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HomeMy WebLinkAbout11-3301IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. k 1- 3301 & vi I CIVIL ACTION - LAW HARRY SWEENEY, JR. 564 Mountain Road Boiling Springs, PA 17007 LINDSAY BAILES 1510 Hemlock Avenue Carlisle, PA 17013 Plaintiff(s)& Address(es) . .rn r- c1? - ?ze 7') _Q :z Defendant(s) Address(es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: r--, N co Kindly issue a Writ of Summons against the Defendant Lindsay Bailes. The Writ of Summons should be delivered to the Sheriff of Cumberland County for service upon the Defendant, Lindsay Bailes, at 1510 Hemlock Avenue, Carlisle, Cumberland County, Pennsylvania 17013. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ?- Clark De ere, Esquire I.D. No. 68768 Zachary D. Campbell, Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: Marche 2011 Attorneys for Plaintiff CD :n C C° s l v'k sa7. oo pd `? 463437-1 eki.S705 Qjj;' as-113`) METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Harry Sweeney, Jr. HARRY SWEENEY, JR., Plaintiff vs. LINDSAY BAILES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-`?fit CcK? CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Lindsay Bailes 1510 Hemlock Avenue Carlisle, PA 17013 You are hereby notified that Plaintiff Harry Sweeney, Jr., has commenced an action against you. 2 , Dated: 463437-1 F ?E'ia-0' =ILL OTHONOTAR-r' 2011 APR I I AN 11: 45 0MBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., CIVIL DIVISION Plaintiff, NO. 11-3301 V. PRAECIPE FOR APPEARANCE LINDSAY BAILES, Defendant. (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 #18533 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., CIVIL DIVISION Plaintiff, V. NO. 11-3301 LINDSAY BAILES, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY 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, Lindsay Bailes, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & .5KEEL, P.C., By: n D. RaQch, Esquire nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 8th day of April, 2011. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & , KEEL, P.C. By: Na-Wgauch, Esquire unsel for Defendants .., , t T HONOTAR s, 2,011 EEr } A II: 4 `,LIMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., CIVIL DIVISION Plaintiff, NO. 11-3301 V. PRAECIPE FOR RULE TO FILE LINDSAY BAILES, COMPLAINT Defendant. (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 #18533 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., Plaintiff, V. LINDSAY BAILES, Defendant. CIVIL DIVISION NO. 11-3301 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Harry Sweeney, Jr., to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &SKEEL. R.C. By: n D. auc'h;'Esqui nsel fir Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., CIVIL DIVISION Plaintiff, V. NO. 11-3301 LINDSAY BAILES, (Jury Trial Demanded) Defendant. RULE AND NOW, this day of &rl 2011, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of , 2011. 4 - 'Em Ai . - PProthonotaky , Dp,VCD tLL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 8th day of April, 2011. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: I e in a h, Esquire C unsel for Defendants METZGER, WICKERSHAM, P.C. By: Zachary D. Campbell, Esquire Attorney I.D. No. 93177 Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 wail PR 48 A 1L:4 V-',E?L.AND Cou?INT-v PENNSYLVANIA Attorneys for Plaintiff Harry Sweeney, Jr. HARRY SWEENEY, JR., Plaintiff vs. LINDSAY BAILES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-3301-CV CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND To: Defendant Lindsay Bailes c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 466322-1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 466322-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demands y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presenter en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensac16n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 466322-1 METZGER, WICKERSHAM, P.C. By: Zachary D. Campbell, Esquire Attorney I.D. No. 93177 Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 HARRY SWEENEY, JR., Plaintiff vs. LINDSAY BAILES, Defendant " Attorneys for Plaintiff Harry Sweeney, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-3301-CV CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Harold Sweeney, Jr., by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff Harry Sweeney, Jr. is an adult individual who resides at 564 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant Lindsay Bailes is an adult individual who resides at 1510 Hemlock Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The facts and circumstances hereinafter set forth occurred on April 27, 2009, at approximately 12:50 p.m. on Ritner Highway or State Route 11 in Carlisle Borough Cumberland County, Pennsylvania. 466322-1 4. At the aforesaid time and place, Plaintiff, Harry Sweeney, Jr. was the owner and operator of a 1993 GMC pick-up truck bearing Pennsylvania License Plate No. YGM2958. 5. At the aforesaid time and place, Defendant Lindsay Bailes was the owner and operator of a 2008 Dodge pick-up truck bearing Pennsylvania License Plate No. YFV2419. 6. At the aforesaid time and place, Plaintiff Harry Sweeney, Jr. was traveling eastbound in the 1000 block of the Ritner Highway and was stopped in the lane of travel, waiting for the westbound traffic to clear so he could make a left turn into a business. 7. At the aforesaid time and place, Defendant Lindsay Bailes was also traveling eastbound in the 1000 block of the Ritner Highway behind the vehicle being operated by Plaintiff. 8. At the aforesaid time and date, Defendant Lindsay Bailes failed to stop the vehicle he was operating and struck the rear of the vehicle being operated by Plaintiff. 9. Defendant was subsequently charged and pled guilty to violating 75 Pa. C.S. §3361 regarding safe speeds. 10. Defendant, Lindsay Bailes, owed a duty to Plaintiff Harry Sweeney, Jr. and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff Harry Sweeney, Jr. in particular. 11. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Lindsay Bailes in operating his vehicle in a careless and negligent manner as follows: (a) Failing to observe Plaintiff's vehicle on the roadway; 466322-1 (b) Following too closely to Plaintiff's vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; (c) Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; (d) Failing to maintain and stop the vehicle he was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; (e) Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid the collision with the rear of Plaintiff's vehicle; (f) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (g) Failing to give warning to Plaintiff of his impending collision with his vehicle; (h) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714(A) and applicable law; (i) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (j) Operating his vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (k) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (1) Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A. §3362 and applicable law; (m) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (n) Failing to maintain a safe following distance; (o) Failing to observe stopped traffic; 466322-1 (p) Rearending Plaintiff's vehicle; (q) Failing to stay alert to traffic; (r) Failing to keep his eyes on the roadway; and (s) Otherwise operating his vehicle at an unsafe speed and in a careless and negligent manner. 12. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant Lindsay Bailes, Plaintiff Harry Sweeney, Jr. sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Head injury/pain; (b) Neck injury/pain; (c) Paresthesia/numbness of hands and/or fingers; (d) Posterior scalp contusion; (e) Left knee injury/pain; (f) Occipital tenderness; (g) Neck tenderness; (h) Severe sprain and/or strain of the muscles, tendons, ligaments, and other soft tissues at or about the cervical spine; (1) Headache; 0) Tingling in hands; (k) Paresthesia/numbness of right arm; (1) Bitemporal pain; (m)Exacerbation of degenerative joint disease of the left knee; (n) Upper trapezius tenderness; (o) Stemocleidomastoid tenderness; (p) Whiplash injury; (q) Soft tissue inflammation; (r) Bilateral tinnitus; (s) Bilateral hearing loss; (t) Left knee effusion; (u) Vertigo; (v) Nausea; (w) Sleep disturbance. 466322-1 13. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant Lindsay Bailes, Plaintiff Harry Sweeney, Jr. has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and limitations in his pursuit of daily activities all to his great loss and detriment. 14. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant Lindsay Bailes, Plaintiff Harry Sweeney, Jr. has and/or may in the future incur expenses for medical treatment, surgery and rehabilitation for which damages are claimed. 15. As a direct and proximate result of the aforesaid collision, negligence, carelessness of Defendant Lindsay Bailes, Plaintiff Harry Sweeney, Jr. has and/or may in the future incur a loss of wages, loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant Lindsay Bailes, Plaintiff Harry Sweeney, Jr. sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances, for which damages are claimed. 17. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant Lindsay Bailes, Plaintiff Harry Sweeney, Jr. has sustained or in the future may sustain scarring and disfigurement for which damages are claimed. 18. Plaintiff Harry Sweeney, Jr. was the named insured on a policy of insurance issued to him by State Farm Mutual Automobile Insurance Company bearing policy number 7329846- 466322-1 C09-38J which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. Therefore, Plaintiff Harry Sweeney, Jr. remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Harry Sweeney, Jr. demands judgment in his favor and against the Defendant Lindsay Bailes for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: Apri1z?2011 By ampbell,' Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 466322-1 VERIFICATION I, Harry Sweeney, Jr., hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to tutt?.nri9?as. a. Dated. arry, eeney, Jr. -- 1 --1- - 466322-1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Complaint with reference to the foregoing action by first class mail, postage prepaid, this Zo? day of it I , 2011 on the following: Defendant Lindsay Bailes c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ach . Campbe 4 - ll, Esquire A466322-1 FfLE?-? Ff^F Fit: tt1? L t» SYLVAt IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., CIVIL DIVISION Plaintiff, NO. 11-3301 V. PRELIMINARY OBJECTIONS TO LINDSAY BAILES, PLAINTIFFS' COMPLAINT Defendant. (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 #18533 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., Plaintiff, CIVIL DIVISION V. LINDSAY BAILES, Defendant. NO. 11-3301 (Jury Trial Demanded) PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLANT AND NOW, comes the Defendant, Lindsay Bailes, by and through his counsel, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C., and Kevin D. Rauch, Esquire, and files the following Preliminary Objections to Plaintiffs' Complaint: I. STATEMENT OF FACTS 1. This case arises out of an automobile accident that occurred on or about April 27, 2009. 2. The Plaintiff Filed the Complaint on April 28, 2011. (A true and correct copy is attached hereto as Exhibit "A"). 3. On May 2, 2011, the undersigned requested a reasonable extension of time in which to file a responsive pleading and Plaintiff's counsel did not object. (A true and correct copy of this correspondence is attached hereto as Exhibit "B") 4. Paragraph 9 of the Plaintiff's Complaint avers the Defendant, Lindsay Bailes, was "charged with and pled guilty to violating 75 Pa.C.S. § 3361 regarding safe speeds. (See paragraph 9 of the Exhibit "A'). II. PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. NO 1028(A)(2) 5. Preliminary Objections may be filed by any party to any pleading for failure of a pleading to conform to law or an inclusion of scandalous or impertinent matter. See. Pa.R.C.P. 1028 (a)(2). 6. To be scandalous and pertinent, an allegation must be immaterial and inappropriate to the proof of the cause of action. Common Cause/Pa. v. Commonwealth. 710 A.2d 108,115 (Pa. Commw. Ct. 1998). 7. In his Complaint, Plaintiff referenced that the Defendant was "charged" for violating 75 Pa.C.S.§3361 regarding safe speeds. (See paragraph 9 of Exhibit "A") 8. A police report is not admissible as evidence in any action for damages arising out of a motor vehicle accident. 75 Pa.C.S.§3751(b)(4). Further, any reference to statements contained in a police report is inadmissible hearsay. Pa.R.E. 802. 9. In addition, it is well settled law in Pennsylvania that evidence of a conviction of a traffic violation is not admissible in a civil suit for damages arising out of the same traffic violation. L.oughner v. Schmelzer, 218 A.2d 768, 769(Pa.1966). 10. By referencing the termed "charged," and "pled guilty", along with the terms and their associated inferences, the Plaintiff has included an immaterial and inappropriate allegation to the proof of his cause of action and failed to conform the pleading to the above-referenced law, as set forth in Common Cause/Pa and Loughner v. Schmelzer. 11. The Defendant requests that paragraph 9 be amended by striking it from the Plaintiff's Complaint with prejudice. WHEREFORE, Defendant, Lindsay Bailes, respectfully request this Honorable Court sustain his Preliminary Objections and amend paragraph 9 by striking it from the Plaintiff's Complaint with prejudice. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & 5KEEL,, P.C. 8 1 . r ll! 1 By: Ke(Vin D. Rauch Esquire Counsel for Defendant, Lindsay Bailes METZGER. WICKERSHAM, P.C. By: Zachar°yT D. Campbell, Esquire Attorney I.D. No. 93177 Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 ('717) 238-81 87 Attorneys for Plaintiff Harry Sweeney, Jr. HARRY SWEENEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2011-3301-CV CIVIL ACTION - LAW LINDSAY BAILES, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendant Lindsay Bailes c/o Kevin D. Rauch Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 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 %Vith the Court. your defenses or objections to the claims set forth against you. You are wamed that i f you fail to do so the case may proceed without you and a Judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. y"OU 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. 466',22-1 iF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 466322-t AV1SO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en ]as pag:nas siguientes, debe tomar accion dentro de veinte (20) dias a part' de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si nc se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensacion reclamados por el Demandante. LISTED PUEDE PER-DER DINERO, O PROPIEDADES T T OTROS DERECHOS IMPORTANTES PARAA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAT'AMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PtrEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 12 South Bedford Street Carlisle, PA 17013 (800) 990-9108 J66322-1 METZGER, WICKERSHAM, P.C. By: Zachary D. Campbell, Esquire Attornev I.D. No. 93177 Clark DeVere, Esquire Attomev I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 171 t 0-0301) (717) 238-8187 HARRY S«%EENEY, JR., Plaintiff VS. LINDSAY BAILES, Defer_,dant Attorneys for Plaintiff Harry Sweeney, Jr. N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2011-3301-CV CIVIL ACTION -- LAW JURY TRIAL DEMANDED COMPLAINT AND NOW. comes the Plaintiff, Harold Sweeney, Jr., by and throu-h his attorneys, Metzger. Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff Harry Sweeney, Jr. is an adult individual who resides at 564 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant Lindsay Bailes is an adult individual who resides at 1510 Hemlock Avenue. Carlisle, Cumberland County, Pennsylvania, 17013. 3. The facts and circumstances hereinafter set forth occurred on April 27, 2009, at approximately 12:50 p.m. on Ritner Highway or State Route II in Carlisle Borough, Cumberland County, Pennsylvania. 466322-1 4. At the aforesaid time and place, Plaintiff, Harry Sweeney, Jr. was the owner and operator of a 1991 GMC pick-up truck bearing Pennsylvania License Plate No. YGM2958. 5. At the aforesaid time and place, Defendant Lindsay Bailes was the owner and operator of a 2008 Dodge pick-up thick bearing Pennsylvania License Plate No. YFV2419. 6. At the aforesaid time and place. Plaintiff Hany Sweeney, Jr. was traveling eastbound in the 1000 block of the Ritner Highway and was stopped in the lane of travel, waiting for the westbound traffic to clear so he could make a left turn into a business. At the aforesaid time and place, Defendant Lindsay Bailes was also traveling eastbound in the 1000 block of the Ritner Highway behind the vehicle being operated by Plaintiff. S. At the aforesaid time and date, Defendant Lindsay Bailes failed to stop the vehicle he was operating and struck the rear of the vehicle being operated by Plaintiff. 9. Defendant was subsequently charged and pled guilty to violating 75 Pa. C.S. X3361 regarding safe speeds. 10. Defendant, Lindsay Bailes, owed a duty to Plaintiff Harry Sweeney, Jr. and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the veh16c he was drivlnL, in such a way as not to cause harm or damage to said other persons and to the Plaintiff Harry Sweeney, Jr. ;.n particular. 1 1. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Lindsay Bailes in operating his vehicle in a careless and negligent manner as follows: (a) Failing to observe Plaintiff's vehicle on the roadway; 466;22-1 (b) Following too closely to Plaintiff's vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; (c) Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; (d) Failing to maintain and stop the vehicle he was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. X3361 and applicable law; (e) Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid the collision with the rear of Plaintiffs vehicle; (f) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (g) Failir.g to give warning to Plaintiff of his impending collision with his vehicle; (11) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714(A) and applicable law; (i) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; 0) Operating his vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (k) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (1) Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A. §3362 and applicable law; (m) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (n) Failing; to maintain a safe following distance; (o) Failing, to observe stopped traffic; 6632'2-1 (p) Rearending Plaintiff's vehicle: (q) Failing to stay alert to traffic; 13 (r) FailL-ig to keep his eyes on the roadway; and (s) Otherwise operating his vehicle at an unsafe speed and in a careless and negligent manner. 12. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant Lindsay Baffles, Plaintiff Harry Sweeney, Jr. sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to. the follotivinC: (a) Head injury/pain; (b) Neck inju_ry/pain; (c) Paresthesia/numbness of hands and/or fingers; (d) Posterior scalp contusion; (e) Left knee injury/pain; (f) Occipital tenderness; (g) Neck tenderness; (h) Severe sprain and/or strain of the muscles, tendons, ligaments, and other soft tissues at or about the cervical spine, (1) Headache; (1) Tingling in hands; (k) Paresthesia/numbness of right arm, (1) Bitemporal pain; (m)Exacerbation of degenerative joint disease of the left knee, (n) Upper trapezius tenderness; (o) Sternocleidomastoid tenderness, (p) Whiplash injury; (q) Soft tissue inflammation; (r) Bilateral tinnitus; (s) Bilateral hearing loss; (t) Lett knee effusion; (u) Vertigo; (v) Nausea; (w)Slecp disturbance. 4 06322- 1 13. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant Lindsay Baffles, Plaintiff Harry Sweeney, Jr. has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of h fe- and limitations in his pursuit of daily activities all to his great loss and detriment. 14. As a direct and proximate result of the aforesaid collision_ negligence and carelessness of Defendant Lindsay Baffles, Plaintiff Harry Sweeney, Jr. has andior may in the future incur expenses for medical treatment. surgery and rehabilitation for which damages are claimed. 1 ?. As a direct and proximate result of the aforesaid collision, ne«ligence carelessness of Defendant Lindsay Baffles, Plaintiff Harry Sweeney, Jr. has and,,or may in the. future incur a loss of wages, loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision and the neQli?ence and carelessness of Defendant L_:ndsay Baffles, Plaintiff Hatay Sweeney, Jr'. sustained incidental costs and losses to include, but nor. limited to, past and future medication costs and medical appliances, for which damages are claimed. 1?. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant Lindsay Baffles, Plaintiff Harry Sweeney, Jr_ has sustained or in the future may sustain scan-Ing and disfigurement for which damages are claimed. 18. Plaintiff Harry Sweeney, Jr. was the named insured on a policy of insurance issued to him by State Farm Mutual Automobile Insurance Company bearing policy number 7329846- 66 .--1 C09-38J which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. Therefore, Plaintiff Harry Sweeney, Jr. remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Harry Sweeney, Jr. demands judgment in his favor and against the Defendant Lindsay Baiies for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and%or damages for delay and costs for prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date ?o=if By Zar ampbell,' Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 April `? 2011 Attorneys for Plaintiff 466;22-1 VERIFICATION L I lan-\ Sv-?eenev. Jr., hereby certify that the following is correct the racts set forth in the foregoing Complaint are based upon information which I have fundshol to counsel. as well as upon information which has been gathered by counsel andtr others actm?_, on my behalf in this rnatter. Re language of the Complaint is that of counsel and not my own l hax e read the Complaint. and to the extent that it is based upon infon-nation %v hich I ha%e «i\ -'n to counsel- it is true and correct to the best of my knowledge. information, and belief To the anent that the content of the Complaint is that of counsel, 1 have relied upon such counsel in this Vcri6cation. I Inaebv acknowledge that the facts set forth in the aforesaid Complaint :ac i .<<,J(_ ?il>>ect. to the penahes of l ?, Pa. C.S.A. §4904 reladq- to unsworn falsification to )n' ..s - 1an?Iyeelley, Jr. 466322 1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the lawv firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff s Complaint with reference to the foregoinu action by first class mail, y postage prepaid, this y da of 1011 on the following: Defendant Lindsay _Bailes c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 METZGER, WICKERSHAM, KNAUSS & ERB. P.C. Zach . Campbell, Esquire 4bG>22-1 DEFENDANTS E rIBIT- May 2, 2011 Zachary Campbell, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 RE: Sweeney v. Bailes Our File No. 18533 Dear Mr. Campbell: I am in receipt of your Complaint in the above-referenced matter. I respectfully request a reasonable extension of time in which to file a responsive pleading. In the event that I do not hear from you to the contrary, I will assume you have no objection. Should you have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Kevin D. Rauch KDR:kan CERTIFICATE OF SERVICE I HEREBY CERTIF=Y that a true and correct copy of the foregoing Preliminary Objections has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21St day of June, 2011. Zachary Campbell, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKJEEL, P?C. By: Kevip D. Rauch, Esquire Cou sel for Defendant, Lindsay Bailes O THE?PROTNO TAt?y 2011 JUL I I PM 2: 27 CUMBERLAND COUNTY' PENNSYLVANIA HARRY SWEENEY, JR., Plaintiff vs. LINDSAY BAILES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-3301-CV CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO AMEND PLAINTIFF'S COMPLAINT It is hereby agreed by and between the following counsel that Plaintiff's Complaint is amended to strike paragraph 9 which states as follows: "9. Defendant was subsequently charged and pled guilty to violating 75 Pa. C.S. §3361 regarding safe speeds." Dated: -7411 It 1 , 2011 Dated: -7---6-(/ METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Zac . Campbell, Esquire orneys for Plaintiff SUMMERS, CDONNELL, HUDOCK, GUTH S Wauchsouire---, By ev n D. Attd,meys for Defendant {t CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Stipulation to Amend Plaintiff's Complaint with reference to the foregoing action by first class mail, postage prepaid, this Oday of Jv? , 2011 on the following: Defendant Lindsay Bailes c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ?k?vo?& cA_char? D. Campbell, Esquire 472080-1 1=;'?il-CFFIu"c. " hL FFiOTHONOTAR ( L ' JUL 29 PM I: 2 I UMBERLAND COUNTY PENtVSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., Plaintiff, CIVIL DIVISION NO. 11-3301 V. LINDSAY BAILES, Defendant. ANSWER AND NEW MATTER (Jury Trial Demanded) TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. Sumnerb, Mcdonnell, Hudock, Guthr' & Skeel, P.C. 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 #18533 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY SWEENEY, JR., CIVIL DIVISION Plaintiff, V. NO. 11-3301 LINDSAY BAILES, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Lindsay Bailes, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter 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. Admitted. 3. Admitted. 4. 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. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that the Plaintiff was traveling eastbound in the 1000 block of Ritner Highway and stopped in the lane of travel. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that a rear-end collision occurred between the vehicles identified on the date, time and place of the subject accident. The remainder of the allegations in paragraph 8 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 has been removed pursuant to a Stipulation Agreement entered into by the parties and docketed with this Honorable Court and, therefore, no response is required. 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. Admitted in part, denied in part. It is admitted that the Defendant was negligent on the date, time and place of the subject accident. The remainder of paragraph 11 and all of its subparts state legal conclusions 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 and all of its subparts state legal conclusions 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. 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. 18. 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. WHEREFORE, Defendant, Lindsay Bailes, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 19. 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. 20. 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. 21. To the extent that the Plaintiff has selected the limited tort option or is 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. WHEREFORE, Defendant, Lindsay Bailes, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: v nn Ur'IRauch, Esquire unsel for Defendant VERIFICATION Defendant verges that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER 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 AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER 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 AND NEW MATTER 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: Tul ( .2 atl l/ #18533 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of July, 2011. Zachary Campbell, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,SKEEL, P.C. By: e9th 137FPubh, Esquire ounsel for Defendants IL-1 I u ! i, 7?toTliQl?O IT\ ti 0 2J11AUG -2 AM 1 :.3j CUMBERLAND COUNTY PENNSYLVANIA HARRY SWEENEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. LINDSAY BAILES, Defendant NO. 2011-3301-CV CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 19. The averments contained in paragraph 19 of Defendant's New Matter are denied as conclusions of law to which no reply is required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the Defendant has failed to identify the defenses allegedly available to him pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law and, as a result, Plaintiff cannot more specifically reply to Paragraph 19 of Defendant's New Matter. By way of further reply, Plaintiff is not barred by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law and Defendant is not provided any defenses to any of the claims raised in Plaintiff's Complaint which is incorporated herein by reference. Strict proof of the same is demanded. 20. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant has not specified what damages are not recoverable and the specific provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law which would preclude the recovery of such benefits and Plaintiff cannot more specifically reply. Plaintiff agrees that he cannot recover first party medical benefits or wage loss benefits paid by his automobile insurance but he can recover any amount unpaid and/or in excess. 21. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, as set forth in paragraph #18 of Plaintiff's Complaint, Plaintiff was insured by State Farm Mutual Automobile Insurance Company under policy number 7329846-C09-38J which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy which enables him to seek all recoverable damages. WHEREFORE, Plaintiff, Harry Sweeney, Jr. respectfully requests that Defendant Lindsay Bailes' New Matter be dismissed and that judgment be entered in his favor and against Defendant as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 nn Attorneys for Plaintiff Dated: Ft V6? + , 2011 472080-1 VERIFICATION I, Harry Sweeney, Jr., hereby certify that the following is correct: The facts set forth in the foregoing Reply to New Matter are based upon information which I have fiumished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Reply to New Matter is that of counsel and not my own. I have read the Reply to New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief To the extent that the content of the Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: Harry S eeney, Jr. 467186-1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Reply to Defendant's New Matter with reference to the foregoing action by first class mail, postage prepaid, this A-day of __, 2011 on the following: Defendant Lindsay Bailes c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Za teary pbell, Esquire 472080-1 HARRY SWEENEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LINDSAY BAILES, Defendant 11-3301 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 6th day of November, 2012, upon representation from Plaintiff's counsel that all parties have agreed to strike this matter from the trial list, and counsel for Defendant having failed to appear for the call of the trial list, this matter is stricken from the trial list. By the Court, -~ ~~~ Christyle L. Peck, J. ~/ Zachary D. Campbell, Esquire For the Plaintiff / Kevin D. Rauch, Esquire For the Defendant pcb ~9p; es haa~ ~~~ ~/~~~a ~ o ~~~ -~ 3 ~ '.'i zrn ~~ ~ ~ rnr~- ro r ~y ~ rn ~ Qv r--~ --+co <° ss ~~ o-*# o p~ = ;- o c=~ ~rn ~ ~ ~ ~ ~ ~: