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HomeMy WebLinkAbout11-9289SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R; Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Raina M. Miller vs Ralph Clay t???}?OF'; r ?! f DEC 30 AM 9: 2 7 UMBER? A,Q G0,11N 1 f E MSYLVANIA Case Number 2011-9289 SHERIFF'S RETURN OF SERVICE 12/21/2011 04:38 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2011 at 163EI hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ralph Clay, by making known unto himself personally, at 301 W. Elmwooc Avenue, 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. -° MICHAEL BARRICK, DEPUTY SHERIFF= COST: $38.44 December 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF FILED-OFFICE 0i HE PROTHONOTARY 2012 JAN -4 AID I i : ;lu JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman t;0 PBNRLAN•D PENNSYLVANIA COUNTY I . D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant RAINA M. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-9289 Civil Term RALPH CLAY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. Respectfully submitted, N, DUFFIE, STE?WART & WEIDNER / J /ST?./"-) . - - Date: January _3_1 2012 475065 J ffers . Shipman, qt ttorney I.D. No. 51785 01 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January , 2012: Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 DUFFIE, STEWART & WEIDNER By: L I JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com FILED-OFFICE .i ° THE PROTHONOTARY 26112 ,SAN I I AM 11: 19 CUMBERLAND COUNTY Attorneys for Defendant PENNSYLVANIA RAINA M. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-9289 Civil Term RALPH CLAY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Raina M. Miller c/o Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 AND NOW, this day of January, 2012, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER fferso J. Shipm n ttorneys for Defendant 0 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com RAINA M. MILLER, Plaintiff V. RALPH CLAY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, RALPH CLAY, TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Ralph Clay, by and through his counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. To the contrary, the Defendant was in the process. of turning when he was struck by Plaintiff's vehicle, which was entering the intersection on a red Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9289 Civil Term light. 7. Denied. The averments contained in paragraph 7 and subparagraphs (a) through (c) are conclusions of law and fact to which no response is required. If a response is deemed to. be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the Defendant made a left turn directly into the path of Plaintiffs vehicle, when it was unsafe to do so; (b) Denied. It is specifically denied that the Defendant failed to yield the right-of-way to Plaintiff; and (c) Denied. It is specifically denied that the Defendant was negligent in allegedly failing to wait until Plaintiff cleared the intersection before attempting to make his left turn. 8. Denied. The averments contained in paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Admitted that this claim does not exceed the jurisdictional limit for mandatory arbitration. WHEREFORE, the Defendant, Ralph Clay, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. -2- NEW MATTER 10. That Plaintiff's alleged cause of action may be barred by Plaintiffs own negligence. 11. Plaintiffs negligence includes: (a) Failing to be attentive to traffic; (b) Failing to drive at a safe speed; (c) Running a red light; and (d) Failing to avoid the accident. 12. Plaintiff's own negligence was the cause of the accident. WHEREFORE, the Defendant, Ralph Clay, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, ,,dOHNSON, DUFFIE EWART & WEIDNER i fferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: January 2012 Counsel for Defendant 475070 -3- VERIFICATION The undersigned verifies that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Ralph CI Dated: DR I'J ? X01 z :475126 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendant has been duly served upon the following counsel of record, by depositing the same i , the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 2012: Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 , DUFFIE, STEWART & WEIDNER JXhipman Dennis J. Shatto, Esquire Pa. Supreme Court ID #25675 Cleckner and Fearen 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 (Attorneys for Plaintiff) RAINA M. MILLER, Plaintiff VS. RALPH CLAY, Defendant { CD s T' r`I 'tom -- A r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9289 Civil Term CIVIL ACTION - LAW REPLY TO NEW MATTER 10. Denied. It is denied that Plaintiff was negligent. 11. Denied. It is denied that Plaintiff was negligent. It is denied that Plaintiff was inattentive, failed to drive at a safe speed, ran a red light, and failed to avoid the accident. The averments of the Complaint are incorporated herein by reference. 12. Denied. It is denied that Plaintiff was negligent. WHEREFORE, Plaintiff demands judgment in her favor as requested in the Complaint. Respectfully submitted. Dated: 2. U/Z CLECKNER AND FEAREN By Jwl--? Den s J. Shatto, Esquire Attorneys for Plaintiff CERTIFICATE OF SERVICE I. DENNIS J. SHATTO, hereby certify that on this day, I served a true and correct copy of the foregoing document upon the person (s) indicated below, by depositing same in the United States mail, first class postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P. 0. Box 109 Lemoyne, PA 17043-0109 CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street Date: _ ?l ZC?l2 P. 0. Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 RANA M. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RALPH CLAY, NO. 11-9289 CIVIL Defendant ORDER AND NOW, this Z ff ` day of March, 2012, the appointment of Drew Deyo, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Eric R. David, Esquire, is appointed in his place. BY THE COURT, Kevin ?f David Stone, Esquire Chairman V Eric R. David, Esquire Court Administrator rlm (I© „N 5 rn(. l et? 31.> - rn , co - j "'.0 le/lt RAINA M. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW vs. NO. 11-9289 CIVIL RALPH CLAY, Defendant ORDER AND NOW, this 30` day of March, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. David H. Stone, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevi . Hess, P. J. ? David H. Stone, Esquire Court Administrator i -, :rlm 4 40f? /yta'le- `???/? 5-7 Dennis J. Shatto, Esquire PA Attorney ID. #25675 Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 dennisshatto@hotmail com Attorneys for Plaintiff THt 0 MONO T AR?- 2012 JUL 25 PH 2: 3g CUMBERLAND COUNTY PENNSYLVANIA RAINA M. MILLER, Plaintiff V. RALPH CLAY, Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA NO. 11-9289 Civil Term CIVIL ACTION - LAW PRAECIPE TO MARK THE DOCKET SETTLED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above docket settled and discontinued. CLECKNER AND FEAREN Dated: Z ZolZ By Dennis J. Shatto, Esquire PA Supreme Court ID #25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorneys for Plaintiff