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HomeMy WebLinkAbout13-1860 Supreme C Wnnsylvania Con leas ` 4a 4 Nw, 4 C and County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadin s or other papers as required b ylaw o r rules of court. Commencement of Action: ' ® Complaint 13 writ of Summons 13 Petition a Q Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: April Schneider 5-6 wes � i . rai b Y Dollar Amount Requested: 13within arbitration limits Are money damages requested ® Yes 13 No (check one) ®outside arbitration limits Is this a Class Action Suit? 13 Yes ® No Is this an AWJA ppeal? Yes ®No �* r Name of Plaintiff/Appellant's Attorney: Michael O. Palermo, Jr. © Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Na of tint Cane Place an "X" to the left of the QU case category that most accurly describes your PR WARY CASE. If you are malting more than one type of claim, check the one that you consider most importem TORT (do not include Mass Ton) CONTRACT (do not include Judgments) CIVIL APPEALS , 0 Intentional 13 Buyer Plaintiff Administrative Agencies 13 Malicious Prosecution 13 Debt Collection: Credit Card Q Board of Assessment - ; 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation Statutory Appeal: Other Product Liability (does not include m ass tort) 0 Employment Dispute: .: Slander/Libel/ Defamation Discrimination Other: 13 Employment Dispute: Other 13 Zoning Board ne Other: arWrous anima 0 Other: MASS TORT D Asbestos Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY 1VIISCELLANEOUS Q Toxic waste 0 Other: 13 Ejectment 13 Common Law /Statutory Arbitration 13 Eminent Domain/condemnation 13 Declaratory Judgment 13 Ground Rent 8 Mandamus ® Landlord/Tenant Dispute Non - Domestic Relations , Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLIT'Y Mortgage Foreclosure: Commercial 13 Quo warranto ® Dental 13 Partition 0 Replevin Q Legal 13 Quiet Title © Other: Q Medical pother: Q Other Professional: Updated 1/1/1011 1L h_ 1x -; Hg 2Q 13 APR 10 PM 12: APRIL SCHNEIDER CUMBERLAND Citi i 1I� THE COURT OF COMMON PLEAS Plaintiff PENNSYLVANIA OF CUMBERLAND COUNTY vs. CIVIL ACTION -- LAW WAYNE KILLINGER and JURY TRIAL DEMANDED REBECCA KILLINGER 13 Defendants 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, be entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTYATTORNEY REFERRAL Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 MICHAEL O. PALERMO, A, ESQUIRE a��P3 APRIL SCHNEIDER IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CIVIL ACTION -- LAW WAYNE KILLINGER and JURY TRIAL DEMANDED REBECCA KILLINGER Defendants COMPLAINT Now Comes the Plaintiff April Schneider, by and through her undersigned counsel and pursuant to Pennsylvania Rules of Civil Procedure and Cumberland County Local Rules of Practice, files this Complaint. GENERAL AVERMENTS 1. Plaintiff, April Schneider, is an adult citizen of the Commonwealth of Pennsylvania who currently resides at 38 Jenkins, #206, Lansdale, Montgomery County, Pennsylvania 19446. 2. Defendant, Wayne Killinger, is an adult individual residing at 550 West Penn Street, Carlisle, Cumberland County, Pennsylvania, 1701'3. 3. Defendant, Rebecca Killinger, is an adult individual residing at 550 West Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. On or about July 1, 2012, Defendants owned, possessed, and maintained a certain dog, which Plaintiff believes, is a Husky/ German shepherd mix, which was involved in this incident (hereinafter referred to as "Dog "). 5. On or about July 1, 2012, Defendants' aforementioned dog was roaming their property at 320 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055 when, without provocation and while Plaintiff was walking on the public sidewalk along Defendants' property, attacked and bit the Plaintiff, causing injury. 6. The negligence and carelessness of the Defendants, acting as aforesaid, consisted of the following: (a) maintaining and possessing a dog of a known vicious character; (b) permitting the dog to attack Plaintiff (c) failing to properly restrain and /or muzzle the dog; (d) failing to properly pen the dog; (e) failing to keep the dog properly secured; (f) failure to give notice of the dog's presence and that it was dangerous; (g) failing to keep the dog under proper supervision; (h) negligently allowing the dog to attack Plaintiff; (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. 7. The aforesaid incident was due solely to the negligence and carelessness of the Defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff. COUNT 1- NEGLIGENCE PLAINTIFF, APRIL SCH14EIDER V WAYNE KILUMM AND REBECCA KILLINGER 8. Plaintiff, April Schneider, incorporates by reference hereto, all of the allegations contained in the General Averments, as if they were set forth at length herein. 9. On or about July 1, 2012, the aforementioned Dog bit Plaintiff, April Schneider, without warning or provocation. 10. On or about July 1, 2012, the Defendants could reasonably have anticipated that the Dog would cause injury to Plaintiff by attacking her. 11. On or about July 1, 2012, the Defendants had sufficient opportunity to prevent the Dog from attacking and /or biting Plaintiff, but failed to exercise reasonable care to control and contain the Dog and prevent the attacking and/or biting. 12. Said failure to control and contain the Dog was unreasonable and negligent and the sole legal cause of Plaintiffs injuries and damages. 13. As a result of this incident, Plaintiff, April Schneider, has suffered various injuries including, but not limited to, a bite mark and severe bruising on her left lower forearm, and a bite mark resulting in four (4) separate puncture wounds and substantial bruising to the left upper quadrant of Plaintiffs abdomen; resulting in permanent scarring to Plaintiff's arm and abdomen, as well as other physical/emotional injuries as may be diagnosed by Plaintiff's health care providers, all of which injuries have in the past, and may in the future, cause Plaintiff great pain and suffering. 14. As a further result of the incident aforementioned, Plaintiff, April Schneider, has suffered severe physical pain, mental anguish and humiliation and may continue to suffer same for an indefinite time in the future. WHEREFORE, Plaintiff, April Schneider, demands judgment against the Defendants, jointly and /or severally, for damages, in an amount in excess of the arbitration limits, plus interest and costs. COUNT II- PUNITIVE DAMAGES PLAINTIFF, APRIL SCHNEIDER V WAYNE KILLiIMM- A REBECCA KILLIMGER 15. Plaintiff, April Schneider, incorporates by reference hereto, all of the allegations contained in the General Averments and Count I, as if they were set forth at length herein. 16. The conduct of the Defendants, as described above demonstrated willful, wanton and reckless disregard for the rights and safety of Plaintiff. 17. Defendants knew or should have known that Plaintiff was at risk of being attacked because the dog had attacked other individuals in the past, requiring the Dog to be muzzled when outdoors. 18. Notwithstanding the above, Plaintiff, April Schneider, was exposed to the attack by the aforementioned Dog by the Defendants failure to properly secure and muzzle the dog while outdoors. 19. The fact that the Defendants were aware of prior incidents put them on notice that they were in possession of a dangerous dog. 20. Failing to protect Plaintiff from the risk that the dangerous dog would attack and /or bite Plaintiff, especially when the dog had attacked and /or bitten before, is wanton, willful and egregious, such that punitive damages are in order. WHEREFORE, Plaintiff, April Schneider, respectfully demands judgment against the Defendants, jointly and /or severally for damages, in an amount in excess of the arbitration limits, plus interest and costs. BY: uea ' k , MICHAEL O. PALERMO, W., ESOME Attorney for Plaintiff, April Schneider APRIL SCHNEIDER :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY VS. CIVIL ACTION -- LAW WAYNE KILLINGER and JURY TRIAL DEMANDED REBECCA KILLINGER Defendants . VFRFICATION I verify that I am the Plaintiff herein and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated= 2013 April Schneider, Plaintiff -l"FINE AROTI10hi0TA Z 20113 APR 25 PM 2. 48 CUMBERLAND COUNTY JOHNSON, DUFFIE,STEWART&WEIDNER PENNSYLVANIA Attorneys for Defendants By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com APRIL SCHNEIDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 13-1860 Civil WAYNE KILLINGER and CIVIL ACTION — LAW REBECCA KILLINGER, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendants Wayne Killinger and Rebecca Killinger in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: April 24, 2013 Counsel for Defendants 553198 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 0Q-L[, 2013: Michael O. Palermo, Jr., Esquire Palermo Law Offices 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART &WEIDNER sy: MichO E. Neff, Legal e r tary to Matthew Ridley, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONO'r R Jody S Smith 200APR29 AMID-' 33 Chief Deputy 4� Richard W Stewart CUMBERLAND COUNTY Solicitor OPFiCe C�F TNE V,5RIFP PENNSYLVANIA April Schneider Case Number vs. 2013-1860 Wayne Killinger(et al.) SHERIFF'S RETURN OF SERVICE 04/16/2013 08:46 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Wayne Killinger at 550 W. Penn Street, Carlisle Borough, Carlisle, PA 1;013. UTSHALL, DtPtlTY 04116/2013 08:46 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Rebecca Killinger at 550 W. Penn Street, Carlisle Borough,Carlisle, PA 17011 N GUTSHALL, DEPUTY SHERIFF COST: $50.46 SO ANSWERS, April 17, 2013 RbWl R ANDERSON, SHERIFF (c)CountySulte Sheriff,Tolaosoft,Inc, i3 JOIN - 0A II 0 JOHNSON, DUFFIE,STEWART&WEIDNER CUM ERL ° CO A" Attorneys for Defendants By: Matthew Ridley ' I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com APRIL SCHNEIDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1860 Civil WAYNE KILLINGER and CIVIL ACTION — LAW REBECCA KILLINGER, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: April Schneider c/o Michael O. Palermo, Jr., Esquire Palermo Law Offices 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 AND NOW, this 4th day of June, 2013, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By Matthew Ridley, Esquire Attorneys for Defendants r JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Defendants By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com APRIL SCHNEIDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-1860 Civil WAYNE KILLINGER and CIVIL ACTION — LAW REBECCA KILLINGER, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS AND NOW, come the Defendants, Wayne Killinger and Rebecca Killinger, by and through their counsel, Matthew Ridley and Johnson, Duffie, Stewart &Weidner, and file the following Answer and New Matter to Plaintiff's Complaint: 1. Denied. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that the incident took place of the date, time, and place alleged. The remaining allegations of paragraph 5 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Denied. Paragraph 6 and its subparts state legal conclusions to which no response is required. In the event a response is deemed to be required, it is denied that the Defendants were negligent or reckless, and denied that the accident and alleged damages in question were caused solely as a result of any negligence and/or carelessness, and/or other liability producing conduct on the part of the Defendants. By way of further answer, it is denied that the Defendants were negligent and/or careless in: (a) maintaining and possessing a dog of a known vicious character; (b) permitting the dog to attack Plaintiff; (c) failing to properly restrain and/or muzzle the dog; (d) failing to properly pen the dog; (e) failing to keep the dog properly secured; (f) to give notice of the dog's presence and that it was dangerous; (g) failing to keep the dog under proper supervision; (h) this subparagraph has been removed by stipulation of the parties; (i) this subparagraph has been removed by stipulation of the parties; and , this subparagraph has been removed by stipulation of the parties. 7. Denied. Paragraph 7 states a legal conclusion to which no response is required. 2 To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I — NEGLIGENCE PLAINTIFF, APRIL SCHNEIDER V. WAYNE KILLINGER AND REBECCA KILLINGER 8. Defendants incorporate by reference their answers to paragraphs 1 through 7 above as if fully set forth at length herein. 9. Denied. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Denied. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Denied. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Denied. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said 3 averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Denied. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Denied. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendants, Wayne and Rebecca Killinger, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT 11 — PUNITIVE DAMAGES PLAINTIFF, APRIL SCHNEIDER v. WAYNE KILLINGER AND REBECCA KILLINGER 15. Defendants incorporate by reference their answers to paragraphs 1 through 14 above as if fully set forth at length herein. 16. Denied. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 4 17. Denied. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial: 18. Denied. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Denied. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Denied. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendants, Wayne and Rebecca Killinger, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. 5 NEW MATTER By way of additional answer and reply, Defendants Wayne and Rebecca Killinger raise the following New Matters: 21. Discovery may reveal that the Plaintiff failed to mitigate her damages. 22. Discovery may reveal that some of Plaintiffs medical conditions and limitations preexisted the date of the subject accident and were not caused or aggravated by the accident. 23. Discovery may reveal that some of Plaintiffs medical conditions and limitations were caused or aggravated by events that occurred subsequent to the date of the subject accident. 20.That Plaintiffs have failed to state a cause of action for which relief may be granted. 24. That Plaintiffs alleged cause of action may be barred in whole or in part by the Doctrine of the Assumption of the Risk and comparative negligence. 25. That the Defendants were in no way negligent, careless or reckless in any regard with respect to Plaintiffs alleged cause of action. 26. That at all times the Defendants exercised reasonable care. 6 WHEREFORE, the Defendants, Wayne and Rebecca Killinger, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: /1�- /-I . Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June 2013 Counsel for Defendants 553679 22740-3109 7 VERIFICATION I, REBECCA KILLINGER, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer with New Matter of Defendants; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. REBECCA KIL INGER DATE: Ia31 VERIFICATION I, WAYNE KILLINGER, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer with New Matter of Defendants; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. a WA AE KILLINGEFK DATE: l CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendants to Plaintiffs Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June , � , 2013: Michael O. Palermo, Jr., Esquire Palermo Law Offices 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By."—m r t=- Michel E. Neff, Legal Se r to Matthew Ridley, Esquire Ctii"tBEdRSYt..V�M Q TY JOHNSON, DUFFIE, STEWART$c WEIDNER By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com Attorneys for Defendants APRIL SCHNEIDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1860 Civil WAYNE KILLINGER and CIVIL ACTION — LAW REBECCA KILLINGER, Defendants JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated by and between Michael O. Palermo, Jr., Esquire, counsel for Plaintiff, and Matthew Ridley, Esquire, counsel for Defendant, that subparagraphs (h), (i) and 0) of paragraph 6 are hereby stricken and deleted from the Complaint. PALERMO LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER • f' t/ By: By: Michael O. Pa o, Esquire Matthew Ridley, Esquire Date: &&3 Date: (o�'ZI/3 557379 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Stipulation of served upon the following counsel of record, Counsel has been. duly ord by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 4, 2013: Michael O. Palermo, Jr., Esquire Palermo Law Offices 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By- Miche E. Neff, Legal Se r try�to � Matthew Ridley, Esquire APRIL SCHNEIDER IN THE COURT OF COMMON FLEAS plaintiff OF CUMBERLAND COUNTY VS. CIVIL ACTION --LAW WAYNE KILLINGER and JURY TRIAL DEMANDLD ,°.-�-' �-�-- .- REBECCA KILLINGER 2-, " ' t3 _ �860 cnr,-- �, Defendants -<7' � ;r_ 4... 7;„ _.. ANSWER TO DEFENDANT'S NEW MATTER o := j NOW COMES,the Plaintiff,April Schneider,by and through her counsel, Michael 0. Palermo,Jr., and answers the New Matter of Defendants,Wayne and Rebecca Killinger,as follows: 27. Denied. Paragraph twenty(which is contained in paragraph twenty-three) of Defendant's New Matter constitutes a conclusion of law and does not require a responsive pleading. 28. Denied. After reasonable investigation, Plaintiff,April Schneider, is without knowledge or information to form a belief as to the truth or falsity of the allegation made in paragraph twenty-one of the New Matter. And the same are therefore deemed denied with strict proof demanded at the time of trial. 29. Denied. After reasonable investigation, Plaintiff,April Schneiu,_r,is without knowledge or information to form a belief as to the truth or falsity of the allegation made in paragraph twenty-two of the New Natter. And the same are therefore deemed denied with strict proof demanded at the time of trial. 30. Denied. After reasonable investigation,Plaintiff is without knowledge or information to form a belief as to the truth or falsity of the allegations made in paragraph twenty-three of Defendant's New Matter. And the same are therefore deemed denied with strict proof demanded at the time of trial. 31. Denied. Paragraph twenty-four of Defendant's New Matter constitutes a conclusion of law and does not require a responsive pleading. i 32. Denied. Paragraph twenty-five of Defendant's New Matter constitutes a conclusion of law and does not require a responsive pleading. 33. Denied. Paragraph twenty-six of Defendant's New Matter constitutes a conclusion of law and does not require a responsive pleading. WHEREFORE,the Plaintiff, April Schneider, hereby claims all damages available under the law from Defendants,Wayne and Rebecca Killinger,in an amount in excess of the amount required for compulsory arbitration by the applicable statutes of the Commonwealth of Pennsylvania and local Rules of Court. Respectfully submitted, MICHAEL,O. PALERMO,JR-, Q. Attorney for Plaintiff,April 1chneider APRIL SCHNEIDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1860 Civil WAYNE KILLINGER and CIVIL ACTION - LAW REBECCA KILLINGER, Defendants JURY TRIAL DEMANDED ATTORNEY VERIFICATION I verify that I am the Attorney for Plaintiff in the above captioned matter and that the statements made in the foregoing Answer are true and correct based upon my investigation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S-$ 4904, relating to unsworn falsification to authorities. Date: LA Michael O. Palermo, Jr., nsel for Plaintiff CEMIFICATE OF SERVICE I, Michael O. Palermo,Jr., Esquire hereby certify that the Plaintiffs Answer to Defendant's New Matter was served upon the party and at the address below,via First Class Mail: Matthew Ridley, Esq. 301 Market Street P.C. Box 109 Lemoyne, PA 17043-0109 Date: • MICHAEL 0. PALERMO,J ., ._ . Attorney for Plaintiff,April Schneider f �j t I'"(MIA' 2013 0EC 23 PM 3: 2 7 CUMBERLAND COUNTY PENNSYLyANJA APRIL SCHNEIDER, • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 13-1860 Civil • • WAYNE KILLINGER and • CIVIL ACTION — LAW REBECCA KILLINGER, • Defendants • JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended, with prejudice. Respectfully submitted, PALERMO LAW OF 4i/ By: Michael O. Palermo, •uire 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 Counsel for Plaintiff, April Schneider DATE: `,( 595077 1)0r"...(7/ .I, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Settle, Discontinue and End has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 18, 2013: Michael O. Palermo, Jr., Esquire Palermo Law Offices 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: 1rJt.)� Michel E. Neff, Legal S c1e ry to Matthew Ridley, Esquire Attorney Tax I.D. No.: 204265 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109