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HomeMy WebLinkAbout01-2883 FX MAFFETT 8- ASSOCIATES By: Richard F. Maffett. .Jr" Esquire Attorney I.D, #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiffs SUSAN E. FARLING and JAMES F. FARLING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- :2.PI'..3 C'vd<-Y-~ v SHAFFER TRUCKING, INC. and KURT A. LEESE, Defendants 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 claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ,'"'!':I" .,~ "T" .' ",,' .., .j-' [ -1"'-' -'1 I~r - - NOTICIA LE RAN DEMANDADO A US TED 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAHENTE. SI NO TIENii: ABOGAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAHE POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 "'I-P'i! " ~, > --"~ "',., ,. " -" 'I-I T ",I -,r,- , ........................................................................................... SUSAN E. FARL:ING and i :IN THE COURT OF COMMON PLEAS JAMES F. FARL:ING, CUMBERLAND COUNTY, PENNSYLVAN:IA Plaintiffs NO. " I" ;;[/ff 3 ~ I UAv\.... v SHAFFER TRUCK:ING, :INC. and i C:IV:IL ACT:ION - LAW ...::~...;.~~;;;.;~~........................................l JURY TR:IAL DEMANDED COMPLA:INT AND NOW, this 11n. day of May, 2001, comes the Plaintiffs, SUSAN E. FARLING and JAMES F. FARLING, by the~r attorney, Richard F. Maffett, Jr., Esquire, of Maffett & Associates, and respectfully represent the following: 1. Plaintiff, Susan E. Farling is an adult individual residing at 7043 Carlisle Pike, Lot 300, Carlisle, Cumberland county, Pennsylvania. 2. Plaintiff, James F. Farling is an adult individual residing at 7043 Carlisle Pike, Lot 300, Carlisle, Cumberland county, Pennsylvania. 3. Defendant, Shaffer Trucking, Inc. is a Pennsylvania corporation, with a business address of P.O. Box 418, New Kingstown, Cumberland county, Pennsylvania, and which regularly conducts business in Cumberland County, Pennsylvania. ~,- '" " .N . ~",,' __ ~ ~ - ~, . , ., T~~' 4. Defendant, Kurt A. Leese is an adult individual residing at 16 Monarch Lane, Mechanicsburg, Cumberland County, pennsylvania. 5. On May 12, 1999, at about 9:12 a.m., Plaintiff Susan E. Farling was operating her automobile on the Carlisle Pike (State Route 11) in the right northbound lane, and was stopped for a red traffic light at the intersection with Silver Spring Road (State Route 1011), in Silver Spring Township, Cumberland County, PA. 6. At the aforesaid time and place, a Capital Area Intermediate Unit school bus was also in the right northbound lane of the Carlisle pike (State Route 11) and was stopped for the red traffic light at the intersection with Silver Spring Road (State Route 1011), immediately to the rear of the automobile driven by Plaintiff Susan E. Farling. 7. At the aforesaid time and place, Defendant Kurt A. Leese was operating a tractor trailer, owned by Defendant Shaffer Trucking, Inc., also in the right northbound lane of the Carlisle Pike (State Route 11) at the intersection with Silver Spring Road (State Route 1011) immediately to the rear of the Capital Area 2 ,-,,~ _, :-,. r -. ,-, ." "",, '~~.<, , --, 'I'Tj "! rl Intermediate unit school bus, being the second vehicle to the rear of the automobile operated by plaintiff Susan E. Farling. 8. At the aforesaid time and place, while Plaintiff Susan E. Farling's auto and the Capital Area Intermediate Unit school bus were still stationary at the traffic signal at the intersection of the Carlisle Pike and Silver Spring Road, Defendant Kurt A. Leese drove his tractor trailer into the rear of the school bus, which said impact caused the front of the school bus to strike the rear of Plaintiff's auto, as a result of which, Plaintiff Susan E. Farling suffered severe physical injury. COUNT ONE 9. Plaintiffs incorporate by reference the averments of Paragraphs I through 8 above, as fully as though herein set forth at length. 10. Defendant Kurt A. Leese owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate his tractor trailer in such a way as not to cause harm or damages to said other persons and to Plaintiff Susan E. Farling in particular. 3 '"lO'~"I_ '..,. ,-" --,- "r " . , .r_ 11. The collisions and all of the injuries and damages hereinafter related are the direct result of the careless, reckless, and negligent manner in which Defendant Kurt A. Leese operated his tractor trailer as follows: (a) failing to maintain adequate control over his vehicle; (b) failing to properly observe other traffic, and acting without due regard for the position of the other vehicles on the roadway, including Plaintiff's; (c) following too closely at an excessive rate of speed; (d) failing to apply his brakes in time to avoid striking other vehicles; (e) traveling too fast for conditions; and (f) and, in otherwise operating his vehicle in a manner endangering persons and property, and with careless disregard for the rights and safety of others, in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 12. As a direct and proximate result of the aforesaid collision, Plaintiff suffered injuries including, but not limited to, the following: (a) cervical sprain/strain; 4 """.~,., "~~r-. """ - " . "'l" r ~, I ., '" .,- ~ (b) torn right rotator cuff; (c) bilateral carpal tunnel syndrome; (d) lumbar strain/sprain; and (e) multiple contusions to the chin, sternum, shoulders and hips. 13. As a result of the injuries she received caused by the aforesaid collision, Plaintiff Susan E. Farling has in the past, and may incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 14. As a further result of the aforesaid collision, Plaintiff Susan E. Farling has suffered a loss of earnings, and impairment of her earning capacity and power, and claim is made therefore. 15. As a further result of the aforesaid collision, Plaintiff Susan E. Farling has suffered permanent diminution of her ability to enjoy life and life's pleasures. 16. As a result of the injuries she received caused by the aforesaid collision, Plaintiff Susan E. Farling has undergone in 5 "'i"l'_:n "-'--1''''-' ~- - ,..,., ',",,- 1'1 the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 17. As a direct and proximate result of the aforesaid collision, the Plaintiff Susan E. Farling has incurred other financial expenses and/or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff Susan E. Farling demands judgment against Defendant Kurt A. Leese in an amount in excess of Thirty- Five Thousand ($35,OOO.OO) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT TWO: 18. Plaintiffs incorporate by reference the averments of Paragraphs 1 through 17 above as fully as though herein set forth at length. 19. At all times material and relevant to this Complaint, Defendant Kurt A. Leese was acting as an employee, servant and agent of the Defendant Shaffer Trucking, Inc. and was engaged in 6 i-'~:a,;,;=~ ~', ,~ -- r _I "1 -11"1 C_-,,,~I'~ said Defendant's business and within the scope of his employment with said Defendant Shaffer Trucking, Inc. 20. Defendant Shaffer Trucking, Inc., as the employer of Defendant Kurt A. Leese, is liable to Plaintiffs under the theory of respondeat superior for the Defendant Kurt A. Leese's negligence, as set forth herein above. 21. Defendant Shaffer Trucking, Inc., jointly and severally, as the employer of Defendant Kurt A. Leese, was negligent and reckless by knowingly and intentionally failing to properly select, train, and supervise their driver, Defendant Leese. WHEREFORE, Plaintiff Susan E. Farling demands judgment against Defendant Shaffer Trucking, Inc. in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT THREE 22. Plaintiffs incorporate by reference the averments of Paragraphs 1 through 21 above as fully as though herein set forth at length. 7 "J~" ^ ." n M."" t , "" ,~ ! wo 23. plaintiffs, Susan E. Farling and James F. Farling, are husband and wife. 24. As a result of the Defendants' negligence as set forth above, resulting in injuries to Plaintiff Susan E. Farling, as detailed above, Plaintiff James F. Farling has been deprived of the consortium, assistance and society of his wife, Susan E. Farling, all of which has been to his great damage loss. WHEREFORE, Plaintiff James F. Farling demands judgment against Defendants in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, JlA/11 {!#{p;/ Richard F. Maffe ,Jr, Esq. 8 i'~l'nl,~_^., "-or ~- ~.- , _ _ c. ., - ,^ -,- c" 1'-, VERIFICATION I, SUSAN E. FARLING, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. !!4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. !!4904. Dated: r:- / 1- t'J / ff --,~' ", "~--. " , 'e, - . . VERIFICATION I, JAMES F. FARLING, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. ~4904. Dated: f:'~H to \ ~~~~ ES F. FARLING, P~iff -~ '_ ~"" r."_7 ~~_d,' ~< , _', I '_ ~~ - r_r 1 ,. , _. .. .. MAFFETT & ASSOCIATES By: Richard F. Maffett. Jr" Esquire ID #35539 2201 North Second Street Harrisburg. PA 17110 717-233-4160 Attorneys for Plaintiffs SUSAN E. FARLING and JAMES F. FARLING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2883 CIVIL TERM v CIVIL ACTION - LAW SHAFFER TRUCKING, INC. and KURT A. LEESE, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard F. Maffett, Jr., Esquire, do hereby certify that I served the Complaint in the above-captioned matter upon the Defendants, Shaffer Trucking, Inc. and Kurt A. Leese, by mailing a true and correct copy of the same by first class mail, at Harrisburg, Pennsylvania, on May 11, 2001 addressed to: Michael Hikes, Risk Manager Transportation Claims P.O. Box 580 New Kingstown, PA 17072 Said Complaint was received by Michael Hikes on behalf of the Defendants, on May 14, 2001, as evidenced by the Acceptance of Service attached hereto and signed by Michael Hikes. Dated: ~(A\ \ ~ , 2001 RiC!!::1. [ii:;J1t:} Esquire Sworn to and sub~~~bed before me this \<6' day of May, 200l. € ~AtvJ ~lJ~ NOTARIAL EAL EL~EN ROS~NBLOOM, Notary Public City of Hamsburg, Dauphin County M 'Commlssion Ex ires Ma 8, 2003 ,,~.~ 'I ,. -^ n, _ ,,_~ r'l . R ,I ". . ... .. ................................................................................................. SUSAN E. FARLING and IN THE COURT OF COMMON PLEAS JAKES F. FARLING, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v i NO. 01-2883 Civil Term SHAFFER TRUCKING, INC. and : CIVIL ACTION - LAW ...:=~....;~~~;;.;.;~~..................,...........................1 JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Michael Hikes, Risk Manager for Transportation Claims, aver that I have been given authority by the Defendants Shaffer Trucking, Inc. and Kurt A. Leese to accept service in the above- captioned matter and do hereby accept service on behalf of Defendants Shaffer Trucking, Inc. and Kurt A. Leese of the Complaint filed in the above matter on May 11, 2001, and acknowledge receipt of a true and correct copies of said -rI /'1/ day of //lit y' I , 2001. Complaint this MICHAEL HIKES, TRANSPORTATIO SK MANAGER CLAIMS ~ .B"l~rw" 'I._I'". 1-' -, , ,I .', ,- "' -~ '" ~ _ ,f!HII .. .. """" ~,-,''!f'>J! 1"---- 'H"-' ~__'_"'__'___." ^~".,~ '~'--~~--'_~_'..",.,.~ ~ 0 ,~ ~.~-/ ( ) C "1', <' "1:] 0; m []-'. < -; Z :.....) en -< 1;:: \.....j '.1:-) ..> .J-."" C) -7 >' (J ".. C ""- "".) "... -j ,. -< rc.) -- -< '" lr "inn!!"" (~~~~~~i~I\!&"'"'i\;)'("""!'*'-"""~'_'''>'7,-',',&c;_ '_T"Z"'-"""~O'-f""..w"~r;;"w~",~"'-Fi"ll""Hf;;::"';<""'''I~\_!fflI~!,,; " ... " .... SUSAN E. FARLING and JAMES F. FARLING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, DOCKET NO.: 01-2883 SHAFFER TRUCKING, INC. and KURT A. LEESE, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Shaffer Trucking, Inc, and Kurt A. Leese, in the above captioned action. PETERS & W ASILEFSKI By: , . I Date: sj31o/ De Ii J. Bonetti, Esquire Attorney I.D, #34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Counsel for Shaffer Trucking, Inc, and Kurt A. Leese " ~~," '" " . ^' .~,. - ,,, ~ " ~ ,~ "^,'" < ." ..,. - .. ..... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this 30-1/; day of ~ , 2001, addressed as follows: Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 PETERS & W ASILEFSKI ~.R~~ ';t;~,,"! " . 1,~~"1" _,_".",,~"''j_H _, F_' 'cO _lrn- ~, _, '""_'" ' - c ., '--'"'' IP., ~. ." ", SUSAN E. FARLING and JAMES F. FARLING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, DOCKET NO.: 01-2883 SHAFFER TRUCKING, INC. and KURT A. LEESE, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants STIPULATION IT IS HEREBY STIPULATED, by and through counsel for the respective parties that Paragraph 11(f) is stricken from the Complaint. Denni J. Bonetti, Esquire Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Date: 7/;r1/1/ I Richard F. Maffett, J ., Es Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Date: 7)0/ "':'~t , '^~-,., ~ "".0' "'1.<'_, --, , ' ~ r - ,l~! ." d ~ .- '''~~-,~- ~ ... ... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Petition has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, fust class, postage prepaid, in Harrisburg, Pennsylvania, on this e;J..!!>~ day of -M--, 2001, addressed as follows: Richard F, Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 PETERS & W ASILEFSKI C/7'Y//J/lI12. ~. -":,,,,-:->,_ ~ _ .-" "'0 c,~ . . "=_.,,~_ oc~_ -~-"' , .."' -~ ,-- ~" - . IJ!, &ll ~f'""= "-..," ~, <" ,',;'-'.,,- -" I.'. ',-,;..., ,--.,"'0. _ ;Jt ;:f:~:""'fi'j~f'A'-'j'}1i<'i'~Y~;6f':' :';~,~\~ej,;_;;:' r:~"'!VtFrkt'l!";T~i;~:'t~~~y~~~~'~1-i~5:;::iFj ... ... . HI: , ,. -'''''1.~'f'~ ~","~"""'Il!m~_,"~"~. ___~~".,r;w,Wl'",*,~J'ii0'-j~"'{''''',,"'H'1i;'i(-iI!if'i:l\il'"~~'~1ll!i~%~1[I!Il~m~~~',;;, ',-') l.'" ''"'ii'F-''~ ~ffifi'~=" . - J r rmr SUSAN E, FARLING and JAMES F. FARLING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. DOCKET NO,: 01-2883 SHAFFER TRUCKING, INC, and KURT A. LEESE, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD To: Plaintiffs, Susan E. Farling and James F. Farling, c/o their counsel, Richard F. Maffett, Jf., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ASILEFSKI By: Date: 7lzslrJ ( De 's J. Bonetti, Esquire A orney J.D. #34329 2 31 North Front Street Harrisburg, PA 17110 717-238-7555 Counsel for Defendants, Shaffer Trucking, Inc. and Kurt A. Leese -"0,_=.___" ~,__.~ "._0" ___~,__~~.., __T.V."" ~.~" ____".' '". ~,_ ~,,<, _".. -,'~,~ C_'._" -l'.^ _ _. '." ",,--, ,-- '" ~, 'c ,~ '~T '~T -'ii SUSAN E. FARLING and JAMES F. FARLING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, DOCKET NO.: 01-2883 SHAFFER TRUCKING, INC. and KURT A. LEESE, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTER AND NOW, comes Defendants, Shaffer Trucking, Inc. and Kurt A, Leese (hereinafter "Defendants") by and through their counsel, Peters & Wasilefski, and hereby files the following Answer to Plaintiffs' Complaint: 1, Denied, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 1 and the same is therefore denied. 2. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 1 and the same is therefore denied. 3. Admitted. 4. Admitted. 5. Denied. The averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e), :;~_l",_. _~ ~~",,,'~_~_"~~_~_",o ,___". _,.". ~,,"' .....,_ . '''' "'i~'l:l- 6. Denied. The averments contained in paragraph 6 are denied pursuant to Pa.R.C.P, 1029(e). 7. Admitted in part and denied in part. It is admitted that Defendant, Kurt A. Leese was operating a tractor-trailer owned by Defendant, Shaffer Trucking, Inc, The remaining averments contained in paragraph 7 are denied pursuant to Pa,R.C.P. 1029(e). 8. Denied. The averments contained in paragraph 8 are denied pursuant to Pa,R.c.p. 1029(e). COUNT ONE 9, Denied. Defendants hereby incorporate their answer to paragraphs 1 through 8 as though the same were fully set forth herein at length. 10. Denied. The averments contained in paragraph 10 are denied pursuant to Pa.R.C,P. 1029(e). To the extent a further answer is required, Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 10 state conclusions of law to which no answer is required. 11. Denied. The averments contained in paragraph 11, including subparagraphs (a) through (t), are denied pursuant to Pa.R.C.P. 1029(e). To the extent a further answer is required, Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 11, including subparagraphs (a) through (t), state conclusions of law to which no answer is required. "'\-,." _~,n . ,-"" - ",on T '__ 12. Denied. The averments contained in paragraph 12, including subparagraphs (a) through (e), are denied pursuant to Pa.R.C.P, 1029(e). To the extent a further answer is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 12, including subparagraphs (a) through (e), and the same is therefore denied. 13, Denied, The averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 13' and the same is therefore denied. 14. Denied. The averments contained in paragraph 14 are denied pursuant to Pa,R.c.p, 1029(e), To the extent a further answer is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 14 and the same is therefore denied. 15. Denied. The averments contained in paragraph 15 are denied pursuant to Pa,R.C.P, 1029(e). To the extent a further answer is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 15 and the same is therefore denied, 16. Denied. The averments contained in paragraph 16 are denied pursuant to Pa.R.C.P, 1029(e). To the extent a further answer is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 16 and the same is therefore denied. " iL 1 U ~ . ,.. ,., ~- 17, Denied. The averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 17 and the same is therefore denied. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff without costs, COUNT TWO 18. Denied. Defendants hereby incorporate their answer to paragraphs 1 through 17 as though the same were fully set forth herein at length. 19. Admitted. 20, Denied. The averments contained in paragraph 20 are denied pursuant to Pa.R.C,P. 1029(e). To the extent a further answer is required, Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 20 state conclusions of law to which no answer is required. 21. Denied. The averments contained in paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). To the extent a further answer is required, Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 21 state conclusions of law to which no answer is required. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs without costs. -"-'.,. ~.^ ~ ., '-"- "'- ': "- ~TI_ if j , :'1 j;,-JFlJ. ",_ COUNT THREE 22. Denied. Defendants hereby incorporate their answer to paragraphs 1 through 21 as though the same were fully set forth herein at length. 23. Denied, The averments contained in paragraph 23 are denied pursuant to Pa,R.C.P, 1029(e). After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 23 and the same is therefore denied, 24. Denied. The averments contained in paragraph 24 are denied pursuant to Pa.R.C.P, 1029(e). Defendants are advised by counsel and therefore avers that the allegations contained in paragraph 24 state conclusions of law to which no answer is required. By way of further answer, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 24 and the same is therefore denied. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs without costs. NEW MATTER 25, Plaintiffs' claims may be barred by the applicable statute of limitations. 26. Any damages Plaintiffs may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Responsibility Act, as amended. ",. -~ '"" .~_ _w 27. Plaintiffs' alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of third parties other than Defendant. 28, Plaintiffs' alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation. 29, Plaintiffs' claims are reduced or barred by the Comparative Negligence Act. Plaintiffs' contributory negligence consisted of, but is not limited to: a. Failing to keep a proper lookout; b. Failing to pay attention to vehicles on the roadway; and c, Failing to take evasive maneuvers in an attempt to avoid the alleged impact. 30. Discovery may reveal that Plaintiffs' claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. '~_ ; I;ij o ~~ _ ~,~ .v , ~1>~''']'~ ~ WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs, without costs. P is fr ASILEFSKI ; I II . I J' By: i J. Bonetti, Esquire Art ney I.D. #34329 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Counsel for Defendants, Shaffer Trucking, Inc. and Kurt A. Leese D,~ 7/Z5/O I " ~ - -" - ~ _" e e ~_ - """'''''''''''', ..- - .. .^ "" ~- '~'~!1 . VERIFICATION I hereby affmn that the following facts are correct: I am the Defendant in this matter. The attached Answer and New Matter to Plaintiffs' Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Answer and New Matter to Plaintiffs' Complaint is that of counsel and not of me. I have read the Answer and New Matter to Plaintiffs' Complaint and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter to Plaintiffs' Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter to Plaintiffs' Complaint are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities. Date:~t'~ .~~. /Kurt A, Lees r t;;'{1' i:L.,,,"... . ,. ".", ~ - . ~- ~__ ~C~,~ -~ , ~ . VERIFICATION I hereby affirm that the following facts are correct: I am the Defendant in this matter. The attached Answer and New Matter to Plaintiffs' Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Answer and New Matter to Plaintiffs' Complaint is that of counsel and not of me, I have read the Answer and New Matter to Plaintiffs' Complaint and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter to Plaintiffs' Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter to Plaintiffs' Complaint are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7 ,h.f/o I n(~/#- /?Je/Q~d Shaffer Truckin , #0. t.c,. ~ ."""', ,,_",c_~~,~,,", . .'-, -'-~ !!,~,<<' ~" CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer with New Matter has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this rflM day of H ' ,2001, addressed as follows: Richard F, Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 PETERS & W ASILEFSKI ~~~ "_'-~" r,., . ~ . "'",. _"_ . ^ _ ___~ .._n__'_ _ ,,- -~ -" '" " - ". " , " ~ "'l 6- '9v W~ ~ ~"r" - __:_ r-- 1<" ~-,- -?- ~~ --.-,,-- . "-~""_'-',," ,- .",~,,", -;,'~ ':'"1lFt1Cl-ifffli,. !"'''''1-;''Y~rt -'r_::Jlr"'_;l"""fr-\'_~~1~K'~-' ~~"~'I)'~'~Wt , , r,-, ,FfW:~jl'II\I_~.." _~~m~~ 0 J!I!lj'W!8!1!~~'~\Wm:~'1!iC".~".\_~:;'YJ-P"~1'\Y&"''''~''';;o:Pf("'","&fll'!I!'l~<'~f'&Ii'lJ~,fflf!il'''IiW~~,,"'I'~~I.$!tI');!~!'X\lt,~_,~~.,_~;g.. . Richard F; Maffett. Jr" Esquire Attorney I.D. #35539 2201 North Second Street Harrisburg. PA 17110 (717) 233-4160 Attorneys for Plaintiffs SUSAN E. FARLING and JAMES F. FARLING, Jillaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2883 v SHAFFER TRUCKING, INC. and KURT A. LEESE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW, this <)+1., day of tv~O~b'V' , 2001, comes the Plaintiffs by their attorney, Richard F. Maffett, Jr., Esquire, and in response to Defendants' New Matter submits the following: 25. Denied. This Paragraph is a conclusion of law to which no response is required. 26. Denied. This Paragraph is a conclusion of law to which no response is required. 27. Denied. All of Plaintiffs' injuries and damages were caused solely by the negligent acts and/or omissions of Defendants, as more fully set forth in Plaintiffs' Complaint, and ,,~jimt)l! ,.~ , ", , ,. 11 ~ -r ~1, . were not caused, in whole or in part, by any acts and/or omissions of third parties other than Defendants. 28. Denied. All of Plaintiffs' injuries and damages were caused by the subject accident involving Defendants and not by any pre-existing condition, nor by any other event. 29. Denied. This Paragraph is a conclusion of law to which no response is required. To the extent that a response may be deemed to be required, it is denied that either Plaintiff was contributorily negligent in any fashion. Plaintiff Susan E. Farling at all times kept a proper lookout, and/or paid proper attention to all vehicles on the roadway. It is denied that there were any evasive maneuvers that Plaintiff Susan E. Farling could have taken in an attempt to avoid the impact caused solely by Defendants. 30. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiffs request that Defendant's New Matter be dismissed and judgment be entered in favor of Plaintiffs. Respectfully submitted, ~F. ~;I:1!~f"q -',--~~-", '-f - , " . VERIFICATION I, SUSAN E. FARLING, have read the foregoing Plaintiffs' Reply To Defendants' New Matter and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. ~4904. SUSAN E. FARL Dated: ///-/8"-tJl ,:, :-,'1_~, .,~ - , =1 I , ' 1. ,~ 1'1 ~~p . CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Reply To Defendants' New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Dennis J. Bonetti, Esquire Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Dated: 1/ I 'S' JOI Rifl14. ~;;::1f!: k.q. ',_~"l~!\$'t~ . ,,- '1.''''11' '-'1"'; ,_, _ ~- '__I , -,1" - - ~. iii ~ ~ ",,~~ ..,..". ~ ~~~ '" ml!l_",,- JWi!!'lI'~!9.T>f~l~;Il''''''-~___~''-''~F,~''l'!i''~~iM_J; ~..~~ . .._~....,'-, $'~""'~"'llil~""n"mittff"fI"'1'J''IT'' () C) 0 C --r1 -. 2': -r' ;.:.; n~f~~-i 1:::.:1 "'1 Z:J <C,C: /, r,:_ I (;) C-", -< -~ ~ \....- r'!:J ::> C) .-- ;-::: ::.,-::: () !'.) 9 ,- C L ::,.' ):t: ::::! :J:J ...J -< IYFWll~'''l'%''''''''';'C+!'''"'''7'MW'-I;'W'';''',<,"'-i';)~-t'''-'' ,':~"":~I';P"'<"""'''::<'~~-:tWt!;-?U''t.'''_~t''''I!''i1'''fF!l!iOi~Ji!!f~\%~)tIt~", ~ ' - --'>- SUSAN E. FARLING and JAMES F. FARLING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. DOCKET NO.: 01-2883 SHAFFER TRUCKING, INC, and KURT A. LEESE, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants, Shaffer Trucking, Inc. and Kurt A. Leese, in the above-captioned action, By: I jZ2jO Y Date: PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Shaffer Trucking, Inc, and Kurt ilzY/OLI By: J/' De Arney LD. #34329 1017 Mumma Road Lemoyne, PA 17043-1145 (717) 975-9600 A. Leese, in the above-captioned action, Date: '1~ _~ .,'j'-' - ~ '_II'!?,._ ,~"., _ ~_ ~_',,__.W ,~_"~,,~",-,,~~,, "_,._ ,.< ,~.. _,;,~"~",__,,,__, _ __~_ "_=_" ,_,~__~. ".', =~~~'-W"",'~; . _ _'~"""'_ . .". ~_~____" C". ___ ~.~ ~ ~-, '".' " ~ , " CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Withdrawal/Entry of Appearance has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this ~y of , 2004, addressed as follows: 1; Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 ;:' ;r'.i'if~. ,. ~ - -(,;:cr,-""" <c~':"-t-'1,-,#,",n",.'$. ,l:~,>-",)",-. ". __ __ ,,,<,""1/,',,,/"'-' '.' ,~,_ .",0>,__,,:-,"\ ',','."">'.".' ",,' ,-",- .""",,'~H_",'" ,~" _j ,.''__,.."0._ . . "'" """"~.'_'o:>">"" ~~ _"_~'""''l'"''''<''. ,~", "., ~~ .'. _ .,,,. ~___' __.~~'" ...... '"".-< ill t . ... '~~, .'-' -, -~ ." ,. . ~ ,~-,' ',. -.~~ .-'; IV -~"~ <<=" ~"-~'''''~l~''''''''~-.'-'~'-RM< ""'-"-o"~,c".,",-,;;""""'-"'&"'f:~jrT"';;'~~Jrtf.~1'1l".1rnr.'~t'f~'r _u']j':5{'itJfW"f' ..y-, r .. (") ..... ~ c ~ :;:: ..., ~ -r)' en nin'! ("T1 m::lJ ~~; co tn I <:, N 6 ~c --0 ~-r ~o :::.~ Q~ -='.0 51 pc ~ "" ~ - ~ r-:' -<; -~~"'f,;.:"",,~',;11'_ ~~,' ~.,~:~~f!li~_~~~~~ ;'~ ..,1' .In The Court of Common Pleas oJ Cumberland County, Pennsylvama FileNo. 2001-02883 FARLING SUSAN E ET AL vs SHAFFER TRUCKING INC ET AL STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiff, Susan E. Farling intends to proceed with the above captioned matter. Date: Ii 2L/Oit , I /1i/f-1 / h~j)7-t Attorney for' Plaintiff , SUsan E. Farlin~ Richard E. Maffett, Jr., Esquire ";"*~lUll: " r I " ~~ 1II i\ ~J~ ~# ., . ~. ",,,,,,,,,,,",,,,,",",,~,,,,,,,,,,,~ll"'~~<?il1,,,,~..t"';;Q''o/'"~:''~'!!$~W~Ill~~''''i'::%''~'''''''''-f';O ~ " ,,-<'.' -~~,~,~'~ .~' <~'~'''''-''''''''~~'''''''-><::''''''''-'''''''"''''''''lJ'.PJr1re'''''''''lliWT~'''"!:, -,:-:{i \:L\- 1,~"','","'_J-1 () (':~ ~ ~ ,f> -q '-v o -n ..-l :!:.-,~ f\-\~:;' -C,I.'4 ~'D\ -' "', 'C' '-~. -j ~::j -t, S~~ "t~. _""_;:1';1 '~j ~;; -:9. :tv _,~e ..-\,'> I~F? - 1'-' , ";'in"~;q'-r~:',,,~;;..R\~'~"'}jiW"'""";:;:';'\"~'\'''i'!1il!~,,,W"l~'ft'lli1-~~r "~c --;r. .{?~ ~~:. N t"''':i ,2::.,. f _"_ 5\~ ".':..":"W' '" ," .,'M'!f.l'<t'-.I' " PRAECIPE FOR LISTING CASE FOR TRIAL (MIN be typewriUm am &IbmitlOO in duplica1e) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) (.....') for JURY trial at the next term of civil court. ._______________!_)_f~!_!~~)_!Vj!~_~~!_~j~_~~__________----------------------------------------- CAPI10N OF CASE (entire caption must be stated in full) ( check one) SUSAN E. FARLING and JAMES F. FARLING Plaintiffs (.I) Civil Action - Law o Appeal from Arbitration ( ) (Other) vs. SHAFFER TRUCKING, INC. and KURT A. LEESE, Defendants The trial list will be called on August 23, 2005 Trials commence on September 19,2005 Pretrials will be held on August 31, 2005 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all COUllslll, pursuant to local Rule 214.1) No. 01-2883 Indicate the attorney who will try case for the party who f'Iles this praecipe: Richard F. Maffett. Jr.. Esauire. ID#35539. 2201 North Second Street. Harrisburg. PA. 17119. (717) 233- 4160 Indicate trial counsel for other parties if known: Dennis J. Bonetti. Esauire. Cipriani & Werner. 1017 Mumma Road. Lemovne. PA.17043-1145. (717) 975-9600 This case is ready for trial. Signed: ~ /. ~-l Print Name: Richar . M ett, Jr., Esq. Attorney for PLAINTIFFS, Susan E. & James F. Farling Dated: 07/28/05 '" "~ ~ , ,,"mff-fl~ ~ ,_ . CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Praecipe For Listing Case For Trial upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne,PA 17043-1145 Dated: 07/28/05 ~ f/ t;J(Lfi J~ Richard F. Maffett, Jr. sq. ."-', ~"' ,-.- ." . '" j~ ~ . ,~,,~,J "Il" _1/I!!l? T_,_.,~~l'll~~~ .,- ,-=".~-.- -.',- - - -- - -"""Diij'IDrliillifilldf'j;'cYil'~"frr , ~ c_ o (~-: ,-," " -<' . .... !......" l=:) ,::~ c,n o ., ::;:! rn ::n r- ~fi2~ ~_~(J", t''', _:.l' ':,'C) Orn :,-'"1 ---a :< L i'-~- r"J C) ."-,, CJ tl!j~'" !:\i"'_"""'C~'''P~'''_''''F''_!!''''''" ',""~ :"tf"""~"iX"1J"'~"""!mi"i1'i'~"'!'-"jlfITr.ff"l'i~",~i1;>1'~~j';-'J''''~~Oi,.,_~,..,~ ~;, - 16 Susan E. Farling and James F. Farling IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Shaffer Trucking, Inc. and Kurt A. Leese : NO. 01-2883 CIVIL TERM ORDER OF COURT AND NOW, August 23, 2005, by agreement of counsel, the above-captioned matter is continued from the September 19, 2005 Argument Court list. Counsel is directed to re1ist the case when ready. By the Court, G'",~ Richard F. Maffett, Jr., Esquire For the Plaintiff Dennis 1. Bonetti, Esquire For the Defendant ~ ~ 8'v;;L9rtJS ~ Court Administrator jk ~, "''',,",,''- , " 'f" ' 1'-1 , I ", II 1 --~~ ,~ .. L wl..'.'t\1'c..,I~,!::1(1 ~! 1\''/, ',,'~\'--':_~: ~r~~ !-~:f,I('V'"'\ . l'ln-''''''~\ '1'" ' "1-"'1c ,,\ h,J A.J\i i\.~I, " -.. - . ,. --, " 9Z :Jrw ~OUl Ok ,I; \,\\1 "I '0 ~~1> ~b'lflONOhL08d 3\-ll :\0 , 38\j~O-03l\:l ,--"" ,-"~-- ,,--,~-~- ~ _ _=~~"~_'_"-_""''-'''_O " -IIIIllW ~ ~ , .....",~ .__""..,~,., lWm~1iffl'~5tjf~~1~j_"~!~!'ffl"ffl!l-~'l/l"i'!')1TW,;W~-''ffl'_~~!!fW~~~lf;:,,'r4-:~q-1';'-:i,,*l';":';'h-;=--'_;!I'\"%'ff'_'i;6F,,_~-,",,;..q~e,1)"r'-;Fcb'1'!'1'~1':~f;,,,i!n;;"\,~1ll,!!,-m1i!I;r"~,"':I;lJl>M'lNi1I,"'@R~"'}{\e I [ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Defendants ) CASE NO: 01-2883 ) ) ) ) ) ) ) ) SUSAN FARLING and JAMES F. FARLING, Plaintiffs v. SHAFFER TRUCKING, INC. and KURT A. LEESE, PRAECIPE TO SETTLE. DISCONTINUE AND END TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly mark the above-captioned matter settled, discontinued and ended. Respectfully submitted, BY Rt;:;J:.~ok Maffett & Associates ' 2201 North Second Street Harrisburg, PA 17110 Date: 9)).) } 0 S' Attorney for the Plaintiff ~\~., ._, ^ -- ! '0c'"'~'~',;1F.,.'''-S'''''~~',,''C., ,-'J.-O'.~c'.r.~"1' ," ~." ,~M<,~,I', ~I~, .,. ",". -, n. :f.'.'__.""'__" ,,,"!,,,,,,,,~., ~O'f'''''%' ',F""J"r-I'" .,. - . , ,.. ~" , ,. - j,. ,-.r "" . ".. '1 "," .- ., ,..r 1II -', .. ~I~-"'~~-'" ~ ._.__..-..........~..... .- ~~~- ',...",,"", '''',.". "..~"'_lr"..Y~I.,'Nlrffl~nr~jllJ"rili<i!i.lltr"'... ..., y" ).,,,:," ~'~~~~~~ll1)~~~~~~'!t{Il!j~fi~~~~~,":_,_,~~""'.:~~,"i \ ~ CERTIFICATE OF SERVICE That counsel for the Defendants hereby certifies that a true and correct copy of its PRAECIPE TO SETTLE, DISCONTINUE AND END has been served on all counsel of record, by first class mail, postage pre~ to the Pennsylvania Rules of Civil Procedure, on the G2-3 day of ,2005. Richard Maffett, Jr. Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Respectfully submitted, BY: ERNER, P.C. IS 1. BONETTI, ESQUIRE ttorney for the Defendants 1-," b ,^~ , . ~-~,... " ~ u= ~ l ., , .~ , .. ,~. 'm~ '-r."'n.'...."' ....."..~."..,~""~......".~...""..."..~...~.'~il ." IIJirir]'IIIf"llIiJl ~7 j4L , ~~- ">'."''"'''1,~,,,,,~~",,,llfIllli!ll,, ~ I" ,.-> = fA (/l rr' -0 ('oJ -, o <i "'Ot.L~ n-'t" --." .. ~ ' ..---_.. ~, ,/.' ~ \~ ~{(~: ~ ,r ~ -~ <;... .> 9n ..... :J>n ri1r~ -CP' 4"1 ,::::) -'" \ C~C.) ::C'J;1 '::>- 1::-.0 -~-rn Q\ ~ :~ 'f? .r- '-'" J,~[l3lll~!l'N!~~~:J;!ItI~~i@~~R~''I'!IllIf~~1IlQ .'