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Home My WebLink About07-2921IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - Aga( Civil Action - Law JURY TRIAL DEMANDED TERRANCE REDDINGTON and CYNTHIA REDDINGTON, husband and wife, 302 West First Street Route 174 Boiling Springs, PA 17407 Versus MINNIE H. ILGENFRITZ 35 Burgners Mill Road : Carlisle, PA 17013 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 (717) 728-3200 Date: 5/10/07 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): MINNIE H. ILGENFRITZ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: 02 ?4 i ( ) Check here if reverse is issued for additional information o ? d Vie.. 0 t/) SHERIFF'S RETURN - REGULAR CASE NO: 2007-02921 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REDDINGTON TERRANCE ET AL VS ILGENFRITZ MINNIE H VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ILGENFRITZ MINNIE H the DEFENDANT , at 1640:00 HOURS, on the 18th day of May 2007 at 35 BURGNERS MILL RD CARLISLE, PA 17013 by handing to MINNIE ILGENFRITZ a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 511/3 i/o 7 18.00 4.80 .41 10.00 .00 V3.21 So Answer Sworn and Subscibed to before me this day of , R. Thomas Kline 05/21/2007 SHOLLENBERGER JANUZZI By. - Deputy eriff A. D. LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville, PA 17901 (570) 622-1426 TERRANCE REDDINGTON and CYNTHIA REDDINGTON, h/w vs. MINNIE H. ILGENFRITZ Attorney for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDED NO.: 07-2921 Civil Term PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. THE LAW OFFICE OF HAROLD VILETTO BY: L. 6. Jeffrey M. Pollock Attorney for Defendants RULE AND NOW, this 1qA Day of 64,ember , 2007, a Rule is hereby GRANTED upon Plaintiff herein to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. ltwtA k. " -ab ?ibfhono ?"; ra c-v, , ?? _?? ._, ? k . ?_,, ;-? i c,_ ., ,. ` ,_,•'. .,_? ? ?. ,. ?. ? t ?`? ,,. ,. ' i .?, ?. ?.... "'c LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I. D.# 58362 1599 Oak Road Pottsville, PA 17901 (570) 622-1426 TERRANCE REDDINGTON and CYNTHIA REDDINGTON, h/w Attorney for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. MINNIE H. ILGENFRITZ JURY TRIAL DEMANDED NO.: 07-2921 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, Minnie H. Ilgenfritz, in the above matter. LAW OFFICES OF HAROLD E. VILETTO BY: Loomwm-" Jeffrey M. Pollock Attorney for Defendant '' r,., SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs V. Minnie H. Ilgenfritz, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 717-249-3166 or 1-800-990-9108 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 1 JHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs V. Minnie H. Ilgenfritz, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. S usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, VAYA A O LLAME POR TELI`FONO LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 717-249-3166 or 1-800-990-9108 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs V. Minnie H. Ilgenfritz, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Terrance and Cynthia Reddington, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: COUNT I - FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Terrance Reddington, is an adult individual currently residing at 302 West First Street, Route 174, Boiling Springs, Cumberland County, Pennsylvania. 2. Plaintiff, Cynthia Reddington, is an adult individual currently residing at 302 West First Street, Route 174, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff, Terrance and Cynthia Reddington, are husband and wife, having been married on July 9, 1971. 4. Defendant, Minnie H. Ilgenfritz, is an adult individual whose last Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 3 known address is 35 Burgners Mill Road, Carlisle, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on October 25, 2005, at or about 2:00 p.m. on West First Street, also known as Route 174, in Boiling Springs, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Terrence Reddington, was the operator of a 2003 Buick Regal. 7. At the aforesaid time and place, Defendant, Minnie H. Ilgenfritz, was the operator of a white van. 8. At the aforesaid time and place, Plaintiff, Terrence Reddington, who was operating the aforesaid 2003 Buick Regal westbound in the right-hand lane of traffic of Route 174, was stopped behind the white van operated by Defendant, Minnie H. Ilgenfritz. 9. At the aforesaid time and place, Defendant, Minnie H. Ilgenfritz, was operating the white van westbound in the right-hand lane of traffic on Route 174 and was stopped in front of the Buick being operated by Plaintiff, Terrence Reddington, immediately prior to the collision. 10. At the aforesaid time and place, Defendant, Minnie H. Ilgenfritz, placed the van she was operating in reverse, and crashed the back of her van into the front of Plaintiff Terrence Reddington's Buick Regal that he was operating at the time of the collision. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 4 11. As a result of the aforesaid collision, Plaintiff, Terrance Reddington, has suffered serious and permanent injuries, including but not limited to the following: a. Strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; b. Displacement of thoracic disk; C. Lumbar region subluxation with segmental dysfunction; d. Sacral region subluxation with segmental dysfunction; e. Upper extremity region subluxation with segmental dysfunction; f. Pelvic, hip, and pubic region subluxation with segmental dysfunction; g. Ligamentous instability in the cervical spine; h. Ligamentous instability at C2/C3, C3/C4 and C4/C5; i. Post traumatic cephalgia; j. Intervertebral disc disorder with myelopathy of the cervical spine; k. Radiculitis of the thoracic spine; 1. Facet syndrome; M. Low back injury; n. Brachial plexus injury; o. Strain and sprain of the muscles and other soft tissues at or Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-72&3200 5 about the rib cage; P. Disc injury at C1-2,C4-5 and C5-6; q. Tear in the posterior ligament at C4, C5 and C6; r. Lateral Posterior Vertebral Offset at C5; and S. Lateral Anterior Vertebral Offset at C2 and C3. COUNT II - TERRANCE REDDINGTON VS. MINNIE H. ILGENFRITZ 12. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Minnie H. Ilgenfritz, in operating the white van in a careless, reckless, and negligent manner as follows: a. Backing up her vehicle when the movement could not be made with safety or without interfering with other traffic and without yielding the right-of-way to moving traffic and pedestrians in violation of Section 3702(a) of The Pennsylvania Motor Vehicle Code; b. In failing to observe Plaintiff's Buick Regal on the road behind her passenger van; C. In failing to operate her vehicle in accordance with existing traffic conditions; and d. In failing to keep a reasonable look-out for other vehicles lawfully on the road. 13. As a direct and proximate result of the aforesaid injuries, Plaintiff, Terrance Reddington, has undergone and in the future will undergo great pain and suffering for which damages are claimed. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 6 14. As a further result of the aforesaid injuries, Plaintiff, Terrance Reddington, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Terrance Reddington, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Terrance Reddington, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 17. As a further result of this collision, Plaintiff, Terrance Reddington, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. As a further result of the aforesaid injuries, Plaintiff, Terrance Reddington, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. Plaintiff, Terrance Reddington, was the named insured on a policy of insurance issued to him by Erie Insurance bearing policy number 010170834083 which was in effect on the date of the above referenced collision. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 7 Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit "A". Therefore, Plaintiff Terrance Reddington remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Terrance Reddington demands judgment against Defendant Minnie H. Ilgenfritz for compensatory damages in an amount in excess of the amount required compulsory arbitration. COUNT III CYNTHIA REDDINGTON VS. MINNIE H. ILGENFRITZ 20. Paragraphs 1 through 19 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set fourth in full. 21. As a further result of injuries sustained by her husband, Plaintiff, Cynthia Reddington, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which has been and will be to her great detriment and loss. WHEREFORE, Plaintiff, Cynthia Reddington, demands judgment against Defendant, Minnie H. Ilgenfritz, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 8 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: Awzp 0;?) Russell R. Wert, Esq. Attorney I.D. # 206872 Timothy A. Shollenberger, Esq. Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Dated: o??l•? ?? Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 9 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Terrance Reddington and Cynthia Reddington IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. Minnie H. Ilgenfritz NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of February, 2008 1 hereby certify that I have served the foregoing Complaint to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jeffrey M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP f?Q By: 91 A Timothy A. Sholl berger, Esquire Russell R. Wert, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 10 DB5 CONTINUATION NOTICE AA7584 FETROW INS ASSOC LLC TERRANCE P REDDINGTON & CYNTHIA A REDDINGTON 302 W FIRST ST BOILING SPRINGS PA 17007-9451 AGENT - FETROW INS ASSOC LLC ***** AGENT PHONE - (717) 766-3200 ERIE INSURANCE EXCHANGE PIONEER FAMILY AUTO POLICY 03/22/05 TO 03/22/06 Q03 2209805 H AS LISTED BELOW 5299 E. TRINDLE RD. MECHANICSBURG PA 17050 3552 ITEM 4. AUTOS COVERED AUTO YR MAKE VIN ST TER SYM RATING CLASS DDP 1 03 BUIC REGAL LS 2G4WB52K331111839 PA 4F A AlAL-M MM50 2 02 BUIC CNTRYCU/SE 2G4WS52J621291193 PA 4F 8 ALAS-M FM50 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- #1 #2 *****GOOD DRIVER RATES APPLY***** --- THE FULL TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. --- LIABILITY PROTECTION- BODILY INJURY $30OM/PERSON $30OM/ACC 81 66 PROPERTY DAMAGE $10OM/ACC 77 62 FIRST PARTY BENEFITS- MEDICAL EXPENSE $50M 72 58 INCOME LOSS $1M/MONTH, $5M MAXIMUM 6 5 ACCIDENTAL DEATH $5M 2 1 FUNERAL BENEFIT $2.5M 2 2 UNINSURED MOTORISTS COVERAGE- BOD INJ $100M/PERSON $300M/ACC-STACKED 19 19 UNDERINSURED MOTORISTS COVERAGE- BOD INJ $100M/PERSON $300M/ACC-STACKED 146 146 PHYSICAL DAMAGE COVER 1?GE'S- COMPREHENSIVE - $100 DED 54 35 COLLISION - $250 DIED 190 134 OPTIONAL COVERAGES- TRANSP EXPENSES - COMP $30/DAY, $1,350/LOSS 7 7 TRANSP EXPENSES - COLL $30/DAY, $1,350/LOSS 18 18 TOTAL ANNUAL PREMIUM FOR EACH AUTO 674 553 TOTAL ANNUAL POLICY PREMIUM $ 1,227 ITEM 6. APPLICAnLE POLICY, ENDORSEMENTS, EXCEPTIONS TO DECLARATIONS ITEMS ALL AUTOS - FA? 04/:7, UF2106 05/01, AFPNOI 10/98, AFPA03 04/03. AUTO 1 - AFPUO- 04/03. AUTO 2 - AFPNOI 04/03. -A? F'-A ANTI-THEFT DISCOUNT APPLIES-PASSIVE DISAB AUTO 1 ANTI-THEFT DI'COLWT APPLIES-PASSIVE DISAB AUTO 2 MULTI POLICY DISCOUNT APPLIES - AMOUNT OF DISCOUNT IS $ 93 PASSIVE F_ESTRAINT DISCOUNT APPLIES - DUAL AIRBAGS AUTO 1 PASSIVE F.77STR7,I:1'I DISCOUNT APPLIES - DUAL AIRBAGS AUTO 2 ANTI-LOCK FRAr DISCOUNT APPLIED AUTO 1 ANTI-LOCK ?AI:; DI,D,'-" NT AI' LIED AUTO 2 EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLASS AUTO 1- PLE'.SL'RE T'S E , 8 , 5 01 OR MORE MILES ANNUALLY ?ARRIEP, A.rn 50-54 AUTO 2-rr,F- SJ-7 7 U: F:, Ut' TO ?, 500 MILES ANNUALLY MAP- IED, AGE 50-54 YD WFS 02/19/05 MISCELLANEOUS INFORMATION ITEM 7. EACH AUTO WE INSURE WILL BE PRINCIPALLY GARAGED AT THE ADDRESS SHOWN IN ITEM 1, UNLESS ANOTHER ADDRESS IS SHOWN BELOW. ITEM 9. UNLESS A CO-OWNER OR LIENHOLDER IS LISTED BELOW, THE NAMED INSURED IS THE SOLE OWNER OF EACH AUTO WE INSURE. LIENHOLDER FOR AUTO 1 GMAC P 0 BOX 2525 HUDSON OH 44236-0025 LIENHOLDER FOR AUTO 2 PSECU P 0 BOX 1006 HARRISBURG PA 17108-1006 ******************************************************************************** DRIVER ST LICENSE NUMBER BIRTH DATE 1 TERRANCE P REDDINGTON PA 15731901 08/01/52 2 CYNTHIA A REDDINGTON PA 15845076 08/01/52 ANY PERSON WHO ICTOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THFIZETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. YOUR COLLISICN COVERAGE AND DEDUCTIBLE APPLY TO PRIVATE PASSENGER AUTOS YOU OR A RESIDENT RELATIVE RENT FOR 45 DAYS OR LESS. THIS IS SUBJECT TO LIMITS, TERMS AND CONDITIONS IN THE POLICY. THE LT.?+S OF THE CChIMONWEALTH OF PENNSYLVANIA, AS ENACTED BY THE GENERAL ASSEM`7?L`,', ONLY P QUIRE THAT YOU PURCHASE LIABILITY AND FIRST-PARTY MEDIC;-.L !37*;T FIT C__,VERAGES. ANY ADDITIONAL COVERAGES OR COVERAGES IN EXCESS O° '':E LIMITS REQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST AS EN.:ANCEI-:ANTS TO THE BASIC COVERAGES. BELOW ARE ANNUAL PREMIUMS FOR THE MINIMUM REQUIRED COVERAGES AND LIMITS FOR LIMITED T07\T. PLEASE NOTE THAT THE LIMITED TORT OPTION MAY NOT BE AVAILABLE ON C" RTAIN VEHICLES. # 1 # 2 BODIT:Y INJIT7Y $] rM/PERSON $30M/ACC 28 24 PROPEF= DFu? :AGE ?'I/iyCC 67 53 FIRS. F .:'.T'. Br:?";FITS - MEDI-_AT, EXPENSE $5M 18 14 VERIFICATION I, Tt rfc, n ct hereby acknowledge that I am a Plaintiff in this action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Op Signature Date: ' - I ?-- oc GAFORMS-MISCELLANEOUS\INITIAL CONSULT DOCS (SETUPS)\Verification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 C _Tj fli - r (` ' ? ? TS „ .. x`17 S (n co --4' TO: ALL PARTIES You are hereby notified To plead to the enclosed Within twenty (20) days From service hereof or A Default Judgment may Be entered against you. leffreyC. Vat[ach Attorney for Defendants LAW OFFICES BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville PA 17901 (570) 622-1426 TERRANCE REDDINGTON and CYNTHIA REDDINGTON, h/w vs. MINNIE H. ILGENFRITZ Attorney for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDED NO.: 07-2921 Civil Term DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER 1. Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 2. Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 3. Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 4. Admitted. 5-11. Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraphs constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. COUNT II 12-19. Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraphs constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering defendant, Minnie Ilgenfritz, requests judgment be entered in her favor and against plaintiffs together with interest, counsel fees and costs. COUNT III 20. Answering defendant, Minnie Ilgenfritz, hereby incorporates paragraphs 1 W through 19 above as though same were fully set forth herein. 21. Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering defendant, Minnie Ilgenfritz, requests judgment be entered in her favor and against plaintiffs together with interest, counsel fees and costs. NEW MATTER DIRECTED TO PLAINTIFFS 22. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 23. Plaintiffs have failed to mitigate their damages. 24. If plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were caused by other entities or parties over which answering defendant had no control. 25. Plaintiff's claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 26. Plaintiff voluntarily adopted a dangerous and hazardous method or manner of performing the actions that he was then undertaking when there was available to him a safe method and he thereby assumed the risk of injury in performing his actions. 27. Plaintiffs' claims *are barred, or must be reduced, as a result of plaintiff's own negligence, which was the proximate cause of the incident described in plaintiff's Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102. 28. Plaintiffs' claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 29. Plaintiffs' claims are barred and/or limited by the Pennsylvania Motor Vehicle No- Fault Insurance Act. 30. This Court lacks jurisdiction over the subject matter of the within action. 31. If plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were not proximately caused by any action or failure to act on behalf of answering defendant. 32. Answering defendant avers that plaintiffs' cause of action is barred or limited by the Sudden Emergency Doctrine. 33. The loss of consortium claim of plaintiff, Cynthia Reddington, is derivative of that of plaintiff, Terrance Reddington, and is barred in whole or reduced in part by the comparative negligence of plaintiff, Terrance Reddington. WHEREFORE, answering defendant, Minnie Ilgenfritz, requests judgment be entered in her favor and against plaintiffs together with interest, counsel fees and costs. LAW OFFICES BY: Jeffrey M. Pollock Attorney for Answering Defendant VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for answering defendant in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing ANSWER TOGETHER WITH NEW MATTER and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Jeffrey M. Pollock Q? ?,V DATE: h:.: 71 i ?T T'Tl C^ ? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs V. Minnie H. Ilgenfritz, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE And now, this`(- day of March, 2008, 1 hereby certify that a copy of the foregoing PLAINTIFFS' ANSWERS TO REQUEST FOR PRODUCTION OF DOCUMENTS have been served upon the following, via U.S. First Class Mail: Jeffrey M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 SHOLLENBERGER & JANUZZI, LLP By: Timothy . Shollenberger, Esq. Attorney ID#34343 Russell R. Wert, Esq. Attorney I.D. #206872 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 22 tr 7 71 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs V. Minnie H. Ilgenfritz, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this a?- day of March, 2008, 1 hereby certify that a copy of the foregoing PLAINTIFFS' ANSWERS TO DEFENDANT'S INTERROGATORIES have been served upon the following, via U.S. First Class Mail: Jeffrey M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 SHOLLENBERGER & JANUZZI, LLP By: 14? W Timothy A. Sh enberger, Esq. Attorney ID#34343 Russell R. Wert, Esq. Attorney I.D. #206872 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 23 C'S rv ?? ,, ? . : ;?; . ?? i " -? = _ ;, ,? ?_._ ? F -^z? r.? : , . ;:;,+ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Minnie H. Ilgenfritz, Defendant NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT MINNIE H. ILGENFRITZ AND NOW come the Plaintiffs, Terrance and Cynthia Reddington, by and through their attorneys, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New Matter of Defendant Minnie H. Ilgentritz, and, in support thereof, respectfully represents the following: Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein and made a part hereof as if set forth at length. 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 23. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 24. Said averment is denied pursuant to Pa. R.C.P. 1029(e). Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 1 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 26. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 29. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 31. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 32. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). Shollenberger & Januui, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 2 46 WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. Respectfully Submitted by: Shollenberger & Januzzi, LLP By: Lq I Timothy AASh nberger, Attorney I. D. #34343 Russell R. Wert, Esq. Attorney I.D. # 206872 Date: H- 3-Or' Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 3 w SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Minnie H. Ilgenfritz, Defendant NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this y day of April, 2008, 1 hereby certify that a true and correct copy of Plaintiff's Reply to New Matter of Defendant has been served upon the following via U.S. Mail, postage prepaid, addressed to: Jeffrey M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 SHOLLENBERGER & JANUZZI, LLP ,A ". " By: tip Timothy A. Sholle berger, Esq. Attorney I.D. #34343 Russell R. Wert, Esq. Attorney I.D. # 206872 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 4 9i 1 LAW OFFICES BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Potts ille, PA 17901 (570)11 622-1426 Attorney for Defendant TER NCE REDDINGTON and COURT OF COMMON PLEAS CYN HIA REDDINGTON, h/w OF CUMBERLAND COUNTY VS. JURY TRIAL DEMANDED MINNI E H. ILGENFRITZ NO.: 07-2921 Civil Term PRAECIPE TO AFFIX VERIFICATION TO THE PROTHONOTARY: Kindly affix the attached verification to the Answer and New Matter which was filed with the Court. LAW OFFICES BY: Jeffrey M. Pollock Attorney for Defendant VERIFICATION Minnie Ilgenfritz, hereby deposes and says that I am a defendant herein and that the facts set forth in the foregoing Answer to Complaint are true and to the best of my knowledge, information and belief. is verification is made subject to the penalties of PA. C.S. Section 4904 to unsworn falsification to authorities. Dated: JMP:1 ddingtonllnsAnsComp ?-f C? "' c, C5 .T , M r .C- SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff Terrance Reddington and Cynthia Reddington, Plaintiffs V. Minnie H. Ilgenfritz, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2921 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this a l day of April, 2008, 1 hereby certify that a true and correct copy of the Notice of Deposition of Minnie H. Ilgenfritz has been served upon the following via U.S. Mail, postage prepaid, addressed to: Jeffrey M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 SHOLLE By: v Ti UZZI, LLP Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 3 C7) n,, 1 r-.. . a.;,_(*'"i TERRANCE REDDINGTON and CYNTHIA REDDINGTON, h/w vs. MINNIE H. ILGENFRITZ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDED NO.: 07-2921 Civil Term PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY/CLERK OF COURT: Kindly mark the above-matter "Settle , isconti an nded." *Oeo" By: Timothy A. Shollenber er, squire Shollenger & Januzzi LLP 2225 Millennium Way Enola PA 17025 Attorney I.D. #34343 DISCONTINUANCE AND NOW, this 6&? day of )1AvV , 2008, the above captioned action is hereby marked ENDED, SETTLED and DISCONTINUED with prejudice. By the Court: ., 1. 'A A. , r'. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2921 Civil Term Terrance Reddington and Reddington, Plaintiffs V. Minnie H. Ilgenfritz, Defendant Cynthia CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this 24th day of June, 2008, 1 hereby certify that a true and correct copy of the Praecipe to Discontinue has been served upon the following via U.S. Mail, postage prepaid, addressed to: Jeffrey M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 SHOLLENBERGER & JANUZZI, LLP By: Timothy Shollenberger, Esq. Attorney I.D. #34343 t..- 7 7 ?t ' ` e p i t { } r ^t r ri