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HomeMy WebLinkAbout10-2752IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kimberly A. Brookhart and Michael Brookhart, her husband, 6111 Millbank Drive Mechanicsburg, PA 17050 Plaintiffs Defendant ? N n ` - o PRAECIPE FOR WRIT OF SUMMONS nr, -? s rte. ,.L N --r t ;? TO THE PROTHONOTARY OF CUMBERLAND COUNTY: s' a =-> ± i..J , ..,... Please issue writ of summons in the above-captioned action. > c rri X Writ of Summons shall be issued and forwarded to ( )Attorney (x) Sheriff a cli .? TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, Pennsylvania 17025 (717) 728-3200 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Walter B. Pond Walter B. Pond 222 Messiah Circle, Apt. 413 versus Mechanicsburg, PA 17055 No. ID - d'l5a C IV; (TeM Civil Action - Law JURY TRIAL DEMANDED YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: by otary/Clerk f Courts - Civil Division Deputy ( ) Check here if reverse is issued for additional information sqa. oo O p ATT ? CK'? ? 5110 ?# ay 10;8? ,r ~~ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ~iU~+~t .r iJ. '~ !~y i f'~.i d'tV~~'' i ~Y?i;~!f~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. BROOKHART and MICHAEL BROOKHART, her husband, Plaintiffs NO. 10-2752 v. CIVIL ACTION -LAW JURY TRIAL DEMANDED WALTER B. POND, Defendant COMPLAINT AND NOW, come the Plaintiffs, Kimberly A. Brookhart and Michael Brookhart, her husband, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the following: 1. Plaintiff, Kimberly A. Brookhart, is an adult individual who currently resides at 6111 Millbank Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Michael Brookhart, is an adult individual who currently resides at 6111 Millbank Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs, Kimberly A. Brookhart and Michael Brookhart, are husband and wife, having been married on August 2, 1983. 4. Defendant, Walter B. Pond, is an adult individual whose last known address is 222 Messiah Circle, Apt. 413, Mechanicsburg, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on September 15, 2008, at or about 10:50 a.m. on U.S. Route 15 near Interstate 581 in Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Kimberly A. Brookhart, was the operator of a 2008 Volvo Sedan owned by Wheels, LT, bearing Pennsylvania .. registration number GWF2653. This was a company vehicle provided to herby her employer, Boehringer Ihgeheim Pharmaceuticals. 7. At the aforesaid time and place, Defendant, Walter B. Pond, was the owner and operator of a 1996 Chevrolet Sedan bearing Pennsylvania registration number DBL0353. 8. At the aforesaid time and place, Plaintiff, Kimberly A. Brookhart, was operating a the 2008 Volvo South on U.S. Route 15 in the course and scope of her employment. 9. At the aforesaid time and place, Defendant, Walter B. Pond, was stopped in his 1996 Chevrolet facing South on U.S. Route 15 for a steady red traffic light. Defendant, Walter B. Pond, proceeded through the steady red traffic light, striking the rear of the 2008 Volvo operated by Plaintiff, Kimberly A. Brookhart. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Walter B. Pond, in operating the 1996 Chevrolet Sedan in a careless, reckless, and negligent manner as follows: a) After having stopped for a steady red signal, failing to keep his vehicle stopped until an indication to proceed was shown in violation of section §3112 (3) (i) of The PA Motor Vehicle Code; b) Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him/her to bring his/her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; c) In failing to have his vehicle under proper and adequate control; d) In failing to apply the brakes in time to avoid the collision; e) In failing to observe Plaintiff's vehicle on the highway; f} In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; g) In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the plaintiff; h} In failing to properly observe traffic signals controlling defendant's direction of travel; h) In failing to keep a reasonable look-out for other vehicles lawfully on the road; and i) In attempting to enter an intersection when such movement could not be safely accomplished. COUNTI KIMBERLY A. BROOKHART v. WALTER B. POND 11. Paragraphs 1 through 10 of Plaintiff s Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 12. As a result of the aforesaid collision, Plaintiff, Kimberly A. Brookhart, has suffered serious and permanent injuries, including but not limited to the following: a) Right hip contusion; b) Vertigo with visual tracking to the right; and c) Strain and sprain of the muscles, tendons and ligaments and other connective and supportive tissues of the lumbar spine; d) Strain and sprain of the muscles, tendons and ligaments and other connective and supportive tissues of the cervical and thoracic spine; e) Right shoulder injury; and e) Post traumatic headaches with dizziness. 13. As a direct and proximate result of the aforesaid injuries, Plaintiff, Kimberly A. Brookhart, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Kimberly A. Brookhart, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Kimberly A. Brookhart, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Kimberly A. Brookhart, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 17. As a further result of this collision, Plaintiff, Kimberly A. Brookhart, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. As a further result of the aforesaid injuries, Plaintiff, Kimberly A. Brookhart, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. Plaintiff, Kimberly A. Brookhart, was the named insured on a policy of insurance issued to her by Atlantic States Insurance Company, bearing policy number PAG3065165, which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit "A". Therefore, Plaintiff, Kimberly A. Brookhart, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Kimberly A. Brookhart, demands judgment against Defendant, Walter B. Pond, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II MICHAEL BROOKHART v. WALTER B. POND 20. Paragraphs 1 through 19 of Plaintiff s Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21. As a further result of injuries sustained by his wife, Plaintiff, Michael Brookhart, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to her great detriment and loss. WHEREFORE, Plaintiff, Michael Brookhart, demands judgment against Defendant, Walter B. Pond, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENRGER & JANUZZI, LLP Attorneys r Plaintiff By: ~~ imothy A. Shollenberger, Esq. Attorney I.D. #34343 Adam T. Wolfe, Esq. Attorney I.D. #201057 Date: c~(a31 ~~ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KIMBERLY A. BROOKHART and MICHAEL BROOKHART, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WALTER B. POND, Defendant NO. 10-2752 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE. AND NOW this ~`~ day of June, 2010, I hereby certify that I have served the foregoing Complaint on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 100 S. Northern Way York, PA 17402-3737 By: Respectfully submitted, ShollenJ~rger & Januzzi, LLP Timothy A. Shollenberger, Esq. Attorney I. D. #34343 Adam T. Wolfe, Esq. Attorney I.D. #201057 A~LAIU~{~ ~~~T~~ I NSUREDS COPY lNStIAAAtCE CC3iNPANY ~DonegaiGompanY RENEWAL OF POLICY PAG 3065165 M~ri~tG3, PA t?54T-fl3C32 PERS013AL AUTO POLICY - SUPERIOR XL AU"T"O PROGRAM AMENDED DECLARATION EFFECTIVE 05j02/0$ SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME POLICY 1VUMBER FOR THIS ~OLIGY PERIflD ~r~~c:.'i~:v~: .tx:v,t R. PAG 3065165 05j02j08 05j02/0 ATLANTIC STATES INS. CO. 100052700 BROOKHART MICHAEL M & KIMBERLY 6111. MILLBANK DRIVE MECHANICSBURG PA 17055 PAUL E DEIBLER INSURANCE 05 3848 DERRY STREET HARRISBURG PA 17111 VEHICLES COVERER UNIT 5T TER YR MAKE MODEL SERIAL NUMBER SYNI CLASS MAX LT CHG DATE 001 PA 015 0$ CHEVROLET MALIBU LT 1G1ZK577284234896 18 8$9160 05j02j08 002 PA 015 97 BUICK REGAL GS ZG4WF5213V147$?TZ 10 806640 05j02j0$ INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE COVERAGE LIMITS OF LIABILITY PREMIUMS UNI T 1 2 FULL TORT OPTION APPLIES TO THIS POLICY YES YES SPLIT LIABILITY LIMITS PP0309 0486 BODILY INJURY LIABILITY $300,000 EACH PERSON $300,000 EACH ACCIDENT 65.00 196.00 PROPERTY DAMAGE LIABILITY $100,000 EACH ACCIDENT 2$.00 $6.00 UNINSURED MOTORIST BODILY INJURY PER PERSON $15,000 PER ACCIDENT $30,OD0 (NO STACKING OF COVERAGE) 15.00 15.00 UNDERINSURED MOTORIST BODILY INJURY PER PERSON $1r,,~00t1 -PER ACCIDENT $30,000 (NO STACKING OF COVERAGES ~~~- 19.00 19.00 MEDICAL EXPENSE COVERAGE $10,000 14.©0 42.00 WORK LOSS COVERAGE $1,000 MONTHj$5,000 TOTAL 5.00 5.00 ACCIDENTAL DEATH BENEFIT $5,000 1.00 1.00 Pl•2 (9788} ~._l~ ~~~~M(.a+,w ...J Prgsidc~c~t 05j15j08 20:06:2289 CONTINUER ON REVERSE SIDE REFER TO FINAL PAGE FOR BILLING NOTICE ATC.ANTtC STATES INSURANCE COMPANY A Donegal Company htariotta, lea ~ ~~~-U3a2 INSUREDS COPY RENEWAL OF POLICY PAG 3065165 PERSONAL AUTO POLICY - SUPERIOR XL AUTO PROGRAM AMENDED DECLARATION EFFECTIVE 45/42j48 SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME POLICY NUMBER FOR THIS POLICY PERIOD EFFE TIVE A.M FAG 306516:5 ~ a5/422/48 05j42j49 ATLANTIC STATES INS. CO. 00052? 44 BROOKHART MICHAEL M & 1{IMBERLY 6111 MILLBANK DRIVE MECHANICSBURG PA 17055 t r ~ ~ ,r ~~~-~ats.s PAUL E DEIBLER INSURANCE 384$ DERRY STREET HARRISBURG PA 17111 INSURANCE IS PROVIDED WHERE A PREMIUM IS SHflFiN FOR THE COVERAGE COVERAGE LIMI"T"S OF LIABILITY PREMIUMS UNIT 1 2 OTHER THAN COLLISION LOSS LESS $1.44 DEDUCTIBLE 90,40 86.04 COLLISION LOSS LESS $250 DEDUCTIBLE INCREASED TRANSPORTATION EXPENSE COVERAGE $34 PER DAY/MAx $944 TOWING & LABOR $25 LIMIT PACE PROTECTOR A $91.44 ACCOUNT CREDIT HAS HEEN DEDUCTED IN DETERMINING YOUR TOTAL PREMIUM 191,04 18.40 INCL I NCI, INCL TOTAL BY UNIT 446.40 454.44 TOTAL TERM PREMIUM $896.40 15$ ANTI-THEFT DISCOUNT APPLIED TO UNITS 1,2 34$ PASSIVE RESTRAINT DISCOUNT APPLIED TO UNITS 1,2 ANTI-LOCK BRAKING DISCOUNT APPLIED UNITS ].,2 ~~.-z (g~aa} p~}rw.t~ Presi~ont 45/15/48 20:46:2289 CONTINUED ON NEXT PAGE a5 REFER TO FINAL PAGE FOR BILLING NOTICE PLC- ..-: ; _a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. BROOKHART and NO. 10-2752 CIVIL TERM MICHAEL BROOKHART, Plaintiffs V. CIVIL ACTION - LAW WALTER B. POND, Defendant JURY TRIAL DEMANDED To: Kimberly A. Brookhart and Michael Brookhart, Plaintiffs c/o Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLY OS & CALKII?g 1Z By: MICH EL B. SC EIB, ESOUIR PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(&,P-slsc.com Date: 2010 T Attorney for Defendant, Walter B. Pond IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. BROOKHART and MICHAEL BROOKHART, Plaintiffs V. WALTER B. POND, Defendant NO. 10-2752 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 2 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 3 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 4. Denied. To the contrary, Defendant resides at 222 Messiah Circle, Apt. 229, Mechanicsburg, Cumberland County, Pennsylvania. 5. Admitted. 6. Denied. Defendant is unaware of who was operating the 2008 Volvo Sedan at said time and place. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 6 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that there was a 2008 Volvo traveling South on U.S. Route 15. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 9. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 10. Denied. Paragraph 10 states a legal conclusion to which no response is required. To the extent a response is deemed necessary, said allegations are denied and strict proof thereof demanded. COUNT I KIMBERLY A. BROOKHART v. WALTER B. POND 11. In response to paragraph 11, Defendant reiterates and repeats paragraphs 1 through 10 as if set forth more fully at length herein. 12. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 13. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 17. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 18. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 19. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 19 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. WHEREFORE, Defendant, Walter B. Pond, demands judgment in his favor and against the Plaintiffs, Kimberly A. Brookhart and Michael Brookhart, together with costs of suit. COUNT II MICHAEL BROOKHART v. WALTER B. POND 20. In response to paragraph 20, Defendant reiterates and repeats paragraphs 1 through 19 as if set forth more fully at length herein. 21. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 21 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. WHEREFORE, Defendant, Walter B. Pond, demands judgment in his favor and against the Plaintiffs, Kimberly A. Brookhart and Michael Brookhart, together with costs of suit. By way of further defense: NEW MATTER 22. Paragraphs 1 through 21 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length. 23. Plaintiffs' injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 24. Plaintiffs' injuries, if any, may be barred or limited by a limited tort selection. 25. Plaintiffs' injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 26. Plaintiffs' injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 27. Plaintiffs' damages were caused by their own conduct. 28. Plaintiffs' recovery may be barred or limited by the amount of uninsured or underinsured motorist's benefits, if any, to which Plaintiff may be entitled to recover. 29. Defendant is entitled to have the Court mold any verdict in Plaintiffs' favor to reflect the amount of uninsured or underinsured motorist's benefits, if any, which Plaintiffs have received. WHEREFORE, Defendant, Walter B. Pond, demands judgment in his favor and against the Plaintiffs, Kimberly A. Brookhart and Michael Brookhart, together with costs of suit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: 2010 By: MICHAEL B. SCH IB, ESQUIRE,' PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib ,gslsc.com Attorney for Defendant, Walter B. Pond VERIFICATION I, Walter B. Pond, hereby verify that the statements made in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. J Dated: WALTER B. POND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. BROOKHART and MICHAEL BROOKHART, Plaintiffs NO. 10-2752 CIVIL TERM V. WALTER B. POND, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of 2010, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Answer With New Matter, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS B? !'- Y M C AEL B. C EIB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibggslsc.com Attorney for Defendant, Walter B. Pond SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KIMBERLY A. BROOKHART and MICHAEL BROOKHART, her husband, Plaintiffs V. WALTER B. POND, Defendant C'.7 "q 'ma=r=' - - - ? ; C D IN THE COURT OF COMft N PLEt CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2752 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT WALTER B. AND NOW COMES THE PLAINTIFFS, KIMBERLY A. BROOKHART AND MICHAEL BROOKHART, by and through their attorney, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New Matter of Defendant WALTER B. POND (hereinafter "Defendant"), and, in support thereof, respectfully represents the following: 22. Paragraphs 1 through 21 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 24. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 26. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully requests that the Defendants' New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. SI B, rStd Date: Septembe , 2010 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KIMBERLY A. BROOKHART and MICHAEL BROOKHART, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. WALTER B. POND, Defendant NO. 10-2752 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 231 AND NOW this day of September 2010, 1 hereby certify that I have served the following Plaintiffs' Reply to New Matter of Defendant, Walter B. Pond on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-0737 SHOLLENBERGER & JANUZZI, LLP ? ? y A. holle erger, Esquire Z3 Date: September, , 2010 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KIMBERLY A. BROOKHART and MICHAEL BROOKHART, her husband, Plaintiffs V. WALTER B. POND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2752 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this day of September, 2011, 1 hereby certify that a copy of the foregoing Notice of Deposition of Walter B. Pond has been served upon the following, via U.S. Mail: Erick Violago, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 100 S. Northern Way York, PA 17402-3737 r r pRO I HONOTAF-, 2011 SEP 12 AM I I : ?? ?, (-UMBERLAND COUNT`, PENNSYLVANIA SHOLLENBERGER & JANUZZI, LLP By, Tiimoffiy A. Shollenberger, Esq. Attorney ID# 34343 r iLEO-Of= F'ICE jj THE PROTHONOTARY SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KIMBERLY A. BROOKHART and MICHAEL BROOKHART, her husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2752 WALTER B. POND, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF tERVICE AND NOW this of December, 2011, 1 hereby certify that I have served the updated Workers Compensation lien as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Erick Violago, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-0737 2011 DEC 21 PM 1: 00 CUMBERLAN COUNTY PENNSYLVANIA SHOLLEN'BEF eR & JANUZZI, LLP By: oate Pe11A..rk,aory IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI4-, ?N4wf KIMBERLY A. BROOKHART and NO. 10-2752 CIVIL TER :g. - MICHAEL BROOKHART, rn ? rn t, Plaintiffs 'r-° mac' ,.,gyp W d .--a V. '0 CIVIL ACTION - LAW t C" WALTER B. POND, - ' Defendant JURY TRIAL DEMANDED w --' CERTIFICATE OF SERVICE AND NOW, this day of 2012, I, Erick V. Violago, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Answer to Interrogatories, by First Class, postage prepaid, addressed to the party or attorney of record as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (Attorney for Plaintiffs) GRIFFITH L AN, SOL KIN$,' By. ERICK V. VI AGO, ESQUIRE PA 20234. 110 So Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Eviola o a,gslsc.com Attorney for Defendant, Walter B. Pond C_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS79V WLIA , BROOKHART and KIMBERLY A NO. 10-2752 CIVIL TER M V - . MICHAEL MICHAEL BROOKHART, `? ? ' w Plaintiffs c7 -c? ? c=;: V. CIVIL ACTION - LAW z c -- o r WALTER B. POND, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this o71'? day of , 2012, I, Erick v. Violago, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Responses to Request for Production of Documents, by First Class, postage prepaid, addressed to the party or attorney of record as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALF By: ERICV. VIOLA ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Eviolago@gslsc.com Attorney for Defendant, Walter B. Pond