HomeMy WebLinkAbout05-0648
.11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
II THOMAS E. BLACK and BETTY J, BLACK,
Plaintiffs
L
II ALFRED E, SHARP and
1\ BLACK'S TRUCKING CO, aIkIa
I.. BLACK TRUCKING, INe.
I Defendants
II
II
CIVIL ACTION - LAW
NO, OS -&,I.ff
C;(j~l~~
JURY TRIAL DEMANDED
NOTICE TO DEFEND
Pursuant to PA RCP No, 1018.1
NOTICE
\
I YOU HAVE BEEN SUED IN COURT.
II If you wish to defend again the claim' ,et forth against you
II' in the following pages, you must take action within 20 days
after this Complaint and Notice are served, by entering a
II. written appearance personally or by attorney and filing in
I writing with the Court your defenses or objections to the
I claims set forth against you.
1'1 You are warned that if you fail to do so, the case may
, proceed without you and a default judgment maybe entered
I against you by the Court without further notice for any
, money claimed 10 the Complaint or for any other claim or
I relief requested by the Plaintiff. Y Oll may lose money or
property or other rights important to you.
II YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A
II LAWYER, GO TO OR TELEPHONE THE OFFICE
" SET FORTH BELOW. THIS OFFICE CAN PROVIDE
II YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
II IF YOU CANNOT AFFORD TO HIRE A LAWYER,
II THIS OFFICE MAY BE ABLE TO PROVIDE YOU
. WITH INFORMA nON ABOUT AGENCIES THAT
II MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSON AT A REDUCED FEE OR NO FEE.
I
I
II
.1
II
1\
(I
A VISO
USTED HA SIDO DEMANDADO EN LA CORTE.
Si listed desea defenerse de las quejas expuestas en las
paginas sigulentes, debe tomar aecion dentro de veinte dias a
partir de la fecha en que recihio 1a demanda y cl aviso.
Usted debe presentar cornparecencia escrita en persona 0 por
abogado y presentar en la Corte por escrito 5US defensas 0
5US objeciones alas demandas en su contra.
Se Ie avisa que 5i no se defiende, el caso puedc proceder sin
listed y la Corte puede decidir en su contra sin mas aviso 0
notificacion por cualquier dinero reclamado en la demanda 0
por cualquier otIa queja 0 compensacion recIamados por el
Demandente. Usted puede percler dinero, 0 propriedades 0
ostros derechos importantes para listed.
USTED DEBE LLEV AR ESTE PAPEL A SU
ABOGADO ENSEGUIDA. Sl USTED NO TIENE UN
ABOGADO, VAYAO LLAME POR TELEFONO LA
OFICINA FlJADA AQui ABAJO. EST A OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUlR UN ABOGADO,
SI USTED NO PUEDE PAGARLE A UN ABOGADO,
ESTA OFICINA PUEDE PROVEERE INFORMACION
ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN
HONORARIO REDUCIDO 0 GRATIS,
Cumberland County Bar Association
32 South Bedford Street
Carli,le. PA 17013
Telephone: (717) 249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle. P A 17013
Telefono: (7\ 7) 249-3\66
'II
II
II
I
Ii
I
,\
II
II
II
II THOMAS E. BLACK and BETTY J, BLACK,
II Plaintiffs
II
II v.
II
II ALFRED E. SHARP and
II BLACK'S TRUCKING CO. alkla
II BLACK TRUCKING, INe.
II Defendants
II
II
II
II
\1 & Greenberg, L.L.P. file this Complaint, and state the following:
Ii I. Plaintiffs Thomas E, Black and Betty J. Black, husband and wife, are adult individuals
II residing at 1406 Bradley Drive, Carlisle, Cumberland County, Pennsylvania 17013,
,I
II 2, Defendant Alfred E. Sharp is an adult individual residing at 283 Cypress Lake Road,
II
II Beebe, Arizona 72012,
II
II 3, Defendant Black's Trucking Co, aIkIa Black Trucking, lnc" is a Mississippi corporation
II with a principal office at 7135 Adams Station Road, Edward, Mississippi 39066, and regularly engaged
1\
II in business in Pennsylvania at all relevant times,
II
II
II
1\ was the owner and operator of a 2003 Chevrolet, with Pennsylvania registration number ERJ8170.
II
II
II
II Freightliner, with Mississippi registration number AI02052,
6, On that same date and time, Plaintiff Thomas E, Black was turning from South Pitt Street
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. OS- - I.. '-{ f
{!,o:l ~7
JURY TRIAL DEMANDED
COMPLAINT
Plaintiffs Thomas E. Black and Betty J, Black, Brian p, Strong, Esquire and Katherman, Briggs
4.
On or about November 7, 2003, at approximately 9:03 a,m" Plaintiff Thomas E. Black
5,
On that same date and time, Defendant Alfred E. Sharp was the operator of a 1998
east onto West High Street, Carlisle, Cumberland County, Pennsylvania.
,II
1\
Ii
Ii
II
II
II 7, On that same date and time, Defendant Alfred E. Sharp was traveling east on West High
II Street approaching its intersection with South Pitt Street.
1\
II 8. The traffic at the intersection of South Pitt Street and West High Street was controlled by
II
1\ a traffic light on November 7, 2003,
I: 9. As Plaintiff Thomas E. Black was making his turn at the intersection with a green traffic
II light for his lane of travel, Defendant Alfred E. Sharp entered the intersection against a red traffic light
1\ for his lane of travel and struck Plaintiff Thomas E. Black.
II 10, As a result of the collision, Plaintiff Thomas E. Black sustained personal injuries,
1\
II 11.
1\
1\ face, and eye,
1\ 12,
II in the treatment, medication, hospital treatment and other miscellaneous expenses for his injuries and
II
1\ may continue to incur medical expenses in the future treatment of his injuries, for which a claim is
II asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law.
,I 13, As a result ofthe accident and the resulting injuries, the Plaintiff sustained or may sustain
II
II losses for which the following are legally recoverable categories of damages:
II
II
II
II
1\
II
II
Plaintiff Thomas E. Black's injuries include but are not limited to injuries to the ribs,
As a result ofthe accident and resulting injuries, the Plaintiff incurred medical expenses
a.
past and future pain and suffering;
b,
past and future embarrassment, humiliation, and mental anxiety;
c,
scarring and disfigurement;
d,
past and future incidental costs;
e, past and future loss oflife's enjoyment;
2
I
1\
II
II
,II
II
\1
I,
II
1\
Ii f. past and future loss of earnings and earning capacity as may be recovered under
Ii the Pennsylvania Motor Vehicle Financial Responsibility Law; and
il g, past and future medical expenses as may be recovered under the Pennsylvania
Ii Motor Vehicle Financial Responsibility Law,
II
II
II
II
II
II referenced thereto,
II
II 15, Defendant Alfred E. Sharp breached his duty and was negligent per se, negligent,
I careless, and reckless in the following manner:
I
II
II
1\
II
II
\1
II
I
II
1\ '1
II vehlc e;
II
\1
II
1\
1\ roadway;
II
II
COUNT I
THOMAS E. BLACK v, ALFRED E. SHARP
14,
The allegations of the preceding paragraphs of this Complaint are incorporated herein by
a,
operating his vehicle at an unsafe speed under existing conditions;
b,
failing to maintain proper control of his vehicle;
c,
failing to observe traffic control devices;
d.
failing to stop before entering the intersection against a red light;
e,
failing to maintain an assured clear distance ahead within which to safely stop his
f.
failing to bring his vehicle to a stop before colliding with Plaintiffs vehicle;
g.
failing to keep alert and maintain a proper lookout for other traffic on the
h.
failing to take evasive action to avoid the collision;
L
failing to make keep alert and observe road conditions then existing;
1\
1\
'Ii
II
3
,II
,
II
I
I
Ii
II
II
II
II
II L failing to comply with the provisions of the Pennsylvania Motor Vehicle Code,
II Title 67 of the Pennsylvania Code, and Title 49 ofthe Code of Federal Regulation, specifically as they
II relate to the above mentioned acts,
II
II 16, The carelessness, recklessness and negligence of Defendant Alfred E. Sharp, as herein
Ii above more fully described, caused the aforesaid incident and resulting injuries and damages sustained
Ii by PlaintiffThomas E. Black,
II
II
II arbitration and a jury trial is hereby demanded.
j,
failing to warn other motorists of his approach;
k,
failing to observe and yield to traffic entering the intersection; and
17,
The damages sustained by Plaintiff Thomas E. Black exceed the applicable limits or
WHEREFORE, Plaintiff Thomas E, Black demands judgment against Defendant Alfred E. Sharp
I for compensatory damages in an amount in excess of the applicable limits of arbitration, together with
I
Ii interest, costs of suit, and delay damages,
II
I
Ii
II 18, The allegations of the preceding paragraphs of this Complaint are incorporated hereto by
I
II reference thereto,
II 19, The negligence of the Defendant Black's Trucking Co, aIkIa Black Trucking, Inc, in
II
II causing the above accident consisted of negligently entrusting the driving of the vehicle in this case to
I Defendant Alfred E. Sharp, when Defendant Black's Trucking Co, aIkIa Black Trucking, Inc" knew or
should have known that Defendant Alfred E, Sharp was an individual without the capacity to safely
COUNT II
THOMAS E. BLACK v. BLACK'S TRUCKING CO. afWa BLACK TRUCKING, INC.
4
,II
Ii
\i
I
\
II
II h' h'l
1\ operate t IS motor ve IC e,
II 20, Such negligence was the substantial causal factor in the accident and Plaintiffs injuries
II
II and damages as set forth above,
1\
\1
II
II Trucking Co, a/kJa Black Trucking, Inc, for compensatory damages in an amount in excess of the
II applicable limits of arbitration, together with interest, costs of suit, and delay damages,
1\
\1
1\
II
I
I reference thereto,
II
I
.1
1\ Defendant Black's Trucking Co, a/kJa Black Trucking, Inc,
II
\i 24. At all times material and relevant hereto, Defendant Alfred E. Sharp was acting within
Ii the scope and course of his employment with Defendant Black's Trucking Co, a/kJa Black Trucking, Inc,
\1 WHEREFORE, Plaintiff Thomas E, Black demands judgment against Defendant Black's
III Trucking Co, a/kJa Black Trucking, Inc. for compensatory damages in an amount in excess of the
II applicable limits of arbitration, together with interest, costs of suit, and delay damages,
II
II COUNT IV
II BETTY J. BLACK v. ALFRED E. SHARP and
II BLACK'S TRUCKING co. a/kla BLACK TRUCKING, INC.
21.
Plaintiffs damages as set forth herein exceed the applicable arbitration limits,
WHEREFORE, Plaintiff Thomas E. Black demands judgment against Defendant Black's
COUNT III
THOMAS E. BLACK v. BLACK'S TRUCKING CO. a/kla BLACK TRUCKING, INC.
22,
The allegations of the preceding paragraphs ofthis Complaint are incorporated herein by
23,
At all times material and relevant hereto, Defendant Alfred E. Sharp was employed by
25, The allegations of the preceding paragraphs of this Complaint are incorporated herein by
5
.!I
Ii
Ii
II
I
1\
II
Ii reference thereto,
i: 26. As a result of the aforesaid accident which caused personal injuries to Plaintiff, Thomas
ii E. Black, Plaintiff, Betty J, Black, has suffered and may continue to suffer the loss of companionship,
\1 comfort, society, services and other forms of consortium of her husband,
II WHEREFORE, Plaintiff Betty J, Black demands judgment against Defendants Alfred E, Sharp
II and Black's Trucking Co. a!kIa Black Trucking, Inc, for compensatory damages in an amount in excess
Ii of the applicable limits of arbitration, together with interest, costs of suit, and delay damages.
Ii Respectfully submitted,
II
1\
II
II
II Date: February 2, 2005
II
1\
II
II
1\
II
II
II
II
II
II
II
II
\1
II
II
\1
I
KATHERMAN, BRIGGS & GREENBERG, LLP.
By ~
Brian p, Strong, squire
Attorney for Plaintiffs
Supreme Court LD. #74481
7 East Market Street
York, PA 17401
(717) 848-3838
II
1\
II
II
6
II
Ii
I
I,
II
II
II
II
II
II This verification is made subject to the penalties of 18 Pa, c.s, S 4904, relating to unsworn falsification
II
II to authorities.
II
II
I
II
II Date
II
II
II
II
1\
II
II
II
II
1\
II
II
II
II
\1
II
II
II
II
II
II
1\
II
II
I
'II
\1
Ii
II
VERIFICATION
I verify that the foregoing facts are true, upon my personal knowledge or information and belief.
~ / I)b ~
I
)( ~ g J3Jl/
Thomas E. Black
7
VERIFICATION
I verify that the foregoing facts are true, upon my personal knowledge or information and belief.
This verification is made subject to the penalties of 18 Pa. c.s, S 4904, relating to unsworn falsification
to authorities,
7-1) 10 S
k ;J~
Betty J, BlacK
'1 r:3Ll1Jv
o
Date
8
r::> -lA.
)rt~
__ l-1
- ~ Q
b,..Q ,
w V-J ~
~ 3?
-L
~,
r1
c
(,:~
.-,
~'~ .,(
8
--;:':
',;;;:.
(~;J
,.,j
\.J;;'
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E. BLACK and BETTY J, BLACK,
Plaintiffs
CNIL ACTION - LAW
v.
NO. a-'-/.,l/P Gu~L~~
ALFRED E, SHARP and
BLACK'S TRUCKING CO. a1k/a
BLACK TRUCKING, INe.
Defendants
JURY TRIAL DEMANDED
RETURN OF SERVICE BY AFFIDAVIT PURSUANT TO Pa.R.C.P. 405(c) and (d)
I, Brian P. Strong, do hereby swear and affirm that service of the Complaint in the above case
was effected upon the Defendants by Certified Mail on the date, time and place and by the person
indicated on the Certified Mail Return Receipts, attached hereto,
Date: February 22,2005
-Ed::B 'S~ .
nan P. trong, qUire
Sworn and subscribed to before me this 22nd day of February, 2005,
a1Ll1 , CL ~}it
N\ ary Public
My Commission Expires:
MMONWlEALTH ~YLV'
NOTARIAL SEAL
r iNA A ALBRIGHT, Notary Polllic:
City of Vorl<, Vorl< CclunIy
'. Commission 'res MlIdI211, 2008
.
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
,4/fyu/ t- ShArf
)73 C",pres> ~ ~fdk' ((
( [Ii/) , {
Bu be I If r<,
7 2D / eX
2. Article Number
(Transfer from service label)
PS Form 3811 , February 2004
COMPLETE THIS SECTION ON DELIVERY
A. Signature
o Agent
o Addressee
Is delivery address different om item 1?
If YES, enter delivery address below:
0( 8"3 C'fP're~ We f!d
6eeb.. I Ai- I~{d.-
3. Sejvice Type
r.W Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
7001 1940 0007 8648 9529
)
Domestic Return Receipt7l1cn....:t S rd//{ ck
102595-02-M-1540
,
. Complete items 1, 2, and 3. Also complete
item 4 jf Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front jf space permits.
1. Article Addressed to:
Bi,^<:.k~ (.;u..C.l."""ICo,
('-l1<-10l Bla.ck.. Ty~ck., ""'\ ,~c.
713,5 A\:I.mno' g"ch c ,') Kd
Edve,u..-d I f-AS 390L,~
2. Article Number
(Transfer from service Jabel)
PS Form 3811, February 2004
o Agent
o Addressee
B. C. Date of Delivery
Z - (> ~""o/--
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address belOw: 0 No
...--------.-
3. Sery;ce Type
rB' Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Dellvery? (Extra Fee)
DYes
7001 1940 0007 864B 9536
Domestic Return Receipt '"1 Y\cVY\.J)'~c.. '\3 \ A... C ~ 102595-02-M.1540
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E, BLACK AND
BETTY], BLACK,
Plaintiffs
Civil Action-Law
v.
No, 05-648
ALFRED E. SHARP and
BLACK'S TRUCKING CO, aIkIa
BLACK TRUCKING, INe.
Jury Trial Demanded
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa,Rc'P, 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Charles B. Calkins, Esquire, of Griffith, Strickler, Lerman,
Solymos & Calkins, as attorneys for the Defendants, Alfred E. Sharp and Black's Tmcking Co,
a/k/a Black Trucking, Inc., in the above-captioned matter and mark the docket accordingly,
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
~
BY
CHA INS
Attorney for Defen ants
Supreme Court LD. 0, 36208
110 South Northern Way
York, PA 17402
Telephone No, (717) 757-7602
Tkw/CBCIb lackJblack. prp
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E. BLACK AND
BETTY J. BLACK,
Plaintiffs
Civil Action-Law
v,
No, 05-648
ALFRED E, SHARP and
BLACK'S TRUCKING CO, a/kIa
BLACK TRUCKING, INC.
Jury Trial Demanded
Defendants
CERTIFICATE OF SERVICE
AND NOW, this ~ day of March, 2005, I, Charles B. Calkins, Esquire, a member of
the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, Esquires, hereby
certify that I have, this date, served a copy of Praecipe for Entry of Appearance by United States
Mail, addressed to the party or attorney of record as follows:
Brian p, Strong, Esquire
Katherman, Briggs & Greenberg
7 East Markt Street
York, PA 17401
Attorney for Plaintiff
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY
CHAIn: . S B CALKINS
Attorney for Defendants
Supreme Court LD, No, 36208
110 South Northern Way
York,PA 17402
Telephone No, (717) 757-7602
--
-\',
,
'~~~.
/
'" ~ .
<..'-
c..
-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TOMAS E. BLACK AND
B TTY J. BLACK,
Plain tiffs
CIVIL ACTION-LAW
v.
NO. 05-648
LFRED E. SHARP and
LACK'S TRUCKING CO. a/kla
LACK TRUCKING, INC.,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this~)day of ~ ' 2005, I, Charles B. Calkins,
squire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS &
CALKINS, Esquires, hereby certify that I have, this date, served a copy of
Interrogatories/Request for Production of Documents of Defendants to Plaintiff, Set No.1
by United States Mail, addressed to the party or attorney of record as follows:
Brian p, Strong, Esquire
Katherman, Briggs & Greenberg
7 East Market Street
York, PA 17401
By:
GRIFFITH, STRICKLER,
SOL~ 'L
CHAR S KINS, ESQUIRE
Supreme Crt, #36208
Attorney for D endants
110 South Northern Way
York,PA 17402
(717) 757-7602
,...,., c:
c;-;:>
= -n
,,-,'
:r:
:;:::;,..
-<
I
N
,
f'::'.'
'"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E, BLACK AND
BETTY J, BLACK,
Plaintiffs
v,
ALFRED E, SHARP and
BLACK'S TRUCKING CO. alk/a
BLACK TRUCKING, INe.
Defendants
TO: Thomas E. Black and Betty J. Black
c/o Brian p, Strong, Esquire
Katherman, Briggs & Greenberg
7 East Market Street
York, PA 17401
Civil Action-Law
No, 05-648
Jury Trial Demanded
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you,
GRIFFITH, STRICKLER, LERMAN,
S011\S & LRINS
BY .
S B. CALKINS
Attorney for Defendants
Supreme Court LD, No, 36208
110 South Northern Way
York, PA 17402
Telephone No, (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E, BLACK AND
BETTY J. BLACK,
Plaintiffs
Civil Action-Law
v.
No. 05-648
ALFRED E. SHARP and
BLACK'S TRUCKING CO, alkla
BLACK TRUCKING, INe.
Defendants
Jury Trial Demanded
ANSWER AND NEW MATTER OF DEFENDANTS BLACK'S
TRUCKING CO. AlK/A BLACK TRUCKING, INC. TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Black's Trucking Co. aIkIa Black Trucking, Inc" by
its counsel, Charles B. Calkins, Esquire, a member of the firm Griffith, Strickler, Lerman,
Solymos & Calkins and files the following Answer and New Matter to Plaintiffs' Complaint:
I. Admitted,
2, Admitted.
3. Admitted.
4, Admitted,
5, Admitted,
6. Denied, After
reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
set forth in Paragraph No, 6 of Plaintiffs' Complaint and they are, therefore, deemed to be denied
and strict proof thereof demanded,
7. Admitted.
8, Denied, After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
set forth in Paragraph No, 8 of Plaintiffs' Complaint and they are, therefore, deemed to be denied
and strict proof thereof demanded,
9, Denied, After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
set forth in Paragraph No, 9 of Plaintiffs' Complaint and they are, therefore, deemed to be denied
and strict proof thereof demanded, By way of further answer, at all times pertinent hereto the
Defendant operated his motor vehicle in a careful, cautious and prudent manner using due care
under the circumstances.
10, Denied, After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
set forth in Paragraph No, 10 of Plaintiffs' Complaint and they are, therefore, deemed to be
denied and strict proof thereof demanded,
II, Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
set forth in Paragraph No, II of Plaintiffs' Complaint and they are, therefore, deemed to be
denied and strict proof thereof demanded.
12. Denied, After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
set forth in Paragraph No. 12 of Plaintiffs' Complaint and they are, therefore, deemed to be
denied and strict proof thereof demanded,
13, (a.-g.) Denied, After reasonable investigation, Answering Defendants are
without knowledge or information sufficient to form a belief as to the truth or veracity of the
allegations set forth in Paragraph No, 13 of Plaintiffs' Complaint and they are, therefore, deemed
to be denied and strict proof thereof demanded,
COUNT I
Thomas E. Black v. Alfred E. Sharp
14, Answering Defendant's responses to Paragraph Nos, 1 through 13 inclusive of
Plaintiffs' Complaint as set forth hereinabove are incorporated herein by reference as if fully set
forth at length.
15. Denied. It is denied, Defendant, Alfred E. Sharp, breached his duty and was
negligent per se, negligent, careless, and reckless in the following manner:
a. operating his vehicle at an unsafe speed under existing conditions;
b, failing to maintain proper control of his vehicle;
c, failing to observe traffic control devices;
d, failing to stop before entering the intersection against a red light;
e, failing to maintain an assured clear distance ahead within which to safely
stop his vehicle.
f. failing to bring his vehicle to a stop before colliding with Plaintiffs
vehicle;
g. failing to keep alert and maintain a proper lookout for other traffic on the
roadway;
h, failing to take evasive action to avoid the collision;
L failing to make keep alert and observe road conditions then existing;
j, failing to warn other motorists of his approach;
k. failing to observe and yield to traffic entering the intersection; and
I. failing to comply with the provisions of the Pennsylvania Motor Vehicle
Code, Title 67 of the Pennsylvania Code, and Title 49 of the Code of Federal Regulation,
specifically as the relate to the above mentioned acts,
On the contrary, at all times pertinent hereto, the Defendant, Alfred E. Sharp, operated
his motor vehicle in a careful, cautious and prudent manner using due care under the
circumstances.
16. Denied. It is denied the Defendant, Alfred E. Sharp, was careless, reckless and
negligent. On the contrary, Defendant, Alfred E, Sharp, operated his motor vehicle in a careful,
cautious and prudent manner using due care under the circumstances, By way of further answer,
the Defendant, Alfred E, Sharp is without knowledge or information sufficient to form a belief as
to the truth of or veracity of the remaining allegations set forth in Paragraph No, 16 of the
Plaintiff's Complaint, and they are, therefore, deemed to be denied and strict proof thereof is
demanded,
17, Denied. The allegations contained in Paragraph No, 17 of the Plaintiff's
Complaint constitute a conclusion oflaw to which no response is required,
WHEREFORE, Answering Defendant, Alfred E, Sharp, requests judgment be entered
against the Plaintiffs together with costs of suit.
COUNT II
Thomas E. Black v. Black's Truckinl! Co. a/kJa Black Truckinl!, Inc.
18, Answering Defendant's responses to Paragraph Nos, I through 17 inclusive of
Plaintiffs' Complaint as set forth hereinabove are incorporated herein by reference as if fully set
forth at length.
19, Denied. The allegations set forth in Paragraph No. 19 of Plaintiffs' Complaint
constitute a conclusion of law to which no response is required. To the extent that a response is
required, it is denied that the Defendant, Black's Trucking, Co. a/k1a Black Trucking, Inc. was
negligent. At all times pertinent hereto, Black's Trucking Co. a/k1a Black Trucking, Inc. acted in
a careful, cautious and prudent manner using due care under the circumstances.
20. Denied. The allegations set forth in Paragraph No. 20 of Plaintiffs' Complaint
constitute a conclusion of law to which no response is required. To the extent that a response is
required, it is denied that the Defendant, Black's Trucking, Co. a/k1a Black Trucking, Inc. was
negligent. At all times pertinent hereto, Black's Trucking Co. a/k/a Black Trucking, Inc. acted in
a careful, cautious and prudent manner using due care under the circumstances.
21. Denied. The allegations set forth in Paragraph No. 21 of Plaintiffs' Complaint
constitute a conclusion oflaw to which no response is required.
WHEREFORE, Answering Defendant, Black's Trucking Co. a/k1a Black Trucking, Inc.,
requests judgment in its favor and against Plaintiffs together with costs of suit.
COUNT III
Thomas E. Black v. Black's Truckinl! Co. a/kla Black Truckinl!, Inc.
22. Answering Defendant's responses to Paragraph Nos. I through 21 inclusive of
Plaintiffs' Complaint as set forth hereinabove are incorporated herein by reference as if fully set
forth at length.
23. Admitted.
24. Admitted.
WHEREFORE, Answering Defendant, Black's Trucking Co. aJk/a Black Trucking, Inc.,
demands judgment in its favor and against Plaintiffs together with costs of suit.
COUNT IV
Betty J. Black v. Alfred E. Sharp and Black's Truckinl! Co. alk!a Black Truckinl!, Inc.
25. Answering Defendant's responses to Paragraph Nos. I through 24 inclusive of
Plaintiffs' Complaint as set forth hereinabove are incorporated herein by reference as if fully set
forth at length.
26. Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
set forth in Paragraph No. 26 of Plaintiffs' Complaint and they are, therefore, deemed to be
denied and strict proof thereof demanded.
WHEREFORE, Answering Defendant, Black's Trucking Co. aJk/a Black Trucking, Inc.,
demands judgment in its favor and against Plaintiffs together with costs of suit.
NEW MATTER
27. Answering Defendants' responses to Paragraph Nos. I through 26 inclusive, of
Answering Defendants Answer to Plaintiffs Complaint are incorporated herein by reference as if
fully set forth at length.
28. Plaintiffs' Complaint fails to state a cause of action upon which relief can be
granted.
29. Plaintiffs' Complaint may be barred by applicable statutes oflimitation.
30. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result
of individuals or entities other than answering Defendants, over whom answering Defendants
had no responsible or right of control.
31. Plaintiffs' injuries and damages, if any, may have been caused solely and directly
as a result of the negligence, careless, and recklessness of the Plaintiff, Thomas E. Black, which
negligence, carelessness and recklessness consisted of the following:
a. stopping his vehicle suddenly, abruptly and without warning directly in
the path of the motor vehicle operated by Defendant, Alfred E. Sharp;
b. failing to keep a proper lookout for other vehicles lawfully on the
highway;
c. failure to take appropriate actions to slow her vehicle in a safe and prudent
marmer when confronted with slow-moving or stopped traffic ahead of him; and
d. failing to properly operate and control his motor vehicle.
32. Plaintiff, Thomas E. Black, was comparatively negligent, as set forth in the
immediately preceding paragraph, which comparative negligence was the sole, substantial, and
proximate cause of the injuries and damages he allegedly sustained.
33. Plaintiffs' claims are barred or diminished by virtue of the Pennsylvania
Comparative Negligent Act.
34. Defendant, Alfred E. Sharp, was faced with a sudden emergency, which occurred
when the vehicle of Plaintiff suddenly, abruptly and without warning or notice, stopped in his
path.
35. Plaintiff has not sustained a serious injury as defined in the Pennsylvania Motor
Vehicle Financial Responsibility Act (75 Pa. C.S.A. ~1702 et seq.).
36. Plaintiffs' claim for non-economic damages may be barred because of Plaintiffs'
limited election as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. (75
Pa. C.S.A. ~ 1702 et seq.).
37. Plaintiffs may have failed to mitigate their damages.
38. Plaintiffs have received various benefits from other msurance arrangements,
programs, and group contracts of insurance, including benefits under the Pennsylvania Motor
Vehicle Financial Responsibility Law, and they may not recover for the same benefits in this
proceeding.
39. The injuries and damages that Plaintiffs' claim they have sustained in this motor
vehicle accident, preexisted this accident and were not caused as a result of this accident.
40. The injuries and damages that Plaintiffs claim thy have sustained in this motor
vehicle accident, preexisted this accident, and were not aggravated or exacerbated as a result of
this accident.
41. The injuries and damages that Plaintiffs claim they have sustained in this motor
vehicle accident, were sustained subsequent to this accident, and are not related to this accident.
42. Plaintiffs have recovered from any injuries they have allegedly sustained as a
result of this accident.
43. Under all of the circumstances existing, answering Defendants, acted reasonably,
carefully, lawfully, properly, and prudently, with due care under the circumstances and to the
extent reasonable and possible.
WHEREFORE, Answering Defendants, Alfred E. Sharp, Black's Trucking Co. a/k1a
Black Trucking, Inc., demands judgment in its favor and against Plaintiff together with costs of
suit.
Respectfully submitted,
,
\ \
BY
CH . C LKI S
Attorney for efendants
Supreme Court LD. No. 36208
110 South Northern Way
York, PA 17402
Telephone No. (717) 757-7602
black-answer.vds
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E. BLACK AND
BETTY J. BLACK,
Plaintiffs
Civil Action-Law
v.
No. 05-648
ALFRED E. SHARP and
BLACK'S TRUCKING CO. alk/a
BLACK TRUCKING, INC.
Defendants
Jury Tria] Demanded
VERIFICATION
I, CHARLES B. CALKINS, Esquire, do hereby verify that I am the attorney of record for
the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of
my knowledge, information and belief, upon information supplied.
I understand that false statements made herein are made subject to the penalties of 18
Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities.
GRIFFITH, STRICKLER, LERMAN,
L YMOS & CALKINS
....lLc.
Dated::1!Lb
BY:
Charles . a s, Esquire
Supreme Court I. . #36208
110 South Northern Way
York, Pennsylvania 17402
(7]7)757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E. BLACK AND
BETTY J. BLACK,
Plaintiffs
Civil Action-Law
v.
No. 05-648
ALFRED E. SHARP and
BLACK'S TRUCKING CO. a/k1a
BLACK TRUCKING, INC.
Jury Trial Demanded
Defendants
CERTIFICATE OF SERVICE
AND NOW, this J(J1;>. day of May, 2005, I, Charles B. Calkins, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby
certify that I have, this date, served a copy of Defendants' Answer and New Matter to Plaintiffs'
Complaint, by United States Mail, addressed to the party or attorney of record as follows:
Brian P. Strong, Esquire
Katherman, Briggs & Greenberg
7 East Market Street
York, PA 17401
Attorney for Plaintiffs
GRIJiF.~it, STRICK ER, LERMAN,
SpL QS & L INS
\ '- \ I
\( \.
\.JI
BY. \ .
CH~. . AKINS
Attorney for Defendants
Supreme Court LD. No. 36208
110 South Northern Way
York,PA 17402
Telephone No. (717) 757-7602
-------
.('\
~>
,,::.':?,
c;"-,
o
~n
.-'
"1'-
\,',
_c "
-,-'
r:~,l
OJ
---
-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS E. BLACK and BETTY J. BLACK,
Plaintiffs
CNIL ACTION - LAW
v.
NO. ()5'~'-/~' ~ I w-
ALFRED E. SHARP and
BLACK'S TRUCKING CO. a/k1a
BLACK TRUCKING, INC.
Defendants
JURY TRIAL DEMANDED
PRAECIPE TO DISMIS~l
TO THE PROTHONOTARY:
Please dismiss the above case and mark the docket settled and satisfied.
Respectfully submitted,
KATHERMAN, BRIGGS & GREENBERG
Date: June 24, 2005
By:~D
Brian P. Strong, Esquire
Attorney for Plaintiffs
Supreme Court LD. #74481
7 East Market Street
York,PA 17401
(717) 848-3838
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy ofthe foregoing PRAECIPE TO DISMISS, as
set forth below by first class United States postage:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos &: Calkins
110 South Northern Way
York,PA 17402
KATHERMAN, BRIGGS & GREENBERG
Date: June 24,2005
~.~
By: /' . \ .'.
Brian P. trong, Es uire
Attorney for Plaintiffs
Supreme Court LD. #74481
7 East Market Street
York,PA 17401
(717) 848-3838
"'-,
t7:::>
c:::>
t;.rI
'-
C~:
N
-...J
"
(.0
(-~)
~o
...."
u
~i'l
:::1
,1.. ..."
nlp7'
rr\
o
,
C)
...,..)
--j
(.~~
1'(":
Anthony M. Georgelis
Timothy L. Salvatore
Evan J Kline
Brian P. Strong
Drew P. Gannon
"ri'.1\.'THERMAN,
JC . IGGS&
~'. ENBERG
L.L.P.
7 East Market Street. York, Pennsylvania 17401-1205
717 -848-3838 . Fax 717-854-9172
Limited Practice
Attorntrys
R. Elliot Katherman
James D. Greenberg
John D. Briggs
Dean V Dominick
... Personal Injury
... Wrongful Death
... Workers' Compensation
... Social Security Disability
Direct e-mail: bvstrong@kbgIlv.com
June 24, 2005
Curt Long, Esquire
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, PA 17013-3387
RE: Thomas E. Black v. Alfred E. Sharp
No. 05-648 Civil Term
Dear Mr. Long:
Enclosed please find the original and one copy of the Praecipe to Dismiss. Please
file the original and return a time-stamped copy to my attention in the enclosed,
self-addressed, stamped envelope.
Thank you for your assistance.
Very truly yours,
~
Brian P. Strong
BPS/tmc
Enclosures
cc: Charles B. Calkins, Esquire
ResultsYouDeserve~com
-
(') ~-, 0
=
C~_' (;,-~';) -1'1
- ,0' CJl
,~ --1
_. " f{~;}
c::::
_.. ,
N ~3
-' -,
) ';~~
...; ._~F~j
Y?
):>:;
C,,"J ....J
<to .<
-