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HomeMy WebLinkAbout08-4687 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Sheryl Smith 374 Edmonds Avenue _ 4(v87 Drexel Hill, PA 19026 V. Bradley Branch and Lisa Branch, H/W 2508 Lewisberry Road York Haven, PA 17370-9533 &'jZ(TerK aviso - 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 AN 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 IlVIPORTANT 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 THE TELEPHONE OR 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 1-800-990-9108 717-249-3166 t , Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA SHERYL SMITH 374 Edmonds Avenue Drexel Hill, PA 19026 V. BRADLEY BRANCH and LISA BRANCH, h/w 2508 Lewisberry Road York Haven, PA 17370-9533 NOTICE CIVIL ACTION - COMPLAINT 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. No. D,v yG F 7 T-4 - AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no Be defiende la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas la corte puede decidir a favor del demandante y requiere clue usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. 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. 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. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER'S REFERRAL SERVICE Cumberland County Bar Association Carlisle, PA 17013 1-800-990-9108 717-249-3166 P 1. Plaintiff, Sheryl Smith, is an adult individual citizen and resident of the Commonwealth of Pennsylvania, who resides at 374 Edmonds Avenue, Drexel Hill, PA 19026. 2. Defendant, Bradley Branch, is an adult individual citizen and resident of the Commonwealth of Pennsylvania, who resides at 2508 Lewisberry Road, York Haven, PA 17370- 9533. 3. Defendant, Lisa Branch, is an adult individual citizen and resident of the Commonwealth of Pennsylvania, who resides at 2508 Lewisberry Road, York Haven, PA 17370- 9533. 4. At all times material hereto, defendants Bradley Branch and Lisa Branch, h/w, were the owner and/or trainer and/or possessor of a large mixed breed 2 year old dog named Roxy, which caused plaintiff injuries and/or damages herein below set forth. 5. At all times material hereto it was the duty of the defendants to adequately restrain the aforesaid dog so that it would not be a danger to the public in general and the plaintiff, in particular, who was on public property in the area at the time of the incident herein described. 6. Defendants dog was of a vicious nature and disposition, which was known or should have been known by Defendants. 7. At all times material hereto, defendants dog was not on a leash or otherwise under any form of restraint. 8. On or about August 12, 2006, while attending an outing with friends on the banks of the Susquehanna River, plaintiff was viciously bitten by the aforesaid dog causing the injuries hereinbelow set forth. 9. At all times material hereto defendants were negligent, careless and reckless in their conduct in that they did not have the dog under any restrain whatsoever, or under sufficient restraint, or had taken no precautions, or sufficient precautions, to prevent their dog from attacking plaintiff, or other persons lawfully in the area. 10. The incident which occurred on August 12, 2006 was caused solely by the negligence of the defendants and in no manner was caused by the plaintiff. 11. As a direct and proximate result of the negligence of defendants, plaintiff Sheryl Smith suffered serious injuries, including but not limited to, a gash on the tip of her nose and left nostril, swelling, bruising and extreme pain, nervousness and mental anguish as well as shock to her nerves and nervous system, all to her great detriment and loss. 12. As a further direct and proximate result of the negligence of defendants, plaintiff has been forced and may be for an indefinite time in the future, to undergo medical treatment and care, all to her great detriment and loss. 13. The aforesaid negligence of defendants consisted of the following: a. failing to use reasonable prudence and care to keep the said dog on a leash; b. failing to use reasonable prudence and care to keep the said dog otherwise restrained and away from the plaintiff, c. disregarding the rights and safety of plaintiff and other persons lawfully in public area; d. failing to warn plaintiff of the dangerous and vicious nature of their dog; and e. otherwise failing to exercise due care under the circumstances. 14. As a direct and proximate result of the foregoing, plaintiff, Sheryl Smith, suffered the injuries as described above. WHEREFORE, plaintiff, Sheryl Smith, demands judgment in her favor and against the defendant in an amount not in excess of $50,000.00, together with the costs of this suit and reasonable attorney's fees. PHILIP A. AMPOLSKY, ESQUIRE I.D. #34711 632 Montgomery Avenue, Suite 300 Narberth, PA 19072 610-747-0222 VERIFICATION I, Sheryl Smith, verify that the statements made in the within Civil Action - Complaint are true and correct to the best of my own personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATE: (? U SHERYL SMITH S:\FORMS\Pleadings\clientverification.wpd 0 00 W - N? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, CIVIL DIVISION Plaintiff, NO. 08 - 4687 V. PRAECIPE FOR APPEARANCE BRADLEY BRANCH and LISA BRANCH, h/w, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4687 BRADLEY BRANCH and (Jury Trial Demanded) LISA BRANCH, h/w, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendants, Bradley Branch and Lisa Branch, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & WEEL, L.LA By: bvin D. R§uch, Esquire ounsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this a?Lday of August, 2008. Philip A. Yampolsky, Esquire 632 Montgomery Avenue, Suite 300 Narberth, PA 19072 SUMMERS, McDONNELL, HU GUTHRIE & SKEEL. L.L-P. i By: n IT Rauch, Esquire nsel for Defendants °? , C? ? ? '? C'- ? _.? -art a ..? ?"?" ? }?: -;: G SHERIFF'S RETURN - OUT OF COUNTY • COASE NO: 2008-04687 P --- COMMONWEALTH OF PENNSYLVANIA: 77- COUNTY OF CUMBERLAND 7. SMITH SHERYL VS BRANCH BRADLEY 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 in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 2nd , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So an rs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. T as K ine Dep York County 46.80 S r'ff of Cumberland County Postage 1.69 ? q?o4/ 85.49 09/02/2008 PHILIP YAMPOLSKY Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04687 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH SHERYL VS BRANCH BRADLEY 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: BRANCH LISA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 2nd , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So ans s: Docketing 6.00 Out of County .00 Surcharge 10.00 S T as K in .00 ri f of Cumberland County .00 16.00 9?b?ID 09/02/2008 PHILIP YAMPOLSKY Sworn and subscribe to before me this day of , A. D. 7 • • 4- PENNY PRESS OF YORK, ING. Ph (717) 843-4078 Fax (717) 848-1360 1 OF 2 COUNTY OF YORK CE CAL OFFICE OF THE SHERIFF S(R;1; 19601L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE MTf=TKM PROCESS RECEIPT and AFFIDAVIT OF RETURN FIX SE TYPE ONLY LNE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2. COURT NUMBER Sheryl Smith 08-4687 civil 4 TYPE OF WRIT OR COMPLAINbOTICE , CICA 3. DEFENDANT/S/ Bradley Branch Notice & CaTplaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Bradley Branch 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO.. CITY, BORO, TWP, STATE AND ZIP CODE) AT 2508 Lewisberry Road York Haven, PA 17370 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE DEPUTIZE D RT. IL O 1ST CLASS MAIL O POSTED D OTHER NOW August 11 2008 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of Yor COUNTY to execute this Wsl ??iurn thereof ing to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF VWCOUWY_ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF CO. CLBnberl Please mail return of service to Cumberland County Sheriff. Thank you. ADV PRE PATD RV ATTV NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREPH ILI P A. YAMPOLS KY , E 16 ; ELEPHONE NUMBER 11. DATE FILED 632 MONTGOMERY AVE., STE. 300, NARBERTH, PA 19072 ?610-747-n9221 8-4-2008 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM ILS& 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J MC G I LL YC S O 8-13-2008 19-3-08 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. TITLE OF INDIVIDU L SERVED / LIST ADDRESS 11E IF NOT SHOWN ROVE (Relationship to Def ant) 19. Date of Service 20 Time of Service w t? Q??a y; i2 21 22. Date Time Miles Int Date Time Miles Int. Date Time Mil Int. Date Time Miles Int. Dale Time Miles Int. ostage 28. Sub Total 29. Pound 30 Notary 31. Surcttg. 32. Tot. Costs 33 Costs Due elaand Check No. 1317. a .®o • 37 Notary Cert ;"Neage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage ;100.00 a14 ^66 116 e 34. FwWon County Costs 35. Advance Costs 36 Service Ci 41. AFFIRMED and subscribed to 42. day of -i_ .2o-0-84 C' FL 7th SO ANSWERS re me th 44. nature t ep ` 2' /t' P 4 QAT p. ? 6b0 .Sherif D t e ?- - - 46. Sign atureof York . 47. DATE SE 3t{C County Sheriff SH IF KEUE R RICHARD P 8-27-2008 : , . ,K Y _.. . n ')nnca 48. Signature of Foreign 49 DATE PENNY PRESS OFYORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF SER )i771 9601E 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PLEASE TYPE ONLY LNE 1 THM 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN 04 NOT MUCH ANY COMS 1 PLAINTIFF/S/ Sheryl Smith 12 COURT NUMBER 08_4687 civil - 3 DEFENDANTS/ 4. ITrt VrWKI1 ur um"NOTICE, Notice & Ccrnplaint • CICA SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Tina Branch 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO. TWP .STATE AND ZIP CODE) AT t qcm Tewj-sbe3= Road York Haven PA 17370 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE 11DEPUTIZE O C RT. MAIL U 1 ST CLASS MAIL O POSTED O OTHER NOW 20 I, SHERIFF OF JENtMNITY, PA, do hereby deputize the sheriff of York COUNTY to execute thi ti ke return th cording to law. This deputization being made at the request and risk of the plaintiff., eueolee ne r IDT/'? 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF CO. CIHllberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATUft I L I P A. YAMPOLS KY , ES 10. TELEPHONE NUMBER 11, DATE FILED 632 MONTGOMERY AVE., STE 300, NARBERTH, PA 19072 610-747-0222 8-4-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF -%PAM RELOW FOR USE OF THE SHERIFF - DO NOT WRITE SLOW TICS LM 23. Advance Costs 24. Service Costs 25. N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound 130. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due ixRefund Check No 34. Fonion CourNy Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 `MAeage/POStageMol Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to bef a me IN 2 7 th SO ANS S P:i P 1 44. Signature of ?f _ f? 42, day of w? Dep. Sheriff N d C RL 46. Signature of York County Sheriff LISA L NOTARY PUBLIC RICHARD P. KE BE , SH 9 I FF _ C!"i vORK COUNTY 1Y C Jtvn? F ,;RES AUG. 12. 200 46 Signature of Foreign 4% of 47 DATE 8-27-2008 49 DATE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J MC G I LL YC S O 18-13-2008 9-3-08 16. HOW SERVED: PERSONAL 04- RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, Plaintiff, V. CIVIL DIVISION NO. 08 - 4687 BRADLEY BRANCH and LISA BRANCH, h/w, Defendants. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against yot.1.1 rT, M` Dqhnell, H & Skee , L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4687 BRADLEY BRANCH and (Jury Trial Demanded) LISA BRANCH, h/w, Defendants. ANSWER AND NEW MATTER AND NOW, comes the Defendants, Bradley Branch and Lisa Branch, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that Defendants, Bradley Branch and Lisa Branch were the owners of the boxer/beagle mixed breed two-year old dog named Roxy. The remainder of the allegations in paragraph 4 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Paragraph 5 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that the incident referred herein occurred on August 12, 2006 in the Susquehanna River. The remainder of the allegations in paragraph 8 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Bradley Branch and Lisa Branch, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 15. Plaintiff's claim is barred by reason of Plaintiff's own contributory negligence. 16. Plaintiffs claim is barred by Plaintiffs assumption of the risk. 17. Plaintiffs claim is barred for failure to state a cause of action. 18. Plaintiffs claim is barred by the applicable Statute of Limitation. WHEREFORE, Defendants, Bradley Branch and Lisa Branch, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: n IT Ra ch, Esquire nsel for /Defendants VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: s'l/Odr- - , '/Z Bradley anch #16514 VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. G --?8 Date: Lisa Branch #16514 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 23rd day of September, 2008. Philip A. Yampolsky, Esquire 632 Montgomery Avenue, Suite 300 Narberth, PA 19072 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, LL.P. By: vin D. R ch, Esquire unsel fo Defendants l ?.? ?? "`;-, ?, t r???? -? ,'t?? ?_ .?? r^^. a 4. ?:.? ? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA SHERYL SMITH CIVIL DIVISION Plaintiff, NO. 08-4687 V. REPLY TO NEW MATTER BRADLEY BRANCH and LISA BRANCH, h/w (Jury Trial Demanded) Defendants. Filed on Behalf of Plaintiff Counsel of Record for This Party: Philip A. Yampolsky, Esquire I.D. #34711 632 Montgomery Avenue Third Floor Narberth, PA 19072 610/747-0222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA SHERYL SMITH : Plaintiff, V. BRADLEY BRANCH and LISA BRANCH, h/w Defendants. CIVIL DIVISION NO. 08-468117 REPLY TO NEW MATTER (Jury Trial Demanded) PLAINTIFF'S REPLY TO NEW MATTER 15. Denied. The averments contained in paragraph 15 are denied for the reason that same constitute conclusions of law to which no responsive pleading is required. 16. Denied. The averments contained in paragraph 16 are denied for the reason that same constitute conclusions of law to which no responsive pleading is required. 17. Denied. The averments contained in paragraph 17 are denied for the reason that same constitute conclusions of law to which no responsive pleading is required. 18. Denied. The averments contained in paragraph 18 are denied for the reason that same constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiff demands judgment in her favor land against the Defendants as set forth in her Complaint. PHILIP A. YAMPO SKY, ESQUIRE VERIFICATION I, Philip A. Yampolsky, Esquire hereby state that I am the attorney for the plaintiff in the within matter and have been authorized to make this verification on its behalf. I verify that the statement of facts contained in the foregoing pleading are true and correct to the best of my knowledge. I understand that the statements of facts made therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. PHILIP A. YAMPOLSKY, ESQUIRE Date: '? kdDr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA SHERYL SMITH Plaintiff, : V. BRADLEY BRANCH and LISA BRANCH, h/w ; Defendants. CIVIL DIVISION NO. 08-4681 REPLY TO NEW MATTER (Jury Trial Demanded) CERTIFICATE OF SERVICE Philip A. Yampolsky, Esquire, being duly sworn according to law, deposes and says that he served a true and correct copy of Plaintiff s Reply to New Matter via First- Class Mail, postage prepaid, to the following counsel: Kevin D. Rauch Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Memoyne, PA 17043 Date: 0 1 13 PHILIP YAMPO,SKY, ESQUIRE a tw- CZ-3 TI 471 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, Plaintiff, V. BRADLEY BRANCH and LISA BRANCH, h/w, Defendants. CIVIL DIVISION NO. 08 - 4687 PETITION FOR APPOINTMENT OF ARBITRATORS (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, Plaintiff, CIVIL DIVISION V. BRADLEY BRANCH and LISA BRANCH, h/w, Defendants. NO. 08 - 4687 (Jury Trial Demanded) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Rauch, counsel for the Defendants, 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 not in excess of $50,000. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: N/A. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: \L A D E1.1..) czh _ Kevin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3rd day of December, 2009.. Philip A. Yampolsky, Esquire 632 Montgomery Avenue, Suite 300 Narberth, PA 19072 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: ?m r? b . ?- ? CJA I ' (_?F_ Kevin D. Rauch, Esquire Counsel for Defendants *a4-.00 Po A-94 co as t74 "# IQ 3N Sid IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, Plaintiff, V. BRADLEY BRANCH and LISA BRANCH, h/w, Defendants. CIVIL DIVISION NO. 08 - 4687 (Jury Trial Demanded) ORDER OF COURT AND NOW, this I5` day of , 2009, in consideration of the foregoing petition, "'2 _AJ 'yam . and Esquire, Esquire, and U ??ll?'? -Do 05 •7?'1/?ytP_tz/ , Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: J. FILED -'k-I r -iE 2009 DEC 10' P 2: 30 42-11 46 IF I caP 1£s AJ-,? k, rncl Y SHERYL SMITH Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. ()s - 46s7 BRADLEY & LISA BRANCH 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. Signa lu?) ;7 Signatur Signature ROGER B. IRWIN, ESQUIRE LORIN A. SNYDER, ESQUIRE MICHELLE L. SOMMER, ESQUIRE Name (Chairman) Name Name IRWIN & McKNIGHT, P.C. Law Firm 60 WEST POMFRET STREET Address CARLISLE, A 701 City, zip TURO LAW OFFICE Law Firm 28 SOUTH PITT STREET Address CARLISLE. A 1P 7011 City, zip ABOM & KUTULAKIS Law Firm 2 WEST:HIGH::STREET Address CART-TSTY. PA 1701-4 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.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Imo,, , t02O L o Date of Award: 00A to ?_0/ o Notice Now, the / day of , 20_L6-, at l2 j 9b_, ?.M., the above award was entered upon the docket and notice thereof giyeiii by mail to the parties or their attorneys. ' compensation to be paid upon anal: $ a0a 42C) Prothonotary By: Deputy 2010 MAR 15 Fi i 12* 18 a Y ?,.# 1 auto ?'1 ? a(o 3: ss ?i?? :=q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4687 BRADLEY BRANCH and (Jury Trial Demanded) LISA BRANCH, h/w, Defendants. PRAECIPE TO ENTER JUDGMENT UPON THE ARBITRATOR'S AWARD TO: THE PROTHONOTARY Please enter judgment on the arbitrator's award in favor of the Defendants, Bradley Branch and Lisa Branch, and against the Plaintiff, Sheryl Smith, as attached hereto. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquir Counsel for Defendants r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, CIVIL DIVISION Plaintiff, NO. 08 - 4687 V. PRAECIPE TO ENTER JUDGMENT BRADLEY BRANCH and UPON THE ARBITRATOR'S AWARD LISA BRANCH, h/w, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16514 i SHERYL SMITH Plaintiff' County, Pennsylvania No._ng_- 4687 BRADLEY & LISA BRANCH Defendant In The Court of Common Pleas of Cumberland 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 disch4rge the duties of our office with fidelity. Signs ROGER B. IRWIN, ESQUIRE Name (Chairman) IRWIN & McKNIGHT,, P.C. Law Firm 60 WEST POMFRET STREET Address S'ATR TS .F, PA 7Q13 City, zip Name TURO LAW OFFICE Law Firm 28 SOUTH PITT STREET Address rART.TqT,E, PA 17011 City, Zip MICHELLE L. SOMMER, ESQUIRE Name ABOM & KUTULAKIS Law Firm 2'3WE6T';'HIGH: STREET Address CART.TgT.V- PA 17013 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.) uj.L rt.vU fo <.&, AFF=r''yl t`'i . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: IkA c , !D? ZO to ,a ___ ? Date of Award: •4aA io za.9 Notice of Entry of A Now, the _L §4k-day of , entered upon the docket and notite 20_? at 12,j Pj , _P.M., the above award was given by mail to the parties or their attorneys. ' compensation to be paid upon a ah $ J-50, o[-) k? Prothonotary By: Signature Deputy s CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO ENTER JUDGMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of April, 2010. Philip A. Yampolsky, Esquire 632 Montgomery Avenue, Suite 300 Narberth, PA 19072 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants c?10?;NY -6 P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, CIVIL DIVISION Plaintiff, NO. 08 - 4687 V. PRAECIPE TO ENTER JUDGMENT BRADLEY BRANCH and UPON THE ARBITRATOR'S AWARD LISA BRANCH, h/w, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16514 *14.0o P13 A TrY No?tee. ??I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4687 BRADLEY BRANCH and (Jury Trial Demanded) LISA BRANCH, h/w, Defendants. PRAECIPE TO ENTER JUDGMENT UPON THE ARBITRATOR'S AWARD TO: THE PROTHONOTARY Please enter judgment on the arbitrator's award in favor of the Defendants, Bradley Branch and Lisa Branch, and against the Plaintiff, Sheryl Smith, as attached hereto. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants SHERYL SMITH Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No.o_- 4687 BRADLEY & LISA BRANCH 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. Iwo . . a& a, (e- - Signatur Signatur Signature ROGER B. IRWIN, ESQUIRE LORIN A. SNYDER, ESQUIRE MICHELLE L. SOMMER, ESQUIRE Name (Chairman) Name Name IRWIN & McKNIGHT, P.C. Law Firm 60 WEST POMFRET STREET Address CARLISLE, PA 17013 City, Zip TURO LAW OFFICE Law Firm 28 SOUTH PITT STREET Address CARLISLE, PA 17013 City, zip ABOM & KUTULAKIS Law Firm 2:`.WEST"-HIGH' STREET Address CARLISLE, A 17013 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.) ltd-? '5?j.i AEr?? D.y?Ts . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: ?t , 2-0 t o Date of Award: Yqu h td ?,OI o Notice c Now, the /S'Ik-day of lG/, at 12,1 s, -.M., the above award was entered upon the docket and not cc thereof give, by mail to the parties or their attorneys. ' compensation to be paid upon appeal: $ . d. oy Prothonotary By: TRUE COPY FROM RECORD In Testimony whereof,) here unto set my hand d riisle, Pa. This 2016 Prothono CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO ENTER JUDGMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of April, 2010. Philip A. Yampolsky, Esquire 632 Montgomery Avenue, Suite 300 Narberth, PA 19072 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: x(1 k C C NIF? Kevin D. Rauch, Esquire Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERYL SMITH, Plaintiff, v. BRADLEY BRANCH and LISA BRANCH, hlw, Defendants. CIVIL DiV1SION NO. 08 - 4687 (Jury Trial Demanded) PRAECIPE TO SATSIFY AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-referenced case satisfied and discontinued, with prejudice. Respectfully submitted, By: Philip A. Yampolsky, Esquire cz a~ -- Counsel for Plaintiff LL Krw ~~ ~- ~ ~ ~ ~ ~ :,..~ ~ ~=~. Lt ~ C .7 C_J ~ !„r.. l..~. ca zv :.,:. ~..`