HomeMy WebLinkAbout01-6805 PRAECIPE FOR LISTING CASE FOR TRIAl,
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) (X) for JURY trial at the next term of civil court
( ) for trial without a jury
CAPTION OF CASE
(entire caption must be stated in full)
CLINTON D. CAREY and
AMANDA CAREY, her husband
Plaintiffs
JEFFREY W. FOREMAN,
Defendant
(check one)
( ) Assumpsit
( ) Trespass
(X) Trespass (Motor Vehicle)
( ) Other
The trial list will be called on August 13,
2002.
Trials commence on September 9, 2002.
Pre-trials will beheld on August 21, 2002.
(Briefs are due 5 days before pre-trials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to all
counsel, pursuant to local Rule 314-1.)
No. 01-6805 Civil
Indicate the attorney who will try case for the party who files this praecipe:
Richard A. Sadlock, Esquire, Angino & Rovner, P.C.
4503 North Front Street, Harrisburg, PA 17110
Indicate trial counsel for other parties if known:
Jefferson J. Shipman, Esquire, Goldberg, Katzman & Shipman, ~
320 Market Street, P.O. Box 1268, Harrisburg, PA 17~J
This case is ready for trial. ~~
Si.gn. ed~'~'~ _.. '~_ ~
Pringl~me: Richard A. Sadlock, Esquire
Date: July 17, 2002 Attorney for: Plaintiffs
248234.1LRASLMLB
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CLINTON D. CAREY and
AMANDA CAREY,
Plaintiffs
JEFFREY W. FOREMAN,
Defendant
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 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 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CLINTON D. CAREY and
AMANDA CAREY,
Plaintiffs
JEFFREY W. FOREMAN,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notification. Usted debe presentar una apariencia escfita o en persona o pot abogado
y archivar en la corte en forma escfita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CLINTON D. CAREY and
AMANDA CAREY,
Plaintiffs
Vo
JEFFREY W. FOREMAN,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
Plaintiffs Clinton D. Carey and Amanda Carey are adult individuals and citizens of
the Commonwealth of Pennsylvania who reside at 69 Country View Estates, Newville, Cumberland
County, Pennsylvania.
2. Defendant Jeffrey W. Foreman is an adult individual and citizen of the
Commonwealth of Pennsylvania who resides at 45 Etter Road, Newburg, Cumberland County,
Pennsylvania.
3. The facts and occurrences hereinafter related took place on or about July 28, 2001 at
approximately 9:45 p.m. on Mountain Road, Cumberland County, Pennsylvania.
4. At that time and place, Defendant Foreman was operating his motor vehicle, a 1998
Ford F150 track, on Mountain Road.
5. At that time and place, Plaintiff Clinton D. Carey was a passenger in the vehicle
being driven by Defendant Jeffrey W. Foreman.
6. At that time and place, Defendant Jeffrey W. Foreman was operating his vehicle at a
reckless and unsafe speed.
238449.1 ~RAS'ff'AS
7. Defendant Jeffrey W. Foreman lost control of his vehicle, crossed the double yellow
line, left the roadway, and struck a tree with the front end of his vehicle, causing a motor vehicle
accident.
8. The foregoing accident and all of the injuries and damages set forth hereinafter
sustained by Plaintiff Clinton David Carey are the direct and proximate result of the negligent,
careless, wanton and reckless manner in which Defendant Foreman operated his motor vehicle as
follows:
(a)
(b)
(c)
(d)
(e)
(t)
failure to stay within his lane of travel;
failure to take reasonable evasive action to avoid the accident;
failure to travel at a safe speed;
failure to drive the vehicle with due regard for the road and traffic conditions
which were existing and of which he was or should have been aware;
failure to keep proper and adequate control over the vehicle; and
driving the vehicle upon the road in a manner endangering persons and
property and in a reckless manner with careless disregard to the rights and
safety of others and in violation of the Motor Vehicle Code of the
Commonwealth of Pennsylvania.
reference.
10.
CLAIM I
CLINTON D. CAREY v. JEFFREY W. FOREMAN
Paragraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by
As a result of the aforementioned accident, Plaintiff Clinton D. Carey sustained
painful and severe injuries which include, but are not limited to, numerous fractures of left elbow
238449.1LRAS~PAS 2
requiring surgical repair, compartment syndrome requiring a volar fasciotomy, sutures on right
elbow, scalp laceration requiring sutures, broken nose, four broken teeth throughout his mouth,
cervical strain, and jaw and head pain.
11. By reason of the aforesaid injuries sustained by Plaintiff Clinton D. Carey, he was
forced to incur liability for medical treatment, medications, hospitalizations and similar
miscellaneous expenses in an effort to restore himself to health, and claim is made therefor.
12. Because of the nature of his injuries, Plaintiff Clinton D. Carey has been advised
and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made
therefor.
13. As a result of the aforementioned injuries, Plaintiff Clinton D. Carey has undergone
and in the future will undergo great physical and mental suffering, great inconvenience in carrying
out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor.
14. As a result of the aforementioned injuries, Plaintiff Clinton D. Carey has been and in
the future will be subjected to great humiliation and embarrassment, and claim is made therefor.
15. As a result of the aforementioned injuries, Plaintiff Clinton D. Carey, he sustained
uncompensated work loss, and claim is made therefor.
16. As a result of the aforementioned collision and resulting injuries, Plaintiff Clinton D.
Carey has sustained loss of opportunity and a permanent diminution of his earning power and
capacity, and claim is made therefor.
17. Plaintiff Clinton D. Carey continues to be plagued by persistent pain and limitation
and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for
the remainder of his lifetime, and claim is made therefor.
238449. I~RAS~PAS 3
18. As a result of the aforesaid accident, Plaintiff Clinton D. Carey has sustained scars
which will result in a permanent disfigurement, and claim is made therefor.
19.
reference.
20.
CLAIM II
AMANDA CAREY v. JEFFREY W. FOREMAN
Paragraphs 1 through 18 of Plaintiffs' Complaint are incorporated herein by
As a result of the aforementioned injuries sustained by her husband, Clinton D.
Carey, Plaintiff Amanda Carey has been and may in the future be deprived of the care,
companionship, consortium, and society of her husband, ail of which will be to her great detriment,
and claim is made therefor.
WHEREFORE, Plaintiffs Clinton D. Carey and Amanda Carey demand judgment against
Defendant Jeffrey W. Foreman in an amount in excess of Twenty-five Thousand Dollars
($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
Date: November 28, 2001
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
238449. I'dt. AS~PAS 4
VERIFICATION
We, Clinton D. Carey and Amanda Carey, Plaintiffs, have read the foregoing
PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the
foregoing are true and correct to the best of our knowledge, information and belief. We understand
that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unswom falsification to authorities.
Witness
238742.1LRAS~vlLB
SHERIFF'S RETURN -
CASE NO: 2001-06805 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAREY CLINTON D ET AL
VS
FOREMAN JEFFREY W
REGULAR
SM-AWN HARRISON Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says,' the within COMPLAINT & NOTICE was served upon
FOREMAN JEFFREY W
the
DEFENDANT at 1919:00 HOURS, on the 7th day of December 2001
at 45 ETTER ROAD
NEWBURG, PA 17240
JEFFREY FOREMAN
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 11.70
Affidavit .00
Surcharge 10.00
.00
39.70
Sworn and Subscribed to before
me this _7~~-~ day of
A.D.
~ Prothonotary; ~ /
So Answers:
R. Thomas Kline
12/10/2001
ANGINO & ROVNER ~
By: ~
Jefferson J. Shipman, Esquire
I.D. #51785
GOLDBERG, KATZ¥~LN & SHIPMD_N, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendant
CLINTON D. CA~REY and
: IN THE COURT OF CON~4ON PLEAS OF
ANLANDA CAREY : CUMBERLAND COUNTY, PENNSYLV~/qIA
Plaintiffs :
: CIVIL ACTION - LAW
v. : NO. 01-6805 CIVIL TERM
:
JEFFREY W. FOREM3kN, :
Defendant : JURY TRIAL DENLANDED
PRAECIPE
TO THE PROTHONOTTkRy:
PLEASE enter the appearance of the undersigned on behalf of
the Defendant in the above-captioned matter.
72690.1
GOLDBERG, KATZMAN & SHIPMAN, P.C.
J~ff~son J./'Shipman, Esquire
Attorney I.D. 51785
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing
document upon the person{s) indicated below by depositing a
of the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania, on December 18, 2001:
copy
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
Attorneys for Plaintiffs
72692
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Jefferson J. [Shipman, Esquire
Attorney I.D. 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant
Jefferson J. Shipman, Esquire
I.D. #51785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendant
CLINTON D. CAREY and
AMANDA CAREY
Plaintiffs
JEFFREY W. FOREMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6805 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO:
Plaintiffs and their counsel,
Richard A. Sadlock, Esquire
Angino & Rovner, P.Q.
4503 North Front Street
Harrisburg, PA 17110
Attorneys for Plaintiffs
YOU ARE HEREBY notified to plead to the within New Matter of
Defendant, Jeffrey W. Foreman, within twenty (20) days of service
hereof.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date:
72833.1
Je~e~on J. ~ipman, Esquire
Attorney I.D. 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant
Jefferson J. Shipman, Esquire
I.D. 951785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendant
CLINTON D. CAREY and
AMANDA CAREY
Plaintiffs
JEFFREY W. FOREMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6805 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER AND NEWMATTER OF
OF DEFENDANT, JEFFREY W. FOREF~%N
AND NOW, comes the Defendant, Jeffrey W. Foreman,
through his counsel, Goldberg, Katzman & Shipman, P.C.,
the following Answer and New Matter:
1. Admitted.
2. Admitted.
Admitted.
4.
5.
6.
conclusions
Admitted.
Admitted.
Denied. The averments contained in
of law and fact to which no
by and
and files
Paragraph No. 6 are
response is required. If
a response is deemed to be required, the averments contained
therein are specifically denied.
7. Admitted in part, denied in part. It is admitted only
that the vehicle left the roadway and struck a tree. The
remaining averments of Paragraph No. 7 are conclusions of law and
fact to which no response is required. If a response is deemed
the averments contained therein are specifically
to be required,
denied.
8. Denied.
subparagraphs (a)
which
required,
denied.
The averments contained in
through (f),
no response is required.
the averments contained therein are specifically
Paragraph No. 8,
are conclusions of law and fact to
If a response is deemed to be
a. Denied. It is specifically denied that the
Defendant was negligent by allegedly failing to stay
within his lane of travel;
b. Denied. It is specifically denied that the
Defendant failed to take reasonable evasive action to
avoid the accident;
c. Denied. It is specifically denied that the
Defendant failed to travel at a safe speed;
d. Denied. It is specifically denied that the
Defendant failed to drive his vehicle with due regard
for the road and traffic conditions which were existing
and of which he was or should have been aware;
e. Denied. It is specifically denied that the
Defendant failed to keep proper and adequate control
over the vehicle; and
f. Denied. It is specifically denied that the
Defendant drove his vehicle upon the road in a manner
endangering persons and property and in a reckless
manner with careless disregard to the rights and safety
of others and in violation of the Motor Vehicle Code of
the Commonwealth of Pennsylvania.
CLAIM I
CLINTON D. CAREY v. JEFFREY W. FOREMAN
9. The Defendant incorporates herein by reference his
answers to Paragraph Nos. 1 through 8 above as though fully set
forth herein at length.
10. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
10 relating to Plaintiff's alleged injuries and the same are,
therefore, denied and strict proof demanded at the time of trial.
11. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
11 relating to Plaintiff's alleged medical treatment and the same
are, therefore, denied and strict proof demanded at the time of
trial.
12. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
12 relating to Plaintiff's alleged expenses and the same are,
therefore, denied and strict proof demanded at the time of trial.
13. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
13 relating to Plaintiff's alleged physical and mental suffering
and the same are, therefore, denied and strict proof demanded at
the time of trial.
14. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
14 relating to Plaintiff's alleged humiliation and embarrassment
and the same are, therefore, denied and strict proof demanded at
the time of trial.
15. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
15 relating to Plaintiff's alleged work loss and the same are,
therefore, denied and strict proof demanded at the time of trial.
16. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
16 relating to Plaintiff's alleged loss of opportunity and
alleged permanent diminution of earning power and the same are,
therefore, denied and strict proof demanded at the time of trial.
17. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
17 relating to Plaintiff's alleged injuries and the same are,
therefore, denied and strict proof demanded at the time of trial.
18. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
18 relating to Plaintiff's alleged permanent disfigurement and
the same are, therefore, denied and strict proof demanded at the
time of trial.
WHEREFORE, the Defendant, Jeffrey W. Foreman,
requests that judgment be entered in his favor and
Plaintiffs' Complaint be dismissed with prejudice.
respectfully
that
CLAIM II
AMANDA CAREY v. JEFFREY W. FOREMAN
The Defendant incorporates herein by reference his
though fully set
19.
answers to Paragraph Nos. 1 through 18 above as
forth herein at length.
20. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of averments contained in Paragraph No.
20 relating to Plaintiff's alleged loss of consortium and the
same are, therefore, denied and strict proof demanded at the time
of trial.
WHEREFORE, the Defendant, Jeffrey W. Foreman, respectfully
requests that judgment be entered in his favor and that
Plaintiffs' Complaint be dismissed with prejudice.
NEW MATTER
By way of additional reply, the Defendant interposes
following New Matter defenses:
the
21.
Pennsylvania Motor Vehicle Financial
C.S.A. ~1701, et seq.
22. That Plaintiffs' claims may be
"Limited Tort" option pursuant to 75
23. That the accident, and any
That this action is subject to the provisions of the
Responsibility Law, 75 Pa.
limited or barred by the
Pa. C.S.A. ~1705, et seq.
injuries sustained by
Plaintiff, may have been caused in whole or in part by the
negligence of third persons or entities not presently involved in
this action.
24. That if it should be found that there was any
negligence on the part of the Defendant, which negligence is
expressly denied, any such negligence was not a proximate cause
of any damages to the Plaintiff.
25. That the accident and any resulting injuries were
caused in whole or in part by an Act of God or by forces beyond
the control of the Defendant.
26. That if the Plaintiff suffered the injuries alleged in
his Complaint, those injuries were caused in whole or in part by
the negligence of Plaintiff, and recovery in this action is
barred or diminished in accordance with the Pennsylvania
Comparative Negligence Act.
27. That the Plaintiff may have assumed the risk of his
injuries.
28. That the accident may have been caused by a sudden
emergency.
29. That the accident may have been caused by an
intervening, superseding cause.
30. That the accident may have been unavoidable.
WHEREFORE, the Defendant, Jeffrey W. Foreman, respectfully
requests that judgment be entered in his favor and that
Plaintiff's Complaint be dismissed with prejudice.
72833.1
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Je f ~s~" J. S~
Attorney I.D. #51785
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendant
VERIFICATION
I, Jeffrey W. Foreman, hereby acknowledge that I am the
Defendant in this action; that I have read the foregoing document
and that the facts stated therein 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.
Foreman
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing
document upon the person(s) indicated below by depositing a
of the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania, on t~./3;/O/. :
copy
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
Attorneys for Plaintiffs
72840.1
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Jef~e~'~n J. S~_~pman, Esquire
Attorney I.D. 51785
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CLINTON D. CAREY and
AMANDA CAREY,
Plaintiffs
JEFFREY W. FOREMAN,
Defendant
21.
CIVIL ACTION - LAW
NO. 01-6805 Civil Term
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER
Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, the Pennsylvania Motor Financial Responsibility Law in no way limits or
reduces damages Plaintiffs may recover in the instant action.
22. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Plaintiffs have the full tort option on their motor vehicle insurance policy.
See, a copy of the declaration page attached hereto as Exhibit "A'.
23. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Defendant's averment lacks the specificity required of the Pennsylvania
Rules of Civil Procedure. Further, no '~third person or entities not presently involved in this
action" caused the instant accident. As indicated in Plaintiffs' Complaint, only the Defendant
was careless, reckless, wanton and negligent and the sole cause of the accident.
240504.1~RAS~SC
24. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, as previously stated in the Complaint and herein, Defendant was reckless,
wanton, careless and negligent in causing the accident referred to in Plaintiffs' Complaint. Such
conduct of the Defendant was the proximate cause of the accident and damages sustained by the
Plaintiffs.
25. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, no "act of God or forces beyond the control of Defendant" in any way
contributed to the happening of the accident referred to in Plaintiffs' Complaint. Further, the
accident and all of the injuries and damages sustained by Plaintiffs were caused solely and
directly as a result of the negligent, careless, wanton and reckless conduct of the instant
Defendant.
26. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, Plaintiffs were in no way negligent in the happening of the instant action.
All of Plaintiffs' injuries and damages were caused solely and directly as a result of the
negligent, careless, reckless and wanton conduct of the instant Defendant as more specifically
stated in Plaintiffs' Complaint. Therefore, the Pennsylvania Comparative Negligence Act does
not apply to the instant action.
27. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
240504.1~RAS\SC 2
way of amplification, Plaintiffs did not assume the risk of being injured. Further, all of
Plaintiffs' injuries and damages are recoverable in the instant action.
28. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, there was no "sudden emergency" at the time of the accident referred to in
Plaintiffs' Complaint. All of Plaintiffs' injuries and damages are recoverable in the instant
action. Further, all of Plaintiffs' injuries and damages were caused solely and directly as a result
of the carelessness, wantonness, recklessness, and negligence of the instant Defendant.
29. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, as previously indicated herein, the accident and all of Plaintiffs' injuries
and damages were caused solely and directly as a result of the carelessness, wantonness,
recklessness and negligence of the instant Defendant. There was no intervening or superseding
cause.
30. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it is hereby specifically denied. By
way of amplification, the only way the accident "may have been unavoidable' would be if the
Defendant did not act carelessly, recklessly, wantonly and negligently.
240504.1~RAS\SC 3
WHEREFORE, Plaintiffs respectfully requests this Honorable Court to dismiss Defendant's
Answer and New Matter and enter judgment in their favor against the Defendant.
Respectfully submitted,
~ .~adioelc;'~fi~quire
I.D. No. 47281
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
240504.1~RAS~SC 4
VERIFICATION
We, Clinton D. Carey and Amanda Carey, Plaintiffs, have read thc foregoing
PLAINTIFFS' REPLY TO NEW MATTER and do hereby swear or affirm that the facts set
forth in the foregoing are Ixue and correct to the best of our knowledge, information and belief. We
understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904,
Dated:
to unswom falsification to authorities.
~ff:mton D. Carey ~" y
Xmanda-Car~y -
240515.1~qAS~SC
USAA CASUALTY II~ ,RANCE COMPANY
9800 Fredericksburg Road - San Antonio, Texas 78288
PENNSYLVANIA AUTO POLICY
RENEWAL DECLARATIONS
Named Insured and Address
AMANDA N CAREY
69 COUNTRY VIEW EST
NEWVILLE PA 17241-8750
?ARE
v,hI POLICY NUMBER
T*-I 01092 72 50C 7101
POLICY ~RIOD: (12:01A.M. standa~ time)
EFFECTIVE MAR 22'2001 TO SEP 22 2001
Description of Vehicle(s)
;~';; Dz~EG'~ME NEON '~'~PLORT
04 99 OLDS BRAVADA
BODY TYPE
SED 4D
8000
15000
3B3ES67CgST599684
1GHDT13W7X2711637
'he Vehicle(s) described herein is principally garaged' at the above address unless otherwise stated.~' W/C-W,r~/ScB,,~:
VEH 03 NEWVILLE PA 17241~8750
VEH 04 NEWVILLE PA 17241-8750
This policy provides 0N~ ~ose coverages for VEH. VEH VEH VEH
which a premium is shown below. O3 6-MONTH 04 6-MONTH
COVERAGES LIMITS OF LIABILITY D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=~D PREMIUR
("ACV' MEANS AC~AL CASH VALe) AMOU~ $ kMOU~ $ ~MOUNT S ~ $
]ART D - PHYSICAL DAMAGE COVERAGE
INCREASED RENTAL REIMBURSEMENT 14.41
TOWING AND LABOR 4.0C 4.00
IEHICLE TOTAL PREMIUM 290.98 415.3~
6 .,iONTH PREMIUM $ 706.35
$ 88.07 INCLUDED IN PREMIUM FOR VEH 04 AS ~ RESI.T OF ~ AC([DENT(S).
:ULL TORT APPLIES
'HE FOLLOWING COVERAGE(S) DEFINED IN THIS POLICY ARE NOT PF IVIDE) FOR:
VEH 03 RENTAL REIMBURSEMENT
[105f s2220poolOOlll lql I I[P41 s2221poopolll Hl l iii I I I IIIIII I[I I I I IIII III
In WITNESS ~EREOF, we have caused this policy to be signed by our President and Secreta~ at San Antonio, Texas, on this date F EBRU~2, ~00~ ~ ~
W, Rich ccellio Jr.
5000 C Secretary ~resi~ent
CERTIFICATE OF SERVICE
I, Shirley Corman, an employee of the law finn of Angino & Rovner, P.C., do hereby certify
that I am this day serving a tree and correct copy of PLAINTIFFS' REPLY TO NEW MATTER
upon counsel of record via postage prepaid, first class United States mail, addressed as follows:
Jefferson J. Shipman, Esquire
Goldberg, Katzrrmn & Shipman
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
240504.1~RAS~SC 5
CLINTON D. CAREY and
AMANDA CAREY
Plaintiffs
JEFFREY W. FOREMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6805 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
PLEASE mark the above-captioned matter settled and
discontinued.
DATE:
85191.1
~ro~nl~Csk[rEeeStquire
Harrisburg, PA 17110
Attorneys for Plaintiffs