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HomeMy WebLinkAbout05-3470WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Cumberland County Penns I leas 01 ylvania Vs. Plaintiff . ALVIN LEID No. 057-,3V76 Civil Action Law NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY DAYS 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 Dated: July 8, 2005 William A. Addams Attorney for Plaintiff COMPLAINT A AND NOW, comes the plaintiff, Frank Evelhoch, by his attorney, William A. Addams, and makes the following complaint. 1. The plaintiff is Frank Evelhoch, an adult individual residing at 35 Eastgate Drive, Apt. 217, Carlisle, Cumberland County PA 17013. 2• The defendant is Alvin Leid, an adult individual residing at 225 Stoughstown Road, Shippensburg, Cumberland County, PA. 17257. 3. The plaintiff was the owner of a 1998 Chevrolet Geo Prizm which he was driving at about 10 o'clock P.M. on July 8, 2003, traveling north on Route 11 in West Pennsboro Township, Cumberland County' PA. 4. The defendant was also traveling north ahead of the plaintiff, negligently and carelessly operating an International Tractor towing another piece of equipment without lights on either vehicle. 5. The defendant was negligent and careless in: a. Operating his vehicle on the highway without lights, b. Traveling too slowly on the highway, C. Failing to warn motorists of his presence on the highway, 6. As a result of the negligence and carelessness of the defendant, the plaintiff was unable to see the defendants tractor and equipment, and collided with the rear of the towed unit. 7. As a result of the negligence and carelessness of the defendant, the plaintiff's vehicle, which had an actual cash value of $5,657.75, was a total loss. The vehicle had a net salvage value of minus $28, resulting in a loss of $5,685.75. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $5,685.75, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. William A, ddams Attorney for the Plaintiff YERIFICAno 1, William A. Addams, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in pleading are true, to the best of m the foregoing information supplied, and the verifies oknowlede, information and belie upo the time allowed for filing of the pleading. n of the party cannot be btainedfwitthiin I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. 7uly 8, 2005 i vi l am A. Ac?dams Esquire Attorney I. D. N0.06265 27 West High Street P.O. Box 261 Carlisle, Pa. 17013 717-243-7638 C i' rr .t _htq - 1 O SHERIFF'S RETURN - REGULAR CASE NO: 2005-03470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVELHOCH FRANK VS LEID ALVIN MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEID AL the DEFENDANT , at 1552:00 HOURS, on the 15th day of July , 2005 at 225 STOUGHSTOWN ROAD SHIPPENSBURG, PA 17257 by handing to ALVIN LEID a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Postage .37 Surcharge 10.00 .00 37.97 Sworn and Subscribed to before me this day of A. D. Prothonotary So Answers: Ile R. Thomas Kline 07/18/2005 WILLIAM ADDAMS By Deputy heriff FRANK EVELHOCH :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA VS. ALVIN LEID No. 05-3470, Civil Defendant : Civil Action Law Notice to Plead To: Frank Evelhoch: You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Q&?,-J044, My J. der., Esquire Attorney 27405 Attorney for Defendant 9974 Molly Pitcher Highway Shippensburg, PA 17257 FRANK EVELHOCH AN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA VS. ALVIN LEID : No. 05-3470, Civil Defendant : Civil Action Law ANSWER, NEW MATTER AND COUNTERCLAIM OF DEFENDANT ALVIN LEIB Comes now the Defendant, Alvin Leid, by and through his counsel, Sally J. Winder, Esquire, and does state the following by way of Answer, New Matter and Counterclaim of Alvin Leid: i. Admitted. 1 Admitted. 3. Admitted. 4. Admitted in part and denied in part. Admitted that Defendant was traveling north and was ahead of Plaintiff. Admitted that Defendant was operating a tractor pulling a chisel plow. Denied that Defendant was negligently or carelessly operating the tractor. It is further denied that there were no lights. On the contrary, there were flashing lights on the tractor and plow. Additionally there was a slow moving vehicle sign on the tractor and on the plow. 5. Denied. On the contrary, Defendant was not negligent because he did have lights, was not traveling too slowly on the highway, and had warning signs on his vehicle and equipment all as required by law for safe travel upon the roadway. 6. Denied. On the contrary, Plaintiff failed to see what was clearly in front of him and carelessly, recklessly, and negligently ran into the back of Defendant's plow never braking or attempting to stop. 7. Denied. On the contrary Plaintiff's total loss was a result of his own negligence and carelessness and therefore Plaintiff has no claim against Defendant. NEW MATTER 8. Paragraphs 1 through 7 are included as set forth above. 9. Plaintiff's negligence was greater than the causal negligence of Defendant. Therefore, Plaintiff cannot recover any damages from Defendant. WHEREFORE, Defendant demands judgment against the Plaintiff and dismissal of Plaintiff's Complaint. COUNTERCLAIM 10. Paragraphs 1 through 9 are included as set forth above. 11. On July 8, 2003, the Defendant, Alvin Leid, was driving his tractor and plow on Route 11, with flashing lights visible from the rear by any approaching vehicle. 12. The Plaintiff, Frank Evelhoch, was operating a 1998 Chevrolet Malibu on Route 11, at a speed of 50 miles per hour, according to the police report. 13. On that day, while approaching the tractor and plow operated by Defendant, Plaintiff failed to brake or slow down to avoid rear-ending the Defendant's vehicle. 14. Plaintiff admitted he was negligent when he told the police officer he did not see the Defendant until he hit him. 15. The Plaintiff was negligent and careless in that; 1.) if he had looked in front of him he would have seen the flashing lights on Defendant's vehicle; 2.) he failed to slow down to avoid hitting the vehicle in front of him; 3.) he never attempted to, or braked thus causing a collision with Defendant. 16. As a result of the Plaintiff's negligence and carelessness, Defendant's tractor and plow were damaged requiring repairs to the tractor in the approximate amount of $400.00 including welding, replacement of rims, and a new shank as well as damage to the plow twisting the frame resulting in the plow not plowing properly, all of which has damaged the Defendant in the amount of $2,100.00. WHEREFORE, the Defendant demands judgment. against the Plaintiff in the amount of $2,100.00 plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. Respectfully submitted, & Ljw?,J?- Sally J. der, Esquire Attorney for Defendant 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532-9476 VERIFICATION I verify that the statements made in this Answer, New Matter, and Counterclaim are true and correct to the best of my personal knowledge and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: g- S -D.S _a ?°Q•-•( ALVIN LEID r-? ?? `J? S t - ?, l? ?? t- `'. '? c ..t WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Cumberland County Pennsylvania Plaintiff Vs. ALVIN LEID Defendant No. 2005-3470 Civil Action Law REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW comes the plaintiff, Frank Evelhoch,, by his attorney, William A. Addams, and makes the following reply to defendant's answer with new matter and counterclaim: NEW MATTER 8. No answer is required. 9. The conclusion of law is denied. THEREFORE, the plaintiff requests the new matter be dismissed. COUNTERCLAIM 10. The above answers are incorporated herein by reference. 11. Denied in accordance with Pa. R.C.P.1029(e). 12. Admitted. 13. Denied in accordance with Pa. R.C.P.1029(e). 14. The conclusion of law is denied. 15. Denied in accordance with Pa. R.C.P. 1029(e). 16. After reasonable investigation, the plaintiff is without knowledge sufficient to form a belief as to the truth of the averment regarding the defendants damages, and the same is denied. 17. The defendant's counterclaim is barred by the applicable statute of limitations. WHEREFORE, the plaintiff requests that the counterclaim be dismissed. William A. A dams Attorney for the Plaintiff VERIFICATION I, William A. Addams, 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, and the verification of the party cannot be obtained within the time allowed for filing of the pleading. 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. X August 15, 2005 William A. Addams, Esquire Attorney I.D. No. 06265 27 West High Street P.O. Box 261 Carlisle, PA 17013 717-243-7368 Sh :! Wd 61 OAV SQQl h&iv,d,;, b:;Ua 31'i ]0I.! : -CCJ3TJ Curtis R. Long Prothonotary (Offfte of the i3rotbonotarp Cumberlanb Coutttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Qs- 3 q 16 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573