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Home My WebLink About11-9040SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy wrtYt'` of ?un.(r?r/,r??t3 FILED-OFFICE Q THE PROTHONOTARY 2011 DEC 22 PM 2: 30 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Brandi Murray Case Number vs. 2011-9040 Kathleen Marie Clement SHERIFF'S RETURN OF SERVICE 12/12/2011 07:34 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on December 12, 2011 at 1934 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathleen Marie Clement, by making known unto Ryan Clement, Husband of Defendant at 337 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $38.44 December 14, 2011 l OUa;' 7 v- -S ;ei ' Ii=i;. SO ANSWERS, RON R ANDERSON, SHERIFF 'f r Y8 PROTHONOTARY 2011 DEC 29 PM !: 09 CUMBEF.RLAND CoUNTy PE+?N" YLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutzgangino-rovner.com BRANDI and CLAYTON MURRAY, Plaintiffs V. KATHLEEN CLEMENT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-9040 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. I To: Defendant Kathleen Clement, by and through counsel Donald Dorer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on July 28, 2010, at approximately 6:30 p.m. you were involved in a motor vehicle collision in a shopping center located near the Carlisle Pike? Admit Deny 488184 2. Do you admit that before the subject collision, you were operating a Ford traveling from east to west in the subject parking lot? Admit Deny 3. Do you admit that at the time of the subject motor vehicle collision, you had a cell phone in one of your hands? Admit Deny ANGINO & ROVNER, P.C. `;fit David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs Date: 0- 488184 C CERTIFICATE OF SERVICE I, Mary T. Geraets, 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 the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Donald R Dorer Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Attorney for Defendant 1. Mary . Gera 4s Dated: I), Ad 1 488184 11-023222 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Kathleen Clement BRANDI AND CLAYTON MURRAY, PLAINTIFFS VS. KATHLEEN CLEMENT, DEFENDANT t: tI.EL?PPICE PROItiONOTAR?2t t2 JAl, -5 P 1: 13 I^U?SBESY D APOiIA TY PEh IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-9040 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted in part, denied in part. It is admitted only that Plaintiffs, Brandi and Clayton Murray, are adult individuals residing at the listed address. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 2. Admitted. 3. Admitted in part, denied in part. By way of further statement, the Defendant believes, and thus avers, that the time of the accident was at or about 6:15 p.m. 4. Admitted. 5. Admitted. 6. Paragraph 6 of Plaintiffs' Complaint is specifically denied, as well as generally denied pursuant to Pa. R.C.P. §1029(e). 7. Paragraph 7 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 8. Paragraph 8 of Plaintiffs' Complaint is specifically denied, as well as generally denied pursuant to Pa. R.C.P. §1029(e). 9. Paragraph 9 of Plaintiffs' Complaint is specifically denied, as well as generally denied pursuant to Pa. R.C.P. §1029(e). 10. Paragraph 10 of Plaintiffs' Complaint is specifically denied, as well as generally denied pursuant to Pa. R.C.P. §1029(e). 11.-13. Paragraphs 11 to 13 of Plaintiffs' Complaint appear to set forth conclusions of law as to which no response is required; should any allegations therein be deemed factual in nature, such allegation are specifically denied, as well as generally denied pursuant to Pa. R.C.P. §1029(e). 14. The allegations in paragraph 14 of the Complaint, including subparagraphs 14(a) through 14(d), appear to set forth conclusions of law to which no response is required. To the extent a response is deemed necessary, said. allegations are specifically denied, as well as generally denied. pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Kathleen Clement, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. CLAIM I Brandi Murray v. Kathleen Clement 15. Paragraphs 1 through 14 are incorporated herein by reference, and made a part hereof as if set forth in full. 16.-20. Paragraphs 16 through 20 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Kathleen Clement, respectfully requests ,our Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. CLAIM II Clayton Murray v. Kathleen Clement 21. Paragraphs 1 through 20 are incorporated herein by reference, and made a part hereof as if set forth in full. 22. Paragraph 22 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Kathleen Clement, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 23. Paragraphs 1 through 22 are incorporated herein by reference, and made a part hereof as if set forth in full. 24. The Plaintiffs' claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 25. The Plaintiffs' claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Kathleen Clement, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Date: January 5, 2012 Respectfully submitted, LAW OFRCE OF SAY E?R DORER fj DonalTR. Dorer, Esdfuire 214 Senate Avenue - Suite 600 Camp Hill, PA 17 011 Telephone No. (717) 731-0988 Attorney for Defendant Court I.D. No. 39126 11-023222 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Kathleen Clement BRANDI AND CLAYTON MURRAY, PLAINTIFFS Vs. KATHLEEN CLEMENT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-9040 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Kathleen Clement verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: I 3C? 1 t ath en Clement 11-023222 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Kathleen Clement BRANDI AND CLAYTON MURRAY, PLAINTIFFS VS. KATHLEEN CLEMENT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-9040 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Date: January 5, 2012 David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs r. t Donald R. Dorer, Esquire Attorney for Defendant 11-023222 fr?fH tt D12 JAN 24 PPS 12: 5'7 t?.? , 0 PENNSYLVANIA BRANDI AND CLAYTON MURRAY, PLAINTIFFS VS. KATHLEEN CLEMENT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-9040 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. ANOINO & ROVNER. P.C. Date:) V-) _2D. L. Lutz, squire 4503 North Front Street Harrisburg, PA 17110-1708 Telephone No. (717) 238-6791 Attorney for Plaintiffs Court I.D. 35956 11-023222 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Kathleen Clement BRANDI AND CLAYTON MURRAY, PLAINTIFFS VS. KATHLEEN CLEMENT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-9040 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Date: January 23, 2012 "Donald R. Dorer, Esquire Attorney for Defendant