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Home My WebLink About11-3939FILED-OFFICE 1.r1 1 11 E" P -lU { y,rt+0 it", fl 'c 2,111 APP 27 PM 12: 1,74 ;U MBERLARD CCU w": PEh14'_S YLV4,'11 P": David H Rosenberg Attorney ID# 20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Rosenberg@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Joanne Lee & James Lee 630 Harmony Drive Apt 158 New Oxford, PA 17350 No. 2011 ? 3?3 Civil Action (XX) Law ( ) Equity Brittany Mason 14 Auburn Circle Boiling Springs, PA versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff David H Rosenber Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney Signbture f Attorney Supreme/Court ID No. 20569 Date: April 22, 2011 pd# . gv O?? Mrs n I WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ?dUl?? ? ?Ujj Prothonotary Date: y?? 2?4 b _ Deputy ( ) Check here if reverse iS used for additional information PROTHON. - 55 NQ tARv tiUi 1 +.l C.+i C 1 AP 4,6 PENNSYLVANIAA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOANNE LEE & JAMES LEE Plaintiffs NO. 2011-3939 V. BRITTANY MASON, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COME DEFENDANTS, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 2. Denied for lack of information. The Plaintiffs are not personally known to Answering Defendant and, accordingly, these paragraphs can neither be admitted or denied. 3. Admitted. 4-5. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 6. Admitted. 7. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). FACTS 8-14. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNTI Negligence -Joanne Lee v. Brittany Mason 15. Paragraphs 1 through 14 inclusive above are incorporated herein by reference and made a part hereof. 16-18. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II Loss of Consortium - James Lee v Brittany Mason 19. Paragraphs 1 through 18 inclusive above are incorporated herein by reference and made a part hereof. 20-23. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 24. Paragraphs 1 through 23 inclusive above are incorporated herein by reference and made a part hereof. 25. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby asserts all of the rights and defenses available to them under the aforementioned act. 26. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 27. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 28. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 29. Plaintiffs' claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and 0) payment. WHEREFORE, Answering Defendant respectfully demand judgment in her favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: a -7I 1 q llt BY: George H. Ea qt Attorney for of dant I.D. No. 27 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ire VERIFICATION I, BRITTANY MASON, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. r f BRITTAN ASON ?l Dated: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 0711 q / BY: George H. ger squire Attorney r endant I. D. No. 40 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL r ? ?'OTNONOTAk 1111 JUL 21 M 11. 4 r'U PENNSYLVA011NTY NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOANNE LEE & JAMES LEE Plaintiffs V. NO. 2011-3939 BRITTANY MASON, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Defendant's Loss of Consortium Interrogatories Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: James P. McNally, Esquire Stampone Law, P.C. 500 Cottman Avenue Cheltenham, PA 19012 DATE: 0 1 G I BY: EAGER, SPINELLO, QUINN &,STENGEL George H. Eag , Esc Attorney for endar I . D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 uire ri ED-OFFICE 'i dE PROTHONOTARY 28 11,..1111.. 21 AM 11: 46 CUMBERLAND COUNTY PENNSYLVANIA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOANNE LEE & JAMES LEE Plaintiffs NO. 2011-3939 V. BRITTANY MASON, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff Joanne Lee upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 15 BY: George H. Eag , squire Attorney for D f dant I.D. No. 277 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ?3 ROT N ORIGINAL 2011 JUL 21 AM 11: 4 6 CUMBERLAND COUNT" PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOANNE LEE & JAMES LEE Plaintiffs V. NO. 2.011-3939 BRITTANY MASON, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 DATE: _0 1 119 111 - BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager quire Attorney for D ndant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Handler Henning & Rosenberg LLP David H Rosenberg (20569) Matthew P. Rosenberg (201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail: rosenberg@hhrlaw.com mrosenberg@hhrlaw.com Nf1 du11 ?1r1 2E Anil: 17 CUMBERLAND COUNTY N.-N +SYLVANIA Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES LEE and JOANNE LEE, h/w 630 Harmony Drive, Apt. 158 New Oxford, PA 17350, Plaintiffs, CIVIL ACTION - LAW v BRITTANY MASON 14 Auburn Circle Boiling Springs, PA 17007, Defendant. NO.: 11-3939 PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, James Lee and Joanne Lee, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., and responds to the Defendant's allegations of New Matter as follows: 24. This does not require a response. 25. These are conclusions of law to which a response is not required. If a response is deemed to be required then these averments are specifically denied. Civil Procedure 2019(e). 26. These are conclusions of law to which a response is not required. If a response is deemed to be required then these averments are specifically denied. Civil Procedure 2019(e). 1 27. These are conclusions of law to which a response is not required. If a response is deemed to be required then these averments are specifically denied. Civil Procedure 2019(e). 28. These are conclusions of law to which a response is not required. If a response is deemed to be required then these averments are specifically denied. Civil Procedure 2019(e). 29. These are conclusions of law to which a response is not required. If a response is deemed to be required then these averments are specifically denied. Civil Procedure 2019(e). WHEREFORE, the Plaintiff, James Lee, seeks damages from Defendant, Brittany Mason, exclusive of interests and costs, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER HENNING & ROSENBERG LLP Dated: Julye ,2011 By: David H Rosenbe (20569) Matthew P. Rtwn enberg (201485) 1300 Linglest Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 Attorneys for plaintiffs Joanne Lee and James Lee, h/w i? l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES LEE and JOANNE LEE, h/w 630 Harmony Drive, Apt. 158 New Oxford, PA 17350, Plaintiffs, v BRITTANY MASON 14 Auburn Circle Boiling Springs, PA 17007, Defendant. CIVIL ACTION - LAW NO.: 11-3939 CERTIFICATE OF SERVICE On the 25`h day of July, 2011, 1 hereby certify that a true and correct copy of Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S. Mail George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Handler Henning & Rosenberg LLP By: David H senberg (20569) Matthe P. Rosenberg (201485) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES LEE and JOANNE LEE, h/w 630 Harmony Drive, Apt. 158 New Oxford, PA 17350, Plaintiffs, v BRITTANY MASON 14 Auburn Circle Boiling Springs, PA 17007, Defendant. CIVIL ACTION - LAW NO.: 11-3939 TO THE PROTHONOTARY: PRAECIPE % ? (S i P I°? 2: j ' IOERLAHD COUNTY Please mark the Docket in the above captioned matter as Settled, Discontinued and Satisfied. Handler Henning & Rosenberg LLP By: David H senberg (20569) Matth P. Rosenberg (201485)