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HomeMy WebLinkAbout06-5493 . ... WILLIAM A. ADDAMS, ESQUIRE A ITORNEY ill # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE P A 17013 TELEPHONE 717-243-7638 fLAWRENClfif.i3oVCE..........................................r......lil..the..C\)urt"of"Common..Pleas..o{'.....j VS. No. Ck - f)t.f1j ~i I Defendant. 1 .........................................................................................................."..........................................................................................................." CRAIG E. EVANS and NATIONAL FREIGHT INC. Civil Action Law NOTICE You have been sued in Court. If you wish to defend against the class 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 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. Court Administrator Fourth Floor Cumberland County Court House Carlisle P A 17013 717-240-6200 ~ ". ?:::/ /. ... Willi A. Addams Attorney for Plaintiff AND now comes the plaintiff, Lawrence R Boyce, by his attorney, William A. Addams, and makes the following ~ COMPLAINT 1. The plaintiff is Lawrence R. Boyce, and adult individual residing at 16 Glaize Ave, Winchester, VA 22601. 2. The defendant, Craig E. Evans, is an adult individual residing at 45 Erlston Dr., Danville, Montour County, PA 17821. 3. The defendant, National Freight Inc. is a Delaware corporation with its offices and principal place of business at 71 West Park Ave., Vineland, N.J. 08360. 4. Lawrence Boyce was the owner of a 2002 GMC Sierra which Matthew Boyce was driving at about noon on January 14, 2006, traveling North on Interstate 81 near Mile Marker 52 in Cumberland County, P A. 5. Mr. Boyce was traveling in the left lane and slowed the vehicle because the vehicle he was following was turning left into crossover. 6. At that time and place, defendant Evans was also traveling North in the left lane driving a 2006 Freightliner in the course of his employment for National Freight Inc. and negligently and carelessly collided with the rear of the plaintiff's vehicle causing the damages hereinafter set forth. 7. The defendant, Evans, and the defendant, National Freight, Inc., through the conduct of its agent, servant and employee, were negligent and careless in: a. Traveling too fast for conditions; b. Failing to have his vehicle under control; c. Failing to observe the plaintiff's vehicle in time to avoid a collision. 8. As a result of the negligence and carelessness of the defendant, the plaintiff's vehicle was a total loss. The vehicle had an actual cash value of $18,241.14 prior to the collision and a net salvage value of $3,820.00. for a loss in the amount of $14,421.14. WHEREFORE, the plaintiff demands judgment against the defendants in the amount of $14,421.14, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. ~~ William A. adams Attorney for Plaintiff .. . VERIFICA TION Lawrence R. Boyce, hereby verifies that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 P A. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 9 /1 ? !f} C L;:fR&14-~ ~~ ~~ \ .~ a <i "0 "V' .-n{ "' '~yJ ....1..-' ~.t;'.'. t;:\ I;<~'- ,.24-~ ~\.' 7?; .' ~\ ~ ~ ~ .." ~ ~ - - .' Q ~ ~~ ?f1~ 9~q, '-c. -0 7")""'" -.::,..0 -"", f1" ~ o ~ s;- "' SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ill: 40071 United Plaza 30 South 17th Street - Suite 1700 Philadelphia, P A 19103 (215) 972-8015 Attorney for Defendants LAWRENCE R. BOYCE vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION DOCKET NO.: 06-5493 CRAIG E. EV ANS and NATIONAL FREIGHT, INC. ANSWER OF DEFENDANT. CRAIG E. EVANS AND NATIONAL FREIGHT. INe. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes Defendants, Craig E. Evans and National Freight, Inc., by and through their attorneys, Segal McCambridge Singer & Mahoney, Ltd., and files the following Answer with New Matter to the Plaintiffs Complaint, and in support thereof, avers as follows: 1. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of their 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. 3. Admitted. 4. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of their averments contained .,. in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that Matthew Boyce was traveling in the left lane to make an illegal u-turn. It is denied that Plaintiff, Matthew Boyce was legally turning left into a crossover. 6. Admitted in part, denied in part. It is admitted that Defendant, Craig E. Evans was traveling north on route 81 in a 2006 Freightliner while in the course of his employment for National Freight. It is specifically denied that he was negligent or careless at any time with regards to the motor vehicle accident that occurred. 7. Denied. Answering Defendants specifically deny that they were negligent or careless in any manner with respect to the happening of this motor vehicle accident. By way of further answer, answering defendants specifically deny that they were traveling too fast for conditions, failed to have their vehicle under control or caused this accident to occur in any manner. 8. Denied. It is specifically denied that answerIng Defendants were negligent or careless in any manner whatsoever. As to the remaining allegations of this paragraph, after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of the remaining averments contained in this paragraph, and therefore the remaining averments are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, defendants, Craig E. Evans and National Freight, Inc., respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 1. Plaintiffs damages were not caused by any acts, omissions, and/or breaches of duty of answering defendants. 2. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 3. Any damages that plaintiff may be entitled to recover in this action, are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehic1e Financial Responsibility Law, 75 Pa. C.S.A. ~ 170 I, et seq. 4. If it should be found that there was any negligence on the part of defendants, which negligence is specifically denied, any such negligence was not the proximate cause of the plaintiff s harm. 5. Plaintiff may have failed to mitigate his damages. 6. Any negligence on the part of the defendants, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the plaintiff. -. 7. This accident may have been caused by a sudden emergency. SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. BY:~ C DAVID C. WEINBERG, ESQUIRE Attorney for Defendants, Craig E. Evans and National Freight Inc. United Plaza 30 South 1 ih Street - Suite 1700 Philadelphia, P A 19103 (215) 972-8015 VERIFICATION I, David C. Weinberg, Esquire on behalf of Defendants, Craig E. Evans and National Freight, Inc., do hereby verify that the facts set forth in the foregoing Answer of Defendants With New Matter, and that the statements contained herein are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.~ 4904 relating to the unsworn falsification to authorities. ~einber Date: November 13, 2006 SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By: David C. Weinberg, Esquire Attorney ill: 40071 United Plaza 30 South 17th Street - Suite 1700 Philadelphia, P A 19103 (215) 972-8015 Attorney for Defendants vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CIVIL ACTION DOCKET NO.: 06-5493 LAWRENCE R. BOYCE CRAIG E. EVANS and NATIONAL FREIGHT, INC. CERTIFICATION OF SERVICE I, David C. Weinberg, Esquire, hereby certify that a true and correct copy of Defendants' Answer to Plaintiff's Complaint with New Matter was served by first-class mail to counsel for Plaintiff, William A. Addams, Esquire, 27 W. High Street, P.O. Box 261, Carlisle, PA 17013. r- Davl C. Weinberg, Esquire Attorney for Defendants Date: November 13, 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 Attorney for Defendants vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION DOCKET NO.: 06-5493 LA WRENCE R. BOYCE CRAIG E. EVANS and NATIONAL FREIGHT, INC. ANSWER OF DEFENDANT. CRAIG E. EVANS AND NATIONAL FREIGHT. INC. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes Defendants, Craig E. Evans and National Freight, Inc., by and through their attorneys, Segal McCambridge Singer & Mahoney, Ltd., and files the following Answer with New Matter to the Plaintiffs Complaint, and in support thereof, avers as follows: 1. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of their 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. 3. Admitted. 4. Denied. After reasonable investigation, answenng Defendants are without knowledge or information sufficient to form a belief as to the truth of their averments contained 1 in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that Matthew Boyce was traveling in the left lane to make an illegal u-turn. It is denied that Plaintiff, Matthew Boyce was legally turning left into a crossover. 6. Admitted in part, denied in part. It is admitted that Defendant, Craig E. Evans was traveling north on route 81 in a 2006 Freightliner while in the course of his employment for National Freight. It is specifically denied that he was negligent or careless at any time with regards to the motor vehicle accident that occurred. 7. Denied. Answering Defendants specifically deny that they were negligent or careless in any manner with respect to the happening of this motor vehicle accident. By way of further answer, answering defendants specifically deny that they were traveling too fast for conditions, failed to have their vehicle under control or caused this accident to occur in any manner. 8. Denied. It is specifically denied that answering Defendants were negligent or careless in any manner whatsoever. As to the remaining allegations of this paragraph, after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of the remaining averments contained in this paragraph, and therefore the remaining averments are specifically denied and strict proof thereof is demanded at the time of trial. , WHEREFORE, defendants, Craig E. Evans and National Freight, Inc., respectfully request that judgment be entered in their favor and that Plaintiff s Complaint be dismissed with prejudice. NEW MATTER 1. Plaintiffs damages were not caused by any acts, omissions, and/or breaches of duty of answering defendants. 2. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 3. Any damages that 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. S1701, et seq. 4. If it should be found that there was any negligence on the part of defendants, which negligence is specifically denied, any such negligence was not the proximate cause of the plaintiff s harm. 5. Plaintiff may have failed to mitigate his damages. 6. Any negligence on the part of the defendants, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the plaintiff. , 7. This accident may have been caused by a sudden emergency. SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. BY: ~ r- DAVID C. WEINBERG, ESQUIRE Attorney for Defendants, Craig E. Evans and National Freight Inc. United Plaza 30 South 1 th Street - Suite 1700 Philadelphia, PA 19103 (215) 972-8015 1 VERIFICATION I, David C. Weinberg, Esquire on behalf of Defendants, Craig E. Evans and National Freight, Inc., do hereby verify that the facts set forth in the foregoing Answer of Defendants With New Matter, and that the statements contained herein are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.~ 4904 relating to the unsworn falsification to authorities. , \ r--. ~. \, \ \ ii, '\ .-tr---' '. D~vi C. Weinberg Date: November 13,2006 .. 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 Attorney for Defendants vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION DOCKET NO.: 06-5493 LA WRENCE R. BOYCE CRAIG E. EVANS and NATIONAL FREIGHT, INe. CERTIFICATION OF SERVICE I, David C. Weinberg, Esquire, hereby certify that a true and correct copy of Defendants' Answer to Plaintiff's Complaint with New Matter was served by first-class mail to counsel for Plaintiff, William A. Addams, Esquire, 27 W. High Street, P.O. Box 261, Carlisle, PA 17013. I ("'1\ J' . I. \ I yv DavidJC. Weinberg, Esquire Attorney for Defendants ~- ( Date: November 13, 2006 o \~~:; 1-.' C~:J ~~:_~: ..,,~ C) ~ 0' -"" (,) C) ,;;.' SHERIFF'S RETURN - OUT OF COUNTY CASE NO~ 2006-05493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOYCE LAWRENCE R VS EVANS CRAIG E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EVANS CRAI G E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTOUR County, Pennsylvania, to serve the within COMPLAINT & NOTICE 3rd , 2006 , this office was in receipt of the On October attached return from MONTOUR Sheriff's Costs: Docketing Out of County Surcharge Dep Montour County Postage 18.00 9.00 10.00 50.00 .78 87.78 10/03/2006 WILLIAM ADDAMS ~ . Thomas Kline Sheriff of Cumberland County ./ /6!/D/f)(,. ~ ~~ Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-05493 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOYCE LAWRENCE R VS. EVANS CRAIG E ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,NATIONAL FREIGHT INC by United States Certified Mail postage prepaid, on the 26th day of September,2006 at 0000:00 HOURS, at 71 WEST PARK AVENUE VINELAND, NJ 08360 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by C. BRAMBLE 09/28/2006 on Additional Comments: Paid by WILLIAM ADDAMS 6.00 4.64 .00 10.00 .00 20.64./ /DJI(~l Dls. ~ Sheriff's Costs: Docketing Service Affidavit Surcharge ~.-...----- ~- - .,::- >-R. Thomas Kline Sheriff of Cumberland County on 10/03/2006 . Sworn and Subscribed to before me this day of A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania Lawrence R. Boyce VS. Craig E. Evans et al SERVE: Craig E. Evans No. 06-5493 civil Now, Septanber 22, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Montour County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE :MILEAGE AFFIDA VIT $ $ -0 (fl -r\ ~ ~ ....l ...... 0 o -r\ \J'1 \ ~ \ ~ o o o o ru ~. o .....l -"'~'Z '-< ...., OJ t'i rot ('i) ~.~. 1-" ~ ~ ~ OJ :>>~I-' 'Z '1:' ~ C-\ ~ ~. OmlO ~e~ 0" ('i) t-:I o ';} o -:" ... ~ ~ ~ <8 ~.~ ~ · _' OQ!~~~? % ~l;}~",,~~ "'" "'0""'':';- 'g. i~:E.l;,~1ll ~ a-ui\~~\~ 't1! ~ ~3'a'~ ~ "'" -;;l, III ';} '0 (jlO~~~:'" .' "i ~ % 0. o!'l ~lll~'&.~~ -o'i III o"\Glo. lllOO ,2<P %." ~a ,ji'1:- '(;!9.. 00.11I . ~O~GlO III "" ~ lA. 9- ~~lll!~ ~.'l'''O \ \ ~ SO ...~ "0 .iij 0.. -'" 0 .- 0) ..... tOO) 0 :Eu. . ~0<5 0 )( tOO) Z 0 G ~(/):o:: .0 "!'-o..E III - .~ ~ (/) ~ :s .-:::;. u.. 0..:::> 0.. .E:. '<:t + ~ 0- N u.J :E "0 ~ - - c m < - vi Go. - W III 0 I - Q) - - .... en "0 - "0 La.- m l.L. cD a: E w u.J :t: c:: ,<[ m en < c >-:::l .... i :::3 ......oC") 0 :z.en~ Ul >- :::lu.JO (,) ..... oent- ~ c (.,):::l"- .c Ul 0. 00< (/) Q) z:t:Go. -1 III <(?- m ...Jccu.J :;: ;:s Q) c:::::l...J - ~ Ci: woen - ooCJ::i - 0- >..: :::EU.JC:: III Q) :::lZ< Ul "0 (.,)OCJ ti c Q) l- (/) ('! (/) . ~ 0 Ul t: t' z :J WILLIAM A. ADDAMS, ESQUIRE Attorney ill #06265 27 W. High Street P.O. Box 261 Carlisle, P A 17013 (717) 243-7638 Attorney for Plaintiff, Lawrence R. Boyce vs. COURT OF COMMON PLEA CUMBERLAND COUNTY, P CIVIL ACTION DOCKET NO.: 06-5493 LAWRENCE R. BOYCE CRAIG E. EV ANS and NATIONAL FREIGHT INC. PRAECIPE TO SETTLE. DISCONTINUE AND END To the Prothonotary: >- g? l"'~: l,tc'~~: '-..> ;, j; ~~~; ('I~'':'' rt1[..1_ :;;Jw U-::c I- u_ o Date: Kindly mark the above-captioned matter discontinued and ended. r- tn ~'" .' .,/ /.' ? //4~~ WILLIAM A. ADDAMS, ESQUIRE Attorney for Plaintiff Lawrence R. Boyce 27 W. High Street- P.O. Box 261 Carlisle, PA 17013 (717) 243-7638 f; BY: .. - ::c 0- en I c:::: c:_ ~ r- = c:;;:.. c--.J ~5 o ., ,/ ,I 1./ / ("? / :7 . 1/ I ., 2007 "