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HomeMy WebLinkAbout08-0479V . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAIME PRATT Plaintiff VS. LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY Defendants. No. D$ - '41 CIVIL DIVISION PRECIPE FOR WRIT OF SUMMONS - CIVIL ACTION TO: The Prothonotary . 8V'I t 'Trm'L Please issue Writ of Summons in Civil Action against the above-captioned Defendants and forward the same to the Cumberland County Sheriff. Date: January 17, 2008 Mi&ael'J./C per / Attorneys 'el laint ff CELLINO RNES, P.C. 451 Grider Street Buffalo, NY 14215-3018 (716) 854-2020 Pennsylvania I.D. No. 86799 C Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Jaime Pratt Plaintiff Vs. No 08-479 Lois V. Seamans, William D. Seamans 58 Pulsifer Drive Auburn, NY 13021 and James P. Doeny 3173 Liberty Valley Road Ickesburg, PA 17037 In CivilAction-Law Defendant To Lois V. Seamans, William D. Seamans & James P. Doeny, You are hereby notified that Jaime Pratt the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. 1 (SEAL) Curti R. Lon onotary Date 1/22/08 By Deputy Attorney: Michael J. Cooper, Esquire Name: Address: Cellino & Barnes, PC 451 Grider Street Buffalo, NY 14215 Attorney for: Plaintiff Telephone: 716-854-2020 Supreme Court ID No. 86799 1* 04W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAIME PRATT Plaintiff n. No. 08- N7R vi l - term vs. CIVIL DIVISION LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY Defendants 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 defendant. You may lose your money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 J S 'O L a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAIME PRATT Plaintiffs vs. n Civil No. Cg-,/71 Civi I TerrA LOIS V. SEAMANS : WILLIAM D. SEAMANS and JAMES P. DOENY Defendants COMPLAINT IN CIVIL ACTION AND NOW comes the Plaintiff JAIME PRATT, by her counsel, MICHAEL J. COOPER, of counsel to Cellino & Barnes, P.C., 451 Grider Street, Buffalo, New York, 14215, and files this Complaint against defendants, LOIS V. SEAMANS, WILLIAM D. SEAMANS and JAMES P. DOENY, upon information and belief alleges as follows: 1. That Plaintiff JAIME PRATT is an adult individual residing at 10850 Jordan Road, Jordan, New York 13080. 2. That Defendant LOIS V. SEAMANS is an adult individual residing at 58 Pulsifer Drive, Auburn, New York 13021. 3. That Defendant WILLIAM D. SEAMANS is an adult individual residing at 58 Pulsifer Drive, Auburn, New York 13021 4. That Defendant JAMES P. DOENY is an adult individual residing at 3173 Liberty Valley Road, Ickesburg, Pennsylvania 17037. FIRST CAUSE OF ACTION AS TO DEFENDANTS LOIS V. SEAMANS and WILLIAM D. SEAMANS 5. Plaintiff repeats and reiterates paragraphs 1 through 4 as if set in their entirety herein. 6. On or about May 7, 2006, defendant LOIS V. SEAMANS was the owner of a 1991 Toyota bearing New York State License Plate No. CCH3157. 7. On or about May 7, 2006, defendant WILLIAM D. SEAMANS operated the aforementioned vehicle with the full knowledge and consent of the owner, defendant LOIS V. SEAMANS. 8. On or about May 7, 2006, at approximately 9:04 a.m., plaintiff JAIME PRATT was a front seat passenger in the aforementioned vehicle. 9. On or about May 7, 2006, at approximately 9:04 a.m., defendant JAMES P. DOENY was the owner and operator of a 1989 Honda bearing Pennsylvania State License Plate No. FTJ6297. 10. On or about May 7, 2006 at approximately 9:04 a.m., defendant WILLIAM SEAMANS operated the 1991 Toyota on Wertzville Road at or near its intersection with Surryside Drive in the Town of Middlesex, County of Cumberland and State of Pennsylvania. 11. On or about May 7, 2006 at approximately 9:04 a.m., defendant JAMES P. DOENY'S vehicle collided with the vehicle operated by defendant WILLIAM D. SEAMANS as WILLIAM D. SEAMANS attempted to make a left hand turn onto 2 Surryside Drive from Wertzville Road in the Town of Middlesex, County of Cumberland and State of Pennsylvania. 12. That as result of the collision of the parties hereto, Plaintiff JAIME PRATT has suffered serious bodily injury including, but not limited to: a. Right hip flexor strain. b. Bilateral hip pain. C. Thigh sprain. d. Pelvic injury. e. SI joint pain. f. Lumbar strain. g. Back pain. h. Cervical strain i. Neck pain. j. Headaches. 13. That Plaintiff JAIME PRATT suffered bodily injuries, severe pain and suffering, work loss and the loss of life's pleasures in the past, present and into the future. 14. That the injuries to Plaintiff JAIME PRATT directly resulted from the negligence of the Defendant, LOIS SEAMANS: a. Failed to properly supervise the driver of their vehicle. b. Failed to perform a sufficient background investigation of William D. Seamans' driving skills before letting him use the vehicle. 3 C. Failed to maintain a proper lookout for other vehicles on the highway, including defendant JAMES P. DOENY's vehicle. d. Failed to properly instruct William D. Seamans as to proper safe driving techniques. e. Failed to maintain his vehicle in proper working condition. f. Failed to inquire William of the road at the and applicable rules time and place of the occurrence. 16. That the injuries to Plaintiff JAIME PRATT directly resulted from the negligence of the Defendant, WILLIAM D.SEAMANS: a. Failed to yield the right of way. b. Failed to maintain a proper lookout for other vehicles on the highway, including defendant JAMES P. DOENY's vehicle. c. Failed to divert his vehicle into an alternate path of travel in order to avoid the accident. d. Failed and omitted to be reasonably alert. e. Failed and omitted to use proper and adequate care when approaching an intersection. f. Failed and omitted to warn of his approach. g. Used the brakes of his vehicle in such a careless and negligent manner as to fail to slow down and/or stop his vehicle. h. Failed and omitted to make proper use of his vehicle's brakes, lights, steering, horn and other safety devices. 4 SECOND CAUSE OF ACTION AS TO DEFENDANT JAMES P. DOENY 17. Plaintiff repeats and reiterates paragraphs 1 through 16 as if set in their entirety herein. 18. On or about May 7, 2006, plaintiff JAIME PRATT was a passenger in a vehicle operated by defendant WILLIAM D. SEAMANS which was traveling on Wertzville Road at or near its intersection with Surryside Drive in the Town of Middlesex, County of Cumberland and State of Pennsylvania. At that time WILLIAM D. SEAMANS attempted to make a left hand turn onto Surryside Drive from Wertzville Road in the Town of Middlesex, County of Cumberland and State of Pennsylvania. 19. That as result of the collision of the parties hereto, Plaintiff JAIME PRATT has suffered serious bodily injury including, but not limited to low back pain; neck pain; tinnitus; headaches; bilateral hip pain and weakness in legs. 20. That Plaintiff JAIME PRATT suffered bodily injuries, severe pain and suffering, work loss and the loss of life's pleasures in the past, present and into the future. 21. That the injuries to Plaintiff JAIME PRATT directly resulted from the negligence of the Defendant JAMES P. DOENY: a. Failed to drive at a speed that was reasonable and prudent considering the conditions then and there prevailing; b. Failed to maintain a proper lookout for other vehicles on the highway, including defendant WILLIAM D. SEAMANS' vehicle. c. Failed to yield the right of way. 5 . d. Failed to have his vehicle under control. e. Failed to divert his vehicle into an alternate path of travel in order avoid the accident. to f. Failed and omitted to be reasonably alert. g. Failed and omitted to use proper and adequate care whe approaching an intersection. n h. Failed and omitted to warn of his approach. i. Used the brakes of his vehicle in such a careless and ne li manner as to fail to slow down and/or stop his vehicle. g gent j. Failed and omitted to make proper use of his vehicle's brake lights, steering, horn and other safety devices. s' WHEREFORE, Plaintiff claims damages against the Defendant SEAMANS, WILLIAM D. SEAMANS and JAMES P. DOE Defendants LOTS V. NY for an unliquidated sum of damages in excess of the jurisdictional amount requiring arbitratio Count n in Cumberland y, plus interest costs of suit and delay damages as may be recoverable Pennsylvania Rules of Civil Procedure. under the ,,. Urt , ESQ. CELLINO & RN , P.C. 451 Grider treet Buffalo, New York 14215 (716) 854-2020 Pennsylvania I.D. No. 867,99 Dated: January 17, 2008 6 r.a t? n > f -J G"7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00479 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRATT JAIME VS SEAMANS LOIS V 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: but was unable to locate Him deputized the sheriff of PERRY serve the within SUMMONS AND COMPLAINT On January 31st , 2008 , t attached return from PERRY Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 34.15 Sheriff of Cumberland County Postage 75 01/31/2008 CELLINO & BARNES Sworn and subscribe to before me this day of s office was in receipt of the in his bailiwick. He therefore County, Pennsylvania, to A. D. SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2008-478 Cumberland County Jaime Pratt VS James P. Doeny 3173 Liberty Valley Rd. Ickesburg, PA 17037' Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit James P. Doeny, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons for the above named Defendant(s) James P. Doeny at 3173 Liberty Valley Rd. Ickesburg, PA 17037. NOT FOUND. DEFENDANT MOVED FROM THIS ADDRESS OVER ONE YEAR AGO. Sincerely, z 0 2e-y r , /0% a Sworn and subscribed to before me this 30A day of TaAu&,-,4 , 2008. a4 Carl E. Nace Sheriff of Perry County NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Jaime Pratt vs. Lois V. Seamans et al SERVE: James P. Doeny No. 08-479 civil Now, January 28, 2008 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT 4 the contents thereof. County, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION JAIME PRATT, Plaintiff, vs. No. 08-479 CIVIL DIVISION LOIS V. SEAMANS, WILLIAM D. SEAMANS and JAMES P. DOENY, Defendants. PRECIPE TO REINSTATE - CIVIL ACTION TO: The Prothonotary Please Reinstate the Complaint in the above captioned matter. Date: February 25, 2008 Michael J. (10 r Attorneys for aintiff CELLINO & ARNES, P.C. 451 Grider Street Buffalo, NY 14215-3018 (716) 854-2020 Pennsylvania I.D. No. 86799 C"J ?,' h `? ? ? ? ? --? O ? ? ?? ?? 4 ? V ? ? ??p? •'? y` YA( i ?? ?? ?? RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire Identification No. 31642 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 JAIME PRATT V. LOIS V. SEAMANS, WILLIAM D. SEAMANS JAMES P. DOENY Attorneys for Defendants, Lois V. Seamans and William D. Seamans COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CIVIL TERM NO. 08-479 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendants, Lois V. Seamans and William D. Seamans, only, in the above-captioned action. RAWLE & HENDERSON LLP By: 1?t:a g'e Fred B. Buck, Esquire Attorneys for Defendants, Lois V. Seamans and William D. Seamans The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 2306590-1 ,'. ri r u n t ?- .F w. rrj .„,, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00479 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRATT JAIME VS SEAMANS LOIS V 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: DOENY (DEENY) JAMES P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within SUMMONS AND COMPLAINT On March 13th , 2008 this office was in receipt of the attached return from PERRY Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 33.10 Sheriff of Cumberland County Postage 1.55 71.65 ? 3?fB?pP 03/13/2008 CELLINO & BARNES Sworn and subscribe to before me this day of , A. D. 1 . • -.. In The Court of Common Pleas of Cumberland County, Pennsylvania Jaime Pratt vs. Lois V. Seamans et al 08-479 civil SERVE: James P. Dpeny/ Dory No. Now, March 6, 2008 , 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 Please mail return of service to Cumberland County Sheriff. Thank you-. Affidavit of Service Now, March 1 1 , 20 08 , at 11:15 o'clock A M. served the within Re-Instated Complaint upon James P. Doeny(Deeny) at Perry County Sheriffs Office-New Bloomfield, PA 17068 by handing to James P. Deeny/Doeny, Defendant a True & Attested copy of the original Re-Instated Complaint and made known to Him the contents thereof. So answers, Donald E. Sm'th Chief Deputy riff of Perry County, PA Sworn and subscribed before me this day of jhd,(A20 OF COSTS SERVICE _ MILEAGE _ AFFIDAVIT MARGARET F. FLICNNGER, Notary Public 8100mtield Bono. Perry County My Commission Iran Fa), .18 gN FRANCIS R. GARTNER & ASSOCIATES BY: Joseph P. Birmingham, Esquire Identification No. 88210 10 Sentry Parkway, Suite 301 Attorney for Defendant Blue Bell, PA 19422 James P. Deeny (improperly (215) 274-1720 designated as James P. Doeny) JAIME PRATT COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY, PA LOIS V. SEAMANS AND : NO. 08-479 WILLIAM D. SEAMANS AND JAMES P. DOENY ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, James P. Deeny (improperly designed as James P. Doeny) in the above matter. A jury of twelve (12) persons is hereby demanded. FRANCIS R. GARTNER & ASSOCIATES BY: ? r seph P. Birmingham, E ire Attorney for Defendant James P. Deeny t) ?, ?::, s-? ? `?,r ? ?` '? ._ -?-? ria ,- ???--?-? ?., ; c ?, .. tray j me 7 Lt! P U- Cg. 1= ED FRANMR. BY: Joseph P. Identification ? 10 Sentry Pad Blue Bell, PA (215) 274-172 TO PLAINTIFF: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW WITHIN TWENT (20) DAYS FROM SERVICE HEREOF. {J6seph P. irmingham, Esquire ARTNER & ASSOCIATES Birmingham, Esquire o.88210 way, Suite 301 19422 Attorney for Defendant James P. Deeny (improperly designated as James P. DoE JAIME PRATT Vs. LOIS V. SE WILLIAM D JAMES P. I AND S AND COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY, PA NO. 08-479 DEFENDANT JAMES P. DEENY (incorrectly designed as JAMES P DOENY)'S ANSWER WITH NEW MATTER TO THE PLAINTIFF'S COMPLAINT After reasonable investigation, the Defendant is without knowledge or information sl said allegatio 2. information si said allegatio nt to form a belief as to the truth or falsity of the allegations contained herein. Thus, are deemed denied, with strict proof demanded at time of trial. ied. After reasonable investigation, the Defendant is without knowledge or to form a belief as to the truth or falsity of the allegations contained herein. Thus, are deemed denied, with strict proof demanded at time of trial. 3. information s said allegatio 4. 5 Denied. After reasonable investigation, the Defendant is without knowledge or to form a belief as to the truth or falsity of the allegations contained herein. Thus, are deemed denied, with strict proof demanded at time of trial. Admitted. FIRSTCAUSE OF ACTION AS TO DEFENDANTS LOIS VS. SEAMANS AND WILLIAM D. SEAMANS Answering Defendant hereby incorporates by reference his answer to paragraphs 1 through 4 as if though fully set forth herein at length. 6.-16. No responsive pleadings are required as the contentions in this paragraph are directed to a required, Pennsylvania 17. SECOND CAUSE OF ACTION AS TO DEFENDANT JAMES P. DEENY (INCORRECTLY DESIGNATED AS JAMES P. DEENY) Defendant hereby incorporates by reference his answers to paragraphs 1 through 16 as if though fully set forth herein at length. 18. Admitted. 19. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained herein. Thus, said allegations are deemed denied, with strict proof demanded at time of trial. 20. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained herein. Thus, other than the answering Defendant. To the extent that a responsive pleading is Defendant hereby denies the allegations in these paragraphs pursuant to of Civil Procedure 1029(e). said allegations are deemed denied, with strict proof demanded at time of trial. r 21.(a)?(j) Denied. The allegations contained in Paragraph 21 of Plaintiffs Complaint contain conclusions of law to which no responsive pleading is required. WHEREFORE, Answering Defendant JAMES P. DEENY demands judgment in his favor and against all other parties to this action, along with costs and fees associated with the defense of this matter Os well as any other relief which this Court deems just and proper. NEW MATTER 22. negligence. 22. Pennsylvania 23. Plaintiffs claims may be barred in whole or in part by the Plaintiffs own contributory Plaintiffs claims may be barred in whole or in part by the provisions of the rative Negligence Act. Plaintiffs claims may be barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act including, but not limited to, Section 1705 and Section 1722. 24. Plaintiffs claims may be barred in whole or in part by the applicable Statute of Limitations. 25. Plaintiffs claims may be barred in whole or in part by the execution of a Release. 26. Plaintiffs claims may be barred in whole or in part by the doctrines of res judicata and/or collateral estoppel. WHEREFORE, Answering Defendant, James P. Deeny, demands judgment in his favor. NEW MATTER CROSS-CLAIM AGAINST DEFENDANT, WILLIAM D. SEAMSN 27. Seamans due which is incorf 27. Defendant, Wi Plaintiff, or liat and recklessn( injuries. WHER indemnity agai Should any of Plaintiffs losses be proven, liability is that of Defendant William D. his negligence, carelessness and recklessness as set forth in Plaintiffs Complaint herein by reference and re-alleged against this Defendant. Should Plaintiffs losses be proven, Defendant James Deeny herein asserts that liam D. Seamans is alone liable to the Plaintiff or jointly or severally liable to the over to Defendant, James Deeney directly inasmuch as the negligence, carelessness of Defendant, Williams D. Seamans was the cause of the accident and Plaintiffs Defendant, James Deeny, demands judgment by way of contribution and/or full Defendant, William D. Seamans. F R. GARTNER & ASSOCIATES BY: eph P. Birmingham, Esquire Attorney for Defendant James P. Deeny Pratt vs. Deenv VERIFICATION Deeny, the Defendant herein makes this Verification and states that the statements made in the foregoing are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: Zl-;-O e ra -z i_ - rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAIME PRATT, Plaintiff, vs. No. 08-479 LOIS V. SEAMANS, WILLIAM D. SEAMANS and JAMES P. DOENY, Defendants. Type of Document: Reply to New Matter Filed on behalf of: Plaintiff Counsel of Record for this Party: Michael J. Cooper, Esq. CELLINO & BARNES, P.C. 451 Grider Street Buffalo, New York 14215 Phone (716) 854-2020 Fax (716) 854-6291 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAIME PRATT, vs. Plaintiff, No. 08-479 LOIS V. SEAMANS, WILLIAM D. SEAMANS and JAMES P. DOENY, Defendants. REPLY TO NEW MATTER AND NOW, come plaintiff, by her attorneys, Cellino & Barnes, P.C., and filed the within Reply to New Matter of defendant, James Doeny, averring as follows: 1. Paragraph 22 of defendant's New Matter is denied generally under Pa.R.C.P. Rule 1029(E). It is further denied as a conclusion of law to which no Reply is required. 2. Paragraph 23 of defendant's New Matter is denied generally under Pa.R.C.P. Rule 1029(E). It is further denied as a conclusion of law to which no Reply is required. 3. Paragraph 24 of defendant's New Matter is denied generally under Pa.R.C.P. Rule 1029(E). It is further denied as a conclusion of law to which no Reply is required. 4. Paragraph 25 of defendant's New Matter is denied generally under Pa.R.C.P. Rule 1029(E). It is further denied as a conclusion of law to which no Reply is required. 5. Paragraph 26 of defendant's New Matter is denied generally under Pa.R.C.P. Rule 1029(E). It is further denied as a conclusion of law to which no Reply is required. WHEREFORE, plaintiff demands judgment in her favor, as set forth in her Complaint. Respectfully submitted: CELLINO & BAR P. C. By Michael per, q. 451 Gr' a treet Buffalo, N York 14202 (716) 854-2020 ID# 86799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAIME PRATT, Plaintiff, vs. No. 08-479 LOIS V. SEAMANS, WILLIAM D. SEAMANS and JAMES P. DOENY, Defendants. VERIFICATION I, Michael J. Cooper, hereby depose and state that I am the attorney for the plaintiff, Jaime Pratt, herein and that the averments set forth in the foregoing Reply to New Matter are true and correct, not of my own knowledge, but from information supplied to me by the plaintiff, Jaime Pratt, and that the purpose of this verification is to expedite the litigation. A verification executed by the plaintiff will be supplied if demanded. This verification is made subject to the penalties of 18 PA.C.S.C. §4904 relating to intentional falsification to authorities. Dated: April 11, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAIME PRATT, Plaintiff, vs. No. 08-479 LOIS V. SEAMANS, WILLIAM D. SEAMANS and JAMES P. DOENY, Defendants. NOTICE OF SERVICING REPLY TO NEW MATTER On the 11 to day of April, 2008, the Plaintiff's Reply to New Matter was served upon Joseph P. Birmingham, Esq., at Law Offices Francis R. Gartner & Associates, 10 Sentry Parkway, Suite 301, Blue Bell, Pennsylvania 19422 by depositing same enclosed is postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United State Postal Department. _j 'W"4 - Patricia Szczesn4l 0 Sworn to before me this 11 m day of 40, 2008. MiCI. COOPER, Esq. Notary I'ic State of New Yorlt a idied in Erie County My commission Expires Feb. 23, a• . tJ FTi fTI Y4 UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant JAIME PRATT Plaintiff VS. LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants Attorneys for Plaintiff, James P. Deeny IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 08-479 PETITION FOR CONSOLIDATION OF ACTIONS Petitioner, James P. Deeny, by and through his attorneys, Unruh, Turner, Burke & Frees, P.C., hereby files this Petition for Consolidation of Actions and, in support thereof, avers as follows: I . Petitioner, James P. Deeny, is the Plaintiff in James P. Deeny vs. William D. Seamans, Cumberland County Civil Action No. 07-2497 ("2007 Action"), a personal injury action filed on April 30, 2007. 2. Petitioner is also a Defendant in Jaime Pratt vs. Lois V. Seamans, William D. Seamans and James P. Doeny (sic), Cumberland County Civil Action No. 08-479 ("2008 Action"), a personal injury action filed on January 29, 2008. 3. Both the 2007 Action and the 2008 Action arise out of the same automobile collision which occurred in Cumberland County on May 7, 2006. 4. The 2007 Action and the 2008 Action involve common questions of law and fact. 5. Counsel representing all parties in the both actions have agreed that the 2007 Action and the 2008 Action be consolidated for purposes of discovery and trial and have executed a Stipulation to that effect which is attached hereto, incorporated herein by reference and marked as Exhibit "A." 6. Pursuant to Pa. R.C.P. 213, the Court may order the consolidation of actions where there are common questions of law and fact and where there is no prejudice to the parties by joining the actions. 7. As evidenced by the aforesaid Stipulation of counsel, consolidation of these actions will not prejudice any substantial right of any party. Further, consolidation will avoid the unnecessary delay and expense of separate trials. WHEREFORE, Petitioner, James P. Deeny, respectfully requests that these two civil actions (Cumberland County Civil Action Nos. 07-2497 and 08-479) be consolidated for purposes of discovery and trial at Cumberland County Civil Action No. 07-2497. Respectfully submitted, BURKE & FREES, P.C. BY: v vc.c.-o ST HEN P. LAGO Attorney for PetitiorA James P. Deeny VERIFICATION I am counsel to Petitioner and make this verification on Petitioner's behalf because Petitioner lacks sufficient knowledge or information to do so. I verify that the facts set forth in the foregoing Petition for Consolidation of Actions are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C. S. §4904, relating to unsworn falsification to authorities. Date: ST PHEN P. LA Attorney for Petit James P. Deeny JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT Plaintiff vs. LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 08-479 STIPULATION TO CONSOLIDATE ACTIONS It is hereby stipulated and agreed by the undersigned counsel representing all parties in the above-captioned actions that said actions be consolidated for purposes of discovery and trial. Unru,44,urner, Burke & Frees, P.C. BY: Stlephen P. Lagoy,(Es juire Attorney for Plain ' , James P. Deeny in Civil Action No. 07-2497 Dated: I ll 1 0 K r-- Rawle & Henderson, LLP BY: Fred Buck, Esquire Attorney for Defendant William D. Seamans in Civil Action No. 07-2497 Also Attorney for Defendan EEXHIBIT William D. Seamans and Lois V. Seamans in Civil Action No. 08-479 Dated: !3 ) 3)1011 Francis R. Gartner and Associates Cellino & Barnes, P.C. BY: Cv/ _ oseph P. Bi ingham, quire Attorney for Defendant James P. Deeny in Civil Action No. 08-479 Dated: ??C ?3 BY: per, Eoui? Michael J.(C?Iaintiff Attorne ¢or 'Jaime Pratt in Civil Action No. 08-479 Dated: y UNRUH, TURNER, BURKE & FREES, P.C BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant : Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVIL ACTION - LAW : NO. 07-2497 : JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW LOIS V. SEAMANS : NO. 08-479 WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants CERTIFICATION OF SERVICE This is to certify that a true and correct copy of Petitioner/Plaintiff, James P. Deeny's Petition for Consolidation of Actions in the above-captioned matters has been served by United States First Class Mail, Postage Prepaid, on the /7 -01 day of April, 2008 as follows: Fred B. Buck, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Attorney for Defendant William Seamans in Civil Action No. 07-249 And Attorney for Defendants William D. Seamans and Lois V. Seamans in Civil Action No. 08-479 Joseph P. Birmingham, Esquire Francis R. Gartner and Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-1969 Attorney for Defendant, James P. Deeny in Civil Action No. 08-479 Michael J. Cooper, Esquire Cellino & Barnes, P.c. 451 Grider Street Buffalo, NY 14215 Attorney for Plaintiff, Jaime Pratt in Case No. 08-479 Unruh,/rurner\Burke & Frees, P.C. By: ?-/ L Steph n P. Lagoy, Atto v for Petiti James P. Deeny in Cak-N-o. 07-2497 S t? rr •tr? r Y ..l MR22M e_? JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW LOIS V. SEAMANS : NO. 08-479 WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants ORDER Upon consideration of the within Petition for Consolidation of Actions and the Stipulation of Counsel in the above- captioned actions, it is hereby ORDERED and DECREED that said actions be and the same are hereby consolidated for purposes of discovery and trial at Case No. 07-2497. /?M'7 LS Lo oP BY THE COURT: t177, w a.+ UNRUH, TURNER, BURKE & FREES, P.C BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant Attorneys for Plaintiff, James P. Deeny IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT Plaintiff VS. LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 08-479 PETITION FOR CONSOLIDATION OF ACTIONS Petitioner, James P. Deeny, by and through his attorneys, Unruh, Turner, Burke & Frees, P.C., hereby files this Petition for Consolidation of Actions and, in support thereof, avers as follows: 1. Petitioner, James P. Deeny, is the Plaintiff in James P. Deeny vs. William D. Seamans, Cumberland County Civil Action No. 07-2497 ("2007 Action"), a personal injury action filed on April 30, 2007. 2. Petitioner is also a Defendant in Jaime Pratt vs. Lois V. Seamans, William D. Seamans and James P. Doeny (sic), Cumberland County Civil Action No. 08-479 ("2008 Action"), a personal injury action filed on January 29, 2008. 3. Both the 2007 Action and the 2008 Action arise out of the same automobile collision which occurred in Cumberland County on May 7, 2006. 4. The 2007 Action and the 2008 Action involve common questions of law and fact. 5. Counsel representing all parties in the both actions have agreed that the 2007 Action and the 2008 Action be consolidated for purposes of discovery and trial and have executed a Stipulation to that effect which is attached hereto, incorporated herein by reference and marked as Exhibit "A." 6. Pursuant to Pa. R.C.P. 213, the Court may order the consolidation of actions where there are common questions of law and fact and where there is no prejudice to the parties by joining the actions. 7. As evidenced by the aforesaid Stipulation of counsel, consolidation of these actions will not prejudice any substantial right of any party. Further, consolidation will avoid the unnecessary delay and expense of separate trials. WHEREFORE, Petitioner, James P. Deeny, respectfully requests that these two civil actions (Cumberland County Civil Action Nos. 07-2497 and 08-479) be consolidated for purposes of discovery and trial at Cumberland County Civil Action No. 07-2497. Respectfully submitted, BURKE & FREES, P.C. BY: v vc. ST HEN P. LA Attorney for Petit James P. Deeny VERIFICATION I am counsel to Petitioner and make this verification on Petitioner's behalf because Petitioner lacks sufficient knowledge or information to do so. I verify that the facts set forth in the foregoing Petition for Consolidation of Actions are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. Date: 1 " Attorney for Pet James P. Deeny JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT Plaintiff vs. LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 08-479 STIPULATION TO CONSOLIDATE ACTIONS It is hereby stipulated and agreed by the undersigned counsel representing all parties in the above-captioned actions that said actions be consolidated for purposes of discovery and trial. Unru?urner, Burke & Frees, P.C. BY: Stephen P. Lagoy,(Esjuir Attorney for Plain V,, James P. Deeny in Civil Action No. 07-2497 Dated: ! l l O T Rawle & Henderson, LLP BY: Fred Buck, Esquire Attorney for Defendant William D. Seamans in Civil Action No. 07-2497 Also Attorney for Defendan EXHIBIT William D. Seamans and Lois V. Seamans in Civil Action No. 08-479 Dated: ,313-) 1 OX Francis R. Gartner and Associates Dated: Cellino & Barnes, P.C. BY: oseph P. Bi ingham, quire Attorney for Defendant James P. Deeny in Civil Action No. 08-479 BY: Michael J. C E u Attorney or 7per, ainti Jaime Pratt in Civil Action No. 08-479 Dated: y UNRUH, TURNER, BURKE & FREES, P.C BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff vs. WILLIAM D. SEAMANS Defendant : Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW LOIS V. SEAMANS : NO. 08-479 WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants CERTIFICATION OF SERVICE This is to certify that a true and correct copy of Petitioner/Plaintiff, James P. Deeny's Petition for Consolidation of Actions in the above-captioned matters has been served by United States First Class Mail, Postage Prepaid, on the /7 ` day of April, 2008 as follows: Fred B. Buck, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Attorney for Defendant William Seamans in Civil Action No. 07-249 And Attorney for Defendants William D. Seamans and Lois V. Seamans in Civil Action No. 08-479 Joseph P. Birmingham, Esquire Francis R. Gartner and Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-1969 Attorney for Defendant, James P. Deeny in Civil Action No. 08-479 Michael J. Cooper, Esquire Cellino & Barnes, P.c. 451 Grider Street Buffalo, NY 14215 Attorney for Plaintiff, Jaime Pratt in Case No. 08-479 By: Unruh, urner, Burke & Frees, P.C. Steph n P. Lagoy, Eq ' e Atto y for Petition /Plai tiff, James P. Deeny in Cad; o. 07- 49 C D `.`'. -71 L??1?? A4h RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire Identification No. 31642 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 JAIME PRATT V. LOIS V. SEAMANS, WILLIAM D. SEAMANS JAMES P. DOENY Attorneys for Defendants, Lois V. Seamans and William D. Seamans COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CIVIL TERM NO. 08-479 STIPULATION IT IS HEREBY stipulated and agreed by and between the undersigned counsel that Lois Seamans is hereby dismissed as a party-defendant in the above- captioned case with prejudice. CELLINO & BARNES, P.C. By: 451 14215-3018 Attorneys for Plaintiff, Jaime Pratt FRANCIS R. GARTNER AND ASSOCIATES Joseph . Birmi am, Esquire Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorneys for Defendant, James Deeny 2558518-1 RAWLE & HENDERSON LLP By: Fred B. Buck The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendants, Lois V. Seamans and William D. Seamans Dated: 2558518-1 2 ,t WILLIAM J. FERREN & ASSOCIATES BY: Joseph P. Birmingham, Esquire Identification No. 88210 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 # (215) 274-1700 Attorney for Defendant, James P. Deeny JAIME PRATT V. LOIS V. SEAMANS, WILLIAM D. SEAMANS JAMES P. DOENY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION NO. 08479 ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this matter as settle, discontinued and ended. CELLINO & BARNES, P.C. By: Michael J oope , Esquire Attome or Plairfttiff, Jamie Pratt RAWLE & HENDERSON, LLP By: Frederick B. Buck, Esquire Attorney for Co-Defendants, Lois V. Seamans & William D. Seamans WILLIAM J. FERREN & ASSOC. By: fiozzL- Joseph P. Birmingh , Esquire Attorney for Defendant, James P. Deeny FILED-OFFICE OF THE PECTI-'ONOTARY 2009 MAY I I PH 3: 58