HomeMy WebLinkAbout12-3458CLEARFIELD, KOFSKY & PENNEYS
By: Scott. E. Diamond, Esquire
Identification No. 44449
Suburban Station Building - Suite 355
1617 JFK Boulevard
Philadelphia, PA 19103
(215) 563-6333
THERESA CAVE
27 Anthony Drive
Marysville, PA 17053
V.
JULIA KANE
164 Minton Way
Northumberland PA 17857,,
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Attorney for Plaintiff
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. lob .3q-% OCOMPLAINT IN CIVIL ACTION
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 an attorney and filing in writing with the Court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717)-249-3166
O
103.15 Pp A7rY
C1t I b(o 100
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GENERAL AVERMENTS
1. Plaintiff, Theresa Cave, is an adult individual who reside at the above-captioned
address.
2. Defendant, Julia Kane, is an adult individual who resides at the above-captioned
address.
3. At all times material hereto, Defendant, Julia Kane, did own, operate, manage and/or
control her 1998 Ford, Pennsylvania Tag No.: ERZ-1369, which was involved in this accident.
4. On or about June 17, 2010, at the intersection of Rt. 11 / 15 at Valley Road, Enola,
Pennsylvania, Defendant, Julia Kane, so carelessly and negligently operated the aforementioned
vehicle so as to cause it to collide with the vehicle being operated by Plaintiff, Theresa Cave, causing
her to sustain the injuries and other losses hereinafter more fully set forth.
5. The negligence and carelessness of the Defendant, acting as aforesaid, consisted of
the following:
(a) operating the aforementioned vehicle at an excessive rate of speed;
(b) failing to have proper and adequate control of the aforementioned vehicle so
as to avoid accidents;
(c) failing to warn of the approach of the aforementioned vehicle with due
regard for the rights and safety of the Plaintiff;
(d) failing to keep a proper lookout;
(e) failing to yield;
(f) failing to use due care under the circumstances;
(g) violating the pertinent provisions of the Pennsylvania Motor Vehicle Code;
-2-
(h) failing to stop;
(i) negligence per se; and
(j) in being otherwise careless, reckless and negligent, the particulars of which
are presently unknown to Plaintiff but which may be learned by discovery
procedures provided by the Pennsylvania Rules of Civil Procedure or which
may be learned at the trial of this case.
6. The aforesaid accident was due solely to the negligence and carelessness of the
Defendant, acting as aforesaid, and was due in no manner whatsoever by any act or failure to act on
the part of the Plaintiff.
COUNTI
PLAINTIFF, THERESA CAVE v DEFENDANT, JULIA KANE
THIRD PARTY LIABILITY
7. Plaintiff, Theresa Cave, incorporates by reference hereto, all of the allegations
contained in the General Averments, as if they were set forth at length herein.
8. As a result of this accident, Plaintiff, Theresa Cave, has suffered injuries which are or
may be serious and permanent in nature, including but not limited to: injury to right shoulder
necessitating surgical procedure causing permanent scarring and skin discoloration, cervical, lumbar
and thoracic sprain and strain, as well as other injuries as may be diagnosed by Plaintiffs health care
providers, all of which injuries have in the past, and may in the future, cause Plaintiff great pain and
suffering.
9. As a further result of this accident, Plaintiff, Theresa Cave, has been or will be
required to receive and undergo medical attention and care and to expend various sums of money
and to incur various expenses, and may be required to continue to expend such sums or incur such
expenditures for an indefinite time in the future.
-3-
10. As a further result of this accident, Plaintiff, Theresa Cave, has or may hereafter
suffer a severe loss of earnings and impairment of earning power and capacity.
11. As a further result of this accident, Plaintiff, Theresa Cave, has suffered medically
determinable physical and/or mental impairment, which prevents the plaintiff from performing all
or substantially all of the material acts and duties that constituted the plaintiffs usual and customary
activities prior to the accident.
12. As a direct and reasonable result of the accident aforementioned, Plaintiff, Theresa
Cave, has incurred or may hereafter incur, other financial expenses, including but not limited to
property damage and/or rental reimbursement, which exceed or may exceed the amount which
plaintiff may otherwise be entitled to recover.
13. As a further result of the accident aforementioned, Plaintiff, Theresa Cave, has
suffered severe physical pain, mental anguish and humiliation, and may continue to suffer same for
an indefinite time in the future.
WHEREFORE, Plaintiff, Theresa Cave,
damages, in an amount in excess of the arbitration
BY:
Scott E.
Attorney
an s jud ent against the
plus inter st and costs.
KOFS & PENN OS
intiff. Thefesa Cave
-4-
I •r4
.
0
•
VERIFICATION
1, (2 SO, aUc hereby verify that I am the
l V1 in the attached _ V ??I? l (? , and
that the facts set forth herein are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject
to the penalties of the 18 PA C.S. §4904, relating to unsworn falsification to
authorities.
NAME ??-4-?-- G?-?---
ADDRESS
DATE
CLEARFIELD, KOFSKY & PENNEYS
BY: Scott E. Diamond, Esquire
Identification Number: 44449
1617 John F. Kennedy Boulevard, Suite 355
Philadelphia, PA 19103
215-563-6333
THERESA CAVE
V.
JULIA KANE
Attorney for Plaintiff
COURT OF COMMON PLEAS-,3
CUMBERLAND COUNTY °",
NO: 12-3458
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PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
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Kindly reinstate the Civil Action Complaint for an additional thirty (30) days in
the above-captioned matter.
BY4
SCOTT:
Attorney
Cave
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Supreme Court of Pennsylvania
Court of Commo>a ;Pleas
Civil Cover Sheet
Cumberland' County
For Prothonotary Use Only.
Docket No:
The information collected on this form is used solely for court administration purposes. This form does of
.cunnlement or replace the filin-e and service of pleadings or other papers as required by law or rules of tour .
S;
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Ill
--T? ---- - - - -
Commencement of Action:
0 Complaint El Writ of Summons
Petition
0 Transfer from Another Jurisdiction Declaration of Taking
Lead Plaintiff's Name: Lead Defendant's Name:
Theresa Cave Julia Kne
Are money damages requested? El Yes
El No Dollar Amount Requested: within arbitrate
(check one) ®x outside arbitrate limits
n limits
Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? 0 Yes E l No
Name of Plaintiff/Appellant's Attorney: Scott E. Diamond, Esquire
El Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant)
s
'E
C'-
T
O
N
B';'
Nature of the Case: Place an "X" to the left of the ONE case category, that most;accizrately describes you
PRIMARY CASE If you are makirig more. than one type of.'clatm,check flee one .tha
you considef most important
TORT (do not include Mass Tort)
Intentional
Malicious Prosecution
Motor Vehicle
Nuisance
Premises Liability
Product Liability (does not include
mass tort)
Slander/Libel/ Defamation
Other:
CONTRACT (do not include Judgments)
Buyer Plaintiff
0 Debt Collection: Credit Card
Debt Collection: Other
Employment Dispute:
Discrimination
Employment Dispute: Other
Other:
REAL PROPERTY
0 Ejectment
Eminent Domain/Condemnation
Ground Rent
Landlord/Tenant Dispute
Mortgage Foreclosure: Residential
Mortgage Foreclosure: Commercial
Partition
Quiet Title
1] Other:
CML APPEALS
Administrative Agencies
Board of Assessment
Board of Elections
Dept. of Transportation
0 Statutory Appeal: Other
El Zoning Board
El Other:
MISCELLANEOUS
Common Law/Statutory
0 Declaratory Judgment
Mandamus
Non-Domestic Relation:
Restraining Order
®
Quo Warranto
El Replevin
El Other:
1/112011
1
NOTICE
i
Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part:
I
Rule 205.5. Cover Sheet
(a)(1) This rule shall apply to all actions governed by the rules of civil procedure except
the following:
(i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq.
(ii) actions for support, Rules 1910.1 et seq
(iii) actions for custody, partial custody and visitation of minor children, Rules
1915.1 et seq..
(iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq.
(v) actions in domestic relations generally, including paternity actions, Rules
1930.1 et seq.
(vi) voluntary mediation in custody actions, Rules 1940.1 et seq.
(2) At the commencement of any action, the party initiating the action shall
the cover sheet set forth in subdivision (e) and file it with the prothonotary.
(b) The prothonotary shall not accept a filing commencing an action without a
completed cover sheet.
(c) The prothonotary shall assist a party appearing pro se in the completion of the
(d) A judicial district which has implemented an electronic filing system pursuant
Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from
provisions of this rule.
(e) The Court Administrator of Pennsylvania, in conjunction with the Civil
Rules Committee, shall design and publish the cover sheet. The latest version of the form shall
published on the website of the Administrative Office of Pennsylvania Courts at
CLEARFIELD, KOFSKY & PENNEYS
_B-y_: _-Scott. E. Diaxnond,_Esquire __..-- _ _ --- - --
Identification No. 44449
Suburban Station Building - Suite 355
1617 JFK Boulevard
Philadelphia, PA 19103
(215) 563-6333
Pik
•'T
-t7 t'rl
Attorney_for_Plaintiff n_r
77
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"T^
THERESA CAVE
27 Anthony Drive
Marysville, PA 17053
P.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
6-';j
NO. is - .3?ts s JULIA KANE
164 Minton Way
Northumberland PA 17857'
COMPLAINT IN CIVIL ACTION
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) da
this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objet
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by th
without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff You may lose money or property i
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717)-249-3166
t after
ons to
Court
other
GENERAL AVERMENTS
1. Plaintiff, Theresa Cave, is an adult individual who reside at the above-captioned
address.
2. Defendant, Julia Kane, is an adult individual who resides at the
address.
3. At all times material hereto, Defendant, Julia Kane, did own, operate, manage and or
control her 1998 Ford, Pennsylvania Tag No.: ERZ-1369, which was involved in this accident.
4. On or about June 17, 2010, at the intersection of Rt. 11/15 at Valley Road, En la,
Pennsylvania, Defendant, Julia Kane, so carelessly and negligently operated the aforementioned
vehicle so as to cause it to collide with the vehicle being operated by Plaintiff, Theresa Cave,
her to sustain the injuries and other losses hereinafter more fully set forth.
5. The negligence and carelessness of the Defendant, acting as aforesaid, consisted of
the following:
(a) operating the aforementioned vehicle at an excessive rate of speed;
(b) failing to have proper and adequate control of the aforementioned vehicle so
as to avoid accidents;
(c) failing to warn of the approach of the aforementioned vehicle with
regard for the rights and safety of the Plaintiff;
(d) failing to keep a proper lookout;
(e) failing to yield;
(f) failing to use due care under the circumstances;
(g) violating the pertinent provisions of the Pennsylvania Motor Vehicle Coi
-2-
1
(h) failing to stop;
(i) negligence per se; and
___ ___ O)------.in_being-otherwise-careless,-reckless--and-negligent,--the--particulars--of--whi?h- ___
are presently unknown to Plaintiff but which may be learned by
procedures provided by the Pennsylvania Rules of Civil Procedure or
may be learned at the trial of this case.
6. The aforesaid accident was due solely to the negligence and carelessness of
Defendant, acting as aforesaid, and was due in no manner whatsoever by any act or failure to act
the part of the Plaintiff
COUNT I
PLAINTIFF, THERESA CAVE v. DEFENDANT. JULIA KANE
THIRD PARTY LIABILITY
7. Plaintiff, Theresa Cave, incorporates by reference hereto, all of the
contained in the General Averments, as if they were set forth at length herein.
8. As a result of this accident, Plaintiff, Theresa Cave, has suffered injuries which are
may be serious and permanent in nature, including but not limited to: injury to right shot
necessitating surgical procedure causing permanent scarring and skin discoloration, cervical, lur
and thoracic sprain and strain, as well as other injuries as may be diagnosed by Plaintiffs health
providers, all of which injuries have in the past, and may in the future, cause Plaintiff great pain
suffering.
9. As a further result of this accident, Plaintiff, Theresa Cave, has been or will be
required to receive and undergo medical attention and care and to expend various suns of money
and to incur various expenses, and may be required to continue to expend such sums or incur
expenditures for an indefinite time in the future.
-3-
10. As a further result of this accident, Plaintiff, Theresa Cave, has or may hereafter
suffer a severe loss of earnings and impairment of earning power and capacity.
- - ---11. ---As-a -further-re-sult-of -this-ac-ciden -, -P-lainti€f-T-heresa--Caves has-suffered-medic y
determinable physical and/or mental impairment, which prevents the plaintiff from performing all
or substantially all of the material acts and duties that constituted the plaintiffs usual and custom try
activities prior to the accident.
12. As a direct and reasonable result of the accident aforementioned, Plaintiff, Ther sa
Cave, has incurred or may hereafter incur, other financial expenses, including but not limited to
property damage and/or rental reimbursement, which exceed or may exceed the amount which
plaintiff may otherwise be entitled to recover.
13. As a further result of the accident aforementioned, Plaintiff, Theresa Cave, as
suffered severe physical pain, mental anguish and humiliation, and may continue to suffer same of
an indefinite time in the future.
WHEREFORE, Plaintiff, Theresa Cave, densjud ent against thedefendan for
damages, in an amount in excess of the arbitration limits t and costs.
BY:
Scott E. iamond, I?kquire/
Attorney or Plainti , Th esa Cave
-4-
VERIFICATION
I, i i`lL' (2..SCL V? hereby verify that I am the
I VI in the attached and
that the facts set forth herein are true and correct to the best of my knowledge,
information and belief. 1 understand that false statements made herein are subject
to the penalties of the 18 PA C.S. §4904, relating to unsworn falsification to
authorities.
NAME
ADDRESS
DATE
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
ILED-OFFIGE
1 KE PR 0 TH0,N0 lAk"-k;
1912 JUL -9 AM 8? 45
f;UMBERLAND CO'J TY
PP4NSYLVAN)
VtN' ui itiiu,Gt'11
.. rr}
Theresa Cave Case Number
vs. 2012-3458
Julia Kane
SHERIFF'S RETURN OF SERVICE
06/04/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sean
and inquiry for the within named defendant, to wit: Julia Kane, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Northumberland County, Pennsylvania to serve the witl
Complaint and Notice according to law.
06/29/2012 01:25 PM - Northumberland County Return: And now June 29, 2012 at 1325 hours I, Chad A. Reiner,
Sheriff of Northumberland County, Pennsylvania, do hereby certify and return that I served a true copy
the within Complaint and Notice, upon the within named defendant, to wit: Julia Kane by making know
unto herself personally, at 164 Minton Way, Northumberland, Pennsylvania 17857 its contents and at t
same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
July 05, 2012
SO ANSWERS,
1?z ?'
R ANDERSON, SHERIFF
SHERIFF'S OFFICE OF NORTHUMBERLAND COUNTY
Chad A Reiner Tony Matulexricz, Esq
;Solicitor
Sheriff " ^Randy Coe Chief Deputy
THERESA CAVE Case Number
vs. 12 CV 3458
JULIA KANE
SHERIFF'S RETURN OF SERVICE
06/29/2012 01:25 PM - DEPUTY DANIEL ZETTELMOYER, BEING DULY SWORN ACCORDING TO LAW, SERV D
THE REQUESTED COMPLAINT & NOTICE BY "PERSONALLY" HANDING A TRUE COPY TO A
PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: JULIA KANE AT 164
MINTON WAY, NORTHUMBERLAND, PA 17857.
SHERIFF COST: $70.88
July 03, 2012
SO ANSWERS,
CHAD A REINER, SHERIFF
Swor+- r : . ? ?rF
me t`f? to r?:
:. ?. r (9t?
LAW OFFICES OF MASON & EISEMAN
BY: Jeffrey M. Pollock, Esquire
I.D.# 58362
1515 Market Street, Suite 1802
Philadelphia, PA 19102
(215) 446-7686
Leffrey. pollock(aD-thehartford. com
THERESA CAVE
VS.
JULIA KANE
TO THE PROTHONOTARY:
i?L
YOTAfN'
2 12 JU;L 16 3' 2Z'
#;.R AtdO C4UNT?'
Attorney fw VAWiA
Julia Kane
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
JURY TRIAL DEMANDED
NO. 12-3458
ENTRY OF APPEARANCE
Kindly enter my appearance for Defendant, Julia Kane in the above
LAW O
BY:
Jefff F
Attorney for
Date. (/1/ ( V
OF/fAASON & EISEMAN
ndant
LAW OFFICES OF MASON & EISEMAN
BY: Jeffrey M. Pollock, Esquire
I.D.# 58362
1515 Market Street, Suite 1802
Philadelphia, PA 19102
(215) 446-7686
jeffrey. pollockP-thehartford.com
THERESA CAVE
VS.
JULIA KANE
ill?0THONOTAi'l 1
2012 JUL 16 PPS 3-- 22
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Defendant
Julia Kane
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
JURY TRIAL DEMANDED
NO. 12-3458
PRAECIPE TO PERFECT JURY TRIAL
TO THE PROTHONOTARY:
Kindly Perfect a Jury Trial in the above captioned matter.
LAW OFFICES OF MASON & EISEMAN
BY:
y Mr Defendant
X-F I Cc
'014
OTr? "
J - 16 F"9 3.22
C `€ ENNSYLVA° A j`!
TO: PLAINTIFF
You are hereby notified
To plead to the enclosed
Within twenty (20) days
From service hereof or
A Default Judgment may
Be entered against you.
QJA4eq H. POUWA
Attorney for Defendant
LAW OFFICES OF MASON & EISEMAN
BY: Jeffrey M. Pollock, Esquire
I.D.# 58362
1515 Market Street, Suite 1802
Philadelphia, PA 19102
(215) 446-7686
ieffrey. pollock(a7thehartford.com
THERESA CAVE
VS.
Attorney for Defendant
Julia Kane
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
JULIA KANE JURY TRIAL DEMANDED
NO. 12-3458
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT
TOGETHER WITH NEW MATTER
1. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
2. Admitted.
3. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
4. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
5. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
6. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
COUNTI
7. Answering defendant hereby incorporates her responses to paragraphs 1
through 6 above as though same were fully set forth herein.
8. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
9. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
10. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
11. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
12. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
13. Denied. After reasonable investigation, answering defendant lacks
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
WHEREFORE, answering defendants, Julia Kane, requests judgment be
entered in her favor and against plaintiff together with any other relief the
Court deems appropriate.
NEW MATTER DIRECTED TO PLAINTIFF
14. Plaintiff's Complaint fails to state a claim upon which relief may be
granted.
15. Plaintiff has failed to mitigate her damages.
16. If plaintiff sustained the injuries and damages as alleged in her Complaint,
then same were caused by other entities or parties over which answering
defendant had no control.
17'. Plaintiff's claims are barred, in whole and/or in part, by the appropriate
Statute of Limitations.
18. Plaintiff voluntarily adopted a dangerous and hazardous method or
manner of performing the actions that she was then undertaking when
there was available to her a safe method and he thereby assumed the risk
of injury in performing her actions.
19. Plaintiffs claims are barred, or must be reduced, as a result of plaintiff's
own negligence, which was the proximate cause of the incident described
in plaintiff's Complaint, pursuant to the Pennsylvania Comparative
Negligence Act, 42 Pa. C.S.A. Section 7102.
20. Plaintiff's claims are barred and/or limited by the Motor Vehicle Financial
Responsibility Law, 75 Pa. C.S. Section 1701, et seq.
21. Plaintiff's claims are barred and/or limited by the Pennsylvania Motor
Vehicle No-Fault Insurance Act.
22. This Court lacks jurisdiction over the subject matter of the within action.
23. If plaintiff sustained the injuries and damages as alleged in her Complaint,
then same were not proximately caused by any action or failure to act on
behalf of answering defendant.
24. Answering defendant avers that plaintiff's cause of action is barred or
limited by the Sudden Emergency Doctrine.
WHEREFORE, answering defendants, Julia Kane, requests judgment be
entered in her favor and against plaintiff together with any other relief the
Court deems appropriate.
LAW OFFICES OF MASON &
EISEMAN
BY:
VW UrA4wering ol k
me Defendant
VERIFICATION
Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the
attorney for answering defendant in the within matter; that he is authorized to
sign this on behalf of said party; that he has read the foregoing ANSWER
TOGETHER WITH NEW MATTER and finds that the facts set forth therein are
true and correct to the best of his knowledge, information and belief.
This verification is made subject to the penalties of 18 PA. C.S. Section
4904 relating to unsworn falsification to authorities.
Jeffre . Pollock
DATE: `I (V (?_
CLEARFIELD, KOFSKY & PENNEYS
BY: Scott E. Diamond, Esquire
Identification Number: 44449
1617 John F. Kennedy Boulevard, Suite 355
Philadelphia, PA 19103
215-563-6333
THERESA CAVE
V.
JULIA KANE
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 12-3458
JLE -Q FjCE
Tr„ P :OTHONOTA " r
2012 JUL 8 aN I I:
MMQER AND COO
PENN YLVANIA
PLAINTIFF'S REPLY TO
DEFENDANT JULIA KANE'S NEW MATTER TO PLAINTIFF'S COMPLAINT
Plaintiff, Theresa Cave, by and through her attorney, SCOTT E. DIAMOND,
hereby responds to Defendant, Julia Kane, as follows:
14 - 24. Denied. Denied as a conclusion of law to which no responsive pleading
required by the Pennsylvania Rules of Civil Procedure. To the extent an answer is required,
reasonable investigation, plaintiff is without the knowledge or information sufficient to form a
belief as to the truth of the averments contained in these paragraphs. Accordingly, strict proof
thereof is demanded at the time of trial.
WHEREFORE, Plaintiff, Theresa Cave, requests this Honorable Court to deny
Defendant's New Matter, and enter judgment in her favor and against
BY:
E.
Theresa Cave
VERIFICATION
I, SCOTT E. DIAMOND, ESQUIRE, hereby verify that I am the attorney for Plaintiff in
the attached REPLY TO NEW MATTER, and that the facts set forth herein are true and correct
to the best of my knowledge, information and belief. I understand that false statements herein
subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to
authorities.
CLEARFIELD,
BY:
DATED: July 16, 2012
1
CLEARFIELD, KOFSKY & PENNEYS
BY: Scott E. Diamond, Esquire Attorney for Plaintiff
Identification Number: 44449
1617 John F. Kennedy Boulevard, Suite 355
Philadelphia, PA 19103
215-563-6333
THERESA CAVE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
NO: 12-3458
JULIA KANE
CERTIFICATE OF SERVICE
I, SCOTT DIAMOND, ESQUIRE, hereby certify that a true and correct copy of
Plaintiffs Response to Defendant's Answer to Plaintiff's Complaint with New Matter, was
furnished to all parties as follows by First Class Mail, on the 16th day of July, 2012.
CLEARFIELD, K,"SjEY-c--PENNEYS
BY:
Attornev k'rPlaintifL/rheresa Cave
SACKS,WESTON,PETRELLI & DIAMOND
By: Scott E. Diamond, Esquire Attorney for Plaintiff
Identification No. 44449
1818 Market Street
Suite 1700
Philadelphia, PA 19103
(215) 523-6900
C7 1
THERESA CAVE COURT OF COMMONPLE cu
CUMBERLAND COUNTY
V. -<n CD
NO: 12-3458
JULIA KANE
CD
tea ? CD M,
ORDER TO SETTLE,DISCONTINUE AND END w`
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter Settled,Discontinued and Ended upon payment of
your costs only.
SACKS,WE N,PET LLI & DIAMOND
BY:
OTT E. DIAMON15, ESQUIRE
Attorney for Plaintiff,Theresa Cave