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Home My WebLink About11-3916CI FILED-OFFICE Ci THE PROTH0,11 t, 1011 MAY 26 AM 10:142 CUMBERLAND COUNT PENNSYLVANIA ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire 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 MARLEY S. BECK, JR., Plaintiff V. CURTIS ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 113916 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff Marley S. Beck, Jr. by and through his attorneys, Angino & Rovner, P.C., by Richard A. Sadlock, Esquire and replies to the New Matter of Curtis Alleman as follows: 19. 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. Further, Plaintiff was in no way negligent. All of Plaintiff's injuries and 471465 damages were caused by the negligence, carelessness, wantonness and recklessness of the instant Defendant. 20. 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, there was no sudden emergency at the time of the instant accident. Further, all of Plaintiff's injuries and damages were caused by the negligence, carelessness, wantonness and recklessness of the instant Defendant. 21. 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 the time of the accident referred to in Plaintiffs complaint, Plaintiff was not the owner of a private passenger motor vehicle and therefore was not required to make a tort option selection. 22. 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, all of Plaintiffs injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 23. 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, all of Plaintiffs injuries, damages, and losses were caused by the negligence, carelessness, wantonness and recklessness of the instant Defendant. 24. 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 471465 way of amplification, Plaintiffs Complaint was filed well within the applicable statute of limitations. 25. 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 is not entitled to any set-off or molded verdict in the instant action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in his favor against the Defendant. ANGaofr& ROVIVER. P.C. P*5 A. S ck, Esquire g 47281 4 . Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 471465 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 Reply to New Matter, are trued correct to the best of my knowledge, information, and belief. Sworn to and subscribed before me this day of 2011. Notary Public My Commission Expires: 471465 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 DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Brian J. Dougherty, Esquire Law Offices of Hubshman & Flood 2200 Stafford Avenue, Ste. 500 Scranton, PA 18505 (570) 961-7580 Michelle M. Milojevich Dated: 5/25/11 471465 LAW OFFICES OF HUBSHMAN & FLOOD By: BRIAN J. DOUGHERTY, ESQUIRE Attorney I.D. #87754 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendant S1956 MARLEIY S. BECK, JR., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW JURY TRIAL DEMANDED CURTIS ALLEMAN, ^? = Defendant. NO. 11-3916 Civil M ? - Wr PRAECIPE TO SUBSTITUTE VERIFICATION _ c' "TI TO THE PROTHONOTARY: Kindly substitute the attached verification of the Defendant, Curtis Alleman, for that of his counsel, with respect to the Defendant's Answer with New Matter to Plaintiff's Civil Action Complaint. HUBSHMAN & FLOOD By: BRIAN J. DQUCiHERTY, ESQUIRE Attorney for Defend?ny VERIFICATION I, CURTIS ALLEMAN, aver that I am the defendant in this case and I aver that the answers contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief and that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. DATE CURTIS A MAN LAW OFFICE8 OF HUBBHMAN & FLOOD By: BRIAN J. DOUGHERTY, ESQUIRE Attorney I.D. #87754 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendant S1956 MARLEY S. BECK, JR., Plaintiff, vs. CURTIS ALLEMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant. . NO. 11-3916 Civil CERTIFICATE OF SERVICE 1, BRIAN J. DOUGHERTY, ESQUIRE, do hereby certify that Defendant's Praecipe to Substitute Verification was served upon all parties this date via United States first class mail at the following addresses: Attorney for Plaintiff Richard Sadlock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 HUBSHMAN & FLOOD Date: By: i A? BRIAN Jr PIJERTY, ESQUIRE Attorney for Dek?ndar}t I F ? MARLEY S. BECK, JR., vs. CURTIS ALLEMAN, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 11-3916 Civil ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: C C?9 ? Z:0 D x 'urn C ' ) --+c? <° a C:)- n yc `a °m '.? -t "c Kindly mark the above-captioned matter Settled, Discontinued and Ended. BY: ?t char adlock, Es uire Attorney for Plaintiff