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HomeMy WebLinkAbout10-0471PYS511 Lack*nna County Clerk/Judicia cords Page 1 Civil Case Print 2008-02444 WALDBAUER ROBERT AND ANGELA (vs) ANDERSON JEREMY LEON Reference No..: 1D- 'g11I 0,;ViI-1?rm Filed........: 4/11/2008 Case Type.....: NGL/MVA MOTOR VEHICLE Time...... ..: 3:25 Judgment ..... .00 Execution Date 0/00/0000 Jude Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info WALDBAUER ROBERT PLAINTIFF ROSS DANIELLE M 63 ELIZABETH ST WILKES BARRE PA 18702 E R T I F I E WALDBAUER ANGELA PLAINTIFF ROSS ANfMV TONE RECORD 63 ELIZABETH ST WILKES BARRE PA 18702 ANDERSON JEREMY LEON DEFENDANT BRADY J ScotfP 24 2009 844 OLD YORK RD CARLISLE PA 17013 ******************************************icicicic**,t**,t*ic*ic?`CI?dltt?ljlJi/18?*RGVVIW?7*** * Date Entries V ************************************************************ *M *f FANAL0******** 1 4/11/2008 1,2, 6/30/2008 13 t,° 8/07/2008 8/07/2008 r.5- 8/15/2008 ( 10/06/2008 10/06/2008 10 15/2008 10%15/2008 10/15/2008 \1 10/15/2008 10/15/2008 1 11/05/2008 111/21/2008 !Z - 11/21/2008 e.% 11/24/2008 19 6/30/2009 9/24/2009 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION FILED ------------------------------------------------------------------- SHERIFF'S RETURN: OF SERVICE OF SUMMONS DATED 5-7-08 UPON JEREMY LEON ANDERSON BY THE SHERIFF OF CUMBERLAND CTY. (NOT FOUND) ------------------------------------ - - ENTRY OF APPEARANCE OF J. SCOTT BRADY, ESQ. FOR DEFT. ------------------------------------------------------------------- PRAECIPE FOR RULE TO FILE COMPLAINT AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- CERTIFICATE OF SERVICE OF ENTRY OF APPEARANCE, PRAECIPE TO RULE PL TO FILE A COMPLAINT AND RULE BY MAIL. CERTIFICATE OF SERVICE OF PL'S INTERRS., SET ONE AND REQUEST FOR PRODUCTION OF :DOCUMENTS SET ONE BY MAIL. ------------------------------------------------------------------- COMPLAINT FILED BY NICHOLAS S. MATTISE, ESQ. & CERT. OF SERVICE OF SAME BY MAIL. ---------------- CERTIFICATE OF SERVICE OF PRELIMINARY OBJS ------------------------------------------------------------------- CERTIFICATE OF SERVICE OF PRELIMINARY OBJS, BRIEF IN SUPPORT AND PROPOSED ORDER BY MAIL. ------------------------------------------------------------------- DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJS BY J. SCOTT BRADY, ESQ. ------------------------------------------------------------------- DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJS BY J. SCOTT BRADY, ESQ. ------------------------------------------------------------------- DEFENDANT'S JEREMY LEON ANDERSON PRELIMINARY OBJS BY J. SCOTT BRADY ESQ. -------------------------------------------- ---- - AMENDED COMPLAINT BY NICHOLAS S. MATTISE, ESQ. & CERT. OF SERVICE OF SAME BY MAIL. ------------------------------------------------------------------- STIPULATION FILED ------------------------------------------------------------------- PRAECIPE FOR ASSIGNMENT FILED (SENT TO C.A.) -------------------------------------------------------------------- STIPULATION FILED ---------------------------------------------------------------.---- ORDER DATED 6-30-09 - IN ACCORDANCE THIS ACTION IS TRANSFERRED TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COSTS SHALL BE PAID BY THE PLS. NEALON, J. -------------------------------------------------------------------- FILE TRANSFERRED TO PROTHONOTARY OF COURT OF COMMON PLEAS OF PYS511 Lack?nna County Clerk/Judicial cords i t i Page 2 C n l Case Pr iv 2008-02444 WALDBAUER ROBERT AND ANGELA (vs) ANDERSON JEREMY LEON Reference No..: Filed........: 4/11/2008 Case Type Judgment. ..... : NGL/MVA MOTOR .... VEHICLE Time.........: .00 Execution Date 3:25 0/00/0000 Judge Ass Disposed igned: Desc.: Jury Trial.... Disposed Date. 1 i 0/00/0000 --------- t-- Case Comments -- .: gher Crt ----------- H Higher Crt 2.: CUMBERLAND COUNTY IN ACCORDANCE WITH ORDER OF COURT DATED 6/30/09 OF JUDGE NEALON BY CERTIFIED MAIL- RECEIPT # 7007 2680 0000 3126 2961 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Adj End Bal ******************************** ******** ****** ******************************* WRIT OF SUMMONS 94.25 94.25 .00 WRIT SUMMONS WR .50 .50 .00 PAF 5.00 5.00 .00 JCS/ATJ 10.00 10.00 .00 ------ -------------- 109.75 ---------- --- 109.75 --- .00 ******************************************************************************** * End of Case Information ******************************************************************************** SUMMOMCDONNELL HUDOCK GUTHRIE 4 4 14 41- CE RT I F 1 FROM THE RECORD SEP 2 4 CLERK O J F.1RINALD ORDS MA ROBERT WALDBAC*ER and ANGELA WALDBAUER, his wife, plaintiffs VS. JEREMY LEON ANDERSON, IN TIE COURT OF CONfv10N P:l.,l-,X-) OF LACKAWANNA COUNTY CIVIL, ACTION - AT LAW NO. 08 CV 24-14 Defendant Y r: ORDER - AND NOW, this 30'hday of June, 2009, upon consideration of (1) def'endant's preliminary objections seeking (a) to transfer venue to Cumberland County pursuant to lea. t R,C.P_ 1006(a)and (e), or in the alternative, (b) a more specific pleading in accordance with Pa. R.C.P. 1028(a), (2) the plaintiffs' amended complaint which avers that the plaintiffs reside in Luzeme County, the defendant resides in. Cumberland County and the suhj ec.t: accident occurred ny Cumberland County, and (3) the stipulation of counsel that the same venue objections filed with regard to the original complaint remain applicable to the plaintiffs' amended complaint, and it therefore appearing that venue does not exist in Lackawanna County but does exist in Cumberland County since the defendant may be scri ved there and the cause of action arose there, it is hereby ORDERED and DECREED that: i I N0 0c's c UG SUM* MCDONNELL HUDOCK GUTHR I E a 15704f#14 . 87", 1. Defendant's preliminary objections asserting improper venue in Lackawanna County are SUSTAINED pursuant to Pa. R.C.P. 1006(x)(1); 2. In accordance with Pa. R.C.P. 1006(e), this action is transferred to the CoLzt Of Common Pleas of Cumberland County; and 3. The costs and fees associated with the transfer and removal of the record frow the Court of Common Pleas of Lackawanna County to the Court of Common Pleas of Cumberland Count' shall be paid by the plaintiffs. BY THE COURT: t4c-a- ??p J, Terrence R. Nealon y cc: Written notice of the entry of the foregoing Order has been provided to each party pursuant to Pa. R. Civ. P. 236 (a)(1) by mailing time-stamped copies to: Nicholas S. Mattis:, Esquire 108 N. Washington Avenue Scranton, PA 1,8503 Counsel for Plaintiffs J. Scott Brady, Esquire 61 N. Washington Street Wilkes-Barre, PA 18701 Counsel for Defendant -2- HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Attorne or the endagg Wilkes-Barre, PA 18701 Jeremy eon cue` n cJ (570) 606-6100 phone (570) 606-6106 fax nno D '' 31- -? © -0 C) r ROBERT WALDBAUER and, IN THE COURT(OF COw'IM('LEAS ANGELA WALDBAUER, his wife, OF LACKAWANNA C6_UN Plaintiffs CIVIL ACTION - LAW VS. JURY TRIAL DEMANDED JEREMY LEON ANDERSON Defendant NO.: 2008-CIV-2444 STIPULATION We, the undersigned parties agree that the same objections apply to the Amended Complaint as for the original. The parties will not require the filing of a second set of Preliminary Objections. Disposition of the first set of Preliminary Objections is still required. HOLLAND, BRADY & GRABOWSKI, P.C. MATTISE & KELLY, P.C. rim Qi a urphy ehman Nicholas S. Mattise SCAN • HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Wilkes-Barre, PA 18701 (570) 606-6100 phone (570) 606-6106 fax Attorneys for the Defen Jeremy Leon Ander n I ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. JEREMY LEON ANDERSON Defendant NO.: 2008-CIV-2444 PRAECIPE FOR ASSIGNMENT TO: LACKAWANNA COUINTY COURT ADMINISTRATOR Please be advised that the Defendant, Jeremy Leon Anderson, has filed-- r Preliminary Objections in the above-captioned case. X All parties have agreed to submit this matter on briefs ; without the necessity of oral argument. Please schedule this matter for oral argument. J Nicholas S. Mattise, Esquire J. Scott Brady Attorney for Plaintiff Attorney for Defendant, Anderson Mattise & Kelly, P.C. 108 North Washington Ave. Scranton, PA 18503 Dated: BY: Holland, Brady & Grabowski, P.C. 61 N. Washington Street Wilkes-Barre, PA 18701 Respectfully submitted, SCAN IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED k NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 • ID NO: 30937 ATTORNEY FOR PLAINTIFFS ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY : CIVIL ACTION - LAW ?_ : JURY TRIAL DEMAND z ?;a cn o D 2oo8-CIV- 2444 0 0 NOTICE U) w 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 (2o) 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 the Court without further notice may enter a judgment against you 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. 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 REDUCE FEE OR NO FEE. Northern PA Legal Services Lawyer Referral Service 507 Linden Street, Suite 300 Lackawanna Bar Association Scranton, PA 18503 204 Wyoming Avenue (570) 342-0184 Suite 205 Scranton, PA 18503-1410 (570) 969-9600 SCAN & s NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, PC 108 N. Washington Avenue Suite 400 Scranton, PA 18503 ID No. 30937 570-504-3200 Attorney for Plaintiffs ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAWS ' G . JURY TRIAL DEMANOW r C-) r- I ul r" ? n y 70 a N G #20o8-CIV- 2444 w AMENDED COMPLAINT NOW COME the Plaintiffs by and through their undersigned counsel and aver as follows: Plaintiffs, Robert Waldbauer and Angela Waldbauer, are and at all times pertinent have been husband and wife and competent adult individuals residing at 63 Elizabeth Street, Wilkes Barre, PA 18702. 2. Defendant, Jeremy Leon Anderson, is a competent adult individual residing at 844 Old York Road, Carlisle, PA 17013. 3. On or about April 21, 2006, Plaintiff, Angela Waldbauer, was the owner and operator of a 1991 Ford Wagon bearing Pennsylvania license plate no. FPT7587 4. On the aforesaid date, Defendant, Jeremy Anderson, was the owner and operator of a 1989 Ford Bronco bearing Pennsylvania license plate no. ERE9153. 5. On the aforesaid date, Plaintiff, Angela Waldbauer, was operating said vehicle with her husband, Plaintiff, Robert Waldbauer riding as the front seat passenger. Plaintiffs were traveling south on Interstate 81, near mile marker 52, in Middlesex Twp., Cumberland County, when their vehicle was struck on the passenger side by the Defendant's vehicle, when Defendant was attempting to enter onto Interstate 81 from an on ramp. COUNT ONE • ROBERT WALDBAUER V. JEREMY ANDERSON (Negligence) 6. Paragraphs 1-5 above are incorporated herein by reference as though fully set forth here at length. 7. The aforesaid accident was solely due to the negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant in his own right, with disregard for the rights and safety of the traveling public, including the Plaintiffs, and in no way due to any negligent act or failure to act on the part of the Plaintiffs. 8. The negligent conduct, careless conduct, gross, wanton and/or reckless conduct of Defendant which caused the aforementioned collision included: a. Failure to properly observe the roadway; b. Operating his vehicle without due regard for the rights, safety, and position of Plaintiffs' vehicle at point of impact; c. Operating his vehicle so as to bring it into sudden, forcible and violent contact with the Plaintiffs' vehicle; d. Operating his vehicle at a high and excessive speed under the circumstances; e. Failure to give warning of his approach and intended direction; f. Failure to take proper evasive action so as to avoid striking the Plaintiffs' vehicle; g. Failure to maintain proper and adequate control over his vehicle; h. Failure to properly brake his vehicle; Failure to operate his vehicle at a safe and appropriate rate of speed in view of the traffic, weather and or road conditions, in violation of 75 P.A. CSA Section 3361; j. Failing to operate his vehicle within a single lane of the roadway, when movement from that lane could not be done safely, in violation of 75 Pa.C.S.A. §3309; k. Failing to observe and obey yield or other traffic control signs or markings, in violation of 75 Pa.C.S.A. §3309; 1. Entering a public roadway when it could not be done with safety, in violation of 75 Pa.C.S.A. § 3323 (c) and/or § 3334; in. Failing to yield the right of way to a vehicle lawfully on the roadway when entering a public roadway, in violation of 75 Pa.C.S.A. § 3323 (c). 9. As a result of the aforesaid accident, Plaintiff, Robert Waldbauer, has suffered serious and severe injuries, with serious loss of bodily function, including injury to his brain, nerves and or nervous system or other cardio-vascular event with residual abnormal neurological affects effecting the right side of his body, as well as injury to his intervertebral discs, muscles tendons and/or ligaments of his shoulder, back and neck, all of which have caused him, yet continue to cause him and will/may for an indefinite period of time in the future cause him great pain, agony and suffering, both physical and mental. 10. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has been forced to undergo hospitalization, and medical treatment and will/may be forced to undergo hospitalization and medical treatment for an undetermined time in the future. 11. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has expended, yet expends and will/may for an indefinite time in the future expend various and substantial sums of money for the medicine and medical attention in and about endeavoring to treat and cure himself of his injuries all to his great financial loss and damage. 12. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has incurred, yet incurs and will/may incur various costs and expenses all of which do or may exceed the sum recoverable pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et seq. 13. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has and will/may for an indefinite time in the future be unable to go about his usual and daily occupations and routines. 14. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has and will/may for an indefinite time in the future suffer a loss of the pleasures of life. 15. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has suffered and will/may for an indefinite time in the future suffer physical pain, mental anguish and humiliation. WHEREFORE, Plaintiff Robert Waldbauer claims damages from Defendant in an amount in excess of $50,000.00 plus interest and costs. COUNT TWO ANGELA WALDBAUER v. JEREMY ANDERSON (Negligence) 16. Paragraphs 1-15 above are incorporated herein by reference as though fully set forth here at length. 16. As a result of the aforesaid collision, due to the aforementioned negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant, Plaintiff, Angela Waldbauer, suffered serious injury to her left shoulder including contusions sprains and strains, which has caused her, yet continue to cause her and will/may for an indefinite period of time in the future cause her great pain, agony and suffering, both physical and mental. 17. Also as a result of the aforesaid collision, due to the aforementioned negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant, Plaintiff, Angela Waldbauer, suffered and will/may for an indefinite period of time in the future suffer a loss of the services, society and comfort of her husband Robert Waldbauer. WHERFORE, Plaintiff Angela Waldbauer claims damages from Defendant in an amount in excess of $50,000.00 plus interest and costs. MATTISE & KELLY PC BY: ichaattise, Esquire Attorney for Plaintiffs VERIFICATION I hereby depose and state that I am the Plaintiff in the above-captioned action, and that the statements in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. ROBERT WALDBAUER ELA ALDBAUER s • NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 ID NO: 30937 ATTORNEY FOR PLAINTIFFS ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF LACYAWANNA COUNTY : CIVIL ACTION -LAW : JURY TRIAL DEMANDED : 20o8-CIV- 2444 CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of Plaintiffs Amended Com Taint was served by first class mail on the f?.l day of 2008, upon the following: J. Scott Brady, Esq. Holland, Brady & Grabowski, P.C. 61 N. Washington Street Wilkes Barre, PA 18701 MATTISE & KEL , P.C. BY: =71 mi-ri Nicho as S. attise, sq. Attorney for Plaintiffs LJ HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Wilkes-Barre, PA 18701 (570) 606-6100 phone (570) 606-6106 fax 0 Attorneys for the Defendant, Jeremy Leon Anderson ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. JEREMY LEON ANDERSON Defendant IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO.: 2008-CIV-2444 DEFENDANT'S, JEREMY LEON ANDERSON, PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Jeremy Leon Anderson, by and through the undersigned attorneys, Holland, Brady & Grabowski, P.C., and hereby preliminary objects to the Plaintiff's Complaint pursuant to Pennsylvania Rule of Civil Procedure 1028 and in support thereof avers as follows: PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1006(a) and (e) 1. On or about October 3, 2008, the Plaintiffs, Robert Waldbauer, his wife, forwarded via first class mail a copy of the Complaint filed in the Court of Common Pleas of Lackawanna County. A true and • correct copy of the Plaintiff's Complaint along with the Certificate of Service is attached hereto as Exhibit "A" without making any admissions thereof. 2. The Complaint alleges that on or about April 21, 2006, the Plaintiff, Angela Waldbauer was the owner and operator of a 1991 Ford wagon bearing Pennsylvania license plate number FPT7587 with her husband, Robert Waldbauer as a passenger in said vehicle. 3. At the same time and place, the Defendant, Jeremy Leon Anderson, was the owner and operator of a 1989 Ford Bronco. 4. Both Plaintiff and Defendant were operating their vehicles on or about Interstate 81 near mile marker 52 when a collision occurred. 5. The Plaintiffs commenced this action against the individual defendant in the Court of Common Pleas of Lackawanna County. 6. Pennsylvania Rule of Civil Procedure 1006 states, in part, that an action against an individual may brought in and only in a County in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the accident arose. Pa. R.Civ. 1006(a)(1). 0 • 7. Reading the Plaintiffs' Complaint in accordance with Pa. R.C.P. 1006(a)(1), there can be no justification for venue in Lackawanna County. 8. The individual defendant is a resident of Cumberland County and is currently on active duty service in Iraq with the United States Military. 9. The alleged cause of action or where the transaction or occurrence took place out of which the cause of action arose occurred on Interstate 81 in Cumberland County. 10. There is no tenable connection to Lackawanna County as even the Plaintiffs' residence, which also has no relevancy in determining proper venue, is in Luzerne County. 11. The only proper venue for Plaintiffs' claim in Cumberland County, Pennsylvania. 12. Pursuant to Pa. R.C.P. 1006(e), if preliminary objections to venue are sustained and there is a county of proper venue within the Commonwealth, the action should be transferred to the appropriate court of that County and all costs and fees for such transfer and 0 0 removal of the record shall be assessed against and paid for by the Plaintiff. 13. Accordingly, pursuant to Pa. R.C.P. 1006(a)(1) and (e), venue in Lackawanna County is improper and this matter should be transferred to Cumberland County, Pennsylvania, with costs and fees for transfer and removal of the record assessed to the Plaintiff accordingly. WHEREFORE, the Defendant, Jeremy Leon Anderson, respectfully requests this Court sustain the preliminary objections to Plaintiffs' Complaint as to improper venue and transfer this matter to the Court of Common Pleas of Cumberland County and further order that the Plaintiffs pay all costs and fees for the transfer of said case. PRELIMINARY OBJECTION PURSUANT TO Pa. R.C.P. 1028(a)(3) 1. Defendant incorporates by reference paragraphs 1 through 13 above as if fully set forth herein at length. 2. Pennsylvania Rule of Civil Procedure 1028(a)(3) permits preliminary objections for insufficiency specificity in a pleading. 3. Pennsylvania is a fact pleading commonwealth and as such in a complaint a plaintiff must not only give a defendant notice of the 0 0 grounds of his claim but he must also summarize those facts essential to support the claim. Alpha Tao Omega Fraternity v. University of Pennsylvania, 464 A.2d 1349 (Pa. Super. 1983). 4. Moreover, our courts have consistently held that allegations in a complaint must contain sufficient specificity to enable the parties to prepare a defense. General State Authority v. Sutter Corp., 356 A.2d 377 (Pa. Cmwlth. 1976). 5. A complaint must clearly advise a defendant as to what actions on its part are deemed by the complaintant to have been improper. Mattox v. Commonwealth, Department of Agriculture, 386 A.2d 620 (Pa. Cmwlth. 1978). 6. As currently pled, the aforesaid allegations of the Plaintiffs' Complaint do not satisfactorily advise the Defendant as to what county the action arises. 7. The Compliant fails to set forth any an allegation as to what county the occurrence took place in. 8. The Defendant hereby preliminarily objects that the entire Plaintiff's Complaint lacks sufficient specificity to assert venue in any county. • • WHEREFORE, the Defendant respectfully requests this Honorable Court to enter an order dismissing Plaintiff's Complaint for being violative of Pa. R.C.P. 1028 (a)(3) for lack of specificity in a pleading or, in the alternative, direct the Plaintiff to file a more specific pleading of his Complaint Respectfully submitted, HOLLAND, BRADY & GRABOWSKI, P.C. BY: \ w J. tl Brady • 0 EXHIBIT "A" NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 • ID NO: 30937 ATTORNEY FOR PLAINTIFFS ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY : CIVIL ACTION - LAW : JURY TRIAL DEMANDED 2oo8-CIV- 2444 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 (2o) 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 the Court without further notice may enter a judgment against you 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. 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 REDUCE FEE OR NO FEE. Northern PA Legal Services 507 Linden Street, Suite 300 Scranton, PA 18503 (570) 342-o184 Lawyer Referral Service Lackawanna Bar Association 204 Wyoming Avenue Suite 205 Scranton, PA 18503-1410 (570) 969-9600 • NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, PC 108 N. Washington Avenue Suite 400 Scranton, PA 18503 ID No. 30937 570-504-3200 Attorney for Plaintiffs ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF ]LACKAWANNA COUN'T'Y : CIVIL ACTION - LAW : JURY TRIAL DEMANDED #20o8-CIV- 2444 COMPLAINT NOW COME the Plaintiffs by and through their undersigned counsel and aver as follows: Plaintiffs, Robert Waldbauer and Angela Waldbauer, are and at all times pertinent have been husband and wife and competent adult individuals residing at 63 Elizabeth Street, Wilkes Bane, PA 18702. 2. Defendant, Jeremy Leon Anderson, is a competent adult individual residing at 844 Old York Road, Carlisle, PA 17013. 3. On or about April 21, 2006, Plaintiff, Angela Waldbauer, was the owner and operator of a 1991 Ford Wagon bearing Pennsylvania license plate no. FPT7587 4. On the aforesaid date, Defendant, Jeremy Anderson, was the owner and operator of a 1989 Ford Bronco bearing Pennsylvania license plate no. ERE9153. 5. On the aforesaid date, Plaintiff, Angela Waldbauer, was operating said vehicle with her husband, Plaintiff, Robert Waldbauer riding as the front seat passenger. Plaintiffs were traveling south on Interstate 81, near mile marker 52, when their vehicle was struck on the passenger side by the Defendant's vehicle, when Defendant was attempting to enter onto Interstate 81 from an on ramp. 0 0 COUNT ONE ROBERT WALDBAUER V. JEREMY ANDERSON (Negligence) 6. Paragraphs 1-5 above are incorporated herein by reference as though fully set forth here at length. 7. The aforesaid accident was solely due to the negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant in his own right, with disregard for the rights and safety of the traveling public, including the Plaintiffs, and in no way due to any negligent act or failure to act on the part of the Plaintiffs. 8. The negligent conduct, careless conduct, gross, wanton and/or reckless conduct of Defendant which caused the aforementioned collision included: a. Failure to properly observe the roadway; b. Operating his vehicle without due regard for the rights, safety, and position of Plaintiffs' vehicle at point of impact; c. Operating.his vehicle so as to bring it into sudden, forcible and violent contact with the Plaintiffs' vehicle; d. Operating his vehicle at a high and excessive speed under the circumstances; e. Failure to give warning of his approach and intended direction; f. Failure to take proper evasive action so as to avoid striking the Plaintiffs' vehicle; g. Failure to maintain proper and adequate control over his vehicle; h. Failure to properly brake his vehicle; i. Failure to operate his vehicle at a safe and appropriate rate of speed in view of the traffic, weather and or road conditions, in violation of 75 P.A. CSA Section 3361; j, Failing to operate his vehicle within a single lane of the roadway, when movement from that lane could not be done safely, in violation of 75 Pa.C.S.A. §3309; k. Failing to observe and obey yield or other traffic control signs or markings, in violation of 75 Pa.C.S.A. §3309; 1. Entering a public roadway when it could not be done with safety, in violation of 75 Pa.C.S.A. § 3323 (c) and/or § 3334; m. Failing to yield the right of way to a vehicle lawfully on the roadway when entering a public roadway, in violation of 75 Pa.C.S.A. § 3323 (c). 9. As a result of the aforesaid accident, Plaintiff, Robert Waldbauer, has suffered serious and severe injuries, with serious loss of bodily function, including injury to his brain, nerves and or nervous system or other cardio-vascular event with residual abnormal neurological affects effecting the right side of his body, as well as injury to his intervertebral discs, muscles tendons and/or ligaments of his shoulder, back and neck, all of which have caused him, yet continue to cause him and will/may for an indefinite period of time in the future cause him great pain, agony and suffering, both physical and mental. 10. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has been forced to undergo hospitalization, and medical treatment and will/may be forced to undergo hospitalization and medical treatment for an undetermined time in the future. 11. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has expended, yet expends and will/may for an indefinite time in the future expend various and substantial sums of money for the medicine and medical attention in and about endeavoring to treat and cure himself of his injuries all to his great financial loss and damage. 12. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has incurred, yet incurs and will/may incur various costs and expenses all of which do or may exceed the sum recoverable pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et seq. 13. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has and will/may for an indefinite time in the future be unable to go about his usual and daily occupations and routines. 14. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has and will/may for an indefinite time in the future suffer a loss of the pleasures of life. • • 15. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has suffered and will/may for an indefinite time in the future suffer physical pain, mental anguish and humiliation. WHEREFORE, Plaintiff Robert Waldbauer claims damages from Defendant in an amount in excess of $50,000.00 plus interest and costs. COUNT TWO ANGELA WALDBAUER v. JEREMY ANDERSON (Negligence) 16. Paragraphs 1-15 above are incorporated herein by reference as though fully set forth here at length. 16. As a result of the aforesaid collision, due to the aforementioned negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant, Plaintiff, Angela Waldbauer, suffered serious injury to her left shoulder including contusions sprains and strains, which has caused her, yet continue to cause her and will/may for an indefinite period of time in the future cause her great pain, agony and suffering, both physical and mental. 17. Also as a result of the aforesaid collision, due to the aforementioned negligent conduct; careless conduct, gross, wanton and/or reckless conduct of the Defendant, Plaintiff, Angela Waldbauer, suffered and will/may for an indefinite period of time in the future suffer a loss of the services, society and comfort of her husband Robert Waldbauer. WHERFORE, Plaintiff Angela Waldbauer claims damages from Defendant in an amount in excess of $50,000.00 plus interest and costs. MATTISE & KELLY PC BY: 4Nich . quire Attorney for Plaintiffs • , VERIFICATION I hereby depose and state that I am the Plaintiff in the above-captioned action, and that the statements in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. ROBERT WALDBAUER ELA ALDBAUER r? u NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 i ID NO: 30937 ATTORNEY FOR PLAINTIFFS ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY : CIVIL ACTION - LAW : JURY TRIAL DEMANDED V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant 2008-CIV- 2444 CERTIFICATE OF SERVICE It is hereby certified that a true and7correct copy of Plaintiffs Complaint was served by first class mail on the ? rr?l day of 10 G ? d ?/ 2008, upon the following: J. Scott Brady, Esq. Holland, Brady & Grabowski, P.C. 61 N. Washington Street Wilkes Barre, PA 18701 MATTISE KEL C-:------ BY: Nich bas a ise, E Attorney for Plaintiffs HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Wilkes-Barre, PA 18701 (570) 606-6100 phone (570) 606-6106 fax Attorneys for the Defendant, Jeremy Leon Anderson ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. JEREMY LEON ANDERSON Defendant IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO.: 2008-CIV-2444 DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Jeremy Leon Anderson, by and through the undersigned attorneys, Holland, Brady & Grabowski, P.C., and hereby submits the following brief in support of the Preliminary Objections to Plaintiffs, Robert Waldbauer and Angela Waldbauer, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1) for improper venue. 1. FACTS: On or about October 3, 2008, Plaintiffs, Robert Waldbauer and Angela Waldbauer, serviced a copy of their Complaint upon the Defendant. The Complaint alleges that on or about April 21, 2006, Angela Waldbauer was operating her motor vehicle with her husband, Robert Waldbauer, as a passenger. While traveling on Interstate 81 southbound near mile marker 51, a collision • • occurred with the Defendant's vehicle. The Plaintiffs' allegations all stem for the alleged collision on Interstate 81 southbound near mile marker 52, which is in Cumberland County, Pennsylvania. At the time of this alleged accident, the Defendant resided in Cumberland County, and currently the Plaintiffs reside in Luzerne County. II. ISSUE: 1. VENUE PROPER IN LACKAWANNA COUNTY, PENNSYLVANIA? Suggested Answer: NO 2. WHETHER THE PLAINTIFF'S COMPLAINT FAILS TO PLEAD FACTS WITH CERTAIN SPECIFICITY AS TO GIVE THE DEFENDANT NOTICE OF THE COUNTY OUR OF WHICH THE CAUSE OF ACTION AROSE? SUGGESTED ANSWER: YES III. ARGUMENT: ISSUE 1 A preliminary objection may be filed by a parry to a pleading for improper venue pursuant to Pennsylvania Rules of Civil Procedure 1028 and 1006. Preliminary objections should be raised at the first opportunity. Gale v. Mercy Catholic Medical Center, 698 A.2d 647 (Pa. Super. 1997). The decision whether or not to transfer venue is within the trial court's discretion. Id. The courts have continually held that issues of venue transfer are driven by each set of dependent facts. Purcell v. Bryn Mawr Hospital, 579 A.2d • • 1282, 1285 (Pa. 1990). See also Shambe v. Delaware & Hudson R.R. Co., 135 A.755 (Pa. 1927). Lastly, "if there exists any proper basis for the trial court's decision to grant the petition to transfer venue, that decision must stand." Masel v. Glassman, 689 A.2d 314, 316 (Pa. Super. 1997) (citing in re: Mackarus' Estate, 246 A.2d 661, 666-67 (Pa. 1968). Pennsylvania Rule of Civil Procedure 1006 states, in part, that an action against an individual may brought in and only in a County in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the transaction arose. Pa. R.C.P. 1006 (a)(1). Reading the Plaintiffs' Complaint in accordance with Pa. R.C.P. 1006(a)(1), there can be no justification for venue in Lackawanna County. The individual defendant is a resident of Cumberland County, Pennsylvania. The alleged cause of action where the transaction took place occurred on Interstate 81 southbound near mile marker 52, which is located in Cumberland County, Pennsylvania. Moreover, the Plaintiffs cannot amend their Complaint to establish venue in Lackawanna County based on the facts that the transaction or occurrence took place in Cumberland County and the individual defendant resides in Cumberland County, Pennsylvania. There is simply no fact or circumstance that would establish venue in Lackawanna County. s • Pursuant to Pa. R.C.P. 1006(e), if preliminary objections to venue are sustained and there is a County of proper venue within the Commonwealth, the action should be transferred to the appropriate court of that County and all costs and fees for such transfer and removal of the record shall be assessed against and paid for by the Plaintiffs. Accordingly, pursuant to Pa. R.C.P. 1006(a)(1) and (e), venue in Lackawanna County is improper and this matter should be transferred to Cumberland County, Pennsylvania and costs and fees for transfer and removal of the records should be assessed accordingly.] ISSUE 2 Pennsylvania Rule of Civil Procedure 1028(a)(3) permits preliminary objections for insufficiency specificity in a pleading. Pennsylvania is a fact pleading commonwealth and as such in a complaint a plaintiff must not only give a defendant notice of the grounds of his claim but he must also summarize those facts essential to support the claim. Alpha Tao Omega Fraternity v. University of Pennsylvania, 464 A.2d 1349 (Pa. Super. 1983).Moreover, our courts have consistently held that allegations in a complaint must contain sufficient specificity to enable the parties to prepare a defense. General State Authority v. Sutter Corp., 356 A.2d 377 (Pa. Cmwlth. 1976). As currently pled, the aforesaid allegations of the Plaintiff's Amended Complaint do not advise satisfactorily the Defendant regarding where the plaintiff alleges the transaction or occurrence took place. The Plainitff did not include in the complaint the simple fact of the county in which the accident took place. The • • Defendant has no basis to investigate the occurrences of the date in question based on the Amended Complaint. The Amended Compliant fails to set forth any allegation of the county of origin. The Plaintiff s Amended Complaint fails to the put the Defendant on notice as to the origin of the cause of action and thereby prevents the Defendant from properly and efficiently defendant the claim. Therefore, the Defendant preliminary objects to said Amended Complaint. IV. CONCLUSION: By reason of the foregoing, the Defendant, Jeremy Leon Anderson, respectfully requests this Court sustain the preliminary objection to the Plaintiffs' Complaint as to improper venue and insufficiency of the pleading. The Defendant requests that the plaintiffs' complaint be stricken allowing the plaintiff to file a more specific pleading if necessary. In the alternative, the Defendant requests this Honorable Court transfer this matter to the Court of Common Pleas of Cumberland County, Pennsylvania and further order the Plaintiffs to pay all costs of fees for the transfer and removal of the record. Respectfully submitted, HOLLAND, BRADY & GRABOWSKI, P.C. BY: Brady HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Wilkes-Barre, PA 18701 (570) 606-6100 phone (570) 606-6106 fax ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. JEREMY LEON ANDERSON Defendant • Attorneys for the Defendant, Jeremy Leon Anderson IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LANVq JURY TRIAL DEMANDED NO.: 2008-CIV-2444 DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Jeremy Leon Anderson, by and through the undersigned attorneys, Holland, Brady & Grabowski, P.C., and hereby submits the following brief in support of the Preliminary Objections to Plaintiffs, Robert Waldbauer and Angela Waldbauer, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1) for improper venue. 1. FACTS: On or about October 3, 2008, Plaintiffs, Robert Waldbauer and Angela Waldbauer, serviced a copy of their Complaint upon the Defendant. The Complaint alleges that on or about April 21, 2006, Angela Waldbauer was operating her motor vehicle with her husband, Robert Waldbauer, as a passenger. While traveling on Interstate 81 southbound near mile marker 51, a collision P" occurred with the Defendant's vehicle. The Plaintiffs' allegations all stem for the alleged collision on Interstate 81 southbound near mile marker 52, which is in Cumberland County, Pennsylvania. At the time of this alleged accident, the Defendant resided in Cumberland County, and currently the Plaintiffs reside in Luzerne County. II. ISSUE: 1. VENUE PROPER IN LACKAWANNA COUNTY, PENNSYLVANIA? Suggested Answer: NO 2. WHETHER THE PLAINTIFF'S COMPLAINT FAILS TO PLEAD FACTS WITH CERTAIN SPECIFICITY AS TO GIVE THE DEFENDANT NOTICE OF THE COUNTY OUR OF WHICH THE CAUSE OF ACTION AROSE? SUGGESTED ANSWER: YES III. ARGUMENT: ISSUE 1 A preliminary objection may be filed by a party to a pleading for improper venue pursuant to Pennsylvania Rules of Civil Procedure 1028 and 1006. Preliminary objections should be raised at the first opportunity. Gale v. Mercy Catholic Medical Center, 698 A.2d 647 (Pa. Super. 1997). The decision whether or not to transfer venue is within the trial court's discretion. Id. The courts have continually held that issues of venue transfer are driven by each set of dependent facts. Purcell v. Bryn Mawr Hospital, 579 A.2d I • • 1282, 1285 (Pa. 1990). See also Shambe v. Delaware & Hudson R.R. Co., 135 A.755 (Pa. 1927). Lastly, "if there exists any proper basis for the trial court's decision to grant the petition to transfer venue, that decision must stand." Masel v. Glassman, 689 A.2d 314, 316 (Pa. Super. 1997) (citing in re: Mackarus' Estate, 246 A.2d 661, 666-67 (Pa. 1968). Pennsylvania Rule of Civil Procedure 1006 states, in part, that an action against an individual may brought in and only in a County in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the transaction arose. Pa. R.C.P. 1006 (a)(1). Reading the Plaintiffs' Complaint in accordance with Pa. R.C.P. 1006(a)(1), there can be no justification for venue in Lackawanna County. The individual defendant is a resident of Cumberland County, Pennsylvania. The alleged cause of action where the transaction took place occurred on Interstate 81 southbound near mile marker 52, which is located in Cumberland County, Pennsylvania. Moreover, the Plaintiffs cannot amend their Complaint to establish venue in Lackawanna County based on the facts that the transaction or occurrence took place in Cumberland County and the individual defendant resides in Cumberland County, Pennsylvania. There is simply no fact or circumstance that would establish venue in Lackawanna County. i Pursuant to Pa. R.C.P. 1006(e), if preliminary objections to venue are sustained and there is a County of proper venue within the Commonwealth, the action should be transferred to the appropriate court of that County and all costs and fees for such transfer and removal of the record shall be assessed against and paid for by the Plaintiffs. Accordingly, pursuant to Pa. R.C.P. 1006(a)(1) and (e), venue in Lackawanna County is improper and this matter should be transferred to Cumberland County, Pennsylvania and costs and fees for transfer and removal of the records should be assessed accordingly.] ISSUE 2 Pennsylvania Rule of Civil Procedure 1028(a)(3) permits preliminary objections for insufficiency specificity in a pleading. Pennsylvania is a fact pleading commonwealth and as such in a complaint a plaintiff must not only give a defendant notice of the grounds of his claim but he must also summarize those facts essential to support the claim. Alpha Tao Omega Fraternity v. University o Pennsylvania, 464 A.2d 1349 (Pa. Super. 1983).Moreover, our courts have consistently held that allegations in a complaint must contain sufficient specificity to enable the parties to prepare a defense. General State Authority v. Sutter Corp., 356 A.2d 377 (Pa. Cmwlth. 1976). As currently pled, the aforesaid allegations of the Plaintiff's Amended Complaint do not advise satisfactorily the Defendant regarding where the plaintiff alleges the transaction or occurrence took place. The Plainitff did not include in the complaint the simple fact of the county in which the accident took place. The r Defendant has no basis to investigate the occurrences of the date in question based on the Amended Complaint. The Amended Compliant fails to set forth any allegation of the county of origin. The Plaintiff's Amended Complaint fails to the put the Defendant on notice as to the origin of the cause of action and thereby prevents the Defendant from properly and efficiently defendant the claim. Therefore, the Defendant preliminary objects to said Amended Complaint. IV. CONCLUSION: By reason of the foregoing, the Defendant, Jeremy Leon Anderson, respectfully requests this Court sustain the preliminary objection to the Plaintiffs' Complaint as to improper venue and insufficiency of the pleading. The Defendant requests that the plaintiffs' complaint be stricken allowing the plaintiff to file a more specific pleading if necessary. In the alternative, the Defendant requests this Honorable Court transfer this matter to the Court of Common Pleas of Cumberland County, Pennsylvania and further order the Plaintiffs to pay all costs of fees for the transfer and removal of the record. Respectfully submitted, HOLLAND, BRADY & GRABOWSKI, P.C. BY: ? f HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Attorneys for the Defendant, Wilkes-Barre, PA 18701 Jeremy Leon Anderson (570) 606-6100 phone (570) 606-6106 fax ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JEREMY LEON ANDERSON Defendant JURY TRIAL DEMANDED NO.: 2008-CIV-2444 CERTIFICATE OF SERVICE I, J. SCOTT BRADY, hereby certify and state that on this 14th day of October 2008, I served a true and correct copy of Preliminary Objections, Brief in Support thereof and proposed Order by regular first class mail, postage prepaid, addressed as follows: DANIEL M. ROSS, ESQUIRE MATTISE & KELLY, P.C. SUITE 400, SNB PLAZA 108 NORTH WASHINGTON Avenue SCRANTON, PA 18503 Respectfully submitted: HOLLAND, BRADY & GRABOWSKI, P.C. BY:°-Y - COTT BRAD -10 4 HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Wilkes-Barre, PA 18701 (570) 606-6100 phone (570) 606-6106 fax ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. JEREMY LEON ANDERSON Defendant • Attorneys for the Defendant, Jeremy Leon Anderson IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO.: 2008-CIV-2444 ORDER AND NOW, this day of 2008, upon consideration of the Defendant's Preliminary Objections to the Plaintiffs' Complaint and the responses, if any, thereto, it is hereby ORDERED and DECREED that the Preliminary Objections are SUSTAINED and: The above-captioned matter is hereby TRANSFERRED to the Court of Common Pleas of Cumberland, Pennsylvania. The Plaintiffs' Complaint is stricken and Plaintiffs should file a more specific pleading within twenty (20) days. f, • It is further ordered that the Prothonotary of the Court shall forward the transferee Court certified copies of the docket entries and all other papers filed in this action upon payment by the Plaintiffs of all costs and fees for said transfer and removal of the record. BY THE COURT: J. NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant • ID NO: 30937 ATTORNEY FOR PLAINTIFFS : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY : CIVIL ACTION -LAW : JURY TRIAL DEMANDED : 2oo8-CIV- 2444 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 (2o) 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 the Court without further notice may enter a judgment against you 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. 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 REDUCE FEE OR NO FEE. Northern PA Legal Services Lawyer Referral Service 507 Linden Street, Suite 300 Lackawanna Bar Association Scranton, PA 18503 204 Wyoming Avenue (570) 342-0184 Suite 205 Scranton, PA 18503-1410 (570) 969-9600 SCAN NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, PC 108 N. Washington Avenue Suite 400 C Scranton, PA 18503 ID No. 30937 570-504-3200 Attb j for Plaintiff ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF ]LACKAWANNA COUN'T'Y : CIVIL ACTION - LAW : JURY TRIAL DEMANDED : #20o8-CIV- 2444 COMPLAINT NOW COME the Plaintiffs by and through their undersigned counsel and aver as follows: Plaintiffs, Robert Waldbauer and Angela Waldbauer, are and at all times pertinent have been husband and wife and competent adult individuals residing at 63 Elizabeth Street, Wilkes Barre, PA 18702. 2. Defendant, Jeremy Leon Anderson, is a competent adult individual residing at 844 Old York Road, Carlisle, PA 17013. 3. On or about April 21, 2006, Plaintiff, Angela Waldbauer, was the owner and operator of a 1991 Ford Wagon bearing Pennsylvania license plate no. FPT7587 4. On the aforesaid date, Defendant, Jeremy Anderson, was the owner and operator of a 1989 Ford Bronco bearing Pennsylvania license plate no. ERE9153. 5. On the aforesaid date, Plaintiff, Angela Waldbauer, was operating said vehicle with her husband, Plaintiff, Robert Waldbauer riding as the front seat passenger. Plaintiffs were traveling south on Interstate 81, near mile marker 52, when their vehicle was struck on the passenger side by the Defendant's vehicle, when Defendant was attempting to enter onto Interstate 81 from an on ramp. • COUNT ONE ROBERT WALDBAUER V. JEREMY ANDERSON (Negligence) 6. Paragraphs 1-5 above are incorporated herein by reference as though fully set forth here at length. 7. The aforesaid accident was solely due to the negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant in his own right, with disregard for the rights and safety of the traveling public, including the Plaintiffs, and in no way due to any negligent act or failure to act on the part of the Plaintiffs. 8. The negligent conduct, careless conduct, gross, wanton and/or reckless conduct of Defendant which caused the aforementioned collision included: a. Failure to properly observe the roadway; b. Operating his vehicle without due regard for the rights, safety, and position of Plaintiffs' vehicle at point of impact; c. Operating his vehicle so as to bring it into sudden, forcible and violent contact with the Plaintiffs' vehicle; d. Operating his vehicle at a high and excessive speed under the circumstances; e. Failure to give warning of his approach and intended direction; f. Failure to take proper evasive action so as to avoid striking the Plaintiffs' vehicle; g. Failure to maintain proper and adequate control over his vehicle; h. Failure to properly brake his vehicle; Failure to operate his vehicle at a safe and appropriate rate of speed in view of the traffic, weather and or road conditions, in violation of 75 P.A. CSA Section 3361; j. Failing to operate his vehicle within a single lane of the roadway, when movement from that lane could not be done safely, in violation of 75 Pa.C.S.A. §3309; r: • k. Failing to observe and obey yield or other traffic control signs or markings, in violation of 75 Pa.C.S.A. §3309; 1. Entering a public roadway when it could not be done with safety, in violation of 75 Pa.C.S.A. § 3323 (c) and/or § 3334; in. Failing to yield the right of way to a vehicle lawfully on the roadway when entering a public roadway, in violation of 75 Pa.C.S.A. § 3323 (c). 9. As a result of the aforesaid accident, Plaintiff, Robert Waldbauer, has suffered serious and severe injuries, with serious loss of bodily function , including injury to his brain, nerves and or nervous system or other cardio-vascular event with. residual abnormal neurological affects effecting the right side of his body, as well as injury to his intervertebral discs, muscles tendons and/or ligaments of his shoulder, back and neck, all of which have caused him, yet continue to cause him and will/may for an indefinite period of time in the future cause him great pain, agony and suffering, both physical and mental. 10. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has been forced to undergo hospitalization, and medical treatment and will/may be forced to undergo hospitalization and medical treatment for an undetermined time in the future. 11. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has expended, yet expends and will/may for an indefinite time in the future expend various and substantial sums of money for the medicine and medical attention in and about endeavoring to treat and cure himself of his injuries all to his great financial loss and damage. 12. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has incurred, yet incurs and will/may incur various costs and expenses all of which do or may exceed the sum recoverable pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701 et seq. 13. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has and will/may for an indefinite time in the future be unable to go about his usual and daily occupations and routines. 14. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has and will/may for an indefinite time in the future suffer a loss of the pleasures of life. CJ 15. As a result of the aforesaid accident and injuries sustained, Plaintiff Robert Waldbauer has suffered and will/may for an indefinite time in the future suffer physical pain, mental anguish and humiliation. WHEREFORE, Plaintiff Robert Waldbauer claims damages from Defendant in an amount in excess of $50,000.00 plus interest and costs. COUNT TWO ANGELA WALDBAUER v. JEREMY ANDERSON (Negligence) 16. Paragraphs 1-15 above are incorporated herein by reference as though fully set forth here at length. 16. As a result of the aforesaid collision, due to the aforementioned negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant, Plaintiff, Angela Waldbauer, suffered serious injury to her left shoulder including contusions sprains and strains, which has caused her, yet continue to cause her and will/may for an indefinite period of time in the future cause her great pain, agony and suffering, both physical and mental. 17. Also as a result of the aforesaid collision, due to the aforementioned negligent conduct, careless conduct, gross, wanton and/or reckless conduct of the Defendant, Plaintiff, Angela Waldbauer, suffered and will/may for an indefinite period of time in the future suffer a loss of the services, society and comfort of her husband Robert Waldbauer. WHERFORE, Plaintiff Angela Waldbauer claims damages from Defendant in an amount in excess of $50,000.00 plus interest and costs. MATTISE & KELLY PC BY: Nich as i Mattise, squire Attorney for Plaintiffs • • VERIFICATION I hereby depose and state that I am the Plaintiff in the above-captioned action, and that the statements in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. ROBERT WALDBAUER ?OELA ALDBAUER 0 NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs • ID NO: 30937 ATTORNEY FOR PLAINTIFFS : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY : CIVIL ACTION - LAW : JURY TRIAL DEMANDED V. : JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant 2008-CIV- 2444 CERTIFICATE OF SERVICE It is hereby certified that a true anAcorrect copy of Plaintiffs Complaint was served by first class mail on the day of Q G {?? , 2008, upon the following: J. Scott Brady, Esq. Holland, Brady & Grabowski, P.C. 61 N. Washington Street Wilkes Barre, PA 18701 MATTISE KEL , C. BY: Nich as a 'se, E . Attorney for Plaintiffs NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 0 ?lA,LD1 ID NO: 30937 ATTORNEY FOR PLAINTIFFS ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED : 2oo8-CIV- 2444 CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of Plaintiffs Interrogatories, Set One, and Requ-eA for Production of Documents, Set One were served by first class mail on the day of 6 c 7) 4? , 2008, upon the following: J. Scott Brady, Esq. Holland, Brady & Grabowski, P.C. 61 N. Washington Street Wilkes Barre, PA 18701 MATTISE & KELLY, P.C. BY: SCA Nichol ttise, Esq. Attorney for Plaintiffs C?sj IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY Ty HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Wilkes-Barre, PA 18701 (570) 606-6100 phone (570) 606-6106 fax • ? J `,JG ! 5 P 12: 02 r, Attorneys for the Defendant, Jeremy Leon Anderson ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. JEREMY LEON ANDERSON Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NO.: 2008-CIV-2444 CERTIFICATE OF SERVICE I, J. SCOTT BRADY, hereby certify and state that on this / r day of August, 2008, I served a true and correct copy of my Entry of Appearance, Praecipe to Rule Plaintiff to file a Complaint and Rule to Plaintiff by regular first class mail, postage prepaid, addressed as follows: DANIEL M. ROSS, ESQUIRE MATTISE & KELLY, P.C. SUITE 400, SNB PLAZA 108 NORTH WASHINGTON Avenue SCRANTON, PA 18503 Respectfully submitted: HOLLAND, BRADY & GRABOWSKI, P.C. j-fir 2 "??-?p BY: --- COTT BRAD 1. .-qL. ?I LLA A -1 E 2 2 HOLLAND, BRADY & GRABOWSKI, P.C., BY: J. Scott Brady ID#: 32700 61 N. Washington St. Wilkes-Barre, PA 18701 (570) 606-6100 phone (570) 606-6106 fax 0 JiV??. Attorneys for the Defendant, Jeremy Leon Anderson ROBERT WALDBAUER and, ANGELA WALDBAUER, his wife, Plaintiffs VS. JEREMY LEON ANDERSON Defendant IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO.: 2008-CIV-2444 ENTRY OF APPEARANCE Kindly enter the appearance of J. Scott Brady of Holland, Brady & Grabowski, P.C., on behalf of the Defendant, Jeremy Leon Anderson, in the above-captioned matter. HOLLAND, BRADY & GRABOWSKI, P.C. BY: J. SCOTT BRADY SCA/V SEIFF'S RETURN - OUT OF COUW CASE NO: 2,008-Q2444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA WALDBAUER ROERBT AND ANGELA VS ANDERSON JEREMY LEON CPL BRENDA GOOSLEY Deputy Sheriff, who being du y sworn according to law, hereby certify and return that service of the ,l) G/ within WRIT OF SUMMONS was made upon ANDERSON JEREMY LEON on 7th day of May , 2008 by the Sheriff of CUMBERLAND(NF) County, Pennsylvania. Sheriff's Cost: Docketing .00 Out of County .00 Surcharge .00 .00 .00 .00 So answers: John Szymanski, Sheriff Dep ty: 00/00/0000 Sworn and subscribed to before me II40P E • Y , , J Y Suite 400, 1o8 North Washington Ave. Scranton, PA 18503 ID NO: 92346 i (570) 504-3200 'ATTORNEY FORf.PLAIN14 2 j LAS', [fA ??? "In ASP DAW t l M. ROSS, ESQUIRE Mattise & Kelly, P.C. SNB Plaza ROBERT wALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre PA 18702 : IN THE COURT OF CO1?N PLEAS : OF LACKAWANNA COUNTY Plaintiffs : CIVIL ACTION - LAW : JURY DEMANDED V. I JEREMY LEON ANDERSON 844 Old York Road 1 1 Carlisle, PA 17013 Defendant #2008-CW- 01 qqq TYPE OF PAPER (S) BEING SERVED: Summons SPECIAL INSTRUCTIONS: (IF ANY) Deputize Sheriff of Cumberland County for service of defendant at 844 Old York Road, Carlisle, PA 17013 ct? y~?`?2 JS h w x° ww Transmit Confirmation-Report ww P.1 May 7 2008 10:18am LACK CNTY SHERIFF Fax:570-963-6859 Name/Fax No. Mode Start Time Page Result Note 9/P17172406397 Normal 07,10:18am 0'35" 4 # 0 K I I i ? _siuau;.uoti :.aAOO a??pn!?ui saoc ?o?ot ;c -u:jowl anc"..,Ic; 0 N$'AO} ?Sw?i? 's { 2 X 'v`--1 6399-i96 OLS 'ivONJ 6 i 19-C96 OLQ £039 i dd N0ijN1`db)S *?AV NOPDN1HSV.N% N OM rXSAt Y,Y JZS AWOT , J1Y S 13.,.M00 V.L1\2ffzTj V Xjvj- • 0 , . ww Transmit Confirmation-Report *w P.1 May 7 2008 10:17am LACK CNTY SHERIFF Fax:570-963-6859 Name/Fax No.. Mode Start Time Page Result Note 95043209 Normal 07,10:17am 0'30" 4 # 0 K ?-7 '-,z .tea-u,c./ f ?,. -moo ^T^Yy u-3L n r odumh ugsua Woad .aqj: j,, xc? ;uc;ru2ly :0? pul Grz?, X•da 6589-£96 OS 2NOHd 6 t L9-096 OS £038 t'Vd NOiNi V iOS -]AV NOIJNIHS'dM N OGZ D1S4vwAzS _w1OT ,,,"IYLKS J,. UVAOO 14VVVIA J?7 • • , LAC AIVAAWA CO£jAYY SHF. F JOH S?YJL4NSKI 200 N WASHINGTON AVE. SCRANTON PA 18503 570 963-67 1 9 PHONE 570 963-6859 FAX Cep, - to< _;'o Fax N!-. r:.' ?-: From: Da+a: -517 Exte. lion h ^lhor 7A, D ?g ??- ASt.° sole com er,T i:... !,orm aloiI oTG' u`es, Including cover. nm --rn In- 4z- lig-111,1_1U, '. C4"O? to U Fran DiRienzo • Page 1 of I From: jla72187@aol.com Sent: Wednesday, May 07, 2008 5:33 AM To: dirienzof@lackawannacounty.org Subject: Spc Jeremy Anderson. Hello, my name is Spc Jeremy Anderson. I wasnt quite sure who to contact in this cituation. I am currently deployed in Iraq and I was just wondering if you could help me in a predicament that im in. I was summond the other day and my wife told me about it. I was wondering if there was anything that i could do as of right now (given my cituation.) If you need any info the docket number that was on the summons is 2008-CIV2444. If you cannot help then could you please send this email to sombody else, and ask them to email me back please. Thank you for your time. Spc Jeremy Anderson Plan your next roadtrip with MapQuest.com: America's #1 Mapping Site. 5/7/2008 Office of the Sheriff a JOHN SZYMANSKI•SHERIFF LACKAWANNA COUNTY ¦ SCRANTON, PENNSYLVANIA 18503 ¦ (570) 963-6719 IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY ROBERT WALDWIR ET LrA No. 21 civ, 2444 PLAINTIFF _VS- ISSUED APRIL 23, 2008 .IMEfyfY LEON ANWERS(7N DEFENDANT WRIT ,SU?M'S NOW APRIL 2€3, 2008 20 , !,JOHN SZYMANSKI HighSheriff of Lackawanna County, Pennsylvania, do hereby deputize the Sheriff of CUMT3ERLAND County, Pennsylvania, to execute this writ. This deputization being made at the request of the Plaintiff. SERVE: JERE 1Y LEON ANDERSON X344 OLD YORK ROAD, CARLISLE, PA. 17013 DEPOSIT CHECK ENCLOSED 100.00 PLEASE MAKE REFUND CHECK PAYABLE TO ATTORNEY SHERIFF JOHN SZYMANSKI THANK YOU CPL.BFtMA GOOSL Y NOW AFFIDAVIT OF SERVICE _, 20 , at o'clock . M., I served the within upon at and made known to Sworn and subscribed before me this day of 20 by handing to the contents thereof. SC ANSWERS SHERIFF OF COUNTY BY: DEPUTY SHERIFF NOW , 20 See retu ;;ndorsed hereon by the Sheriff of County, Pennsylvania and made a part of this return. SO ANSWERS a true and attested copy of the original SHERIFF OF LACKAWANNA COUNTY SHERIFF'S RETURN - NOT FOUND 10 4 CASE NO: 2008-00366 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WALDBAUER ROBERT ET AL VS ANDERSON JEREMY LEON R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANDERSON JEREMY LEON bui: was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT , ANDERSON JEREMY LEON 844 OLD YORK ROAD CARLISLE. PA 17013 DEFENDANT IS CURRENTLY SERVING IN THE UNITED STATES ARMY BELEIVED TO BE STATIONED IN GEORGIA Sheriff's Costs: So answe f Docketing 18.00 % ' Service 5.00 r-'- ---' .. Affidavit 2.50 omas Kline NOT FOUND RETURN 5.00 Sheriff of Cumberland County POSTAGE .41 30.91 MATTISE & KELLY 05/06/2008 Sworn and Subscribed to efore me this day of A.D. n JI ? ? ? Y A NOTAMM SEAL CLAUDIA A. BREVISAKER, !`NOTARY PUBLIC Carlisle Boro. Cumbedand County My Commission Expires ADd14, 2009 r Office of the Sheriff s JOHN SZYMANSKI-SHERIFF LACKAWANNA COUNTY ¦ SCRANTON, PENNSYLVANIA 18503 ¦ (570) 963-6719 IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY ROBERT WALDBAUER ET UX No. 2008 civ. 2444 PLAINTIFF -vs- JEREMY LEON ANDERSON DEFENDANT WRIT SUMMONS NOW APRIL 28, 2008 _ , 20 , !JOHN SZYMANSKI High Sheriff of Lackawanna County, Pennsylvania, do hereby deputize the Sheriff of CUMBERLAND County, Pennsylvania, to execute this writ. This deputization being made at the request of the Plaintiff. SERVE: JEREMY LEON ANDERSON 844 OLD YORK ROAD, CARLISLE, PA. 17013 DEPOSIT CHECK ENCLOSED 100.00 PLEASE MAKE REFUND CHECK PAYABLE TO ATTORNEY THANK YOU SHERIFF JOHN SZYMANSKI CPL.BRENDA GOOSLEY AFFIDAVIT OF SERVICE NOW , 20 , at o'clock . M., I served the within upon at by handing to a true and attested copy of the original and made known to the contents thereof. Sworn and subscribed before SO ANSWERS me this day of 20 SHERIFF OF COUNTY BY: DEPUTY SHERIFF NOW , 20 See return endorsed hereon by the Sheriff of County, Pennsylvania and made a part of this return. SO ANSWERS SHERIFF OF LACKAWANNA COUNTY ISSUED APRIL 23, 2008 s Office?of the Sheriff JOHN SZYMANSKI-SHERIFF LACKAWANNA COUNTY ¦ SCRANTON, PENNSYLVANIA 1850:3 ¦ (570) 963-6719 6 IN THE COURT OF COMMON PIERS OF LACKAWANNA COUNTY ROBERT WALMAUER ET UX No. D)8 civ. 2444 PLAINTIFF -vs ISSUED APRIL 23, 2008 JEREMY LEON ANDERSON DEFENDANT WRIT __?J10NS NOW APRIL 28, 2008 -,20_, ',JOHN SZYMANSKI HighSheriff of Lackawanna County, Pennsylvania, do hereby deputize the Sheriff of CUMBERLAND _ County, Pennsylvania, to execute this writ. This deputization being made at the request of the Plaintiff. SERVE: JEREMY LEON ANDERSON _ 844 OLD YORK ROAD, CARLISLE, PA. 17013 DEPOSIT CHECK ENCLOSED 100.00 PLEASE MAKE REFUND CHECK PAYABLE TO ATTORNEY SHERIFF JOHN SZYMANSKI THANK YOU CPL.BRENDA GOOSLEY NOW AFFIDAVIT OF SERVICE _, 20 , at o'clock at and made known to Sworn and subscribed before me this day of 20 by handing to M., I served the within the contents thereof. SC ANSWERS SHERIFF OF COUNTY BY: DEPUTY SHERIFF NOW 20 See return endorsed hereon by the Sheriff of ' County, Pennsylvania and made a part of this return. SO ANSWERS SHERIFF OF LACKAWANNA COUNTY a true and attested copy of the original upon M • • DANIELLE M. ROSS, ESQUIRE Mattise &Kelly, P.C. Suite 400, SNB Plaza io8 North Washington Ave. Scranton, PA 18503 (570) 504-3200 ROBERT WALDBAUER AND ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant #2008-CW PR RECIPE FOR WRIT OF SUMMONS To the Clerk of Judicial Records: Please issue a Writ of Summons er??civil action against the Defendant above-named. GOpY . SyY to lows A ?RV? . 300 peol" 0 ID NO: 92346 ATTORNEY FOR PLAIN4= •1 :1 ?y : IN THE COURT OF COMMON PLEAS : OF LACKAWANNA COUN'T'Y : CIVIL ACTION -LAW : JURY TRIAL DEMANDED MATTISE & KELLY, P.C. DANIELLE M. ROSS, ESQUIRE Attorney for Ph naff = C. WRIT OF SUMMONS J To: JEREMY LEON ANDERSON w YOU ARE NOTIFIED that the Plaintiffs, Robert Waldbauer and Angela Waldbauer, his wife, 63 Elizabeth Street, Wilkes Barre, PA 18702, have commenced an action against you. ?` 3a C>_ ?Z N Clerk of Judicial Records of Lackawanna County APR By Date: °'. . y a Court of Common Pleas of Lackawanna County Civil Cover Sheet For Clerk of Judicial Records Use Only / Docket Number: 2008-CIV- '? vtd Plaintiff Robert Waldbauer, Angela Waldbauer Defendant Jeremy Leon Anderson His wife 844 Old York Road 63 Elizabeth St. Carlisle, PA 17013 Wilkes Barre, PA 18702 Total Number of Plaintiffs Total No. of Defendant's Commencement of Action 2 1 Summons Amount in Controversy Court Pro rms In Ex of u ' iction Amount? Jury Yes No Case Type and Code (see instructions) N6i./MVA Statutory Basis for Cause of Action (see instructions) y Remarks: To the Clerk of Judicial Records: - Please eater my appearance on behaff of Plaintiff; Y Papers may be served at the address set forth below: Name of Plaintiffs Attorney or Pro Se Plaintiff DANIELLE M. ROSS, ESQUIRE Mattise 8 Kelly, P. C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 Phone Number Fax Number (570) 504-3200 (570) 504-3209 Suyreme Court Identification No. Email Address 92346 DanWk 49 mattise-kelly.com Signature Date 1v Y r? Z? ilk Sys 0? r? X Z?r y? tad y ZO i f b I- d yw 8001 8: ?yj e``'ra ??.?,q•e ={ SWD C?m Wo na County Court of Common Pleas of L.ackawan ty SCAN Civil Cover Sheet For Clerk of Judicial Records Use Only Docket Number: 2008-CIV- act(` Plaintiff Robert Waldbauer, Angela Waldbauer His wife 63 Elizabeth St. Wilkes Barre, PA 18702 Total Number of Plaintiff s Total No. of Defendant's 2 1 Amount in Controversy Court Programs In Exccp*f sdiction Amount? Jury Yes No Case Type and Code (see instructions) NGIJMVA Statutory Basis for Cause of Action (see instructions) Remarks: To the Clerk of Judicial Records: Please enter my appearance on behaif of Plaintiff; Papers my be served at the address set forth below: Name of Plaintiffs Attorney or Pro Se Plaintiff DANIELLE M. ROSS, ESQUIRE MaMse & Kelly, P. C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 Phone Number Fax Number (570) 504-3200 (570) 504-3209 Sume Court Identification No. Identification No. 92346 Sim Defendant Jeremy Leon Anderson 844 Old York Road Carlisle, PA 17013 Email Address D=Wk @ ma"ise-krMy.com Date . 10 L DANIELLE M. ROSS, ESQUIRE Mattise & Kelly, P.C. Suite 400, SNB Plaza io8 North Washington Ave. Scranton, PA 18503 (570) 504-3200 • ID NO: 9234.6 ATTORNEY FOR PLAINTIFF 11-31 1 ROBERT WALDBAUER AND : IN THE COURT OF C0*MON` ANGELA WALDBAUM, his wife : OF LACKAWANNA COUNTY 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs CIVIL ACTION -LAW JURY TRIAL DEMANDED V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant #2008-CIV- PIMCIPE FOR WRIT OF SUMMONS To the Clerk of Judicial Records: MATTISE & KELLY, P.C. y DANIELLE M. ROSS, ESQUIRE Attorney for Ptainti, jf WRIT OF SUMMONS To: JEREMY LEON ANDERSON YOU ARE NOTIFIED that the Plaintiffs, Robert Waldbauer and Angela Waldbauer, his wife, 63 Elizabeth Stmt, Wilkes Barre, PA 18702, have commenced an action against you. Please issue a Writ of Summons in a civil action against the Defendant above-named. Clerk of Judicial Records of Lackawanna County By: Date: APR 112108 411d el, 11 :n I f?LLM ad oq• ?b rl -1 r"" zz ?'Vr 0 1gz FILED-?;rr;CF R 2010 FEB I7 PH 1.22 ?N;Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and ANGELA WALDBAUER, his wife, Plaintiffs, CIVIL DIVISION NO. I .- `Y 1 V. JEREMY LEON ANDERSON, Defendant. PRAECIPE TO WITHDRAW AND ENTER APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant 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 #17240 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and ANGELA WALDBAUER, his wife, Plaintiffs, CIVIL DIVISION NO. 16 _ '-/ V. JEREMY LEON ANDERSON, Defendant. (Jury Trial Demanded) PRAECIPE TO WITHDRAW AND ENTER APPEARANCE Kindly withdraw the appearance of the undersigned, J. Scott Brady, Esquire, of the law firm of Holland, Brady & Grabowski, P.C., on behalf of the Defendant, Jeremy Leon Anderson, in the above case. HOLLAND, BRADY & GRABOWSKI, P.C. By: Brady, Esquire PRAECIPE FOR APPEARANCE Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Jeremy Leon Anderson, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL P.C. By:_/: L Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW AND ENTER APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 200e- -Z6 16 Nicholas S. Mattise, Esquire 108 North Washington Avenue Scranton, PA 18503 J. Scott Brady, Esquire 61 North Washington Street Wilkes-Barre, PA 18701 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By:_ 'L C) - Kevin D. Rauch, Esquire Counsel for Defendant F11 ED _ -_ yr ;1;?c ,. . 'Y NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 2010 EB 22 Pill 12: 52 Cv?v+?' . ; Try ID NO: 30937 ATTORNEY FOR PLAINTIFFS ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION -LAW : JURY TRIAL DEMANDED : 2010-CIV- 471 CERTIFICATE OF SERVICE It is hereby certified that true and correct copies of Plaintiffs' Amended Interrogatories Set One and Request for Producti n of Documents, Set One were served by first class mail on the 13 ?-Q day of rF 2010, upon the following: Seth Black, Esq. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 MATTIS LL , P i BY: Nicholasse; Esq. Attorney for Plaintiffs ti T' oc 2010 FEB 23 F„ 0- 03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and ANGELA WALDBAUER, his wife, Plaintiffs, CIVIL DIVISION NO. 10-471 V. JEREMY LEON ANDERSON, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer, New Matter, and New Matter Pursuant to Rule 1031.1 within twenty (20) days from service hereof or a judgment may be entered against you. t,L-- DZ,---- Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 (Jury Trial Demanded) Filed on Behalf of the Defendant 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 #17240 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and ANGELA WALDBAUER, his wife, Plaintiffs, V. JEREMY LEON ANDERSON, Defendant. CIVIL DIVISION NO. 10-471 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jeremy Leon Anderson, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer, New Matter, and New Matter Pursuant to Rule 1031.1 and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has 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. Denied. To the contrary, Jeremy Leon Anderson is a competent adult individual residing at 4482, 115th St. SW, Apt 3, Lakewood, WA 98499. 3. Admitted. 4. Admitted. 5. It is admitted that the Plaintiffs were traveling south on Interstate 81 in their vehicle at the time of the accident. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of the remainder of the averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. COUNT I Robert Waldbauer v. Jeremy Leon Anderson 6. In response to Paragraph 6, the Defendant reiterates and repeats all of his responses in Paragraphs 1 through 5 as if fully set forth at length herein. 7. Paragraph 7 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. 8. Paragraph 8 and all its subparts 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. 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 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. 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. 15. Paragraph 15 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, Defendant, Jeremy Leon Anderson, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT II Angela Waldbauer v. Jeremy Leon Anderson 16. In response to Paragraph 16, the Defendant reiterates and repeats all of his responses in Paragraphs 1 through 15 as if fully set forth at length herein. 16. Paragraph 16 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. 17. Paragraph 17 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, Defendant, Jeremy Leon Anderson, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 18. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 19. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 20. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 21. The motor vehicle accident in controversy is subject to the Servicemembers Civil Relief Act 50 U.S.C. Appx. § 501 et seq. and this Defendant asserts as defenses, all rights, privileges, and/or immunities accruing under said act. WHEREFORE, Defendant, Jeremy Leon Anderson, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 1031.1 22. Answering Defendant, Jeremy Leon Anderson, incorporates by reference the entirety of Plaintiffs' Amended Complaint against answering Defendant without admission or adoption as though the same were set forth herein at length. 23. Answering Defendant incorporates by reference the preceding paragraphs of his Answer and New Matter as if the same were fully set forth at length herein. 24. Solely for the purposes of the within cross-claim and without admitting the truth of the same, this Defendant adopts and incorporates those allegations of the Plaintiffs' Amended Complaint and directs them to Plaintiff, Angela Waldbauer. 25. In the event it is determined that Robert Waldbauer is entitled to a recovery, the same being denied, it is thereby averred that Plaintiff, Angela Waldbauer, is solely liable to Robert Waldbauer. 26. In the event it is judicially determined that Robert Waldbauer is entitled to a recovery from this Defendant, which is denied, then it is averred that Plaintiff, Angela Waldbauer, is liable over to this Defendant for contribution and/or indemnification. WHEREFORE, Defendant, Jeremy Leon Anderson, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 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, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is that of counsel and not of the Defendant. Defendant has read the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 and to the extent that the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 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, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 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: -?, #17240 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER , NEW MATTER AND NEW MATTER PURSUANT TO RULE 1031.1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 22nd day of February, 2010. Nicholas S. Mattise, Esquire 108 North Washington Avenue Scranton, PA 18503 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: u - Kevin D. Rauch, Esquire Counsel for Defendant 2 p1AR 16 A ; i 1: 3 9 .. NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 ROBERT WALDBAUER and ANGELA WALDBAUER, his wife v. Plaintiffs JEREMY LEON ANDERSON Defendant ID NO: 30937 ATTORNEY FOR PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED : 2010-CIV- 471 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER NOW COME the Plaintiffs in the above-captioned matter, by and through their attorneys, Nicholas S. Mattise and Mattise & Kelly, P.C., and reply to Defendant's New Matter as follows: 1. With regard to the averments contained in paragraph 18 of Defendant's Answer, under the heading of New Matter, those averments constitute conclusions of law to which no response is required. 2. With regard to the averments contained in paragraph 19 of Defendant's Answer, under the heading of New Matter, those averments constitute conclusions of law to which no response is required. 3. With regard to the averments contained in paragraph 20 of Defendant's Answer, under the heading of New Matter, those averments constitute conclusions of law to which no response is required. 4. With regard to the averments contained in paragraph 21 of Defendant's Answer, under the heading of New Matter, those averments constitute conclusions of law to which no response is required. Wherefore, Plaintiffs request that this Honorable Court deny and/or dismiss the Defendant's New Matter and grant judgment to them and against the Defendant, as requested in their complaint. REPLY TO NEW MATTER PURSUANT TO RULE 1031.1 5. With regard to the averments contained in paragraph 22 of Defendant's Answer, under the heading of New Matter pursuant to Rule 103 no response is required. 6. With regard to the averments contained in paragraph 23 of Defendant's Answer, under the heading of New Matter pursuant to Rule 103 by way of answer, the preceding responses of this Reply are incorporated herein by reference. Further, the averments constitute conclusions of law to which no responsive pleading is required. 7. With regard to the averments contained in paragraph 24 of Defendant's Answer, under the heading of New Matter, pursuant to Rule 103 those averments do not make any specific allegation of fact with regard to the Plaintiff. However, to the extent that the Defendant is attempting to make assertions that the accident in question and/or Plaintiffs' resulting injuries and resulting damages were caused in any way by Angela Waldbauer, it is specifically denied that Plaintiff, Angela Waldbauer, was negligent or in any way responsible or the legal cause of the accident in question or the injuries and/or damages alleged by the Plaintiffs in their Complaint. In fact, the accident in question and Plaintiffs' resulting injuries and damages were caused by negligent and/or other liability-producing conduct of the Defendant, as set forth in Plaintiff's Complaint, the averments of which are herein incorporated by reference. 8. With regard to the averments contained in paragraph 25 of Defendant's Answer, under the heading of New Matter pursuant to Rule 103 those averments constitute conclusions of law to which no responsive pleading is required. By way of further answer, the preceding averments of this Reply are incorporated by reference and it is specifically denied that Plaintiff Angela Waldbauer is solely liable to Robert Waldbauer for his injuries and resulting damages from the accident in question. 9. With regard to the averments contained in paragraph 26 of Defendant's Answer, under the heading of New Matter pursuant to Rule 103 those averments constitute conclusions of law to which no responsive pleading is required. By way of further answer, the preceding averments of this Reply are incorporated by reference By way of further answer, the preceding averments of this Reply are incorporated by reference and it is specifically denied that Plaintiff Angela Waldbauer is liable over to the Defendant with regard to Robert Waldbauer's injuries and resulting damages from the accident in question. Wherefore, Plaintiffs request that this Honorable Court deny and/or dismiss the Defendant's New Matter pursuant to Rule 103 and grant judgment to them and against the Defendant, as requested in their complaint. NEW MATTER NOW COMES Plaintiff Angela Waldbauer, and asserts the following as New Matter to Defendant's 1031.1 claim: 10. Any assertion by the Defendant's that Plaintiff Angela Walbaurer is solely liable for the accident in question and for Plaintiff Robert Waldbauer's resulting injuries and damages is time barred by the applicable statute of limitations. 11. The averments contained in Defendant's New Matter pursuant to Rule 1031.1 fail to set forth averments of fact upon which relief can be granted to the Defendant. Wherefore, Plaintiffs request that this Honorable Court deny and/or dismiss the Defendant's New Matter pursuant to Rule 1031.1, and grant 'udgment to them and against the Defendant, as requested in their complai Nicho as S. Mattise, Esq. Attorney for Plaintiffs VERIFICATION We hereby depose and state that we are authorized to make this Verification, and that the factual statements in the attached Reply to New Matter are true and correct to the best of our knowledge, information and belief. We understand that this statement is made subject to the penalties of the 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ell"A ROBERT WALDBAUER ELA ALDBAUER NICHOLAS S. MATTISE, ESQUIRE MATTISE & KELLY, P.C. Suite 400, SNB Plaza 108 North Washington Ave. Scranton, PA 18503 (570) 504-3200 ID NO: 30937 ATTORNEY FOR PLAINTIFFS ROBERT WALDBAUER and ANGELA WALDBAUER, his wife 63 Elizabeth Street Wilkes Barre, PA 18702 Plaintiffs V. JEREMY LEON ANDERSON 844 Old York Road Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW : JURY TRIAL DEMANDED : 2010-CIV- 471 CERTIFICATE OF SERVICE It is hereby certified that a true and correct ggpy of Plaintiffs' Reply to New Matter was served by first class mail on the day of r- r I--, , 2010, upon the following: Seth Black, Esq. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 MA & L , P.C. BY: Nicholas S. Mattise, sq. Attorney for Plaintiffs • , 4 ., IT THE P?QTI-CAxOTAPY 2010 MAR 22 PH 1: 04 rr ?.., tr 1^? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and CIVIL DIVISION ANGELA WALDBAUER, his wife, Plaintiffs, NO. 10-471 v. JEREMY LEON ANDERSON, Defendant. DEFENDANT'S REPLY TO PLAINTIFFS' NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant 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 #17240 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and CIVIL DIVISION ANGELA WALDBAUER, his wife, Plaintiffs, NO. 10-471 V, JEREMY LEON ANDERSON, Defendant. (Jury Trial Demanded) DEFENDANT'S REPLY TO PLAINTIFFS' NEW MATTER AND NOW, comes the Defendant, Jeremy Leon Anderson, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and files the following Reply to Plaintiffs' New Matter and in support thereof avers as follows: 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. f' WHEREFORE, Defendant, Jeremy Leon Anderson, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S REPLY TO PLAINTIFFS' NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18TH day of March, 2010. Nicholas S. Mattise, Esquire 108 North Washington Avenue Scranton, PA 18503 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant J w LAW OFFICES OF HUBSHMAN CAREY & FLOOD }}~~++ F(~l_t~~-~~'' ~t- ~: ' 1t- ?Ear ~~~i 4 ~' i':~~ :R.f : 1 BY: BRIANNE L. HOFFLER, ESQUIRE Brianne_L_Hoffler@progressive.com ZOIQ JJ~d 25 f ~~~ 5 j Attorney Identification No. 93822 5165 Campus Drive, Suite 200 CUl~~ _,,:~ , ~:.~JI~7Y Plymouth Meeting, PA 19462 Attorney for Defenda~,~~r„~YL~/A~;,4 610-832-1801 Angela Waldbauer HC FILE O15J2-75386 ROBERT WALDBAUER and ANGELA WALDBAUER COURT OF COMMON PLEAS CUMBERLAND COUNTY v. JEREMY LEON ANDERSON NO. 10-471 v. ANGELA WALDBAUER DEFENDANT, ANGELA WALDBAUER'S REPLY TO NEW MATTER PURSUANT TO RULE 1031.1 22-24. Answering defendant incorporates by this reference paragraphs 1 through 21, inclusive of her answer to defendant's new matter pursuant to rule 1031.1 as fully as though the same were herein set forth at length. 25. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further answer, answering defendant denied that she was in any way negligent or a substantial factor in causing the accident. The accident was solely the result of the negligence of the co-defendant, Jeremy Leon Anderson. 26. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. WHEREFORE, answering defendant demands judgment in her favor, and against all other parties, along with such other relief as this Honorable Court deems appropriate. LAW OFFICES OF HUBSHMAN, CAREY & FLOOD° BY: BRIANNE L. HOFFLER, ESQUIRE Attorney for Defendant, Angela Waldbauer DATE: U 2 LAW OFFICES OF HUBSHMAN, CAREY BY: BRIANNE L. HOFFLER, ESQUIRE Brianne_L Hoffler@progressive.com Attorney Identification No. 93822 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-832-1801 HC FILE O15J2-75386 ROBERT WALDBAUER and ANGELA WALDBAUER v. JEREMY LEON ANDERSON v. ANGELA WALDBAUER TO THE PROTHONOTARY: & FLOOD ~4L~~}-~~r=-{~:~~ t~F ?~-ic ~~~ T, ~~-,~~'^T~RY 2010 J~~J 2S Pik I2~ 57 ~,~~ Attorney for Defendant, Angela Waldbauer COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-471 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Additional Defendant, Angela Waldbauer in the above-captioned matter. DATE: C LAW OFFICES OF HUBSHMAN, CAREY & FLOOD z_,. BY: B E L. HOFFLER, ESQUIRE Attorney for Defendant, Angela Waldbauer OCT 01 ZU1U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and ANGELA WALDBAUER, his wife, Plaintiffs, V. JEREMY LEON ANDERSON, Defendant, v. ANGELA WALDBAUER, Additional Defendant. CIVIL DIVISION NO. 10-471 (Jury Trial Demanded) c- c~ ~; -~ -- .-~ s,~ t o rT~ ~.:,_ ~-- ~ --r, ~ ' ~ ~ t~ ~~ .. ~~; _r ORDER AND NOW, this ~~' ,day of ~e~¢~ , 2010, upon consideration of the Defendant's Motion for Status Conference, it is hereby ordered that a Status I I: O V A .(~ Conference shall be held on l ~~ d in Courtroom S of the Cumberland County Courthouse. ~~ Distribution List: ~ Nicholas S. Mattise, Esquire, Mattise & Kelly, P.C.; Suite 400 SNB Plaza, 108 North Washington Avenue, Scranton, PA 18503 / Seth T. Black, Esquire, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 / Brianne L. Hoffler, Esquire, Hubshman, Carey & Flood, 5165 Campus Drive, Suite 200, Plymouth Meeting, PA 19462 Copies ---~a: i'.ea( 1 o~4~w LAW OFFICES OF HUBSHMAN, C:AREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Additional Defendant 51883 ANGELA WALDBAUER and ROBERT WALDBAUER Plaintiffs VS. JEREMY ANDERSON Defendant vs. ANGELA WALDBAUER Additional Defendant : .m IN THE COURT OF COMMON PLEAS. OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-471 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Additional Defendant, Angela Waldbauer, in the above-captioned matter. HUBSHMAN, CAREY & FLOOD (?/_ By: Jame M. Flood, Esquire Attorney for Additional Defendant LAW OFFICES OF HUBSHMAN, CAREY & FLOOD BY: BRIANNE L. HOFFLIER, ESQUIRE Brianne-L Hoffler@progressive.com ° .Attorney Identification No. 93822 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendant, 610-832-1801 Angela Waldbauer HC FILE 015J2-75386 ROBERT WALDBAUER and ANGELA WALDBAUER V. JEREMY LEON ANDERSON V. ANGELA WALDBAUER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-471 WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Additional Defendant, Angela Waldbauer in the above-captioned matter. a DATE: LAW OFFICES OF HUBSHMAN, CAREY & FLOOD BY: 41A&LL. fOO FF LER, Attorney for Defendant, Angela Waldbauer LAW OFFICES OF HUBSHMAN. CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 13505 Phone #570-961-7580 Attorney for Additional Defendant S1883 ANGELA WALDBAUER and ROBERT WALDBAUER Plaintiffs VS. JEREMY ANDERSON t r ^ •; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant VS. ANGELA WALDBAUER Additional Defendant : NO. 10-471 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that a true and correct copy of a Praecipe for Entry of Appearance and Praecipe for Withdrawal of Appearance were served upon all parties this date via United States first class mail at the following addresses: Attorney for Plaintiffs Danielle Ross, Esquire 108 North Washington Avenue Scranton, PA 18503 AttorneKfor Defendant Seth Black, Esquire 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 HUBSHMAN, CAREY & FLOOD ?-/ ?( v Date: to S By: ?? JAMES M. FLOOD, ESQUIRE Attorney for Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT WALDBAUER and ANGELA WALDBAUER, his wife, Plaintiffs, CIVIL DIVISION V. JEREMY LEON ANDERSON, Defendant, V. ANGELA WALDBAUER, Additional Defendant. NO. 10-471 (Jury Trial Demanded) PRAECIPE TO DISCONTINUE TO: Prothonotary Please mark the above-referenced case settled and discontinued. MATTISE & KELLY, P.C. ?J hJ cn r- rn ca C) c7 z ; v? ?-n rn co - , ...., Gtr By: 0) Nic olas S. attise, Esquire Counsel for Plaintiffs