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HomeMy WebLinkAbout09-1241NOTICE OF APIPEA'_ CbMMO4ftALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM Cumberland County JUDICIAL DISTRICT DISTRICT. JUSTICE: JUDGMENT 09-1-01 COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANTKelly A. Block, Ruth A. Miller, Allison L. Smith and -•°•••--•_..........__. _._. Patricia Neidigh for the use and benefit of NorGuard Ins Group 09-1-01 AODNESS OF APPELLANT UTT STATE 21P CODE PO Box 1368 2/2/2009 llv A. Block CV 20OR-_0000452 LT 20 Hen I/ This block will be signed ONLY when this notation is required unf!/Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in the case. Signature of Prothonotary or Deputy am, If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty, (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. If NOT USED, detach from copy of notice of appeal ombe served upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint' in this appeal g / f Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Name of appellee(s) . appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (24) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 2064 • l 1 14 S gneture of Pit ota or Deputy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN Y10)'DAYS AF,T,ER. liffng ffw a tice'of peal: Chedr b0X9s.) COMMONWEALTH OF PENN4YLVANIA COUNTY OF ss AfFIDAVIT: I hereby swear or affirm that f served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 120 ? by ? by. (certified) (registered) mail, sender's mint attached herWo and upon the appellee, {Harney! - HI on 20 ? by se viC9 ? ,V (cartified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appelltse(s) to whom ttte, Rule Was adsad on 20 ? by personal service ? by (certified). (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant t'7 rv Soohum of offiaisf bs*mv whomaflfdavit was made !; of dual :20 My commission expires on 20 r a i - COMMONWEALTH OF PENNSYLVANIA nni iwv nc- W* 09-1-01 t"-' .. Jim CEIRIlS 11. CLEFT, Jit Ad*GM 480 ST 011= 'T0411/1111 COIY -Suawn 3 1N 71 M 10li tLiIUIID, PX Tmohme (717) 774-5989 17070 STTO___&T IF= PLaXMTI?P s qa?ftw 8Ti9'EfS a SILVER LLF 16146 WIMT 8T APT/STE 1700 now I LiltiSi XOQ PZ=NMKJMA, VAL 19103-5319 THIS IS TO NOTIFY YOU THAT: NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PUUNTIFF: K#M& dP1XXtM rX MAC1C/>R MaLlas/a aura/P am=ff, PO BOX 1365 I>-11 n RAN= CO L -Bl11=, PJL 15703 J VS. DEFENDANT: NAME and AD MS rTIiEB JUM, E=LT H 1124 COLZINEW A?VE L11ll1l1lOT=, PA 17043 L J Docket No.: CV-0000452-08 Date Fled: 9/02/05 Judgment: I= D3ill sit' T (Date of Judgment) 2/02/09 © Judgment was entered for. (Name) 7211111111M, EMLY It © Judgment was entered against: (Names) It RLOCK/lit NXLLM/, SKITS/P =1 In the amount of $ .00 00 * Amount of Judgment $ . Defendants are jointly and severally liable. Judgment on Jos B $ .09 * . Damages will -be assessed on Date & Time Attorney Fees udgment $ .05 This case dismissed without prejudice. Totes $ Amount of Judgment Subject to. AttachmenV42 Pa.C.S. § 8127 post judgment Credits $ $ Post Judgment Costs $ ? Portion of Judgment for physical damages arising out of Certlfted Judg mud Total $ ANY PARTY HAS IM ROOM TO APPEAL W" MI 80 DAYS AFTER THE ENTRY OF JUDGMENT BY MM A NOTICE OF APPEAL WITH THE PR07HOWTARYICLEiMC OF THE COURT OF OOMMMON PLEAD, CIVIL DNWON. YOU MUST INCLUDE A COPY OF TIES NOTICE OF FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS 0714ERMN PROVIDED IN THE RULED OF OWW= RE FOR MAt#f T IMAL DISTRICT JUDO IF THE JUDO?NT HOLDER ELECTS TO ENTER THE JUDGMENT MI OF COMMON PLEAD, ALL PUMA MUST COMB MIX THE COURT OF COMMON PLEAS AND NO PURT1tIBt PROCBDS MAY E ISSUED BY THE IIMAGOTB IAL DOTRICT JUDGE . UNLESS THE JUDGMENT B ENTERED IN THE COURT OF COMMON PLEAS, ANYONE WIffi FISTED M TM JUDGMENT MAY FLLE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MA RL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERIVIBE COMPLIES WITH THE JUDGMENT. JWudgpent. recognizes the contractual obligation through Arbitration Forums, Inc. ,,K ,1 LEi Date &-dAR/lm Ld - At , Magiste" District Judge I oertffy1 t*this is a true and correct copy -of the record of the proceedings contelnhg the judgment: ` Date My commission expires first Monday of January, 201 AOPC 315.07 DA= FRUITED s 2/02/09 4 s 52:00 F1[ 1ag*4ei-0'""Judge CERTIFICATE OF SERVICE The undersigned, does hereby certify that a true and correct copy of Notice of Appeal was served on the following via First Class United States Mail, postage prepaid, on this date. Jason C. Giurintano, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 The Honorable Charles A. Clement, Jr. District Court 09-1-01 Old Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 DEM59E Al WESTNER, ESQUIRE Dated: Z.2-7 0 GAM-0WorGuard Insurance CompanytSubropee for Block, Miller, Smith & Neidigh v. TheureALepallCertRcate of Service.wpd Y NELSON LEVINE de LUCA & HORST, LLC BY: PATRICK C. TIMONEY, ESQUIRE IDENTIFICATION NO.: 67020 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5193 KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA NEIDIGH for the use and benefit of NORGUARD INSURANCE COMPANY 16 South River Street Wilkes Barre, PA 18703 Plaintiff(s) V. EMILY R. THEURER 900 DREXEL HILL BOULEVARD NEW CUMBERLAND, PA 17070 Defendant ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 09-1241 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiffs in the above captioned matter. NELSON LEVINE de LUCA & HORST, LLC BY: ATRICK C. TIMONEY, ESQUIRE ATTORNEYS FOR PLAINTIFFS NELSON LEVINE de LUCA & HORST, LLC BY: PATRICK C. TIMONEY, ESQUIRE IDENTIFICATION NO.: 67020 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5193 KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA NEIDIGH for the use and benefit of NORGUARD INSURANCE COMPANY Plaintiff(s) V. EMILY R. THEURER Defendant ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 09-1241 CERTIFICATE OF SERVICE I, Patrick C. Timoney, Esquire, hereby certify that a true and correct copy of the Entry of Appearance was served on the date shown below, upon the party listed below by United States Mail, postage prepaid. Jason C. Giurintano, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, Sixth Floor Harrisburg, PA 17108 BY: TRICK C. TIMONEY, ESQUIRE ATTORNEYS FOR PLAINTIFFS DATE: March 18, 2009 W,lo ra' NELSON LEVINE de LUCA & HORST, LLC BY: PATRICK C. TIMONEY, ESQUIRE IDENTIFICATION NO.: 67020 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5193 KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA NEIDIGH for the use and benefit of NORGUARD INSURANCE COMPANY 16 South River Street Wilkes Barre, PA 18703 Plaintiff(s) V. EMILY R. THEURER 900 DREXEL HILL BOULEVARD NEW CUMBERLAND, PA 17070 Defendant ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 09-1241 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 (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 or any other-claim or relief requested by the plaintiff. You may lose money or property 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 NELSON LEVINE de LUCA & HORST, LLC BY: PATRICK C. TIMONEY, ESQUIRE IDENTIFICATION NO.: 67020 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5193 KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA NEIDIGH for the use and benefit of NORGUARD INSURANCE COMPANY 16 South River Street Wilkes Barre, PA 18703 Plaintiff(s) V. EMILY R. THEURER 900 DREKEL HILL BOULEVARD NEW CUMBERLAND, PA 17070 Defendant ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 09-1241 COMPLAINT IN CIVIL ACTION Plaintiffs, by way of Complaint against Defendant, state as follows: 1. Kelly Block is an adult individual and resident of the Commonwealth of Pennsylvania, residing in York, Cumberland County, Pennsylvania. 2. Ruth A. Miller is an adult individual and resident of the Commonwealth of Pennsylvania, residing in York, Cumberland County, Pennsylvania. 3. Allison L. Smith is an adult individual and resident of the Commonwealth of Pennsylvania, residing in York, Cumberland County, Pennsylvania. 4. Patricia Neidigh is an adult individual and resident of the Commonwealth of Pennsylvania, residing in York, Cumberland County, Pennsylvania. 5. At all times relevant hereto, Kelly A. Block, Ruth A. Miller, Allison L. Smith and Patricia Neidigh were acting within the course and scope of their employment with the Jewish Community Centre of York Pennsylvania, a Pennsylvania not for profit organization located in York, Cumberland County, Pennsylvania. 6. At all times relevant hereto, the Jewish Community Centre of York Pennsylvania was insured for workers' compensation pursuant to a policy issued by NorGUARD Insurance Company, an insurance company organized under the laws of the Commonwealth of Pennsylvania and authorized to write insurance in the Commonwealth of Pennsylvania, with its principal place of business located in Wilkes Barre, Pennsylvania. 7. On September 29, 2006, Kelly A. Block, Ruth A. Miller, Allison L. Smith and Patricia Neidigh were traveling together in a single vehicle that was stopped in traffic at Interstate 83 Northbound at or about milepost 40.8, when they were suddenly and violently rear- ended by a motor vehicle operated by defendant Emily R. Theurer. 8. As a result of the collision, Kelly A. Block, Ruth A. Miller, Allison L. Smith and Patricia Neidigh were injured. 9. As a result of the collision, and the negligent conduct of Emily Theurer, and by virtue of Pennsylvania's Workers' Compensation Statute, the Jewish Community Centre of York Pennsylvania was legally obligated to pay for the medical treatment received by Kelly A. Block, Ruth A. Miller, Allison L. Smith and Patricia Neidigh. 10. As a result of the collision and the negligent conduct of Emily Theurer, and in accordance with the terms of the insurance policy issued to the Jewish Community Centre of York Pennsylvania, NorGUARD Insurance Company became obligated to pay for the medical treatment received by Kelly A. Block, Ruth A. Miller, Allison L. Smith and Patricia Neidigh. COUNT I - NEGLIGENCE KELLY A. BLOCK for the use of NORGUARD INSURANCE COMPANY v. EMILY R. THEURER 11. Plaintiffs hereby incorporate the allegations contained in paragraphs 1 through 10 above as though more fully set forth at length herein. 12. The collision was caused solely by the negligence and carelessness of defendant Emily Theurer, including but not limited to the following: (a) operating her vehicle at an excessive rate of speed under the circumstances; (b) engaging in activities in her vehicle that allowed her to take her attention from the roadway; (c) failing to maintain proper control of her vehicle; (d) failing to pay proper and reasonable attention to other vehicles located on the roadway; (e) operating her vehicle without due regard for the rights, safety, and position of other vehicles in the roadway, including the vehicle in which plaintiffs were traveling; (f) failing to give prompt, proper and adequate warning of her approach; (g) failing to comply with the laws, rules and regulations of the Commonwealth of Pennsylvania Motor Vehicle Code, including 75 Pa.C.S. § 3310 and § 3367; (h) failing to observe vehicles in a timely manner in order to avoid striking those vehicles; (i) failing to otherwise avoid driving when she knew or should have known that she was not capable of safely operating a motor vehicle on the highway; 0) failing to take evasive action in order to avoid impacting other vehicles; (k) failing to apply her brakes in sufficient time to avoid striking other vehicles on the roadway. 13. As a direct and proximate result of the negligence of the defendant, Kelly A. Block suffered physical injuries, as well as pain, mental anguish, and suffering. 14. As a direct and proximate result of the negligence of the defendant, Kelly A. Block was required to receive and undergo medical treatment, for which medical costs and expenses were incurred in the amount of $5,268.75. 15. The medical expenses set forth in the previous paragraph were paid by NorGUARD Insurance Company, pursuant to the workers' compensation insurance policy issued to Jewish Community Centre of York Pennsylvania. WHEREFORE, Plaintiff, Kelly A. Block, for the use of NorGUARD Insurance Company, hereby demands judgment against defendant Emily R. Theurer, in an amount in excess of $16,000.00 for damages, together with interest, costs of suit and attorneys fees as the court may allow. COUNT II - NEGLIGENCE PATRICIA NEIDIGH for the use of NORGUARD INSURANCE COMPANY v. EMILY R. THEURER 16. Plaintiffs hereby incorporate the allegations contained in paragraphs 1 through 15 above as though more fully set forth at length herein. 17. The collision was caused solely by the negligence and carelessness of defendant Emily Theurer, as set forth more fully above. 18. As a direct and proximate result of the negligence of the defendant, Patricia Neidigh suffered physical injuries, as well as pain, mental anguish, and suffering. 19. As a direct and proximate result of the negligence of the defendant, Patricia Neidigh was required to receive and undergo medical treatment, for which medical costs and expenses were incurred in the amount of $752.07. 20. The medical expenses set forth in the previous paragraph were paid by NorGUARD Insurance Company, pursuant to the workers' compensation insurance policy issued to Jewish Community Centre of York Pennsylvania. WHEREFORE, Plaintiff, Patricia Neidigh, for the use of NorGUARD Insurance Company, hereby demands judgment against defendant Emily R. Theurer, in an amount in excess of $3,000.00 for damages, together with interest, costs of suit and attorneys fees as the court may allow. COUNT III - NEGLIGENCE RUTH A. MILLER for the use of NORGUARD INSURANCE COMPANY v. EMILY R. THEURER 21. Plaintiffs hereby incorporate the allegations contained in paragraphs 1 through 20above as though more fully set forth at length herein. 22. The collision was caused solely by the negligence and carelessness of defendant Emily Theurer, as set forth more fully above. 23. As a direct and proximate result of the negligence of the defendant, Ruth A. Miller suffered physical injuries, as well as pain, mental anguish, and suffering. 24. As a direct and proximate result of the negligence of the defendant, Ruth A. Miller was required to receive and undergo medical treatment, for which medical costs and expenses were incurred in the amount of $500.90 25. The medical expenses set forth in the previous paragraph were paid by NorGUARD Insurance Company, pursuant to the workers' compensation insurance policy issued to Jewish Community Centre of York Pennsylvania. WHEREFORE, Plaintiff, Ruth A. Miller, for the use of NorGUARD Insurance Company, hereby demands judgment against defendant Emily R. Theurer, in an amount in excess of $1,500.00 for damages, together with interest, costs of suit and attorneys fees as the court may allow. COUNT IV - NEGLIGENCE ALLISON L. SMITH for the use of NORGUARD INSURANCE COMPANY v. EMILY R. THEURER 26. Plaintiffs hereby incorporate the allegations contained in paragraphs 1 through 25 above as though more fully set forth at length herein. 27. The collision was caused solely by the negligence and carelessness of defendant Emily Theurer, as set forth more fully above. 28. As a direct and proximate result of the negligence of the defendant, Allison L. Smith suffered physical injuries, as well as pain, mental anguish, and suffering. 29. As a direct and proximate result of the negligence of the defendant, Allison L. Smith was required to receive and undergo medical treatment, for which medical costs and expenses were incurred in the amount of $1,067.83. 30. The medical expenses set forth in the previous paragraph were paid by NorGUARD Insurance Company, pursuant to the workers' compensation insurance policy issued to Jewish Community Centre of York Pennsylvania. WHEREFORE, Plaintiff, Allison L. Smith, for the use of NorGUARD Insurance Company, hereby demands judgment against defendant Emily R. Theurer, in an amount in excess of $3,000.00 for damages, together with interest, costs of suit and attorneys fees as the court may allow. NELSON LEVINE de LUCA & HORST, LLC BY: flATRICK C ONEY, ESQUIRE ATTORNEYS FOR PLAINTIFFS NELSON LEVINE de LUCA & HORST, LLC BY: PATRICK C. TIMONEY, ESQUIRE IDENTIFICATION NO.: 67020 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5193 KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA NEIDIGH for the use and benefit of NORGUARD INSURANCE COMPANY Plaintiff(s) V. EMILY R. THEURER Defendant ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 09-1241 CERTIFICATE OF SERVICE I, Patrick C. Timoney, Esquire, hereby certify that a true and correct copy of the Complaint and Notice to Defend was served on the date shown below, upon the party listed below by United States Mail, postage prepaid. Jason C. Giurintano, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, Sixth Floor Harrisburg, PA 17108 NELSON LEVINE de LUCA & HORST, LLC BY: PATRICK C. TIM , ESQUIRE ATTORNEYS FOR PLAINTIFFS DATE: March 18.2009 C CZ3, a c rt %42 CO LANGSAM STEVENS & SILVER LLP BY: Henry I. Langsam, Esquire Attorney I.D. No. 19810 BY: Denise A. Kuestner, Esquire Attorney I.D. No. 66456 1616 Walnut Street, Suite 1700 Philadelphia, PA 19103 (215) 732-3255 KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA NEIDIGH for the use and benefit of NORGUARD INSURANCE GROUP PO Box 1368 Wilkes-Barre, PA 18703-1368 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. EMILY R. THEURER 900 Drexel Hill Boulevard New Cumberland, PA 17070 NO. 09-01241 Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Henry I. Langsam, Esquire, Denise A. Kuestner, Esquire and Langsam Stevens & Silver LLP for plaintiffs in the above captioned matter. & SILVER LLP BY: ANGSAM, ESQUIRE KUESTNER, ESQUIRE G:Vd WaGuard Imurance Cempeny%Subropee for Block, Miller, Smith & Neidigh v. Thwjm%.egeRWiftWwel of Appewance2mpd C 3 +?.> ?. us '7 T ?J :iJ r: F '} rn r t k r` P X t' THOMAS, THOMAS & HAFEP, LLP Todd B. Narvol, Esquire 305 NORTH FRONT STREET Attorney ID #42136 P.O. BOX 999 717-237-7133 HARRISBURG, PA 17108 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA S. NEIDIGH for the use and benefit of NORGUARD INSURANCE COMPANY, Plaintiffs, V. EMILY R. THEURER, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2009-1241 JURY TRIAL DEMANDED NOTICE 70 PLEAD TO: PLAINTIFFS KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA S. NEIDIGH c/o Patrick C Timoney, Esquire Nelson Levine deLuca & Horst, LLC 518 Township Line Road, Suite 300 Blue Bell, PA 19422 You are hereby notified to plead in response to the attached New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. Respectfully submitted, Date: By: Thomas, T46gas & Hafer, LLP Te tffW. Narvol Attorney ID #42136 Jason C. Giurintano Attorney ID #89177 Attorneys for Defendant THOMAS, THOMAS & HAFEP, LLP Todd B. Narvol, Esquire 305 NORTH FRONT STREET Attorney ID #42136 P.O. BOX 999 717-237-7133 HARRISBURG, PA 17108 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendant KELLY A. BLOCK, RUTH A. MILLER, ALLISON L. SMITH and PATRICIA S. NEIDIGH for the use and benefit of NORGUARD INSURANCE COMPANY, Plaintiffs, V. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 2009-1241 EMILY R. THEURER, : JURY TRIAL DEMANDED Defendant. : DEFENIDANT'S ANSWER WITH NEW AILATTER AND NOW, Defendant, Emily Theurer, (hereinafter "Defendant"), by and through her counsel, Thomas, Thomas & Hafer, LLP, hereby answers Plaintiffs' Complaint as follows: 1. - 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in these paragraphs of the Complaint and, therefore, the averments are DENIED and strict proof is demanded at th 7. ADMITTED in PART and DENIED in part. It is ADMITTED only that at the time of the accident, there was a vehicle in front of Defendant in the right traffic lane. Defendant has no knowledge as to the identity of the operator of said vehicle, or the names of the passengers who were in said vehicle; therefore, all other averments are DENIED and strict proof is demanded at the time of trial. 8. Denied generally pursuant to Pa.R. Civ.P. I 029(e). 9.-10. These paragraphs is a conclusion of law to which no response is required. COUNTI Negligence Kelly Block/Norguard Insurance Company v. Emily Theurer 11. Paragraph 11 is a paragraph of incorporation and, therefore, no response is necessary. To the extent a response is deemed necessary, the averments of this paragraph are DENIED. 12.-15. Denied generally pursuant to Pa.R.Civ.P.1029(e). WHEREFORE, Defendant demands that judgment be entered in her favor and against Plaintiffs, with costs. COUNT II Negligence Patricia Neidigh/Norguard Insurance Company v. Emily Theurer 16. Paragraph 16 is a paragraph of incorporation and, therefore, no response is necessary. To the extent a response is deemed necessary, the averments of this paragraph are DENIED. 17.-20. Denied generally pursuant to Pa.R.Civ.P.1029(e). WHEREFORE, Defendant demands that judgment be entered in her favor and against Plaintiffs, with costs. COUNT III Negligence Ruth Miller/Norauard Insurance Company v. Emily Theurer 21. Paragraph 21 is a paragraph of incorporation and, therefore, no response is necessary. To the extent a response is deemed necessary, the averments of this paragraph are DENIED. 22.-25. Denied generally pursuant to Pa.R.Civ.P.1029(e). -2- WHEREFORE, Defendant demands that judgment be entered in her favor and against Plaintiffs, with costs. COUNT IV Negligence Allison Smith/Norzuard Insurance Company v. Emily Theurer 26. Paragraph 26 is a paragraph of incorporation and, therefore, no response is necessary. To the extent a response is deemed necessary, the averments of this paragraph are DENIED. 27.-30. Denied generally pursuant to Pa.R.Civ.P.1029(e). WHEREFORE, Defendant demands that judgment be entered in her favor and against Plaintiffs, with costs. NEW MATTER 31. Defendant hereby incorporates its responses to Paragraph 1 through 30 of this Answer with New Matter as if fully set forth herein. 32. Plaintiffs' Complaint fails, in whole or in part, to state a claim against Defendant upon which relief can be granted. 33. Any and all damages, injuries or losses allegedly sustained by the Plaintiffs, which injuries and damages are strictly denied, were legally caused by the negligence of Plaintiffs, and such conduct serves to reduce or bar Plaintiffs' recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102. 34. Plaintiffs' claims are limited by the provisions of the Motor Vehicle Financial Responsibility Law and/or Worker's Compensation Act. -3- 35. Any act or omissions of Defendant were not substantial causes or factors or legal causes of the subject incident and/or did not result in the injuries, damages or losses alleged by Plaintiff. 36. As discovery may show, Plaintiffs may be precluded from recovering non- economic damages as a result of their limited tort election. 37. As discovery may show, Plaintiffs' cause of action is barred by Plaintiffs' contributory negligence. 38. Any and all damages, injuries or losses allegedly sustained by Plaintiffs may have been proximately caused by individuals and entities other than Defendant, including but not limited to, Plaintiffs, or others for whose conduct Defendant is not liable or responsible. 39. The injuries, damages and losses alleged by Plaintiffs may have been caused by events over which Defendant had no control and for which Defendant would not be responsible. 40. Plaintiffs' alleged injuries, losses and damages may have been caused by superseding or intervening events or acts of third parties over which Defendant had no control. 41. As discovery may show, Plaintiffs' claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, an award at arbitration or the statute of limitations, as may be shown in discovery in this case. 42. Defendant was not negligent in any manner whatsoever. 43. Plaintiffs' alleged injuries may be the result of pre-existing conditions or unrelated events, and may not be a result of the incident alleged in Plaintiffs' Complaint. 44. Plaintiffs' claims should be brought to intercompany arbitration rather than to the Court. 45. Plaintiffs' claims are or may be barred by the Statute of Limitations. -4- WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs together with costs. submitted, & Hafer, LLP Date: 41 a By: - ?? - T ID #42136 Jason C. Giurintano Attorney ID #89177 Attorneys for Defendant Emily R. Theurer -5- VERIFICATION I, Jason G. Giurintano, Esquire, hereby certify that the facts set forth in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief; and that I am authorized to execute this verification on behalf of Thomas, Thomas & Hafer, LLP. Respectfully submitted, Thomas, Tly6)dias and Hafer, LLP Date: By: Todd. Narvol Attorney ID #42136 Jason C. Giurintano Attorney ID #89177 Attorneys for Defendant CERTIFICATE OF SERVICE I, Jason C. Giurintano, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendant, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, addressed as follows: Patrick C Timoney, Esquire Nelson Levine deLuca & Horst, LLC 518 Township Line Road, Suite 300 Blue Bell, PA 19422 Respectfully submitted, & Hafer, LLP Date: 1 / 1 By: Ja96n C. Giurintano Attorney ID #89177 Attorneys for Defendant ALED-CIi-!CE 2009 APR -8 AM 10: 16 CUME 6 r-?a v? ?; 9, N,S L'rr• ``A