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Home My WebLink About04-1082 F\flLESIDA T AFILEIGenerallCwTeml 11 OJ2-lcoml/ajt Created 12/29/038:35AM Re,vised J/'l/04,9:15AM 11031.1 JAMES SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 61./- fog-~ MABLE TANG, 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 arewamed that if you fail to do SD, 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 Plaintiffs. 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 ALA WYER. 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO i,(' ~ Date: 3/ id-, fiY1 , 1 (!) <<~ r~'l By \D~- a k. Daniel K. Deardorff, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs ~<: '-<:, JAMES SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. MABLE TANG, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is James Shaffer, who is an adult individual, who resides at 503 Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Mable Tang, who is an adult individual, who resides at 1100 Kunkles Mill Road, Lewisberry, Pennsylvania 17339. 3. On or about July 2, 2003, at 4:00 p.m., Plaintiffwas a passenger in a motor vehicle proceeding in a northerly direction on Sporting Hill Road in the vicinity of McDonald Drive. 4. At said time and place, Defendant was operating her motor vehicle behind Plaintiffs vehicle and a second vehicle in the middle also going in a northerly direction on Sporting Hill Road in Hampden Township, Cumberland County in that same area. 5. At said time and place, Plaintiffs vehicle stopped because a vehicle in front of him had stopped to turn left onto McDonald Drive. 6. At said time and place, Defendant failed to stop as she approached, and struck the rear of the second/middle vehicle, which, in turn, pushed the second vehicle into the rear of Plaintiffs vehicle. 7. As a result of said collision caused by the negligence of Defendant, Plaintiff suffered various injuries to his left shoulder, low back, and an aggravation to his abdominal area for which he was recovering from serious abdominal surgery that had been performed on May 20, 2003. 8. The collision was caused by the negligence ofthe Defendant in that she failed to pay attention to the traffic ahead of her, failed to keep the assured clear distance ahead, failed to keep her vehicle under reasonable control, and violated various provisions of the Pennsylvania Vehicle Code. 9. As a result of said collision, which was caused by the negligence of the Defendant, Plaintiff required medical treatment and incurred pain and suffering as a result of the injuries stated above. WHEREFORE, Plaintiff demands judgment against Defendant for an amount above $25,000.00, which is in excess ofthe arbitration limits for Cumberland County. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO Date: 3/IJ.j d'f By D\},;l lfirlT. E~rr I.D. No. 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it 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 document is that of counsel, ] have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of] 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. fi~~ Dated: F:,fJ LES\DAf AFJ le\OerleruIICull"entlr IOJ2-I.coml ~ ---- ~ ''\-J .~ b1-.' (~ ~ ~ ~ . <::'1 VI Q v' ~ .j ~ "> () ~ a "",. (~- 6 t> !:' " ~ ~ , ~-<, -. ro" ( .. ~, <: ' c o ^,~ c~..> C,'.) ...1;- - I -" ~ ..-; JAMES SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-1082 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED MABEL TANG, PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Mabel Tang, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: I.f /r 10 y By: 1!Ju00&1-cy- Michael S. Ferguson, Esquire I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this )'1r day of April, 2004, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 /ltIU~l) Michael S. Ferguson, Esquire JAMES SHAFFER Plaintiff IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1082 VS. MABEL TANG, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE T9 PLEAD TO: James Shaffer c/o Daniel Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OlTO Ten East High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED to file a response to the enclosed New Matter within twenty (20) days of service hereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. By: -'IU llr:El,a{<7~ Michael S. Ferguson, Esquire Attorney LD, No. 83882 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 )/'0 ~...J Date: Ie JAMES SHAFFER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1082 vs. MABEL TANG, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes Defendant, Mabel Tang, by and through her attorneys, NEALON & GOVER, P.C., and files the following Answer with new matter: 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that Plaintiffs vehicle stopped; however, it is unknown why the Plaintiffs vehicle stopped. 6. It is admitted that the Defendant's vehicle struck the rear of a 1998 Honda Sedan, which in turn struck the rear of the vehicle being driven by the Plaintiffs. 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). 9. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Mabel Tang, respectfully requests that the Complaint against her be dismissed with the cost of this action. NEW MATTER 10. Paragraphs 1 through 9 of Defendant's Answer are incorporated herein by reference thereto. 11. Plaintiff's Complaint is barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Mabel Tang, respectfully requests that the Complaint against her be dismissed with the cost of this action. Respectful!ly submitted, NEALON c~ GOVER BylLlu(,~h Michael S. Ferguso ,Esquire Attorney I.D. #83882 2411 North Front Street Harrisburg, PA 17110 717/23:2-9900 VERIFICATION I, Mabel Tang, verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date.~ ~t.c: Mabel Tang ~ ^Al\ CERTIFICATE OF SERVICI~ AND NOW, this [if../<- day of May, 2004, I hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 lL!({r;@fUr Michael S. Ferguson, Esquire """-'1-" , ;~ I --;- ('f; r- :'~ ...-::- c~;',.. '''. ~~~ ~,~, -'-1 -<. (") ~;; .r-> c.-" = .c- ~ ....,,., ~ ~ -' (") 11 ..... -:r:-n r11{..;;;: -nn1 :hJ'Y 00 :1. ::f{ ~,:;~() f~-,)n' ~:~ ~ C:J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER JAMES VS TANG MABLE 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: TANG MABLE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 20th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County So 18.00 9.00 10.00 33.50 .00 70.50 OS/20/2004 MDW&O R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ol'l!3: day Of~, ,)00 'f A. D . (\'w-- f) ~ ^ 0.4:. r J '1s;;'othonotat~11 .,..... .........,. A . . .. ~ '4' "___... .', \" 1iI._.___ ~___- \f II) f 11-'1tiU1 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PI.!I:'ASE TYPE ONLY LIE 1 THRU 12 DO NOT DETACH ANY COPES 2 'O?f~Ill'~B~1. L 1 PLAINTIFF/51 James Shaffer 3 DEFENDANT/51 Mable Tang Notice and Canplaint 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLO Mable Tang 6 ADDRESS (STREET OR RFO INITH BOX NUMBER, APT, NO,. CITY, BORO, l'NP. STATE AND ZIP CODE) 1100 Kunkles Mill Road Lewisberry, PA 17339 7. INDICATE SERVICE' Q PERSONAL ,0 PERSON IN CHARGEIIOEPUTIZE Cum~CJ.:!~'.~& 0 1ST CLASS MAIL U POSTED U OTHER NOW March 16 , 20 ~ I, SHERIFF OF ~. COUNTY, PA do hereby deputize the sheriff of Yorl{ COUNTY to execut~ t~;.;.Kmake retur~'according tD law. This deputization being made at the request and risk of the plaintiff. .r ~~~,::::" /"~ . SHERIFF OF ... COUNTY Cumberland 4 TYPE OF VVRIT OR COMPLAINT SERVE .. AT { 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEOITING SERVICE. OUT OF COUNTY ADVANCE FEE PO BY KIIXXXXX cumberland cty sheriff NOTE: ONLY APPLICABLE ON WRIT OF ExEcunON: N.B. WAIVER OF WATCHMAN - Any deputy sherin" levying upon Of atlaching any property l.lnder within wnt may leave same without a watchman, in custOdy of whomever is found in possession, after notifying person of levy or attachment, wilhOOlliability on lhe part of sUCh deputy or ttle sheriff to any plaintiff herein for any loss, deatrudion, Of removal of any propel'ty before sheriff', sale thereof. . 9. TYPENAMEandADDRESSofATTORNEYfORIGINATORandSIGNATURE '.10. TELEPHONE NUMBER 111' OATEFllEO DANIEL K. DEARDORFF, 10 E. HIGH ST. CARLISLE PA 17013 717-243-3341 03-12-04 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: {This area must be completed if notice is 10 be mailed) CUMBERLAND COUNTY SHERIFF'S DEPT. '........ ..'.....!__!I!I.i!_!.._.....~""...Mm\.~.l.llnll__\ftIU_. 13. f KknOwtedge recetpl of the writ 114. DATE RECEIVED 115, Expiration/Hearing Oa or_in...in.ica\ecl..... RONDA M. AHRENS/ RAT 03-)7-2004 04-11-2004 16 HOW SERVED' PERSONAL ( RESIDENCE ( ) POSTED ( POE ( ) SHERIFF'S OFFICE (0' OTHER ( ) SEE REMAR~S BEL< 17. 0 I hereby cet1ify and return a NOT FOUND beCause I am unable to loCate the individual, company, etc_ named above. (See remarks belOW.) 18, NAME #Nit O~I~UA.l SERVED f LIST ADDRESS HERE IF NOT SHOlNN ABOVE {Relationship to Oeftmdanl) )19. Date of Service 120. Time of Service- i- /J..A, ...~\ 3.&2-"\- 0'1 lO:lS ~ 21AMMPTS?t~17~13ir;~ ~~II~~:I~.12IDMeITi~IMi~II"'ID.rerwneIM...I'"'ID..eITi~IMile.I'"' ID.,eITi~IMile'I" 22. REMARKS: ~r);* J' \~ ,_.,.. 5-0.( 23 ;;.~~~osts \2i$:ciYts\25 N~ IB~~ 127 Pos~t3iu~~ol29 Poun.ljo~ 131 5o'cOg J3r50~33~~.~l; st. Fonign County Costa 135 Advance COSls 136 ServICe Costs 137 Notary Cert ~tageIN Fou 139 Tolal Cosls 140 Costs Due or Refune ., AFFIRMEDandSUbscribed'o~~methlS 17 s;g ~ '~DATE '2.ayor HAY .20 S2-'143~ 1". {/~.. Deo". ~.v ":>-6<''1'-O~ rll 1 "fi. ~~Y 46 Signature 47 DATE "cta'i,ISe~' Public ~JItrr',. " HOS =' .#1' - ...~ - 5-17-01 James V_ Vi)ngreen. r-.otary ,,/ {.,./~~ City af York, Yor.k countY2~A2005 48 Sign8lureolForeIQn 49, DATE M C'nmmiS810n EY;?lre';:;. Mer. , County Sherin 50.'" ~U.""QQE RE.GIhP-. Ul- THE SHERIFF'S RETURN SIGNATURE Of' AUTHORIZED ISSUING AUTHORITY AND TITLE 151 DATE RECEIVED 1, \lVHITE - IRuing Authority 2. PINK - Attorney 3. CANARY. Sherirrs Office 4. BLUE. Sheri'I's Office '","-.:ow -... VINV^'ASNN3d '']"1 c ~ ":, r \_f ') "~ .., J.... '.. ~O. Wd U Zl 61 AIM iI~.i ~'~'l W::.~~o F,IFlLESIDAT AFILE\GeneraIICurTentIII032-1 ,repl/ajt Created: 12/29/03 8;3SAM Revised 5/231043,05PM ]]031,1 JAMES SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-1082 MABLE TANG, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT 10. Paragraphs 1 through 9 of Plaintiff s Complaint are incorporated herein by reference. 11. Defendant's averment in this paragraph is a conclusion oflaw, which needs no reply. If reply is required, it is denied that Plaintiffs Complaint is barred by the Pennsylvania Motor Vehicle Financial Responsibility Act. Respectfully Submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By \/l_l k Daniel K. Deardor f, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 24, 2004 Attorneys for Plaintiff VERIFICATION Daniel K. Deardorff, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiff James Shaffer in the within action, certifies that the statements made in the foregoing Plaintiffs Reply to New Math:r of Defendant are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. k .1-~~ D leI K. Deardorff CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Plaintiff s Reply to New Matt.:r of Defend ant was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael S. Ferguson, Esquir.: NEALON & GROVER, P.C. 2411 North Front Street Harrisburg, PA 17110 MARTS ON DEARDORFF WILLIAMS & OTTO i;flM;m/( , By AmiJ. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 24, 2004 ~...... "r) ~~L~ '?f; '.2. ~ <" l~l~r.; Q'H-:--l ~;L: ~';'" ~~~; ~ -~ ::.:.. ~~{. -::'~, ':':::\ x:. C.:> co ......, = = s- o ." ::i:!." n1F -"Om :DC? gr"">. :'"fj ;5,J:~ ~"",o /r-rn ., ~~ ::r.: ". -< N +' -0 ::L: .r:- .,.' ~..,., c::> '< 00 JAMES SHAFFER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MABEL TANG, Defendant NO. 04-1082 CIVIL 2004 RULE 1312-1. The Petition for Appointment of Arbitrators shall. be substantially in the fOllOWing form: PETITION FOR APPOINTMENT OF ARBITRATOItS TO THE HONORABLE, THE JUDGES OF SAID COURT: Daniel K. Deardorff, Esquire , counsel for the plaintj,fff~ in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at iasue. 2. Theclaimof1heplaintiffintheactionis --IJnder $25,OOO.o~. The counterclaim of the defendant in the action is The following attorneys are interested in the ease(s) as counselor are otherwise disqualified to sit as arbitrators: _ MARTSON DEARDORFF WILLIAMS & OTTO and NEALON & GrIoVER, p.e. WHEREFORE. your petitioner prays your Honorable COUlt to appoint three (3) arbitrators to whom the case Shall be submitted. ~,:pec1Ully s milled \:L2J );.. Daniel K. Deardorf Attorney for Plain ORDER OF COURT . 2n..t!L... in consideration of the ~ Esq.. ~l'A:Z:Ac-- .&~.....< / . Esq.. are appointed 3.Ibit ~tors in tbe above captioned action (or By the Court, P.l. ~~ ('-'0 ~ v.J ~ c:P. - ~ ,....c.., (;' as :S H'! L - NflI' ~nnl ~,HVlU;-..;U,-tJJcd ~Hl :!G :O'd:iQ-G31U C><1 <-J\ t 0 ,..., 0 c-" ~;; c-, -'r1 :- ---\ '- :r::::o c;: r1'r- :;1:': -oft' , (f3~ w ?". ;0,:~\ -' c'~ \;-f"? .::.~ ;.~:, <JI :9 -j -~ 0 .. JAMES SHAFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-1082-2004 MABEL TANG, Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and the docket discontinued. Respectfully submitted, MARTSON, DEARDORFF, WILLIAMS & OTTO By: (]JJ h. Daniel K. Dearaorff, Esquir. Attorney 1.0. #17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1/1/ or f / CERTIFICATE OF SERVICE AND NOW, this 3 ~ day of )-o/~,.J,.p, , 2004, I hereby certify that I have served the foregoing Praecipe to Discontinue on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Michael S. Ferguson, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 (~ I DANIEL K. DEARDORF squire (") c g -on:: "-1"'(< z.".:J' 2~r C/o " ~ ~,<,;,,~ <' " ~f~ >...="- ~ =< " ...., = = -=- en rq -u I W o ..., -< :J:-.-, rT1,_ -om 'ut;J p~ .rt-n o-~ ;c;M (.J .-1 ~> ::0 ,< ;roo 3: '2 .:;:- JEer wl i~ " SEP 02 2004 ~'D-'..".,.,,," '" ," "Ii Vii' \ /a tr1fS SM~ In The Court or Co~on Pleas of .- lIY1abe/ /OJ ) ) ) ) ) ) ) Cumberland County, ?ennsylvania ~o. rY..J~ /0 S? -2, !1) ;(00'; c/ OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution or the United States and the Constitutioa of this Common- wealth and that we will discharge the duties of our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) ~d /.17 fa rt>7 ~ ,./ , ,o(a/hh Ij j{!( V ?/ (/ ~ ".- d. d.jtJ, ~ , applicable.) Arbitrator, dissents. (Insert name i: Date of Hearing: p. /7.tJ c./ .P /7. t7V Date of Award: NOTICE OF ENTRY OF AWARD Now, the /7"!::. day or ()". cui award was entered upon t~e~dlolket ?arties or thei~ attorneys. ,2iJb'f, lIIt_, at /tJ:;J!, ...iJ..~I., the above and notice thereof given by mail to the By: ( }", v r /2.f~. ~- .rothonotary O~~ De!>uty Arbitrators' cOmJ>ensation to be paid u!>on appeal: S )JIO.157J ~ ~&.:i' ~y ",/tJ/t,J c~ kt~. 1eA-;:lWt~ ~ ;3etT1Yl"- -pJl "'/0.)(.9 ~ ~ I> ~ s J-'J"::/Cr, ,,/1," ;J...,J K ~f3, \~ '-0 C~ O::'~.:::' .r- - -' c::; r'0