The URL can be used to link to this page

Home My WebLink About02-5060 ALLEN L. CUPP and VERA H. CUPP, husband and wife 490 Brentwater Road Camp Hill, PA 17011 I N THE COURT OF CCM4QN PLEAS CUMBERLAND COUNTY. PENNSYL VAN I A No. 0::2 - .<:'O(.,,() c'~ll~~ Civi I Action - (X) Law I ( ) Equ i ty CORY A. BROWN and DEBRA K. FOX 510 Garriston Road York Haven, PA 17370 vers us Plaintiff(s.) & Address (es) Defendant(s) & Address(es) PRAEC I PE FOR WR I T OF Sl.M4ONs TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the 'above-captioned action. X Writ of Summons shall be issued and forwarded to (XlAttorney ( )Sheriff Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL 210 Walnut St., P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 Names/Address/ Telephon No. of Attorney ~~~,o Ignature of Attorney Supreme Court 10 No. 32147 Date: 10 11'/0 2- " t WR I T OF SU'MlNS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ACTION AGAINST YOU. Date: ("1-,J IP :Jn6J.. , "' ABOVE-NAMED PLAINTIFFCS) HAS/HAVE COMMENCED AN f?"7-b1 kl.~ Prothonotary ~ an/). 0 P. ~f?OJ'y.r-- Deputy l Check here if reverse is issued for additional information PROTHON. - 55 ~ 1 tt ~ ~ ~ -;;:; ~ V' () ~:tJ ~6'F ~ ~ ~ -or,.. 0.',1 ~_- -:':~~; Q~ c.;"" ,.--) n ~',) c 0 ,.-) ""< ~ .- Ci) :..,,.... ..> ''-i? ALLEN L. CUPP and VERA H. CUPP, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION--AT LAW CORY A. BROWN and DEBRA K. FOX, Defendants NO. 02-5060 C:Lvil Term ACCEPTANCE OF SERVICE I, the undersigned authorized agent, hereby accept service of plaintiffs' writ of summons on behalf of defendants, Cory A. Brown and Debra K. Fox. Date: /O/2~2- ~/.r E. Minner, Claims Adjuster ie Insurance Group 220 N. 2Slli Street Camp Hill, PA 17011 (Defendants' Authorized Agent) CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postaoe Prepaid Addressed as Follows: Jon E. Minner, Claims Adjuster Erie Insurance Group 220 N. 25~ Street Camp Hill, PA 17011 Dated: Ir)M~L ~~" ~ Bradford Dorrance ~ -;:j i-- . !~)l-. U; f~: ;- --'-7 ~ f'::.-.-. (--; l.,_. c:= ;''''':' ---j -~ () ;1 ~..:> :.-") -i ,..'"' c:~ --or, ':....) ':;:1 Jefferson J. Shipman, Esquire LD. *51785 GOLDBERG, KATZ~ & SHIP~, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant ALLEN L. CUPP and VERA H. CUPP, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW CORY A. BROWN and DEBRA K. FOX, NO: 2002-5060 CIVIL Defendants JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendants in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. ~- . B DATE: I~& ~i 105690.1/" '/ G ~ f r on J. Shipma , /=;.0. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on i ~& In, / I Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. '- f n, Esquire o Market Street P.O. Box 1268 Harrisburg, Pennsylvania 17108 Attorneys for Defendant 105691.1 ;1' '. '-" '.="J r:..' ~- ~'" ..... :~-1 ;"i1 f'..) -~'1 ---.l 1.1 CJ c:~ ALLEN L. CUPP and VERA H. CUPP, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CORY A. BROWN and DEBRA K. FOX, JURY TRIAL DEMANDED Defendants No. 2002-5060 CIVIL NOTICE TO DEFEND 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 (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 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 (800) 990-9108 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: 2-j; r/o y By: 6J.~ Bradford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) 5. Mr. Cupp was traveling westbound on Gettysburg Road approaching its intersection with 28th Street in Lower Allen Township, Cumberland County, Pennsylvania. 6. At the stated time and location, defendant Brown was driving defendant Fox's 1972 Chevrolet Cavalier, traveling eastbound on Gettysburg Pike. 7. Suddenly and without warning, defendant Brown attempted to make a left turn onto 28th Street without yielding the right-of-way to Mr. Cupp's vehicle. 8. Defendant Brown slammed defendant Fox's car into the front of the Cupps' Tahoe, causing damage to both vehicles which required them to be towed. 9. After the accident, Mr. Cupp complained of head and neck pain but elected not to be transported by the West Shore EMS. 10. Due to a laceration on her leg and other injuries, Mrs. Cupp was transported by EMS to Holy Spirit Hospital for overnight observation. 11. After Mrs. Cupp was discharged from Holy Spirit Hospital, she was followed by her family doctor, Peter M. Brier, M.D. 2 12. Due to her chronic and continuing pain and disability, Dr. Brier referred Mrs. Cupp to Richard J. Boal, M.D., an orthopedic surgeon, for further evaluation. 13. Dr. Boal first examined Mrs. Cupp on April 3, 2001, at which time she complained of bilateral knee pain and left hip pain. 14. Dr. Boal ordered an MRI of Mrs. Cupp's right knee which confirmed a tear of the lateral meniscus. 15. On May 11, 2001, Dr. Boal performed an arthroscopy of Mrs. Cupp's right knee, which revealed the suspected tear of her lateral meniscus. 16. Dr. Boal also performed an arthroscopic subtotal lateral miniscectomy and shaving of the medial femoral condyle. 17. Mrs. Cupp's chronic leg problems prompted additional studies by Albert W. Heck, M.D." a neurologist, and John L. Pennock, M.D., a cardiovascular surgeon. 18. Although Mrs. Cupp did reasonably well during the post-operative period, she reported continuing bilateral knee pain when she saw Dr. Boal in September of 2001. 19. After performing additional x-rays in 2002, Dr. Boal recommended a series of Synvisc injections for Mrs. Cupp. 3 20. These injections did not improve Mrs. Cupp's chronic pain and disability. Therefore, Dr. Boal's recommendation, Mrs. Cupp underwent a right total knee replacement on October 9, 2002. 21. After Mrs. Cupp's knee replacement surgery, Dr. Boal prescribed extensive physical therapy for her at Renova Center and HealthSouth Rehabilitation of Mechanicsburg. 22. In addition to the chronic pain and disability associated with her right knee, Mrs. Cupp discovered that she had discoloration in the area of the anterior aspect of her right leg, i.e., the area where she sustained her trauma at the time of the accident. 23. According to Dr. Boal, Mrs. Cupp developed some statis dermatitis; and he thereafter prescribed a long-leg TED hose for support. 24. In Dr. Baal's opinion, the skin condition and related complications were directly attributable to her automobile accident. 25. In 2003, Mrs. Cupp experienced increased pain and disability, and Dr. Boal prescribed additional physical therapy for her accident-related injuries. 4 COUNT I ALLEN AND VERA CUPP v. CORY A. BROWN 26. Plaintiffs incorporate herein by reference the allegations in paragraphs 1 through 25 above. 27. The accident was directly and proximately caused by defendant Brown's negligence, carelessness, and recklessness, including the following: (a) operating the vehicle in a careless manner and at an excessive rate of speed under the circumstances; (b) failing to maintain the vehicle under proper and adequate control so as to prevent the collision with the Cupps' vehicle; (c) failing to keep the proper look out for other vehicles, including the one in which Mr. Cupp was lawfully operating at the time of the accident; (d) operating his vehicle with no warning of approach or intended direction; (e) failing to notice the Cupps' vehicle and/or failing to yield the right of way to the vehicle; and (f) operating the vehicle in violation of the Pennsylvania Motor Vehicle Code and otherwise engaging in conduct which constitutes negligence per se and as a matter of law. 5 28. As a direct and proximate result of defendant's acts and omissions, Mrs. Cupp has suffered and will continue to suffer from permanent physical injuries, including, without limitation: bilateral knee and back pain and disability; right knee laceration and torn right lateral meniscus; right total knee replacement; statis dermatitis, varicose veins, and swelling in her lower extremities; and related consequences of such injuries. 29. As a direct and proximate result of the injuries sustained, Mrs. Cupp has suffered and/or suffers and/or may continue to suffer from physical and/or mental anguish, pain, suffering, and inconvenience, scarring and other disfigurement. 30. As a direct and proximate result of the injuries sustained, Mrs. Cupp has suffered and/or suffers and/or may continue to suffer shock and injury to the nerves and nervous system and emotional distress; and worry, anxiety, apprehension, frustration, humiliation, embarrassment, and degradation. 31. As a direct and proximate result of the injuries sustained, Mrs. Cupp has been deprived, and/or is deprived, and/or may continue to be deprived of the ordinary pleasures and enjoyment of life. 32. As a direct and proximate result of the injuries sustained, Mrs. Cupp has incurred, and/or is incurring, and/or 6 may continue to incur expenses for medical care, treatment, and surgery, medicines, physical, occupational, and rehabilitative therapy, and other related services. 33. As a direct and proximate result of defendant's negligence, Mrs. Cupp has sustained out-of-pocket expenses and other damages, including the replacement cost of her totaled motor vehicle. 34. Alternatively, defendant's acts and omissions were substantial or contributing factors in causing plaintiff's injuries, as alleged above. WHEREFORE, plaintiff, Vera H. Cupp, demands judgment against defendant, Cory A. Brown, in an amount in excess of $25,000.00 (exclusive of interest and costs), and in excess of any other amount requiring compulsory arbitration. Plaintiff requests such other relief as the court may deem appropriate. COUNT II VERA H. CUPP v. DEBRA FOX 35. Plaintiff incorporates herein by reference the allegations in paragraphs 1 through 34 above. 7 36. On information and belief, defendant Brown is the son of Defendant Fox and/or was acting as her agent and for her benefit at the time of the accident. 37. The accident was directly and proximately caused by defendant Fox's negligence, careless, and recklessness, including the following: (a) negligently entrusting the motor vehicle to defendant Brown when she knew or should have known he was intoxicated or otherwise unfit to drive the motor vehicle; (b) negligently entrusting the motor vehicle to defendant Brown when she knew or should have known he could cause damages as alleged above; and (c) such other acts or omissions as may appear during discovery or at trial. 38. As a direct and proximate result of defendant Fox's acts and omissions, Mrs. Cupp has sustained the damages averred more fully in Count I above. 39. Alternatively, defendant's acts and omissions were substantial or contributing factors in causing plaintiff's injuries, as alleged above. WHEREFORE, plaintiff, Vera H. Cupp, demands judgment against defendant, Debra Fox, in an amount in excess of 8 $25,000.00 (exclusive of interest and costs), and in excess of any other amount requiring compulsory arbitration. Plaintiff requests such other relief as the court may deem appropriate. COUNT II I ALLEN L. CUPP and VERA H. CUPP v. CORY A. BROWN and DEBRA FOX 40. Plaintiffs incorporate herein by reference the allegations in paragraphs 1 through 39 above. 41. As a direct and proximate result of defendants' acts and omissions, plaintiff, Allen L. Cupp, has sustained a loss of his wife's consortium, companionship, society, contributions, and services. 42. As a direct and proximate result of defendants' acts and omissions, Mr. Cupp has sustained other losses and damages, including the replacement cost of his motor vehicle. 43. Alternatively, defendants' acts and omissions were substantial or contributing factors in causing Mr. Cupp's injuries and damages, as alleged above. WHEREFORE, plaintiff, Allen L. Cupp, demands judgment against defendants, jointly and severally, in an amount in excess of $25,000.00 (exclusive of interest and costs), and in excess of 9 any other amount requiring compulsory arbitration. Plaintiff requests such other relief as the court may deem appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: "2-!f~~ '{ By: -A~~_ Bradford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 c:..< (Attorneys for Plaintiffs) 10 VERIFICATION We, Allen L. Cupp and Vera H. Cupp, hereby verify and state that: 1. We are the plaintiffs in the foregoing matter and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing complaint are true and correct to the best of our knowledge, information and belief. 3. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: ~//C /~y ~~ Allen L. C~ Dated: 2-//0/ D i ! 'C;~~W ~ Vera H. Cupp / . CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaoe Prepaid Addressed as Follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 329 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Defendants) Dated: 2-/ ( -=r-{ D'-( 0, 9--~__ ~ Bradford Dorrance ---.. (") ~;;; -ci::;.~ rn;' -:;l\ c;~ ~::- '"-:'. "c ).>C' :z :::.:! "'" = = J.- ~ r'l co o -n -1 ::l~ ::C.' n'r-- -0 rI1 ._iJl......... C~2:, :-:;J-"r-, ~~~?, . ::.~ <n '-, co """" :2:1: ~ N Jefferson J. Shipman, Esquire 1.0. 151785 GOLDBERG, ICll.TZMl\N , SHIPMAN, P.C. 320 Market street P. o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN L. CUPP and VERA H. CUPP, husband and wife, Plaintiffs vs. CIVIL ACTION - LAW NO: 2002.-5060 CIVIL CORY A. BROWN and DEBRA K. FOX, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs YOU ARE HEREBY notified to plead to the within New Matter of Defendants within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. B son J. Ship Esquire P. . Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants DATE: ?/I:l lei 107044.1 Ii Jefferson J. Shipman, Esquire I.D. *51785 GOLDBERG, KATZMAN & SHI~, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant ALLEN L. CUPP and VERA H. CUPP, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW NO: 2002-5060 CIVIL CORY A. BROWN and DEBRA K. FOX, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, CORY A. BROWN AND DEBRA K. FOX. TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Cora A. Brown and Debra K. Fox, by and through their attorney, Jefferson J. Shipman, and file the following Answer and New Matter to Plaintiff's Complaint: l. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4 . Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted only that Mr. Brown was making a left turn onto 28th street. The remaining averments of Paragraph 7 are denied as conclusions of law and fact. 8. Admitted in part, denied in part. It is admitted only that their was contact between the vehicles which were incurred. The remaining averments of Paragraph 7 are denied as stated. 9-25. Denied. After reasonable investigation, Mr. Brown and Ms. Fox are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9-25, which relate to the alleged injuries and medical treatment relative to Mr. and Mrs. Cupp, and the same are therefore denied and strict proof thereof demanded at the time of trial. COUNT I ALLEN AND VERA CUPP v. CORY A. BROWN 26. Mr. Brown incorporates herein by reference his answers to Paragraphs 1 through 25 above as though fully set forth herein at length. 27. Denied. The averments contained in Paragraph 27 and subparagraphs (a) through (f) are conclusions of law and fact to which no response is required. If a response is deemed to be 2 required, the averments contained therein are specifically denied. 28-34. Denied. The averments contained in Paragraphs 28 through 34 are, in part, conclusions of la.w and fact to which no response is required. After reasonable investigation, Mr. Brown is without sufficient knowledge or informa.tion to form a belief as to the truth of the remaining averments of Paragraphs 28 though 34, which relate to Mrs. Cupp's alleged injuries and damages, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Cory A. Brown, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II VERA H. CUPP v. DEBRA FOX 35. MS. Fox incorporates herein by reference the answers to Paragraphs 1 through 34 above as though fully set forth herein at length. 3 36. Denied. The averments of this paragraph are specifically denied 37. Denied. The averments contained. in Paragraph 37 and subparagraphs (al through (c) are conclusions of law and fact to which no response is required by Ms. Fox. If a response is deemed to be required, Ms. Fox specifically denies the averments contained in Paragraph 37, subparagraphs (a) through (cl. 38-39. Denied. The averments contained in Paragraphs 38 and 39 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, Ms. Fox is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraphs 38 and 39 relating to Plaintiffs' alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Debra Fox, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. 4 COUNT III ALLEN L. AND VERA H. CUPP v. CORY A. BROWN AND DEBRA FOX 40. Mr. Brown and Ms. Fox incorporate herein by reference their answers to Paragraphs 1 through 39 above as though fully set forth herein at length. 41-43. Denied. The averments contained in Paragraphs 41 through 43 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, Mr. Brown and Ms. Fox are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraphs 41 though 43, relating to Mr. Cupp's alleged injuries and damages, including alleged loss of consortium, companionship, society, contributions, and services of Mrs. Cupp and alleged property damages and any other injuries and damages and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendants, Cory A. Brown and Debra Fox, respectfully requests that jUdgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. 5 NEW MATTER By way of additional answer and reply, Defendants interpose the following New Matters: 44. This action is sUbject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~170l, ~ ~. 45. That Plaintiffs' claims may be limited or barred by the Limited Tort Option pursuant to 75 Pa. C.S.A. ~1705, et ~. 46. That if it should be found that there was any negligence on the part of the Defendants, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 47. That if the Plaintiffs suffered the injuries alleged in the Complaint, those injuries may have been caused in whole or in part by the negligence of the Plaintiffs and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 48. That the Plaintiffs may have failed to mitigate their damages. 49. That the Plaintiffs' alleged cause of action may be barred by the applicable statute of limitations. 50. That the Plaintiffs have failed to state a cause of action as to Debra Fox. 6 51. That the Plaintiffs' injuries and damages were not caused of any acts, omissions, or breaches of duty by the Defendants. WHEREFORE, the Defendants, Cory A. Brown and Debra K. Fox, respectfully requests that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. f son J ~ ~~~uire torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 107040.1 7 3- 8-04: 8:16AM;seldle management ;717 795 6767 # 3/ 3 VERIFICATION I, Cory A. Brown, hereby aCknowledge that I am a Defendant in this action, and I have read the foregoing Answer and New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (;'J^~ C" /1) ,-..M <-':~~ .L't2/L(fl~ Cory A. Brown 3- 8-04; 8:'6AM;seidle management ;717 795 6767 # 2/ 3 VERIFICATION I, Debra K. Fox, hereby aCknowledge that I am a Defendant in this action, and I have read the foregoing Answer and New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Pa. C.S. Sel:tion 4904, relating to unsworn falsification to authorities. :D..e.f../"---c-o J<". ;J::~ Debra K. Fox Date: "3" f'- 0 ~ . CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on March 12, 2004: Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal 210 Walnut street P.O. Box 11963 Harrisburg, PA 17108 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Je f on Esquire 3 Market Street P.O. Box 1268 Harrisburg, Pennsylvania 17108 Attorneys for Defendant 105691.1 n ....., <:. .., ':" ,t:..- -.,,,, ~, :-:;'J ( ., " (.) :~-! r..) -, . C) " --1 p~~~ i-....l ".1 , C) In ALLEN L. CUPP and VERA H. CUPP, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. CORY A. BROWN and DEBRA K. FOX, JURY TRIAL DEMANDED Defendants No. 2002-5060 CIVIL PLAINTIFFS' REPLY TO NEW MATTER 44. Denied. Paragraph 44 is a conclusion of law to which no responsive pleading is required. 45. Denied. Plaintiffs selected the full tort option under the Act. 46-51. Denied. Paragraphs 46 through 51 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed necessary, plaintiffs specifically deny the stated allegations and demand strict proof thereof, if relevant. KEEFER WOOD ALLEN & RAHAL, LLP Date: 3 J'1/t> '1 By: ~~~~'J~ I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for plaintiffs in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024 (c). 2. The facts contained in the foregoing reply are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. s4904, relating to unsworn falsification to authorities. Dated: -:>( l ~( () ~ ~... Q- ~- .- Bradford Dorrance . ......... . ... CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaoe preoaid Addressed as Follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 329 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Defendants) Dated: 1('1/0 Y ~_ 0 ~. - Bradford Dorrance ft - ~ . ~~?, ~'; cc.> _1;;"" Ci -n :-:} '''''J r.~ r<~ en ALLEN L. CUPP and VERA H. CUPP, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED CORY A. BROWN and DEBRA K. FOX, Defendants No. 2002-5060 CIVIL PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-captioned action against defendants with prejudice. KEEFER WOOD ALLEN & RAHAL, LLP Date: ll/~/o' By: ~~ I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaqe preoaid Addressed as Follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 329 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Defendants) Dated: t ( !'Vg!ty, ~Q~~ Bradford Dorrance ""-'C.... - o ~~ ,) 0:) rnrn :.?, .~~ ~ -'",'OJ'l'" ~i~'; ~~ ~~ ~j -" ,....., = c:::> .:.T' Z o -<: N \.0 ~ :t! fh ::D -oM; .pO ;:~l ':.-\0 :r: =+ \ 00 -?m o ---I ~ ~ -0 ::Jj; ~ c.n o