Trucking, Inc. and
Frederick P. Palmer
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IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
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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 ~thin 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.
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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.
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Lawyer Referral Service of the York County Bar Association
York County Bar Center
137 East Market Street
York, Pennsylvania 17401
(717) 854-8755
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IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
Paul W. Nye, Jr. and Kathie Critser,
Plaintiffs
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Shaffer Trucking, Inc.
and Frederick P. Palmer,
Defendants
COMPLAINT
Comes the Plaintiffs Paul W. Nye, Jr. and Kathie Critser and set forth the
following as their complaint in the above-captioned action:
PARTIES
I. Plaintiff Paul W. Nye is a resident of York County, Pennsylvania with an
address of34 Walmar Manor, Dillsburg, PA 17019.
2. Kathie Critser is a resident of York County, Pennsylvania with an address
of34 Walmar Manor, Dillsburg, PA 17019.
3. Defendant Shaffer Trucking is a corporation with an address of 100 NW
56th Street, Lincoln, Nebraska 68528 and a local address of 44 East Main Street, New
Kingston, Pennsylvania.
4. Defendant Frederick P. Palmer is an individual with an address of 55
Scenic Drive, Lebanon, Connecticut 06249.
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FACTUAl, BACKGROlJND
5. On or about February 4, 1999 Plaintiffs Nye and Critser were headed
northward on Route 15 in Silver Spring Township, Cumberland County, Pennsylvania in
their 1991 Toyota pickup truck.
6. At that same time Frederick Palmer was about to cross Route 11 from the
Shaffer Trucking lot to Dauphin Drive proceeding westward across Route 11. Palmer
was driving a Shaffer-owned truck displaying Shaffer signs and emblems.
7. Frederick Palmer's exit from the Shaffer Trucking lot was controlled by a
miniature stop sign installed by Shaffer Trucking indicating he should stop until he could
safely proceed across Route 11. Additionally, Palmer's exit from the Shaffer Trucking
lot was controlled by the rules of the road of the Pennsylvania Motor Vehicle Code which
compelled him not to cross Route 11 until he could do so safely.
8. At the time of this accident Palmer was an employee or agent of Shaffer
Trucking in the course of his duties.
9. Palmer proceeded past the stop sign controlling his intersection and
collided with the left side of the Nye vehicle as it proceeded northward on Route 11.
10. Palmer failed to yield to the Nye vehicle on Route 11 at the intersection
with Dauphin Drive as required by law.
11. As a result of the aforesaid collision the Plaintiffs suffered considerable
and severe iIUuries which have caused them great physical, economic, and other losses,
including great emotional distress.
12. Among other injuries caused by this accident, Plaintiff Paul Nye, Jr., has
suffered a lesion of his cervical spine which has damaged his spinal cord and caused him
to permanently walk with a spastic gait.
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13. Among other injuries caused by this accident, Plaintiff Kathie Critser
suffered large recurrent disc herniation which limits her mobility and endurance.
14. Both Plaintiffs have undergone back operations as a result of this accident.
15. Plaintiffs are the owners of, or are covered by, a full tort automobile
insurance policy with Erie Insurance Company.
16. The collision and resultant injuries to Plaintiffs were caused by the
negligence, inattentiveness, and recklessness of Frederick P. Palmer as set forth in this
complaint. Palmer's negligence consisted of inter alia:
(a) Failing to pay adequate attention to the roadway ahead of him;
(b)
(c)
(d)
(e)
(f)
(g)
Failing to control his vehicle in a safe and reasonable manner;
Engaging in careless driving and violating the Pennsylvania Motor
Vehicle Code as set forth in Section 3714 thereof;
Failing to obey a traffic sign and proceeding through it in violation
of Pennsylvania Motor Vehicle Code, Sections 3111 & 3323;
Failing to exercise due care in the operation of his motor vehicle;
General negligence and recklessness in inattentively causing
damage to the Plaintiffs,
Failing to properly yield the right of way at an intersection in
violation of Pennsylvania Motor Vehicle Code, Sections 3321 &
3324,
(h) Failing to observe the Nye vehicle as it proceeded with the right of
way along Route 11 North,
(i) Failing to yield to a vehicle on a major roadway at an intersection
with a minor roadway in violation of Pennsylvania Motor Vehicle
Code, Sections 3321 & 3324, and
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G) Failing to keep a proper watch for traffic on the highway.
17. Shaffer Trucking is vicariously and directly liable for Palmer's actions
described in the Complaint to this point as his employer or master and also because of its
actions in maintaining him as its agent and servant.
18. Shaffer Trucking's negligence and recklessness substantially caused
Plaintiffs' injuries by:
(a) Its failure to post an adequate stop sign at the intersection of its lot
and Route 11;
(b) Its failure to adequately control Palmer from driving in a negligent
and careless manner;
( c) Its failure to monitor Palmer more closely;
(d) Its failure to maintain its property safely at the intersection of its lot
with Route II.
Count I
Paul W. Nye. Jr. v.
Shaffer Trucking, Inc., and Frederick Palmer
19. All prior paragraphs are incorporated as though fully set forth herein.
20. Plaintiff Paul W. Nye, Jr. suffered serious bodily injury, pain and
suffering, and other injuries as a result of the incidents herein described including those
injuries Set forth in the medical reports and records previously supplied to the Defendants.
21. By reason of the aforesaid injuries sustained by Plaintiff Paul W. Nye, he
was forced to incur liability for medical treatment, medications, hospitalizations and
similar miscellaneous expenses in an effort to restore him to health, and claim is made
therefor.
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22. Because of the nature of his injuries, Plaintiff Paul W. Nye has been
advised, and therefore, avers that he may be forced to incur similar expenses in the future,
and claim is made therefor.
23. As a result of the aforementioned injuries, Plaintiff Paul W. Nye has
undergone and in the future will undergo great physical and mental suffering, great
inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment,
and claim is made therefor.
24. As a result of the aforesaid injuries, Plaintiff Paul W. Nye has been and in
the future will be subject to great humiliation and embarrassment, and claim is made
therefor.
25. As a result of the aforementioned injuries, Plaintiff Paul W. Nye has
sustained work loss, loss of opportunity and a permanent diminution of his earning power
and capacity, and claim is made therefor.
26. As a result of the aforesaid injuries, Plaintiff Paul W. Nye has sustained
uncompensated work loss, and claim is made therefor.
27. Plaintiff Paul W. Nye continues to be plagued by persistent pain and
limitation and, therefore, avers that his injuries are of a permanent nature, causmg
residual problems for the remainder of his lifetime, and claim is made therefor.
Wherefore Plaintiff Paul W. Nye, Jr. demands judgment in his favor and against
the Defendants in an amount in excess of $30,000.
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Count 2
Kathie Critser v.
Shaffer Trucking, Inc., and Frederick Palmer
28. All prior paragraphs are incorporated as though fully set forth herein.
29. Plaintiff Kathie Critser suffered serious bodily injury, pain and suffering,
and other injuries as a result of the incidents herein described including those injuries set
forth in the medical reports and records previously supplied to the Defendants.
30. By reason of the aforesaid injuries sustained by Plaintiff Kathie Critser,
she was forced to incur liability for medical treatment, medications, hospitalizations and
similar miscellaneous expenses in an effort to restore herself to health, and claim is made
therefor.
31. Because of the nature of her injuries, Plaintiff Kathie Critser has been
advised, and therefore, avers that she may be forced to incur similar expenses in the
future, and claim is made therefor.
32. As a result of the aforementioned injuries, Plaintiff Kathie Critser has
undergone and in the future will undergo great physical and mental suffering, great
inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment,
and claim is made therefor.
33. As a result of the aforesaid injuries, Plaintiff Kathie Critser has been and
in the future will be subject to great humiliation and embarrassment, and claim is made
therefor.
34. As a result of the aforementioned injuries, Plaintiff Kathie Critser has
sustained work loss, loss of opportunity and a pennanent diminution of her earning power
and capacity, and claim is made therefor.
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35. As a result of the aforesaid injuries, Plaintiff Kathie Critser has sustained
uncompensated work loss, and claim is made therefor.
36.. Plaintiff Kathie Critser continues to be plagued by persistent pain and
limitation and, therefore, avers that her injuries are of a permanent nature, causing
residual problems for the remainder of her lifetime, and claim is made therefor.
Wherefore Plaintiff Kathie Critser demands judgment in her favor and against the
Defendants in an amount in excess of$30,000.
Respectfully Submitted,
s . Metz
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Counsel for Plaintiffs
KILLION & METZ
214 Pine Street
Harrisburg, PA 17101
(717) 232-0879
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AFFIDAVIT
1 hereby aver that the statements made in the attached Complaint
are true, based on knowledge and belief. I make this Affidavit subject
to th~ penalties for unsworn falsification to authorities at 18 Pa.
C.S. ~ 4904.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Paul W. Nye, Jr.
and Kathie Critser
Plaintiffs
v.
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No. 00=69%-
CIVIL
Shaffer Trucking, Inc.
and Frederick Palmer
Defendants
DISCONTINUANCE
Please discontinue this case and mark it as settled.
Respectfully submitted,
, Esquire
C el laintiffs
KILLION & METZ
214 Pine Street
Harrisburg,PA 17101
(717) 232-0879
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