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Home My WebLink About07-2822S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs Docket No.: 0 7 - a p~ ~ ~ ~aa.~. v. SEL-WIL, INC. and BOUNDLESS MOTOR SPORTS RACING, INC., 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~da~ after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 judgment maybe 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 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 5. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) Bias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presenter una apariencia excrita o en persona o por abogado y archivar en la corte an forma escrita sus defenses o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es predido en la peticion de demands. Usted puede perder dinero o sus propriendades o stros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABROGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONCO A LA OFICINA CUYA DIRECCION SE ENCUENTRA EXCRITA ABAJO PARR AVERIGUAR DONDE SE PAUEDE CONSEQUIR ASSISTANCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs v. SEL-WIL, INC. and BOUNDLESS MOTOR SPORTS RACING, INC., Defendants Docket No.: b 7, ~ P ~ a- ~=t `~~- Civil Action -Law Jury Trial Demanded COMPLAINT AND NOW, come the Plaintiffs, William Shepard and Barbara Shepard, by and through their attorneys, Cipriani & Werner, and file this Complaint and, in support thereof, aver as follows: 1. Plaintiff, William Shepard, is an adult individual who resides at 2990 Mercer - West Middlesex Road, West Middlesex, Pennsylvania, 16159. 2. Plaintiff, Barbara Shepard, is married to Plaintiff, William Shepard, and also resides at 2990 Mercer -West Middlesex Road, West Middlesex, Pennsylvania, 16159. 3. Defendant, Sel-Wil, Inc., is a corporation authorized to conduct business in the Commonwealth of Pennsylvania with a principal office address of Williams Grove Park, RD 3, Mechanicsburg, Pennsylvania, 17055. 4. Defendant, Sel-Wil, Inc., owns, operates, manages, possesses and/or controls the Williams Grove Speedway Association, a fictitious name, which is otherwise commonly known as the Williams Grove Speedway, located at 1 Speedway Drive, Mechanicsburg, Pennsylvania, 17055 (hereinafter referred to as the "Williams Grove Speedway"). 5. The Williams Grove Speedway is a half-mile sprit car dirt track at which Defendant, Sel-Wil, Inc., promotes, authorizes, and/or conducts racing events for, or on behalf of, sanctioning bodies such as Defendant, Boundless Motor Sports. 6. Defendant, Boundless Motor Sports Racing, Inc., currently known as DIRT Motor Sports, Inc. (hereinafter referred to as "Boundless Motor Sports"), is an out-of--state corporation regularly conducting business in Pennsylvania with a mailing address of 2500 McGee Drive, Suite 174, Norman, Oklahoma 73072. 7. Defendant, Boundless Motor Sports, regularly presents, promotes, sanctions, and/or conducts races at the Williams Grove Speedway which are held opened to the public for an admission fee. 8. At all times relevant hereto, Defendant, Sel-Wil, Inc. and/or Defendant, Boundless Motor Sports (collectively referred to as "Defendants"), owned, operated, possessed, controlled, maintained and/or was otherwise responsible for the Williams Grove Speedway, including the grandstands and steps leading into and out of the seating areas in the backstretch grandstands. 9. At all times relevant hereto, Defendants held the Williams Grove Speedway open for use by paying members of the public to watch dirt track racing events, including Plaintiff, Mr. Shepard. 10. At all times relevant hereto, Defendants had a duty to construct, inspect, and maintain, the grandstands and steps leading into and out of the seating areas in the backstretch grandstands in a safe condition or to warn those using the grandstands of dangerous and/or defective conditions on or about the grandstand steps. 11. On July 21, 2005, Plaintiff, Mr. Shepard, was charged admission and was lawfully on the premises of the Williams Grove Speedway as a spectator of the racing events held that day. 12. During the evening of July 21, 2005, Plaintiff, Mr. Shepard, was lawfully seated with the permission and consent of Defendants in the backstretch grandstands in or around the area known as "Section B". 13. At the conclusion of the racing events that evening, Plaintiff, Mr. Shepard, exited his seat and began walking down the grandstand steps when he was caused to slip and fall as a result of a defective condition of steps, set forth in detail below, and sustained significant injuries to his left knee. 14. On and before July 21, 2005, the aforementioned grandstand steps were in a state of disrepair and without adequate slip resistance. 15. On and before July 21, 2005, Defendants knew or should have known of the defects in the grandstand steps and had a duty to inspect, maintain, warn, remedy, repair, and/or eliminate the defects and failed to do so prior to the slip and fall of Plaintiff, Mr. Shepard. 16. On and before July 21, 2005, Defendants had actual and/or constructive notice of the defects in the grandstand steps and failed to correct the defects within a reasonable period of time and prior to the slip and fall of Plaintiff, Mr. Shepard. COUNT I -NEGLIGENCE WILLIAM SHEPHARD v. SEL-WIL, INC. 17. Plaintiff, Mr. Shepard, incorporates paragraphs 1 through 16 above as if fully set forth herein at length. 18. Plaintiff, Mr. Shepard, believes and, therefore, avers that his injuries and damages, as set forth more fully below, are the direct and proximate result of the negligence, carelessness and recklessness of Defendant, Sel-Wil, Inc., as follows: (a.) Allowing a slippery condition to exist on the steps; (b.) Failing to provide or install adequate traction upon the steps; (c.) Failing to install or utilize a slip resistant surface; (d.) Failing to provide or apply antiskid materials so as to prevent a slippery condition; (e.) Failing to properly paint the steps; (f.) Failing to provide for the adequate drainage of water; (g.) Failing to adequately inspect the steps; (h.) Failing to properly maintain the steps; (i.) Failing to repair the steps; (j.) Failing to replace the steps; (k.) Allowing the steps to deteriorate into a dilapidated state; (1.) Constructing the steps out of wood; (m.) Constructing the steps with a deficient and inadequate rise and landing; (n.) Constructing the steps with an inconsistent rise and landing; (o.) Violating building codes regarding the height and width of the rise and landing; (p.) Failing to provide a handrail for those walking down the steps; (q.) Failing to provide an adequate handrail for those walking down the steps; (r.) Failing to properly light the steps; (s.) Failing to warn Plaintiff, Mr. Shepard, of the aforementioned defective conditions of the steps; (t.) Permitting the steps to remain in an unsafe, unsuitable and dangerous condition despite knowledge of the aforementioned defects; and, (u.) Failing to correct, remedy, repair and/or eliminate the dangerous condition. 19. As a result of the negligence of Defendant, Sel-Wil, Inc., its agents, servants, and/or employees, Plaintiff, Mr. Shepard, has sustained serious injury to his left knee, including, but not limited to, a left quadriceps tendon tear and subsequent surgical repair. 20. As a result of the negligence of Defendant, Sel-Wil, Inc., Plaintiff, Mr. Shepard, experienced pain, suffering, and disability, medical expenses for treatment of his left knee, extended period of economic loss due to his inability to work, and permanent deficit in the function of his left knee. 21. As a result of the negligence of Defendant, Sel-Wil, Inc., Plaintiff, Mr. Shepard, has incurred substantial medical and out of pocket expenses and will continue to incur medical expenses in the future, and a claim is made therefore. 22. As a result of the negligence of Defendant, Sel-Wil, Inc., Plaintiff, Mr. Shepard, has suffered a loss of earnings and a loss of earning capacity, and a claim is made therefore. 23. As a further result of the negligence of Defendant, Sel-Wil, Inc., Plaintiff, Mr. Shepard, has undergone and will in the future, undergo great mental and physical pain and suffering, great inconvenience and inability to carry out his daily activities, great embarrassment and humiliation, and a loss of life's pleasures and enjoyment, and a claim is made therefore. WHEREFORE, Plaintiff, William Shepard, demands judgment in his favor and against Defendant, Sel-Wil, Inc., in an amount in excess of the jurisdictional limits for arbitration, exclusive of interest and costs. COUNT II -NEGLIGENCE WILLIAM SHEPHARD v. BOUNDLESS MOTOR SPORTS 24. Plaintiff, Mr. Shepard, incorporates paragraphs 1 through 16 above as if fully set forth herein at length. 25. Plaintiff, Mr. Shepard, believes and, therefore, avers that his injuries and damages, as set forth more fully below, are the direct and proximate result of the negligence, carelessness and recklessness of Defendant, Boundless Motor Sports, as follows: (a.) Allowing a slippery condition to exist on the steps; (b.) Failing to provide or install adequate traction upon the steps; (c.) Failing to install or utilize a slip resistant surface; (d.) Failing to provide or apply antiskid materials so as to prevent a slippery condition; (e.) Failing to properly paint the steps; (f.) Failing to provide for the adequate drainage of water; (g.) Failing to adequately inspect the steps; (h.) Failing to properly maintain the steps; (i.) Failing to repair the steps; (j.) Failing to replace the steps; (k.) Allowing the steps to deteriorate into a dilapidated state; (1.) Constructing the steps out of wood; (m.) Constructing the steps with a deficient and inadequate rise and landing; (n.) Constructing the steps with an inconsistent rise and landing; (o.) Violating building codes regarding the height and width of the rise and landing; (p.) Failing to provide a handrail for those walking down the steps; (q.) Failing to provide an adequate handrail for those walking down the steps; (r.) Failing to properly light the steps; (s.) Failing to warn Plaintiff, Mr. Shepard, of the aforementioned defective conditions of the steps; (t.) Permitting the steps to remain in an unsafe, unsuitable and dangerous condition despite knowledge of the aforementioned defects; and (u.) Failing to correct, remedy, repair and/or eliminate the dangerous condition. 26. As a result of the negligence of Defendant, Boundless Motor Sports, its agents, servants, and/or employees, Plaintiff, Mr. Shepard, has sustained serious injury to his left knee, including, but not limited to, a left quadriceps tendon tear and subsequent surgical repair. 27. As a result of the negligence of Defendant, Boundless Motor Sports, Plaintiff, Mr. Shepard, experienced pain, suffering, and disability, medical expenses for treatment of his left knee, extended period of economic loss due to his inability to work, and permanent deficit in the function of his left knee. 28. As a result of the negligence of Defendant, Boundless Motor Sports, Plaintiff, Mr. Shepard, has incurred substantial medical and out of pocket expenses and will continue to incur medical expenses in the future, and a claim is made therefore. 29. As a result of the negligence of Defendant, Boundless Motor Sports, Plaintiff, Mr. Shepard, has suffered a loss of earnings and a loss of earning capacity, and a claim is made therefore. 30. As a further result of the negligence of Defendant, Boundless Motor Sports, Plaintiff, Mr. Shepard, has undergone and will in the future, undergo great mental and physical pain and suffering, great inconvenience and inability to carry out his daily activities, great embarrassment and humiliation, and a loss of life's pleasures and enjoyment, and a claim is made therefore. WHEREFORE, Plaintiff, William Shepard, demands judgment in his favor and against Defendant, Boundless Motor Sports, in an amount in excess of the jurisdictional limits for arbitration, exclusive of interest and costs. COUNT III -LOSS OF CONSORTIUM BARBARA SHEPARD v. DEFENDANTS 31. Plaintiff, Barbara Shepard, incorporates paragraphs 1 through 29 above as if fully set forth herein at length. 32. At all times relevant hereto, Plaintiff, Mrs. Shepard, was married to Plaintiff, Mr. Shepard. 33. As a result of the negligence of Defendants, Plaintiff, Mrs. Shepard, has been deprived of the society, companionship, contributions, and consortium of her husband, Plaintiff, Mr. Shepard, to her great detriment and loss. 34. As a result of the negligence of Defendants, Plaintiff, Mrs. Shepard, has suffered a disruption in her daily habits and pursuits and has a loss of enjoyment of life. WHEREFORE, Plaintiff, Barbara Shepard, demands judgment in her favor and against Defendants in an amount in excess of the jurisdictional limits for arbitration and exclusive of interest and costs. BY: Date: ~~ b'~~ ~~ Respectfully Submitted, CIPRIANI & WERNER DENNIS J. BONETT Attorney I.D. #34329 ADAM L. SEIFERTI Attorney I.D. #89073 1011 Mumma Road Lemoyne, PA 17043 QUIRE COUNSEL FOR THE PLAINTIFFS VERIFICATION I hereby affirm that the following facts are correct: I am a Plaintiff in the foregoing action. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint 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 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 Complaint is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: ~ ` William Shepard VERIFICATION I hereby affirm that the following facts are correct: I am a Plaintiff in the foregoing action. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint 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 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 Complaint is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: ~ ~' arbara Shepard " T~ ~ r``1 ~ y ~~ [, j -fi-~ \ ~"~ V ~ "a~:o ~? ~ V ... ~ ' { P p ~ ':-j ._, C 7 '~ F ~ Z%t -{ ~` r ~ „~ ~~~~~ ~~ (`^? ~ n ~4:,.. ;.., 'J ~Y a . ~., ,, ~' DUGAN, BRINKMANN, MAGINNIS AND PACE BY: SAMUEL J. PACE, JR., ESQUIRE ATTORNEY ID # 30138 STEVEN J. PAYNE, ESQUIRE ATTORNEY ID #90816 1880 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 Counsel for Defendant, Boundless Motor Sports racing, Inc. (215) 563-3500 WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs vs. SEL-WILL, INC., and BOUNDLESS MOTOR SPORTS RACING, INC., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 07-2822 civil Jury Trial Demanded ENTRY OF APPEARANCE TO THE PROTHONOTARY: KINDLY enter our appearances on behalf of the Defendant, Boundless Motor Sports Racing, Inc., in the above-captioned matter. NKMANN_dr1E~GrNNIS arv~ PACE BY: Steven J. r BY: amu~l J. f~~'ce, Jr., Esquire Dated: May 25, 2007 r y DUGAN, BRINKMANN, MAGINNIS alvD PACE BY: SAMUEL J. PACE, JR., ESQUIRE ATTORNEY ID # 30138 STEVEN J. PAYNE, ESQUIRE ATTORNEY ID #90816 1880 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 Counsel for Defendant, Boundless Motor Sports racing, Inc. (215) 563-3500 WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs vs. SEL-WILL, INC., and BOUNDLESS MOTOR SPORTS RACING, INC., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 07-2822 civil Jury Trial Demanded CERTIFICATE OF SERVICE Samuel J. Pace, Jr., Esquire hereby certifies that he caused a copy of the Entry of Appearance to be forwarded to all counsel of record by First Class Mail, postage pre-paid, as required by the appropriate rules on May 25, 2007 addressed as follows: Dennis J. Bonetti, Esquire Adam L. Seiferth, Esquire 1011 Mumma Road Lemoyne, PA 17043 Sam el J. ac , Jr., Esquire -r1 ~~ ~~' -~ ~-~ ~ ~m A ,~ W '~ ~ "AG tt'1 - SHERIFF'S RETURN - REGULAR CASE NO: 2007-02822 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEPARD WILLIAM ET AL VS SEL-WIL INC ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CL'T__TeTTT. TTT('~ the DEFENDANT at 0939:00 HOURS, on the 31st day of May 2007 at 115 BERNHISEL BRIDGE ROAD CARLISLE, PA 17013 by handing to DON LEIBY, CO-OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 i%~L:~~ ~ Service 5.76 Affidavit .00 ~ 777 Surcharge 10.00 R. Thomas Kline .00 b'l`~'C7 ~ v` 3~ 3.76 06/01/2007 CIPRIANI & WERNER Sworn and Subscibed to before me this of By: day A.D. ~~~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL ,. CASE NO: 2007-02822 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHEPARD WILLIAM ET AL VS. SEL-WIL INC ET AL R. THOMAS KLINE Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,BOUNDLESS MOTOR SPORTS RACING , INC AKA DIRT MOTOR SPORTS INC by United States Certified Mail postage prepaid, on the 11th day of May ,2007 at 1000:00 HOURS, at 7575 WESTWINDS DRIVE SUITE D CONCORD, NC 28027-3329 a true and attested copy of the attached COMPLAINT & NOTICE Together with receipt card was signed by MERIBETH GARLAND 05/21/2007 . Additional Comments: on Sheriff's Costs: Docketing Postage Cert Mail Surcharge 6.00 .58 5.12 ' 10.00 .00 21.7 0 / 4 ~ 1'16 °1 So Paid by CIPRIANI & WERNER Sworn and Subscribed to before me this day of , The returned ~ioma~~~~ne iff of Cumberland County on 06/01/2007 . A.D. lid's 4 H Fketrioird M diM~d. ^ Rat yrx~ rwr~ end ~aktiestara tt~ratar~ ao that w~ t~ ralek~ ~ add !a ~ ~ RrorMwd ~{J~krE~d ^ Attarsh ttd to the bade M ~+ . -- DIRT5p0* 7307Z~Ql~i 18Q7 ~3- OS/l6/07 t• NOTIFY ~ENI]RR QP N7~'W ~1D1?RRRS :DIRT McaTOR SPc?~TiB CONCOR~DRNC~~Q $TR3 ~ 2 9 ~ {r.{~{{n{r{{un~{rllr~r{rr{{rnl{r~r{r{{r{rr{nrlrl{~rur{{I ^ Insrrrd 1~1. 4. Resir~ed ckuMe c. ~ 4b~r `.. t~ ^ its r: ^ tro D F3rgres Ma11 O Rstum Rsoslpt for AAnatw~dir v c.o.o. [F~ ~) ^ ves 70.5 182 __Q002 4619 0432 OTC-2822 civil PS Form 3811, February 2004 DwrwYc t~krm Mo,Mat ~azsss-o2-M-i~ .- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, . Plaintiffs Docket No.: 07-2822 Civil Term v. Civil Action -Law SEL-WIL, INC. and BOUNDLESS MOTOR SPORTS RACING, INC., Defendants Jury Trial Demanded PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the docket in the above-captioned matter as discontinued and ended with prejudice against all Defendants. Respectfully Submitted, CIPRIANI & WERNER Date: ~Z ~--~ I ~.. (,~ BY: DENNIS J. BONETTI, ES Attornev LD. #34329 ADAMyL. SEIFERTH, ES Attorney I.D. #89073 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 COUNSEL FOR THE PLAINTIFFS _„ CERTIFICATE OF SERVICE That counsel for the Plaintiffs, William Shepard and Barbara Shepard, hereby certifies that a true and correct copy of its PRAECIPE TO DISCONTINUE has been served on all counsel of record, by first clas~~nail, postage pre-p id, according to the Pennsylvania Rules of Civil Procedure, on the ~ day of °7v ~t , 2007. Samuel J. Pace, Jr., Esquire Steven J. Payne, Esquire Dugan, Brinkmann, Maginnis and Pace 1880 John F. Kennedy Boulevard, 14th Floor Philadelphia, PA 1.4103 Richard L. Placey, Esquire Placey & Wright 3631 North Front Street Harrisburg, PA 17110 Respectfully Submitted, CIPRIANI & WERNER BY: DENNIS J. BOIVETTI, ES U ADAM L. SEIFERTH, E QU RE 1011 Mumma Road, Suite 1 Date: `~ .~ 3 ' ~- ~`~ Lemoyne, PA 17043 COUNSEL FOR THE PLAINTIFFS ~ C `~,~' rc`s r r : --- ~''_ " ~ ~ _ rs'; :~`! t ~~7 ~-,-_ -'v ' ~~ , t~