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HomeMy WebLinkAbout09-6095IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK TELENCIO, Plaintiffs V. SUSIE ESPOSITO, Defendant NO.: 09 - 0045 Civ;l -I P, , CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK TELENCIO, NO.: O 7 - 4 0 9Y Ot -.Q 7 Plaintiffs V. CIVIL ACTION - LAW SUSIE ESPOSITO, Defendant JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT 1. Plaintiffs Cathy Telencio and Mark Telencio are adult individuals, husband and wife, residing at 446 Big Spring Road, New Cumberland, Pennsylvania. 2. Defendant Susie Esposito is an adult individual residing at 909 Acri Road, Mechanicsburg, Pennsylvania. 3. On or about April 13, 2008 at approximately 12:00 noon. plaintiff Mark Telencio was operating a vehicle in the K-Mart parking lot on the Carlisle Pike in Mechanicsbrug, Cumberland County, Pennsylvania. 4. At the above time, plaintiff Cathy Telencio was a passenger in her husband's vehicle. 5. At the same place and time, the defendant was operating her 2004 Chevrolet Venture, Pennsylvania license FGV-8671 in the K-Mart parking lot behind the plaintiffs' vehicle. 6. At the above place and time, the defendant drove her vehicle into the rear of plaintiff's stopped vehicle. COUNT I - NEGLIGENCE CATHY TELENCIO v. SUSIE ESPOSITO 7. Paragraphs 1 thorough 6 above are incorporated herein by reference as if set forth at length. 8. The collision was caused by the negligence and carelessness of the defendant in that she: a. failed to be alert and attentive at the wheel; b. failed to comply with the assured clear distance ahead rule; c. followed the plaintiffs' vehicle too closely; and d. drove her vehicle into the rear of plaintiff's lawfully stopped vehicle. 9. At all times relevant hereto, plaintiff Mark Telencio was operating his vehicle in a lawful and prudent manner. 10. As a direct and proximate cause of the negligence and carelessness of the defendant, as more specifically set forth above, plaintiff Cathy Telencio has suffered, is suffering and will continue to suffer in the future the following damages: a. pain and suffering; b. mental anguish, discomfort and inconvenience; c. loss of life's pleasures; d. an impairment of health and sense of well being; and e. aggravation to a pre-existing cervical spine injury. 11. As a direct and proximate result of the defendant's negligence and carelessness, as more specifically set forth above, plaintiff Cathy Telencio has suffered, is suffering and will continue to suffer in the future the following financial damages: a. past, present and future medical expenses; b. incidental costs of dealing with said injures; and c. loss of earnings and earning capacity. WHEREFORE, Plaintiff Cathy Telencio respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, together with interest, cost and such other relief as is deemed appropriate. COUNT II - LOSS OF CONSORTIUM MARK TELENCIO v. SUSIE ESPOSITO 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth at length. 13. As a result of the defendant's negligence, plaintiff Mark Telencio suffered a loss of his wife's consortium, companionship, society and comfort. WHEREFORE, Plaintiff Mark Telencio respectfully requests this Honorable Court to enter judgment in his favor and against the defendant in an amount in excess of the compulsory arbitration limit, together with interest, cost and such other relief as is deemed appropriate. COUNT III - NEGLIGENCE MARK TELENCIO v. SUSIE ESPOSITO 14. Paragraphs 1 thorough 13 above are incorporated herein by reference as if set forth at length. 15. The collision was caused by the negligence and carelessness of the defendant in that she: a. failed to be alert and attentive at the wheel; b. failed to comply with the assured clear distance ahead rule; c. followed the plaintiffs' vehicle too closely; and d. drove her vehicle into the rear of plaintiff s lawfully stopped vehicle. 16. As a direct and proximate cause of the negligence and carelessness of the defendant, as more specifically set forth above, plaintiff Mark Telencio has suffered, is suffering and will continue to suffer in the future the following damages: a. pain and suffering; b. mental anguish, discomfort and inconvenience; c. loss of life's pleasures; d. an impairment of health and sense of well being; e. aggravation to a pre-existing lumbar spine condition and f. an abdominal cyst requiring surgery. 17. As a direct and proximate result of the defendant's negligence and carelessness, as more specifically set forth above, plaintiff Mark Telencio has suffered, is suffering and will continue to suffer in the future the following financial damages: a. past, present and future medical expenses; b. incidental costs of dealing with said injures; and c. loss of earnings and earning capacity. WHEREFORE, Plaintiff Mark Telencio respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, together with interest, cost and such other relief as is deemed appropriate. COUNT IV - LOSS OF CONSORTIUM CATHY TELENCIO v. SUSIE ESPOSITO 18 19. Paragraphs 1 through 17 are incorporated herein by reference as if set forth at length. As a result of the defendant's negligence, plaintiff Cathy Telencio suffered a loss of her husband's consortium, companionship, society and comfort. WHEREFORE, Plaintiff Cathy Telencio respectfully requests this Honorable Court to enter judgment in his favor and against the defendant in an amount in excess of the compulsory arbitration limit, together with interest, cost and such other relief as is deemed appropriate. DATE: G` C Girard E. ickards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 VERIFICATION I verify that the statements made in this Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. V Cathy Te cio Date: 9171? U OF THE .?,T f-lv .i ' ri 2009 SEP - 8 F# 1: 8 4118.60 PD AIW Cell 01455 PrT*t X48 Sheriffs Office of Cumberland County R Thomas Kline Sheriff ?a??,w,tr o! ?u+r+brrt??b Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ciaE r E ???rFF Edward L Schorpp Solicitor F! THE , -t- 2009 SE? 21 All 8: S L Cathy Telencio vs. Susie Esposito Case Number 2009-6095 SHERIFF'S RETURN OF SERVICE 09/15/2009 09:00 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2009 at 2100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Susie Esposito, by making known unto herself personally, at 909 Acri Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 16, 2009 SO ANSWERS, 100? R THOMAS KLINE, SHERIFF By ?!? Deputy Sheriff POERIO & WALTER, INC. REGIS J. MOELLER Identification No. 76235 P.O. Box 12106 25 N. Front Street Harrisburg, PA 17108 (717) 724-0331 Mailing Address 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 Attorney for Susie Esposito CATHY TELENCIO and MARK TELENCIO, Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY 1?j5" No. 09-6NMivil Term vs. SUSIE ESPOSITO Defendant, PRAECIPE FOR ENTRY OF APPEARANCE JURY TRIAL DEMANDED LIT:800000\1 40414\NJL-00261 11 1 CATHY TELENCIO and MARK TELENCIO, Plaintiffs vs. SUSIE ESPOSITO Defendant, COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-6005 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Regis J. Moeller, Esquire, and the law firm of Poerio & Walter, Inc., on behalf of the Defendant, Susie Esposito. Respectfully submitted, POERIO & WALTER, INC. By: Refs J.P6eller Poerio & Walter, Inc. 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 (412) 246-0506 LIT:800000\140414\NJL-00261111 CERTIFICATE OF SERVICE I, Regis J. Moeller, Esquire, do hereby certify that a true and correct copy of the within Praecipe for Entry of Appearance was served, via First-Class Mail, postage pre-paid, upon the following, on this day of October 2009. Girard E. Rickards, Esquire Law Offices of Girard E. Rickards 44 East Philadelphia Street York, PA 17401 (Counsel for the Plaintiff) Respectfully Submitted, Re is J. eller, Esquire Counsel or the Defendant, Susie Esposito POERIO & WALTER, INC. 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 LIT:800000\140414\NJL-00261 111 F11 E' ,r ?:"?* . 2CO9 0 ,1 13 1"i 1 3: CJ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK CIVIL DIVISION TELENCIO WK- Plaintiffs, No. 09-6995- v. SUSIE ESPOSITO Defendant. NOTICE OF SERVICE OF DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF, MARK TELENCIO Filed on behalf of Defendant: Susie Esposito Counsel of Record for this Party: Regis J. Moeller, Esquire Pa. I.D. #76235 POERIO & WALTER, INC 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 (412) 246-0506 LIT:800000-140414\SLS-005938 3 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK CIVIL DIVISION TELENCIO Plaintiff, No. 09-6005 V. SUSIE ESPOSITO Defendant. NOTICE OF SERVICE OF DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF. MARK TELENCIO I hereby certify that Defendant's Request for Production of Documents Directed to Plaintiff, MarkTlencio have been served on the following by United States first class mail on this day of October 2009: Girard E. Rickards, Esquire Law Offices of Girard E. Rickards 44 East Philadelphia Street York, PA 17401 Respectfully submitted, -;? / %??A Re s J. oeller, Esquire Counse for Defendant, Susie Esposito Poerio & Walter, Inc. 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 412.246.0506 LIT: 800000-1404141SLS-005938 3 1 CERTIFICATE OF SERVICE I, Regis J. Moeller, Esquire, do hereby certify that a true and correct copy of NOTICE OF SERVICE OF DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFENDANT'S FRIST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF, MARK TELENCIO was served, via First-Class Mail, postage pre-paid, upon the following counsel of record herein, on this day of October 2009. Girard E. Rickards, Esquire Law Offices of Girard E. Rickards 44 East Philadelphia Street York, PA 17401 (Counsel for Plaintiff) - ?0'? J " Re J. ler, Esquire LIT:800000-140414\SLS-005938 3 1 Fi:F U-i:; -r-iC c OF THF, % iqV 2609 OC i 13 PH 2: 15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK CIVIL DIVISION TELENCIO ,?, Plaintiffs, No. 09-6605 V 1- . - _ SUSIE ESPOSITO % Defendant. NOTICE OF SERVICE OF DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF, CATHY TELENCIO Filed on behalf of Defendant: Susie Esposito Counsel of Record for this Party: Regis J. Moeller, Esquire Pa. I.D. #76235 POERIO & WALTER, INC 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 (412) 246-0506 LIT:800000-140414\SLS-005938 4 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK CIVIL DIVISION TELENCIO Plaintiff, No. 09-6005 V. SUSIE ESPOSITO Defendant. NOTICE OF SERVICE OF DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF, CATHY TELENCIO I hereby certify that Defendant's Request for Production of Documents Directed to Plaintiff, Cathy Telencio have been served on the following by United States first class mail on this 7 day of October 2009: Girard E. Rickards, Esquire Law Offices of Girard E. Rickards 44 East Philadelphia Street York, PA 17401 Respectfully submitted, 6'1 egis Moe r, Esquire Counsel for Defendant, Susie Esposito Poerio & Walter, Inc. 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 412.246.0506 LIT:800000-140414\SLS-005938 4 1 CERTIFICATE OF SERVICE I, Regis J. Moeller, Esquire, do hereby certify that a true and correct copy of NOTICE OF SERVICE OF DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFENDANT'S FRIST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF, CATHY TELENCIO was served, via First-Class Mail, postage pre-paid, upon the following counsel of record herein, on this day of October 2009. Girard E. Rickards, Esquire Law Offices of Girard E. Rickards 44 East Philadelphia Street York, PA 17401 (Counsel for Plaintiff) R is J. eller, Esquire LIT:800000-140414\SLS-005938 4 1 EI EC? -c ,r OF THIF F, %n 2009 OCT 13 PH 2: 16 oly CUM, POERIO & WALTER, INC. REGIS J. MOELLER Identification No. 76235 P.O. Box 12106 25 N. Front Street Harrisburg, PA 17108 (717) 724-0331 Mailing Address 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 Attorney for Susie Esposito CATHY TELENCIO and MARK TELENCIO, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs vs. No. 09-6005 Civil Term SUSIE ESPOSITO Defendant, TO: ALL PARTIES YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITH TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. POERIO & WALTER, INC By: Regis tl. Moell r, Esquire Attorney for Defendant ANSWER AND NEW MATTER JURY TRIAL DEMANDED LIT:800000\1 40414\SLS-00593611 CATHY TELENCIO and MARK TELENCIO, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs vs. No. 09-6005 Civil Term SUSIE ESPOSITO Defendant, ANSWER AND NEW MATTER AND NOW, comes Defendant, Susie Esposito, by and through her counsel, Regis J. Moeller, Esquire and files this Answer and New Matter stating the following: 1. Paragraph 1 of Plaintiff's Complaint is admitted. 2. Paragraph 2 of Plaintiff's Complaint is admitted. 3. Paragraph 3 of Plaintiff's Complaint is denied. Paragraph 3 of Plaintiffs Complaint is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. 4. Paragraph 4 of Plaintiff's Complaint is denied. Paragraph 4 of Plaintiffs Complaint is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. 5. Paragraph 5 of Plaintiff's Complaint is admitted in part and denied part. It is admitted that the Defendant, Susie Esposito, owns and operates a 2004 Chevrolet Venture. The remaining allegations set forth in paragraph 5 of Plaintiff's Complaint are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. Therefore, strict proof thereof is demanded at the time of trial. LIT:800000\140414\SLS-005936 1 1 6. Paragraph 6 of Plaintiff's Complaint is denied. Paragraph 6 of Plaintiff's Complaint is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. COUNT I - NEGLIGENCE CATHY TELENCIO V. SUSIE ESPOSITO 7. Defendant, Susie Esposito, hereby incorporates by reference Paragraphs 1 through 6 of her Answer to Plaintiffs' Complaint as though set forth herein at length. 8. Paragraph 8 of Plaintiff's Complaint is denied. Paragraph 8 of Plaintiff's Complaint, including subsections (a) through (d) of the same, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 8 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 9. Paragraph 9 of Plaintiff's Complaint is denied. Paragraph 9 of Plaintiffs Complaint, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 9 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 10. Paragraph 10 of Plaintiffs Complaint is denied. Paragraph 10 of Plaintiff's Complaint, including subsections (a) through (e) of the same, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 10 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. LIT: 800000\1 40414\SLS-0059361 1 11. Paragraph 11 of Plaintiff's Complaint is denied. Paragraph 11 of Plaintiff's Complaint, including subsections (a) through (e) of the same, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 11 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Susie Esposito, denies that she is liable to any party whatsoever and demands judgment in her favor together with costs. COUNT 11- LOSS OF CONSORTIUM MARK TELENCIO V. SUSIE ESPOSITO 12. Defendant, Susie Esposito, hereby incorporates by reference Paragraphs 1 through 11 of her Answer to Plaintiffs' Complaint as though set forth herein at length. 13. Paragraph 13 of Plaintiff's Complaint is denied. Paragraph 13 of Plaintiff's Complaint, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 13 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Susie Esposito, denies that she is liable to any party whatsoever and demands judgment in her favor together with costs. COUNT III - NEGLIGENCE MARK TELENCIO V. SUSIE ESPOSITO 14. Defendant, Susie Esposito, hereby incorporates by reference Paragraphs 1 through 13 of her Answer to Plaintiffs' Complaint as though set forth herein at length. LIT:800000\1 40414\SLS-0059361 1 15. Paragraph 15 of Plaintiff's Complaint is denied. Paragraph 15 of Plaintiff's Complaint, including subsections (a) through (d) of the same, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 15 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 16. Paragraph 16 of Plaintiff's Complaint is denied. Paragraph 16 of Plaintiff's Complaint, including subsections (a) through (f) of the same, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 16 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 17. Paragraph 17 of Plaintiffs Complaint is denied. Paragraph 17 of Plaintiff's Complaint, including subsections (a) through (c) of the same, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph 17 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Susie Esposito, denies that she is liable to any party whatsoever and demands judgment in her favor together with costs. COUNT IV - LOSS OF CONSORTIUM CATHY TELENCIO V. SUSIE ESPOSITO 18. Defendant, Susie Esposito, hereby incorporates by reference Paragraphs 1 through 17 of her Answer to Plaintiffs' Complaint as though set forth herein at length. LIT:800000\1 40414\SLS-00593611 19. Paragraph 19 of Plaintiff's Complaint is denied. Paragraph 19 of Plaintiff's Complaint, sets forth conclusions of law to which no responsive pleading is required. Therefore, the same is denied and strict proof thereof is demanded at the time of trial. By way of further response, Paragraph19 is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Susie Esposito, denies that she is liable to any party whatsoever and demands judgment in her favor together with costs NEW MATTER 20. Defendant, Susie Esposito, hereby incorporates by reference Paragraphs 1 through 19 of her Answer to Plaintiffs' Complaint as though set forth herein at length. 21. Plaintiffs' injuries were the direct and proximate result of the actions and conduct of the Plaintiffs, Mark and Cathy Telencio. 22. Plaintiffs' cause of action and/or right of recovery is barred and/or is modified by the doctrine of assumption of risk as applied in the Commonwealth of Pennsylvania. 23. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant aver that any injuries and/or damages sustained by the Plaintiffs are the result of their own contributory negligence. As such, Plaintiffs' claims are, therefore, barred by the Comparative Negligence Act, or in the alternative, any recovery must be reduced by the extent of Plaintiff's own contributory negligence. 24. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant pleads any and all applicable Statute of Limitations under Pennsylvania law as a complete and/or partial bar to any recovery by any party in this action. 24. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, any injuries and/or damages alleged by the Plaintiffs were the result of LIT:800000\1 40414\SLS-00593611 superseding, intervening and/or independent causes over which Defendant had no control and in no way participated. 25. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant avers that Plaintiffs failed to mitigate their damages. 26. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant avers that the Plaintiffs are bound by the provisions of the Pennsylvania Motor Vehicle Responsibility Law as set forth at Pa. Cons. Stat.Ann §1701 et. seq. 27. Plaintiffs fail to state a cause of action upon which relief can be granted. 28. At all times relevant hereto, the Plaintiffs had selected, and were bound by, the limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 29. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant avers that the injuries which Plaintiffs relate to the accident set forth in Plaintiffs' Complaint are pre-existing and were not caused, and do not relate to, the accident set forth in Plaintiffs' Complaint. 30. Defendant asserts the doctrine of release as an affirmative defense. 31. Defendant asserts the doctrines of collateral estoppel and res judicata as well as full and/or partial bars to Plaintiffs' claims. 32. Defendant expressly reserves the right to amend this Answer and New Matter if investigation, discovery and/or further information should warrant such amendment and further, to assert any applicable matter of law during the pendency of this action. Should evidence be developed during the course of the preparation of trial in this case, or at the trial of this case, Defendant hereby reserves the right to assert any New Matter afforded to them concerning a bar to any cause of action set forth by any party to this action. LIT:800000\1 40414\SLS-00593611 WHEREFORE, Defendant, Susie Esposito, denies that she is liable to any party whatsoever, and demands judgment in her favor with cost of suit. Respectfully submitted, POERIO & WALTER, INC. By: Re Is J. Mo-eller Poerio & Walter, Inc. 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 (412) 246-0506 LIT:800000\1 40414\SLS-00593611 VERIFICATION I, Susie Esposito, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§4904, relating to unsworn falsification to authorities. 'I. L( Date Susie Esposito LIT:800000-140414\SLS-005936 2 1 CERTIFICATE OF SERVICE hereby certify that on this 11th day of November, 2009, Defendant served an Answer and New Matter on the party listed below, by first-class mail: Girard E. Rickards, Esquire Law Offices of Girard E. Rickards 135 South Duke Street York, PA 17401 (Counsel for the Plaintiff) Respectfully Submitted, Re Is J. oeller, Esquire Counsel for the Defendant, Susie Esposito POERIO & WALTER, INC. 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 LIT:800000-140414\SLS-005936 3 1 77(f r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK TELENCIO, NO.: 09-69A5-Civil Terms -,? Plaintiffs rr' -urn r" v. CIVIL ACTION - LAWj}_ ' SUSIE ESPOSITO, c=r= _ ? ?Q Defendant JURY TRIAL DEMAA )EP -? ° - z ? ca ? PLAINTIFFS' MOTION TO COMPEL DISCOVERY 1. This action arises from injuries suffered in a motor vehicle accident that occurred on April 13, 2008. 2. On October 21, 2009, plaintiff's counsel served Interrogatories and a Request for Production of Documents on counsel for defendant Susie Esposito. 3. As of this date, the defendant has served neither objections nor responses to the requested discovery. 4. The Defendant's Answers to Interrogatories and Response to Request for Production of Documents are overdue. 5. No judge has previously ruled on any matter in this case. 6. On December 22, 2010 counsel telephoned defense counsel to seek concurrence or nonconcurrence; as of this date, defense counsel has not returned the call. WHEREFORE, Plaintiffs Cathy Telencio and Mark Telencio respectfully request Your Honorable Court to enter an order compelling the defendant to serve complete responses to the requested discovery by a date certain. Date: January 3, 2011 Girard . Rickards, Esquire Attorney ID: 58867 135 South Duke Street York, PA 17401 (717) 845-4038 CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Plaintiffs' Motion to Compel Discovery, via first class mail, postage prepaid as follows: Regis J. Moeller, Esquire Poerio & Walter, Inc. 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 Date: January 3, 2011 5- -`*'G-ircgr7d F'Okickaris CATHY TELENCIO and MARK TELENCIO, Plaintiffs v. SUSIE ESPOSITO, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6095 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 6 h day of January, 2011, upon consideration of Plaintiffs' Motion to Compel Discovery, a Rule is hereby issued upon the Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. Girard E. Rickards, Esq. 135 South Duke Street York, PA 17401 Attorney for Plaintiffs /Regis J. Moeller, Esq. Poerio & Walter, Inc. 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 Attorney for Defendant bpio Mii? '? pry :Tj j :rc BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U01K CATHY TELENCIO and MARK TELENCIO, NO.: 09-66@5-Civil Term Plaintiffs V. SUSIE ESPOSITO, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE CLAIMS OF PLAINTIFF CATHY TELENCIO ONLY TO THE PROTHONOTARY: Please mark the claims of Cathy Telencio only settled and discontinued Date: June 10, 2011 Girard E. Kickards,Essqquji,,e Attorney ID: 58867 135 South Duke Street York, PA 17401 (717) 845-4038 C7 o Q MW r-n- -u m Cl -G Z' r w s .' o N C)m ? --I ra D J ' CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Praecipe to Discontinue, via first class mail, postage prepaid as follows: Regis J. Moeller, Esquire Poerio & Walter, Inc. 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 Date: June 10, 2011 Girar E. ckards IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK TELENCIO, Plaintiffs (095- NO.: 09=6693 Civil Term V. SUSIE ESPOSITO, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRA ECIPE TO WITHDRAW AFFIDAVIT OF PLAINTIFF'S COUNSEL SEEKING SANCTIONS FOR FAILURE TO DELIVER SETTLEMENT FUNDS C;? TO THE PROTHONOTARY: ?'1W r ._ Cn Please withdraw the Affidavit of Plaintiff's Counsel Seeking Sanctions for Fai?i> to -fl 7" C) -4 = +i Deliver Settlement Funds. Zo ac`-,) C N Date: June 10, 2011 '- rar . Rickards, Esquire Attorney ID: 58867 135 South Duke Street York, PA 17401 (717) 845-4038 CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Praecipe to Withdraw, via first class mail, postage prepaid as follows: Regis J. Moeller, Esquire Poerio & Walter, Inc. 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 Date: June 10, 2011 Girard E. Rickar s CATHY TELENCIO and MARK TELENCIO, Plaintiffs V. SUSIE ESPOSITO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 09-6095 CIVIL TERM IN RE: AFFIDAVIT OF PLAINTIFF'S COUNSEL SEEKING SANCTIONS FOR FAILURE TO DELIVER SETTLEMENT FUNDS PURSUANT TO Pa. R.C.P. 229.1 ORDER OF COURT AND NOW, this 13'' day of June, 2011, upon consideration of the above filing, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service of this order. Girard E. Rickards, Esq. 135 South Duke Street York, PA 17401 Attorney for Plaintiffs Regis J. Moeller, Esq. Poerio & Walter, Inc. 1119 Penn Avenue Suite 303 Pittsburgh, PA 15222 Attorney for Defendant Haled CoPieS 4'I1 101 00 ?w r-q rn G~ :Z;:0 Zz' :rc BY THE COURT, t IN THE COURT OF COMMON PLEAS . ROTHIONO AR"'i OF CUMBERLAND COUNTY, PENNSYLVANIA 2O FEB YE -$'3 CATHY TELENCIO and MARK TELENCIO, NO.: 09-6095 Civil T15ERLANU COUNTY Plaintiffs PENNSYLVANIA V. CIVIL ACTION - LAW SUSIE ESPOSITO, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ALL CLAIMS TO THE PROTHONOTARY: Please mark the above matter settled, discontinued and ended. Date: February 7, 2012 Girard E Zickards, Esquire Attorney ID: 58867 135 South Duke Street York, PA 17401 (717) 845-4038 CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Praecipe to Discontinue, via first class mail, postage prepaid as follows: Regis J. Moeller, Esquire Poerio & Walter, Inc. 1119 Penn Avenue, Suite 303 Pittsburgh, PA 15222 Date: ?/7/i12 Gir E. Ric ards