Loading...
HomeMy WebLinkAbout12-0197SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 0,11 f ?JI25 AM F'EPdP4 SY v4t% 1A Sheila R. Mathna vs. Case Number Richard E. Mathna, Sr. 2012-197 SHERIFF'S RETURN OF SERVICE 01/19/2012 01:10 PM - Bryan Ward, Sergeant, who being duly sworn according to law, states that on January 19, 2012 at 1310 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Richard E. Mathna, Sr., by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. r / ! b B YAN D. RD, DEPUTY SHERIFF COST: $28.00 January 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF '4. 11 FEB 2L+ AM 11: 50 JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: John A. Statler CUMBERLAND COUNTY I.D. No. 43812 PENNSYLVANIA 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com SHEILA R. MATHNA, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION — LAW • RICHARD E. MATHNA, SR., • NO. 2012-197 Civil Term • Defendant • JURY OF TWELVE PERSONS DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John A. Statler, Esquire of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendant, Richard E. Mathna, Sr., in the above-captioned matter. Respectfully submitted, JOH SO , D • EATEWART & WEIDNER By: John A. . - -•uire Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: February 21, 2014 Attorneys for Defendant Richard A. Mathna, Sr. 607546 111 s CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 21st day of February, 2014 addressed to the following: Virginia Shenkan, Esquire Virginia Shenkan Law Center, P.C. P.O. Box 1130 New Castle, PA 16103 JO ► •N DUFFIE, STEWART & WEIDNER A By: John A. Statl- • il`,1 1 O O1 !A,. 201'i FEB 2 t+ All I I: 5 I JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: John A. Statler .It BERLi 0 COUNTY I.D. No. 43812 PENNSYLVANIA 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com SHEILA R. MATHNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW RICHARD E. MATHNA, SR., : NO. 2012-197 Civil Term Defendant : JURY OF TWELVE PERSONS DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff, Sheila Mathna, to file a Complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. Respectfully submitted, JOHNS* , DU - ST ART & WEIDNER By: John A. Statler, Esq - Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: February 21, 2014 Attorneys for Defendant Richard A. Mathna, Sr. 607546 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Rule to File Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 21st day of February, 2014 addressed to the following: Virginia Shenkan, Esquire Virginia Shenkan Law Center, P.C. P.O. Box 1130 New Castle, PA 16103 JOHNS , FFIE, STEWART & WEIDNER By: John A. Statler JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: John A. Statler I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com SHEILA R. MATHNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW RICHARD E. MATHNA, SR., : NO. 2012-197 Civil Term Defendant : JURY OF TWELVE PERSONS DEMANDED RULE TO FILE COMPLAINT TO THE PLAINTIFF, SHEILA R. MATHNA: You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or judgment non pros will be entered against you. DATE: ��4 � r "OTHONOTA' Or THE PRO T'HQNO Ok MAR -3 N 2: 24 JOHNSON, DUFFIE, STEWART & WEIDNER , ` , R N By: John A. Statler i �,ENNSYLVANIA I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043 -0109 (717) 761 -4540 jas @jdsw.com Attorneys for Defendant SHEILA R. MATHNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD E. MATHNA, SR., Defendant CIVIL ACTION — LAW • NO. 2012 -197 Civil Term JURY OF TWELVE PERSONS DEMANDED PRAECIPE TO FILE CERTIFICATE OF SERVICE OF RULE FOR COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on February 24, 2014 and served on the date reflected in the attached Certificate of Service. Date: February z8 2014 608690 Respectfully submitted, JOHNSON. DUFFIE, STEWART & WEIDNER Bv: John A. Statler, s• -'.e Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043 -0109 Telephone (717) 761 -4540 Attorneys for Defendant Richard A. Mathna, Sr. JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043 -0109 (717) 761 -4540 jas @jdsw.com SHEILA R. MATHNA, Plaintiff v. RICHARD E. MATHNA, SR., Defendant Attorneys for Defendant • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND, COUNTY, PENNSYLVANIA • CIVIL ACTION -- LAW NO. 2012 -197 Civil Term JURY OF TWELVE PERSONS DEMANDED CERTIFICATE OF SERVICE HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on February 24, 2014 upon counsel for Plaintiff, by depositing same in the United States Mail at Lemoyne, Pennsylvania, with first -class postage prepaid on the 28th day of February, 2014, addressed to the following: Virginia Shenkan, Esquire Virginia Shenkan Law Center P.O. Box 1130 New Castle, PA 16103 JOH • UFFIE, STE RT & WEIDNER By: John A. Statler, Esquir Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043 -0109 Telephone (717) 761 -4540 Attorneys for Defendant CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to File Certificate of .Service of Rule for Complaint for upon all .parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first -class postage prepaid on the 28th day of February, 2014, addressed•to.the following: Virginia Shenkan, Esquire Virginia Shenkan Law Center P.O. Box 1130 New Castle, PA 16103 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Sta - , • ire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043 -0109 Telephone (717) 761 -4540 Attorneys for Defendant r` RROTrrO, '7 d A f t WEIDNER JOHNSON, DUFFIE, STEWART &tJ?A HAY 2 p ': 04By: John A. Statler J'9i3FRL NO COUNTY I.D. No. 43812 PENNS YL VAMP, 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com SHEILA R. MATHNA, Plaintiff v. RICHARD E. MATHNA, SR., Defendant Attorneys for Defendant Richard E. Mathna, Sr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION — LAW : NO. 2012-197 Civil Term JURY OF TWELVE PERSONS DEMANDED CERTIFICATION OF SERVICE I hereby certify that on the date noted below, I forwarded a Ten Day Notice addressed to Plaintiff by first class, certified, return receipt mail, postage prepaid to the following party(ies): Date: May 2 , 2014 Virginia Shenkan, Esquire Virginia Shenkan Law Center, P.C. P.O. Box 1130 New Castle, PA 16103 JOHNS1E, SWWART & WEIDNER By: John A. Statler, uire Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Richard A. Mathna, Sr. s E C T I 0 N A s E c T I 0 N B Supreme Co Cou "o ,Commo "leas Cid Cover)Sheet Pennsylvania County For Prothonotary Use Only: iiI1 , , Docket No: ii—ic17- The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. of Action: Petition Declaration of Taking 1mmencement _ Complaint ❑ Writ of Summons ■ Transfer from Another Jurisdiction N Lead Plaintiff's Name: 5 ei LA 4. MA Opt Lead Defendant's Name: 12\x -012-b e_ M rt-nhNA % 5(Z. Dollar Amount Requested: II within arbitration limits Are money damages requested? . Yes R No (check one) outside arbitration limits Is this an MDJAppeal? 11:1 Yes X No Is this a Class Action Suit? 'Yes U No Name of Plaintiff/Appellant's Attorney: N \_j i\Pt 5\ EJ) (), . a Self -Represented [Pro Se] Litigant) 111 Check here if you have no attorney (are Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ❑ Intentional ❑ alicious Prosecution Motor Vehicle ® Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ® Other: MASS TORT ❑ Asbestos ❑ Tobacco ® Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ® Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ® Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS O Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ® Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin 0 Other: Updated 1/1/1011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA and ) CIVIL DIVISION , Plaintiff, ) CASE NO.: 2012-197 _i t-., vs. ) JUDGE: (D RICHARD E. MATHNA, SR. ) PLEADING: COMPLAINT -c, �, Defendant. ) FILED ON BEHALF OF: � i.: ) SHEILA R. MATHNA, ) Plaintiff ) COUNSEL OF RECORD FOR THIS PARTY: ) Virginia Shenkan, Esq. ) PA I.D.#: 57861 ) Virginia Shenkan Law Center, P.C. ) 2712 Carlisle Street ) New Castle, PA 16105 ) (724) 652-8000 ) Fax: (724) 658-4444 ) JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA ) CIVIL DIVISION ) Plaintiff, ) CASE NO.: 2012-197 ) vs. ) JUDGE: ) RICHARD E. MATHNA, SR. ) PLEADING: COMPLAINT ) Defendant. ) NOTICE TO DEFEND 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 that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 COMPLAINT Now Comes the Plaintiff SHEILA R. MATHNA, by and through her counsel, Virginia Shenkan, Esq. of the Virginia Shenkan Law Center, P.C., hereby demands judgment against the Defendant, RICHARD E. MATHNA, SR., and in support thereof, avers as follows: A. INTRODUCTION 1. This action arises from the negligent and/or reckless driving of RICHARD E. MATHNA, SR. 2. On or about February 2, 2010, Defendant RICHARD E. MATHNA, SR. driving his 1991 GMC Sierra pickup truck too fast for road conditions during a snow storm, slid on black ice, lost control of his motor vehicle and drove off the side of the road and crashed. 3. Plaintiff SHEILA R. MATHNA, a passenger in the Mathna vehicle, was severely and permanently injured in this collision. B. PARTIES AND INTERESTED PERSONS 4. Plaintiff SHEILA R. MATHNA is an adult individual, who at the time of the accident resided at 1 Brittany Drive, Carlisle, Cumberland County, PA 17013, and now resides at 19 Magnolia Lane, Carlisle, Cumberland County, PA 17015. 5. Defendant Driver and Owner RICHARD E. MATHNA, SR. is an adult individual, who at the time of the accident resided at 1 Brittany Drive, Carlisle, Cumberland County, PA 17103, and now resides at 19 magnolia Lane, Carlisle, PA 17105. 6. At all times material, Defendant Driver and Owner RICHARD E. MATHNA, SR. was and is the husband of Plaintiff SHEILA R. MATHNA. 7. At all times material, Plaintiff SHEILA R. MATHNA was and is the wife of Defendant RICHARD E. MATHNA, SR. 8. At all times material, Defendant Driver and Owner RICHARD E. MATHNA, SR. resided with Plaintiff wife SHEILA R. MATHNA. 9. At all times material, Plaintiff SHEILA R. MATHNA was a passenger in the vehicle owned and operated by Defendant husband RICHARD E. MATHNA, SR. C. BACKGROUND 10. On or about February 2, 2010, Plaintiff SHEILA R. MATHNA was a passenger in a vehicle driven by Defendant RICHARD E. MATHNA, SR., which was traveling on Walnut Bottom Road, near Burnhouse Road, SR 465, Dickinson Township, Cumberland County, PA. 11. Defendant RICHARD E. MATHNA, SR. Operated the vehicle in a negligent, careless and/or reckless manner. 12. As a result of the aforesaid accident, Plaintiff SHEILA R. MATHNA was severally and permanently injured. 13. The accident as described above, was the direct result of the negligence, carelessness and recklessness of the Defendant RICHARD E. MATHNA, SR. 14. Each and every one of the foregoing acts or omissions on the part of Defendant RICHARD E. MATHNA, SR., was the direct and/or proximate and sole causes of the injuries to SHEILA R. MATHNA. 15. The aforesaid collision was in no way caused by Plaintiff SHEILA R. MATHNA. 16. As a direct and proximate result of Defendant's actions, Plaintiff SHEILA R. MATHNA sustained bodily injury, incurred loss of income, additional expenses, and other incidental compensatory and consequential damages in excess of this Court's arbitration jurisdiction for which Defendant is liable. COUNT ONE SHEILA R. MATHNA VS. RICHARD E. MATHNA, SR. NEGLIGENCE 17. Plaintiff hereby incorporates by reference all the above allegations as though the same were fully set forth herein at length. 18. The injuries and damages sustained by Plaintiff SHEILA R. MATHNA were the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant RICHARD E. MATHNA, SR., in some of the following particulars, but not limited to: a. Operating a vehicle in violation of and without regard to the traffic laws and regulations of Dickinson Township, Cumberland County, Pennsylvania and/or the United States of America; b. Failing to maintain proper control over the operation of the vehicle; c. Failing to maintain an adequate and proper lookout; d. Operating the vehicle without being able to stop within an assured clear distance ahead; e. Disregarding the rights and safety of persons and/or vehicles lawfully on the road; f. Operating the vehicle in such a manner as to create a dangerous condition of which he knew, or in the exercise of reasonable care, should have known; g. Failing to obey traffic signals, controls and/or signs on the road traveled by him; h. Failing to yield the right of way; i. Failing to properly and/or adequately warn and/or signal the approach and intended direction of his vehicle; J. Failing to give due regard to the point and position of other vehicles lawfully on the roadway; k. Operating the vehicle at an unsafe speed in light of the traffic, the road and/or weather conditions prevailing during the relevant time, and the stated speed limit; 1. Failing to properly and/or adequately apply his brakes; m. Operating the vehicle when he knew or reasonably should have known that it was not equipped with proper and/or properly operating signals, safety devices, warning devices, tires and/or brake systems; n. Failing to properly and/or adequately inspect and/or maintain the vehicle, including, but not limited to those items specified in subparagraph (m) above; o. Carelessly driving the vehicle; P. q. Making an improper and/or unsafe lane change and/or crossing into the lane- of on -coming traffic; Failing to use and/or properly use his turn signal; r. Driving the vehicle while being inattentive and/or tired; s. Operating the vehicle while under the influence of certain drugs, medicine and/or alcohol which made him unfit to drive; t. Otherwise being negligent and careless and/or reckless under the circumstances as may be determined through discovery or at the time of trial. 19. As a direct and proximate result of Defendant RICHARD E. MATHNA, SR., Defendant RICHARD E. MATHNA is liable for the following damages: a. Medical expenses related to Plaintiff SHEILA R. MATHNA's injuries; b. Loss of Plaintiff SHEILA R. MATHNA'S earnings; c. Reduction or permanent impairment of Plaintiff SHEILA R. MATHNA' S earning capacity; d. Deprivation of Plaintiff SHEILA R. MATHNA'S ordinary pleasures of life; e. Great pain and suffering, inconvenience, nervousness, and mental impairment of Plaintiff SHEILA R. MATHNA; f. Loss of vitality and capacity for normal activities for Plaintiff SHEILA R. MATHNA; and, g. Such other damages as are permissible in a personal injury action. h. Punitive damages in that the Defendant RICHARD E. MATHNA'S conduct amounted to a reckless disregard and indifference for Plaintiff SHEILA R. MATHNA'S safety and life. WHEREFORE, Plaintiff SHEILA R. MATHNA demands judgment in her favor and against the Defendant RICHARD E. MATHNA, SR., for compensatory damages in an amount in excess of one hundred thousand dollars ($100,000.00) plus interest, costs of this action, attorney fees associated with this case, and such other relief as this Court may deem to be just and proper. COUNT TWO SHEILA R. MATHNA VS. RICHARD E. MATHNA, SR. PUNITIVE DAMAGES 20. Plaintiff hereby incorporates by reference all the above allegations as though the same were fully set forth herein at length. 21. The conduct of Defendant RICHARD E. MATHNA, SR., in causing the accident in which Plaintiff SHEILA R. MATHNA was injured, was outrageous and/or committed willfully, wantonly, and/or with reckless indifference and malice aforethought regarding the rights and safety of the public, including the Plaintiff SHEILA R. MATHNA. 22. As a direct and proximate result of Defendant's actions, Plaintiff SHEILA R. MATHNA sustained bodily injury, incurred loss of income, additional expenses, and other incidental compensatory and consequential damages in excess of this Court's arbitration jurisdiction for which Defendant is liable. WHEREFORE, Plaintiff SHEILA R. MATHNA demands judgment in her favor and against the Defendant RICHARD E. MATHNA, SR., for compensatory damages in an amount in excess of one hundred thousand dollars ($100,000.00) plus interest, costs of this action, attorney fees associated with this case, and such other relief as this Court may deem to be just and proper. -END OF PAGE- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA Plaintiff, vs. RICHARD E. MATHNA, SR. Defendant. ) CIVIL DIVISION ) CASE NO.: 2012-197 ) JUDGE: ) PLEADING: CERTIFICATE OF SERVICE ) FOR PLAINTIFF'S COMPLAINT CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiff's Complaint has been forwarded to all Defendants and all Counsel of Record for Defendants, as listed below, by fax and by U.S. Mail, postage prepaid on this the 13th day of June, 2014: John A. Statler, Esq. Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Defense Counsel for Richard E. Mathna, Sr. and Erie Insurance Via fax: (717) 761-3015 and First Class Mail Respectfully Submitted, Virginia She a nter, P.C. Vir Att for Plaintiff Sheila R. Mathna PA I .#: 57861 2712 Carlisle Street New Castle, PA 16105 (724) 652-8000 Fax: (724) 658-4444 Respectfully Submitted, Vi inia Shenkan Ce , - P.C. rgi a Shenkan Atto'-y for Plaintiff Sheila R. Mathna PA I.D.#: 57861 2712 Carlisle Street New Castle, PA 16105 (724) 652-8000 Fax: (724) 658-4444 t�` 7 7 J l q v,j jury er I II 2t, 7 I �" JOHNSON, DUFFIE, STEWART&WEIDNE03 E RL UP CO,�$ Attorneys for Defendant Y . � � By: John A. Statler ENNS 'I rdl ^� I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com SHEILA R. MATHNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW RICHARD E. MATHNA, SR., : NO. 2012-197 Civil Term Defendant : JURY OF TWELVE PERSONS DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT RICHARD E. MATHNA, SR. TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Richard E. Mathna, Sr., by his attorneys, Johnson, Duffie, Stewart & Weidner, P.C. who, pursuant to Pa.R.C.P. 1028, file the following Preliminary Objections to the Plaintiff's Complaint in this case: INSUFFICIENT SPECIFICITY IN A PLEADING 1. Rule 1028 (a) (3) of the Pa.R.C.P. provides for the filing of a preliminary objection based on insufficient specificity in a pleading. 2. In her Complaint at Paragraph 16, Plaintiff avers that she sustained "bodily injury" as a direct and proximate result of Defendant's actions. 3. The Plaintiff's Complaint does not further delineate or describe the specific injuries or even the areas of the body that Plaintiff claims were injured, as a result of the Defendant's actions. 4. Similarly, in Paragraph 18 (t) of her Complaint, the Plaintiff avers that she sustained injuries and damages because the Defendant was "otherwise being negligent and careless and/or reckless under the circumstances as may be determined through discovery or at the time of trial." 5. Boilerplate averments that a defendant was "otherwise negligent" are routinely stricken by Pennsylvania Courts. See e.g. Conner v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983). WHEREFORE, Defendant Richard E. Mathna, Sr., respectfully requests this Honorable Court to grant the Defendant's Preliminary Objections and to require the Plaintiff to replead Paragraphs 16 and 18 (t) of the Plaintiff's Complaint with more specificity or, in the alternative strike those Paragraphs from the Complaint. LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 6. Rule 1029 (a) (4) of the Pa.R.C.P. provides for the filing of a preliminary objection based on legal insufficiency of a pleading or demurrer. 7. In Paragraph 2 and 3 of the Complaint, the Plaintiff avers that she was injured as a passenger in a motor vehicle operated by Defendant because Defendant drove the vehicle too fast for conditions during a snow storm, slid on black ice, lost control of his motor vehicle and drove off the side of the road and crashed (Complaint, ¶¶ 2 and 3). 8. Based upon these facts, the Plaintiff then seeks to recover punitive damages from the Defendant as a result of this motor vehicle accident. (Complaint ¶¶ 19 (h) and 21-22). 9. Punitive damages are not recoverable under Pennsylvania law for acts of omissions that constitute ordinary negligence. WHEREFORE, Defendant Richard E. Mathna, Sr., respectfully requests this Honorable Court to strike Paragraphs 19 (h) and 21-22 from the Plaintiff's Complaint based on legal insufficiency. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT 10. Rule 1028 (a) (2) of the Pa.R.C.P. provides that a preliminary objection may be filed based on the failure of a pleading to conform to law or rule of court. 11. Rule 1024 of the Pa.R.C.P. requires every pleading containing an averment of fact to be verified by the party filing the pleading. 12. The Plaintiff's Complaint in this case was not verified by Plaintiff Sheila R. Mathna, nor was there any reason stated in the Complaint why the verification was not made. 13. The Plaintiff's unverified Complaint in this case should be dismissed or, in the alternative, should be required to be refiled with an appropriate verification. 14. In the "WHEREFORE clauses" of both Counts I and II of the Complaint, Plaintiff avers that she is seeking damages in excess of $100,000. 15. Rule 1301-1 of the Cumberland County Rules of Procedure requires compulsory arbitration of cases in which the amount in controversy is $50,000 or less. (CCRP No. 1301-1) 16. Rule 1021 (e) of the Pa.R.C.P. states that in counties having rules governing compulsory arbitration the plaintiff shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule. 17. The Plaintiff's Complaint in this case should only state that the Plaintiff is seeking damages in excess of $50,000, the amount required to submit the case to compulsory arbitration in Cumberland County. 18. WHEREFORE, Defendant Richard E. Mathna, Sr. respectfully requests this Honorable Court to grant the Defendant's Preliminary Objections and to order the Plaintiff to file an Amended verified Complaint claiming only damages in excess of $50,000 or the amount required to submit this case to compulsory arbitration pursuant to local rules of court. Respectfully submitted, JOHNS , ; •. 1E, ST ART & WEIDNER 411P By: John A. Statler, Esriire Attorney I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June 3 2 014 Attorneys for Defendant Richard A. Mathna, Sr. 634872 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Preliminary Objections of Defendant, Richard E. Mathna, Sr. to Plaintiff's Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2-3v day of June, 2014 addressed to the following: Virginia Shenkan, Esquire Virginia Shenkan Law Center, P.C. P.O. Box 1130 New Castle, PA 16103 JOHNSON DUFFIE, STEWART & WEIDNER By: John A. , squire Attorney I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Richard A. Mathna, Sr. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) SHEILA R. MATHNA vs. RICHARD E. MATHNA, SR. 1. No. 2012-197 CIVIL Ter State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): fl fendant' s Preliminary 2. Identify all counsel who will argue cases: (a) for plaintiffs: Virginia Shenkan, Esquire Objections to Complaint (Name and Address) Virginia Shenkan Law Center, P.C. P.O. Box 1130 New Castle, PA 16103 (b) for defendants: John A. Statler, Esquire (Name and Address) 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 15, 2014 Date: 67z-57/ Signature John A. Statler, Esq. Print your name Defendant, Richard E. Mathna, Sr. Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ` Ok k *1,\01 .'I Sp (j. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Argument upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the Z ay of June, 2014 addressed to the following: Virginia Shenkan, Esquire Virginia Shenkan Law Center, P.C. P.O. Box 1130 New Castle, PA 16103 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler,`Esqu1r`e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA and Plaintiff', vs. RICHARD E. MATHNA, SR. Defendant. ) CIVIL DIVISION ) ) CASE NO.: 2012-197 ) ) JUDGE: ) ) PLEADING: PLAINTIFF'S RESPONSE TO ) DEFENDANT RICHARD E. MATHNA'S ) PRELIMINARY OBJECTIONS TO ) PLAINTIFF'S COMPLAINT ) ) FILED ON BEHALF OF: ) SHEILA R. MATHNA, Plaintiff ) ) COUNSEL OF RECORD FOR THIS PARTY: ) Virginia Shenkan, Esq. ) PA I.D.#: 57861 ) Virginia Shenkan Law Center, P.C. ) 2712 Carlisle Street ) New Castle, PA 16105 ) (724) 652-8000 ) Fax: (724) 658-4444 ) ) JURY TRIAL DEMANDED C) Ljr r—o 2 L� OrINAL _f PLAINTIFF'S RESPONSE TO DEFENDANT RICHARD E. MATHNA'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Now Comes the Plaintiff SHEILA R. MATHNA, by and through her counsel, Virginia Shenkan, Esq. of the Virginia Shenkan Law Center, P.C., files the following Response to Defendant Richard E. Mathna's Preliminary Objections to Plaintiff's Complaint: A. FIRST OBJECTION: INSUFFICIENT SPECIFICITY IN A PLEADING 1. No response is required to the avernment under the Pennsylvania Rules of Civil Procedure. Rule 1028 (a) (3) speaks for itself. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. This avernment is a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Sheila R. Mathna, demands that Defendant Richard E. Mathna's First Preliminary Objections be overruled. B. SECOND OBJECTION: LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 6. No response is required to the avernment under the Pennsylvania Rules of Civil Procedure. Rule 1029 (a) (4) speaks for itself. 7. Admitted. 8. Admitted. 9. Denied. This avernment is a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, Plaintiff has described in Introduction, Paragraph 2 of the Complaint the actions of Defendant. WHEREFORE, Plaintiff, Sheila R. Mathna, demands that Defendant Richard E. Mathna's Second Preliminary Objections be overruled. C. THIRD OBJECTION: FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT 10. No response is required to the avernment under the Pennsylvania Rules of Civil Procedure. Rule 1028 (a) (2) speaks for itself. 11. No response is required to the avernment under the Pennsylvania Rules of Civil Procedure. Rule 1024 speaks for itself. 12. Admitted. Verification previously mistakenly omitted. Verification attached hereto. 13. Denied. Plaintiff has verified the Complaint, a copy of which is attached hereto. 14. Admitted. Plaintiff's damages far exceed $100,000.00. 15. No response is required to the avernment under the Pennsylvania Rules of Civil Procedure. Rule 1301-1 speaks for itself. 16. No response is required to the avernment under the Pennsylvania Rules of Civil Procedure. Rule 1021 speaks for itself. 17. Denied. This avernment is a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, Plaintiff's damages far exceed $100,000.00. 18. Denied. This avernment is a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Sheila R. Mathna, demands that Defendant Richard E. Mathna's Third Preliminary Objections be overruled. WHEREFORE, Plaintiff respectfully requests that the ALL Preliminary Objections of Defendant Richard E. Mathna be denied and dismissed with prejudice. Respectfully Submitted, Virginia Shenkan Law Center, P.C. Vfid, irginiaShenkan Attorney for Plaintiff Sheila R. Mathna PA I.D.#: 57861 2712 Carlisle Street New Castle, PA 16105 (724) 652-8000 Fax: (724) 658-4444 VERIFICATION I verify that the averments of fact made in the foregoing PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS are true and correct and based upon my personal knowledge, information and belief. I understand that averments of fact in said PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS are made subject to the penalties of 18 PA. C.S.A. Section 4904, relating to unsworn falsification to authorities,. Date: August 5, 2014 Sheila Mathna IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA and ) CIVIL DIVISION Plaintiff, ) CASE NO.: 2012-197 vs. ) JUDGE: RICHARD E. MATHNA, SR. ) PLEADING: ORDER OF COURT FOR ) PLAINTIFF'S RESPONSE TO DEFENDANT'S ) PRELIMINARY OBJECTIONS TO ) PLAINTIFF'S COMPLAINT Defendant. ) ORDER OF COURT AND NOW, this day of , 20, upon consideration of Defendant Richard E. Mathna's Preliminary Objections to Plaintiff's Complaint, and Plaintiff's Response in Opposition thereto, it is hereby ORDERED and DECREED that said Preliminary Objections and DENIED. BY THE COURT J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA ) CIVIL DIVISION Plaintiff, ) CASE NO.: 2012-197 vs. ) JUDGE: RICHARD E. MATHNA, SR. ) PLEADING: CERTIFICATE OF SERVICE ) FOR PLAINTIFF'S RESPONSE TO Defendant. ) DEFENDANT'S PRELIMINARY OBJECTIONS ) TO PLAINTIFF'S COMPLAINT CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiffs Response to Defendant Richard E. Mathna's Preliminary Objections to Plaintiff's Complaint has been forwarded to all Defendants and all Counsel of Record for Defendants, as listed below, by fax and by U.S. Mail, postage prepaid on this the 9th day of August, 2014: John A. Statler, Esq. Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Defense Counsel for Richard E. Mathna, Sr. and Erie Insurance Via fax: (717) 761-3015 and First Class Mail Respectfully Submitted, Virginia Shenkan Lbw Center, P.C. Virgi4gi` Shenkan Attorney for Plaintiff Sheila R. Mathna PA I.D.#: 57861 2712 Carlisle Street New Castle, PA 16105 (724) 652-8000 Fax: (724) 658-4444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA and ) CIVIL DIVISION ) Plaintiff, ) CASE NO.: 2012-197 ) vs. ) JUDGE: ) RICHARD E. MATHNA, SR. ) PLEADING: FIRST AMENDED COMPLAINT ) Defendant. ) FILED ON BEHALF OF: ) SHEILA R. MATHNA, ) Plaintiff ) ) COUNSEL OF RECORD FOR THIS PARTY: ) Virginia Shenkan, Esq. ) PA I.D.#: 57861 ) Virginia Shenkan Law Center, P.C. ) 2712 Carlisle Street ) New Castle, PA 16105 ) (724) 652-8000 ) Fax: (724) 658-4444 ) JURY TRIAL DEMANDED C: - ORIGINAL ORiGINAL FIRST AMENDED COMPLAINT Now Comes the Plaintiff SHEILA R. MATHNA, by and through her counsel, Virginia Shenkan, Esq. of the Virginia Shenkan Law Center, P.C., hereby demands judgment against the Defendant, RICHARD E. MATHNA, SR., and in support thereof, avers as follows: A. INTRODUCTION 1. This action arises from the negligent and/or reckless driving of RICHARD E. MATHNA, SR. 2. On or about February 2, 2010, Defendant RICHARD E. MATHNA, SR. driving his 1991 GMC Sierra pickup truck too fast for road conditions during a snow storm, slid on black ice, lost control of his motor vehicle, and drove off the side of the road and crashed. 3. Plaintiff SHEILA R. MATHNA, a passenger in the Mathna vehicle, was severely and permanently injured in this collision. B. PARTIES AND INTERESTED PERSONS 4. Plaintiff SHEILA R. MATHNA is an adult individual, who at the time of the accident resided at 1 Brittany Drive, Carlisle, Cumberland County, PA 17013, and now resides at 19 Magnolia Lane, Carlisle, Cumberland County, PA 17015. 5. Defendant Driver and Owner RICHARD E. MATHNA, SR. is an adult individual, who at the time of the accident resided at 1 Brittany Drive, Carlisle, Cumberland County, PA 17103, and now resides at 19 magnolia Lane, Carlisle, Cumberland County, PA 17105. 6. At all times material, Defendant Driver and Owner RICHARD E. MATHNA, SR. was and is the husband of Plaintiff SHEILA R. MATHNA. 7. At all times material, Plaintiff SHEILA R. MATHNA was and is the wife of Defendant RICHARD E. MATHNA, SR. 8. At all times material, Defendant Driver and Owner RICHARD E. MATHNA, SR. resided with Plaintiff wife SHEILA R. MATHNA. 9. At all times material, Plaintiff SHEILA R. MATHNA was a passenger in the vehicle owned and operated by Defendant husband RICHARD E. MATHNA, SR. C. BACKGROUND 10. On or about February 2, 2010, Plaintiff SHEILA R. MATHNA was a passenger in a vehicle driven by Defendant RICHARD E. MATHNA, SR., which was traveling on Walnut Bottom Road, near Burnhouse Road, SR 465, Dickinson Township, Cumberland County, PA. 11. On or about February 2, 2010, Defendant RICHARD E. MATHNA, SR. was driving his 1991 GMC Sierra pickup truck too fast for road conditions during a snow storm, slid on black ice, lost control of his motor vehicle, and drove off the side of the road and crashed on Walnut Bottom Road, near Burnhouse Road, SR 465, Dickinson Township, Cumberland County, PA. 12. Defendant RICHARD E. MATHNA, SR. operated his vehicle in a negligent, careless and/or reckless manner. 13. As a result of the aforesaid accident, Plaintiff SHEILA R. MATHNA was severely and permanently injured. 14. Defendant RICHARD E. MATHNA was cited for operating the 1991 GMC motor vehicle at an unsafe speed for road conditions and for operating the 1991 GMC motor vehicle without a safety belt. 15. The accident as described above, was the direct result of the negligence, carelessness, and recklessness of the Defendant RICHARD E. MATHNA, SR. 16. Each and every one of the foregoing acts or omissions on the part of Defendant RICHARD E. MATHNA, SR., was the direct and/or proximate and sole causes of the injuries to SHEILA R. MATHNA. 17. The aforesaid collision was in no way caused by Plaintiff SHEILA R. MATHNA. 18. As a direct and proximate result of Defendant's actions, Plaintiff SHEILA R. MATHNA sustained bodily injuries, incurred loss of income, additional expenses, and other incidental compensatory and consequential damages in excess of this Court's arbitration jurisdiction for which Defendant is liable. COUNT ONE SHEILA R. MATHNA VS. RICHARD E. MATHNA, SR. NEGLIGENCE 19. Plaintiff hereby incorporates by reference all the above allegations as though the same were fully set forth herein at length. 20. On or about February 2, 2010, Defendant RICHARD E. MATHNA, SR. was driving his 1991 GMC Sierra pickup truck too fast for road conditions during a snow storm, slid on black ice, lost control of his motor vehicle, and drove off the side of the road and crashed on Walnut Bottom Road, near Burnhouse Road, SR 465, Dickinson Township, Cumberland County, PA. 21. At all times material, Plaintiff SHEILA R. MATHNA was a passenger in the 1991 GMC Sierra pickup owned and operated by Defendant RICHARD E. MATHNA. 22. The injuries and damages sustained by Plaintiff SHEILA R. MATHNA were the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant RICHARD E. MATHNA, SR., in some of the following particulars, but not limited to: a. Operating a vehicle in violation of and without regard to the traffic laws and regulations of Dickinson Township, Cumberland County, Pennsylvania and/or the United States of America; b. Failing to maintain proper control over the operation of the vehicle; c. Failing to maintain an adequate and proper lookout; d. Operating the vehicle without being able to stop within an assured clear distance ahead; e. Disregarding the rights and safety of persons and/or vehicles lawfully on the road; f. Operating the vehicle in such a manner as to create a dangerous condition of which he knew, or in the exercise of reasonable care, should have known; g. Failing to obey traffic signals, controls and/or signs on the road traveled by him; h. Failing to yield the right of way; i. Failing to properly and/or adequately warn and/or signal the approach and intended direction of his vehicle; j. Failing to give due regard to the point and position of other vehicles lawfully on the roadway; k. Operating the vehicle at an unsafe speed in light of the traffic, the road and/or weather conditions prevailing during the relevant time, and the stated speed limit; 1. Failing to properly and/or adequately apply his brakes; m. Operating the vehicle when he knew or reasonably should have known that it was not equipped with proper and/or properly operating signals, safety devices, warning devices, tires and/or brake systems; n. Failing to properly and/or adequately inspect and/or maintain the vehicle, including, but not limited to those items specified in subparagraph (m) above; o. Carelessly driving the vehicle; P. q. Making an improper and/or unsafe lane change and/or crossing into the lane of on -coming traffic; Failing to use and/or properly use his turn signal; r. Driving the vehicle while being inattentive and/or tired; s. Operating the vehicle while under the influence of certain drugs, medicine and/or alcohol which made him unfit to drive; t. Otherwise being negligent and careless and/or reckless under the circumstances as may be determined through discovery or at the time of trial. 23. As a direct and proximate result of Defendant RICHARD E. MATHNA, SR., Defendant RICHARD E. MATHNA is liable for the following damages: a. Medical expenses related to Plaintiff SHEILA R. MATHNA's injuries; b. Loss of Plaintiff SHEILA R. MATHNA'S earnings; c. Reduction or permanent impairment of Plaintiff SHEILA R. MATHNA'S earning capacity; d. Deprivation of Plaintiff SHEILA R. MATHNA' S ordinary pleasures of life; e. Great pain and suffering, inconvenience, nervousness, and mental impairment of Plaintiff SHEILA R. MATHNA; f. Loss of vitality and capacity for normal activities for Plaintiff SHEILA R. MATHNA; and, g. Such other damages as are permissible in a personal injury action. 24. As a direct and proximate result of Defendant RICHARD E. MATHNA, SR., Plaintiff SHEILA R. MATHNA has suffered the following injuries, all or some of which may be permanent in nature. a. Left patella fracture with reduction and internal fixation; b. Left ankle fracture with reduction and internal fixation of left ankle; c. Left humerus fracture with reduction and internal fixation; d. Splint and staples in left elbow; e. Developed Reflex Sympathetic Dystrophy (RSD) in left knee and left arm; f. Developed permanent condition of Tarsal Tunnel Syndrome with peripheral nerve disorder in left lower extremity; g. Permanent left ankle and left arm scarring; and, h. Cannot ambulate without the use of a walker and/or cane since the accident. WHEREFORE, Plaintiff SHEILA R. MATHNA demands judgment in her favor and against the Defendant RICHARD E. MATHNA, SR., for compensatory damages in an amount in excess of fifty thousand dollars ($50,000.00) plus interest, costs of this action, attorney fees associated with this case, and such other relief as this Court may deem to be just and proper. Respectfully Submitted, Virginia Shenkan Law Center, P.C. ��jj� Vimia he n Attorney for Plaintiff Sheila R. Mathna PA I.D.#: 57861 2712 Carlisle Street New Castle, PA 16105 (724) 652-8000 Fax: (724) 658-4444 VERIFICATION I verify that the averments of fact made in the foregoing PLAINTIFF'S FIRST AMENDED COMPLAINT are true and correct and based upon my personal knowledge, information and belief. I understand that averments of fact in said PLAINTIFF'S FIRST AMENDED COMPLAINT are made subject to the penalties of 18 PA. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: August 5, 2014 Sheila Mathna IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHEILA R. MATHNA ) CIVIL DIVISION Plaintiff, ) CASE NO.: 2012-197 vs. ) JUDGE: RICHARD E. MATHNA, SR. ) PLEADING: CERTIFICATE OF SERVICE ) FOR PLAINTIFF'S FIRST AMENDED Defendant. ) COMPLAINT CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiff's First Amended Complaint has been forwarded to all Defendants and all Counsel of Record for Defendants, as listed below, by fax and by U.S. Mail, postage prepaid on this the 9th day of August, 2014: John A. Statler, Esq. Law Offices of Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Defense Counsel for Richard E. Mathna, Sr. and Erie Insurance Via fax: (717) 761-3015 and First Class Mail Respectfully Submitted, Virginia Shenkan Law Center, P.C. Virnia Shenkan Attorney for Plaintiff Sheila R. Mathna PA I.D.#: 57861 2712 Carlisle Street New Castle, PA 16105 (724) 652-8000 Fax: (724) 658-4444 Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No, 43812 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com SHEILA R. MATHNA, Plaintiff V. RICHARD E. MATHNA, SR., Defendant FILED -OFFICE OF THE Pi?OTHONO TAR 20#11 SEP -9 PH 2: 04 Attorneys for Defenda t , Llut•IBERLANO COUNTY PENNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW NO. 2012-197 Civil Term JURY OF TWELVE PERSONS DEMANDED NOTICE TO PLEAD TO: SHEILA R. MATHNA, Plaintiff c/o Virginia Shenkan, Esquire Virginia Shenkan Law Center, P.C. 2712 Carlisle Street New Castle, PA 16105 YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. Date:1 fr/i JOH By: FFIE, STEWART & WEIDNER John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Richard E. Mathna, Sr. Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com SHEILA R. MATHNA, Plaintiff V. RICHARD E. MATHNA, SR., Defendant Attorneys for Defendant 0 01 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 2012-197 Civil Term JURY OF TWELVE PERSONS DEMANDED ANSWER OF DEFENDANT RICHARD E. MATHNA, SR. TO PLAINTIFF'S FIRST AMENDED COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Richard E. Mathna, Sr., by and through his attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who files the following Answer and New Matter in response to the Plaintiff's First Amended Complaint: 1. The averments in this Paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this Paragraph are denied pursuant to Pa.R.C.P. 1029(e). 2. It is admitted that on February 2, 2010 Defendant Richard E. Mathna was driving a 1991 GMC Sierra pickup truck during adverse weather conditions, lost control of the vehicle and crashed. 3. It is admitted that Plaintiff Sheila R. Mathna was a passenger in Richard Mathna's vehicle. The balance of the averments are denied pursuant to Pa.R.C.P. 1029(e). 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. It is admitted that on February 2, 2010, Defendant Richard E. Mathna, Sr. was driving a 1991 GMC Sierra pickup truck during adverse weather conditions, lost control of the motor vehicle and crashed on Walnut Bottom Road, near Burnhouse Road, SR 465, Dickinson Township, Cumberland County, PA. The balance of the averments are denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to PaR.C.P. 1029(e). 13. Denied pursuant to Pa.R.C.P. 1029(e). 14. Admitted. 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). 17. Admitted. 18. Denied pursuant to Pa.R.C.P. 1029(e). COUNT I SHEILA R. MATHNA v. RICHARD E. MATHNA, SR. (NEGLIGENCE) 19. Defendant incorporates by reference his answers to the averments in Paragraphs 1 through 18 of the Plaintiff's First Amended Complaint as if set forth at length. 20. It is admitted that on February 2, 2010, Defendant Richard E. Mathna, Sr. was driving a 1991 GMC Sierra pickup truck during adverse weather conditions, lost control of the motor vehicle, and crashed on Walnut Bottom Road, near Burnhouse Road, SR 465, Dickinson Township, Cumberland County, PA. The balance of the averments are denied pursuant to Pa.R.C.P. 1029(e). 21. Admitted. 22. Denied pursuant to Pa.R.C.P. 1029(e). The averments in this Paragraph and subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). 23. Denied pursuant to Pa.R.C.P. 1029(e). The averments in this Paragraph and subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). 24. Denied pursuant to Pa.R.C.P. 1029(e). The averments in this Paragraph and subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Richard E. Mathna, Sr. respectfully requests that judgment be entered in his favor and against the Plaintiff in this case. NEW MATTER By way of additional answer and reply, Defendant Richard E. Mathna, Sr. raises the following new matters: 25. Some or all of the Plaintiff's claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701, et seq. and especially by § 1722 of that law. 26. To the extent that some or all of the Plaintiff's damages have been paid or are payable by insurance, group contract or other arrangement for payment, then claims for those damages are barred both by 75 Pa.C.S.A. § 1722 and by the defense of payment generally. WHEREFORE, Defendant Richard E. Mathna, Sr. respectfully requests that Judgment be entered in his favor and against the Plaintiff in this case. Respectfully submitted, JOHN DUFFIE, STEWART & WEIDNER DATE: September :645235 , 2014 By: John A. Statle ire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICATION I, RICHARD E. MATHNA, SR., hereby acknowledge that I am a Defendant in this action; that I have read the foregoing ANSWER OF DEFENDANT RICHARD E. MATHNA, SR. TO PLAINTIFF'S FIRST AMENDED COMPLAINT INCLUDING NEW MATTER; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE: 6 -IV CHARD E.(THNA, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER OF DEFENDANT RICHARD E. MATHNA, SR. TO PLAINTIFF'S FIRST AMENDED COMPLAINT INCLUDING NEW MATTER upon all parties or counsel of record by depositing a copy of Defendant's Brief in Support of Summary Judgment in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of September, 2014, addressed to the following:, Virginia Shenkan, Esquire Virginia Shenkan Law Center, P.C. 2712 Carlisle Street New Castle, PA 16105 JOH •N, DUFFIE, STEWART & WEIDNER By. John A. Statler, Ere Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant