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HomeMy WebLinkAbout12-2381 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTESYLVAM (} ?? CIVIL DIVISION [[ JJ r,UMPERLAND COUNTY Plaintiff(s) & Address(es) N i' q- Y L VA N I A KATHY R. KLINE and GARY W. KLINE, herhusband 2 Glendale Drive Mechanicsburg, PA 17055 Case No. a ?g Civil Term VS. Defendant(s) & Address(es) ERIC A. GERTSEN 9226 Mt. Zion Road Glen Rock, PA 17327 Civil Action 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 Attorney/Sheriff. Pleas Circle choice Date : 4/12/2012 Signature of Attorney Print Name: Christopher J. Marzzacco, Esquire Address: 252 Boas Street Harrisburg, PA 17102 Telephone #: (717) 901-3500 Supreme Court ID Number: 78262 • • • • WRIT OF SUMMONS TO: ERIC A. GERTSEN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. JNW.L , I -e?-- Prothonotary/Clerk, Civil Division Date: b Deputy ---?ICo3 75pl a ar?dk ? Ck-µ atcaay tzq- a--) 39o8 g ,,i qPE ISYLVAI A '.t Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Eric A. Gertsen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs V. NO. 2012-2381 CIVIL TERM: ERIC A. GERTSEN, Defendant CIVIL ACTION PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marc A. Moyer, Esquire, Todd B. Narvol, Esquire, and Thomas, Thomas & Hafer, LLP, on behalf of Defendant, Eric A. Gertsen, in the above-captioned matter. Date: S /4 Respectfully submitted, THOMAS, T$AS & HLLP By: a c rNE uire, I.D. # 76434 odd B.uire, I.D. # 42136 305 No et, 6th Floor P.O. B Harrisburg, PA 17108 (717) 441-3960 CERTIFICATE OF SERVICE I, Harva Owings Baughman, Legal Assistant of the law firm of THOMAS, THOMAS, & HAFER, LLP, do certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance on the following person, by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J. Marzzacco, Esquire Anapol Schwartz 252 Boas Street Harrisburg, PA 17102 Attorney for Plaintiffs, Kathy R. Kline and Gary W. Kline Respectfully submitted, Date Harva Owings aughm , Legal Assistant to Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7053 1085553 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Kathy R. Kline vs. Eric A. Gertsen t "{:iil'iAlY 18 PM I: 12 PENNSYLVANIA Case Number 2012-2381 SHERIFF'S RETURN OF SERVICE 04/19/2012 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: Eric A. Gertsen, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 04/25/2012 11:49 AM - York County Return: And now April 25, 2012 at 1149 hours I, Richard P. Keuerleber, Sheriff o- York 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: Eric A. Gertsen by making known unto Vanessa Gertsen, Wife of Defendant at 9226 Mt. Zion Road, Glen Rock, Pennsylvania 17327 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.45 May 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Telecsoft. Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration KATHY R. KLINE (et al.) Case Number vs. ERIC A. GERTSEN 12-2381 CIVIL SHERIFF'S RETURN OF SERVICE 04/25/2012 11:49 AM -DEPUTY BRET NEWCOMER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE VANESSA GERTSEN, SPOUSE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR ERIC A. GERTSEN AT 9226 MT. ZION ROAD, GLEN ROCK, PA 17327. BRET NEWCOMER, DEPUTY SHERIFF COST: $33.55 May 04, 2012 SO SWERS, RICHARD P K ERLEBER, SHERIFF -- - - -------------------- --------- - -- ------- - - ----- -- -- - -- - ------ - - NOTARY COMMON SNE Affirmed and subscribed to before me this 4TH day of MAY 2012 (c) CountySuite Sheriff, Teleosof: Inc 2013 _ALTH laF FENNSYLVA t !LIS `NC R p MMISSION EXPIRES AUG. 12, r-' ¦ xW 0-11 AM 11: 33 rU11'SERLA'Q C(331 AMY PENXSY Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 IN THE COURT C OF CUMBERLAND CI (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Eric A. Gertsen IF COMMON PLEAS AUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs V. ERIC A. GERTSEN, Defendant NO. 2012-2381 CIVIL TERM CIVIL ACTION PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case withi twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant Pa.R.C.P. 1037(a). Respectfully submitted, THOMAS, THONG & HAFER, LLP Date: ) -I0-" z01 L By: Marc. NI er, Esquire, I.D. # 76434 Todd B rvol, Esquire, I.D. # 42136 305 No h Front Street, 6th Floor P.O. x 999 Hard urg, PA 17108 (717 441-3960 1085561 CERTIFICATE OF SERVICE I, Harva Owings Baughman, a legal assistant with the law firm of Thoma Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of foregoing Praecipe For Rule To File A Complaint upon the person and at the add listed below by placing a copy of same in the United States 1St Class Mail, prepaid, to the following: Christopher J. Marzzacco, Esquire Anapol Schwartz 252 Boas Street Harrisburg, PA 17102 Attorney for Plaintiffs, Kathy R. Kline and Gary W. Kline Respectfully submitted, Date: 1 M rz- a By: 4?4W, Harva Owings B ughman, gal Assistant to Marc A. Moyer, Esquire P.O. Box 999 Harrisburg, PA 17108 Phone: (717) 441-7053 Fax: (717) 237-7105 1085561 ? .fie P? Ly 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs v. ERIC A. GERTSEN, Defendant NO. 2012-2381 CIVIL TERM CIVIL ACTION RULE TO FILE A COMPLAINT TO: Plaintiffs and Counsel: You are hereby ruled to file a Complaint against Defendant within twenty (2Q) days of service of this Rule or a judgment of non pros will be entered against Plaintiffs pursuant to Pa.R.C.P. 1037(a). DATA : 7/1001 Distribution: By: ):?AALt Prothonotary Christopher J. Marzzacco, Esquire, Anapol Schwartz, 252 Boas Street, Harrisburg, P 17102; Attorney for Plaintiffs, Kathy R. Kline and Gary W. Kline Marc A. Moyer, Esquire, Todd B. Narvol, Esquire, Thomas, Thomas & Hafer, LLP, North Front Street, 6th Floor, P.O. Box 999, Harrisburg, PA 17108! Attorney Defendant, Eric A. Gertsen 1085561 ANAPOL SCHWARTZ BY: Christopher J. Marzzacco, Esquire Supreme Court ID #78262 252 Boas Street Harrisburg, PA 17102 (717) 901-3500 cmarzzaccoAanapo lschwartz. com Attorneys for Plaintiff 11, L 4 Pt?OTHDN OTAI?y 20112 AUG - + AN 11: 413 %L1MBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs V. ERIC A. GERTSEN Defendant NO. 12-2381 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come Plaintiffs, Kathy R. Kline and Gary W. Kline, her husband, by and through their attorneys, Christopher J. Marzzacco, Esquire, and Anapol Schwartz, and hereby aver the following in their complaint against the above-captioned Defendant: 1. Plaintiffs, Kathy R. Kline and Gary W. Kline, her husband, are adult currently residing at 2 Glendale Drive, Mechanicsburg, PA 17055. 2. Defendant, Eric A. Gertsen, is an adult individual believed to currently reside at 9226 Mt. Zion Road, Glen Rock, PA 17327. 3. The facts that give rise to the cause of action occurred on or about June 11, 201 at approximately 4:20 pm. 4. On the date in question, a motor vehicle collision occurred between the parties State Highway 581, westbound, in Camp Hill Borough, Cumberland County, Pennsylvania. 5. Prior to the collision, Plaintiff Kathy R. Kline was operating her vehicle in the driving lane of westbound State Highway 581 and had come to a stop behind a line of cars heavy traffic. 6. At the time of the collision, Defendant Eric A. Gertsen was also operating his vehicle in the driving lane of westbound State Highway 581. 7. At the aforementioned place and time, Defendant Eric A. Gertsen, failed to for the existing traffic in his lane and violently struck the rear of Plaintiff's vehicle causing vehicle to be pushed into the vehicle in front of hers 8. The subject accident was in no way caused or contributed to by the Plaintiffs was solely caused by the Defendant for the reasons set forth below. COUNTI Kathy R. Mine v. Eric A. Gertsen NEGLIGENCE 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference if fully set forth of length herein. 10. The negligence, carelessness, and recklessness of the Defendant Eric A. consisted of the following: a. He operated his vehicle at an excessive rate of speed under the circumstances; b. He failed to keep reasonable lookout for hazards and other vehicles on the roadway; He failed to use and/or apply the braking mechanism, or take any other to steps to avoid a collision with the vehicle operated by Plaintiff; d. He failed to have his vehicle under proper and adequate control under the circumstances; e. He failed to observe the vehicle in front of him until he was so close that he not stop; f. He failed to operate his vehicle in a reasonable manner under the ci according to conditions of the roadway and then-existing traffic conditions; g. He operated his vehicle at such a speed and in such a manner so as to create a dangerous situation for other motorists on the roadway; and h. He failed to drive at such a speed and in such a manner so as to be able to stop vehicle within the assured clear distance ahead which is a violation of Pa.C.S. § 3361 which constitute negligence per se. 11. As a direct and proximate result of the accident and Defendant Gertsen's negligence, Plaintiff Kathy R. Kline sustained severe and disabling injuries to her head, neck, lower back, left knee, left hip, left shoulder, jaw and teeth including, but not limited to: a headaches, left TMJ injury, damage to two teeth, displaced cervical disc with myelopathy, lumbar radiculopathy, left chondromalacia patella, left hip/groin pain, severe narrowing at L3 C5-6 radiculopathy and left shoulder strain. It is believed and therefore averred that Plaintiff Kathy R. Kline's injuries are permanent in nature. 12. As a direct and proximate result of the accident and Defendant Gertsen's negligence, Plaintiff Kathy R. Kline has undergone in the past, and in the future will continue undergo, great pain, suffering and disfigurement. 13. As a direct and proximate result of the injuries sustained in the accident and Defendant Gertsen's negligence, Plaintiff Kathy R. Kline has been obliged to expend various sums of money and incur various expenses for injuries she has suffered and may continue to incur the same in the future. 14. As a direct and proximate result of the injuries sustained in the accident and Defendant Gertsen's negligence, Plaintiff Kathy R. Kline has suffered a permanent her ability to enjoy life and life's pleasures and losses of past and future wages. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess the amount requiring compulsory arbitration. COUNT II Gary W. Kline v. Eric A. Gertsen LOSS OF CONSORTIUM 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference if fully set forth of length herein. 16. As a further result of the aforesaid accident and his wife's injuries, husband- Plaintiff, Gary W. Kline, suffered a loss of the society, comfort, companionship and of his wife, Kathy R. Kline, and will continue to suffer the same for an indefinite time in the future, to his great detriment and loss. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess the amount requiring compulsory arbitration. Date: 7-30'(L ANAPOL SCHWARTZ Respectfully submitted, ANAPOL SCHWARTZ Christopher J. Marzzacco, Esquire Supreme Court ID #78262 Attorneys for Plaintiffs of BY: Christopher J. Marzzacco, Esquire Supreme Court ID 978262 252 Boas Street Harrisburg, PA 17102 (717) 901-3500 cmarzzacco(a)anapo lschwartz. com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs NO. 12-2381 V. ERIC A. GERTSEN CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 3 d r^-? day l/? , 2012, a copy of the foregoing document was served upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsy Rules of Civil Procedure, by first-class US mail delivery, to: Marc A. Moyer, Esquire THOMAS, THOMAS & HAFER, LLP P. O. Box 999 Harrisburg, PA 17108 of s) Date: Christopher J. fa o, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs v. ERIC A. GERTSEN, Defendant 20tZ AUG t 7 P t ~ 55 ~'UM~ERLA~~ BUNTY rs~c~-~~l~Yt_11 NtA N0.2012-2381 CIVIL TERM CIVIL ACTION It is hereby stipulated by the undersigned counsel of record that Plai allegations of recklessness shall be stricken from Paragraph 10 of Plaintiff' Complai as they pertain to Defendant, Eric A. Gertsen. ANAPOL SCHWARTZ Christop er J. arzzacco, Esquire Attorney I.D. #78262 252 Boas Street Harrisburg, PA 17102 (717) 901-3500 THOMAS~THOMAS ~ HAF~R, LLP Todd'B. arvol, Esquire, Attome I.D. #42136 Marc Moyer, Esquire Atto y I . D. #76434 P.O. ox 999 Har sburg, PA 17108-0999 (71 ) 237-7132 Attorneys for Plaintiffs, Kathy R. Kline and Gary W. Kline Attorneys for Defendant, Eric A. Gertsen _~ 1125985.1 r a, Cr HE O HOMO '012 AUG 22 P I 4 G Thomas, Thomas & Hafer, I.Eelklj E ( AND UN-,-" Todd B. I.D. No. Esquire r>ENNSYLVAN A (71 tnarvol@fthlaw.com Ld No. 42136 @tthlaw.com Marc A. Moyer, Esquire (717) 441-3960 - direct Attorney Lb. No. 76434 mmoyer@tthlaw.com 305 N. Front Street (717) 237-7105 - fax P.O. Box 909 Attomeys for Defendant Harrisburg,' PA 17108-0999 Eric A. Gertsen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs V. ERIC A.'GERTSEN, Defendant CIVIL ACTION NOTICE TO PLEAD TO: Plaintiffs, Kathy R. Kline and Gary W. Kline Christopher J. Marzzacco, Esquire Ahapol Schwartz 252 Boas Street Harrisburg, PA 17102 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a judgment of non pros may be entered against you. Respectfully submitted, Date: A f &2, By: THOMAS„ YOMAS & HAFER, LLP NO. 2012-2381 CIVIL TERM Near A. Moyer, Esquire, I.D. # 76434 To B Narvol, Esquire, I.D. # 42136 Front Street, 6th Floor 3 North r1. Box 999 risburg, PA 17108 7) ) 441-3960 1125509.1 1 Thomas, Thomas & Hafer, LLP Todd B. Na ol, Esquire Attorney I.DNo. 42136 Marc A. Moi er, Esquire Attorney 1.0. No. 76434 305 N. Front Street P.O. Box 9?9 Harrisburg,,PA 17108-0999 IN THE COURT C OF CUMBERLAND CI (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Eric A. Gertsen IF COMMON PLEAS )LINTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, her husband, Plaintiffs V. ERIC A.'IGERTSEN, Defendant NO. 2012-2381 CIVIL TERM CIVIL ACTION ANSWER OF DEFENDANT ERIC A. GERTSEN TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER AND NOW comes Defendant, Eric A. Gertsen, by and through his attorneys, Thomas, Thomas & Hafer, LLP, and respectfully submits his Answer to Plaintiffs' Complaint Together with New Matter, and in support thereof, avers as follows: 1. After reasonable investigation, Defendant Eric A. Gertsen, lacks sufficient knowledge or information to form a belief as to the truth of the averment set forth i6 Paragraph 1 of Plaintiffs' Complaint. The averment is, therefore, denied and proof thereof is demanded at time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 1125509.1 1 5. Denied as stated. After reasonable investigation, Defendant, Eric A. Gertsen, lacks sufficient knowledge or information to form a belief as to whether Plaintiff, Kathy R. Kline, came to a complete stop behind a line of cars or the purpose for stopping and/or slowing her vehicle. The averments are, therefore, denied and proof thereof is demanded at time of trial. 6. Denied as stated. It is admitted that at the time of the collision, Defendant, Eric A Gertsen, was operating his vehicle behind Plaintiff, Kathy R. Kline, in the west bound lane of State Highway 581. 7. Denied as stated. It is admitted that a collision occurred between the parties on State Highway 581, west bound, in Camp Hill Borough, Cumberland County, Pennsylvania, and that the vehicle of Defendant, Eric A. Gertsen, had collided with the rear of the vehicle being operated by Plaintiff, Kathy R. Kline, at the time of the accident. 8. Denied. After reasonable investigation, Defendant, Eric A. Gertsen, lacks sufficient knowledge or information to form a belief as to Plaintiff, Kathy R. Kline's actions or inaction immediately prior to the accident so as to properly respond. The averments are, therefore, denied and proof thereof is demanded at time of trial. 1125509.1 2 COUNTI Kathy R. Kline v. Eric A. Gertsen NEGLIGENCE 9. Defendant, Eric A. Gertsen, hereby incorporates his Answers to Paragraphs 1 through 8 of Plaintiffs' Complaint by reference as if fully set forth at length herein. 10. The averments set forth in Paragraph 10 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied that Defendant, Eric A. Gertsen, was negligent or careless towards Plaintiffs in any manner. By way of further Answer, the averments set forth in Paragraph 10(a)-(10)(h) of Plaintiffs' Complaint are denied pursuant to Pa.R.Civ.P. 1029(e). 11. The averments set forth in Paragraph 11 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, and after reasonable investigation, Defendant, Eric A. Gertsen, lacks sufficient knowledge or information to form a belief as to the specific injuries allegedly experienced by the Plaintiff, Kathy R. Kline, as a result of the accident. The averments set forth in Paragraph 11 of Plaintiffs' Complaint are, therefore, denied and proof thereof is demanded at time of trial. 12. The averments set forth in Paragraph 12 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied that Defendant, Eric A. Gertsen, 1125509.1 3 negligently caused or contributed to Plaintiff, Kathy R. Kline, undergoing great pain, suffering, and/or disfigurement in the past, or into the future. 13. The averments set forth in Paragraph 13 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied that Defendant, Eric A. Gertsen, negligently caused or contributed to Plaintiff, Kathy R. Kline, being obliged to expend various sums of money or to incur various expenses for injuries she alllegedly suffered in the past, or allegedly may continue to incur in the future. 14. The averments set forth in Paragraph 14 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied that Defendant, Eric A. Gertsen, negligently caused or contributed to Plaintiff, Kathy R. Kline, suffering a permanent diminution of her ability to enjoy life and life's pleasures or lost of past and future wages. WHEREFORE, Defendant, Eric A. Gertsen, demands judgment in his favor and against Plaintiffs together with such other relief as this Honorable Court may deem just and equitable. 1125509.1 4 COUNT II Gary W. Kline v. Eric A. Gertsen LOSS OF CONSORTIUM 15. Defendant, Eric A. Gertsen, hereby incorporates his Answers to Paragraphs 1 through 14 of Plaintiffs' Complaint by reference as if fully set forth at length herein. 16. The averments set forth in Paragraph 16 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied that Defendant, Eric A. Gertsen, negligently or carelessly caused or contributed to Plaintiff, Gary W. Kline, suffering the loss of society, comfort, companionship, or consortium of his wife, Kathy R. Kline. WHEREFORE, Defendant, Eric A. Gertsen, demands judgment in his favor and against (Plaintiffs together with such other relief as this Honorable Court may deem just and equitable. NEW MATTER 17. Defendant, Eric A. Gertsen, hereby incorporates his Answers to Paragraphs 1 through 16 of Plaintiffs' Complaint by reference as if fully set forth at length herein. 18. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted under Pennsylvania law. 1125509.1 5 19. Discovery may show that each of Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 20. Discovery may show that each of Plaintiffs' claims are barred by the assumption of risk. 21. Discovery may show that the contributory negligence of each of the Plaintiffs was the sole and proximate cause of each Plaintiffs' injuries. 22. Each of Plaintiffs' causes of action, the existence of which is DENIED, is barred by the applicable statutes of limitations under Pennsylvania law. 23. Discovery may show that Plaintiffs' claims are barred by the Doctrines of Estoppel, Waiver and/or Laches. 24. Discovery may show that the claimed injuries and/or damages of each of the Plaintiffs, the existence of which are DENIED, was caused in whole or in part by acts or omissions of another or others for whom Defendant, Eric A. Gertsen, was not responsible and whose conduct Defendant, Eric A. Gertsen, had no reason to anticipate. 25. Defendant, Eric A. Gertsen, is not responsible for the actions of any other parties whose conduct may have caused or contributed to the injuries complained of in Plaintiffs' Complaint. 26. Discovery may show that the alleged actions and omissions of Defendant, Eric A. Gertsen, were not a substantial factor, or were an insignificant factor, or were not a''Ilegal factor in causing or contributing to each of Plaintiffs' alleged injuries and damages, if any. 1125509.1 6 27. Discovery may show that Plaintiffs' alleged injuries and damages, if any, were not caused or aggravated by the acts or omissions of Defendant, Eric A. Gertsen, but, rather, were pre-existing, or caused by something other than the collision on or about June 11, 2010. 28. As discovery may show, Plaintiffs' recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, UM/UIM set-off, settlement, accord and satisfaction, arbitration and award, collateral estoppel and/or eouitable estoppel. 29. Discovery may show recovery for Plaintiffs' alleged injuries and damages, if any, are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa. C.S. § 1701, et seq., including, but not limited to, the sections relating to the limited tort provision, the provision that bars recovery of medical expenses and wage loss benefits paid or payable by insurance, and/or the provisions that reduce the recoverable amount of damages. 30. Discovery may show that Plaintiffs, if any of them suffered any injuries at all, did not suffer any permanent loss of a bodily function, permanent disfigurement, or permanent dismemberment. 31. Discovery may show that Plaintiff, Kathy R. Kline, was negligent, careless and reckless by operating her motor vehicle in careless disregard for the safety of persons and/or property. 1125509.1 7 32. Discovery may show that Plaintiff, Kathy R. Kline, was negligent and careless by failing to alert Defendant, Eric A. Gertsen, of her impending deceleration or stopping. 33. Discovery may show that Plaintiff, Kathy R. Kline, was negligent and careless by not having regard for the actual and potential hazards then existing. 34. Discovery may show that Plaintiff, Kathy R. Kline, was negligent and careless by faiiling to observe other vehicles on the roadway. 35. Discovery may show that Plaintiff, Kathy R. Kline, was negligent and careless by failing to operate her vehicle in accordance with existing traffic conditions. 36. Discovery may show that Plaintiff, Kathy R. Kline, was negligent and careless by failing to drive at a speed and in the manner that would have enabled Defendant, Eric A. Gertsen, to stop within the assured clear distance ahead. 37. Discovery may show that Plaintiff, Kathy R. Kline, was negligent and careless by failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways. 38. Discovery may show that Plaintiff, Kathy R. Kline, was negligent and careless by failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm. 39. Defendant, Eric A. Gertsen, asserts that this action may be barred by the Doctrines of res judicata and/or collateral estoppel, which are asserted herein. 1125509.1 8 40. Discovery may show that the negligent acts or omissions of others may have constituted intervening, superseding causes of damages and/or injuries alleged to have been sustained by the Plaintiffs. WHEREFORE, Defendant, Eric A. Gertsen, demands judgment in his favor and against Plaintiffs together with such other relief as this Honorable Court may deem just and equitable. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ir/ f)'a L By: Marti . Moyer, Esquire, 1. D. # 76434 To B Narvol, Esquire, I.D. # 42136 30 North Front Street, 6th Floor P.O. Box 999 arrisburg, PA 17108 (717) 441-3960 1125509.1 9 VERIFICATION I, Eric A. Gertsen, state that I am a Defendant in the foregoing action, and that have read the foregoing Answer of Defendant, Eric A. Gertsen, to Plaintiffs' Complaint Together with New Matter drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content' of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Eric A. Gertsen Date. CERTIFICATE OF SERVICE I, Harva Owings Baughman, a legal assistant with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Answer of Defendant Eric A. Gertsen to Plaintiffs' Complaint Together With New Matter upon the person and at the address listed below by placing a copy of same in the United States 1 st Class Mail, postage prepaid, to the following: Christopher J. Marzzacco, Esquire Anapol Schwartz 252 Boas Street Harrisburg, PA 17102 Attorney for Plaintiffs, Kathy R. Kline and Gary W. Kline Respectfully submitted, Date: BY: (W0,M&4,V 1o' Ha &a Owings B ghman, gal Assistant to Marc A. Moyer, Esquire P.O. Box 999 Harrisburg, PA 17108 Phone: (717) 441-7053 Fax: (717) 237-7105 2.11I3 JUL 29 F'::I I: .`_fi°luls.aRL ;NU CCU,: , PEILINSYLVAMA ANAPOL SCHWARTZ BY: Christopher J.Marzzacco,Esquire Supreme Court ID#78262 252 Boas Street Harrisburg,PA 17102 (717)901-3500 cmarzzacco( anapolschwartz.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHY R. KLINE and GARY W. KLINE, : her husband, Plaintiffs • NO. 12-2381 v. ERIC A. GERTSEN • CIVIL ACTION - LAW Defendant • JURY TRIAL DEMANDED PRAECIPE TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this action as settled, discontinued and ended. Respectfully submitted, Date: t i - (�, By: k---------- istopher J. Marzzacco, Esquire