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HomeMy WebLinkAbout13-1475 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GLORIA ACEVEDO Case No. �� Civil Term 158 Ashford Drive Enola, PA 17025 Civil Action - Law C 3 }v Plaintiff �, DANIEL & DENISE ANTLE C.n� 224 West Shady Lane c:; ..� Enola, PA 17025? 3: ru 0 C Defendants ca cn w PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above - captioned action: 2 Writ of Summons shall be issued and forwarded to ( x ) Attorney () Sheriff Ryan P. McDaniel, Esquire 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 i nature f A orney (717) 671 -1955 u reme Court ID No. 311942 Date: 3 Ck K I ocw% 2-a 8 O6'f WRIT OF SUMMONS TO THE ABOVE -NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: "Z'_"E ( ) Check here if reverse is issued for additional information FILED-OFFICE C = THE PROTHONOTAR 1013 APR -9 PM 2= 01 Ryan P. McDaniel, Esquire D NoB31 42 HAMILTON, PC CUMBERLAND NAN�A TY 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671 -1955 ryan@pa-injurylawyer.com GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13 -1475 — CIVIL TERM DANIEL & DENISE ANTLE, Defendants Civil Action - Law PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Kindly reissue the Writ of Summons in this matter. Respectfully Submitted, FREEBURN & HAMILTON, PC By: �_ Z"� ff ivy P. McDaniel, Esquire . No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671 -1955 Date: U- 5- 3 Counsel for Plaintiff S 6 .4 , 4 a O 1C)d3S Cl SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1. i Sheriff �sL.�:l�`�}i1�lU�. ,o,�Njv ti :lunb�,r� r TIE. PROTHONOTARY Jody S Smith , Chief Deputy '' 2013 APR 23 QM 10' 21 Richard W Stewart Solicitor 0,MCEUTK ER11=r CUMBERLAND COUNTY PENNSYLVANIA Gloria Aceviedo vs. Case Number Daniel Antle (et al.) 2013-1475 SHERIFF'S RETURN OF SERVICE 04/15/2013 08:16 PM-Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Summons by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Daniel Antle at 224 West Shady Lane, East Pennsboro, Enola, PA 17025. i � >f DE IS FRY, DEP 04/15/2013 08:16 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Denise Antle at 224 West Shady Lane, East Pennsboro, Enola, PA 17025. DEN FRY, DEPUTY SHERIFF COST: $59.00 SO ANSWERS, April 16, 2013 RON r R ANDERSON, SHERIFF (c)CountySuite Sheritt,Teleosoft,Inc. Ryan P. McDaniel, Esquire FREEBURN & HAMILTON, PC ID No. 311942 .FILED-0FF IC 2040 Linglestown Road, Ste. 300 OF THE PROTHON6TARY Harrisburg PA 17110 (717) 671-1955 CQ j 3 AY Y 2 ryan @pa-injurylawyer.com CUMBERLAND COUNTY GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1475— CIVIL TERM DANIEL & DENISE ANTLE, - Defendants Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or 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 may be 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: -51i 113 Ryan P. McDaniel, Esquire Attorneys for Plaintiff Ryan P. McDaniel, Esquire FREEBURN & HAMILTON, PC ID No. 311942 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717)671-1955 ryan @pa-injurylawyer.com GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1475— CIVIL TERM DANIEL & DENISE ANTLE, Defendants Civil Action - Law NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: -6-11113 " Ryan P. McDaniel, Esquire Attorneys for Plaintiff Ryan P. McDaniel, Esquire FREEBURN&HAMILTON, PC ID No.311942 2040 Linglestown Road, Ste.300 Harrisburg PA 17110 (717)671-1955 ryan@pa-injurylawyer.com GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1475— CIVIL TERM DANIEL & DENISE ANTLE, Defendants Civil Action - Law COMPLAINT AND NOW, comes Plaintiff, Gloria Acevedo, by her attorneys, Freeburn & Hamilton, and files the following Complaint: 1. Plaintiff, Gloria Acevedo, is an adult individual whose resides- at 158 Ashford Drive, Enola, Cumberland County, Pennsylvania. 2. Defendants, Daniel and Denise Antle, are adult individuals who reside at 224 W. Shady Lane, Enola, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related occurred on or about July 10, 2011, in the Defendants' residence. 4. At or about that time and place, Plaintiff had been invited to enter Defendants'- residence to provide assistance to an elderly member of Defendants' household. 5. At or about that time, Defendants, either together or separately, owned a dog that lived at their residence. 6. Defendants' dog had attempted to attack and/or acted aggressively toward the Plaintiff while she was in Defendants' home on at least two occasions prior to the July 10, 2011 attack. 7. At that time and place, Defendants knew or should have known that the dog was dangerous and aggressive. 8. At all times relevant hereto, Defendants had a duty to secure and control the dog while Plaintiff was in Defendants' residence. 9. Defendants knew that they were required to keep the dog restrained and away from Plaintiff whenever Plaintiff was in their home. 10. After Plaintiff provided assistance to the elderly member of Defendants' household, Plaintiff began walking toward the front door in an attempt to exit the Defendants' home. At that time, Defendants' dog ran from the upstairs level of the home, down a flight of stairs and attacked and bit Plaintiff. 11. At that time, Defendant, Denise Antle, had to forcibly restrain the dog and pull it away from Plaintiff so as to prevent the dog from continuing to attack Plaintiff. 12. After the dog was restrained the Plaintiff fled from the dog and Defendants' residence. 13. The foregoing incident and all of the injuries and damages suffered by Plaintiff are the direct and proximate result of the negligence, carelessness, wantonness and recklessness of Defendants, Daniel and Denise Antle, as follows: a. Failing to secure the dog; b. Failing to control the dog; C. Allowing the dog to be free and have an opportunity to come into direct contact with Plaintiff; d. Inviting Plaintiff to enter their residence without securing the dog; e. Allowing the dog to attack Plaintiff; 2 f. Failing to adequately supervise the dog; g. Failing to warn Plaintiff; h. Failing to care for or train the dog; and i. Failing to properly train, socialize and maintain the dog. 14. Defendants, as set forth above, were in violation of state and/or local laws and ordinances, specifically the Dog Law, including 3 P.S.A. § 459-201, 3 P.S.A. § 459-502-A and 3 P.S.A. §459-505-A which are intended to protect persons such as Plaintiff, Gloria Acevedo, from personal injury, and thus constitutes negligence per se. 15. By reason of the aforesaid incident, Plaintiff suffered painful and severe injuries to her nerves, bones and soft tissues, including but not limited to, her right leg. 16. By reason of the aforesaid incident and injuries, Plaintiff suffered a heightened possibility that she will suffer other.or additional injury in the future, and claim is made therefore. 17. The aforesaid incident and injuries may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 18. By reason of the aforesaid incident and injuries Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefore. 19. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 20. By reason of the aforesaid incident and injuries, Plaintiff has incurred incidental costs and expenses, the exact amount of which cannot be ascertained at this time, and claim is made therefore. 21. By reason of the aforesaid incident and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and 3 employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 22. By reason of the aforesaid incident and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 23. As a result of the aforesaid incident and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 24. As a result of the aforesaid incident and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 25. As a result of the aforesaid incident and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 26. As a result of the aforesaid incident and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 27. By reason of the aforesaid incident and injuries, Plaintiff has been deprived of her enjoyment of the pleasures of life. 28. Plaintiff continues to be plagued by persistent physical and mental pain and limitation and, therefore, avers that her injuries may be of a permanent nature, and claim is made therefore. 29. As a result of the aforesaid incident, Plaintiff has suffered a disfigurement, and claim is made therefore. 4 WHEREFORE, Plaintiff, Gloria Acevedo, demands judgment in her favor and against Defendants, Daniel and Denise Antle, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON G By: ivyn P. McDani , Esquire . No. 311942 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717)671-1-955 _ Date: 5/1/13 Counsel for Plaintiff 5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was duly served on the 1st day of May, 2013, by placing the same in the U.S. First Class Mail, Regular postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Lori Tomlin, Esquire Law Offices of Twanda Turner-Hawkins 7535 Windsor Drive Allentown, PA 18195 FREEBORN & HAMILTON;-PC B : Y 0 Ju 'felg Doherty, Assistant to /yan P. McDaniel, Esquire I.D. No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717)671-1955 Date: 5/1/13 Counsel for Plaintiff HILE" -OFFICE Ryan P. McDaniel, Esquire OF THE RROTHONOTAR FREEBURN&HAMILTON, PC ID No. 311942 2013 MAY 13 PM 2: 5g 2040 Linglestown Road,Ste.300 Harrisburg PA 17110 CUMBERLAND COUNTY (717)671-1955 PENNSYLVANIA ryan@pa-injurylawyer.com GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1475— CIVIL TERM DANIEL & DENISE ANTLE, Civil Action - Law Defendants Jury Trial Demanded PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY OF SAID COURT: Kindly attach the enclosed Verification to Plaintiff's Complaint, filed May 2, 2013. Respectfully Submitted, FREEBURN & HAMILTON, PC L By: an P. McDaniel, Esquire No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717)671-1955 Date: 5/10/13 Counsel for Plaintiff 1 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: J �J Gloria Acevedo Y CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Attach Verification was duly served on the 10th day of May, 2013, by placing the same in the U.S. First Class Mail, Regular postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Twanda Turner-Hawkins 7535 Windsor Drive Allentown, PA 18195 FREEBURN & HAMILTON, PC By: JoieX.6oherty, Assistant to R P. McDaniel, Esquire I.D. No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg,.PA 17110 (717)671-1955 Date: 5/10/13 Counsel for Plaintiff FILED-OFFI —i Ryan P. McDaniel, Esquire OF THE PROTHONOTARY FREEBURN&HAMILTON, PC ID No. 311942 � � i pr : 2040 Linglestown Road, Ste.300 Harrisburg PA 17110 (717)671-1955 CUMBERLAND COUNTY ryan @pa-injurylawyer.com PENNSYLVANIA GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Case No. 13-1475 Civil Term DANIEL & DENISE ANTLE, Defendants Civil Action - Law CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Ryan P. McDaniel, Esquire certifies that: 1. A Notice of Intent to serve a subpoena with a copy of the subpoena attached thereto was mailed or delivered to Defendant at least twenty (20;) days prior to the date on which the subpoena is sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to the Certificate; 3. Defendants have no objection; and i 4. The subpoena to be served is identical to the subpoena attached to the Notice of Intent to serve the subpoena. Respectfully Submitted, FREEBURN & HAMILTON, PC L By: y y n P. McDaniel, Esquire I. No. 311942 40 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717)671-1955 Date: 5/20/13 Counsel for Plaintiff Ryan P. McDaniel, Esquire FREEBURN&HAMILTON, PC ID No.311942 2040 Linglestown Road,Ste.300 Harrisburg PA 17110 (717)671-1955 ryan@pa-injurylawyer.com GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Case No. 13-1475 Civil Term DANIEL & DENISE ANTLE, Defendants Civil Action - Law NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully Submitted, FREEBURN & HAMILTON, PC L By: Un P. McDanlel, Esquire D No. 311942 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717)671-1955 Date: Counsel for Plaintiff Ryan P.McDaniel,Esquire FREEBURN&HAMILTON,PC ID No.311942 2040 Linglestown Road,Ste.300 Harrisburg PA 17110 (717)671-1955 ryan@pa-injurylawyer.com GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Case No. 13-1475 Civil Term DANIEL & DENISE ANTLE, Defendants Civil Action - Law SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records, NHS Stevens Center, 33 State Avenue, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records that you may have concerning Gloria Acevedo from July 10, 2011 to the present, including but not limited to, histories taken, office notes, nurses notes, therapist's notes, diagnostic reports, reports of other health care providers, and copies of letters or notes with regard to communications from or to any other person or entity including insurance representatives with regard to my client's injuries. at Freeburn & Hamilton, 2040 Linglestown Road, Suite 300, Harrisburg PA 17110 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies of producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Ryan P. McDaniel, Esquire Freeburn & Hamilton 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717)671-1955 I.D. No. 311942 Attorney for Plaintiff Date: By the Court: Prothonotary Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve Subpoena was duly served on the 25th day of April, 2013, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Daniel & Denise Antle 224 West Shady Lane Enola, PA 17025 FREEBURN & HAMILTON, PC By: Juli .. Doherty, Assistant to an P. McDaniel, Esquire I.D. No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Date: Lt-c? 5- L3 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena was duly served on the 20th day of May, 2013, by placing the same in the U.S. First Class Mail, Regular postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Twanda Turner-Hawkins 7535 Windsor Drive a. Allentown, PA 18195 FREEBURN & HAMILTON, PC By: uli . Doherty, Assistant to Oan P. McDaniel, Esquire I.D. No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Date: 5/20/13 Counsel for Plaintiff 5/22/2013 9:05:57 AM PAGE 3/004 Fax Server 02210111s6.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANT(S) LAURIE B. TILGHMAN,ESQ. Daniel Antle and Denise Antle Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive,Suite r-;w Allentown,PA 18195-1032 101-B =r"I Telephone: 610-398-5492 GLORIA ACEVEDO, COURT OF COMMON PLEASry OF CUMBERLAND COUNTY Plaintiff q VS. NO. 13-1475 DANIEL&DENISE ANTLE, Defendants STIPULATION TO DISMISS IT IS HEREBY STIPULATED and AGREED by and among the undersigned counsel for the parties that the punitive language contained in Plaintiffs Complaint, specifically the phrase "wantonness and recklessness" as found in Paragraph 13 be dismissed and stricken from the record without prejudice. 4)u'W LAURIE B.TILGHMAN,ESQ. MCD IEL,ESQ. Attorney for Defendant(s) t rney for Plaintiff(s) Daniel Antle and Denise Antle rorrina(Acevedo Our File No. 0221011166.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANTS LAURIE B. TILGHMAN, ESQUIRE Daniel Antle and Denise Antle Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 GLORIA ACEVEDO, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-1475 cn_u cn r- t ;Z) -<> w VS. Cx -f; C" DANIEL&DENISE ANTLE, ,r C:> C3 '. DEFENDANTS ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendants, Daniel Antle and Denise Antle, in reference to the above-captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Daniel Antle and Denise Antle I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular US Mail. Our File No. 0221011166.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANTS LAURIE B. TILGHMAN, ESQUIRE Daniel Antle and Denise Antle Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 GLORIA ACEVEDO, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-1475 C VS. - , DANIEL&DENISE ANTLE, 1 DEFENDANTS DEMAND FOR JURY TRIAL -� TO THE CLERK: Defendants, Daniel Antle and Denise Antle, Demand a Jury Trial of twelve (12) in reference to the above-captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Daniel Antle and Denise Antle I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class mail. Our File No. 0221011166.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANTS LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 Daniel Antle and Denise Antle Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 GLORIA ACEVEDO, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-1475 VS. C, C, DANIEL&DENISE ANTLE, r� ' CA -c Ti DEFENDANTS -<> ca DC--) C-71 CERTIFICATE OF SERVICE ' ' TO THE CLERK: ' I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of Defendants' Interrogatories Addressed to Plaintiff, Gloria Acevedo and Defendants' Request for Production of Documents Directed to Plaintiff, Gloria Acevedo, were served this date by United States Mail, First Class,postage prepaid, upon: Ryan P. McDaniel, Esq. 2040 Linglestown Rd Ste 300 Harrisburg, PA 17110 LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Daniel Antle and Denise Antle Dated: May 29, 2013 0221011166.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANTS LAURIE B. TILGHMAN, ESQ. Daniel Antle and Denise Antle Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 GLORIA ACEVEDO, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY NO. 13-1475 VS. DANIEL&DENISE ANTLE, -„ Defendants ca _ , NOTICE TO PLEAD TO: Gloria Acevedo, Plaintiff '{' =� C:) C/O Ryan P. McDaniel, Esq. -= 2040 Linglestown Rd Ste 300 Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), DANIEL ANTLE AND DENISE ANTLE, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. do-&. (�v LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Daniel Antle and Denise Antle DATED: L 0221011166.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANTS LAURIE B. TILGHMAN, ESQ. Daniel Antle and Denise Antle Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 GLORIA ACEVEDO, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO. 13-1475 DANIEL&DENISE ANTLE, Defendants DEFENDANTS' ANSWER TO COMPLAINT AND NEW MATTER Defendants, Daniel Antle and Denise Antle,by and through the undersigned counsel, answer(s) the Plaintiff's Complaint as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. DENIED pursuant to Pa.R.C.P. 1029(e). 7. DENIED pursuant to Pa.R.C.P. 1029(e). 8. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. 9. DENIED pursuant to Pa.R.C.P. 1029(e). 10. DENIED pursuant to Pa.R.C.P. 1029(e). 11. DENIED pursuant to Pa.R.C.P. 1029(e). 12. ADMITTED. 13. (a-i, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent or careless. To the contrary, answering Defendant(s) acted reasonably and with due care. 14. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. 15. DENIED pursuant to Pa.R.C.P. 1029(e). 16. DENIED pursuant to Pa.R.C.P. 1029(e). 17. DENIED pursuant to Pa.R.C.P. 1029(e). 18. DENIED pursuant to Pa.R.C.P. 1029(e). 19. DENIED pursuant to Pa.R.C.P. 1029(e). 20. DENIED pursuant to Pa.R.C.P. 1029(e). 21. DENIED pursuant to Pa.R.C.P. 1029(e). 22. DENIED pursuant to Pa.R.C.P. 1029(e). 23. DENIED pursuant to Pa.R.C.P. 1029(e). 24. DENIED pursuant to Pa.R.C.P. 1029(e). 25. DENIED pursuant to Pa.R.C.P. 1029(e). 26. DENIED pursuant to Pa.R.C.P. 1029(e). 27. DENIED pursuant to Pa.R.C.P. 1029(e). 28. DENIED pursuant to Pa.R.C.P. 1029(e). 29. DENIED pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants, Daniel Antle and Denise Antle, demand Judgment in Their favor and against all parties. DEFENDANTS' NEW MATTER AFFIRMATIVE DEFENSES 30. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 31. Doctrine of Mitigation of Damages Plaintiff's injuries or damages are barred and/or limited by the Doctrine of Mitigation of Damages. 32. Pennsylvania Comparative Negligence Act All negligence causes of action and/or claims asserted against answering Defendant are limited, governed,barred and/or restricted,by the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102, the relevant terms of which are incorporated by reference herein. 33. Affirmative Defenses Answering Defendant(s), reserve(s) the right to assert at the time of trial any and all affirmative defenses revealed through discovery. WHEREFORE, Defendants, Daniel Antle and Denise Antle, demand Judgment in Their favor and against all parties. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Daniel Antle and Denise Antle VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Defendants, Daniel Antle and Denise Antle,and the facts set forth in the foregoing pleading are true and correct to the best of Her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unswom falsification to authorities. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Daniel Antle and Denise Antle l CERTIFICATE OF SERVICE I do hereby certify that on May 29, 2013 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Daniel Antle and Denise Antle 0221011166.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANT(S) LAURIE B. TILGHMAN, ESQ. Daniel Antle and Denise Antle Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 GLORIA ACEVEDO, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO. 13-1475 DANIEL&DENISE ANTLE, Defendants ORDER AND NOW, this ZD day of 1,,./tt 2013, it is hereby ORDERED that the punitive language contained in Plaintiffs Complaint, specifically the phrase"wantonness and recklessness" as found in Paragraph 13 be dismissed and stricken from the record without prejudice. BY LOUR J. Distribution List: Laurie B. Tilghman, Esq. 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 C= ° M C—C- -n M C= fTr / Ryan P. McDaniel, Esq. 2 2040 Linglestown Rd Ste 300 Z: o , Harrisburg, PA 17110 s -c ` r C CS "L`°t t(�cc L CZ. w �c to _{ r ! 1=I LED-OF F{rIE ' Ryan P. McDaniel, Esquire Jf. iC ';OTrtOOTAi 'T, FREEBURN& HAMILTON, PC ID No. 311942 2013 JUN I I. pm 1: (8 2040 Linglestown Road,Ste. 300 CUMBERLAND ������ Harrisburg PA 17110 CUMBERLAND (717)671-1955 PENNSYLVANIA ryan@pa-injurylawyer.com GLORIA ACEVEDO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1475—CIVIL TERM DANIEL & DENISE ANTLE, Civil Action - Law Defendants Jury Trial Demanded PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes Plaintiff, Gloria Acevedo, by her attorneys, Freeburn & Hamilton, PC, and files the following Reply to New Matter: 30. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. 31. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. By way of further reply, Plaintiff specifically denies that she failed to mitigate her damages. 32. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. By way of further reply, Plaintiff specifically denies that her claims that her negligence, causes of action, and/or claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, the existence of any negligence on her part being specifically denied. 1 J 33. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss New Matter of Defendants, Daniel and Denise Antle, and enter judgment in her favor and against Defendants in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON, PC By: a c aniel, Esquire I. 0. 311942 2 0 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717)671-1955 Date: L9 `13 Counsel for Plaintiff 2 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Jr 3 ' Gloria Acevedo w CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Reply to New Matter was duly served on the 10th day of June, 2013, by placing the same in the U.S. First Class Mail, Regular postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Twanda Turner-Hawkins 7535 Windsor Drive Allentown, PA. 18195 FREEBURN & HAMILTON, PC By: J A oherty, Assistant to - Ryan . McDaniel, Esquire I.D. No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717)671-1955 Date: 6/10/13 Counsel for Plaintiff Ryan P. McDaniel, Esquire FREEBURN&HAMILTON, PC , + C) ID No. 311942 af/, 0c T 20 2040 Linglestown Road, Ste. 300 }, P/I f: 1 c Harrisburg PA 17110 C UNBERL „ (717)671-1955 P P SYLVAKl,q4I v r. ryan @pa-injurylawyecom GLORIA ACEVEDO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-1475 — CIVIL TERM DANIEL & DENISE ANTLE : Civil Action - Law Defendants : Jury Trial Demanded PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF SAID COURT: Kindly mark the above-captioned matter settled and discontinued. Respectfully Submitted, FREEBURN & HAMILTON, PC By: y n P. McD niel, Esquire . No. 311942 2040 Linglestown Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Date: i0(,) -16 Counsel for Plaintiff