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HomeMy WebLinkAbout03-6017DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEFHONE 717-243-17~0 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.//37926 Chiz Rider Ministries, Inc. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania VS o3 -- Civil Term Maplewood Transportation, Inc. Defendant 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 DAYS AETER 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: November 17, 2003 o o 5. 6. 7. Complaint The plaintiff, Chiz Rider Ministries, Inc., is a Pennsylvania corporation with a place of business at 110 Science Park Court, State College, Centre County, Pennsylvania. The Defendant, Maplewood Transportation, Inc., is a Pennsylvania Corporation with a place of business at 275 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. At all time relevant hereto the defendant was acting through their agent within the scope of his employment. On or about, July 7, 2003, the plaintiff's agent Charles Rider III, was operating his vehicle, in the vicinity of 227 Locust Point Road, Silver Spring Township. At about the same time and place, the defendant's agent was operating his vehicle in the vicinity of 227 Locust Point Road, Silver Spring Township. The defendant struck a tree and caused debris to strike the vehicle of the plaintiff causing property damage. The impact occurred as a direct and proximate result of the defendant's negligence. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured dear distance ahead; c) failing to operate his vehicle in a safe and prudent manner; d) failing to stop his vehicle before colliding with a tree. As a direct and proximate result of the negligence of the defendant the plaintiff suffered property damage which includes but are not limited to necessary repairs in the amount of $19,929.31. 9. The plaintiff has suffered an ongoing loss of use of his vehicle and has incurred and continues to incur costs incidental therewith. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount an amount requiring compulsory referral to arbitration. In the event of appeal a jury trial is hereby demanded. NovemberX~,2003 R~pectf-ully ~a~mit~ed, William P. Douglas, E~. Attorney for Plainti~ AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: Chiz Rider Ministries, Inc. POST & SCItELL, P.C. BY: JOHN R. CANAVAN I.D. #:84728 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 CHIZ RIDER MINISTRIES, INC. Plaintiff, V. MAPLEWOOD TRANSPORTATION, INC. Defendant. ATTORNEYS FOR DEFENDANT MAPLEWOOD TRANSPORTATION, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO: 03-6017 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of D relative to the above-captioned matter. IdentifiCation No: 84728 Post & 8chell, P.C. wood Transportation, Inc. Attorney for Defendant, Maptewood Transportation, Inc. CERTIFICATE OF SERVICE I, John R. Canavan, an attorney for the law firm of Post & Schell, P.C., hereby certifies that on the date listed below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Date: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 (Counsel for PlaintifjO Post & ~ohn POST & SCHELL, P.C. BY: JOHN R. CANAVAN I.D. #:84728 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 CHIZ RIDER MINISTRIES, INC. Plaintiff, MAPLEWOOD TRANSPORTATION, 1NC. Defendant. ATTORNEYS FOR DEFENDANT MAPLEWOOD TRANSPORTATION, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO: 03-6017 CIVIL ACTION - LAW TO: Transportation, Inc. within twenty (20) days of service hereof or NOTICE TO PLEAD PLAINTIFF You are hereby noticed to plead to the enclosed New Matter of Defendant Maplewood a ~/fault may be entered against John~ Can~van, Esquire Identt~catio~[ No: 84728 Post 8/Schell, P.C. Attorney for Defendant, Maplewood Transportation, Inc. POST & SCHELL, P.C. BY: JOHN R. CANAVAN I.D. #:84728 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 CH1Z RIDER MINISTRIES, INC. Plaintift; MAPLEWOOD TRANSPORTATION, INC. Defendant. ATTORNEYS FOR DEFENDANT MAPLEWOOD TRANSPORTATION, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO: 03-6017 CIVIL ACTION - LAW ANSWER WITH NEW MATTER OF DEFENDANT MAPLEWOOD TRANSPORTATION, INC. TO PLAINTIFF'S COMPLAINT Defendant Maplewood Transportation, Inc. ("Defendant"), by and through its attorneys, Post & Schell, P.C., hereby submits this Answer with New Matter to PlaintifFs Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. 2. Admitted in part; denied in part. It is admitted that Defendant is Maplewood Transportation, Inc., with a place of business located at 275 Mulberry Drive, Mechanicsburg, Pennsylvania. The corresponding allegations are denied because Plaintiff fails to identify "their agent" with sufficient specificity. All remaining allegations are denied as conclusions of law, 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Any remaining allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 4. Admitted in part; denied in part. It is admitted that an employee of Defendant was operating a motor vehicle in the area described in the Complaint on the day in question. The corresponding allegations are denied because Plaintiff fails to identify "defendant's agent" with sufficient specificity. To the extent any further response is required, the allegations are denied as conclusions of law. 5. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the allegations are denied as conclusions of law. 6. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the allegations are denied as conclusions of law. 7. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the allegations are denied as conclusions of law. 8. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. Further, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. To the extent any further response is required, the allegations are denied as conclusions of law. 9. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. Further, after reasonable investigation, Defendant is 10. 11. 12. ofevidence. 13. without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. To the extent any further response is required, the allegations are denied as conclusions of law. WHEREFORE, Defendant Maplewood Transportation, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. NEW MATTER Plaintiff's claims may be barred by the statute of limitations. Plaintiffs claims may be barred in whole or in part by the doctrine of preemption. Plaintiff's claims may be barred in whole or in part by the doctrine of spoliation Plaintiff's claims may be barred or limited by the doctrines of res judicata or collateral estoppel. 14. Plaintiffs damages, if any, were caused by the intervening wrongdoing of other over whom Defendant had no duty to control and for whom this Defendant is not responsible. 15. The perils or dangers of which Plaintiff complains, to the extent they exist, the same being denied, were open and obviously known to Plaintiff, who nevertheless conducted himself in such a manner as to expose himself to said perils and dangers. The damages alleged by Plaintiff are not recoverable under the applicable law. The damages claimed and alleged by Plaintiff were not proximately caused by 16. 17. Defendant. 18. Plaintiff's claims may be barred in whole or in part by the contributory and/or comparative negligence of Plaintiff or that of his agents. 19. The alleged damages were the results of actions and/or omissions of Plaintiff and/or persons other than Defendant or its agents. 20. Plaintiff's damages, if any, may have been caused by a pre-existing condition of the vehicle which was not caused by any action and/or omission of Defendant. 21. Plaintiff may have failed to mitigate his damages. 22. Plaintiff may have failed to state a claim upon which relief can be granted. 23. Defendant acted at all times in a reasonable manner. WHEREFORE, Defendant Maplewood Transportatio~Inc. re~ctfully requests that this Honorable Court enter judgment in its favor and against Plaijfi~tff. // POST ~SC~L, i Identil~carion No: 84728 Post & :hell, P.C. Attorm for Defendant, Maplewood Tram }ortation, Inc. VERIFICATION I, Glerm Soller~berger, an Officer ofMaple~,ood Tran~vorta~ion, Inc. do h~by swe~ ~d ~ ~t ~e ~s md ma~ers se~ fo~ ~ ~e foregoi~ doc~ ~e md co~cct to ~e best of my ~owledge, ~o~a~o~ ~d belief The ~der~ed ~d~s~ ~a ~e ~tem~ ~de ~erein ~e m~de ~bjecl ~o ~e p~es of 18 Pa. C.S. ~4904 ~a~ng to ~swom DA~:f~ficafi°n tO au~ofifies. ~ 1 un SoHen?rger . .. Mnplewood CERTIFICATE OF SERVICE I, Johrl R. Canavan, an attorney for the law firm of Post & Schell, P.C., hereby certifies that on the date listed below, 1 did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Date: William P. Douglas, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 (Counsel for PlaintifJ) / Post & Sche I, P.(~. / SHERIFF'S RETURN - CASE NO: 2003-06017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHIZ RIDER MINISTRIES INC VS MAPLEWOOD TRANSPORTATION INC REGULAR CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, who being says, the within COMPLAINT & NOTICE MAPLEWOOD TP~ANSPORTATION INC DEFENDANT , at 1622:00 HOURS, at 275 MULBERRY DRIVE MECHANICSBURG, PA 17055 DAVID MCNEAL, DOCK MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE , Sheriff or Deputy Sheriff of duly sworn according to law, was served upon the on the 19th day of November , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18o00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this /0 ~ day of ' ~0W~L, ~.~ ~ ON-.5 A.D. F /Prothonotary ' So Answers: R. Thomas Kline 11/20/2003 DOUGLAS LAW DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Chiz Rider Ministries, Inc. Plaintiff VS Maplewood Transportation, Inc. Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 03 -- (~G I~ Civil Term Civil action law Jury Trial Demanded Reply to New Matter 10. Denied. The allegations of the plaintiffs original complaint are incorporated herein and reference is made thereto as if fully set forth at length. 11 - 23. Denied. The allegations are denied as legal conclusions to which no response is necessary. To the extent a response is deem to be necessary the allegations are denied pursuant to Pa.R.C.P. 1029(e) and strict proof is demanded at the time of trial. Wherefore, it is prayed that the New Matter of the defendant be dismissed and judgment be entered in favor of the plaintiff and against the defendant. January 14, 2004 ,Respe ~cffu~ub~tted William P. Douglas,~sq. Attorney for the Plaintiff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unswom falsification to authorities. Date: January 14, 2004 William P. Douglas, Es~ PI~CIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sulraitted in duplicate) TO THE PNOTHONOTARY OF CL~ERLASD COUNTY Please list the followin9 case: (Check one) (,~) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must he stated in full) Chiz Rider Ministries, Inc. ( Plaintiff ) vs. Maplewood Transportation, Inc. ( Defendant ) vs. (check one ) (x) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on and April 6, 200/, May 3, 2004 Trials comnence on April 14, 2004 Pretrials will be held on (Briefs are due 5 days before pretrialS. ) (The ?rty listing this case for trial shall proviae forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 03-6017 Civil 19 Indicate the attorney who will try case for the partywho files this praecipe: William P. Douglas, Esquire Indicate trial counsel for other parties if known: John R. Canavan, Esquire, Post & Schell~ P.C. 240 Grandview Ave.~ Camp Hill, PA 17011 This case is ready for trial. Date: March 12, 2004 Print Narm~: William P. ouglas~ Attorney for: Plaintiff POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 ~ANCASTER, PA 17605-0248 q7-291-4532 :HIZ RIDER MINISTRIES, INC. Plaintiff, MAPLEWOOD TRANSPORTATION, 1NC. Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBEP~,AND COUNTY NO: 03-6017 JURY TRL[L DEMANDED ENTRY OF APPEARANCE; TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Maplewood Transportation, Inc., the above-captioned matter. POST & SCHELL, P.C. ~ L^~ameH~ gfoCr Defendant POST & SCHELL, P.C. BY: JOHN R. CANAVAN I.D. #:84728 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 CHIZ RIDER MINISTRIES, 1NC. Plaintiff, V. MAPLEWOOD TRANSPORTATION, INC. Defendant. ATTOPGqEYS FOR DEFENDANT MAPLEWOOD TRANSPORTATION, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO: 03-6017 CIVIL ACTION - LAW WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, Maplewood Transportation, Inc. relative to the above-captioned matter, bi//~Ie Respect full~su d, John , quire Identi ation No: 84728 Post & Schell, P.C. Date: Attorney for Defendant, Maplewood Transportation, Inc. CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby :ertify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: William P. Douglas, Esquire Douglas Law Office 29 W. High Street P.O. Box 261 Carlisle, PA 17013 DATE: SANDRA MORALES CHIZ RIDER MINISTRIES, INC. : Plaintiff : V. : MAPLEWOOD TRANSPORTATION, : INC., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAK~D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-6017 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Tuesday, April 13, 2004. At this pretrial conference in this motor vehicle accident case, William P. Douglas, Esquire, represents the plaintiff, and Laura H. Scheff, Esquire, represents the defendant. Defendant will be admitting liability for causing damage to plaintiff's bus. The extent of the damages will be what is at issue focusing primarily on loss of use and expenses and loss of income during which time plaintiff's tour bus was out of commission. This is a non-jury trial, and it will be set for 1:30 on June 7, 2004, in Courtroom Number 3. Defendant desires to take the plaintiff individual's oral deposition, and this scheduling will give plenty of time to both sides to get that arranged. At least ten days prior to trial, plaintiff must file with the Court a complete set of Findings of Fact and Conclusions of Law covering all aspects of their claim. Defense counsel shall respond within five days of receiving plaintiff's suggested Findings and Conclusions. By the Court, 03-6017 Civil Term In Re: Pretrial Conference Page 2 William P. Douglas, Esquire For the Plaintiff Laura H. Scheff, Esquire P.O. Box 10248 Lancaster, Pa. 17605-0248 For the Defendant Court Administra~ Prothonotary L/ :mtf ~ONO~O~ 3~ 3O OOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CAIl.LISLE P A 17013 TELEPHONE 717-243-17\10 WILLIAM P. OOUGLAS, ESQ. Supreme Court 1.0.# 37926 Chiz Rider Ministries, Inc. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 03.- 6017 Civil Term Maplewood Transportation, Inc. Defendo.nt Civil action law Jury Trial Demanded Praecipe to Settle and Discontinue Dear Mr. Long, Please mark the above captioned matter settled and discontinued. ~'jL William P. Dou as, Esq. Attorney for laintiff February 15, 2005 ." c':,,\ -".,'. - ---