HomeMy WebLinkAbout01-2883
MAFFETT & ASSOCIATES
By: Richard F. Maffett. Jr.. Esquire
Attorney 1.0. #35539
2201 North Second Straet
Harrisburg, PA 17110
(717) 233-4160
Attorneys for Plaintiffs
...............................................................................................
SUSAR B, FARLING end
JAMBS P. FARLING,
plaintiffS
IN THB COUll.T 01' COMMON PLDS
cmmBllLAND COURTY, PBRRSYLVARIA
NO. 01- .2S'P..3
C'ud'-r~
v
SHAFFBIl TIlUCXING, IRC. end
J[UIlT A. LBBSB,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DBllARDBD
................................................................................................
NOTICB
YOU HAVE BEER SUBO IN COUll.T. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that, if you fail to do so, the case may proceed without you and
a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff(s). You may
lose money or property or other rights important to you.
YOU SHOULD TAltB THIS PAPBIl TO YOUll. LAWYBIl AT ONCB. II' YOU
DON'T HAVE A LAWYBIil OIL CARROT AFFORD ORB, GO TO OIL TELBPHORB THB
OFFICB SBT POIlTH BBLOW TO FIND OUT WHBIlB YOU CAR GET LBGAL HBLP.
CtJDBIlLAND COURTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
NOTI:CI:A
LB BAN DBMANDADO A USTBD JnII' LA COIlTB. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda Y la notificacion. usted debe presentar una apariencia
escrita 0 en persona 0 por abogado Y archivar en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la corte tomaro medidas Y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion do demanda. usted puede perder dinero 0
sus propiedades 0 otros derechos importantes para usted.
,
LLBVB BSTA DBIIA1U)A A UN ABOGADO I:1IMBDI:ATAllBNTB. SI: 110 TI:BNB
ABocaGO 0 SI: NO TI:BNB BL DI:Ji1BIlO SUI!'I:CI:BNTB DB pAGAJi, TAL SBIlVI:CI:O.
VAYA BN PBIlSONA 0 LLUIB POll TBLBPOIlO A LA OI!'I:CI:NA CUYA DI:UCCI:ON
SB BNCUlUu,1IlA BSCIlI:TA ABAJO PAllA AVlDlI:GUAIl DeWB SB PUBDB
CONSBGUI:BR ASI:STBNCI:A LBGAL.
ctlMBBIlLAND COUNTY BAIl ASSOCI:ATI:ON
2 Liberty AVeDue
Carlisle, PA 17013-3387
717-249-3166
...........................................................................................
SUSAJI' B. I'ARL:ING and ! :IN THB COURT 01' COIIIION PL:DS
JAllBS 1'. I'ARL:ING, ctl1IBBllLUID COUNTY, PBRRSYLVAJI':IA
Plaintiffs
RO. 01- .2H3 CUxlI.LA.A\'\,...
v
SBU'I'D ftUCJ::ING, :IRC. an4
KURT A. LBBSB,
DefendaDts
C:IV:IL ACT:I01II - LAW
JtJB.y ft:IAL DBlPRDBD
.........................................................................................
COIIPLA:IRT
AND ROW, this
fIn.
day of MaY, 2001, comes the Plaintiffs,
SUSAN E. FARLING and JAMES F. FARLING, by their attorney,
Richard F. Maffett, Jr., Esquire, of Maffett & AsSociates, and
respectfully represent the following:
1. plaintiff, Susan E. Farling is an adult individual
residing at 7043 Carlisle pike, Lot 300, Carlisle, Cumberland
county, pennsylvania.
2. plaintiff, James F. Farling is an adult individual
residing at 7043 Carlisle pike, Lot 300, Carlisle, cumberland
County, pennsylvania.
3. Defendant, Shaffer Trucking, Inc. is a pennsylvania
corporation, with a business address of P.O. Box 418, New
Kingstown, cumberland County, pennsylvania, and which regularly
conducts business in Cumberland County, pennsylvania.
4. Defendant. Kurt A. Leese is an adult individual residing
at 16 Monarch Lane. Mechanicsburg, cumberland county,
pennsylvania.
5. on May 12, 1999. at about 9:12 a.m.. plaintiff susan E.
Farling was operating her automobile on the Carlisle pike (State
Route 11) in the right northbound lane. and was stopped for a red
traffic light at the intersection with Silver Spring Road (State
Route 1011), in Silver spring Township. cumberland county, PA.
6. At the aforesaid time and place. a Capital Area
Intermediate unit school bus was also in the right northbound
lane of the carlisle pike (state Route 11) and was stopped for
the red traffic light at the intersection with Silver spring Road
(State Route 1011). immediately to the rear of the automobile
driven by plaintiff Susan E. Farling.
7. At the aforesaid time and place, Defendant Kurt A. Leese
was operating a tractor trailer, owned by Defendant Shaffer
Trucking. Inc., also in the right northbound lane of the Carlisle
pike (state Route 11) at the intersection with Silver Spring Road
(State Route 1011) immediately to the rear of the capital Area
2
Intermediate unit school bus, being the second vehicle to the
rear of the automobile operated by plaintiff Susan E. Farling.
8. At the aforesaid time and place. while plaintiff Susan
E. Farling's auto and the Capital Area Intermediate unit school
bus were still stationary at the traffic signal at the
intersection of the Carlisle pike and Silver spring Road,
Defendant Kurt A. Leese drove his tractor trailer into the rear
of the school bus, which said impact caused the front of the
school bus to strike the rear of plaintiff's auto, as a result of
which, plaintiff Susan E. Farling suffered severe physical
injury.
COUft ORB
9. plaintiffs incorporate by reference the averments of
paragraphs 1 through 8 above. as fully as though herein set forth
at length.
10. Defendant Kurt A. Leese owed a duty to other lawful
users of the roadways in the Commonwealth of pennsylvania to
operate his tractor trailer in such a way as not to cause harm or
damages to said other persons and to Plaintiff Susan E. Farling
in particular.
3
11. The collisions and all of the injuries and damages
hereinafter related are the direct result of the careless,
reckless, and negligent manner in which Defendant Kurt A. Leese
operated his tractor trailer as follows:
(a) failing to maintain adequate control over his vehicle;
(b) failing to properly observe other traffic. and acting
without due regard for the position of the other vehicles on the
roadway, including plaintiff's;
(c) following too closely at an excessive rate of speed;
(d) failing to apply his brakes in time to avoid striking
other vehicles;
(e) traveling too fast for conditions; and
(f) and, in otherwise operating his vehicle in a manner
endangering persons and property. and with careless disregard for
the rights and safety of others, in violation of the Motor
Vehicle Code of the commonwealth of Pennsylvania.
12. As a direct and proximate result of the aforesaid
collision. plaintiff suffered injuries including, but not limited
to, the following:
(a) cervical sprain/strain;
4
(b) torn right rotator cuff;
(c) bilateral carpal tunnel syndrome;
(d) lumbar strain/sprain; and
(e) multiple contusions to the chin, sternum, shoulders and
hips.
13. AS a result of the injuries she received caused by the
aforesaid collision, plaintiff Susan E. Farling has in the past,
and may incur in the future, reasonable and necessary medical and
rehabilitative costs and expenses for treatment of her aforesaid
injuries.
14. AS a further result of the aforesaid collision,
plaintiff Susan E. Farling has suffered a loss of earnings, and
impairment of her earning capacity and power, and claim is made
therefore.
15. AS a further result of the aforesaid collision,
plaintiff Susan E. Farling has suffered permanent diminution of
her ability to enjoy life and life's pleasures.
16. As a result of the injuries she received caused by the
aforesaid collision, plaintiff Susan E. Farling has undergone in
5
the past, is undergoing in the present, and will undergo in the
future, great pain and suffering.
17. As a direct and proximate result of the aforesaid
collision, the plaintiff Susan E. Farling has incurred other
financial expenses and/or losses which exceed the sums
recoverable under the limitations and exclusions of the
pennsylvania Motor vehicle Financial Responsibility Law.
WBBRBFORB, plaintiff Susan E. Farling demands judgment
against Defendant Kurt A. Leese in an amount in excess of Thirty-
Five Thousand ($35,000.00) Dollars, exclusive of interest and
costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
comrr TWO:
18. plaintiffS incorporate by reference the averments of
Paragraphs 1 through 17 above as fully as though herein set forth
at length.
19. At all times material and relevant to this complaint,
Defendant Kurt A. Leese was acting as an employee, servant and
agent of the Defendant Shaffer Trucking, Inc. and was engaged in
6
said Defendant's business and within the scope of his employment
with said Defendant Shaffer Trucking, Inc.
20. Defendant Shaffer Trucking, Inc., as the employer of
Defendant Kurt A. Leese, is liable to Plaintiffs under the theory
of respondeat superior for the Defendant Kurt A. Leese's
negligence, as set forth herein above.
21. Defendant Shaffer Trucking, Inc., jointly and severally,
as the employer of Defendant Kurt A. Leese, was negligent and
reckless by knowingly and intentionally failing to properly
select, train, and supervise their driver, Defendant Leese.
1mBRBPORE, Plaintiff Susan E. Farling demands judgment
against Defendant Shaffer Trucking, Inc. in an amount in excess
of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of
interest and costs and in excess of any jurisdictional amount
requiring compulsory arbitration.
COURT TJIIlBB
22. Plaintiffs incorporate by reference the averments of
Paragraphs 1 through 21 above as fully as though herein set forth
at length.
7
23. Plaintiffs, Susan E. Farling and James F. Farling, are
husband and wife.
24. As a result of the Defendants' negligence as set forth
above, resulting in injuries to plaintiff Susan E. Farling, as
detailed above, plaintiff James F. Farling has been deprived of
the consortium, assistance and society of his wife, Susan E.
Farling, all of which has been to his great damage loss.
WBBRBFORB, plaintiff James F. Farling demands judgment
against Defendants in an amount in excess of Thirty-Five Thousand
($35,000.00) Dollars, exclusive of interest and costs, and in
excess of any jurisdictional amount requiring compulsory
arbitration.
Respectfully submitted,
/lA/1 1. t!;/!t ;/
Richard F. Maffe ,Jr, Esq.
8
VEIlXI'XCATXOH
I, SUSAN E. FARLING, have read the foregoing complaint and
hereby affirm that it is true and correct to the best of my
knowledge, or information and belief. This verification and
statement is made subject to the penalties of 18 Pa. C.S.A. 54904
relating to unsworn falsification to authorities; I verify that
all statements made in the foregoing are true and correct and
that false statements may subject me to the penalties of 18 Pa.
C.S.A. 54904.
Dated: r:- J 1- tJ I
ff
..
MAFFETT &: ASSOCIATES
ATTORNEYS.AT.LAW
2201 NORTH SECON D STREET
HARRISBURG, PENNSYLVANIA 17110
PHONE 717,233.4160 . FAX 717.233,2342
~;.
...
VERXFXCATXON
I, JAMES F. FARLING, have read the foregoing Complaint and
hereby affirm that it is true and correct to the best of my
knowledge, or information and belief. This verification and
statement is made subject to the penalties of 18 Pa. C.S.A. ~4904
relating to unsworn falsification to authorities; I verify that
all statements made in the foregoing are true and correct and
that false statements may subject me to the penalties of 18 Pa.
C.S.A. ~4904.
Dated: G"I, 1\ C '\
(' n.~4~~~
~S F. FARLING, Plaihtiff
11111111111111111111111111111,1111111111111111111: II :1111111111111111111111111111111111111111111111111I11:111111,.1111 111I1
~-
I
sc.
Z '0
<I)~ s::
<...:I <tl
~>< ,
~<I) 0
Z Z
ZZ '0 H
Olil s:: 81
:O:~ 0 <tl ~
:0: lil ~ Cl Z
o ~ 0 ClCl ~ Z rI) H
O~ ;3:Z ZZrI) H ~+> <
<< HH..... I><:lil~ ...:I
lk.Z ...:1:0: ...:1...:1..... 0<1) ~
0::> :k~ P::P::..-I ::>lil'O :0:
0 <<+> P::lilS:: 0
80 8...:1 lk.lk.s:: 8...:1C11 01
P::o ..-I .....
8< , , <tl P:: 'C11
::>Z OH lillk...... lil<O
0<
0...:1 <P:: ~ > lk.8
8 Z<I) lk.p::
lilP:: ...:1>< <~ <::>
:J::lil
81Il Hp:: <1)< ~I><:
:0: , ~::> ~I-;)
0
Z::> Z 01-;)
HO
U') ':- -g~
... "-
~ .; . t";
~ I . ..~ ~
...
-J +-. ~ ~
..
']
. , ~
. ~
.. "_i .......
,.,
. :.: ~-.l... , ~
,,- :5 .
..... u ~ <) ~
() ~ ~
~ l1 ~ aL
~ U
bt
-
MAFFETT & ASSOCIATES
BV: Richard F. Maffett. Jr.. ESQuira
\0 #36539
2201 North second Straet
Harrisburg. PA 17110
717_233-4160
Attorneys for Plaintiffs
v
:t)1 TaB conT OF c()lDlO)1 PLBAS
CtJ)IB~ cotnftY, pB1DISYLVA!l:tA
RO. 01-2883 C:tV:tL TBRM
C:tv:tL ACT:tO)1 - LAW
SUSA!I B. Fp.L:t)1Q aDd JAMBS F.
FAJI,L:t)1Q,
p1aiDtiffB
sBAI'FP TllUC:J.:t1l1G, :t)1C. aDd
:J,1JllT A. LBBSB,
>>efaDdaDtB
JURy T:a:tAL >>JDIAIIDBD
I. a1cloard .. ..ffett. 't.. ....ite. do herebY cert1fy that
I served the ~ls1Dt iD the """""."""tioned matter upon the
nofe....ts. Shaffer TrUekiD', IDe. sod..rt A. Leese. bY ma11ing
A~~XDAVX~ O~ SB1VXCB
a true and correct copy of the same by first clasS mail, at
Harrisburg, pennsylvania, on MaY 11, 2001 addressed to:
Michael Hikes, Risk Manager
Transportation Claims
P.O. BoX 580
New Kingstown, PA 17072
said complaint waS received by Michael Hikes on behalf of
the Defendants, on MaY 14, 2001, as evidenced by the Acceptance
of service attached hereto and signed by Michael Hikes.
Dated: "i\C'- '\ '<E;
, 2001
J1~v'i f. YtrMt- t,
Richard F. Maffett, r., Esquire
sworn to and sul:l~<<i.v.bed
before me this \4) day
of MaY, 2001.
f Wvvv< f ~..-
NOTARIAL EAL
ELLEN ROS~N8LOOM. Notary Public
CItY at HarriSbUl'Q. Dauphin CounlY
Iv CoIlImlsslon Ex res Mil 8. 2003
.. .
_.;,;;-;~_~-;;;;;:----1 IJl _ coua" .. - ...-
JAMBS F, VAJI,L:t1l1G, \, CtJ)IBpLAJID coUl1Ty, pB1DISYLVA!I:tA
p1aiDtUfB
. \ BO. OH881 Civil Term
\ C:tV:tL ACT:tO)1 - LAW
\ JURY Tll:tAL >>BllABDBD
sBAI'FP TllUC:J.:t)1Q, :t)1C. aDd
_'" .. _ LBBSB,
SUSAN E. FARLING and
JAMES F. FARLING.
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PA
DOCKET NO.: 01,2883
v.
SHAFFER TRUCKING. INC. and
KURT A. LEESE.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants. Shaffer Trucking. Inc.
and Kurt A. Leese. in the above captioned action.
By:
PETERS & W ASILEFSKl
(, ,II
'~' /1'
'f. . 0;' }~..
;" ,i; ~..,..- ./.'V
f ,. ....
Demfs J. Bonetti. Esquire
Attorney J.D. #34329
2931 North Front Street
Harrisburg. PA 17110
(717) 238,7555
Counsel for Shaffer Trucking. Inc. and
Kurt A. Leese
Date:
(_/i) I )/1).'
j: )'T!
.
I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry
of Appearance has been duly served upon all counsel of record and parties of interest by
depositing the same in the United States mail. first class, postage prepaid, in Harrisburg,
Pennsylvania. on this 3r:t6 day of ?;:Z~
. 2001. addressed as follows:
Richard F. Maffett, Jr., Esquire
Maffett & Associates
2201 North Second Street
Harrisburg. PA 17110
PETERS & W ASILEFSKI
?;0t~ R ~'t!/I....
=
I
~ 1l
~~N~~
'" 3! 10 z IT1
~~~~:u
a~z.Ul
z G1 0 Z '"
'" iJ ~ c ...
:;:} '" :I 0 ~
z ~. 0
- z ., c: :r>
:::! en ~ z Ul
0( z en
N!( -I '"6 _
III . Ul r
~ ~ ~ ~ IT1
Ul - '" ~ 'Tl
ffi ::! ~ r !a
o ~ c
!
.:.
()
,
r;,:
~ ~ .
ii
r.'_
.-::.
, "
..;
-'.
.'
.....
.
SUSAN E. FARLING and
JAMES F. FARLING,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
DOCKET NO.: 01-2883
v.
SHAFFER TRUCKING, INC. and
KURT A. LEESE,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
STIPULATION
IT IS HEREBY STIPULATED, by and through counsel for the respective
parties that Paragraph 11(0 is stricken from the Complaint.
'J!'
ichard F. Maffett. J .. Es
Maffett & Associates
2201 North Second Street
Harrisburg, PA 17110
Date: 7)0,
Denni J. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
! Ill'
Date. -, 11 ' I
. / I
,
SUSAN E. FARLING and
JAMES F. FARLING,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
DOCKET NO.: 01-2883
v.
SHAFFER TRUCKING. INC. and
KURT A. LEESE,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
NOTICE TO PLEAD
To: Plaintiffs. Susan E. Farling and James F. Farling, c/o their counsel,
Richard F. Maffett, Jr., Esquire
Maffett & Associates
2201 North Second Street
Harrisburg, PA 17110
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer
and New Matter within twenty (20) days from service hereof or a judgment may be entered
against you.
By:
P~~~ r ASILEFSKI
./' I~
II I I . /
l ' /
, .
'.' .
De s J. Bonetti. Esquire
I
At,torney I.D. #34329
2931 North Front Street
Harrisburg. PA 17110
717-238,7555
Counsel for Defendants,
Shaffer Trucking, Inc. and Kurt A. Leese
Date:
7!Z<:;!D!
SUSAN E. FARLING and
JAMES F. FARLING,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
DOCKET NO.: 01-2883
v.
SHAFFER TRUCKING, INC. and
KURT A. LEESE,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
ANSWER WITH NEW MATTER
AND NOW, comes Defendants, Shaffer Trucking, Inc. and Kurt A. Leese (hereinafter
~Defendants") by and through their counsel, Peters & Wasilefski. and hereby files the
following Answer to Plaintiffs' Complaint:
1. Denied. After reasonable investigation, Defendants are without knowledge or
information sufticient to form a belief to the truth of the averments contained in paragraph 1
and the same is therefore denied.
')
~.
Denied. After reasonable investigation. Defendants are without knowledge or
information sufticient to form a belief to the truth of the averments contained in paragraph I
and the same is therefore denied.
3. Admitted.
4. Admitted.
5. Denied. The averments contained in paragraph 5 are denied pursuant to
Pa.R.C.P. 1029(e).
6. Denied. The averments contained in paragraph 6 are denied pursuant to
Pa.R.C.P. 1029(e).
7. Admitted in part and denied in part. It is admitted that Defendant. Kurt A.
Leese was operating a tractor,trailer owned by Defendant. Shaffer Trucking. Inc. The
remaining averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e).
8. Denied. The averments contained in paragraph 8 are denied pursuant to
Pa.R.C.P. 1029(e).
COUNT ONE
9. Denied. Defendants hereby incorporate their answer to paragraphs 1 through 8
as though the same were fully set forth herein at length.
10. Denied. The averments contained in paragraph 10 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required, Defendants are advised by
counsel and therefore aver that the allegations contained in paragraph 10 state conclusions of
law to which no answer is required.
11. Denied. The averments contained in paragraph 11. including subparagraphs (a)
through (t), are denied pursuant to Pa.R.C.P. 1029(e). To the extent a further answer is
required. Defendants are advised by counsel and therefore aver that the allegations contained in
paragraph II, including subparagraphs (a) through (t), state conclusions of law to which no
answer is required.
12. Denied. The avennents contained in paragraph 12, including subparagraphs (a)
through (e). are denied pursuant to Pa.R.C.P. 1029(e). To the extent a further answer is
required, after reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph 12, including
subparagraphs (a) through (e), and the same is therefore denied.
13. Denied. The averments contained in paragraph 13 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required. after reasonable investigation.
Defendants are without knowledge or infonnation sufficient to fonn a belief as to the truth of
the averments contained in paragraph l3and the same is therefore denied.
14. Denied. The avennents contained in paragraph 14 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation,
Defendants are without knowledge or information sufficient to form a belief as to the truth of
the averments contained in paragraph 14 and the same is therefore denied.
15. Denied. The averments contained in paragraph 15 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation.
Defendants are without knowledge or infonnation sufficient to form a belief as to the truth of
the averments contained in paragraph 15 and the same is therefore denied.
16. Denied. The averments contained in paragraph 16 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation,
Defendants are without knowledge or infonnation sufficient to fonn a belief as to the truth of
the avennents contained in paragraph 16 and the same is therefore denied.
17. Denied. The averments contained in paragraph 17 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation,
Defendants are without knowledge or information sufficient to form a belief as to the truth of
the averments contained in paragraph 17 and the same is therefore denied.
WHEREFORE. Defendants demand judgment in their favor and against Plaintiff
without costs.
COUNT TWO
18. Denied. Defendants hereby incorporate their answer to paragraphs 1 through 17
as though the same were fully set forth herein at length.
19. Admitted.
20. Denied. The averments contained in paragraph 20 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required. Defendants are advised by
counsel and therefore aver that the allegations contained in paragraph 20 state conclusions of
law to which no answer is required.
21. Denied. The averments contained in paragraph 21 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required. Defendants are advised by
counsel and therefore aver that the allegations contained in paragraph 21 state conclusions of
law to which no answer is required.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs
without costs.
coUJIIT TlIBEE
22. Denied. Defendants hereby incorporate their answer to paragraphs 1 through 21
as though the same were fully set forth herein at length.
23, Denied. The averments contained in paragraph 23 are denied pursuant to
Pa.R.C.P. 1029(e). After reasonable investigation. Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph
23 and the same is therefore denied.
24. Denied. The averments contained in paragraph 24 are denied pursuant to
Pa.R.C.P. l029(e). Defendants are advised by counsel and therefore avers that the allegations
contained in paragraph 24 state conclusions of law to which no answer is required. By way of
further answer. after reasonable investigation. Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph
24 and the same is therefore denied.
WHEREFORE. Defendants demand judgment in their favor and against Plaintiffs
without costs.
NEW MATTER
25. Plaintiffs' claims may be barred by the applicable statute of limitations.
26. Any damages Plaintiffs may recover in this action should be reduced or barred.
in whole or in part. by the Pennsylvania Motor Vehicle Responsibility Act. as amended.
27. Plaintiffs' alleged injuries and damages. if any. which are specifically denied.
may have been caused. either in whole or in part by the acts or omissions of third parties other
than Defendant.
28. Plaintiffs' alleged injuries and damages. if any. which are specificallY denied.
may have been pre,existing. either in whole or in part and are not causally related to the
accident giving rise to the present litigation.
29. Plaintiffs' claims are reduced or barred by the Comparative Negligence Act.
Plaintiffs' contributory negligence consisted of. but is not limited to:
a. Failing to keep a proper lookout:
b. Failing to pay attention to vehicles on the roadway: and
c. Failing to take evasive maneuvers in an attempt to avoid
the alleged impact.
30. Discovery may reveal that Plaintiffs' claims may be barred in whole or in part
by one or more affinnative 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.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs,
without costs.
"'" 7/z5/OI
~S [f.w ASILEFSKI
(!:' , r
~~! ! . 1<1'-":'
By: / ,_A~fJ.' I'.
Denn,ls J. Bonetti, Esquire
AttoJney J.D. #34329
2931 North Front Street
Harrisburg. Pennsylvania 17110
717,238,7555
Counsel for Defendants,
Shaffer Trucking, Inc. and Kurt A. Leese
VERlFICA TlON
I hereby affirm that the following facts are correct:
I am the Defendant in this matter. The attached Answer and New Matter to
Plaintiffs' Complaint is based upon information which I have furnished to my counsel and
information which has been gathered by my counsel in the preparation of the lawsuit. The
language of the Answer and New Matter to Plaintiffs' Complaint is that of counsel and not of
me. I have read the Answer and New Matter to Plaintiffs' Complaint and to the extent that the
same is based upon information which I have given to my counsel, it is true and correct to the
best of my knowledge, information and belief. To the extent that the content of the Answer
and New Matter to Plaintiffs' Complaint is that of counsel. I have relied upon counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer
and New Matter to Plaintiffs' Complaint are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: 7ftf'~
~
h
~--
/Kurt A. Lees
f-
VERIFICATION
I hereby affirm that the following facts are correct:
I am the Defendant in this matter. The attached Answer and New Matter to
Plaintiffs' Complaint is based upon information which I have furnished to my counsel and
information which has been gathered by my counsel in the preparation of the lawsuit. The
language of the Answer and New Matter to Plaintiffs' Complaint is that of counsel and not of
me. I have read the Answer and New Matter to Plaintiffs' Complaint and to the extent that the
same is based upon information which I have given to my counsel. it is true and correct to the
best of my knowledge, information and belief. To the extent that the content of the Answer
and New Matter to Plaintiffs' Complaint is that of counsel. I have relied upon counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer
and New Matter to Plaintiffs' Complaint are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: 7~<I / If I
",e;J& ;?;1~-t
t..-
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing Answer with New
Matter has been duly served upon all counsel of record and parties of interest by depositing
the same in the United States mail, first class, postage prepaid. in Harrisburg, Pennsylvania,
on this J..lf! day of f~ ,2001. addressed as follows:
Richard F. Maffett. Jr., Esquire
Maffett & Associates
2201 North Second Street
Harrisburg, PA 17110
PETERS & W ASILEFSKI
~~~ ~.~
Richard F. Maffett, Jr.. Esquire
Attorney 1.0. #35639
2201 North Second Street
Harrisburg, PA 17110
(717) 233-41 eo
Attorneys for Plaintiffs
.................................................................................................
SUSAR E. PARLIHG IlDd i IH THB COURT OP COIIMOH PLEAS
JAMBS P. PARLIHG, i ClJIIBBRLAIm COmr.ry, PBRJfSYLVARIA
Plai:a.tiffs
v
HO. 01-2883
SBAI'PBR TRUCltIIfQ, IHC. IlDd
KURT A. LEESE,
Defe:a.da:a.ts
CIVIL ACTIOH - LAW
JURY TRIAL DBllAJfDBD
.................................................................................................
PLAIRTIPPS' REPLY TO DEP~S' OW HATTER
AJm HOW, this ~J., day of ;VD~~~"", , 2001, comes the
Plaintiffs by their attorney, Richard F. Maffett, Jr., Esquire,
and in response to Defendants' New Matter submits the following:
25. Denied. This Paragraph is a conclusion of law to which
no response is required.
26. Denied. This Paragraph is a conclusion of law to which
no response is required.
27. Denied. All of Plaintiffs' injuries and damages were
caused solely by the negligent acts and/or omissions of
Defendants, as more fully set forth in Plaintiffs' Complaint, and
were not caUsed, in whole or in part, by any acts and/or
omissions of third parties other than Defendants.
28. Denied. All of Plaintiffs' injuries and damages were
caUsed by the Subject accident involving Defendants and not by
any pre-existing condition, nor by any other eVent.
29. Denied. This Paragraph is a Conclusion of law to which
no response is required. To the extent that a response may be
deemed to be required, it is denied that either Plaintiff was
Contributorily negligent in any fashion. Plaintiff Susan E.
Farling at all times kept a proper lOOkout, and/or paid proper
attention to all vehicles on the roadway. It is denied that
there were any .va.i.. ....UVer. that Pla1.ti" SUaan S. Far11ng
COUld ha.. t.... in an attOOpt t. ave1d the impact ca...d a.,.,y
by Defendants.
30. Denied. This Paragraph is a Conclusion of law to which
no responsive Pleading is required.
NKBRBPORB, Plaintiffs request that Defendant's New Matter be
dismissed and jUdgment be entered in faVor of Plaintiffs.
Respectfully sUbmitted,
fA
Maffe
DRIPICA1'ION
I, BUBAN E. FARLING, have read the foregoing Plaintiffs'
Reply To Defendant., Ne. Natter and hereby affirm thet it i. true
and correct to the best of my knoWledge, or information and
belief. Thi. verification and .tatement i. made 'Ubject to the
penalties of 18 Pa. C.B.A. 14904 relating to unsWOrn
fal.ification to 'Uthorit'e., 1 ver'fy that all .tatement. ....
'n the forego'ng are true and correct and that fal.e .tatement.
may Subject me to the penalties of 18 Pa. C.B.A. 14904.
Dated: 1/J-/8"'-()/
SUBAN E. FARL
iff
CBRTIPICATE OP SERVICE
The undersigned hereby certifies that he served a true and
correct copy of the foregoing Plaintiffs' Reply To Defendants'
New Matter upon Counsel of record by depositing same in the
United States Mail, postage prepaid, addressed as follows:
Dennis J. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
Dated:
III ~JOI
6;~
... !
;..\"
.....
~.."
;.~~.
;.? ~
,
:';-=:
::;!
(')
0;::
'.,
c_"
-
I
....'
-7'
-;
i::
~.,
J
,
.'
,.
...:
:~.?
. . -."
SUSAN E. FARLING and
JAMES F. FARLING,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
DOCKET NO.: 01-2883
SHAFFER TRUCKING, INC. and
KURT A. LEESE,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
PRAECIPE FOR WITIIDRA WAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Defendants, Shaffer Trucking, Inc. and
Kurt A. Leese, in the above,captioned action.
I
j, J \)/" 'f
r t.-{! t. !
ZtJr#rASIL'''Kl
. ' fi:'J,.
:._"./~-.
De 5 J. Boneni, Esquire
All ney J.D. #34329
293 I North Front Street
Harrisburg, PA 17110
(717) 238-7555
PRAECIPE FOR ENTRY OF APPEARANCE
By:
Date:
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants, Shaffer Trucking, Inc. and Kun
A. Leese, in the above-captioned action.
By:
/~
, i
I //
C , .~~'''''RNER
I .~/ 7'fIn~
a?T/J
i Den s J. Bonelli, Esquire
At rney J.D. #34329
1017 Mumma Road
Lemoyne, PA 17043,1145
(717) 975,9600
1I""IOol
nil. ,
'. I
Date:
I l{~y CERTIFy tJ.
lVi' '.lIat a true aIld
ItbdraJral~lJtry of .4p...._ """", "'Py or <he ........ .......,., to,
""''''1Illce has J._~
"<'ell dUly served U n
Parties Of'interest by denn 'ff Po aU counsel of recOrd and
<,"Sl llg the same ill th lJ. .
. , -.....-"
II] IiarnSburg, Pel/l]sYlvania . r-o.'Joql.rl , ITSt Class, PoStage prepaid,
' On thIS ~ day Of
" full."" . 21104. """"'"
CERTIFICATE OFs.......
!i<!'(!'lCE
CERTIFICATE OF SERVICE
as follows:
"""" of 10_, by -itlog "" _ 10 "" Uo;", """ "'iI. f"" olu.. ......, /><'"",,,
qJn
10 -..... .....y,_. 00 "'" d5l..y of . 2004. ....,~""
W.............., of A-...." "" '- d"y ""'" """0 .u 0"'''<1 of """" '0</
I fIEREBy CERTIFy .., · '"'" ... """", _ of "" f"""",o, _po for
Richard F. Maffett, Jr., Esquire
Maffett & AssOCiates
2201 North Second Street
Harrisburg, PA 17110
g ~ ~
~
:.::. ..., ~
-'V' ~
I.~(\ i~" P'~
"';....'. \
;.:~( ,
(I~ ;.:.". '"
-....
~C. ....,
zC ~ =oft
.--:.l.".J t:?
:P'C:: ~
~ - ~
'"
In The Court of Common Pleas of
Cumberland County, Pennsylvania
FileNo,
2001-02883
FARLING SUSAN E ET AL
vs
SHAFFER TRUCKING INC ET AL
STATEMENT OF INTENTION TO PROCEED
To the Court:
Plaintiff, Susan E. Farling
intends to proceed with the above captioned matter.
Date:
j/2L./OLt
, f
///1.1 / h/j.f7 t
Attom~y for Plaintiff , Susan E. Farlin~
Richard E. Maffett, Jr., Esquire
'c?>
'?
(r>
(.:
-.;:i
~'::>
~~
...(, ('.1
('"
('.0
o
-(1
..-\
~~g
:'\('-)
:_,
) .~--
.'
~':.
-,,,,,\";
'~~?\
"'9
. -~:!.
....::,.
-
.
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be t)pewrit1m ani &hnittOO in ~iaIe)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the following case:
(Check one) (.I) for JURY trial at the next term of civil court.
._______________L)_f!!!_!.I:.ta)_!':.i.!!t_~l!Ll!j!l}:.t:..___________________________________________________
CAPI10N OF CASE
(entire caption must be stated in full)
(check one)
SUSAN E. FARLING and JAMES F. FARLING
Plaintiffs
(.I) Civil Action - Law
o Appeal from Arbitration
( )
(Oth,er)
vs.
SHAFFER TRUCKING, INC. and KURT A. LEESE,
Defendants
The trial list will be called on August 23, 2005
Trials commence on September 19,2005
Pretrials will be held on August 31, 2005
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to all
counsel, pursuant to local Rule 214.1)
No. 01-288.3
Indicate the attorney who will try case for the party who flIes this praecipe: Richard F.
Maffett. Jr.. ESQuire. ID#35539. 2201 North Second Street. Hanisburl!. PA. 17119. (717) 233-
4160
Indicate trial counsel for other parties if known: Dennis J. Bonetti. ESQuire. Cioriani &
Werner. 1017 Mumma Road. Lemovne. PA. 17043-1145. (717) 975-9600
This case is ready for trial.
Signed: ~1 I ~j/
Print Naml~: Richar . M [ett, Jr., Esq.
Attorney for PLAINTIFFS,
Susan E. & James F. Farling
Dated: 07/28/05
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he served a true and correct copy of the foregoing
Praecipe For Listing Case For Trial upon counsel of record by depositing same in the United
States Mail, postage prepaid, addressed as follows:
Dennis J. Bonetti, Esquire
Cipriani & Werner
1017 Mumma Road
Lemoyne, PA 17043-1145
Dated: 07/28/05
~J1 f, ~~fi ~/"
Richard F. Maffett, Jr. sq.
. "
(~. ,......,
.. c:.:) 0
r:-:::'l
c.r, -n
L ::;:f
ril :IJ
r~-'
".) :'T-;
co ..
(j~..
,-
---,.
c"":'
r-i',
.r:-
e,
16
Susan E. Farling and James F. Farling
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
Shaffer Trucking, Inc. and Kurt A. Leese
: NO. 01-2883 CIVIL TERM
ORDER OF COURT
AND NOW, August 23, 2005, by agreement of counsd, the above-captioned
matter is continued from the September 19, 2005 Argument Court list. Counsel is directed to relist
the case when ready.
By the Court,
Richard F. Maffett, Jr., Esquire
For the Plaintiff
Dennis 1. Bonetti, Esquire
For the Defendant
~
- /
~ 8'.;L9.11!>
~
Court Administrator
jk
\ili\'.;/jY1-A::::'.Ij.J::Jd
1 J(,;n('-,' . ":.'A!n.......
I\..w',""'" ".()'dlv
0'1:6 H~ 92 SOV SOOl
AWWNOHlOlid 3Hl :10
38IJJO-0311:l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
SUSAN FARLING and JAMES F.
FARLING,
Plaintiffs
) CASE NO: 01-2883
)
)
)
)
\
v.
SHAFFER TRUCKING, lNe. and KURT A.
LEESE,
Defendants
)
)
)
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly mark the above-captioned matter settled, discontinued and ended.
Respectfully submitted,
BY:
)L~ lv rv7
RICHARD MAFFlT , ES
Maffett & Associates
2201 North Second Street
Harrisburg, PA 17110
Date: 9) 1)) Q 5'
Attorney for the Plaintiff
.
--.---..................
CERTIFICATE OF SERVICE
That counsel for the Defendants hereby certifies that a true and correct copy of its
PRAECIPE TO SETTLE, DISCONTINUE AND END has been served on all counsel of
record, by first class mail, postage pre~ to the Pennsylvania Rules of Civil
Procedure, on the .;<.3 day of ,2005.
Richard Maffett, Jr.
Maffett & Associates
220 I North Second Street
Harrisburg, P A 17110
Respectfully submitted,
BY:
ERNER, P.C.
IS J. BONETTI, ESQUIRE
ttomey for the Defendants
o
~:,~
~
c/>
r;j
N
--'
1.--
c:
-z
::.1
~
?'
:>
o
-n
.-1
-r: -n
flir::
-n~
~-q ~\)
~-~C:}
-"r::. :]1 ~
I;?(]
aid
___I
7"5
::<::
'R
.r.
<...J