HomeMy WebLinkAbout07-1483PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
THIS IS AN ARBITRATION MATTER
ATTORNEY FOR PLAINTIFF
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE .
MECHANICSBURG, PA 17055 .
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET .
MARYSVILLE. PA 17053
NOTICE
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„ GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. o'ff' - /'V93
(210 -t C- -a n
CIVIL ACTION
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
(20) dias de plazo a partir de la fecha de la demanda y la notificacion.
Usted debe presenter una apariencia escrita o en persona o por
abogado y archivar en la corte sus defenses o sus objeciones a las
demandas encontra de su persona. Sea avisado qua si usted no se
defiende, la corte tomara medidas y puede entrar una orden contra
usted sin previo aviso o notificacion o por cualgier queja o alivio que
espedido en la peticion de demanda. Usted puede perder dinero, sus
propiedades o otros derechos importantes pare usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE
PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE .
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND .
FRANK SKIRPAN AND LISA SKIRPAN, HM
781 VALLEY STREET .
MARYSVILLE. PA 17053
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO.
CIVIL ACTION
NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT,
15 U.S.C. §1601 (AS AMENDED)
THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT
AND CONSUMER PROTECTION LAW,
73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS")
IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED
THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COMPLAINT
The Plaintiff, Erie Insurance Company, by its attorney Paul F. D'Emilio, Esquire,
bring this action upon a cause whereof the following is a statement:
1. The Plaintiff, Erie Insurance Company, ("Erie") is a Corporation authorized to do
business in the Commonwealth of Pennsylvania, having an office at 4901 Louise Drive,
Mechanicsburg, PA 17055.
Plaintiff brings this action as subrogee of Allyson Hornbaker and Stephen
Hornbaker, herein the ("Insured") under a policy of insurance # Q066903058H, issued
by Plaintiff.
2. Defendant, Melissa Juliana, is an individual residing at 781 Valley Street,
Marysville, PA 17503.
3. Defendants, Frank Skirpan and Lisa Skirpan, h/w, are individuals residing at 781
Valley Street, Marysville, PA 17053.
4. At all times hereinafter mentioned the Defendant, Melissa Juliana was the
agent, workman, servant and employee of the Defendants, Frank Skirpan and Lisa
Skirpan, h/w then and there in engaged in the business of the Defendants, Frank
Skirpan and Lisa Skirpan, h/w within the course and scope of her employment.
5. On or about July 11, 2005, a motor vehicle owned by the Defendants, Frank
Skirpan and Lisa Skirpan, h/w and operated by the Defendant, Melissa Juliana
attempted to turn left onto East Penn Drive, East Pennboro Township PA when it pulled
out in front of the Insured's vehicle causing the damages hereinafter set forth.
6. The Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the
damages as allowed by law thereto being is Twelve Thousand Four Hundred Nine
and 121100 ($12,409.12) Dollars plus the Insured's deductible of Two Hundred Fifty
and 00/100 ($250.00) Dollars plus the cost of a rental vehicle being Three Hundred
Thirty Two and 27/100 ($332.27) less salvage received of Two Thousand Two
Hundred Ninety One 00/100 ($2,291.00) Dollars for a total of Ten Thousand Seven
Hundred and 39/100 ($10,700.39) Dollars.
Count I
Erie Insurance Company v. Melissa Juliana
7. Plaintiff, Erie Insurance Company, incorporates by reference all of the
allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as
though same were herein and set forth at length.
8. The said occurrence was due solely to the negligence of the Defendant, Melissa
Juliana, in that she:
a. did fail to have the motor vehicle under proper and adequate control;
2
b. did operate the motor vehicle at an excessive rate of speed;
C. did fail to apply the brakes in time to avoid the collision;
d. did negligently apply the brakes;
e. did fail to operate the vehicle in accordance with existing conditions;
f. did fail to drive at a speed and in the manner that would allow her to stop
within the assured clear distance ahead;
g. did fail to keep a reasonable lookout for other vehicles lawfully on the
road;
h. did operate the motor vehicle without due regard for the rights, safety and
position of the Insured at the point of aforesaid;
i. failed to yield the right-of-way to the Insured;
j. did operate the vehicle without Insurance;
k. did fail to maintain financial responsibility; and
1. did violate the various statutes and laws of the Commonwealth of
Pennsylvania and County of Cumberland and Section 3322 of the Motor Vehicle Code,
pertaining to the operation of motor vehicles
Count II
Erie Insurance Company v. Frank Skirpan and Lisa Skirpan, h/w
9. Plaintiff, Erie Insurance Company, incorporates by reference all of the
allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as
though same were herein and set forth at length.
10. The said occurrence was do to the negligence of the Defendants, Frank Skirpan
and Lisa Skirpan, h/w, in that they:
a. negligently entrust their vehicle to another operator for use when they
knew, or with a reasonable exercise of due care should have known, that the operator
was not capable of operating the motor vehicle properly;
b. negligently entrust their motor vehicle to a person which they knew, or in
3
the exercise of reasonable care should have known, was an incompetent driver;
C. negligently entrust their motor vehicle to a person known, should have
known or in the exercise of reasonable care would have known, was going to drive the
vehicle in an improper, dangerous or reckless manner;
d. negligently entrust their motor vehicle to another person who they knew,
should have known or in the exercise of due care would have known would cause
damages to another; and
f. negligently entrust their motor vehicle to a person who did not maintain
financial responsibility as required by the laws of the Commonwealth of Pennsylvania.
WHEREFORE, Plaintiff demands judgment against the Defendants upon each
count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars
together with costs of suit.
AUL F. D'EMILIO, ESQUIRE
ATTORNEY FOR PLAINTIFF
4
VERIFICATION
Deb Jacobs, Subrogation Representative with Erie insurance Company in the above
captioned matter verifies that the facts contained in the foregoing Complaint are true
and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
DATE. t2'.07-S - &17
Representative
W and A Case: 533939 Appended on 2/1612007 Page 5 of 5
Q ?
4?
It-
'Tf
z
NOTICE TO PLEAD
You are hereby notified to file a written
response to the enclosed Defendant's
Answer and New Matter within twenty
(20) days from service hereof or a
judgment may be entered against you.
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susguehanna0zomcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY IN THE COURT OF COMMON
AS SUBROGEE OF ALLYSON HORNBAKER PLEAS, CUMBERLAND COUNTY
AND STEPHEN HORNBAKER PENNSYLVANIA
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
NO. 07-1483 CIVIL TERM
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET A CIVIL ACTION
MARYSVILLE, PA 17053
DEFENDANTS' ANSWER, COUNTERCLAIM
AND NEW MATTER
AND NOW COME Defendants, Melissa Juliana, Frank Skirpan and Lisa Skirpan, by and
through their attorneys, the Law Offices of Robert S. Mirin, and files this Answer, and in support
thereof aver as follows:
I . Defendants are without sufficient information or belief to plead responsively to the
averments of Paragraph 1 of Plaintiff's Complaint. Wherefore, strict proof thereof is demanded
at trial.
2. Admitted.
3. Admitted.
4. Denied. At no time has Defendant Melissa Juliana been the agent, workman, servant or
employee of Defendants Frank Skirpan and Lisa Skirpan, h/w. By way of further response, at no
point in time has Defendant Lisa Skirpan been engaged in the business of Dr. Frank Skirpan.
5. Denied as stated. Wherefore, strict proof thereof is demanded at trial.
6. Defendants are without sufficient information or belief to plead responsively to the
averments of Paragraph 6 of Plaintiff's Complaint. Wherefore, strict proof thereof is demanded
at trial.
Count I
Erie Insurance Company v. Melissa Juliana
7. Defendants incorporate by reference all of the averments and responses contained in
Paragraphs 1 through 6 of their response to the Complaint as set forth fully and at length.
8. Denied. It is specifically denied that the negligence of Melissa Juliana at any point
caused the collision/accident on July 11, 2005 to occur.
a. Denied. It is specifically denied that Defendant failed to have the motor vehicle
under proper and adequate control;
b. Denied. It is specifically denied that Defendant operated the motor vehicle at an
excessive rate of speed;
C. Denied. It is specifically denied that Defendant failed to apply the brakes in time
to avoid the collision;
2
d. Denied. It is specifically denied that Defendant negligently applied the brakes;
e. Denied. It is specifically denied that Defendant failed to operate the vehicle in
accordance with existing conditions;
f. Denied. It is specifically denied that Defendant failed to drive at a speed and in
the manner that would allow her to stop within the assured clear distance ahead;
g. Denied. It is specifically denied that Defendant failed to keep a reasonable
lookout for other vehicles lawfully on the road;
h. Denied. It is specifically denied that Defendant operated the motor vehicle
without due regard for the rights, safety and position of the Insured at the point of aforesaid;
i. Denied. It is specifically denied that Defendant failed to yield the right-of-way to
the Insured;
j. Denied. It is specifically denied that Defendant intentionally operated the vehicle
without insurance.
k. Denied. It is specifically denied that Defendant intentionally failed to maintain
financial responsibility; and
1. Denied. It is specifically denied that Defendant violated the various statutes and
laws of the Commonwealth of Pennsylvania and the County of Cumberland and Section 3322 of
the Motor Vehicle Code, pertaining to the operation of motor vehicles.
Count II
Erie Insurance Company v. Frank Skirpan and Lisa Skirpan, h/w
9. Defendants incorporate by reference all of the averments and responses contained in
Paragraphs 1 through 8 of their response to the Complaint as set forth fully and at length.
10. Denied. It is specifically denied that Defendants:
3
a. negligently entrusted their vehicle to another operator for use when they knew, or
with a reasonable exercise of due care should have known, that the operator was not capable of
operating the motor vehicle properly;
b. negligently entrusted their motor vehicle to a person which they knew, or in the
exercise of reasonable care should have known, was an incompetent driver;
negligently entrusted their motor vehicle to a person known, should have known
or in the exercise of reasonable care would have known, was going to drive the vehicle in an
improper, dangerous or reckless manner;
d. negligently entrusted their motor vehicle to another person who they knew, should
have known or in the exercise of due care would have known would cause damages to another;
and
f. negligently entrusted their motor vehicle to a person who did not maintain
financial responsibility as required by the laws of the Commonwealth of Pennsylvania.
WHEREFORE, Defendants demand judgment and dismissal of Plaintiff's Complaint.
DEFENDANTS' COUNTERCLAIM
AND NEW MATTER
AND NOW COME Defendants/Counter Plaintiffs Melissa Juliana, Frank Skirpan and
Lisa Skirpan h/w, 718 Valley Street, Marysville, Cumberland County, Pennsylvania 17053, and
hereby lodge this Counterclaim and New Matter against Plaintiffs/Counter Defendants Allyson
Hornbaker and Stephen Hornbaker, 4901 Louise Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055, and in support thereof aver as follows:
1 a. Defendants/Counter Plaintiffs Frank Skirpan and Lisa Skirpan are husband and wife
residing at 718 Valley Street, Marysville, Cumberland County, Pennsylvania 17053.
4
lb. Defendant/Counterclaim Plaintiff Melissa Juliana is, and at all times material herein was,
an adult individual and daughter of Lisa Skirpan residing at 718 Valley Street, Marysville,
Cumberland County, Pennsylvania 17053.
2. Defendants/Counterclaim Plaintiffs bring this action against Allyson Hornbaker and
Steven Hornbaker in connection with an automobile accident which occurred on July 11, 2005.
Allyson Hornbaker and Steven Hornbaker are the owners of a motor vehicle involved in a
motor vehicle accident which occurred on July 11, 2005 involving a vehicle owned by
Defendants/Counterclaim Plaintiffs Frank Skirpan and Lisa Skirpan and operated by
Defendant/Counterclaim Plaintiff Melissa Juliana at that time.
4. On or about July 11, 2005, the motor vehicle owned by Plaintiffs/Counterclaim
Defendants Allyson Hornbaker and Stephen Hornbaker of Mechanicsburg, Pennsylvania, was
being operated by Allyson Hornbaker and was proceeding at an excessive rate of speed and
collided with the vehicle being operated by Defendant/Counter Plaintiff Melissa Juliana as she
was making a lawful left turn onto East Penn Drive, East Pennsboro Township, Pennsylvania.
5. The Skirpan's vehicle, a 1978 Chrysler Fifth Avenue of low mileage, was a total loss and
Plaintiff/Counter Defendant is liable to Defendant/Counter Plaintiff for damages allowed by law
and to bear the cost of the vehicle, less salvage.
COUNTI
Melissa Juliana, Frank Skirpan and Lisa Skirpan h/w
v. Allyson Hornbaker and Stephen Hornbaker
6. Defendants/Counterclaim Plaintiffs in Counterclaim hereby incorporate by reference all
of the averments and responses contained in Paragraphs 1 through 5 inclusive of this New Matter
and Counterclaim as set forth fully and at length herein.
Said occurrence was due solely to the negligence of Allyson Hornbaker, in that she:
a. did fail to have the motor vehicle under proper and adequate control;
b. did operate the motor vehicle at an excessive rate of speed;
C. did fail to apply the brakes in time to avoid the collision;
d. did negligently apply the brakes;
e. did fail to operate the vehicle in accordance with existing conditions;
f, did fail to drive at a speed and in the manner that would allow her to stop within
the assured clear distance ahead;
g. did fail to keep a reasonable lookout for other vehicles lawfully on the road; and
h. did operate the motor vehicle without due regard for the rights, safety and position
of the Defendant/Counter Plaintiff at the point of aforesaid.
WHEREFORE, Defendants/Counter Plaintiffs demand judgment against
Plaintiffs/Counter Defendants upon each of the counts in the Counterclaim in an amount not in
excess of Thirty Five Thousand and 00/100 ($35,000.00) together with costs of suit.
Respectfully Submitted,
THE LAW
CES OF ROBERT S. MIRIN
Robert S. Mirin,
Attorney for Del
Da
Plaintiffs
6
VERIFICATION
I, Melissa Juliana, verify that the statements made in the foregoing Answer, Counterclaim
and New Matter are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date
VERIFICATION
I, Lisa Skirpan, verify that the statements made in the foregoing Answer, Counterclaim
and New Matter are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
'i IV -7 /1- , Ic-
Date Lisa Skirpan
VERIFICATION
I, Frank Skirpan, verify that the statements made in the foregoing Answer, Counterclaim
and New Matter are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
a e an
7
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET A CIVIL ACTION
MARYSVILLE, PA 17053
CERTIFICATE OF SERVICE
I, Amanda L. Emerson, Paralegal at the Law Offices of Robert S. Mirin, do hereby certify that on
this, the day of April, 2007, I served a true and correct copy of the foregoing Answer,
New Matter and Counterclaims upon the following individual by way of first class mail, postage
prepaid:
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, PA 19064
p
Ll '/C?
Dat
N lrv??g
da L. Emerson
:-- ?? -n
:? ? ?
- ' .-i
-? •-n
?'
S -r„
'a. ?-;?
? ?
_,_, ...
_ . ?.
`_ ? -;?"?
.:
? ?=
' r-?
i?
l _
C..?
,??.
_.... _?
` " G3 ?
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA .
718 VALLEY STREET .
MARYSVILLE, PA 17053
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
AND .
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET CIVIL ACTION
MARYSVILLE. PA 17053
PRELIMINARY OBJECTIONS TO THE DEFENDANTS' COUNTERCLAIM
The counterclaim names Allyson Hornbaker and Stephen Hornbaker as
Defendants to this action. Allyson Hornbaker and Stephen Hornbaker are not parties
to this action. The said counterclaim violates Rule 1028 of the Pennsylvania Rules of
Civil Procedure in that:
(a) The Court lacks jurisdiction over Allyson Hornbaker and Stephen
Hornbaker because they are not parties to the original action, and they
are not properly joined as parties to the original action; and
(b) Allyson Hornbaker and Steven Hornbaker are not the Plaintiff in the
original action and, therefore, no counterclaim can be raised against them.
1
Erie Insurance Company is the Plaintiff in the original action.
(c) The Defendants lack capacity to sue Allyson Hornbaker and Stephen
Hornbaker because they are not parties to the original action.
WHEREFORE, Plaintiff respectfully requests your Honorable Court dismiss the
counterclaim.
Respectfully submitted,
aj???
Paul F. D'Emilio, Esquire
Attorney for Plaintiff
2
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY COMMON PLEAS COURT OF
AS SUBROGEE OF ALLYSON HORNBAKER : CUMBERLAND COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
NO. 07-1483
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, HfW :
781 VALLEY STREET CIVIL ACTION
MARYSVILLE, PA 17053
CERTIFICATE OF SERVICE
I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of
Preliminary Objections to the Defendants' Counterclaim in the above-entitled matter
has been served upon the following person on the 16th day of April, 2007 by first-class
U.S. Mail, postage prepaid:
Robert S. Mirin, Esquire
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
- J WK?l
Paul F. D'Emilio, Esquire
Attorney for Plaintiff
r.3
`' 0 1:
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
Erie Insurance Company as
Subrogee of Allyson Hornbaker and Stephen Hornbaker
(Plaintiff)
VS.
Melissa Juliana
and
Frank Skirpan and Lisa Skirpan, H/W
(Defendant)
No. 07-1483 Term
1. State matter to be argued (ie., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Preliminary Objections to nAfPndanr1.q Counterclaim
2. Identify counsel who will argue cases:
(a) for plaintiff:
Paul F. D'Emilio, Esq. _L
(Name and Address)
905-W.-Sproul Road, Suite 105, Springfjpld, PA 19064
(b) for defendant:
Robert S. Mirint Esq.
(Name and Address)
2515 North Front Street, Harrisburg, PA 17110
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
-5- _ U G 7 Plaintif f
Date. V Attorney for
Paul.-b n=Emilio, Esquire
Print your name
C-1
?' art
a
'? c3'? -.mac.
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY COMMON PLEAS COURT OF
AS SUBROGEE OF ALLYSON HORNBAKER : CUMBERLAND COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
NO. 07-1483
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W :
781 VALLEY STREET CIVIL ACTION
MARYSVILLE, PA 17053
PRAECIPE TO LIST
Please place Plaintiff's Preliminary Objections to Defendant's Counterclaim in
the above-captioned matter on the oral argument list for the next argument court
session.
17 a J A?1__
aul F. D'Emilio, Esquire
Attorney for Plaintiff
1
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ATTORNEY FOR PLAINTIFF
ERIE INSURANCE COMPANY COMMON PLEAS COURT OF
AS SUBROGEE OF ALLYSON HORNBAKER : CUMBERLAND COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
NO. 07-1483
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W :
781 VALLEY STREET CIVIL ACTION
MARYSVILLE. PA 17053
CERTIFICATION OF SERVICE
I, PAUL F. D'EMILIO, ESQUIRE, attorney for Plaintiff, do hereby certify that a
true and correct copy of Plaintiff's Praecipe to List Preliminary Objections to
Defendant's Counterclaim was mailed on May, 2007 to the following parties by first
class mail, postage prepaid at the address listed below:
Robert S. Mirin, Esquire
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
aul F. D'Emilio, Esquire
Attorney for Plaintiff
2
C J C
C?
_,,, -ra f*,
t . a
C-n fa3
I
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
suscILiehanna(ci).comcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY IN THE COURT OF
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER PLEAS, CUMBERLAND
COUNTY
AND STEPHEN HORNBAKER PENNSYLVANIA
4901 LOUISE DRIVE
MFCHANICSBURG, PA 17055
VS. NO. 07-1483 CIVIL TERM
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET A CIVIL ACTION
MARYSVILLE, PA 17053
DEFENDANTS' MOTION TO AMEND ANSWER
Defendants, through Counsel, hereby requests leave of court to amend their
Answer, and in support thereof submit the following:
1. Plaintiff in above case filed a Complaint on Defendants on March 21,
2007.
2. Defendants through Counsel timely answered with an Answer,
Counterclaim and New Matter on April 9, 2007.
3. Plaintiff responded to Defendants' Answer, Counterclaim and New Matter
via Preliminary Objections filed April 18, 2007, with an appropriate Certificate of
Service attached.
4. Notwithstanding the above, Defendants' Counsel on May 14, 2007
communicated to Plaintiff's Counsel that he was not in receipt of the Preliminary
Objections, a copy of said Preliminary Objections was sent via fax to Defendants'
Counsel on that day.
5. On May 24, 2007 Defendants' Counsel spoke with Plaintiff's Counsel, at
which time the time period for which a response to the preliminary objections was
extended to June 1, 2007, inconsideration of the holiday schedule.
6. After consideration of Plaintiff's responses and the need to fully respond
to the complaint, Defendants' Counsel herewith files an Amended Answer and New
Matter.
7. In accord with Cumberland County Local Rule 208.3(a)(2), Civil 96-1335,
dated February 27, 2007, Defendants' Counsel verifies that no judge has issued a ruling
on any matters as to the above captioned case.
8. Defendants' Counsel has communicated with and sent a copy of the
foregoing motion and all accompanying documents to opposing (Plaintiff's) Counsel and,
in accord with Cumberland County Local Rule 208.2(d), a copy of said documents are
enclosed with this filing.
WHEREFORE, Defendants through Counsel request leave of Court to file an
Amended Answer and New Matter in the above captioned matter.
Respectfully Submitted,
THE L9t"FFJ-CFS 04) ROBERT S. MIRIN
Robert S. Mirin, Esquire
Attorney for Defendants
Dat
h _,)
? _.
l._.?
_. ??
r {
;i»-.
?A, C
l
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
Susquehanna ci>comcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER
COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
71 S VALLEY STREET
MARYSVILLE, PA 17053
IN THE COURT OF
PLEAS, CUMBERLAND
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
A CIVIL ACTION
CERTIFICATE OF CONCURRENCE OF OPPOSING COUNSEL
WITH DEFENDANTS' MOTION TO AMEND ANSWER IN
ACCORD WITH LOCAL RULE 208.2(d)
Defendants, through Counsel, hereby submit this Certificate of Concurrence with
Defendants' Motion to Amend Answer, and submit as follows:
I. Plaintiff in above case filed a Complaint on Defendants on March 21,
2007.
h
2. Defendants through Counsel timely answered with an Answer,
Counterclaim and New Matter on April 9, 2007.
3. Plaintiff responded to Defendants' Answer, Counterclaim and New Matter
via Preliminary Objections filed April 18, 2007, with an appropriate Certificate of
Service attached.
4. Notwithstanding the above, Defendants' Counsel on May 14, 2007
col»nlunicated to Plaintiff's Counsel that he was not in receipt of the Preliminary
Objections, a copy of said Preliminary Objections was sent via fax to Defendants'
Counsel on that day.
5. On May 24, 2007 Defendants' Counsel spoke with Plaintiff's Counsel, at
which time the time period for which a response to the preliminary objections was
extended to June 1, 2007, in consideration of the holiday schedule.
6. Plaintiff's counsel was not present for consultation due to out of office
commitments on June 1, 2007, as to concurrence with this motion; however, on June 4,
2007, Plaintiff's Counsel gave his concurrence to the filing of these documents.
7. After consideration of Plaintiff's Preliminary Objections, Defendants' file
hereNvith an Amended Answer and New Matter as the more appropriate and complete
vehicle to respond to the Complaint and Preliminary Objections as a whole.
Respectfully Submitted,
so
D
THE L tic F O ERT S. MIRIN
Robert S. Mirin, Esquire
Attorney for Defendants
w ,
?:? ,,?
____ _.?
?'
4 F, .
f
i ?
NOTICE TO PLEAD
You are hereby notified to file a written
response to the enclosed Defendant's
Answer and New Matter within twenty
(20) days from service hereof or a
judgment may be entered against you.
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehanna ,?,comcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
A CIVIL ACTION
DEFENDANTS' AMENDED ANSWER AND NEW MATTER
AND NOW COME Defendants, Melissa Juliana, Frank Skirpan and Lisa Skirpan, by and
through their attorneys, the Law Offices of Robert S. Mirin, and file this Amended Answer and
New Matter, and in support thereof aver as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. At no time has Defendant Melissa Juliana been the agent, workman, servant or
employee of Defendants Frank Skirpan and Lisa Skirpan, h/w. By way of further response, at no
point in time has Defendant Lisa Skirpan been engaged in the business of Dr. Frank Skirpan.
5. Denied as stated. Wherefore, strict proof thereof is demanded at trial.
6. Defendants are without sufficient information or belief to plead responsively to the
averments of Paragraph 6 of Plaintiff's Complaint. Wherefore, strict proof thereof is demanded
at trial.
Count I
Erie Insurance Company v. Melissa Juliana
7. Defendants incorporate by reference all of the averments and responses contained in
Paragraphs 1 through 6 of their response to the Complaint as set forth fully and at length.
S. Denied. It is specifically denied that the negligence of Melissa Juliana at any point
caused the collision/accident on July 11, 2005 to occur.
a. Denied. It is specifically denied that Defendant failed to have the motor vehicle
under proper and adequate control;
b. Denied. It is specifically denied that Defendant operated the motor vehicle at an
excessive rate of speed;
C. Denied. It is specifically denied that Defendant failed to apply the brakes in time
to avoid the collision;
d. Denied. It is specifically denied that Defendant negligently applied the brakes;
e. Denied. It is specifically denied that Defendant failed to operate the vehicle in
accordance with existing conditions;
2
f. Denied. It is specifically denied that Defendant failed to drive at a speed and in
the manner that would allow her to stop within the assured clear distance ahead;
g. Denied. It is specifically denied that Defendant failed to keep a reasonable
lookout for other vehicles lawfully on the road;
h. Denied. It is specifically denied that Defendant operated the motor vehicle
without due regard for the rights, safety and position of the Insured at the point of aforesaid;
i. Denied. It is specifically denied that Defendant failed to yield the right-of-way to
the Insured;
J. Denied. It is specifically denied that Defendant intentionally operated the vehicle
without insurance.
k. Denied. It is specifically denied that Defendant intentionally failed to maintain
financial responsibility; and
1. Denied. It is specifically denied that Defendant violated the various statutes and
laws of the Commonwealth of Pennsylvania and the County of Cumberland and Section 3322 of
the Motor Vehicle Code, pertaining to the operation of motor vehicles.
Count II
Erie Insurance Company v. Frank Skirpan and Lisa Skirpan, h/w
9. Defendants incorporate by reference all of the averments and responses contained in
Paragraphs I through 8 of their response to the Complaint as set forth fully and at length.
10. Denied. It is specifically denied that Defendants:
a. negligently entrusted their vehicle to another operator for use when they knew, or
with a reasonable exercise of due care should have known, that the operator was not capable of
operating the motor vehicle properly. Rather, Melissa Juliana exhibited no objective behavior
known to Frank Skirpan and Lisa Skirpan whereby they knew, or in the reasonable exercise of
3
due care should have known, that the operator Melissa Juliana was not capable of operating the
motor vehicle properly;
b. negligently entrusted their motor vehicle to a person which they knew, or in the
exercise of reasonable care should have known, was an incompetent driver. Rather, Frank
Skirpan and Lisa Skirpan were not aware by objective evidence whereby they knew, or in the
reasonable exercise of due care should have known, that the operator Melissa Juliana was an
incompetent driver. Strict proof thereof is demanded at trial;
C. negligently entrusted their motor vehicle to a person known, should have known
or in the exercise of reasonable care would have known, was going to drive the vehicle in an
improper, dangerous or reckless manner. Rather, Frank Skirpan and Lisa Skirpan were not
aware by objective evidence whereby they knew, or in the reasonable exercise of due care should
have known, that the operator Melissa Juliana was going to drive the vehicle in an improper,
dangerous or reckless manner. Strict proof thereof is demanded at trial;
d. negligently entrusted their motor vehicle to another person who they knew, should
have known or in the exercise of due care would have known would cause damages to another.
Rather, Frank Skirpan and Lisa Skirpan were not aware by objective evidence whereby they
knew, or in the reasonable exercise of due care should have known, that the operator Melissa
Juliana would cause damages to another. Strict proof thereof is demanded at trial;
e [fl. negligently entrusted their motor vehicle to a person who did not maintain
financial responsibility as required by the laws of the Commonwealth of Pennsylvania. Rather,
Frank Skirpan and Lisa Skirpan were not aware by objective evidence whereby they knew, or in
the reasonable exercise of due care should have known, that the operator Melissa Juliana did not
4
maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania.
Strict proof thereof is demanded at trial.
WHEREFORE, Defendants demand judgment and dismissal of Plaintiff's Complaint.
NEW MATTER
11. Defendants incorporate by reference each and every preceding paragraph as though set at
length.
12. Plaintiff's claims are barred by the doctrine of accord and satisfaction.
13. Plaintiff's claims are barred by the doctrine of consent.
14. Plaintiff's claims are barred by the doctrine of discharge in bankruptcy.
15. Plaintiff's claims are barred by the doctrine of duress.
16. Plaintiff's claims are barred by the doctrine of estoppel.
17. Plaintiffs claims are barred by the doctrine of failure of consideration.
18. Plaintiff s claims are barred by the doctrine of fraud.
19. Plaintiffs claims are barred by the doctrine of illegality.
20. Plaintiff s claims are barred by the doctrine of justification.
21. Plaintiff's claims are barred by the doctrine of laches.
22. Plaintiff s claims are barred by the doctrine of license.
23. Plaintiff s claims are barred by the doctrine of payment.
24. Plaintiff s claims are barred by the doctrine of privilege.
25. Plaintiff s claims are barred by the doctrine of release.
26. Plaintiff's claims are barred by the doctrine of truth and waiver.
27. Plaintiffs claims are barred by the doctrine of unclean hands.
5
28. Allyson Hornbaker and Steven Hornbaker, 4901 Louise Drive, Mechanicsburg,
Cumberland County, Harrisburg 17055 are the owners of a motor vehicle involved in a motor
vehicle accident which occurred on July 11, 2005 with Defendant Melissa Skirpan.
29. Plaintiff believes and therefore avers that the traffic signal incident to this accident was
defective and caused Defendant Melissa Juliana to proceed in a manner which resulted in a
collision between Allyson Hornbaker and Stephen Hornbaker, subrogees of Plaintiff Erie
Insurance Company.
30. Plaintiff believes and therefore avers that said occurrence was due solely to the
negligence of Allyson Hornbaker, in that she:
a. failed to have the motor vehicle under proper and adequate control;
b. operated the motor vehicle a an excessive rate of speed;
C. negligently failed to apply the brakes in time to avoid the collision;
d. applied the brakes negligently;
e. failed to operate the vehicle in accord with existing conditions;
f. failed to drive at a speed and in the manner that would allow her to stop within the
assured clear distance ahead;
g. failed to keep a reasonable lookout for other vehicles lawfully on the road; and
h. operated the vehicle without due regard for the rights, safety and position of the
Defendant upon the roadway
31. Defendants believe and therefore aver that Allyson Hornbaker and/or Stephen Hornbaker
were contributorily negligent as to the subject auto accident.
32. Defendants believe and therefore aver that Allyson Hornbaker and/or Stephen Hornbaker
were comparatively negligent as to the subject auto accident.
6
6 /0,5 v
Da/
THE LAW OFFICES OF ROBERT S. MIRIN
Robert S. Mirin, Esquire
Attorney for Defendants
VERIFICATION
I, Lisa Skirpan, verify that the statements made in the foregoing Answer and New Matter
are true and correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
?- T -2 /d -7
Date
Y2 ?---
Lisa Skirpan
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susc uehanna(c?.comcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY IN THE COURT OF
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER PLEAS, CUMBERLAND
COUNTY
AND STEPHEN HORNBAKER PENNSYLVANIA
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS. NO. 07-1483 CIVIL TERM
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKI PAN, H/W
781 VALLEY STREET A CIVIL ACTION
MARYSVILLE, PA 17053
CERTIFICATE OF SERVICE
I, Laurence R. Wachs, Esquire, of the Law Offices of Robert S. Mirin, hereby
certify that I have served the person below in accord with the rules of civil procedure
with Defendants' Amended Answer and New Matter as noted.
Respectfully Submitted,
THE LAW OFFICES OF ROBERT S. MIRIN
Laurence R. Wachs, Esquire
Date
Distribution:
VIA FIRST CLASS MAIL
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
C}
v
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehanna@komcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER
COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
IN THE COURT OF
PLEAS, CUMBERLAND
PENNSYLVANIA
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
NO. 07-1483 CIVIL TERM
A CIVIL ACTION
DEFENDANTS' ANSWER TO PLAINTIFF'S PRELIMINARY OBJECTIONS
AND NOW come Defendants through Counsel, Robert S. Mirin, Esquire, and
respond via Answer to Plaintiff Erie Insurance Counsel's Preliminary Objections
received May 14, 2007, as follows:
I. Defendants received Plaintiff's Preliminary Objections on May 14,
2007.
Without concurring or denying statements as set forth in Plaintiff's
Preliminary Objections, Defendants respond to Plaintiff's Complaint and Preliminary
Objections to Defendants' Answer by filing an Amended Answer and New Matter.
3. The proposed Amended Answer and New Matter, as well as
accompanying documents, are enclosed.
G vs D ?-
Date
Robert S. Mirin, Esquire
Attorney for Defendants
Respectfully Submitted,
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehannaLaD,comca st.net
Attorney for Defendants
ERIE INSURANCE COMPANY
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER
COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
IN THE COURT OF
PLEAS, CUMBERLAND
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
A CIVIL ACTION
CERTIFICATE OF SERVICE
I, Laurence R. Wachs, Esquire, of the Law Offices of Robert S. Mirin, hereby
certify that I have served the person below in accord with the rules of civil procedure
with Defendants' Answer to Plaintiff's Preliminary Objections as noted.
0
Respectfully Submitted,
THE LAW OFFICESBERT S. MIRIN
//?-' - d 7 Lauren. Wachs, Esquire
Date /
Distribution:
VIA FIRST CLASS MAIL
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
-TI
c t?}f=
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-01483 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ERIE INSURANCE COMPANY
VS
JULIANA MELISSA 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:
JULIANA MELISSA
but was unable to locate Her
deputized the sheriff of PERRY
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March 28th , 2007 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answer
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R' Thomas
Dep Perry County 64.40 Sheriff of Cumberland County
Postage 2.31
103.71 3 fa 9?d J Q,,
03/28/2007
PAUL D'EMILIO
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-01483 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ERIE INSURANCE COMPANY
VS
JULIANA MELISSA 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:
!l T- T T T?TI ATTl
but was unable to locate Him
deputized the sheriff of PERRY
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On March 28th , 2007 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So ans
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas K e
.00 Sheriff of erland County
.00
16. 0 0 ,/ 3/a a Job 9v-03/28/2007
PAUL D'EMILIO
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-01483 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ERIE INSURANCE COMPANY
VS
JULIANA MELISSA 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
SKIRPAN LISA
but was unable to locate Her
deputized the sheriff of PERRY
to wit:
in his bailiwick. He therefore
serve the within COMPLAINT a NOTICE
County, Pennsylvania, to
On March 28th , 2007 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answ ??-
Docketing 6.00
Out of County .00
Surcharge 10.00 Thomas Kl' e
.00 Sheriff of Cumberland County
.00
16.00 ?/ 31?g/d7
03/28/2007
PAUL D'EMILIO
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
• Erie Insurance Canpany
VS.
Melissa Juliana et al
SERVE: Melissa Juliana No. 07-1483 civil
Now, March 20, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
0 .?-
Sheriff of Cumberland County, PA
Affidavit of Service
Now, March 22, , 20 0-7 , at 11 :11 o'clock A M. served the
within Notice & Complaint
upon Melissa Juliana
at 781 Valley St. Marysville, PA 17053
by handing to Melissa Julian, Defendant
a True &Attested copy of the original Notice & Complaint
and made known to
Her
So answers,
the contents thereof.
Aaron D. Richards
Deputy Sheriff of Perry County, PA
Sworn and subscribed efor
me this=22nd day of tr , 20 Zy?
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
MARGARET F. FLICKINGER, NOTARY PUBLIC
BLOOMFIELD BORO., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16, 2008
Iii The Court of Common Pleas of Cumberland County, Pennsylvania
• Erie Insurance Company
VS.
Melissa Juliana et al
SERVE: Frank Skirpan No. 07-1483 civil
Now, March 20, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
March 22,
Notice 7 Complaint
20 07 , at 1 1 :1 o'clock A M. served the
upon Frank Skirpan
at 781 Valley St. Marysville, PA 17053
by handing to
Melissa Juliana, Def. Daughter
a True & Attested
and made known to
Her
the contents thereof.
So answers,
Aaron D. Richards
ZIA. h - AZL.&
Deputy Sheriff of Perry County, PA
Sworn and subscribed before
me this?Qtid day of It r C? , 20 or?
copy of the original Notice & Complaint
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
MARGARET F. FLICKINGER, NOTARY PUBUC
BLOOMFIELD BORO., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16, 2008
. .,
In The Court of Common Pleas of Cumberland County, Pennsylvania
Erie Insurance Company
Vs.
Melissa Juliana et al
SERVE: Lisa Skirpan
Sheriff of Cumberland County, PA
Now, March 20, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Affidavit of Service
Now, March 22, .20 0 S , at 11 :11 o'clock A M. served the
within Notice & Complaint
upon Lisa Skirpan
at 781 Valley Rd. Marysville, PA 17053
by handing to Melissa Juliana, Def. Daughter
a True & Attested
and made known to
copy of the originalNotice & Complaint
No. 07-1483 civil
the contents thereof.
So answers,
Aaron D. Richards
Deputy Sheriff of Perry County, PA
Sworn and subscribed before
me thisJJrJ day of , cl , 20 07
NOTARIAL SEAL
GARET E. FLICKINGER, NOTARY PUBLIC
BLOOMFIELD BORO., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16, 2008
Her
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
ERIE INSURANCE COMPANY, :
AS SUBROGEE OF ALLYSON
HORNBAKER AND STEPHEN
HORNBAKER,
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055,
Plaintiff
V.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053,
Defendant
and
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FRANK SKIRPAN AND LISA
SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053,
Defendant NO. 07-1483 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of June, 2007, upon consideration of Defendants'
Motion To Amend Answer, a Rule is hereby issued upon Plaintiff, to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Lt-
(D
N U
Paul F. D'Emilio, Esq.
905 W. Sproul Road
Suite 105
Springfield, PA 19064
Attorney for Plaintiff
Robert S. Mirin, Esq.
2515 North Front Street
Harrisburg, PA 17110
Attorney for Defendants
:rc
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
VS. .
MELISSA JULIANA
AND .
FRANK SKIRPAN AND LISA SKIRPAN, HtW
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
CIVIL ACTION
REPLY TO NEW MATTER
The Plaintiff, Erie Insurance Company, by its attorney, Paul F. D'Emilio, Esquire,
replies to the New Matter of the Defendants in the above-captioned matter and sets
forth as follows:
11. Plaintiff incorporates by reference the allegations of the Complaint in
paragraphs 1 through 10 inclusive as fully as though the same where herein set forth at
length.
12-27. Denied. The allegations are conclusions of law to which no responsive
pleading is required by the Pennsylvania Rules of Civil Procedure. Furthermore, the
allegations contain conclusions of fact and the material facts upon which they are
based are not pleaded with particularity as required by the Pennsylvania Rules of Civil
Procedure.
28. Denied. Plaintiff is without any information sufficient to form a belief as to
the allegation and strict proof thereof is demanded at trial if relevant to the issue.
29. Denied. It is specifically denied that the traffic signal incident to this
1
n
accident was defective and caused Defendant Defendant Melissa Juliana to proceed in
a manner which resulted in the collision and strict proof thereof is demanded at trial if
relevant to the issue.
30(a). Denied. It is specifically denied that Allyson Hornbaker failed to have her
motor vehicle under proper and adequate control.
30(b) Denied. It is specifically denied that Allyson Hornbaker operated her
vehicle at an excessive rate of speed.
30(c). Denied. It is specifically denied that Allyson Hornbaker negligently failed
to apply the brakes in time to avoid the collision.
30(d). Denied. It is specifically denied that Allyson Hornbaker applied the
brakes negligently.
30(e). Denied. It is specifically denied that Allyson Hornbaker failed to operate
the vehicle in accordance with the existing conditions.
30(f). Denied. It is specifically denied that Allyson Hornbaker failed to drive at a
speed and in a manner that would allow her to stop within the assured clear distance
ahead.
30(g). Denied. It is specifically denied that Allyson Hornbaker failed to keep a
reasonable lookout for other vehicles lawfully on the road.
30(h). Denied. It is specifically denied that Allyson Hornbaker operated her
vehicle without due regard for the rights, safety and position of the Defendant upon the
roadway.
31-32. Denied. The allegations are conclusions of law to which no responsive
pleading is required by the Pennsylvania Rules of Civil Procedure. Neither Allyson
2
Hornbaker or Stephen Hornbaker are parties to this action
WHEREFORE, Plaintiff respectfully requests that the New Matter filed by the
Defendants be stricken.
Respectfu Submitted,
Paul F. 4kDU'Eio, Esquire
Attorney for Plaintiff
3
VERIFICATION
Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-captioned matter
verifies that the facts contained in the foregoing Reply to New Matter are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
DATE:
Paul F. D'Emilio
Attorney for Plaintiff
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ATTORNEY FOR PLAINTIFF
ERIE INSURANCE COMPANY COMMON PLEAS COURT OF
AS SUBROGEE OF ALLYSON HORNBAKER : CUMBERLAND COUNTY
AND STEPHEN HORNBAKER
NO. 07-1483
vs. .
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA SKIRPAN. HMI : CIVIL ACTION
CERTIFICATE OF SERVICE
I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of
Plaintiff's Reply to New Matter in the above-entitled matter has been served upon the
following person on the -day of June, 2007 by first-class U.S. Mail, postage prepaid:
Laurence R. Wachs, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
(717) 909-9900
?LAW
Paul F. D'Emilio, Esquire
Attorney for Plaintiff
c-?
S ? ?
"
?? t ?
? ???
?
!?
l ? t,.s G'
rn
-" .
e
?>;
'
? ?
t
Robert S. Mirin, Esquire
Attorney T.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 171 10
(717) 909-9900
(717) 561-1616 fax
SriSC rl'1lanlla'lNCOn1'_ aSLflc?
Attorney for Defendants
ERIE INSURANCE COMPANY IN THE COURT OF
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER PLEAS, CUMBERLAND
COUNTY
AND STEP1-IEN HORNBAKER PENNSYLVANIA
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS. NO. 07-1483 CIVIL TERM
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SICIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET A CIVIL ACTION
MARYSVILLE, PA 17053
DEFENDANTS' ANSWER TO PLAINTIFF'S PRELIMINARY OBJECTIONS
AND NOW come Defendants through Counsel, Robert S. Mirin, Esquire, and
respond via Ans\ver to Plaintiff Erie Insurance Counsel's Preliminary Objections
received May 14, 2007, as follows:
I. Defendants received Plaintiff's Preliminary Objections on May 14,
2007.
2. Without concurring or denying statements as set forth in Plaintiff's
Preliminary Objections, Defendants respond to Plaintiff's Complaint and Preliminary
Objections to Defendants' Answer by filing an Amended Answer and New Matter.
3. The proposed Amended Answer and New Matter, as well as
accompanying documents, are enclosed.
Date
Distribution:
Respectfully Su
THE LAW ES . MIRIN
Robert S. Mirin, Esquire
Attorney for Defendants
VIA FIRST CLASS MAIL
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
FAX 610-338-0303
Robert S. Minn, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisbun,i. Pa. 18704
Tele: (717) 909-9900
FAX (717) 561-1616
Email: SUSQUEHANNA@comcast.net
Robert S. Mirin, Esquire
Attorney I.D. No. 25?05
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
si sc uehanna((i'comri>t.net
Attorney for Defendants
ERIE INSURANCE COMPANY
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER
COUNTY
AND STEPHEN HORNBAKER
4901 LOUNE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
IN THE COURT OF
PLEAS, CUMBERLAND
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
A CIVIL ACTION
CERTIFICATE OF SERVICE
I, Laurence R. Wachs, Esquire, of the Law Offices of Robert S. Mirin, hereby
certify that I have served the person below in accord with the rules of civil procedure
with Defendants' Answer to Plaintiff's Preliminary Objections as noted.
Respectfully Submitted,
Date
Distribution:
THE LAW OFF CES OF ROBERT S. RIN
Laurence l. Wachs, Esquire
VIA FIRST CLASS MAIL
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
FAX 610-338-0303
Robert S. Minn, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, Pa. 18704
Tele: (717) 909-9900
FAX (717) 561-1616
Email: SUSQUEHANNA@comcast.net
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Froiit S(reet
Harrisburg. PA 17110
(717) 909-9900
(717) 561-1616 fax
susquclianna ,`comcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER
COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE :
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
.AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
IN THE COURT OF
PLEAS, CUMBERLAND
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
A CIVIL ACTION
DEFENDANTS' MOTION TO AMEND ANSWER
Defendants, through Counsel, hereby requests leave of court to amend their
Answer, and in support thereof submit the following:
1. Plaintiff in above case filed a Complaint on Defendants on March 21,
2007.
2. Defendants through Counsel timely answered with an Answer,
Counterclaim and New Matter on April 9, 2007.
3. Plaintiff responded to Defendants' Answer, Counterclaim and New Matter
via Preliminary Objections Filed April 18, 2007, with an appropriate Certificate of
Service attached.
4. Notwithstanding the above, Defendants' Counsel on May 14, 2007
communicated to Plaintiff s Counsel that he was not in receipt of the Preliminary
Objections, a copy of said Preliminary Objections was sent via fax to Defendants'
Counsel on that day.
5. On May 24, 2007 Defendants' Counsel spoke with Plaintiff's Counsel, at
which time the time period for which a response to the preliminary objections was
extended.
6. After consideration of Plaintiff's responses and the need to fully respond
to the complaint, Defendants' Counsel herewith files an Amended Answer and New
Matter.
7. In accord with Cumberland County Local Rule 208.3(a)(2), Civil 96-1335,
dated February 27, 2007, Defendants' Counsel verifies that no judge has issued a ruling
on any matters as to the above captioned case.
8. Defendants' Counsel has communicated with and sent a copy of the
foregoing motion and all accompanying documents to opposing (Plaintiff's) Counsel and,
in accord with Cumberland County Local Rule 208.2(d), a copy of said documents are
enclosed with this filing.
WHEREFORE, Defendants through Counsel request leave of Court to file an
Amended Answer and New Matter in the above captioned matter.
Respectfully Submitted,
THE
F IWJMT S. MIRIN
// D
Date
Distribution:
Robert S. Mirin, Esquire
Attorney for Defendants
VIA FIRST CLASS MAIL
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
FAX 610-338-0303
Robert S. Mirin, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Hairisblu-g, Pa. 18704
Tele: (717) 909-9900
FAX (717) 561-1616
Email: SUSQUEHANNA@comcast.net
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
suss uelianrtaiiitcomcast_net
Attorney for Defendants
ERIE INSURANCE COMPANY
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER
COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSEURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
IN THE COURT OF
PLEAS, CUMBERLAND
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
A CIVIL ACTION
CERTI FCCATE OF CONCURRENCE OF OPPOSING COUNSEL
'A ITH DEFENDANTS' MOTION TO AMEND ANSWER IN
ACCORD WITH LOCAL RULE 208.2(d)
Defendants, through Counsel, hereby submit this Certificate of Concurrence with
Defendants' Motion to Amend Answer, and submit as follows:
Plaintiff in above case filed a Complaint on Defendants on March 21,
2007.
2. Defendants through Counsel timely answered with an Answer,
Counterclaim and New Matter on April 9, 2007.
I. Plaintiff responded to Defendants' Answer, Counterclaim and New Matter
via Preliminary Objections filed April 18, 2007, with an appropriate Certificate of
Service attached.
4. Notwithstanding the above, Defendants' Counsel on May 14, 2007
communicated to Plaintiff's Counsel that he was not in receipt of the Preliminary
Objections, a copy of said Preliminary Objections was sent via fax to Defendants'
Counsel on that day.
5. On May 24, 2007 Defendants' Counsel spoke with Plaintiff's Counsel, at
which time Plaintiff agreed to extend the time period for which a response to the
preliminary objections.
THE
Dat
Distribution:
VIA FIRST CLASS MAIL
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
FAX 610-338-0303
Robert S. Minn, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Haffisburg, Pa. 18704
Tele: (717) 909-9900
FAX (717) 561-1616
Ernail: SUSQUEHANNA@comcast.net
Attorney for Defendants
NOTICE TO PLEAD
You are hereby notified to file a written
response to the enclosed Defendant's
Answer and New Matter within twenty
(20) days from service hereof or a
judgment may be entered against you.
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehanna cz,,comcast.net
Attorney for Defendants
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY
: PENNSYLVANIA
NO. 07-1483 CIVIL TERM
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
A CIVIL ACTION
DEFENDANTS' AMENDED ANSWER AND NEW MATTER
AND NOW COME Defendants, Melissa Juliana, Frank Skirpan and Lisa Skirpan, by and
through their attorneys, the Law Offices of Robert S. Mirin, and file this Amended Answer and
New Matter, and in support thereof aver as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Denied. At no time has Defendant Melissa Juliana been the agent, workman, servant or
employee of Defendants Frank Skirpan and Lisa Skirpan, h/w. By way of further response, at no
point in time has Defendant Lisa Skirpan been engaged in the business of Dr. Frank Skirpan.
5. Denied as stated. Wherefore, strict proof thereof is demanded at trial.
6. Defendants are without sufficient information or belief to plead responsively to the
averments of Paragraph 6 of Plaintiffs Complaint. Wherefore, strict proof thereof is demanded
at trial.
CountI
Erie Insurance Company v. Melissa Juliana
7. Defendants incorporate by reference all of the averments and responses contained in
Paragraphs I through 6 of their response to the Complaint as set forth fully and at length.
S. Denied. It is specifically denied that the negligence of Melissa Juliana at any point
caused the collision/accident on July 11, 2005 to occur.
a. Denied. It is specifically denied that Defendant failed to have the motor vehicle
under proper and adequate control;
b. Denied. It is specifically denied that Defendant operated the motor vehicle at an
excessive rate of speed;
C. Denied. It is specifically denied that Defendant failed to apply the brakes in time
to avoid the collision,
d. Denied. It is specifically denied that Defendant negligently applied the brakes;
C. Denied. It is specifically denied that Defendant failed to operate the vehicle in
accordance with existing conditions;
2
f. Denied. It is specifically denied that Defendant failed to drive at a speed and in
the manner that would allow her to stop within the assured clear distance ahead;
g. Denied. It is specifically denied that Defendant failed to keep a reasonable
lookout for other vehicles lawfully on the road;
h. Denied. It is specifically denied that Defendant operated the motor vehicle
without due regard for the rights, safety and position of the Insured at the point of aforesaid;
i. Denied. It is specifically denied that Defendant failed to yield the right-of-way to
the Insured;
j. Denied. It is specifically denied that Defendant intentionally operated the vehicle
without insurance.
k. Denied. It is specifically denied that Defendant intentionally failed to maintain
financial responsibility; and
1. Denied. It is specifically denied that Defendant violated the various statutes and
laws of the Commonwealth of Pennsylvania and the County of Cumberland and Section 3322 of
the Motor Vehicle Code, pertaining to the operation of motor vehicles.
Count II
Erie Insurance Company v, Frank Skirpan and Lisa Skirpan, h/w
9. Defendants incorporate by reference all of the averments and responses contained in
Paragraphs 1 through 8 of their response to the Complaint as set forth fully and at length.
10. Denied. It is specifically denied that Defendants:
a. negligently entrusted their vehicle to another operator for use when they knew, or
with a reasonable exercise of due care should have known, that the operator was not capable of
operating the motor vehicle properly. Rather, Melissa Juliana exhibited no objective behavior
known to Frank Skit-pan and Lisa Skirpan whereby they knew, or in the reasonable exercise of
3
due care should have known, that the operator Melissa Juliana was not capable of operating the
motor vehicle properly;
b. negligently entrusted their motor vehicle to a person which they knew, or in the
exercise of reasonable care should have known, was an incompetent driver. Rather, Frank
Skirpan and Lisa Skirpan were not aware by objective evidence whereby they knew, or in the
reasonable exercise of due care should have known, that the operator Melissa Juliana was an
incompetent driver. Strict proof thereof is demanded at trial;
c. negligently entrusted their motor vehicle to a person known, should have known
or in the exercise of reasonable care would have known, was going to drive the vehicle in an
improper, dangerous or reckless manner. Rather, Frank Skirpan and Lisa Skirpan were not
aware by objective evidence whereby they knew, or in the reasonable exercise of due care should
have known, that the operator Melissa Juliana was going to drive the vehicle in an improper,
dangerous or reckless manner. Strict proof thereof is demanded at trial;
d. negligently entrusted their motor vehicle to another person who they knew, should
have known or in the exercise of due care would have known would cause damages to another.
Rather, Frank Skirpan and Lisa Skirpan were not aware by objective evidence whereby they
knew, or in the reasonable exercise of due care should have known, that the operator Melissa
Juliana would cause damages to another. Strict proof thereof is demanded at trial;
f.' negligently entrusted their motor vehicle to a person who did not maintain
financial responsibility as required by the laws of the Commonwealth of Pennsylvania. Rather,
Frank Skirpan and Lisa Skirpan were not aware by objective evidence whereby they knew, or in
the reasonable exercise of due care should have known, that the operator Melissa Juliana did not
' No item e. was pled, therefore no response is necessary.
4
maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania.
Strict proof thereof is demanded at trial.
WHEREFORE, Defendants demand judgment and dismissal of Plaintiff's Complaint.
NEW MATTER
11. Defendants incorporate by reference each and every preceding paragraph as though set at
length.
12. Plaintiff's claims are barred by the doctrine of accord and satisfaction.
13. Plaintiff's claims are barred by the doctrine of consent.
14. Plaintiff's claims are barred by the doctrine of discharge in bankruptcy.
15. Plaintiffs claims are barred by the doctrine of duress.
16. Plaintiffs claims are barred by the doctrine of estoppel.
17. Plaintiffs claims are barred by the doctrine of failure of consideration.
18. Plaintiffs claims are barred by the doctrine of fraud.
19. Plaintiff's claims are barred by the doctrine of illegality.
20. Plaintiffs claims are barred by the doctrine of justification.
21. Plaintiffs claims are barred by the doctrine of laches.
22. Plaintiff's claims are barred by the doctrine of license.
23. Plaintiffs claims are barred by the doctrine of payment.
24. Plaintiffs claims are barred by the doctrine of privilege.
25. Plaintiffs claims are barred by the doctrine of release.
26. Plaintiffs claims are barred by the doctrine of truth and waiver.
27. Plaintiff's claims are barred by the doctrine of unclean hands.
5
28. Allyson Hornbaker and Steven Hornbaker, 4901 Louise Drive, Mechanicsburg,
Cumberland County. Harrisburg 17055 are the owners of a motor vehicle involved in a motor
vehicle accident which occurred on July 11, 2005 with Defendant Melissa Skirpan.
29. Defendant believes and therefore avers that the traffic signal incident to this accident was
defective and caused Defendant Melissa Juliana to proceed in a manner which resulted in a
collision between Allyson Hornbaker and Stephen Hornbaker, subrogees of Plaintiff Erie
Insurance Company.
30. Defendant believes and therefore avers that said occurrence was due solely to the
negligence of Allyson Hornbaker, in that she:
a. failed to have the motor vehicle under proper and adequate control;
b. operated the motor vehicle a an excessive rate of speed;
C. negligently failed to apply the brakes in time to avoid the collision;
d. applied the brakes negligently;
C. failed to operate the vehicle in accord with existing conditions;
f. failed to drive at a speed and in the manner that would allow her to stop within the
assured clear distance ahead;
g. failed to keep a reasonable lookout for other vehicles lawfully on the road; and
h. operated the vehicle without due regard for the rights, safety and position of the
Defendant upon the roadway
31. Defendants believe and therefore aver that Allyson Hornbaker and/or Stephen Hornbaker
were contributonly negligent as to the subject auto accident.
32. Defendants believe and therefore aver that Allyson Hornbaker and/or Stephen Hombaker
were comparatively negligent as to the subject auto accident.
6
WHEREFORE Defendants request that the Complaint be dismissed as to all counts.
Date
Distribution:
VIA FIRST CLASS MAIL
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
FAX 610-338-0303
Robert S. Mirin, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
THE LAW I S OF ROBERT S. MIRIN
a
Robert S. Mirin, Esquir
Attorney for Defendants
Harrisburg, Pa. 18704
Tele: (717) 909-9900
FAX (717) 561-1616
Email: SUSQUEHANNA@comcast.net
7
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Strcet
Harrisburg, PA 171 10
(717) 909-9900
(717) 561-1616 fax
suss uehamja cLeomcast.uet
Attorney for Defendants
ERIE INSURANCE COMPANY
COMMON
AS SUBROGEE OF ALLYSON HORNBAKER
COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
VS.
MELISSA JULI_ANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE, PA 17053
IN THE COURT OF
PLEAS, CUMBERLAND
PENNSYLVANIA
NO. 07-1483 CIVIL TERM
A CIVIL ACTION
CERTIFICATE OF SERVICE
I, Laurence R. Wachs, Esquire, of the Law Offices of Robert S. Mirin, hereby
certify that I have served the person below in accord with the rules of civil procedure
with Defendants' Amended Answer and New Matter as noted.
Respectfully Submitted,
Lo / ? Q q7
Date
Distribution:
THE LAW OFFICES OF ROBER S. MIRIN
Laurence R. Wac zs, Esquire
VIA FIRST CLASS MAIL
Paul F. D' Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, Pa. 19064
Tele: (610) 338-0338
FAX 610-338-0303
Robert S. Mirin, Esquire
Law Offices of Robert S. Mirin
2515 N. 1ront Street
Harrisburg, Pa. 18704
Tele: (717) 909-9900
FAX (717) 561-1616
Email: SUSQUEHANNA@comcast.net
??
?
? ?
--? ? ? c_>
'
r ' ? -
•i
? ? L?
..
r
.
4 ?'^?
??
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
VS.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W :
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
CIVIL ACTION
PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION TO AMEND ANSWER
Plaintiff by its attorney, Paul F. D'Emilio, Esquire, answers the Defendant's
Motion to Amend Answer and sets forth as follows:
1-8. Admitted. Further Plaintiff has no objection to Defendant filing an
amended answer with New Matter which is attached to Defendant's Motion.
Respectfully submitted,
Amiuo. aul F. Esquire
Attorney for Plaintiff
I . I
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
VS.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W :
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
CIVIL ACTION
CERTIFICATE OF SERVICE
I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of
Plaintiff's Answer to Defendants' Motion to Amend Answer in the above-entitled matter
has been served upon the following person on the 25th day of June, 2007 by first-class
U.S. Mail, postage prepaid:
Laurence R. Wachs, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
(717) 909-9900
Paul F. D'Emilio, Esquire
Attorney for Plaintiff
O
(
rn
.-'
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16664
? PAUL M. SCHOFIELD, JR., ESQUIRE
ATTORNEY I.D. #81894
906 W. SPROUL ROAD, SUITE 106
SPRINGFIELD, PA 19064
(610) 338-0338
ATTORNEY FOR THE PLAINTIFF
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
vs.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA SKIRPAN, H1W
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paul M. Schofield, Jr., Esquire, counsel for the plaintiff in the above action,
respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is Erie Insurance Company.
The following attorneys are interested in the case(s) as counsel or are
otherwise disqualified to sit as arbitrators: Robert Mirin, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three
(3) arbitrators to whom the case shall be submitted.
DateyPj;7_#/y
aul M. Schofield, Jr., Esquire
Identification No.: 81894
A " a.
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
vs.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
ORDER OF COURT
AND NOW,this Day of
consideration of the foregoing petition,
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
, 200_, in
Esq.,
Esq., and
Esq., re
as prayed appointed arbitrators in the
above captioned action (or actions)
By the Court,
P.J.
'p k rr, -
6?
O O
p t
ca
15 --?
Jj
ERIE INSURANCE COMPANY .
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER .
vs.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
ORDER OF COURT
AND NOW,this Vl- Day of , 2001, in
consideration of the foregoing petition,
w -C ? hAMJA___ ,Esq.,
I?AX ` , Esq., and
Esq., are appointed arbitrators in the
above cap oned action (or actions) as prayed for.
the C rt,
a ?,> 001
f
? ?
LL cep ? r
W rZ- (?C
G ?
1
Q
J
P s
7
?
o (-)
c
9, 0 7
lU
°
Q 4
?
r"I
-n
2
CJ
r7l -71
-0 m
N f't'!
N) G
n
.
ERIE INSURANCE COMPANY
AS SUBROGEE FO ALLYSON
HORNBAKER AND STEPHEN
HORNBAKER
VS.
MELISSA JULIANA
COMMON PLEASE COURT OF
CUMBERLAND COUNTY
NO. 07-1483
AND
FRANK SKIRPAN AND LISA CIVIL ACTION
SKIRPAN,H/W
PRAECIPE TO WITHDRAW AS COUNSEL
Kindly withdraw the appearance of Robert S. Mirin, Esquire on behalf of the
Defendant Frank Skirpan in the above-captioned matter.
Mr. Skirpan will be proceeding pro se.
Respectfully submitted,
Date:
obert S. Mirin, Esq re
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehanna(a-)comcast.net
ERIE INSURANCE COMPANY
AS SUBROGEE FO ALLYSON
HORNBAKER AND STEPHEN
HORNBAKER
VS.
MELISSA JULIANA
COMMON PLEASE COURT OF
CUMBERLAND COUNTY
NO. 07-1483
AND
FRANK SKIRPAN AND LISA CIVIL ACTION
SKIRPAN,H/W
CERTIFICATE OF SERVICE
I, Rosemary A. Hunt, Office Manager, hereby certify that on this, the 9th day of
February, 2009, I served the attached Praecipe for Withdrawal of Counsel upon the
following individuals in the manner described in the Rules of Civil Procedure.
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Ste. 105
Springfield, PA 19064
Frank Skirpan
781 Valley Street
Marysville, PA 17053
Date: )-)q to
K
Rosemary A. Hurit, Office Manager
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehanna(i?comcast.net
? _,.t --r
- ? z ?`
-
r=== ? ?
?-
.?:_:
??? _?,
=
Y}
,
?.
+*? err
+;:?;
;?
-?+
A
ERIE INSURANCE COMPANY
AS SUBROGEE FO ALLYSON
HORNBAKER AND STEPHEN
HORNBAKER
VS.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA
SKIRPAN, H/W
COMMON PLEASE COURT OF
CUMBERLAND COUNTY
NO. 07-1483
CIVIL ACTION
MOTION TO WITHDRAW AS COUNSEL
AND NOW comes Robert S. Mirin, Esquire of the Law Offices of Robert S.
Mirin (hereinafter referred to as "counsel"), who respectfully requests that this Honorable
Court grant permission to withdraw as counsel on behalf of Defendant Frank Skirpan in
the above-captioned matter, and in support thereof avers as follows:
1. a. Defendants Lisa Skirpan and Melissa Juliana retained the services of
Robert S. Mirin, Esquire and The Law Offices of Robert S. Mirin on March 28, 2007.
b. This case involves a motor vehicle accident.
2. a. Defendants Frank and Lisa Skirpan were husband and wife at the time
counsel's services were retained in 2007.
b. They are now in divorce proceedings which commenced during 2007.
3. a. Counsel has been Defendant Lisa Skirpan's attorney since December 28,
2005 on other matters, which is prior to being retained by Lisa Skirpan for this case.
b. Counsel has not discussed the merits of this lawsuit with Frank Skirpan
D
which involves an accident where Melissa Juliana was driving and Lisa Skirpan was a
passenger, although Frank Skirpan was named as a party Defendant when the lawsuit was
filed.
3. Counsel has communicated verbally and in writing with Defendant Frank Skirpan
on several occasions over the past several months about counsel's intention to withdraw
as his attorney in this case because of a conflict of interest arising from the divorce.
4. Defendant Frank Skirpan has not objected and counsel has not spoken to
Defendant Frank Skirpan for over six months.
WHEREFORE, it is respectfully requested that This Honorable Court grant
permission for counsel to withdraw appearance on behalf of Defendant Frank Skirpan for
the reasons set forth herein.
Submitted,
Dated: fz& a q
Robert S. Mirin, Esquire
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
^ • A
ERIE INSURANCE COMPANY
AS SUBROGEE FO ALLYSON
HORNBAKER AND STEPHEN
HORNBAKER
VS.
MELISSA JULIANA
COMMON PLEASE COURT OF
CUMBERLAND COUNTY
NO. 07-1483
AND
FRANK SKIRPAN AND LISA CIVIL ACTION
SKIRPAN, H/W
CERTIFICATE OF SERVICE
I, Rosemary A. Hunt, Office Manager, hereby certify that on this, the 30`h day of
April, 2009, I served the attached Motion for Withdrawal of Counsel for Defendant Frank
Skirpan upon the following individuals in the manner described in the Rules of Civil
Procedure.
Paul M. Schofield, Jr., Esquire
905 W. Sproul Road, Ste. 105
Springfield, PA 19064
Frank Skirpan
781 Valley Street
Marysville, PA 17053
Date: un
d
Rosemary A. Hunt, Office Manager
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susauehanna(cDcomcast.net
FILE D-C)F t;?E
CF THE
2009 MAY - I F?' I : f
Cum
t ?;1
ERIE INSURANCE COMPANY
AS SUBROGEE FO ALLYSON
HORNBAKER AND STEPHEN
HORNBAKER
VS.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA
SKIRPAN, H/W
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
CIVIL ACTION
AMENDMENT TO MOTION TO WITHDRAW AS COUNSEL
AND NOW comes Robert S. Mirin, Esquire of the Law Offices of Robert S.
Mirin (hereinafter referred to as "counsel"), who respectfully requests that this Honorable
Court grant permission to withdraw as counsel on behalf of Defendant Frank Skirpan in
the above-captioned matter, and in support thereof avers as follows:
1. a. Defendants Lisa Skirpan and Melissa Juliana retained the services of
Robert S. Mirin, Esquire and The Law Offices of Robert S. Mirin on March 28, 2007.
b. This case involves a motor vehicle accident.
2. a. Defendants Frank and Lisa Skirpan were husband and wife at the time
counsel's services were retained in 2007.
b. They are now in divorce proceedings which commenced during 2007.
3. a. Counsel has been Defendant Lisa Skirpan's attorney since December 28,
2005 on other matters, which is prior to being retained by Lisa Skirpan for this case.
b. Counsel has not discussed the merits of this lawsuit with Frank Skirpan
which involves an accident where Melissa Juliana was driving and Lisa Skirpan was a
passenger, although Frank Skirpan was named as a party Defendant when the lawsuit was
filed.
3. Counsel has communicated verbally and in writing with Defendant Frank Skirpan
on several occasions over the past several months about counsel's intention to withdraw
as his attorney in this case because of a conflict of interest arising from the divorce.
4. Defendant Frank Skirpan has not objected and counsel has not spoken to
Defendant Frank Skirpan for over six months.
The concurrence of opposing counsel, Paul M. Schofield, Jr. was sought and
opposing counsel indicated concurrence in counsel's withdrawal.
6. No judge has yet ruled upon any other issue in the matter.
WHEREFORE, it is respectfully requested that This Honorable Court grant
permission for counsel to withdraw appearance on behalf of Defendant Frank Skirpan for
the reasons set forth herein.
Dated: 5 J D 9
Respectfully Submitted,
11
Robert S. Mirin, Esre
Attorney I.D. No. 2 305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
•
ERIE INSURANCE COMPANY
AS SUBROGEE FO ALLYSON
HORNBAKER AND STEPHEN
HORNBAKER
VS.
MELISSA JULIANA
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
AND
FRANK SKIRPAN AND LISA CIVIL ACTION
SKIRPAN, H/W
CERTIFICATE OF SERVICE
I, Lindsey Bierzonski, Office Intern, hereby certify that on this, the 27th day of
May, 2009, I served the attached Motion for Withdrawal of Counsel for Defendant Frank
Skirpan upon the following individuals in the manner described in the Rules of Civil
Procedure.
Paul M. Schofield, Jr., Esquire
905 W. Sproul Road, Ste. 105
Springfield, PA 19064
Frank Skirpan
781 Valley Street
Marysville, PA 17053
Date: -S pv ?n
tI
Lind-say Bierz ski, Officb Intern
The Law Offic s of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehanna(acomcast.net
C
MAY 2 0 2099
ERIE INSURANCE COMPANY COMMON PLEASE COURT OF
AS SUBROGEE FO ALLYSON CUMBERLAND COUNTY
HORNBAKER AND STEPHEN
HORNBAKER NO. 07-1483
VS.
MELISSA JULIANA
AND
FRANK SKIRPAN AND LISA CIVIL ACTION
SKIRPAN, H/W
ORDER
AND NOW, this T_ day of Ty vt- , 2009, upon consideration of
Attorney Robert S. Mirin's Motion to Withdraw as Counsel for Defendant Frank Skirpan,
it is hereby ORDERED that the Motion is GRANTED. The appearance of Robert S.
Mirin, Esquire is withdrawn. Defendant Frank Skirpan shall be deemed to be proceeding
pro se.
Fir ???? • v,
'd 3A
L=7?Tf ;?5. ?D, ??
Au gScW k Sr-u-P+krj
Plaintiff
'j 4
Defendant
We do solemnly swear (or affirm) that we
States and the Constitution of this Comnic
with fide
Lam(/
Signature igna
lu?ciaw-l s
Name (Chairman)
law Firm-
Address T
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 4-1 - 1 Y ? 3
Civil Action - Law.
Oath
obey and defend the Constitution of the United
hat . discharge the duti Q it office
n ?
Signature
Name
Law Firm
P() aay
Address
C'r?3rz:Pl? S'• G?c.?s
Name
JAX4 -S 5t ACS®C .
Law Firm
Zuo Co" PCwq y
Address
City, zip city, zip city, zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
((!? ?,"ier %t??oyga?n (( ?1,??. ?,,,,,e??)e d? .u??+?-r G•-.??'?? ? ? H ?': ?i 5?Dd2??
in -P6,W ' O P ?w? ??1'1- C,.hc? Oa0.t••Fi T ?" ie i.r? ?) y (, ?.w? ..
. Arbitratm dissents. (Insert name if applicable,
Date of Hearing: v?
(Chairman)
Date of Award: 0
Notice of Entry of Award
/ , ?.M., the above award was
Now, the day of J-LAJ € , 20,0'7 , at J-,
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 3.50 . o0
By:
Prothonotary Deputy
OF ? TAR'/
2804 JUN -5 PM 1: 34
PENNSYLVANIA
?t.ical
?. d- 1,. S'ki'a fUt)
pt,'o ?M,G
Plaintiff
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 01_- 1481
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and dedu Constitution
of our ofUflcieed
States and the Constitution of this Commonwealth and that wwill discharge the
with fidelity.
Signature Signature
Signature
Name Name
Name (Chairman)
Law Finn Law Firm
Law Firm
Address Address Address
city, zip city, zip City, zip
4/ j .o--W,C),-D Award
We, the undersigned arbitrators, having been uly rappointed and worn (or affirmed),
awardedSthey shall be separately stat d.)
following award: (Note: If damages fo Y ar
7`/ K.f' .a -/ S-4 e - w -dR?l? /f -.91. C/- Z5 pp
/*F64/-o? 7?!4/ Ate- .z)t!iE?v .Tr fi2.y.?/c?c?
. Arbitrator, disse (In rt name if applicable.
Date of Hearing: (Chairman)
Amended
Date of Award: ? ^Z °!
Notice of Entry of Award
Now, the day of , 20 0 q , at 2 , _E•M•, the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compgnsation to be paid upon appeal: $ 360 ' 00
R6 By. Deputy
209 JON 29 PM 2: 4 2
PENNSYLVANIA
nf...c
P447 -P. -b 1&.4 ?
4, S'k, ? 1??.?
Puwccr-C-L7 ?9(,
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE .
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET
MARYSVILLE. PA 17053
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
CIVIL ACTION
PRAECIPE TO ENTER JUDGMENT ON AWARD OF ARBITRATORS
TO THE PROTHONOTARY, CP:
Kindly enter final judgment in the amount of Five Thousand Three Hundred Fifty
and 20/100 ($5,350.20) dollars in the above entitled matter on the Award of Arbitrators
entered on June 29, 2009, finding in favor of the Plaintiff and against the Defendant,
Melissa Juliana. (A copy of the Arbitration Award is attached hereto and marked
Exhibit "A.")
-Alt
L F. D'EMILIO, ESQUIRE
ATTORNEY FOR PLAINTIFF
And now to wit, this3O?4day of /t,O
,2009, Judgment is entered in favor of the
Plaintiff, and against the Defendant, Melissa Juliana on the Award of Arbitrators entered
on June 29, 2009.
A/ A&? //
PRO PROTHONOTARY?
Alp A?,*
Exhibit "A"
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No._OP7 - 1483
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature
Name (Chairman)
Law Firm
Address
City, Zip
Signature
Name
Law Firm
Address
city, zip
Signature
Name
Law Firm
Address
City, Zip
/ NIL-W0 &-D Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
5 3-0. -fi) ^c. 4,G ?L?9i v Y-xo ' 4*70/
`/ylEUrS,?Q- TZ Z.-1*A/ , -JIVo --1r+' 74"Or- 194 ,??i??/R9.v7'f j/19.?ieS.7eiR,
.qN Z I-/ 5.•L Xlel''or r- .v Ali
. Arbitrator, disse(h*rt name if applicable.)
Date of Hearing:
AmaxW
Date of Award: 1;? ^211 ,2e0?
%
17 0,
i 06
RD
Ir - stimonv whereof, I here unto F,"t my hzll?
.u the sea o said our at Carlisle,
T ' da f.. 4tlt)4... 400,
Notice of Entry of Award 11 ., -- .+1
OgQtary?
Now, the_ day of , 2007 , at a Vz , _E.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' comp nsation to be paid upon appeal: $ 360-00
im 0 1) R6 By:
Prothonotary Deputy
GFPrIP" -T?AjS. Coo, AOD
&L gSLW ?- s,r-v+ r%)
BAl&-Y2
Plaintiff
,j Zq; s?'NiZ
Defendant
We do solemnly swear (or affirm) that we
States and th Constitution of this Commc
with fide '
Signature ignat
.,C^ Arm? ?zs
Name (Chairman)
'r/IGL V&rr /lam/GT'R'
w Firm
Address
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 07 -- 103
Civil Action - Law.
Oath
obey and defend the Constitution of the United
hat LIdischarge the duff office
Signature
,&a'- VA. IxOP)O4V-\
Name
Law Firm
Address
L4fI #P&7aPI b:A S'• toc*c
Name
Locks it A<SoC .
Law Firm
LZd Col c"12yJr? f 7 /
Address
4&, ?7?13 1?IC?aJ Camhwt-*? Pc4 r /-?3 iVt--IIh6rI4r6-S-"4, FA 1705s,
City, zip city, Zip city, zip
--?Kl 63
194VL s
r? .23z*3
Awa
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: damages for delay are awarded, they shall be separately stated.)
?? l?oJ9e? T1,_,.PQ_ _ A?., ",a fiL.-? (# s' fin. 20
-1S? ?G?JCJJ' e?l- l6?n ?,? r7- CQO?I?^a7'? I- IP1.f Shy .1 U GH?? _ d.?.,? ,+V
_ J_J?i e S /G ?"J9AAl 00..v.[ A . .x 4ii a: d.t?r.,i _ -d -
. Arbitrdissents. (Insert name if applicable.
Date of Hearing: 6
Date of Award: D
( )
IWN,
Notice of Entry of Award
Now, the day of TOU 6 , 200 9 , at 4-2U , ? .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitr4tors' compensation to be paid upon appeal: $_ 2,50 , 06
By:
Prothonotary
Deputy
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ERIE INSURANCE COMPANY
AS SUBROGEE OF ALLYSON HORNBAKER :
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE .
MECHANICSBURG, PA 17055
VS.
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND .
FRANK SKIRPAN AND LISA SKIRPAN, H1W
781 VALLEY STREET .
MARYSVILLE PA 17053
TO THE PROTHONOTARY, CP:
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 07-1483
CIVIL ACTION
The undersigned, attorney for Plaintiff, hereby certifies that on November 24,
2009, a true and correct copy of the Praecipe to Enter Judgment on Award of
Arbitrators was mailed by first class mail, postage pre-paid to the defendant and
defendant's counsel:
Melissa Juliana and Robert S. Mirin, Esquire
718 Valley Street 2515 N. Front Street
Marysville, PA 17053 Harrisburg, PA 17110
(: 1?
UL F. D'EMILIO, ESQUIRE
ATTORNEY FOR PLAINTIFF
?t
?1. -7r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION- LAW
(Rule of Civil Procedure No. 236)
ERIE INSURANCE COMPANY COMMON PLEAS COURT OF
AS SUBROGEE OF ALLYSON HORNBAKER : CUMBERLAND COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
NO. 07-1483
VS. .
MELISSA JULIANA
718 VALLEY STREET
MARYSVILLE, PA 17053
AND
FRANK SKIRPAN AND LISA SKIRPAN, HIW :
781 VALLEY STREET CIVIL ACTION
MARYSVILLE, PA 17053
Notice is given that a judgment in the above captioned matter has been entered
against you on I 3G , 2009.
f? ey771 Prothonotary
If you have any questions concerning he above please contact:
Paul F. D'Emilio. Esquire
Attorney or Party Filing
905 West Sproul Road. Suite 105
Address
Springfield, PA 19064
City, State, Zip
(610) 338-0338
Telephone Number
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
PAUL M. SCHOFIELD, JR, ESQUIRE
ATTORNEY I.D. #81894
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064
(610) 338-0338
ATTORNEY FOR PLAINTIFF
THIS IS AN ARBITRATION MATTER
ERIE INSURANCE COMPANY COMMON PLEAS COURT OF
AS SUBROGEE OF ALLYSON HORNBAKER : CUMBERLAND COUNTY
AND STEPHEN HORNBAKER
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
NO. 07-1483
VS.
MELISSA JULIANA c
E2
"zD
718 VALLEY STREET "-
MARYSVILLE, PA 17053
a' ?ra
--
AND 3
7
FRANK SKIRPAN AND LISA SKIRPAN, H/W
781 VALLEY STREET CIVIL ACTION } v
MARYSVILLE, PA 17053
AFFIDAVIT MOTOR VEHICLE ACCIDENT
I hereby certify that the Judgment debtor, Melissa Juliana is the-same person
who is the Defendant in the Cumberland County Common Pleas Action No. 07-1483,
which was a result of a motor vehicle accident on July 11, 2005.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS bAY
OF FEBRUARY, 2010.
A f??b . r art SL R
NOTARY PUBLIC
PAUL F. D'EMILIO, ESQUIRE
NOTAR9 AL z:,
?aIUELISSA O'NEILL, Notary Public
Springtied Twp., Delaware County
Comr niss;cr Expires December 6, 21
45.00 PD Krrty
CV_*10&05
RT*a3 m'