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HomeMy WebLinkAbout13-7028 Supreme Ca. ennsylvania COUr t� ti Co". o leas For Prat /ro�tntarp Use Ont f I Cil . Ve S le / t Docket No: Cu, erland' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and senice of pleadings oF - other papers as reyuii-ed h}% laly or roles of court. Commencement of Action: S 0 Complaint 0 Writ of Summons J Petition 71 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Scott Clopper Daphne Fox and Ozark Motor Lines, Inc. Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? ED Yes 0 No (check one) E outside arbitration limits O N Is this a Class Action Suit? © Yes n No Is this an MDJAppeal? Yes Ix No A Name of Plaintiff /Appellant's Attorney: CHRISTINA L. BRADLEY Check here if you have no attorney (area Self- Represented JPro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include.Alass Torl) CONTRACT ((Io no! include.hulgmews) CIVIL APPEALS E Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card © Board of Assessment Xi Motor Vehicle 0 Debt Collection: Other ® Board of Elections Nuisance Dept. of Transportation S J Premises Liability U Statutory Appeal: Other Product Liability (does not include 0 Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C ❑ Other.— [3 Employment Dispute: Other ©Zoning Board T ® Other: I ❑ Other: O MASS TORT Asbestos N ❑ Tobacco E3 Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: 0 Ejectment Q Common Law /Statutory Arbitration B J Eminent Domain /Condemnation © Declaratory Judgment Ground Rent Mandamus Landlord /Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY n•anto Mortgage Foreclosure: Commercial Q uo Wa Ij Dental Q Partition Replevin Q Legal [3 Quiet Title Other: IJ Medical Other: iiJ Other Professional: Updated 1/1/2011 Christina L. Bradley, Esquire d'3 110` , ; FREEBURN & HAMILTON `' PH I. �1 ID No. 89107 Ct1 t f ` AND 2040 Linglestown Road OU N '' v suite 300 EN NSYLVANIA Harrisburg PA 17110 (717) 671 -1955 ChristinaB(u)pa- iniurylawyer. com SCOTT CLOPPPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAPHNE FOX AND OZARK MOTOR r� ^ p LINES, INC., : NO. ) 3• IGA O G ut Defendants 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 OR CANNOT AFFORD ONE, 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 (800) 990 -9108 Dated: Christina L. Bradley, Es uire Attorneys for Plaintiff Q � �1�3• a-44 a 907;/ 2age7/? Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671 -1955 ChristinaBnpa- iniurylawyer. com SCOTT CLOPPPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAPHNE FOX AND OZARK MOTOR LINES, INC., NO. Defendants NOTICE LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LISTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990 -9108 Dated: N a1kC m bLA Z 5_. 2W t? Christina L. Bradley, ES Attorneys for Plaintiff 2 Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671 -1955 ChristinaBnt3a- iniurylawyer. com SCOTT CLOPPPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAPHNE FOX AND OZARK MOTOR LINES, INC., NO. Defendants COMPLAINT AND NOW, comes Plaintiff, Scott Clopper, by his attorneys, Freeburn & Hamilton, and files the following Complaint: 1. Plaintiff, Scott Clopper, is an adult individual who resides at 561 Pine Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Daphne Fox, is an adult individual who resides at 8281 Whitehead Drive, Southaven, Mississippi. 3. Defendant, Ozark Motor Lines, Inc., is a Tennessee Corporation with its principal office located at 3934 Homewood Road, Memphis, Tennessee. 4. The facts and occurrences hereinafter related took place on or about August 23, 2012, at approximately 2:18 p.m. on or about SR 34 near the intersection with Pine Road in South Middleton Township, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff, Scott Clopper was a front seat passenger in a 1991 Ford Bronco, which was travelling northbound on State Route 34, approaching the intersection of State Route 34 and Pine Road. 6. At that time and place, Defendant, Daphne Fox, was operating a 2009 Freightliner truck with attached trailer, which was owned by Defendant, Ozark Motor Lines, northbound on State Route 34 at some distance behind the vehicle in which Plaintiff, Scott Clopper, was a passenger. 7. At that time and place, the vehicle in which Plaintiff, Scott Clopper, was a passenger, slowed to a stop to make a left turn onto Pine Road, at which time Defendant, Daphne Fox, failed to bring her tractor trailer to a stop, causing the front of the tractor trailer to violently impact with the rear of the vehicle in which Plaintiff, Scott Clopper, was a passenger. 8. At all times relevant hereto, Defendant, Daphne Fox, was acting within the course and scope of her employment for Ozark Motor Lines, Inc. 9. By reason of the aforesaid collision, Plaintiff, Scott Clopper, sustained painful and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, neck and left ankle injuries. 10. By reason of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 11. The aforesaid collision and injuries sustained by Plaintiff, Scott Clopper, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 12. By reason of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries and to restore himself to health, and claim is made therefore. 2 13. Plaintiff has not fully recovered from his injuries and it is reasonably likely that he will incur similar expenses in the future, and claim is made therefore. 14. By reason of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits he has lost and which he might reasonably have earned in the pursuit of his ordinary calling, and claim is made therefore. 15. By reason of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has suffered a loss or impairment of future earning capacity, and claim is made therefore. 16. By reason of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 17. As a result of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 18. As a result of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has been subjected to severe humiliation, embarrassment, shame, worry and anger. 19. As a result of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 20. As a result of the aforesaid collision and injuries, Plaintiff, Scott Clopper, will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 3 21. By reason of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has been deprived his enjoyment of the pleasures of life. 22. Plaintiff, Scott Clopper, continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 23. As a result of the aforesaid collision and injuries, Plaintiff, Scott Clopper, has sustained a disfigurement, and claim is made therefore. 24. Plaintiff, Scott Clopper, is entitled to maintain a claim for non - economic damages pursuant to the Pennsylvania Motor Vehicle Responsibility Law because Defendant was operating a vehicle registered outside the Commonwealth of Pennsylvania. COUNT I Scott Clopper, Plaintiff v. Daphne Fox, Defendant 25. Paragraphs 1 -24are incorporated herein by reference thereto. 26. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff, Scott Clopper, are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Daphne Fox, operated her motor vehicle as follows: a. In failing to have her vehicle under proper and adequate control; b. In failing to apply her brakes in time to avoid the collision; C. In negligently applying her brakes; d. In permitting her vehicle to strike and collide with the automobile in which Plaintiff, Scott Clopper, was a passenger; 4 e. In failing to drive at a speed and in a manner that would allow Defendant to stop within the assured clear distance ahead; f. In failing to keep a reasonable look -out for other vehicles lawfully on the road; g. In operating her vehicle in an excessive rate of speed under the circumstances; h. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; and i. In failing to exercise a high degree of care required of motorists operating a tractor trailer rig on the roadway. 27. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiff, Scott Clopper, from personal injury, and thus constitutes negligence per se. WHEREFORE, Plaintiff, Scott Clopper, demands judgment in his favor and against Defendant, Daphne Fox, in an amount in excess of FIFTY THOUSAND & 00/ 100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II Scott Clopper, Plaintiff v. Ozark Motor Lines, Inc., Defendant 28. Paragraphs 1 -27 are incorporated herein by reference thereto. 29. At all times relevant hereto, Defendant, Daphne Fox, was employed by Defendant, Ozark Motor Lines, Inc., and was acting in the course and scope of her employment, furthering the interest, activities, affairs or business of Defendant, Ozark Motor Lines, Inc.. 5 30. _ Defendant, Ozark Motor Lines, Inc., is liable to Plaintiff, Scott Clopper, for the negligent and wrongful actions of Defendant, Daphne Fox, as set forth above. WHEREFORE, Plaintiff, Scott Clopper, demands judgment in his favor and against Defendant, Ozark Motor Lines, Inc., in an amount in excess of FIFTY THOUSAND &s 00/ 100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON By: l �l'�� ►� . �sz. Christina L. Bradley, Esq 're I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671 -1955 Date: N° ��'�' Z ��� Counsel for Plaintiff 6 VERIFICATION I, Scott Clopper, hereby verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Scott Clopper r 4LvU-OF F CL WILLIAM J. FERREN & ASSOCIATES 1HE PROTUUNOTAR By: Andrew J. Keenan, Esquire Atty ID # 61990 Attorney for i P Fht!2 PM 2: 08 10 Sentry Parkway, Suite 301 CUMBERLAND COUNTY Blue Bell,PA 19422 PENNSYLVANIA (215) 274-1737 SCOTT CLOPPER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. • CIVIL ACTION - LAW DAPHNE FOX and • NO. 13-7028 OZARK MOTOR LINES, INC., • Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel in the above-captioned matter on behalf of Defendants, Daphne Fox and Ozark Motor Lines, Inc., in the above captioned matter. WILLIAM J. FERREN & ASSOCIATES By: ANDREW J. KEENAN, ES•=IRE Attorney for Defendants WILLIAM J. FERREN & ASSOCIATES By: Andrew J. Keenan, Esquire Atty ID # 61990 Attorney for Defendants 10 Sentry Parkway, Suite 301 Blue Bell,PA 19422 (215) 274-1737 SCOTT CLOPPER, • COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. CIVIL ACTION -LAW DAPHNE FOX and • NO. 13-7028 OZARK MOTOR LINES, INC., Defendants DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Daphne Fox and Ozark Motor Lines, Inc., by and through their undersigned counsel,hereby demand a trial by a jury of twelve. WILLIAM J. FERREN & ASSOCIATES LY42.4,ts • ' By: ANDREW J. KEENAN, . I IRE Attorney for Additional De ndant I., iLE -OPF'1C;, 1 tE "OT80NdiAwr Christina L. Bradley, Esquire 201 FREEBURN & HAMILTON �� '$ PH �% 20 ID No. 89107 rUMBERLAND 2040e 3001estown Road PENNSYLVANIA TY Harrisburg PA 17110 (717) 671-1955 ChristinaB()Pa-iniurylawyer.com SCOTT CLOPPPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAPHNE FOX AND OZARK MOTOR LINES, INC., NO. 13-7028 Defendants PROOF OF SERVICE I, Christina L. Bradley, hereby file Proof of Service of the Complaint in this matter by Certified Mail, Return Receipt Requested, upon the out-of-state Defendant, Daphne Fox, proving service on December 9, 2013, attached as Exhibit "A". FREEBURN &s HAMILTON Respectfully Submitted, FREEBURN & HAMILTON By: Christina L. Bradley, Esq re I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 Date: 13 Counsel for Plaintiff • Complete items 1,2,and 3.Also complete A. ignmature Item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse X O Addressee so that,we can return the card to you. B. Received by(Print Name) C. Date o Delivery • Attach this card to the back of the mailpiece, , R 1 or on the front if space permits. D. Is delivery address differwA from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Fox 3. Service Type *erhfied Mail ❑Express Mail E3 Registered YVRetum Receipt for Merchandise ``/� 13 Insured Mall C.O.D. � Q(� j 4. Restricted Delivery?(Extra Fes) Yes 2. Artic 7012 3050 0001 3820 0587 PS Form 3811,February 2004 Domestic Return Receipt 102595-M-M-1540 ti 30VISOd Sfl 30VISOd Sfl O o OI OI C') Lo c0 0 � c0 0 r c C N E r U31S H b31SrlH s Q Q �... - . ° Q o . Ln v v u E- 00 cc � Q :� O •^�" O of C!1 C3 w o FH ,� o ; Q" f C3 C3 ui rn w Q C3 C3 u oo .rj) .. . o Q un W 0 �,Q O CG r W O J CL C:) ? U [z N T z$ `) > 0 Do �m � �c 0 � • { - m D n vJ v O a � N 3 pp (D 00 z O°O i Di W,< A m 0 00 ■ m a m aH a ° as tea? m a E,f. n apN � � o R1 „ 1� N ap_�m rz ru G � N CLpN c w � � m �mGl (0 / � m SD (D o 4z- C3 4 '� �'o m� to w / m < C3 �o�m o a u, m loam y y Cl (p 30m o • ° Iv � 5to= mo C3 , m < Y'.c� o ° a m m ° \/" m @ , �-) `° SR $ v' � x m.TI n w, m w m m 3 ° a w O W D m O rLi N ° C o 3 ° A w O Oo )( D ° � 'ny' C fQ° C N N a a m a m o m v co m H W z CL SD CD C. m m m � o, a J a CL ID O �v H n acd m CL �. 3 a y v 3 o c m 3 CD O m - m 3 R. :E 3 n a 3 J W � 0 • 11 El ° ❑ D ❑p o c•3 o N CL N w N S O a CD Z '< o D(pD O y O a N % AO W N <. N N lD '' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Proofs of Service were duly served on this 170, day of December, 2013, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Andrew J. Keenan, Esquire Law Offices of William J. Ferren &Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Counsel for Defendants BYE-_. G Jessie K. Walsh, Legal Assistant FREEBURN 8v HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Dated: '�� (717) 671-1955 " TIHE PROTHONOTARY Christina L. Bradley, Esquire 2013 DEC 18 PM 1: 2 FREEBURN & HAMILTON 1D No. 89107 vUMBERLAND COUNTY 2040 Linglestown Road Suite 300 PENNSYLVANIA Harrisburg PA 17110 (717) 671-1955 ChristinaBnpa-iniurylawyer.com SCOTT CLOPPPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAPHNE FOX AND OZARK MOTOR LINES, INC., NO. 13-7028 Defendants PROOF OF SERVICE I, Christina L. Bradley, hereby file Proof of Service of the Complaint in this matter by Certified Mail, Return Receipt Requested, upon the out-of-state Defendant, Ozark Motor Lines, Inc, proving service on December 2, 2013, attached as Exhibit "A". FREEBURN &, HAMILTON Respectfully Submitted, FREEBURN & HAMILTON By: Christina L. Bradley, Esq 're I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 Dater ( -4) Z°13 Counsel for Plaintiff • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. X ❑Agent • Print your dame and address on the reverse ❑Addressee so that we can return the card to you, ceived b P d Name) C. ate of Delivery • Attach this card to the back of the mailpiecet _ _ or on the front if space permits. 1. Article Addressed to: _` is d every ad different from item 1? Yes Z�-k i(`r1o��L,new` If YES,ante every address below: 13 No 0 Y 3q J 3. Service Type N 4 certified Mall ❑Express Mail rn eY�P t Registered M Return Receipt for Merchandise 13 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) Yes 2. Article 7012 3050 0001 3820 0570 (Transf _� I'S IoW;P1j1,jge#W204 i I I I(I "tic Return Receipt 102595-024A-1540 a 3E)blsod sn 3E)Vlsod sn o 0 of �_ of M tCr o o 0 N - N N E O tD LL V— C to a31S H H31SVH � w Z3. r� w ca C3 er. �w o ��....� Ln U. U ul � p p. F NO y CG 'r+ , w y . 00 cc LT4 co o O W O N E" .�r.�..�...� p Q ' C3 LL, C3 cz cz co C3 4.1 m 00 �..�..A r mow. rl N M1 s p O t W O 0 333 W cz P O CG -1 X•v n y O V W N S J O l/- N 1 O W �730 � N - i i 3 " X Cb �J (� m 7n3 3 ' n � 1 oocmi7N co "V V' 0. m�gca � C. a ° V °• NO wm1 cp r -a �C 7 O.• _ �l a O.� 3 E-' 0 :7 3 a ON a ° o N p M 4t CD, 12 C3 w z ¢ a w �o?m o �, to T �U � ,� -o aN Q a CON }O7 (DO C31 < C3 3 o m a m a I x m SD W oU ? 3 m 03 e W Sj ° � 3 ? W O p x D W Q m Q 37 ❑ N H N U_3 7 Q A W O 93 x D m IJl m a n 70 _Ln �p CD. j m Ci n c fQ < 2. ((D 03 N ❑ N < Q co � Q n m v -J a, C) ?. c �• m m m m CL CL CL m w `D a i m a m m a a W Q m I '<'' w d m t3 J Q m < to J a w ♦ ? m a N N � 3 m o19 3 m O ; N 3 0 o m L. f 3 m _ w f 0 o 0 E `n m = a H am N 3 ❑ ❑ m ❑ 0 °> O ICL t°n j m Z < o D D O m a fn ''rez N m w N w = w d a K p 'z N O. CD r CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Proofs of Service were duly served on this 170, day of December, 2013, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Andrew J. Keenan, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Counsel for Defendants Jessie K. Walsh, Legal Assistant FREEBURN & HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Dated: �all1 I � (717) 671-1955 -Hr , r. tiL i J 6 t 3 S TO PLAINTIFF: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN ZG` `� �¢ ([( RESPONSE TO THE ENCLOSED NEW MATTER " JAN `� tti i! WITHIN TWENTY(2 AYS PROM SERVj.CE HEREOF. CUMBERLAND COUNTY PENNSYLVANIA Andrew J.Keenan,Esquire WILLIAM J. FERREN & ASSOCIATES By: Andrew J. Keenan, Esquire Atty ID # 61990 Attorney for Defendants 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1737 SCOTT CLOPPER, COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PA v. • CIVIL ACTION - LAW DAPHNE FOX and • NO. 13-7028 OZARK MOTOR LINES, INC., • Defendants • DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that there was a 1991 Ford Bronco traveling northbound on State Route 34 at or near intersection with Pine Road at the date and time indicated in Plaintiffs Complaint. The remaining allegations of this paragraph are denied since after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. 6. Admitted in part; denied in part. It is admitted that Defendant Daphne Fox was operating a 2009 Freightliner truck with attached trailer which was owned by Defendant Ozark Motor Lines. It is further admitted that said vehicle was traveling northbound on State Route 34 behind the Ford Bronco referenced previously. The remaining allegations of this paragraph are denied since after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. 7. Admitted in part; denied in part. It is admitted that Defendant's vehicle collided with the Ford Bronco previously referenced in Plaintiffs Complaint. It is further admitted that said vehicle slowed in the roadway for an unknown reason. However, no brake lights were visible. The remaining allegations of this paragraph are denied since after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. 8. Admitted. 9. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 10. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 11. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed 2 denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 12. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 13. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 14. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 15. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 16. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 3 17. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 18. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 19. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 20. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 21. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 22. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed 4 denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 23. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are deemed denied. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. 24. Denied. This paragraph is denied as a conclusion of law to which no response is required. COUNT I: SCOTT CLOPPER V. DAPHNE FOX 25. Defendants incorporate by reference their answers to Paragraphs 1 through 24 of Plaintiffs Complaint as though specifically set forth at length herein. 26. Denied generally in accordance with Pa.R.Civ.P. 1029. 27. Denied. It is denied that Defendant's conduct constituted negligence per se. It is denied that Defendant Daphne Fox violated any provisions of the Pennsylvania Motor Vehicle Code. By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. WHEREFORE, Defendants demand Judgment in their favor and against Plaintiff together with the costs of defense of this action. COUNT II: SCOTT CLOPPER V. OZARK MOTOR LINES, INC. 28. Defendants incorporate by reference their answers to Paragraphs 1 through 27 of Plaintiffs Complaint as though specifically set forth at length herein. 29. Admitted. 5 30. Denied. It is denied that Defendant Daphne Fox committed any negligent or wrongful actions. On the contrary, at all times material hereto, Defendant Daphne Fox acted reasonably, prudently and properly and in no way caused or contributed to the incident set forth in Plaintiffs Complaint. It is further denied that Defendant Ozark Motor Lines, Inc. is liable to Plaintiff By way of further answer, some or all of the allegations of this paragraph constitute conclusions of law to which no response is required. WHEREFORE, Defendants demand Judgment in their favor and against Plaintiff together with the costs of defense of this action. NEW MATTER 31. Plaintiffs claims are barred by the provisions of the Pennsylvania Motor Vehicle financial responsibility law. 32. The incident was not caused by any act or failure to act on the part of Defendants. 33. The subject Ford Bronco in which Plaintiff claims she was a passenger at the time of the incident did not have properly working taillights. 34. Plaintiffs claims are barred by the sudden emergency doctrine. 35. Plaintiffs claims are barred by his own comparative negligence. 36. Plaintiff failed to mitigate his damages. 37. Plaintiff assumed the risk of his injuries. WHEREFORE, Defendants demand Judgment in their favor and against Plaintiff together with the costs of defense of this action. WILLIAM J. FERREN & ASSOCIATES By: ANDREW J. KEENA74 _ SQUIRE Attorney for Defendant' 6 VERIFICATION I,ANDREW J. KEENAN,ESQUIRE,verify that the statements made in the foregoing Defendants' Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I further verify that I am authorized to take this Verification on behalf of Defendants, in the capacity of Defendants'attorney, and also for the reason that Defendants' Verification cannot be obtained within the required pleading period. It is intended that Defendants'personal Verification will be substituted subsequently. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. WILLIAM J. FERREN & ASSOCIAT BY: ANDREW J. KEENAN,ESQUI Dated: 1/09/14 WILLIAM J. FERREN & ASSOCIATES By: Andrew J. Keenan, Esquire Atty ID # 61990 Attorney for Defendants 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1737 SCOTT CLOPPER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW DAPHNE FOX and • NO. 13-7028 OZARK MOTOR LINES, INC., Defendants CERTIFICATE OF SERVICE I, Andrew J. Keenan, Esquire, counsel for Defendants, hereby state that a true and correct copy of the foregoing Defendants' Answer with New Matter to Plaintiffs Complaint was served on the counsel below on January 9, 2014, via electronic mail and/or United States regular first-class mail, first-class postage prepaid: Christina L. Bradley, Esquire Freeburn & Hamilton 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 WILLIAM J. FERRE ,& AS: 1 CIATES By: ANDREW J. KEE • N, ES9.dIRE Attorney for Defen•ants • Ali EX, �"�l 011F THE no'hioNoTAvrf, Christina L. Bradley, Esquire 2014 FEB _S PM 2: 0 Q FREEBURN& HAMILTON ID No. 89107 CUMBERLAND COUNT`, 2040 Linglestown Road Suite 300 PENNSYLVANIA Harrisburg PA 17110 (717) 671-1955 ChristinaB�pa-iniurylawyer.com SCOTT CLOPPPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAPHNE FOX AND OZARK MOTOR LINES, INC., NO. 13-7028 Defendants PLAINTIFFS' REPLY TO NEW MATTER 31. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 32. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 33. Denied. It is specifically denied that the vehicle in which Plaintiff was a passenger at the time of the incident did not have properly working taillights. 34. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 35. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 36. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 37. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. WHEREFORE, Plaintiff, Scott Clopper, demands judgment in his favor and against Defendants, Daphne Fox and Ozark Motor Lines, Inc., in an amount in excess of FIFTY THOUSAND 8v 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. i Respectfully Submitted, FREEBURN & HAMILTON By: Christina L. Bradley, Es ire I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 Date: -J—R.nc� � o?Lf; orq Counsel for Plaintiff 2 VERIFICATION I, Scott Clopper, hereby verify that the statements in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 1.8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Scott Clopper CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Reply to New Matter was duly served on this 24th day of January, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Andrew J. Keenan, Esquire Law Offices of William J. Ferren &Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Counsel for Defendants BY: Jessie K. Walsh, Legal Assistant FREEBURN 8v HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (717) 671-1955 Dated: l