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7. On April 5, 1994 at approximately 4:54 p.m., Plaintiff
Robert Allen w.. operating his 1986 Ford Ranger pickup truck
travelling south on Route 11 in the right hand lane.
8. On April 5, 1994 at approximately 4:54 p.m., Defendant
Charles E. Tate was operating a tractor trailer owned by Shaffer
Trucking, Inc. southbound on Route 11 in the left hand lane.
9. Both the Plaintiff and Defendant Charles E. Tate's
vehicle. were in heavy traffic because ot an auto accident on Route
11.
10. At some point, Plaintiff Robert Allen directed his
vehicle into the left hand lane of Route 11. South in front of
Defendant Robert Tate's tractor trailer.
11. Plaintiff Robert Allen partially put his vehicle into the
left hand lane and was stopped in that lane.
12. Defendant Charles E. Tate did not see the Plaintiff'.
vehicle in the left hand lane of Route 11 South and subsequently
struck the Plaintiff's vehicle causing severe damage.
13. The aforesaid accident was caused directly, proximately
and/or substantially by the negligence, carelessness, recklessness
and/or intentional conduct of the Defendant Charles E. Tate in the
following particular manners:
Ca) He intentionally struck the Plaintiff;
Cb) He was inattentive to the road conditions and the
Plaintiff's vehicle thereon;
2
(c) He failed to keep his vehicle under proper and
adequate control .0 a. not to expo.e other vehicle. to harm,
(d) He wa. travelling too fa.t tor the road condition.
then and there existing,
(e) He drove his vehicle in reckle.. disregard for the
.afety of the Plaintiff,
(f) He operated his vehicle in violation of the laws of
thi. Commonwealth;
(g) He failed to use the degree of care, caution and
control reaeonably required under all the circumetance..
14. As a result of the aforesaid accident, Plaintiff luffered
damage. to his pickup truck in excels of $800.00.
15. Also, as a result of the aforesaid accident, Plaintiff
incurred additional losles in excess of $300.00.
WHEREFORE, Plaintiff demands judgment againlt Defendant
Charle. E. Tate in the amount in excess of $1,000.00 plus intere.t,
damage. for delay and costs of suit. Said amount is within the
limite of compulsory arbitration in Cumberland County,
Penn.ylvania.
U. IfIGLIGDC. - .BU'.. ftUCItIIfG. UC.
16. Paragraphe 1 through 15 are incorporated herein by
rlference ~e though eet forth at length.
17. Defendant Shaffer TrUCking, Inc. employed Defendant
Charle. E. Tate as a truck driver for their company.
3
18. Defendant Shatter Trucking, Inc. b re.pondble for
employing careful and prudent driven with r..pondble driving
record. .
19. Defendant Shatter Trucking, Inc. i. negligent, carele..
and/or reckless in the hiring ot Detendant Charle. E. Tate becau.e
they hired the Defendant Charle. E. Tate with the knowledge thftt he
had an unsafe driving record.
20. As a re.ul t of the negligence ot Detendant Shaffer
Trucking, Inc., the unsafe driver they employed cau.ed an accident
and damage to Plaintiff Robert AI1~n.
21. As a re.ul t of the negligence of Detendant Shatfer
Trucking, Inc., Plaintiff incurred lo..e. in exce.. of $1,000.00.
WHEREFORE, Plaintift demands judqment again.t Detendant in the
amount in exce.s ot $1,000.00 plus interest, damages, delay and
co.ts of suit. Said amount is within the limit. of compulsory
arbitration in Cumberland County, Pennsylvania.
Respectfully submitted,
MANCKE, WAGNER, HERSHEY , TULLY
Dateli/-, ~AJ /l Il'i-.
/ V lWJ I
BYD.L2c:!!(i(
Attorney ID I 59001
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for Plaintift
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 94-4061 CIVIL TERM
ROBERT H, ALLEN
v.
SHAFFER mUCKING, INC. and
CHARLES E, TATE
Defendanta
PRAECIPE TO DISCONllNUE
To the Prothonotary:
Please mark the above-captloned ,isse sellled, discontinued, and ended.
Respectfully submllled,
MANCKE, WAGNER, HERSHEY, & TULLY
By
John Esquire
Allorne 1.0. No, 07212
2233 North Front Street
Harrisburg PA 17110
(717) 234-7051
Dated:
Allorneys for Plaintiff
, ,
" APR 5 10 11'/ AK '95
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Cumberland County, ?ennaylvan1a
~o. \'\'\\~ - \.\ \) ~\ (i~ ~\19
OATH
We do .olemnly swear (or affirm) that w. will support, obey and defend
~he Con.titution of ~he United S~ate. and the C~n.titut1oft or this Common-
'"ealth and,,t/lat we -oli11 dilcharge the duties, of 0 r of,fice Ji~h fide l1 cy .
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We, the undersignad arbitrators, having been duly appoinced and sworn
(or alfirmed), make the follOWing award:
(Note: It damagee for delay are awarded, chey shall be
aeparately stated.)
O^ ~-\:\ \Q~O" oj -~~.... r o,l( ~ -L'n~,,-~'\~) (l ~o}J
~ ~- ~\G\\ ^~ ('f- ~~ q ~O. 6\J ' ~
applicable. ) y Js~Jcl \-
cate of Rearing:
Oate of Award: '-JI M)q,
Arbitrator, diasencs. (Insert name if
fP~ ,iSliJt-
"I '~,. C)lainlllp
,{,I rei<. ( ,(.d~',<--1
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llOnC! OF OOR'! OF AWARD
Now, the ,n ~ay of {[fi"IcJ:..
~rd wa. .neered upon che docket
pareie. or t~eir attornevs.
, 19.'LL, at W, L.:I., the above
and notic. C!ler.ot ~i"en oy lIlal1 to t:te
Ar~itr.tor.' cOMgenaation to be
paid upon appeal:
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_ E'':'u ~hcno eary
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3y: '- t,,'J 'LI',c:. ti.. {( } <~ ( C'-,
Oe",ut:'
v.
I IN THB COURT OF COMMON PLBAS
I CUMBERLAND COUN'l'Y, PENNSYLVANIA
I
I NO. 94-4061 CIVIL TERM
I
I CIVIL ACTION - LAW
ROBERT H. ALLIN,
Plaintiff
SHAFFER TRUCRING, INC. and
CHARLBS B. TATB,
Defendants
IUImmaD C~r.aIIft'
1. Plaintift Robert H. Allen is an adult individual with a
current residence ot 222 South Sporting Hill Road, Mechanicsburg,
CUmberland County, Pennsylvania 17055.
2. Defendant Shatter Trucking, Inc. is an incorporated
business with an address ot 56 W.O. Street, Lincoln, Nebraska
68501.
3. Detendant Charles E. Tate is an adult individual with an
address of 912 We.t North street, CarUsle, Cumberland County,
Pennsylvania 17013.
4. On April 5, 1994, Detendant Shatfer Trucking, Inc. was
orerating a trucking business with a terminal located at Route 11
New Ringston, Cumberland County, Pennsylvania.
5. On April 5, 1994, Detendant Shaffer Trucking, Inc.
e.ployed Detendant Charles E. Tate as a truck driver.
1. HClLlaDC. - ~.I... .. '1ATI
6. Paragraph. 1 through 5 are incorporated herein by
reference 8S though set torth at length.
7. On April 5, 1994 at approximately 4154 p.m., plaintiff
Robert Allen wa. operaUnq hi. 1986 Ford Ranqer pickup truck
travelling .outh on Route 11 in the riqht hand lane.
8. On April 5, 1994 at approximately 4154 p.m., Defendant
Charle. E. Tate wa. operatinq a tractor trailer owned by Shaffer
Truckinq, Inc. .outhbound on Route 11 in the left hand lane.
9. Both the Plaintiff and Defendant Charle. E. Tate's
vehicles were in heavy traffic because of an auto accident on Route
11.
10. At some point, plaintiff Robert Allen directed his
vehicle into the left hand lane of Route 11 South in front of
Defendant Robert Tate's tractor trailer.
11. Plaintiff Robert Allen partially put hiB vehicle into the
left hand lane and was stopped in that lane.
12. Defendant Charles E. Tate did not see the plaintiff's
vehicle in the left hand lane of Route 11 South and subsequently
.truck the Plaintiff's vehicle cau.inq severe damage.
13. The aforesaid accident was caused directly, proximately
and/or .ub.tantially by the neqligence, carelessne.., reckle..ne..
and/or intentional conduct of the Defendant Charles E. Tate in the
following particular manners:
(a) He intentionally .truck the Plaintiff;
(b) He wa. inattentive to the road condition. and the
Plaintiff'. vehicle thereon;
(e) He failed to keep hb vehicle under proper and
adequate control so as not to expo.e other vehicle. to harJll;
(d) He was travelling too fast for the roa4 condition.
then and there existing;
(e) He drove hie vehicle in reckle.. dieregard for the
.afety of the Plaintiff;
(f) He operated his vehicle in violation ot the law. of
this Commonwealth;
(g) He failed to use the degree of care, caution and
control reasonably required under all the circumetance..
14. As a reeult of the aforesaid accident, Plaintiff suffered
damagee to his pickup truck in excess of $800.00.
15. Aleo, ae a result of the aforesaid accident, Plaintiff
incurred additional losses in excess of $300.00.
WHEREFORE, Plaintiff demands judgment against Defendant
Charlee E. Tate in the amount in excess of $1,000.00 plus interest,
damag.s for delay and costs of suit. Said amount is within the
limite of compuleory arbitration in Cumberland County,
Pennsylvania.
II. .IGLIGDCI - 8~." TIIUCKI.G. I.C.
16. Paragraphe 1 through 15 are incorporated herein by
reference as though set forth at length.
17. Defendant Shaffer Trucking, Inc. employe4 Defendant
Charles E. Tate a. a truck driver for their company.
3
18. Defendant Shaffer Truckinq, Inc. is responsible for
e.ploying careful and prudent driven with re.ponsible cSrivinq
recorcS..
19. Defendant Shaffer Truckinq, Inc. i. negliqent, carele..
and/or reckle.. in the hirinq ot Detendant Charles E. Tate because
they hired the Defendant Charles E. Tate with the knowledqe that he
had an un.ate driving record.
20. A. a result of the neqligence of Defendant Shaffer
Trucking, Inc., the unsafe driver they employed caused an accident
and damage to plaintiff Robert Allen.
21. A. a re.ult ot the neqligence of Defendant Shaffer
Trucking, Inc., Plaintiff incurred los.e. in exce.. of $1,000.00.
WHEREFORE, plaintiff demands judgment against Defendant in the
amount in exce.. of $1,000.00 plus interest, damages, delay and
co.ts of .uit. Said amount is within the limits of compulsory
arbitration in cumberland county, Pennsylvania.
Respectfully submitted,
MANCRE, WAGNER, HERSHEY
LLY
Date:
II/Iff(
By
DA R. BRESCHI, ESQUIRE
Attorney ID # 59001
2233 North Front Street
HarriSburg, PA 17110
717/234-7051
Attorney. for Plaintitf
4
,
r: \'U.'",rW.IIIM\ 1'I'1S',II),UI\l4w\l..
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION. LAW
NO. 94.4061
ROBERT H. ALLEN,
Plaintiff
SHAFFER TRUCKING, INC. and
CHARLES E. TATE,
Defendants
,JURY TRIAL DEMANDED
DEFENDANTS' ANSWER WITH NEW MATl'ER TO
PLAINTIFF'S AMENDED COMPLAINT
TO: ROBERT H. ALLEN, Plaintiff. and his attorney, DAVID R. BREseHI, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATl'ER WITHIN TWENTY 120) DAYS FROM SERVICE HEREOF OR
A JUDGMENT MAY BE ENTERED AGAINST YOU.
AND NOW, comes the Defendants, Shaffer Trucking, Inc. and Charles E. Tate. by and
through their attorneys, :\lARTSON, DEARDORFF, WILLIAMS & OTIO. and hereby
responds to Plaintiffs Amended Complaint as follows:
1. Admitted based on mformation received.
2, Admitted.
3, Admitted,
4, Admitted.
5, Admitted.
COl~T I . >-IEGLIGENCE
Robert H. Allen v. Charles E. Tate
~, The averments of para~aphs I through 5 of this Answer are hereby
incorporated by reference.
I, Admitted,
,~, ,\dmitted.
9, .-\dmitted.
I
10. It is admitted that Plaintiff, Robert H, Allen, began to direct his vehicle into
the left hand lane of Route 11 South. It is derned that tlUs was done in front of Defendant,
Charles E, Tate's tractor trailer. To the contrary, the PlaiJltifl' pulled IUs vehicle directly into
the path of Defendant's moving vehicle, causing a collision.
11. Denied. To the contrary, see the averments contained in paragraph 10.
12, It is admitted that Defendant, Charles E. Tate, did not see the Plaintiffs
vehicle begin to enter the left hand lane of Route 11 South, It is admitted, however, that the
two velUcles collided, but the collision was caused by the Plaintiff, Robert H. Allen, pulling
directly into the path and striking the front of Defendant's velUcle with the side of his vehicle.
13, It is denied that the accident was caused directly, pronmately and/or
substantially by the negligence, carelessness, recklessness and/or intentional conduct of the
Defendant, Charles E, Tate, It is further denied that he:
a. intentionally struck the Plaintiff;
b, WBS negligently mattentlve to road conditions and the Plaintiff's
velUcle thereon;
c. negligently failed to keep his vehicle under proper and adequate
control 50 us not to expose other vehicles to harm;
d. negligently traveieci too iust for the road conditions then and
there l!:Dsting;
e.
Plaintiff:
negligently drove his vehicle in disregard for the safety of the
f. negligently operated his vehicle in violation of the laws of this
Commonweaith: and
g. negligently failed to use the degree. care. caution and control
reasonably required under all the circumstances.
1-1-15, After reasonable investigation. the answenng Defendant IS without knowledge
or InformatIOn sufficient to form :I belief as to the truth or falsity of the averments contained
in these paragraphs, The averments :Ire therefore deemed denied and proof is demanded.
WHEREFORE. Defendants. :ihalfer Trucking, (nc, and Charles E. Tate. demand
Judgment in their favor and dismissal of the Plaintiffs Cum plaint with preJudice,
COUNT II . NEGLIGENCE
Robert H. Allen v. Shaffer TrnCkinll. Ine,
16. Parall1'aphs i through 15 are hereby incorporated by reference.
17, Admitted.
18. The averments of this parallTaph are a conclusion of law to which no reapol1le
Is required. To the extent that a response may be deemed required, this averment is denied.
19. Denied. To the contrary, Defendant, Shaffer Trucking, !nc" was not negligent,
careless or reckless in hiring Defendant, Charles E. Tate.
20. It is denied that Defendant, Shaifl!r Trucking, Inc., was negligent. It is further
denied that its driver, Charles E. Tate, caused the ~ollislon and damage to Plaintiff, Robert
H. Allen.
21. It is denied that Defendant, Shaffer Trucking, Inc" was negligent. To the
contrary, the accident was caused in whole or in part by the negligence, recklessness or
carelessness of the Plaintiff.
WHEREFORE, Defendants demand jud~ent in their favor and dismissal of Plaintiffs
Complaint with prejudice.
~EW :\IA'M'ER
22. The accident was caused in whole or In part by Plaintiffs comparative
negligence.
WHEREFORE. Defendants demand judgment in their favor and dismissal of Plaintiffs
Complaint with prejudice.
N. DEARDORFF, \ I LIAMS & O'M'O
By
G re , aI
Ten Eas 'gh Street
Carlisle. PA 17013
I 717 )243.3341
.\ttorneys for Defendants
Date: March 10, 1995