HomeMy WebLinkAbout98-02658
I
"S
~
~
~
\l
-.Q
~
~
~
~
\.
\~
'-.,.
,
"
"
'\
\
\
I
I
I
I
I
i
,
I
I
/
/
"
f
.il'"
,/
"
,j
'.,
-
".
';)
~
'->
u..
~
"
t-J
(~ I
().I
.
~
'.1'
j'-~
",~":.~\:,,,
" ~l'~
..) "ir",
J -,
"~-
'1,
f
L
i
~IJ
r
,f
ia
"
6, Since the Defendant's Answer was flied prior to the Release being
eKecuted by the Plaintiff, Defendant did not plead the affirmative defense of release In a
New Matter as required by Pa.R.C,P, 1030,
WHEREFORE, the Defendant, Norman M, Koch, Jr" respectfully seeks
leave of Court to amend his Answer to include the affirmative defense of release under
the heading "New Matter",
7, Paragraphs 1 through 6 above are Incorporated herein by
reference as if fully set forth at length.
8, The Release eKecuted by the Plaintiff and attached hereto and
Incorporated herein as EKhlblt "A" provides that the Defendant Is released by the
Plaintiff and forever discharged from any further liability arising from the motor vehicle
accident underlying the Instant matter and therefore no genuine Issue of any material
fact eKlsts In this case and the entry of summary judgment In favor of the Defendant
would be appropriate.
WHEREFORE, there being no genuine issue as to any material fact, the
Defendant, Norman M. Koch, Jr., respectfully requests this Honorable Court to enter
summary judgment In his favor.
Respectfully submitted,
NEA~N & GOVER ~
BY:(X~ \,/\,/....--7... C'\/'-.~-
Christopher ,Knight, Esquire
Atty, I.D, #8 058
301 Market Street -- 9th Floor
P,O. BOK 865
Harrisburg, PA 17108-0865
(717) 232-9900
,-
.'
i
:.
RELE;ASE OF ALL CLAIMS
THIS INDENTURE WITNESSETH that I. Ericka P. Campbell, In consideration of
the sum of Six Thousand Dollars, ($6,000,00), receipt whereof Is hereby acknowledged,
for myself and my heirs, personal representatives and assigns, do hereby release and
forever discharge Norman Matthew Koch, Jr" and the Allstate Insurance Company,
from any and all claims, demands, damages, costs, expenses, loss of services. actions
and causes of action, arising from any act or occurrence up to the present time and
partlcularl~' on account of all personal Injury, disability, property damage, loss or
damages of any kind already sustained or that may hereafter sustain, arising out of an
. accident which occurred on or about the 8th day of June, 1996, at approximately 9:30
p,m. on Pennsylvania State Route 34, approximately one and one-half miles south of
the BOIOUgh of Carlisle, Cumberland County, Pennsylvania,
To procure payment of the said sum, I hereby declare that I am more than 18
years of age; that no representations about the nature and extent of said injuries,
disabilities or damages made by any physician, attorney or agent of any party hereby
released, nor any representations regarding the nature and extent of legal liability or
financial responsibility of any of the parties hereby released, have induced me to make
this settlement; that In determining said sum there has been taken into consideration
not only the ascertained injuries, disabilities and damages, but also the possibility that
the Injuries sustained may be permanent and progressive and recovery therefrom
uncertain and indefinite, so that consequences not now anticipated may result from the
said accident.
I hereby agree that, as a further consideration and inducement for this
compromise settlement, this settlement shall apply to all unknown and unanticipated
injuries and damages resulting from said accident, casualty or event, as well as to
those now disclosed.
I understand that the parties released admit no liability of any sort by reason of
said accidents and that said payment and settlement in compromise is made to
terminate further controversy respecting all claims for damages that have her'3tofore
asserted or that our personal representatives might hereafter assert because of said
accidents,
1