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HomeMy WebLinkAbout10-7011FILED-OFFICE OF THE F?'C 19 0T,,0TAR`( Nil !2.59 ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com JUSTIN T. ABICHT, Plaintiff V. KARLIE R. CASEY and KIM L. CASEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. /G 7011 gl1/' l JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 452235 2 Liberty Avenue Carlisle, PA 17013 f'j fOC?, (717) 249-3166 pd ?? a? 7UD AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 452235 ANGINO & ROVNER, P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com JUSTIN T. ABICHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V. KARLIE R. CASEY and KIM L. CASEY, Defendants NO. 16-76/1 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Justin T. Abicht is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 43 Regency Woods North, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Karlie R. Casey, is an adult individual, who resides at 455 W. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Kim L. Casey, is an adult individual, who resides at 1473 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015. 4. The facts and occurrences hereinafter related took place on or about August 5, 2010, at approximately 1:35 P.M. on Pa. Rte. 944 west, Middlesex Township, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff Justin T. Abicht was a back seat passenger in a 1998 Ford Explorer, owned by Defendant Kim L. Casey, and operated by Defendant Karlie R. Casey. 452235 6. At that time and place, Defendant Karlie R. Casey drove her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 7. In attempting to execute a sharp curve on Pa. Rte 944 west, Defendant Karlie R. Casey lost control of the 1998 Ford Explorer. 8. Defendant Karlie R. Casey swerved to the right, causing the 1998 Ford Explorer to roll over several times, coming to rest on its roof. COUNT 1 JUSTIN T. ABICHT v. KARLIE R. CASEY 9. Paragraphs 1 through 8 of Plaintiff's Complaint are incorporated herein by reference. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Justin T. Abicht are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Karlie R. Casey operated her vehicle as follows: a. failure to travel at a safe speed; b. failure to take reasonable evasive action to avoid the accident; C. failure to keep proper and adequate control over her vehicle; d. failure to drive her vehicle with due regard for the highway which was existing and of which she was, or should have been, aware; and e. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 452235 COUNT II JUSTIN T. ABICHT v. KIM L CASEY-Negligent Entrustment 11. Paragraphs 1 through 10 of Plaintiff's Complaint are incorporated herein by reference. 12. The foregoing accident and all the injuries and damages set forth hereinafter sustained by Plaintiff Justin T. Abicht are the direct and proximate result of the negligence of Defendant, Kim L. Casey, for entrusting the 1998 Ford Explorer to Defendant Karlie R. Casey as follows: a. permitting Defendant Karlie R. Casey to operate the 1998 Ford Explorer although he knew or should have known that Defendant Karlie R. Casey did not have adequate experience and judgment to adequately control and operate the 1998 Ford Explorer; b. permitting Defendant Karlie R. Casey to operate the 1998 Ford Explorer although he knew or should have known that Defendant Karlie R. Casey was careless and reckless in the operation of motor vehicles; C. failing to properly supervise the operation and use of the 1998 Ford Explorer by Defendant Karlie R. Casie; and d. permitting Defendant Karlie R. Casie to operate the 1998 Ford Explorer in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM 1 JUSTIN T. ABICHT v. KARLIE R. CASEY AND KIM L. CASEY 13. Paragraphs 1 through 12 of Plaintiff's Complaint are incorporated herein by reference. 14. As a result of Defendant's negligence, as herein before related, Plaintiff Justin T. Abicht has sustained injuries which are included, but are not limited to the following: a. multiple fractures, in particular to his lumbar vertebrae, at L6 and L2 and ribs; 452235 b. diffuse muscle-skeletal trauma and injuries resulting in low back pain, rib pain, and chest pain; C. a severe laceration to his left elbow; and d. a collapsed lung in his left chest. 15. By reason of the aforesaid injuries sustained by Plaintiff Justin T. Abicht, he was forced to incur liability for medical treatment, medications and similar miscellaneous expenses in an effort to restore himself to health and claim is made therefor, to the extent allowed by law. 16. Because of the nature of his injuries, Plaintiff Justin T. Abicht, has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor, to the extent allowed by law. 17. As a result of the aforementioned injuries, Plaintiff Justin T. Abicht has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment and claim is made therefor. 18. As a result of the aforesaid injuries, Plaintiff Justin T. Abicht has been and in the future will be subject to great humiliation and embarrassment, and has suffered disfigurement, and claim is made therefor. 19. Plaintiff Justin T. Abicht continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 20. As a result of the aforementioned injuries, Plaintiff Justin T. Abicht has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, 452235 and claim is made therefor. WHEREFORE, Plaintiff, Justin T. Abicht demands judgment against Defendants Karlie R. Casey and Kim L. Casey in an amount in excess of Fifty Thousand ($50,000) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: Respectfully submitted, ANGIN P.C. adlock, Esquire I.D. 0.47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 452235 VERIFICATION I, JUSTIN T. ABICHT, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. W' ss ?4- " - JUS IN ABICHT Date: 111--1kld Date: ? D1 a, q/( 0 452235 DuFFY CoNNoRs, LLP By: Kevin L. Connors, I.D. #52819 Holly M. Ballas, I.D. #201215 102 Pickering Way, Suite 400 Exton, PA 19341 610.524.2100 ATTORNEYS FOR DEFENDANT Karlie R. Casey JUSTIN T. ABICHT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 10-7011 ?-; KARLIE R. CASEY and KIM L. CASEY, JURY TRIAL DEMANDED © - Defendants c? C" lc:) ENTRY OF APPEARANCE -CD vc ?' N) r z m ! rv 5 TO THE PROTHONOTARY: _41 Kindly enter our appearances ; regard to the above-captioned matter. Date: December 1, 2010 DuFFY CoNNoRs, LLP By: Kevin L. Connors, I.D. #52819 Holly M. Ballas, I.D. #201215 102 Pickering Way, Suite 400 Exton, PA 19341 610.524.2100 JUSTIN T. ABICHT, Plaintiff V. KARLIE R. CASEY and KIM L. CASEY, Defendants ATTORNEYS FOR DEFENDANT Karlie R. Casey IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-7011 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Entry of Appearance was served by first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner_ P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 Date: December 1, 2010 SHERIFF'S OFFICE OF CUMBERLAND; CP?NTY Ronny R Anderson FILED-OP PI ? Of Sheriff OF THE FROTWPI T Np??rARY Jody S Smith 2 0 DEC -84 §-N 68 Pay 3; ? R Chief Deputy Richard W Stewart ? AH71 6r -? " Solicitor wriS y ! y{h ; '; > r Justin T. Abicht Case Number vs. Karlie R. Casey (et al.) 2010-7011 SHERIFF'S RETURN OF SERVICE 11/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Karlie R. Casey, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Karlie R. Casey. Request for service at 455 W. Penn Street, Carlisle, PA 17013 the defendant was not found. However, The Carlisle Postmaster is still delivering Karlie R. Casey's mail to 455 W. Penn Street, Carlisle, PA 17013. 12/01/2010 03:32 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 1, 2010 at 1532 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kim L. Casey, by making known unto herself personally, at 1467 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. L? ff? NOAH CLINE, DEPUTY SHERIFF COST: $55.24 December 06, 2010 SO ANSWERS, f /' RONNY R ANDERSON, SHERIFF FILED-OFFICE Of THE RROTHPJNO T,^ R 2010 DEC 20 PPS 3: 17 CDMRERLAIND COUNTDUFFY CONNORs, LLP By: Kevin L. Connors, I.D. #52819 Holly M. Ballas, I.D. #201215 102 Pickering Way, Suite 400 Exton, PA 19341 610.524.2100 JUSTIN T. ABICHT, Plaintiff V. KARLIE R. CASEY and KIM L. CASEY, Defendants NOTICE TO PLAINTIFF: You are hereby required to respond to the enclosed New Matter within twenty (20) days of the date of service hereof. Ke4in L. Connor 4, Esquire ATTORNEYS FOR DEFENDANT Karlie R. Casey IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-7011 JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, Defendant, Karlie R. Casey, by and through the undersigned counsel, DuffyConnors, LLP, herewith answer Plaintiff's Complaint, averring as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 1 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. COUNTI JUSTIN T. ABICHT v. KARLIE R. CASEY 9. Paragraphs 1 through 8 of Defendant's Answer are incorporated herein by reference, as though the same were fully set forth herein at length. 10 a.- e. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. WHEREFORE, Answering Defendant Karlie R. Casey, demands judgment be entered in her favor, and against the Plaintiff, and that Plaintiff's Complaint be dismissed. COUNT II JUSTIN T. ABICHT v. KIM L. CASEY-Negligent Entrustment 11. Paragraphs 1 through 10 of Defendant's Answer are incorporated herein by reference, as though the same were fully set forth herein at length. 2 12. a-d Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. WHEREFORE, Answering Defendant Karlie R. Casey, demands judgment be entered in her favor, and against the Plaintiff, and that Plaintiff's Complaint be dismissed. CLAIM I JUSTIN T. ABICHT v. KARLIE R. CASEY AND KIM L. CASEY 13. Paragraphs 1 through 12 of Defendant's Answer are incorporated herein by reference, as though the same were fully set forth herein at length. 14. a - d Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 15. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 16. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 17. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 18. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 3 19. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. 20. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations cited therein, denying the same as conclusions of law and demanding strict proof thereof. WHEREFORE, Answering Defendant Karlie R. Casey, demands judgment be entered in her favor, and against the Plaintiff, and that Plaintiff's Complaint be dismissed. NEW MATTER 21. Plaintiff's claims are barred in whole or part by the applicable provisions of the Pennsylvania Motor Vehicle Responsibility Law, 75 Pa. C.S.A. § 1701 et seq., the provisions of which are incorporated herein by reference to include the tort election law for non-economic damages. 22. Plaintiff's claims are barred in whole or part by the doctrine of estoppel. 23. Plaintiff's claims are barred in whole or part by the doctrine of laches. 24. Plaintiff's claims are barred in whole or part by the doctrine of res judicata. 25. Plaintiff's claims are barred in whole or part by the Statute of Limitations. 26. Plaintiff's claims are barred in whole or part under the doctrine of release. 27. Plaintiff's claims for damages are barred because they are not causally related to the accident alleged in Plaintiff's Complaint. 28. Plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 4 29. Plaintiff's claims are barred in whole or in part., or otherwise subject to dismissal or reduction, pursuant to the provisions of the Pennsylvania Comparative Negligence Statute, 42 Pa. C. S. A. § 7102, et se Q., the provisions of which are incorporated herein by reference. 30. Plaintiff did not suffer any injury or damage as a result of any act or failure to act on the part of the Answering Defendant. 31. Plaintiff assumed the risk of harm by his own conduct. 32. Any injuries or damages allegedly sustained by the Plaintiff were pre-existing and/or unrelated in any way to the accident described in Plaintiff's Complaint. 33. At all times relevant hereto, Answering Defendant acted reasonably, prudently, properly, conscientiously, and with the fullest due care. 34. No act, action or omission of the Answering Defendant was the proximate or legal cause of any injuries or damages allegedly sustained by the Plaintiff. 35. In the event that the Plaintiff sustained the injuries and/or damages alleged in Plaintiffs Complaint, the same being expressly denied, the same injuries and/or damages were caused by the negligence, carelessness, and/or recklessness of entities/individuals over whom Answering Defendant had neither control nor a legal duty to control. WHEREFORE, Answering Defendant Karlie R. Casey, demands judgment be entered in her favor, and against the Plaintiff, and that Plaintiff's Complaint be dismissed. 5 submitted, By: DUB,CONNORS, LLP Kevin L. Connors, Esquire Holly M. Ballas, Esquire Attorneys for Defendant, Karlie R. Casey Date: December 15, 2010 DUFFY CoNNoRs, LLP By: Kevin L. Connors, I.D. #52819 Holly M. Ballas, I.D. #201215 102 Pickering Way, Suite 400 Exton, PA 19341 610.524.2100 JUSTIN T. ABICHT, Plaintiff V. KARLIE R. CASEY and KIM L. CASEY, Defendants ATTORNEYS FOR DEFENDANT Karlie R. Casey IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-7011 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Defendants' Answer to Plaintiffs Complaint was served by first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-178 By: Respe lly submitted, DU CONNORSA evin L. Connors, Esquire olly M. Ballas, Esquire ttorneys for Defendant, arlie R. Casey Date: December 15, 2010 VERIFICATION Kevin L. Connors, Esquire, attorney for Answering Defendant, Karlie R. Casey, deposes and is authorized to sign this verification on behalf of said Defendant. He has reviewed the facts set forth in the Answer to Plaintiff s Complaint and the facts set forth are re' and correct to the best of his knowledge, information and belief. / 04 relating to unworn This verification is made subject to the penalties of 18 7/X. §49 falsification to authorities. L. Connors, Esquire ey for Defendant R. Casey Date: / `l/ FILED-OFFICE t., I Fir ,f PR0TII!,?!0 ? ?, 2010 DEC 22 AM 11. ti c CUMBERLAND COL1?4 y,: PENNSYLVANI A ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com JUSTIN T. ABICHT, Plaintiff V. KARLIE R. CASEY and KIM L. CASEY, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2010--bi I JURY TRIAL DEMANDED PRAECIPE Please reinstate the Complaint in the above-captioned action. ANG1NO & RO)F,$.P.C. Ri ock, Esquire IFA . No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 456941 ,? 83713 V-# a?.X7 aq SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?IC? Ronny R Anderson SHE F' ; T a'q,)N ? its 1; i Sheriff Jody S Smith 20; 0 0FIC30 P I :F Chief Deputy ?lt `iCLr1! `.?`"' Richard W Stewart PENNSYI.` t1% 4I,'Al Solicitor Justin T. Abicht I Case Number vs. 2010-7011 Karlie R. Casey (et al.) SHERIFF'S RETURN OF SERVICE 12/27/2010 03:58 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 27, 2010 at 1558 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Karlie R. Casey, by making known unto Kim Casey, Father of defendant at 1473 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. RO RT BIT R, DEPUTY SHERIFF COST: $33.84 December 28, 2010 SO ANSWERS, ERSON, SHERIFF AND ZOR- FILED-OFFICE OF THE PROTHONOTARY 8 G8 1010D L. 30 CU F Et 'SY?LV A? A T r ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com JUSTIN T. ABICHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V. KARLIE R. CASEY and KIM L. CASEY, Defendants NO.2010-ONM'" -7011 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT KARLIE R. CASEY AND NOW comes Justin T. Abicht, Plaintiff, by and through his attorneys, Angino & Rovner, P.C., by Richard A: Sadlock, Esquire and replies to the New Matter as follows: 21. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that any of Plaintiffs injuries or damages are barred or limited by the application of the Pennsylvania Motor Vehicle Financial Responsibility Law or the Pennsylvania Motor Vehicle Code. To the extent that a further response may be deemed proper, it is specifically denied that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1705, dealing with 457538 limited tort, is in any way applicable to Plaintiff's claim. At the time of the accident, Plaintiff was a passenger in his friend's vehicle. As a result, the limited tort selection is inapplicable to the facts of this case. Further, Plaintiff s policy provides the full tort option. See Exhibit A. 22. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the doctrine of estoppel does not apply to the instant action. 23. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the doctrine of latches does not apply to the instant action. 24. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the doctrine of res judicata does not apply to the instant action. 25. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. Bay way of amplification, Plaintiffs Complaint clearly was filed long prior to the statute of limitations. Defendant's assertion of a statute of limitations defense is not based upon any factual allegations or good faith interpretation of the facts and law. 26. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the doctrine of release does not apply to the instant action. 27. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically 457538 denied. By way of amplification, all of Plaintiffs injuries and damages are causally related to the accident referred to in Plaintiff s Complaint. 28. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs Complaint does state a cause of action upon which relief may be granted. 29. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was not negligent in any way. Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiffs injuries and damages are recoverable in the instant action and are in no way reduced. 30. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff did suffer injuri es and damages as more specifically stated in the Complaint as a direct result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 31. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff did not assume the risk of his injuries. Further, as previously stated herein, Plaintiff was not negligent or careless. All of Plaintiffs injuries and damages are recoverable in the instant action. 32. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically 457538 denied. By way of amplification, all of Plaintiff's injuries and damages were caused by the carelessness, wantonness, recklessness and negligence of the instant Defendant. Plaintiff had no pre-existing condition. 33. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, at all times applicable hereto answering Defendant failed to act reasonably, prudently, properly or conscientiously; rather, answering Defendant acted carelessly, wantonly, recklessly and negligently. 34. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and omissions of the instant Defendant were the proximate and legal cause of the injuries and damages sustained by Plaintiff. Plaintiff incorporates his Complaint herein by reference. 35. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, answering Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiff's injuries and damages were caused by the negligence, carelessness, wantonness and recklessness of the instant Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant 457538 Karlie Casey's New Matter enter judgment in favor of Plaintiff and against Defendant. ANGINO & ROVNER, P.C. Pm AEsquire 47281 Front Street urg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 457538 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN SS. AFFIDAVIT I, RICHARD A. SADLOCK, ESQUIRE being duly sworn according to law, deposes and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and the facts set forth in the foregoing Rt best of my knowledge, information, and belief. Sworn to and subscribed before me this 'V day of k4j4t) , 2010. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL SUSAN HEPP, Notary Public Susquehanna Twp, D in County n Expires 6, 2014 to the 457538 TRAVELERS AUTOMOBILE POLICY CONTINUATION DECLARATIONS 1. Named Insured TODD W ABICHT & RENEE ANITA MCMAHON 43 REGENCY WOODS N CARLISLE PA 170159063 Your Agency's Name and Address AAA INSURANCE AGENCY 2301 PAXTON CHURCH ROAD HARRISBURG, PA 17110 Your Policy Number : 941608435 101 1 Your Account Number: 941608435 For Policy Service Call 1-800-842-5075 For Claim Service Call 1-800-CLAIM-33 2. Your Total Premium for the Policy Period is $523.00. The policy period is from July 2, 2010 to January 2, 2011. 3. Your Vehicles Identification Numbers 1 1994 PLYM GRAND VOYA 1P4GH44R5RX234724 2 2005 DODGE NEON SXT 1B3ES56CD5Dll8503 4. Coverages, Limits of Liability and Premiums insurance is provided only where a premium is shown for the coverage. *IF COLLISION COVERAGE IS PROVIDED UNDER THIS POLICY, COVERAGE EXTENDS TO VEHICLES WHICH YOU RENT FOR 30 DAYS UNDER A RENTAL CAR COVERAGE AGREEMENT. PLEASE REMEMBER THAT COLLISION COVERAGE DOES NOT PAY FOR LOSS OF USE. PLEASE CONTACT YOUR TRAVELERS AGENT OR REPRESENTATIVE IF YOU HAVE QUESTIONS. IF YOU DO NOT CARRY COLLISION INSURANCE, THIS POLICY DOES NOT PAY FOR DAMAGE TO RENTAL VEHICLES.* 1 2 94 PLYM 05 DODGE GRAND VOYA NEON SXT A - Bodily Injury $100,000 each person $ 46 $ 54 $300,000 each accident B - Property Damage $100,000 each accident 45 53 D7 - Uninsured Motorists (Bodily Injury) Non-Stacked $100,000 each person 34 34 $300,000 each accident See Endorsement A37043 D9 - Underinsured Motorists (Bodily Injury) Non-Stacked $100,000 each person 8 8 $300,000 each accident See Endorsement A37043 Continued on next page Page 1 of 4 PL-7782 5-94 870/OM8553 003724/00515 F3116855 7126 05/04/10 4. Coverages, Limits of Liability and Premiums (continued) 94 PLYM 05 DODGE GRAND VOYA NEON SXT E - Collision Actual Cash Value less - 129 $500 deductible F - Comprehensive (Other than Collision) Actual Cash Value less $100 deductible G - Extended Transportation Expense $30 per day/$900 maximum QB - First Party Benefits Coverage Full Tort Option See Endorsement A37021 R - Added First Party Benefits A4-Increased Medical Expenses $10,000 B5-Income Loss Maximum Amount/Monthly Amount $5,000/$1,000 C6-Funeral Expenses $1,500 D6-Accidental Death $5,000 See Endorsement A37021 Subtotals for your vehicles: Total Premium for This Policy: $523 5. Information Used to Rate Your Policy Discounts Included in Your Premium Anti Theft Device Passive Restraint Multiple Cars Careful Driver 9 35 7 7 13 17 12 12 $174 $349 05 DODGE NEON SXT 94 PLYM 05 DODGE GRAND VOYA NEON SXT Continued on next page Page 2 of 4 PL-7782 5-94 67010MG553 TRAVELERS Named Insured: TODD W ABICHT & RENEE ANITA MC,MAHON Policy Number: 941608435 101 1 Policy Period: July 2, 2010 to January 2, 2011. Issued On: June 4, 2010 5. Information Used to Rate Your Policy (continued) .5 Drivers Date of Sex Birth Marital Status TODD W RENEE ANITA Vehicles 94 PLYM GRAND VOYA 05 DODGE NEON SXT 11-23-57 Male Married 09-30-66 Female Married Use of Location Vehicle of Vehicle Pleasure CARLISLE PA Commute CARLISLE PA It is important that the above information is correct to ensure that your policy is properly rated. If there are errors or changes to this information, please notify your Travelers representative immediately. 6. Other Information Your Insurer Travelers Casualty Company of Connecticut One Tower Square, Hartford, CT 06183 Policy Endorsements A37013 Amendment of Policy Provisions - Pennsylvania A37021 First Party Benefits Coverage - Pennsylvania A37043 Uninsured/Underinsured Motorists Endorsement - Pennsylvania Policy Edition 8 Policy Form 101 Issued on 06/04/10 Thank you for insuring with Travelers. We appreciate your business. If you have any questions about your insurance, please contact your Travelers representative. FOR YOUR INFORMATION Children & air bags. . . it's as easy as 1 - 2 - 3 1. Never put a child seat (those used with infants) in the front seat of a car with air bags. 2. Make sure all children are buckled up no matter where they sit. Unbuckled children can be hurt or killed by an air bag. 3. The rear seat (those with seat belts) is the safest place for children of any age to ride. Continued on next page Page 3 of 4 PL-7782 5-84 87010M8553 003725/00515 F3118B55 7126 08/04110 FOR YOUR INFORMATION (continued) For information about how Travelers compensates independent agents and brokers, please visit www.Travelers.com or call our toll free telephone number 1-866-904-8348. You may also request a written copy from Marketing at One Tower Square, 2GSA, Hartford, Connecticut 06183. The laws of the Commonwealth of Pennsylvania, as enacted by the General Assembly, only require that you purchase Liabliity and First Party Medical Benefits coverages. Any additional coverages, or coverages in excess of the limits required by law, are provided only at your request as enhancements to basic coverages. The premium for the mandatory coverages at the limits required by law and the tort option you previously elected are as follows: Coverage Veh 1 Veh 2 Bodily Injury $23.00 $28.00 $15,000 each person/ $30,000 each accident Property Damage $38.00 $45.00 $5,000 each accident First Party Medical $13.00 $17.00 Subtotal $74.00 $90.00 Total Amount $164.00 YOU MAY PURCHASE UNINSURED AND/OR UNDERINSURED MOTORISTS COVERAGE AT ANY AVAILABLE LIMITS FROM $15 00030 000 UP TO YOUR BODILY INJURY LIABILITY LIMITS. YOU MAY iEJ & THESE COVERAGES ENTIRELY. Because you have been a valued customer of Travelers for 10 years or more, your premium has been discounted. ACCIDENT FORGIVENESS: (Insuring with TRAVELERS can save you money) If you've been a TRAVELERS auto policyholder for at least 5 years and haven't had an at fault accident in the last 5 years, TRAVELERS will forgive your next at fault accident; no points will be charged. Page 4 of 4 PL-7782 5-84 67QIOM6553 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT KARLIE CASEY upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin L. Connors, Esquire Holly M. Ballas, Esquire Duffy Connors, LLP 102 Pickering Way, Suite 400 Exton, PA 19341 610-524-2100 Attorney for Karlie R. Casey Michelle M. Milojevich Dated: ' ; 457538 CONNoRs LAW, LLP By: Kevin L. Connors, I.D. #52819 Holly M. Ballas, I.D. #201215 102 Pickering Way, Suite 400 Exton, PA 19341 610.524.2100 JUSTIN T. ABICHT, Plaintiff C-) ATTORNEYS FOR DEFENDANT r- N = O 'n Karlie R. Casey MUD _ C-- Z-ry,; m- - C) ;., - o -n ti? W ?rn IN THE COURT OF COMMON <-119 ;;0 CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 10-7011 KARLIE R. CASEY and KIM L. CASEY, JURY TRIAL DEMANDED Defendants PRAECIPE FOR SUBSTITUTION OF VERIFICATION Kindly substitute the attached Verification executed by Defendant's Answer to Plaintiff's Complaint with New Matter. By: R. Casey to be attached to submitted, LAW, LLP L. C ors, Esquire for Defendant, Casey Date: January 13, 2011 VERIFICATION Karlie R. Casey, deposes and says that the information in Defendant's Answer to Plaintiff's Complaint with New Matter is true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. arlie R. Casey Date: 01/'x1 9/aD i f I CONNoRs LAW, LLP By: Kevin L. Connors, I.D. #52819 Holly M. Ballas, I.D. #201215 102 Pickering Way, Suite 400 Exton, PA 19341 610.524.2100 ATTORNEYS FOR DEFENDANT Karlie R. Casey JUSTIN T. ABICHT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 10-7011 KARLIE R. CASEY and KIM L. CASEY, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Praecipe for Substitution of Verification was served by first class mail, postage prepaid, addressed as follows: Richard A. Sadlock. Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 By: Date: January 13, 2011 6. c-) a o C7 -n 24 -n rnrn C- rn F fir.. a IV rn ?? D --- Go 'O M-" =© C cn N --4m 2 rV CrN ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com JUSTIN T. ABICHT, Plaintiff V. KARLIE R. CASEY and KIM L. CASEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.2010-02852'0 1,9/1 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT KIM L. CASEY AND NOW comes Justin T. Abicht, Plaintiff, by and through his attorneys, Angino & Rovner, P.C., by Richard A. Sadlock, Esquire and replies to the New Matter of Kim L. Casey as follows: 21. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure and should therefore be dismissed. Further, all of Plaintiff s injuries and damages were caused by the carelessness, wantonness, recklessness, and negligence of 459689 the instant Defendants. There are no defense enumerated in the Pennsylvania Rules of Civil Procedure available to either Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant Kim Casey's New Matter enter judgment in favor of Plaintiff and against Defendant. 4503 5ofront Street H urg, PA 17110 (?17) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 459689 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF DAUPHIN AFFIDAVIT I, RICHARD A. SADLOCK, ESQUIRE being duly sworn according to law, deposes and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and the facts set forth in the foregoing Reply to New Matter, are true best of my knowledge, information, and belief. Sworn to and subscribed before me thiscW'day of `0I r 2011. Notary Public My Commission Expires: COMMONWlALTN Oti* PENNSYLVANIA NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Public ? Cornmission Expires Me ch 18, 13 459689 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT KIM L. CASEY upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin L. Connors, Esquire Holly M. Ballas, Esquire Duffy Connors, LLP 102 Pickering Way, Suite 400 Exton, PA 19341 610-524-2100 Attorney for Karlie R. Casey William P. Douglas, Esquire Douglas Law Office 43 W. South Street P.O. Box 261 Carlisle, PA 17013-0261 243-1790 Attorney for Defendant Kim L. Casey ;?7- Vicbe-Ile M. Milojevich Dated: / /'N /;)-o`/ 459689 r 1 EJ-G? I L 2011 F E -2 f,? 10" 3 Cnu 4 , y?r At t E i S`l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTIN T. ABICHT, CIVIL DIVISION Plaintiff, No. 10-7011 Civil V. PRAECIPE FOR APPEARANCE KARLIE R. CASEY and (Jury Trial Demanded) KIM L. CASEY, Defendants. Filed on Behalf of Defendant, Kim L. Casey Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I . D. #72765 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #18236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTIN T. ABICHT, CIVIL DIVISION Plaintiff, No. 10-7011 Civil V. KARLIE R. CASEY and KIM L. CASEY, Defendants. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned, Jeffrey C. Catanzarite, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Kim L. Casey, in the above case. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Gut i & Skeel, P.C. B ' ?C Y• J ey C. atanzarite, Esquire Counsel for Defendant, Kim L. Casey CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Appearance was served upon the following counsel of record on the 31St day of January, 2011, by U.S. First Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Kevin L. Connors, Esquire Duffy Connors, LLP 102 Pickerington Way, Suite 400 Exton, PA 19341 Summers, McDonnell, Hudock, Guth* & Skeel, P.C. By: J&Wey U C'atffnzarite, Esquire Counsel for Defendant T FILED-OFFICE 2011 APR 15 AM 11: 5 7 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail : rsad l ock(aDangino-rovner. com JUSTIN T. ABICHT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION - LAW V. NO. 2010-02852 KARLIE R. CASEY and 10--7011 KIM L. CASEY, JURY TRIAL DEMANDED Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. P.C. E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 468194 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin L. Connors, Esquire Holly M. Ballas, Esquire Duffy Connors, LLP 102 Pickering Way, Suite 400 Exton, PA 19341 610-524-2100 Attorney for Karlie R. Casey William P. Douglas, Esquire Douglas Law Office 43 W. South Street P.O. Box 261 Carlisle, PA 17013-0261 243-1790 Attorney for Defendant Kim L. Casey Michelle M. Milojevich Dated: 468194