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HomeMy WebLinkAbout12-1620 C-1 C - 1 PENNSYLVANI M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ' `Cl , ';, x7 fir, CIVIL DIVISION __4C) ?- - .era -c, Z --r3 o-r Plaintiff(s) & Address(es) 7, C7 = - - r `? SUE A. QUARTERSON, Administratrix 5 c r? of the Estate of BETTY MESSICK - 333 Andersontown Road Mechanicsburg, PA 17055 f?o/ Q-16 gn Case No. Civil Term VS. Civil Action - Law Defendant(s) & Address(es) KATHY E. WALBRIDGE 153 Bridge Street Wellsboro, PA 16901 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Date : March / , 2012 Address: P.O. Box 109 Lemoyne, PA 17043-0109 Telephone #: (717) 761-4540 Supreme Court ID Number: 19616 / 307256 TO: KATHY E. WALBRIDGE • • 0 • • WRIT OF SUMMONS amp % 0.7S Pd a Ck. w 39 a 1-r S YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. J.f7A, .?l?"?,,? 111J? Prothonotary/Clerk, Civil Division Date: _ b Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ? ` ! , Sheriff ?t+ uiac?raGrrl, t- F n. c: E j 4tx> Jody S Smith Chief Deputy 4ull2I R 28 A ir : Richard W Stewart Solicitor ;? 14 N S Y LVr? a`z Sue A. Quarterson Case Number vs. 2012-1620 Kathy E. Walbridge SHERIFF'S RETURN OF SERVICE 03/14/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kathy E. Walbridge, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Tioga County, Pennsylvania to serve the within Writ of Summons according to law. 03/21/2012 08:03 AM - Tioga County Return: And now March 21, 2012 at 0803 hours I, Thomas A. Young II, Sheriff of Tioga County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Kathy E. Walbridge by making known unto herself personally, at 153 Bridge Street, Wellsboro, Pennsylvania 16901 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.45 March 23, 2012 SO ANSWERS, R-ON09 R ANDERSON, SHERIFF CGoi a.cSI [ fe sot 1,u; SHERIFF'S OFFICE OF TIOGA COUNTY Thomas A. Young II Christina Christman Sheriff Civil Division Thomas G. Smith Tammi Perla Chief Deputy Criminal Division SUE A QUARTERSON Case Number vs. CUMBERLAND COUNTY KATHY E WALBRIDGE SHERIFF 2012-1620 SHERIFF'S RETURN OF SERVICE 03/21/2012 08:03 AM - SHERIFF TOM YOUNG, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: KATHY E WALBRIDGE AT 153 BRIDGE STREET, WELLSBORO, PA 16901. THE DEFENDANT'S CORRECT ADDRESS IS 153 BRIDGE STREET ANTRIM, WELLSBORO, PA 16901. YOU HAVE TO INCLUDE THE WORD ANTRIM AFTER THE STREET ADDRESS. O YOUNG, SHERIF March 21, 2012 ------ ---- ----- ----- NOTARY Affirmed and subscribed to before me this not day of Christ N CWWW, NOWY Wdsb= F&O, T! W, Plaintiff Attorney. JOHNSON, DUFFIE, STEWART & WEIDNER, 301 MARKET STREET, P.O. BOX 109, LEMOYNE, PA SHERIFF'S OFFICE OF TIOGA COUNTY Thomas A. Young II Sheriff Thomas G. Smith Chief Deputy Christina Christman Civil Division Tammi Perla Criminal Division SUE A QUARTERSON Case Number vs. CUMBERLAND COUNTY KATHY E WALBRIDGE SHERIFF 2012-1620 SHERIFF'S RETURN OF SERVICE 03/21/2012 08:03 AM - SHERIFF TOM YOUNG, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DE FENDANT, TO WIT: KATHY E WALBRIDGE AT 153 BRIDGE STREET, WELLSBORO, PA 16901. THE DEFENDANT'S CORRECT ADDRESS IS 153 BRIDGE STREET ANTRIM, WELLSBORO, PA 16901. YOU HAVE TO INCLUDE THE WORD ANTRIM AFTER THE STREET ADDRESS. SHERIFF COST: $44.95 SO ANSWERS, March 21, 2012 THOMAS A. YOUNG II, SHERIFF COSTS DATE CATEGORY MEMO CHK # DEBIT CREDIT 03/15/2012 Advance Fee Advance Fee 39250 $0.00 $200.00 03/21/2012 Docket $9.00 $0.00 03/21/2012 Notary Fee $2.50 $0.00 03/21/2012 Postage $0.45 $0.00 03/21/2012 Service $9.00 $0.00 03/21/2012 Service Mileage $24.00 $0.00 03/21/2012 Refund 15552 $155.05 $0.00 $200.00 $200.00 BALANCE: $0.00 Plaintiff Attorney: JOHNSON, DUFFLE, STEWART & WEIDNER, 301 MARKET STREET, P.O. BOX 109, LEMOYNE, PA T;? I'li If , IJ Ji IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix No. 12-1620 of the ESTATE OF BETTY MESSICK, Plaintiff V. CIVIL ACTION - LAW KATHY E. WALBRIDGE, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Kathy E. Walbridge, in the above-captioned matter and mark the docket accordingly. Dated: April, 2012 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By. MICHAEL B. CHEIB, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 mscheib@gslsc.com Attorneys for Defendant, Kathy Walbridge r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix No. 12-1620 of the ESTATE OF BETTY MESSICK, Plaintiff V. CIVIL ACTION - LAW KATHY E. WALBRIDGE, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _1?tday of April, 2012, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: John R. Ninosky, Esquire Julia A. Phillips, Esquire Johnson Duffie P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYM S & LKINS By: MICHAEL B. SCHEIB, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 mscheib@gslsc.com Attorneys for Defendant, Kathy Walbridge i -. 17 A;In J , _--I'IBERLAND COWW`. ENNSYLVANIii, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix of the ESTATE OF BETTY MESSICK, Plaintiff No. 12-1620 V. KATHY E. WALBRIDGE, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE Please enter a Rule upon Sue A. Quarterson, Administratrix of the Estate of Betty Messick, Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. Date: April 2012 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibggslsc.com Attorney for Defendant, Kathy Walbridge NOW, v + I 1 , 2012, RULE ISSUED AS ABOVE. Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this -1 ' flay of April, 2012, I, Michael B. Scheib, Esquire, a member of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix No. 12-1620 of the ESTATE OF BETTY MESSICK, Plaintiff V. CIVIL ACTION - LAW KATHY E. WALBRIDGE, Defendant JURY TRIAL DEMANDED the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Rule to file a Complaint by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: John R. Ninosky, Esquire Julia A. Phillips, Esquire Johnson Duffle P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By*1H B. CSC EIB, iES UI Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Attorney for Defendant, Kathy Walbridge t,FC Y APR 17 At,' jo: 3;, CUMBERLAw E.NNS Y V I IN THE COURT OF COMMON PLEA F &MBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix No. 12-1620 of the ESTATE OF BETTY MESSICK, Plaintiff V. CIVIL ACTION - LAW KATHY E. WALBRIDGE, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I l? i Y day of April, 2012, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendant to Plaintiff Set No. 1, by United States First-Class Mail, postage prepaid, addressed as follows: John R. Ninosky, Esquire Julia A. Phillips, Esquire Johnson Duffie P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MIC AEL B. SC EIB, ESQ. # PA 63868 110 South Northern Way York, Pennsylvania 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(a,gslsc.com Attorney for Defendant, Kathy Walbridge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix No. 12-1620 of the ESTATE OF BETTY MESSICK, a:: Plaintiff ' rf7i Xnb v v. CIVIL ACTION - LAW ry KATHY E. WALBRIDGE, Defendant JURY TRIAL DEMANDED ck - CERTIFICATE OF SERVICE AND NOW, this day of 2012, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Interrogatories of Defendant Kathy E. Walbridge to Plaintiff Sue A. Quarterson, Administratrix of the Estate of Betty Nessick, Set No. 2, by United States First-Class Mail, postage prepaid, addressed as follows: John R. Ninosky, Esquire Julia A. Phillips, Esquire Johnson Duffie P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiff) By: Attorney I.D. # PA. 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibggslsc.com Attorney for Defendant, Kathy Walbridge GRIFFITH, STRICKLER, LERMAN, r s ? t. cLy s, I Johnson, Duffie, Stewart & Weidner By: Julia A. Phillips, Esquire Attorney I.D. No. 307256 301 Market Street, P. O. Box 10 Lemoyne, PA 17043-0109 (717) 761-4540 jap@jdsw.com SUE A. QUARTERSON, Admini tratrix of the Estate of BETTY A. MESSI K, Plaintiff V. KATHY E. WALBRIDGE, YOU HAVE BEEN SU CLAIMS SET FORTH IN THE TWENTY (20) DAYS AFTER T A WRITTEN APPEARANCE F WITH THE COURT YOUR D AGAINST YOU. YOU ARE V PROCEED WITHOUT YOU At COURT WITHOUT FURTHER FOR ANY OTHER CLAIM OR MONEY OR PROPERTY OR C ndant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 2012-1620 NOTICE TO DEFEND D IN COURT. IF YOU WISH TO DEFEND AGAINST THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN IS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING RSONALLY OR BY ATTORNEY AND FILLING IN WRITING FENSES OR OBJECTIONS TO THE CLAIMS SET FORTH kRNED THAT IF YOU FAIL TO DO SO THE CASE MAY ) A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE OTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE HER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE T IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR ASSOCIATION 2 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108; 717-249-3166 Johnson, Duffie, Stewart & Weidner Attorney for Plaintiff By: Julia A. Phillips, Esquire Attorney I.D. No. 307256 301 Market Street, P. O. Box 10 Lemoyne, PA 17043-0109 (717) 761-4540 jap@jdsw.com SUE A. QUARTERSON, Admini tratrix of the Estate of BETTY A. MESSI K, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA intiff v. KATHY E. WALBRIDGE, ndant CIVIL ACTION - LAW NO.: 2012-1620 COMPLAINT AND NOW, comes the laintiff, Sue A. Quarterson, Administratrix of the Estate of Betty A. Messick, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and complains against Defendant, Kathy E. W bridge, and avers as follows: 1. Plaintiff, Sue A. Quarterson, Administratrix of the Estate of Betty A. Messick, is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 333 Andersontown Road, Mechanic burg, Cumberland County, Pennsylvania 17055. 2. Plaintiff, Sue A. Puarterson, was duly appointed Administratrix of the Estate of Betty A. Messick, who died on Joly 18, 2011, for whose benefit she is bringing this action. 3. Plaintiff, Sue A. Ouarterson was appointed Administratrix of the Estate of Betty A. Messick by the Register of Wills of Cumberland County on May 2, 2011, Estate No. 21-11-0530. 4. Defendant, Kath E. Walbridge (hereinafter referred to as "Defendant'), is an adult individual and citizen of tho Commonwealth of Pennsylvania residing at 153 Bridge Street, Wellsboro, Tioga County, Pennsylvania 16901. 5. At all times material to this Complaint, Decedent, Betty A. Messick (hereinafter referred to as "Mrs. Messick"), was the owner of a 1992 Cadillac Sedan DeVille, Pennsylvania registration plate EWF0501. 6. At all times mate ial to this Complaint, Defendant was the owner of a 2006 Ford Escape, Pennsylvania registration plate HBN9470. 7. At approximately 3:24 P.M. on April 8, 2010, Mrs. Messick, was travelling North on Erford Road in East Pennsb ro Township, Cumberland County, Pennsylvania, intending to proceed straight. 8. At or about the same time, Defendant was operating her vehicle South on Erford Road in East Pennsboro Township, Cumberland County, Pennsylvania. 9. At all times relevant hereto, Defendant had a duty to operate her vehicle with due care and in compliance with the Pennsylvania Motor Vehicle Code. 10. At the time and lace of the subject accident, Defendant negligently turned left directly into the path of Mrs. Messick, leading to a violent collision between their vehicles. 11. As a result of he collision, Mrs. Messick sustained serious, painful, and permanent personal injuries more particularly described hereafter. 12. The collision wa caused by the negligence of the Defendant and was in no manner whatsoever due to any ct or failure to act on the part of Mrs. Messick. 13. The negligence o Defendant consisted of the following: (a) Failing to have her vehicle under proper and adequate control under the circumsta ices; (b) Driving in a negligent manner; (c) Failing to top; (d) Failing to maintain control of her vehicle upon the highway under the circumsta ices; (e) Failing to ?pply her brakes in time to avoid the collision; 2 (f) Failing to observe Mrs. Messick's vehicle on the highway; (g) Failing to'I operate her vehicle in accordance with the existing traffic conditions'I; (h) Failing to keep a reasonable look-out for other vehicles lawfully on the road; (i) Failing to observe oncoming traffic; (j) Proceedin g across the north side of Erford Road in East Pennsboro Township hen such movement could not be made safely; (k) Failing to ield the right-of-way to oncoming traffic; (1) Operating her vehicle in careless disregard for the life and property of others; (m) Permitting and/or allowing her vehicle to collide with the vehicle operated by Mrs. M essick; (n) Failing to rive at a speed and in a manner that would allow her to stop within the assured clear distance ahead; (o) Operating her vehicle so as to create a dangerous situation for other vehicles o the roadway; and (p) Failing to keep her vehicle within the proper lane. 14. As a direct and p roximate result of the collision, the Cadillac DeVille owned by Mrs. Messick was demolished. COUNTI 15. Plaintiff incorporates Paragraphs 1 through 14 as if fully set forth at length herein. 3 16. As a direct and proximate result of the collision, Mrs. Messick sustained injuries, including a fracture of her sternum and injuries to her muscles, tissues, and nerves, together with shock and injury to her nervous system. 17. As a direct and proximate result of the collision, Mrs. Messick underwent severe physical pain and suffering, mental anguish, humiliation, embarrassment, disfigurement, scarring, and a loss of well-be 18. As a direct and proximate result of the collision, Mrs. Messick was unable to attend to her usual daily activitie4 to her great detriment and loss. 19. As a direct and Oroximate result of the collision, Mrs. Messick was obligated to spend various sums of money hand incur expenses in an effort to cure herself of the injuries which she suffered to her great getriment and loss. WHEREFORE, Plaintiff, ( Sue A. Quarterson, Administratrix of the Estate of Betty A. Messick, requests this Honorably Court to enter a judgment in her favor and against Defendant, Kathy E. Walbridge, in a sum in excess of $50,000, together with interests, costs, and counsel fees. Date: May 3, 2012 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: tl_? tttra . Philli ley I.D. 307256 1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Plaintiff 4 VERIFICATION I, Sue A. Quarterson, hereby verify that I am the Plaintiff in the within action and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false I statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswdrn falsification to authorities. Sue A. Quarterson Date: Apr I A3 , 012 CERTIFICATE OF SERVICE AND NOW, this 3`d day Of May, 2012, the undersigned does hereby certify that she did this date serve a copy of the fo?egoing Complaint upon the counsel for Defendant by causing same to be deposited in the ?nited States Mail, 1st Class postage prepaid, at Lemoyne, Pennsylvania, addressed as foll Michael B. Scheib, Esquire Griffith Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 (Counsel for Defendant) JOHNSON, DUFFIE, STEWART & WEIDNER BY: Juli Phil ip , quire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix of the ESTATE OF BETTY MESSICK, Plaintiff No. 12-1620 CIVIL ACTION - LAW r-) JURY TRIAL DEMANDED v. KATHY E. WALBRIDGE, Defendant NOTICE TO PLEAD r?iIT TO: Sue A. Quarterson, Administratrix of the Estate of Betty A. Messick c/o Julia A. Phillips, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street, P.O. Box 109 Leymoyne, PA 17043-0109 You are hereby notified to file written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: '' 2012 T--T --'-, By: C A L B. S OIB, ES-QUII(E Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 mscheib@gslsc.com Attorneys for Defendant, Kathy Walbridge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix No. 12-1620 of the ESTATE OF BETTY MESSICK, Plaintiff V. CIVIL ACTION - LAW KATHY E. WALBRIDGE, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER COME NOW, the Defendant, Kathy E. Walbridge, by and through her attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and responds to the allegations in Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation set forth in paragraph 1 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation set forth in paragraph 2 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation set forth in paragraph 3 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 4. Admitted. 2 5. It is admitted that Ms. Messick was the operator of said. vehicle. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that on April 8 at approximately 3:24 p.m. Ms. Messick was travelling North on Erford Road in East Pennsboro Township, Cumberland County. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiff s Complaint. Admitted. 9. Denied. This paragraph states a legal conclusion to which no response is required. 10. Admitted in part and denied in part. It is admitted that the vehicles came into contact at the time and place aforestated. It is specifically denied that Defendant was negligent in any manner. Furthermore, the paragraph states a legal conclusion to which no response is required. Finally, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 10 of Plaintiff's Complaint and the same is denied and strick proof thereof is demanded. 11. Denied. After reasonable investigation Defendant is without knowledge of information sufficient to form a belief as to the truth or accuracy of the allegations contained in 3 paragraph II of Plaintiff s Complaint and said allegations are denied and strict proof thereof is demanded. 12. Denied. The allegations contained in paragraph 12 of Plaintiff s complaint are conclusion of law to which no response it required. Furthermore, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 12 of Plaintiff s Complaint and the same is denied and strict proof thereof is demanded. 13. Denied. The allegations contained in paragraph 13 of Plaintiff s Complaint are conclusions of law to which no response it required. 14. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation set contained in paragraph 14 of Plaintiff s Complaint and said allegations are denied and strict proof thereof is demanded. COUNT 1 Sue Ouarterson, Administratrix of the Estate of Betty A. Messick v. Kathy E. Walbridge 15. Paragraphs 1 through 15, inclusive, of Defendant's Answer to Plaintiff s Complaint are hereby incorporated by reference, as if fully set forth at length. 16. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation set contained in paragraph 16 of Plaintiff s complaint and said allegations are denied and strict proof thereof is demanded. 4 17. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation set contained in paragraph 17 of Plaintiff's Complaint and said allegations are denied and strict proof thereof is demanded. 18. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation set contained in paragraph 184 of Plaintiff's Complaint and said allegations are denied and strict proof thereof is demanded. 19. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation set contained in paragraph 19 of Plaintiff's Complaint and said allegations are denied and strict proof thereof is demanded. By way of further defense: NEW MATTER 20. Paragraph 1 through 20 of Defendant's Answer with New Matter are incorporated herein and as if fully set forth at length. 21. Plaintiff's injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 22. Plaintiff's injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 5 23. Plaintiff's injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 24. Plaintiff's injuries, if any, were caused by her own conduct. 25. Plaintiff's recovery may be barred or limited by the amount of uninsured or underinsured motorist's benefits, if any, to which Plaintiff may be entitled to recover. 26. Defendant is entitled to have the court mold any verdict in Plaintiff's favor to reflect the amount of uninsured or underinsured motorist's benefits, if any, which Plaintiff has received. 27. Plaintiff assumed the risk of any injuries, damages, or losses which she allegedly sustained or may sustain in the future as a result of the alleged accident. Plaintiff's cause of action is therefore barred or otherwise limited by the doctrine of assumption of the risk. WHEREFORE, the Defendant, Kathy E. Walbridge, respectfully request this Honorable Court to enter judgment in her favor, together with the costs of this lawsuit. Date: , 2012 BY: Attorney I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Attorney for Defendant, Kathy Walbridge 6 GRIFFITH, STRICKLER, LERMAN VERIFICATION I, Kathy E. Walbridge, hereby verify that the statements made in the foregoing Defendant's Answer with New Matter are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: 2012 L Kathy E. W bridge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix of the ESTATE OF BETTY MESSICK, Plaintiff V. KATHY E. WALBRIDGE, Defendant No. 12-1620 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this X30' day of 2012, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter to Plaintiff's Complaint, by First-Class Mail, postage prepaid, addressed as follows: Julia A. Phillips, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street, P.O. Box 109 Leymoyne, PA 17043-0109 B Attorney I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Attorney for Defendant, Kathy Walbridge GRIFFITH, STRICKLER, LERMAN enr vMnc R7 CAI WINO Ll ? cF L 11 -ouk`i i'FwISYL4', NIA Johnson, Duffle, Stewart & Weidner By: Julia A. Phillips, Esquire Attorney I. D. No. 307256 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jap@jdsw.com SUE A. QUARTERSON, Administratrix of the Estate of BETTY A. MESSICK, Plaintiff V. KATHY E. WALBRIDGE, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.: 2012-1620 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Sue A. Quarterson, Administratrix of the Estate of Betty A. Messick, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and replies to the New Matter of Defendant, Kathy E. Walbridge, as follows: 20. Plaintiff, Sue A. Quarterson, incorporates herein by reference her Complaint as if fully set forth at length. 21-27. Paragraphs 21 through 27 set forth conclusions of law to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied and strict proof thereof is demanded. WHEREFORE, Plaintiff, Sue A. Quarterson, Administratrix of the Estate of Betty A. Messick, respectfully requests that the New Matter of Defendant, Kathy Walbridge, be dismissed and that judgment be entered in favor of Plaintiff, Sue A. Quarterson, and against Defendant, Kathy Walbridge, in this case. Respectfully submitted, JOHNSON, DUFRE, STEWART & WEIDNER BY: Ju ia`A Phillip q, E uire Att y I . D. N&-397256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Plaintiff Date: June 25, 2012 2 CERTIFICATE OF SERVICE AND NOW, this 25th day of June, 2012, the undersigned does hereby certify that she did this date serve a copy of the foregoing Reply to New Matter upon the counsel for Defendant by causing same to be deposited in the United States Mail, 1St Class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 (Counsel for Defendant) JOHNSON, DUFFIE, STEWART & WEIDNER BY: J is Phillips, ire ?1- ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix of the ESTATE OF BETTY MESSICK, Plaintiff v. KATHY E. WALBRIDGE, Defendant No. 12-1620 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE rz c -c~ ~ ~ ~' -t?' ~-- ..... <~ ~~ ~a s~ ~~ 0 c~ c.3 c,~ .., ; ~; -,~. ;~~ _.~: ~ €..... n , --~4, ~; w.~., _. AND NOW, this ~~~'= day o ~ , 2012, I, Michael B. Scheib, Esquir , a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answers to Interrogatories of Plaintiff for Answer Defendant, by United States First-Class Mail, postage prepaid, addressed as follows: John R. Ninosky, Esquire Julia A. Phillips, Esquire Johnson Duffie P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiff) By: 5 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALIC~S MICHAEL B. SC1$, I/SQUI1~ Attorney LD. # PA. 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib~a gslsc.com Attorney for Defendant, Kathy Walbridge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. QUARTERSON, Administratrix of the ESTATE OF BETTY MESSICK, Plaintiff ~;-~ No. 12-1620 ~~ ~~ CIVIL ACTION -LAW ~ ~~ ~, JURY TRIAL DEMANDED ft ....~ a• c rv 0 --~ ~ -: , ~,-~ ._: v. KATHY E. WALBRIDGE, Defendant CERTIFICATE OF SERVICE AND NOW, this ~ day of 2012, I, Michael B. '~ Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby .z, c_ a rw Li"`a that I have this date served a copy of the Response to Plaintiff s Request for Production Documents to Defendant, by First-Class Mail, postage prepaid, addressed as follows: Julia A. Phillips, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Mazket Street, P.O. Box 109 Leymoyne, PA 17043-0109 BY: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINSn ,~ MICH~L B. SCHLIB,'ESQUIRE~ Attorney I.D. No. 63E~8 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Attorney for Defendant, Kathy Walbridge -,~: ~. _..: ;~ =; rT-, lt.t°, 2313 OCT 18 Pu 2: i 6 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart &Weidner Attorney for Plaintiff By: Julia A. Morrison, Esquire Attorney I.D. No. 307256 301 Market Street, P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jam @jdsw.com • SUE A. QUARTERSON, Administratrix • IN THE COURT OF COMMON PLEAS of the Estate of BETTY A. MESSICK, • CUMBERLAND COUNTY, • PENNSYLVANIA Plaintiff • CIVIL ACTION — LAW v. : NO.: 2012-1620 KATHY E. WALBRIDGE, Defendant • PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. JOHNSON, D FFIE, STEWART & WEIDNER BY: J : A. Morrison, Esquire Ate•rney I.D. No. 307256 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-Mail: jam @jdsw.com Date: October 17, 2013 Counsel for Plaintiff 574115 ' M CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Settle, Discontinue and End has been served upon all counsel of record, by depositing the same in the United States 1st Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 17, 2013: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 (Counsel for Defendant) JOHNSON, DUFFIE, STEWART & WEIDNER BY: J A. Morrison 574115