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Home My WebLink About06-2177 ,. 0, " SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ID: 40071 United Plaza 30 South 17th Street - Suite 1700 Philadelphia, PA 19103 (215) 972-8015 NATIONAL FREIGHT INC. 71 West Park Avenue Vineland, New Jersey 08360 vs, MATTHEW L. BOYCE 16 Blaze Avenue Winchester, Virginia 22601 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION DOCKET NO,: C(, - /ll7 G~ NOTICE A VISa You have been sued in court. If you wish to defend against the claims set/i)rth in the following pages, you must lake action within [wenly (20) days' after this complaint and notice are served. by entering a written appearance personally or hyattorney and filing in writing with the court your defense or objections to the claims set.fbrlh against you. You are viarned that !(you./ail to do .\'1/ the ea.\"C may proceed without further noliee jar any money claimed ill the complaint or jar any other claim or relief requested hy the plaint{fl You may lose money or properly 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 FORTII BnOW [TO FIND OUT WHERE YOU CAN GET LEGAr HELP]. THIS OFFlCF. CAN PROVIDE YOU WITIIINf'ORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER SERVICES TO F.UGIBLE PERSONS AT A REDUCED IOU OR NO FEE_ Cumberlalld County Bar Association Law.ver Reference Service 32 South Bedford Street Carlisle, PA 170!3 Telephone: (717)249-3166 Le han demandado a 1I.<;ted en fa corte. Si usted quiere defenderse de estas demandw; expueslas en fas paginas siguientes, usted tiene veinte (20) dias de pfazo af parlir de fa fccha de la demanda y la nol!licacion. Hace falla asentar una comparesencia escrila a en persona 0 con un ahogado y entregar a fa corte en form escrita sus defensas 0 sus ohjeciones alas. demandas en contra de Sit persona. Sea avisado que si usted no se defiende. fa corte tomara medidas y puede continuar la demanda en contra suya sin pren'o aviso 0 notificacion. Ademas, la corte puccle decidir a favor del demandante y requier que usted cumpla con todas las provisione.\. de esta demanda. Usled puede perder dinero 0 sus propiedades II otros derechos impartantes papa listed. LIeve esta demanda a un ahogado inmediatamente. ,';i no tiene ahogado 0 si no tiene eI dinero suficiente de pagar lal servicio, vaya en persona 0 lIame por telejimo a la oficina cuya direccio/l s.e encuentra escrita abajo para averiguar donde se Pllede consiguir asislencia legal. Asociacion De Licenciados De Cumberland Servicio De R(~rerencia E Informacion Legal 32 South Bedford St. Carlisle, Pennsylvania 17013 Te/efono: (717) 249-3166 SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ID: 40071 United Plaza 30 South 17'" Street - Suite 1700 Philadelphia, PA 19103 (215) 972-8015 NATIONAL FREIGHT INC, 71 West Park Avenue Vineland, New Jersey 08360 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs, CIVIL ACTION DOCKET NO.: MATTHEW L. BOYCE 16 Blaze Avenue Winchester, Virginia 22601 COMPLAINT I. National Freight is a Delaware corporation with its principle place of business at 71 West Park Avenue, Vineland, New Jersey 08360, 2. Defendant, Matthew L. Boyce, is an individual who resides at 16 Blaze Avenue, Winchester, Virginia 22601. 3. On January 14, 2006, a National Freight tractor trailer, operated by its driver, Craig Evans, was legally proceeding northbound on Interstate 81, in the County of Cumberland, Pennsylvania, 4, On the same date, defendant, Matthew Boyce, was operating his motor vehicle on Route 81, northbound in the County of Cumberland, Pennsylvania. 5, On said date and at said location, defendant, Matthew Boyce did operate his vehicle in a negligent, careless and reckless manner, causing a motor vehicle accident to occur with the National Freight vehicle operated by Craig Evans, 6, The negligence of Matthew Boyce consisted of, among other things, operating his vehicle at an excessively slow speed in the left lane of Route 81, attempting to make an illegal U-turn on Route 81, failing to maintain control of his vehicle, failing to avoid collision with other vehicles, and was otherwise negligent. 7, As a result of the negligence of Matthew L. Boyce, plaintiff, National Freight sustained property damage to its vehicle in the amount of$IO,919,61. 8. In addition, as a result of the negligence of Matthew L. Boyce, National Freight was unable to use its vehicle in its normal course of business while the vehicle was being repaired and, accordingly, there is a loss of down time in the amount of $2,000.00. WHEREFORE, plaintiff, National Freight Inc" claims damages against defendant Matthew L. Boyce in the amount of$12,919,61. SEGAL MCC,\BRIDGE SINGER & MAHONEY, LTD. BY: "'-~ / ~~D C, WEINBERG, ESQUIRE Attorney for Plaintiff, National Freight Inc, United Plaza 30 South 17th Street - Suite 1700 Philadelphia, PA 19103 (215) 972-8015 "..-. VERIFICATION I, Berneice Grotti, on behalf of Plaintiff, National Freight, Inc., do hereby verify that I have read the foregoing Complaint and that the statements contained herein are true and correct to the best of my knowledge. This Verification is made subject to the penalties of 18 Pa.C.S.~ 4904 relating to the unsworn falsification to authorities. I3~A~J~ Berneice Grotti Date: April I 0 . 2006 ~m"""I-PA..Af/ 'JJlIi ,,"'/ ~ "J;j}!tl)./ /'. ~ ',"l~'\" :J)z~~ "~ ~ .>-\."1!' ' ,/,yo.; '" ,..~ -"-.,' '~...G..'t\,.. 0;;: '!lb1:j...... <, ~ <l 'J.J' .... __~:Jo.. "':\"" ::. ::-c:...:.o..-:: ,\,,~.... =~:;: C<~1~"_7 '~_~= = ." *'. ' :u:;' ;: ':;~ *. : ..~~ ~ ~~. 1-,.., ,_4, *1S ~ ~ '1-~ O;':.'/IJE:"r~:.:.,~~,~ -.. ("/ I. ..... -0 ,- '// /1,,-'I/1V I'Voll:' ',.. . -, fIIILllIllIlll"" "ii'/IHI'liP'" \.;.'" (~ 'i" \v 7'<. -.., -1 {;', 0-0. '\J V "" ("'"- p '\N ',->' , I '-.!'" '-" <:;" ( ~\ " -- ..J SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ID: 40071 United Plaza 30 South 17th Street - Suite 1700 Philadelphia, PA 19103 (215) 972-8015 NA TIONAL FREIGHT INC. 71 West Park Avenue Vineland, New Jersey 08360 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL ACTION DOCKET NO.: 06-2177 MATTHEWL. BOYCE 16 Blaze Avenue Winchester, Virginia 22601 CERTIFICATE OF SERVICE I, David C. Weinberg, Esquire, herehy certifY that a true and correct copy of Plaintiff's Complaint was served by Certified Mail - Return Receipt Requested to the following defendant, Matthew L. Boyce, 16 Blaze Avenue, Winchester, Virginia 22601, on the date shown below. ~embC Date: April 24, 2006 - .t:-:-.", en ::.2 v.., 2 C"" ~ :;"0 :;:;'0 ~ -.... ~ c.,J JOhnson. Duffie, Stewart & Weidner By: Wade D, Manley, Esquire I,D, No, 87244 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdms@jdsw,com Attorneys for Defendant Matthew L. Boyce NATIONAL FREIGHT, INC" Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2177 CIVIL JURY TRIAL DEMANDED MATTHEW L. BOYCE, Defendant ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Matthew L. Boyce, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, P.C" and files the following Answer With New Matter to the Plaintiffs Compliant, and in support thereof avers as follows: 1, Denied, After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Matthew L. Boyce is an individual, The remainder of the averments contained in this paragraph are specifically denied, and strict proof thereof is demanded at the time of trial. By way of further answer, the Defendant, Matthew L. Boyce, resides at 16 Glaize Avenue, Winchester, Virginia 22601. 3, Denied, The averments contained in this paragraph are conclusions of law and fact to which no response is required, If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 4, Admitted, 5. Denied, The averments contained in this paragraph are conclusions of law and fact to which no response is required, If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 6. Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required, If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 7, Denied, The averments contained in this paragraph are conclusions of law and fact to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial, 2 8, Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Matthew L. Boyce, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice, NEW MATTER 9, The Plaintiffs injuries and damages are not caused by any acts, omissions, and/or breaches of duty by Defendant. 10. Plaintiffs Complaint fails to state a claim upon which relief may be granted, 11, Any damages that the Plaintiff may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A, ~1701, J!1 sea, 12, The Plaintiffs claims and/or alleged losses are barred and/or limited by the Limited Tort Option pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 3 13, If it should be found that there was any negligence on the part of the Defendant, which negligence is specifically denied, any such negligence was not a proximate cause of the Plaintiff's harm, 14. The Plaintiff may have failed to mitigate her damages, 15. Any negligence on the part of the Defendant, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiff. 16, This accident may have been avoidable. 17, This accident may have been caused by a sudden emergency, 18, If the Plaintiff suffered the injuries alleged in the Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff and recovery in this action may be barred or diminished in accordance with the Pennsylvania Comparative Negligence Act, 19. Plaintiff may have assumed the risk of any injuries he allegedly sustained. 20, Plaintiffs' cause of action may be barred by the applicable Statute of Limitations, 4 WHEREFORE, the Defendant, Matthew L Boyce, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice, JOHNSON, DUFFIE, STEWART & WEIDNER By: ?v~ Wade D. M Ie, E uire Attorney I.D, N ,87 44 301 Market Stree P.O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: tJ/flo(p :275329 5 VERIFICA TION The undersigned confirms that the facts set forth in the foregoing Answer of Defendant to Plaintiff's Complaint with New Matter are true and correct. This verification is made subject to the penalties of 18 Pa, C,SA ~ 4904, relating to unsworn falsifications to authorities. By: ./11. /jL", ~ Matthew ~, Boyce Date: ,<) ft..q / z,co(p . CERTIF/CA TE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the l~ day of J of...... , 2006, addressed to the following: David C, Weinberg, Esquire Segal McCambridge Singer & Mahoney, LId, United Plaza 30 South 1 ih Street, Suite 1700 Philadelphia, PA 19103 JOHNSON, DUFFIE, STEWART & WEIDNER By-~~ ~~ Wade D, ani ,Es uire (; c r--' G;'" -' ,;.~., <-.~ -- L,) <A .-\ ::t:. -ri III -,"- "'~-l \__,] ,1__J ...f'J i.,:-": '-'j, -'~ ; ;r\ (\') -.:\ ~-"" -'" t;-? -"-,'1 :::t. .r:- CJ J' .... SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ill: 40071 United Plaza 30 South 1 ih Street - Suite 1700 Philadelphia, P A 19103 (215) 972-8015 NATIONAL FREIGHT INe. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL ACTION DOCKET NO.: 06-2177 MATTHEW L. BOYCE Defendant PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT MATTHEW L. BOYCE 9. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 10. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 11. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. " 12. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 13. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 14. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 15. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 16. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. ,. . 17. Denied. The averments ofthis paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 18. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 19. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. 20. Denied. The averments of this paragraph of Defendant's New Matter are denied as conclusions of law to which no responsive pleading is required. By way of further answer, plaintiff incorporates herein by reference its civil action complaint fully, as though same were set forth herein at length. WHEREFORE, plaintiff National Freight Inc. requests that the New Matter of defendant, Matthew L. Boyce, be dismissed with prejudice and judgment entered in favor of plaintiff. . Date: June 16, 2006 SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: ~ \V ~. Weinberg, Esquire Attorney for National Freight, Inc. . I, DAVID C. WEINBERG, do hereby certifY that an original and two (2) copies of the within Reply of Plaintiff to Defendant's New Matter was mailed on June 15, 2006 to the Cumberland County Court of Common Pleas, One Court House Square, Carlisle, P A 17013 and to counsel for Defendant, Wade D. Manley, Esquire, Johnson Duffie, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109. I certifY that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. BY: ~ ~ David C. Weinberg, Esquire Date: June 16, 2006 . # SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ID: 40071 United Plaza 30 South 17th Street - Suite 1700 Philadelphia, PA 19103 (215) 972-8015 NATIONAL FREIGHT INC. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL ACTION DOCKET NO.: 06-2177 MATTHEWL. BOYCE Defendant PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT MATTHEW L. BOYCE I, Linda B. Ryan, hereby certifY that: 1. I am a legal secretary with the firm of Segal McCambridge Singer & Mahoney, Ltd. 2. On the below date, I mailed the original and two (2) copies of Plaintiffs Reply to New Matter of Defendant, to Cumberland County Court of Common Pleas. One Court House Square, Carlisle, PA 17013. 3. A copy of the Reply to New Matter of Defendant was mailed to all counsel of record. 4. I certifY that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Date: June 16, 2006 ~ ~-1J~ r-.... "I CJ -n ::::J I..;~" (.) ,.,') CJ: --<: SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ID: 40071 United Plaza 30 South 17th Street - Suite 1700 Philadelphia, PA 19103 (215) 972-8015 Attorney for Plaintiff NA TIONAL FREIGHT INC. vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION DOCKET NO.: 06-2177 MATTHEW L. BOYCE PRAECIPE TO SETTLE. DISCONTINUE AND END To the Prothonotary: Kindly mark the above-captioned matter settled, discontinued and ended. SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. BY: ~ C. WEl:::UIRE Attorney for Plaintiff National Freight, Inc. United Plaza 30 South 17th Street - Suite 1700 Philadelphia, P A 19103 (215) 972-8015 Date: ~ I ~~ l.p ,2007 l'-' e~ = --.J ::or: :-:w :::0 N CO o ." :2 rl1 :0 -0 fTi ~T] CJ t") \ :~C'::'l -'T""-Tt ~~ ~ XI ~ ~ ..-~.~ -i~ Lj? N