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HomeMy WebLinkAbout07-2912ORIGINAL SUSAN R. MATTHEW, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM DENNIN, III, and :CIVIL ACTION -LAW ENGLEHART TRUCKING, INC., Defendant :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. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: 1.800.990.9108 ADVISO Usted ha sido demando en la corte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de las fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: 1.800.990.9108 SUSAN R. MATTHEW, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. WILLIAM DENNIN, III, and :CIVIL ACTION -LAW ENGLEHART TRUCKING, INC., Defendant :JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW, comes the Plaintiff, Susan R. Matthew, by and through her attorney, David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Complaint: Parties 1. Plaintiff, Susan R. Matthew, is an adult individual residing at 35 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant, William Dennin, III, is an adult individual residing at 33 Oak Knoll Estates, Elizabethtown, Lancaster County, Pennsylvania 17022. 3. Defendant, Englehart Trucking, Inc., is a trucking company incorporated under the laws of Pennsylvania with its principle place of business located at 515 Iron Mine Road, Middletown, Dauphin County, Pennsylvania 17057. 4. At all relevant times herein, Defendant, William Dennin, III, was an employee, agent and/or servant of Defendant, Englehart Trucking, Inc, and was acting within the scope of that relationship. Background Averments 5. The events giving rise to this cause of action occurred on or about July -1- 25, 2005 at approximately 5:51 a.m. at the intersection of North Baltimore Avenue and Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 6. At the aforesaid time and place, Defendant, William Dennin, III, was operating a 2003 Mack Granite dump truck owned by Defendant, Englehart Trucking, Inc., and was traveling southbound on North Baltimore Avenue, and made a left turn onto Mill Street. 7. At the aforesaid time and place, Plaintiff, Susan R. Matthew, was operating a 1999 Toyota RAV 4, which was traveling northbound on North Baltimore Avenue. 8. Defendant, William Dennin, III, started to make a left hand turn onto Mill Street, but failed to see Plaintiff, Susan R. Matthew's, vehicle, and struck her car on the left rear causing it to leave the roadway and drive over a curb. 9. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendants, William Dennin, III, and Englehart Trucking, Inc., the Plaintiff, Susan R. Matthew, has suffered injuries as set forth in detail below. Count I: Plaintiff v. Defendant William Dennin III• Negligence 10. The allegations set forth in paragraphs 1 through 9 above are incorporated herein by reference as if fully set forth. 11. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, William Dennin, III, in that he: -2- a) violated Section 3114 (a)(2) of the Motor Vehicle Code on "Flashing signals" -General Rule, 75 Pa.C.S. § 3114 (a)(2); b) did not yield the right-of-way to the vehicle of Plaintiff, Susan R. Matthew, approaching from the opposite direction; c) attempted to make a left turn while interfering with other traffic, including Plaintiffs vehicle; d) failed to yield the right-of-way to all vehicles, including Plaintiff's vehicle, while attempting to make a left turn; e) failed to notice that another vehicle was approaching from the opposite direction before attempting to make a left turn; f) attempted to make a left turn without sufficient lookout or margin for safety; g) failed to maintain his vehicle under proper and lawful control; h) failed to stop before causing an accident; i) failed to see what he should have seen; j) failed to notice the imminence of an accident and to take the necessary steps to avoid it; and k) acted without regard for the safety and rights of other motorists, including Plaintiff, Susan R. Matthew. 12. As a direct and proximate result of the negligent, careless and/or reckless acts of Defendant, William Dennin, III, the Plaintiff, Susan R. Matthew, has suffered -3- injuries which were and are painful and serious. These injuries include but are not limited to: a) left neck pain, b) left upper shoulder girdle pain; c) left arm numbness; d) headaches and dizziness; e) disc protrusions at the C5-6 and C6-7 levels; and f) low back pain. 13. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, William Dennin, III, the Plaintiff, Susan R. Matthew, has been obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered and may be obligated to continue to receive and undergo such medical attention, care and expenses for an indefinite time in the future. 14. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, William Dennin, III, the Plaintiff, Susan R. Matthew, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities, and in the future will continue to suffer. 15. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, William Dennin, III, the Plaintiff, Susan R. Matthew, has experienced pain and suffering, mental anguish and humiliation, and in the future will -4- continue to so experience. 16. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, William Dennin, III, the Plaintiff, Susan R. Matthew, has suffered loss of life's pleasures and in the future will continue to suffer a loss of life's pleasures. Count II: Plaintiff v. Defendant Englehart Trucking, Inc.: Vicarious Liability 17. The allegations set forth in paragraphs 1 through 16 are incorporated herein as if fully set forth. 18. At all relevant times herein, Defendant, William Dennin, III, was an employee, agent and/or servant of Defendant, Englehart Trucking, Inc., and was acting within the scope of that relationship. 19. Defendant, Englehart Trucking, Inc., is vicariously liable for the injuries to Plaintiff, Susan R. Matthew, negligently, carelessly and/or recklessly caused by its employee, agent and/or servant, Defendant, William Dennin, III, as described in detail above. 20. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, William Dennin, III, which is imputed to Defendant, Englehart Trucking, Inc., the Plaintiff, Susan R. Matthew, has suffered those injuries set forth in paragraphs 12 through 16 above, which averments are incorporated herein by reference as if fully set forth. -5- VERIFICATION I, Plaintiff, Susan R. Matthew, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~~ BY: Susan R. Matthew ~A~ DATE: ~, 2007. -7- '."...'~ N ~ ~ ~. e ~ ~ 4 ~-' ~ -~ b 1~ ~` _ _~ _,r '- ~. + ~_..,; k .'Try _~ -, r L f ~ ~ --., - _ ~~ s..~ SHERIFF'S RETURN - OUT OF COUNTY CASE'N0: 2007-02912 P .COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTHEW SUSAN R VS DENNIN WILLIAM III ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DENNIN WILLIAM III but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 21st 2007 this office was in receipt of the attached return from LANCASTER . Sheriff's Costs: So a er Docketing 18.00 Out of County 9.00 Surcharge 10.00 ~ R. T omas Kline Dep Lancaster Co 58.96 Sh iff of Cumberland County Postage 2.08 98.04 / c.'2~~0 ~- 06/21/2007 COSTOPOULOS FOSTER & FIELDS Sworn and subscribe to before me this day of , A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE'NO: 2007-02912 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTHEW SUSAN R VS DENNIN WILLIAM III ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ENGLEHART TRUCKING INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 21st 2007 this o attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 1 Dep Dauphin County 35.25 .00 ) 6 0. 2 5 f~ !~'~ 06/21/2007 COSTOPOULOS FOSTER FIELDS Sworn and subscribe to before me this day of , A.D. ffice was in receipt of the SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 3 F-t to n d SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. ~ PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NC)T QETACH ANY COPIES. 1 PLAINTIFF/S/ 2 COURT NUMBER Susan R. Matthew 07-2912 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR GOMPLAINt William DPnnin III pt al Notice and Complaint SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC.. TO BE SERVED. William Dennin III 6 ADDRESS (Street or RFD, Apartment No.. City. Boro, Twp., State and ZIP Code) AT 33 Oak Knoll Estat°s Elizabethtown, PA 17022 7. INDICATE UNUSUAL SERVICE: ^ DEPUTIZE ^ OTHER Now, May 20 - , I, SHERIFF OF COUNTY, PA., do hereby deputize the Sheriff of r anr-~actar County to execute this Writ at;¢~AI`~~~$tUrn thereof ac ' to law. This deputation being made at the request and risk of the plaintiff. •~ ~-~~-~'''~' ~a . oe SME Hirt OF ~G COUNT ~^'' S. SPECIAL INSTRUCTIONS OR OTNER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cwllberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE NLO Y APPLICABLE ON WRiT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherifPS sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER t t DATE rT,-, ~ nnc.mnn z+or~ 71'7_7til_7171 5/15/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF ONE COURTHOUSE SQ CARLISLE. PA. 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14 Date Received t 5 Expiratron/Hearing date orcomplaintasindicatedabove. ( JACKIE MICCICHE 717-390-2309 5/21/07 6/1 07 16. I hereby CERTIFY and RETURN that I ^ have personally served, ^ have legal evidence of service as shown in "Remarks", ^ have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company. cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 me and title of individual served (if not shown above) (Relationship to Defendant) 19 ^~~~ See Remarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No .City, Boro. Twp 21 Date o1 Service 22 Time State and Zip Code) AM EST EDST 23. ATTEMPTS a Milee Dep. Int. Oats Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Milea Oe p. Int. • ~~ 3 ~' 24. Advance Costs 25 Service Costs 26 Notary Cert. 27 Mileage/P~a N.F ~ y 28 Total Cos gp oR 29. C9S,T ~ uE ( ~ l EFUND ~~~~ 150.00 _ 36 50 7 S ! ~ ~ J 30. REMARKS: ~~ '~~ ~ /,`J~~a,~J S.T.A.. /~`~~~/Ve~~~(/ `/~ I~~~ ~ ~ ~ `i ' "`J ~ K!/VK/ " ~~^I ~/(/ ~V ` Vim' C ~ c~~a~~ 31. AFFIRMED and subscribed to before me this 34. day of 37 Prothonotary/DeputyrNOlary s6 Date%/Jrj/d ,, ;~ t~ ... .w-a. ~ .... +~+k .a d .. .,~ L1~IM 6n~ "" r~ In 'Thy Court of Co~nn~aon Pleas of CurnTner~~n~ C®~€nty, P~n~sy~vamia Susan R. Matthew VS. William D~nnin III et al No . 07-2912 civil SERVE: Englehart Trucking Inc. Now, ~ ~~ ~nm , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Naw, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MII,EAGE _ AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA (~~~'tLE II~ ~P ~~Priff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MATTHEW susAN R vs County of Dauphin ENGLEHART TRUCKING INC Sheriff's Return No. 0734-T - - -2007 OTHER COUNTY N0. 07 2912 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:May 23, 2007 at 11:50AM served the within NOTICE & COMPLAINT upon ENGLEHART TRUCKING INC by personally handing to DARLENE SUTCHISON SECRETARY 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 515 IRON MINE ROAD MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 25TH day of MAY, 2007 uric/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, Sheriff of Dauphin County, Pa. •,.G~ /~ By Deputy Sheriff Sheriff's Costs: $35.25 PAID BY COUNTY SCHAEFF l~ 1 Frank J. Lavery, Jr., Esquire Attorney ID: PA 42370 Email: flavery@laverylaw.com Amy L. Coryer, Esquire Attorney ID: PA 82717 Email: acoryer@laverylaw.com Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Telephone: (717) 233-6633 Fax: (717) 233-7003 SUSAN R. MATTHEW, Plaintiff v. WILLIAM DENNIN, III and ENGLEHART TRUCKING, INC., Defendants Attorney for Defendants, William Dennin, III and Englehart Trucking, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-2912-CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Frank J. Lavery, Jr., Esquire, and. Amy L. Coryer, Esquire, as attorneys for Defendants, William Dennin, III and Englehart Trucking, Inc., in the above- referenced matter. Respectfully submitted, Lavery, Faherty, Young Date: August 14, 2007 By: Frank J. Lavery, ~., Esquir~ Attorney ID: PA 42370 Email: flavery@laverylaw.cc 225 Market Street, Suite 304 P.O. Box 1245 Hamsburg, PA 17108-1245 Telephone: (717) 233-6633 Fax: (717} 233-7003 Attorneys for Defendants Lavery, Faherty, Young & Patterson, P.C. Date: August 14, 2007 By Amy . Coryer, Esquire Atto ey ID: PA 82718 Email: acoryer@laverylaw.com 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Telephone: (717) 233-6633 Fax: (717) 233-7003 Attorneys for Defendants 2 SUSAN R. MATTHEW, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-2912-CNIL TERM WILLIAM DENNIN, III and CIVIL ACTION -LAW ENGLEHART TRUCKING, INC., JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Blanche A. Morrison, an employee with the law firm of Lavery, Faherty, Young 8c Patterson, P.C., do hereby certify that on this 14th day of August, 2007 I served a true and correct copy of the foregoing ENTRY OF APPEARANCE, via U.S. First Class mail, postage prepaid, addressed as follows: David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17043-0222 Attorneys for Plaintiff t lanche A. Momson, e 1 to Frank J. Lavery, Jr., Esquire 3 C? r-a ~:~ ~ G. ~ -z'- ~"~ ~ t~.. _. ~ t. ~pA l _~.._ 1 l ~ 4.-~ t_' ~ i ~ / { ~!. __ } ~_ ~~ j {':'t ~ `~.`, ~. -t A Frank J. Lavery, Jr., Esquire Attorney ID: PA 42370 Email: flavery@laverylaw.com Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Telephone: (717) 233-6633 Fax: (717) 233-7003 SUSAN R. MATTHEW, Plaintiff v. WILLIAM DENNIN, III and ENGLEHART TRUCKING, INC., Defendants Attorney for Defendants, William Dennin, III and Englehart Trucking, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-2912-CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Susan R. Matthew, Plaintiff c/o David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17043-0222 Attorneys for Plaintiff You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment maybe entered against you. Respectfully submitted, Lavery, Faherty, Young & Patter~on, P.C. Date: August 14, 2007 By: ~ Frank J. avert', Jr., Attorn~v : PA 423 Email: fTavery@laveryl c 225 Market Street, Suite P.O. Box 1245 Harrisburg, PA 17108-1245 Telephone: (717) 233-6633 Fax: (717) 233-7003 Attorneys for Defendants 2 Frank J. Lavery, Jr., Esquire Attorney ID: PA 42370 Email: flavery@laverylaw.com Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 Attorney for Defendants, William Dennin, III and Englehart Trucking, Inc. P.O. Box 1245 Harrisburg, PA 17108-1245 Telephone: (717) 233-6633 Fax: (717) 233-7003 SUSAN R. MATTHEW, Plaintiff v. WILLIAM DENNIN, III and ENGLEHART TRUCKING, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-2912-CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER Defendants, William Dennin, III and Englehart Trucking, Inc., by and through their authorized counsel, Lavery, Faherty, Young & Patterson, P.C., hereby answer and respond to Plaintiff s Complaint, as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that Answering Defendant, William Dennin, III was an employee, agent and/or servant of Defendant, Englehart Trucking, Inc., acting within the scope of that relationship at the time of the accident at issue. As the phrase "at all relevant times herein" is not defined as to scope or time frame, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded if relevant. 5. Admitted in part. Denied in part. It is admitted that a motor vehicle accident occurred on or about this time and date, at or about this location. The remaining averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 6. Admitted in part. Denied in part. It is admitted that Answering Defendant Dennin was operating the dump truck identified in this paragraph which was owned by Answering Defendant, Englehart Trucking. It is further admitted that he was traveling southbound on North Baltimore Avenue and was making a left turn onto Mill Street. The remaining averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 7. Admitted in part. Denied in part. It is admitted that the Plaintiffwas operating the vehicle described in this paragraph, traveling northbound onto Baltimore Avenue, at the time and place at issue. The remaining averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 8. Admitted in part. Denied in part. It is admitted only that an accident did occur at this location between the vehicle driven by Plaintiff and the vehicle operated by Answering Defendant Dennin. By way of further answer, the traffic control light at the intersection was 2 flashing yellow for both directions of traffic. The remaining averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 9. Denied. These averments aze denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Count I: Plaintiff v. Defendant, William Dennin, III: Ne~lig_ence 10. Answering Defendants' answers to Paragraphs 1 through 9 are incorporated by reference as if more fully set forth at length herein. 11. Denied. These averments aze denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied. These averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Byway of further answer as to the averments of injuries in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to farm a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. 13. Denied. These averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Byway of further answer as to the averments of injuries in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. 14. Denied. These averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer as to the averments of injuries in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information 3 sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. 15. Denied. These averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer as to the averments of injuries in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. 16. Denied. These averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer as to the averments of injuries in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. Count II: Plaintiff v. Defendant. Englehart Trucking Inc: Various Liability 17. Answering Defendants' answers to Paragraphs 1 through 16 are incorporated by reference as if more fully set forth at length herein. 18. Admitted in part. Denied in part. It is admitted that Answering Defendant Dennin was an employee, agent andJor servant of Answering Defendant, Englehart Trucking, Inc., acting within the scope of that relationship at the time of the accident at issue. As the phrase "at all relevant times herein" is not defined as to scope or time frame, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. 4 19. Denied. These averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 20. Denied. These averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer as to the averments of injuries in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied, with strict proof thereof being demanded, if relevant. WHEREFORE, Defendants, William Dennin, III and Englehart Trucking, Inc., respectfully request this Honorable Court dismiss Plaintiff s Complaint. NEW MATTER Answering Defendants hereby raise the following New Matter: 21. Defendants incorporate herein by reference the averments contained in Paragraphs through 20 of the foregoing Answer as if fully set forth herein. 22. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 23. The applicable Statute of Limitations may have expired prior to the institution of this action. 24. 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. 5 25. Defendants were not negligent. 26. Any acts or omissions of the Defendants alleged to constitute negligence were not substantial causes or factors of the subject accident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 27. The accident and/or damages described in Plaintiff's Complaint may have been caused or contributed to by the Plaintiff. 28. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the accident, injuries and/or damages alleged to have been sustained by the Plaintiff. 29. The Plaintiff may have assumed the risk. 30. The Plaintiff may have been contributorily negligent. 31. Plaintiff s negligence exceeds that of Defendants, if such is proven. 32. The accident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Defendants. 33. Plaintiffmay not have properly mitigated her damages. 34. Plaintiff may be bound by the limited tort option and, as her injuries may not be considered "serious", non-economic damages would not be recoverable. 35. Plaintiff's claims barred and/or limited by application of the Comparative Negligent Act of the Commonwealth of Pennsylvania 36. Plaintiffs claims are barred and/or limited by application of the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act. 6 WHEREFORE, Defendants, William Dennin, III and Englehart Trucking, Inc., respectfully request that this Honorable Court grant judgment in their favor and against the Plaintiff, together with allowable costs and expenses. Respectfully submitted, Lavery, Faherty, Yo~yng & Patters, P.C. Date: August 14, 2007 By: Frank J yl~ery, Jr., Esgl~ire Attorne PA 42370 ll Email: flavery@laverylaw.com 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Telephone: (717) 233-6633 Fax: (717) 233-7003 Attorneys for Defendants 7 l VERIFICATION Frank J. Lavery, Jr., Esquire, hereby states that he is counsel for Defendants, William Dennin, III and Englehart Trucking, Inc., and that the statements made in the foregoing Answer to Complaint Together with New Matter are true and correct to the best of his knowledge, information and belief, based upon client interviews and review of documents relevant to the claims and defenses herein. This attorney's Verification is being executed pursuant to Rule 1024(c), Pennsylvania Rules of Civil Procedure, because Defendants' representative is unavailable to provide a Verification within the time allowed for filing the pleading. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: August 14, 2007 Frank J. Lavery, Jr., Esgl~ Attorneys for Defendants 8 SUSAN R. MATTHEW, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-2912-CIVIL TERM WILLIAM DENNIN, III and CIVIL ACTION -LAW ENGLEHART TRUCKING, INC., JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Blanche A. Morrison, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 14th day of August, 2007 I served a true and correct copy of the foregoing ANSWER TO COMPLAINT TOGETHER WITH NEW MATTER, via U.S. First Class mail, postage prepaid, addressed as follows: David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17443-0222 Attorneys for Plaintiff anche A. Morrison, Legal Sec e ary to Frank J. Lavery, Jr., Esquire 9 n r _ _ ~ J -~ _ _ .... «. ~'~s, 'T r +' _ ~ 1,- ~ ... 1 J ; r ." i te !,.) ~~ ~ ~ ^~ By: David J. Foster, Esquire PA ID No.: 23151 COSTOPOULOS, FOSTER 8~ FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031. Email: dfoster(a~costopoulos.com ORIGINAL Attorney for Plaintiff Susan R. Matthew SUSAN R. MATTHEW, Plaintiff v. WILLIAM DENNIN, III, and ENGLEHART TRUCKING, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-2912 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled and discontinued. RESPECTFULLY SUBMITTED: David J. Foster, E ire I.D. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.costopoulos.com ATTORNEY FOR PLAINTIFF DATE: August ~~ , 2007. /' ti CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 27T" day of AUGUST, 2007, a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE, AND END was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Geoffrey Lamb, Claim Representative National Casualty Company Claims Division P.O. Box 4120 Scottsdale, AZ 85261-4120 Frank J. Lavery, Jr., Esquire LAVERY FAHERTY YOUNG 8~ PATTERSON, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 By: COSTOPOULOS, FOSTER & FIELDS Tiffany M. Mi er ~ ` ~ - -r+ r ~: N ~? ~= ,.-~ ~~ ;,=, ~ _, ~~ = ~~ ~ i ~r !~ ~ ~"{ r TOWNSHIP OF HAMPDEN, Claimant v. THEODORE GROTHE and SHARON ROSE GROTHE, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - a90G MLD MUNICIPAL LIEN DOCKET MUNICIPAL CLAIM Township of Hampden ("Claimant"} files this Municipal Claim against Theodore Grothe . and Sharon Rose Grothe ("Owners") and all that certain tract of land including improvements thereon, owned by the Owners and described as follows: 2001 Crissy Lane Enola, PA 17025 Tax Property Map: 10-14-0838 Parcel No.: 022 for unpaid tapping fees which were charged effective May 14, 2007 pursuant to Hampden Township Code of Ordinances and a tapping fee assessment agreement of the Owners attached hereto and incorporated herein as "Exhibit A". Exhibit A attached hereto is a statement of the kind and character of the services so rendered and the prices charged therefor, said statement being a true and correct copy of the Owners' account with the Claimant, which sum of $5,200.00 was duly assessed against the above Owners and premises beginning May 14, 2007 and for which sum, including interest, costs and attorney's fees, a lien is claimed against the above premises in accordance with the Municipal Authorities Act of June 19, 2001, P.L. 287, 53 P.S. § 5601, et se , as supplemented and LAW OFFICES SNELBAKER SC BRENNEMAN, P.C, y amended and the Municipal Claims and Tax Lien Act of May 16, 1923, P.L. 207, 53 P.S. § 7101, et sea., as supplemented and amended and by consent and agreement of the Owners. Township of Hampden By: "~ G U ~ Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. Solicitor for Township of Hampden Date: May 15, 2007 LAW OFFICES II _2 SNELBAKER & BRENNEMAN, P.C. ~ ~KtVCivtu MAY ~I `+ 2007 HAMPDEN TOWNSHIP 230 SO TH SPORTING HII,L ROAD, MECHAN'ICSBURG, PA 17050 HAMPD.EN TOWNSHIP PIl~IE RUN TAP FEE PAYMENT PLAN PROPERTY OWNERS ADDRESS TOTAL TAP FEE S~ ~. oD Request is hereby made to pay the above referenced Pine Run Tap fee of ~. CJ in quarterly installments. The unpaid balance will bear interest of eight percent {8%) per annum. Said payment shall be included in the Township quarterly Utility Bill and will be due within 30 days of receipt. The payment plan must be paid in full prior to the property owner/resident applying for a building permit for any other property improvements. By participating in the payment plan, all owners agree that their praperty will be subject to a municipal lien in an amount equal to the total tapping fee, interest and cost, including the Township's attorney fees. Upon failure to pay any installment and interest within 30 days after it shall become due, the entire unpaid balance of the tap fee shall become due and payable, together with accrued interest..All Iegal costs incurred by the Township in filing the municipal lien and collecting any amounts due shall be paid by the Owners. The balance may be paid in full at any timc. This request, if made, must be signed by all owners of the property and must be filed with in 45 days after receipt of the Hampden Township Sewer Connection Notice. By signing below, the Owper(s) agree toe terms set forth above. OWNER NAME ~.~ ~ ~ ~``' ~~/Fi~7//1 ~ I ~""-~ .. ~, Sign /Date OWNER NAME .BILLING ADDRESS Print mop ~ C~ Sign /Date ~~~ TELEPHONE NUMBER ~ 3 ~ v ~~ 3 Please return his form to the Township Office. Please contact Steven S. Campbell, Superintendent of Operations, at the Township office if you have questions. EXHIBIT A COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. KEITH O. BRENNEMAN, ESQUIRE, being duly sworn deposes and says: that he is the Solicitor for the Township of Hampden, the above-named Claimant, and that the facts set forth in the foregoing Claim are true and correct to the best of his knowledge, information and belief. /~ Sworn to and subscribed before me this 15~' day of May, 2007. Notary Public ~MONWEALTH OF PENN Y q _ Notarial Seel Mlea C~~~Boro,G MtY E~irea Nov. 24,~~ Member, Penneytvanla Astodetlpn ~ ~~ Keith O. Brenneman Solicitor, Township of Hampden LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. C_) s-~~-_> Cl ~~ ~ _ C- :z O ~ ~ ~~~' ~ ~ ~ r ---, ~ ~ ~ _ ~. (~ n ~ .:y ~-Y1