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HomeMy WebLinkAbout13-2050 Su&eme Cowl VOf Pennsylvania COLIJ07 mmMPleas For Prothonotary Use Only: t i . GVJI Cbvidr t � e Docket No: et ' y. .a , nr �)</ ,r` /3.�VW t�P CumbeHand County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 1] Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: , TRUDY L. GETZ and KRIS E. GETZ, her husband CHARITO HAMILTON 1 Are move dam req uested? Yes No Dollar Amount Requested: Owithin arbitration limits Y g 4 (check one) ix outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes [H] No Is this an MDJAppeal? 0 Yes (] No A Name of Plaintiff /Appellant's Attorney: MICHAEL E. KOSIK 0 Check here if you have no attorney (are a Self-Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include A4ass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 1] Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) 0 Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: ©Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 11 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal Di Quiet Title 0 Other: 0 Medical 0 Other: Other Professional: Updated 11112011 FILED- OFFICE OF THE PROTHONOTARY 2013 APR 16 AN 11: 45 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: mkosik @angino- rovner.com TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — LAW- I V. NO. 13. -aDsa 1 U! CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED 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 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 judgment may be entered against you by the Court without farther 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. cw� Q u3. a 521883 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede set dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes Para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 521883 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire AttomeylD #: 36513 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) ' E -mail: mkosik a)angino- romer.com TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — LAW V. NO. CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Trudy L. Getz and Kris E. Getz are husband and wife, adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 6225 Smith Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Charito Hamilton is an adult individual and citizen of the State of Utah who resides at 117 North Ranch Road, Farmington, Utah. 3. The facts and occurrences hereinafter related took place on May 25, 2011, at the entrance to a strip mall located at 6499 Carlisle Pike in Silver Spring Township, Cumberland County, Pennsylvania. 4. The Carlisle Pike (SR0011) is a five -lane highway with two eastbound and two westbound lanes and a center turn lane. 5. At that time and place, Plaintiff Trudy L. Getz was operating a 2001 Chevrolet Prizm traveling east on the Carlisle Pike. 6. At that time and place, Defendant Charito Hamilton was driving a Dodge Caravan traveling west on the Carlisle Pike. 521883 7. At that time and place, Defendant Charito Hamilton attempted to cross the eastbound lanes of travel, directly into the path of Plaintiff Trudy L. Getz's car and violently and without warning caused a collision with the front of Plaintiff s car. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Trudy L. Getz and Kris E. Getz are the direct and proximate result of the negligent, careless, and manner in which Defendant Charito Hamilton operated her vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to apply her brakes in sufficient time to avoid colliding with the Plaintiff s vehicle; (c) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (d) failure to have proper and adequate control over her vehicle; (e) failure to yield the right -of -way to Plaintiffs approaching vehicle in violation of §3322 of the Pennsylvania Motor Vehicle Code; (f) making an improper left turn and failing to yield to oncoming traffic in violation of 75 Pa.C.S.A. §3112(A)(1)(ii); and (g) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I TRUDY L. GETZ V. CHARITO HAMILTON 9. Paragraphs 1 through 7 are incorporated herein by reference. 521883 10. As a direct and proximate result of the aforementioned accident, Plaintiff Trudy L. Getz sustained painful and severe injuries which include but are not limited to pain in both wrists and thumbs requiring surgery, as well as shock to her nervous system. 11. By reason of the aforesaid injuries sustained by Plaintiff Trudy L. Getz, she was forced to incur liability for medical treatment, medications, hospitalizations, physical therapy and similar miscellaneous expenses in an effort to restore herself to health and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Trudy L. Getz has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Trudy L. Getz has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Trudy L. Getz has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. Plaintiff Trudy L. Getz continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Trudy L. Getz may sustain work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 521883 WHEREFORE, Plaintiffs Trudy L. Getz and Kris E. Getz demand judgment against Defendant Charito Hamilton in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II KRIS E. GETZ V. CHARITO HAMILTON 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. As a result of the aforementioned injuries sustained by his wife, Plaintiff Trudy L. Getz, Plaintiff Kris E. Getz has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Trudy L. Getz and Kris E. Getz demand judgment against Defendant Charito Hamilton in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. AN R, P.C. Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 Attorney for Plaintiffs Date: (4061 7-01) 521883 VERIFICATION I, TRUDY L. GETZ, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. WI TRUDY L. GET; �f Dated: a 203648 r iL .CI- E i ii U:` I E PROTHONOTi. 2,913 APR 25 Pik 2: 42 CIUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail: mkosik @angino-rovner.com TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-2050 Civil CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 17th day April 2013, a true and correct copy of a Complaint to Civil Action No. 13-2050 was mailed to Charito Hamilton, 117 North Ranch Road, Farmington, UT 84025 by certified mail, return receipt requested No. 7007 0710 0002 1393 2725. A copy of the certified mail receipt is attached hereto. Michelle. M. Milojevich 521883 ACCEPTANCE OF SERVICE This is to certify that a true and correct copy of the above noted Complaint was served upon Charito Hamilton via certified mail, return receipt requested. A copy of the signed receipt no. 7007 0710 0002 1393 2725is attached hereto. Michelle M. Milojevich Sworn to and subscribed before me this Z`t COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL �} WENDY L.ETZWEILER, Public day of �`' , 2013. Twp.,DwN�d lam" 521883 Postal CERTIFIED MAIL,, RECEIPT rlt Only; ti N For delivery information visit our website at www.usps.comj,, Ill ml OFFICIAL USE . I D- m Postage $ I `9 " . Certified Fee fU Postmark O Return Receipt Fee Here p (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) 1 Total Postage&Fees O nt T o �rI Iti J_f--- or PO Box No. _':Y_---_-- "`-� - CNy S`fete, 0��- - • Complete items 1,2,and 3.Also complete A. Si ture 13 item 4 if Restricted Delivery is desired. Agent • Print your name and address on the reverse ❑Addreseee so that we can return the card to you. B. ived by(Printed Name) C. Date of Delvery • Attach this card to the back of the mailpiece, - v or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: . If YES,enter delivery address below: ❑No 11-7T)nA (2d 3 rvice Type U7- 4o ACertified Mail ❑Express Mail v ❑Registered Aftetum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7007 0710 0002 139371:2725 T:nsfer from service faben Pi§0®rna x$11;F rtt iy 2004 1 Domestic Return Receipt 102595-o2-M-1540 F IL D-OF F ICS: MARGOLIS EDELSTEIN HE FROTHQN'OTAPQ BY: RONALD E. REITZ, ESQUIRE 2913 MAY _8 AH ti: Z9 I.D. NO. 55408 CUMBERLAND COUNTY 525 WILLIAM PENN PLACE SUITE 3300 P�'KNSYLVANIA TY PITTSBURGH, PA 15219 412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and COURT OF COMMON PLEAS OF KRIS E. GETZ, her husband, CUMBERLAND COUNTY Plaintiffs CIVIL ACTION - LAW V. CHARITO HAMILTON, NO. 13-2050 CIVIL Defendant. JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Kindly enter the appearance of MARGOLIS EDELSTEIN and RONALD E. REITZ, as counsel for Defendant, CHARITO HAMILTON, in the foregoing action. Respectfully submitted: MARGOLIS EDELSTEIN By: 2)7 V'—Ronald E. Reitz Attorney for Defendant, Charito Hamilton F' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been served upon counsel for plaintiff by first-class,U.S.Mail,postage prepaid, 6 this day of May 2013, as follows: ANGINO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 MARGOLIS EDELSTEIN By: ell' Irl onald E. Reitz Attorney for Defendant, Chariot Hamilton f ' MARGOLIS EDELSTEIN = iris:. PROT�i0r�OTa ' BY: RONALD E. REITZ I.D. NO. 55408 2,913 MAY 2 0 PH 2; 5-b 525 WILLIAM PENN PLACE SUITE 3300 Ci. MBERL/iNo COUNTY PITTSBURGH, PA 15219 PENNSYLVANIA 412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and COURT OF COMMON PLEAS OF KRIS E. GETZ, her husband, CUMBERLAND COUNTY Plaintiffs CIVIL ACTION - LAW V. CHARITO HAMILTON, NO. 13-2050 CIVIL Defendant. JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW,comes the Defendant,Charito Hamilton,by and through her counsel,Margolis Edelstein, and Ronald E. Reitz, and sets forth the following Answer and New Matter to Plaintiffs Complaint: ANSWER: 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted, upon information and belief. 4. Admitted. 5. Admitted, upon information and belief. r 6. Admitted, upon information and belief. 7. Admitted in part and denied in part. It is admitted that the Hamilton vehicle struck the Getz vehicle,in the general location described in the Complaint. The remaining averments set forth in paragraph 7, which purport to characterize the manner in which the accident occurred, are specifically denied with strict proof of the same demanded at time of trial. 8.Denied.By way of further answer,the averments set forth in paragraph 8 state conclusions of law to which no response is required, and the same are therefore specifically denied. The averments set forth in subparagraphs 8(a)-(g)are further denied,as they state conclusions of law to which no response is required. COUNT TRUDY GETZ V. CHARITO HAMILTON 9. The foregoing paragraphs 1 through 8 are hereby reincorporated by reference herein as though fully set forth at length. 10. This Defendant is without knowledge or information sufficient to form a belief as to the nature of any injuries sustained by Plaintiff, and those averments are therefore denied with strict proof demanded at time of trial. 11. This Defendant is without knowledge or information sufficient to form a belief as to any alleged medical treatments, medications, etc. as set forth at paragraph 11, and those averments are specifically denied with strict proof demanded at time of trial. 12.This Defendant is without knowledge or information sufficient to form a belief as to any of the allegations set forth in paragraph 12 regarding future medical expenses,and those averments are specifically denied with strict proof demanded at time of trial. 13.This Defendant is without knowledge or information sufficient to form a belief as to any of the conditions and/or losses allegedly incurred by Plaintiff as set forth in paragraph 13,and those averments are specifically denied with strict proof demanded at time of trial. 14.This Defendant is without knowledge or information sufficient to form a belief as to any of the conditions and/or losses allegedly incurred by Plaintiff as set forth in paragraph 13,and those averments are specifically denied with strict proof demanded at time of trial. 15. This Defendant is without knowledge or information sufficient to form a belief as to any of the conditions and/or losses allegedly incurred by Plaintiff as set forth in paragraph 13,and those averments are specifically denied with strict proof demanded at time of trial. 16. This Defendant is without knowledge or information sufficient to form a belief as to any alleged work loss or loss of earning capacity'allegedly sustained by Plaintiff, and those allegations are specifically denied with strict proof demanded at time of trial. WHEREFORE, Defendant, Charito Hamilton, respectfully requests that the Complaint be dismissed, with an award of costs, interests, and any other relief this Court deems proper in favor of Defendant. COUNT II KRIS GETZ V. CHARITO HAMILTON 17. The foregoing paragraphs 1 through 16 are hereby reincorporated by reference herein as though fully set forth at length 18.This defendant is without knowledge or information sufficient to form a belief as to any of the alleged loss of consortium averments set forth in paragraph 18, and those averments are specifically denied with strict proof demanded at time of trial. WHEREFORE, Defendant, Charito Hamilton, respectfully requests that the Complaint be dismissed, with an award of costs, interests, and any other relief this Court deems proper in favor of Defendant. NEW MATTER 19. Defendant hereby re-alleges the foregoing paragraphs 1 through 18, as though fully incorporated herein by reference. 20. Plaintiff's Complaint,in whole or in part,fails to state a claim upon which relief can be granted. 21. Plaintiff's claims are barred, in whole or in part, by the defenses of. satisfaction, estoppel, laches,payment, release, and/or waiver. 22. Defendant raises the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and claim the benefit of all defenses to which she may be entitled under said law. These defenses include but are not necessarily limited to the tort defense set forth at 75 Pa.C.S. §1705; and the preclusion against recovery of medical special damages set forth in 75 Pa. C.S. § 1720 and § 1722. 23. If it should be determined that the Plaintiff is entitled to an award of medical special damages, which entitlement has been expressly denied, then and in that event said award must be limited to the amounts actually paid to and accepted by each Plaintiff's various healthcare providers in full satisfaction of their respective invoices. 24. To the extent supported by the evidence, Defendant reserves the right to assert that Plaintiff has failed to mitigate their damages. 25. To the extent supported by the evidence, Defendant reserves the right to assert that Plaintiff's alleged damages,as set forth in the Complaint,were pre-existing and were neither caused by, nor aggravated by, this automobile accident. 26. Plaintiff's damages are excessive, not reasonable and/or not related to the incident described in the Complaint, said damages being specifically denied. 27. The Plaintiff's injuries and/or damages were caused, in whole or in part,by her own contributory/comparative negligence. WHEREFORE, Defendant, Charito Hamilton, requests that Plaintiff's Complaint be dismissed, with an award of costs, interest and any and all other relief this court deems proper. Jury Trial Demanded Respectfully submitted: MARGOLIS EDELSTEIN By:r 0 AL onald E. Reitz Attorney for Defendant, Charito Hamilton VERIFICATION I, Ronald E. Reitz, counsel for Defendant, CHARITQ HAMILTON, state that I am authorized to make this Verification on behalf of the Defendant; that the information set forth in the foregoing Answer and New Matter is true and correct, not of my own knowledge, but from information supplied to me by others; that the purpose of this Verification is to expedite the litigation; and that a Verification by Defendant will be furnished if requested. This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, and is given pursuant to the provisions for verification of pleadings as defined and provided for in the Pennsylvania Rules of Civil Procedure. Dated:-46'-19- 1, o d . I eitz CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been served upon counsel for plaintiff by first-class,U.S. Mail,postage prepaid, this r day of May 2013, as follows: ANGINO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 MARGOLIS EDELSTEIN By: o ald E Attorney for Defendant, Charito Hamilton i OF THE PROTIJON- TA P`, 2013 MAY 23 PH 1: 30 CUMBERLA14D COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ,her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-2050 Civil CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW comes Plaintiffs Trudy L. Getz and Kris E. Getz, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant Charito Hamilton as follows: 19. Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as new matter any material facts which are not merely denials of the averments of the preceding pleading. A review of Defendant's answer to Plaintiffs' Complaint discloses that it either contains admissions or denials of the corresponding paragraphs of Plaintiffs' Complaint but does not set 526059 forth any material allegations of fact, and therefore, Defendant's incorporation of her Answer as New Matter is improper,and no further response is required. 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs' Complaint fails to state a claim upon which relief can be granted. To the contrary, Plaintiffs' Complaint sets forth a cause of action for negligence in the operation of a motor vehicle against the Defendant. 21. Denied. This averment is a conclusion of law to which no responsive pleading i s required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff has reached any settlement or other agreement by which her claim is paid, released, satisfied or waived. Plaintiff further maintains that the defenses of estoppel and latches are not applicable to'her claim. To the contrary, Plaintiff maintains,that the cause of action set forth in the Complaint remains a viable cause of action against the Defendant. 22. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that the Pennsylvania Motor Vehicle Financial Responsibility Law provides defenses to the Defendant, including the defense of limited tort. Defendant Charito Hamilton was an out-of-state Defendant operating a motor vehicle which was registered in a States other than the Commonwealth of Pennsylvania, and therefore, the tort selection contained in the Pennsylvania Motor Vehicle Financial Responsibility Law is inapplicable. If is further denied that Defendant has identified defenses which may be applicable, and therefore, has not placed the Plaintiff on notice of which, if any, defenses are going to be asserted. It is denied that this paragraph preserves any defenses under the Pennsylvania Motor Vehicle Financial Responsibility Law. 526059 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a ftirther response may be deemed proper, the extent of Plaintiffs medical special damages is an evidentiary issue which would be determined at the time proof is required. By way of further response,this alleged defense violates the collateral source rule. 24. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that the Plaintiff Trudy Getz has failed to mitigate her damages, and to the contrary, Plaintiff has at all times followed the advice of her treating physicians in an effort to minimize the effects of the injuries on her daily life and work activities. By way of further response, Defendant may not reserve the right to raise defenses in the future. Any defenses not properly raised in New Matter are waived. 25. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a firther response maybe deemed proper, it is specifically denied that Plaintiffs condition pre-existed the accident, and to the contrary, Plaintiff maintains that the condition was caused or aggravated by the Defendant's negligence in the operation of her motor vehicle, 26. Denied. This averment is a conclusory statement unsupported by any factual averments and therefore no further response is necessary. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs' claim of damages is excessive or unreasonable or unrelated to the motor vehicle accident. To the contrary, Plaintiffs' damages are fully recoverable against Defendant as asserted in Plaintiffs' Complaint. 27. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that 526059 the Plaintiff Trudy Getz was negligent in any manner upon the cause of action asserted in Plaintiffs' Complaint. To the contrary, Trudy Getz was operating her vehicle within the posted speed limit and was unable to stop when the Defendant turned directly in her path within her assured clear distance ahead creating or presenting her with a sudden emergency. Plaintiff maintains that the cause of the accident was solely the negligence of the Defendant as asserted in Plaintiffs' Complaint. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant Charito Hamilton's New Matter enter judgment in favor of Plaintiffs and against Defendant Charito Hamilton. Z G , P.C. hael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mko'sik @angino-rovner.com Attorney for Plaintiff 526059 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN SS. AFFIDAVIT I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs, and the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information, and belief. .Michael E. Kosik Sworn to and subscribed before me this day of &Publi Not My Commission Expires: cuMlleMwRN►r+eNSYtv�NU► NOTARIAL SEAL. L ETZV98I I;Not:y`,Pift $Ulf alodm1wo..Dauph�n G &nE res Au ._. 1 `.. 526059 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Ronald L. Reitz, Esquire Margolis Edelstein 525 William Penn Place, Ste. 3300 Pittsburgh, PA 15219 (412)281-4256 Attorney for Defendant 4 \ Michelle M. Milojevich Dated: -S j/C�C) 526059 MARGOLIS EDELSTEIN F ILED_CIF F ICE BY: RONALD E. REITZ, ESQUIRE Or THE Pi?OTHONOTAR)," I.D.NO. 55408 � � 525 WILLIAM PENN PLACE ' 5 SUITE 3300 CUMBERLAND COUNTY PITTSBURGH, PA 15219 PENNSYLVANIA 412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and COURT OF COMMON PLEAS OF KRIS E. GETZ, her husband, CUMBERLAND COUNTY Plaintiffs CIVIL ACTION- LAW V. CHARITO HAMILTON, NO. 13-2050 CIVIL Defendant. JURY TRIAL DEMANDED NOTICE OF SERVICE OF DEFENDANT'S DISCOVERY REQUESTS DIRECTED TO PLAINTIFFS I hereby certify that DEFENDANT'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS were forwarded to the following by United States first-class mail,postage prepaid,this ay of June,2013: ANGINO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 Respectfully submitted: MARGO S ELSTEIN By: onald E. eitz Attorney for Defendant, Charito Hamilton MARGOLIS EDELSTEIN ' y E P t O T H QN Q T . ,`r BY: RONALD E. REITZ, ESQUIRE 1013 OCT 1 n PH 1: 39 I.D.NO. 55408 525 WILLIAM PENN PLACE CUMBERLAND COUNTY SUITE 3300 PENNSYLVANIA PITTSBURGH, PA 15219 412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 13-2050 Civil CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED NOTICE OF SERVICE I hereby certify DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES AND DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS were forwarded to the following by United States first-class mail, postage prepaid, this 7A day of October, 2013: ANGINO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 Respectfully submitted: MARGO IS EDELSTEIN er,f By: Ronald E. Reitz Attorney for Defendant, Charito Hamilton i N X €rF 1 j PROTHONOTARY��:�— lf f s i� MARGOLIS EDELSTEIN BY: RONALD E. REITZ, ESQUIRE 2013 OCT 24 PM 1; 50 I.D. NO. 55408 525 WILLIAM PENN PLACE CUMBERLAND COUNTY SUITE 3300 PENNSYLVANIA PITTSBURGH, PA 15219 412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — LAW V. NO. 13-2050 Civil CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION OF PLAINTIFF KRIS E. GETZ TO: KRIS E. GETZ c/o Michael E. Kosik, Esq. ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 PLEASE TAKE NOTICE that the deposition of KRIS E. GETZ will be taken for the purpose of discovery and use in court pursuant to the Pennsylvania Rules of Civil Procedure, before a Notary Public duly authorized by law to administer oaths, on Thursday, October 31, 2013 at 11:00 a.m., and/or immediately following the deposition of Trudy L. Getz, at the offices of Plaintiffs' counsel, listed above. The deposition shall continue from day to day until completed. Respectfully submitted: MARGOLIS DELSTEIN R al . Reitz Attorney for Defendant, Charito Hamilton CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing NOTICE OF DEPOSITION OF PLAINTIFF KRIS E. GETZ has been served by regular U.S. mail, postage prepaid, this Sf day of October, 2013, on: ANGINO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifo Respectfully submitted: MARGOLIS EDELSTEIN Ronald E. Reitz / Attorney for Defendant, Charito Hamilton r�r JrF MARGOLIS EDELSTEIN ION,0 TA, BY: RONALD E. REITZ, ESQUIRE 2�"30CT 24 ptj ,+ I.D.NO. 55408 60 525 WILLIAM PENN PLACE CUMBE LAtjo COUNTY SUITE 3300 LVANJA PITTSBURGH, PA 15219 '412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-2050 Civil CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION OF PLAINTIFF, TRUDY L GETZ TO: TRUDY L. GETZ c/o Michael E. Kosik, Esq. ANGINO &ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 PLEASE TAKE NOTICE that the deposition of TRUDY L. GETZ will be taken for the purpose of discovery and use in court pursuant to the Pennsylvania Rules of Civil Procedure,before a Notary Public duly authorized by law to administer oaths,on Thursday, October 31, 20.13 at 10:00 a.m., at the-offices of Plaintiffs'counsel, listed above. The deposition shall continue from day to day until completed. Respectfully submitted: MARGOLIS EDELSTEIN Ron d E. Reitz Attorney for Defendant, Charito Hamilton CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing NOTICE OF DEPOSITION OF PLAINTIFF TRUDY L. GETZ has been served by regular U.S. mail, postage prepaid, this day of October, 2013, on: ANG1NO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifj) Respectfully submitted: MARGOLIS EDELSTEIN Ronald E. Reitz Attorney for Defendant, Charito Hamilton MARGOLIS EDELSTEIN aRQTH011�1r� ` BY: RONALD E. REITZ, ESQUIRE 2013 NOV _ PM 2; 18 I.D. NO. 55408 525 WILLIAM PENN PLACE "ERLAND COOT TY SUITE 3300 PENNSYLVANIA PITTSBURGH, PA 15219 412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-2050 Civil CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED REVISED NOTICE OF DEPOSITION OF PLAINTIFF TRUDY L. GETZ TO: TRUDY L. GETZ c/o Michael E. Kosik, Esq. ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 PLEASE TAKE NOTICE that the deposition of TRUDY L. GETZ will be taken for the purpose of discovery and use in court pursuant to the Pennsylvania Rules of Civil Procedure, before a Notary Public duly authorized by law to administer oaths, on Tuesday, November 12, 2013 at 1:30 p.m., at the offices of Plaintiffs' counsel, listed above. The deposition shall continue from day to day until completed. Respectfully submitted: MARGOLIS EDELSTEIN n � Ronald E. Reitz Attorney for Defendant, Charito Hamilton CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing REVISED NOTICE OF DEPOSITION OF PLAINTIFF TRUDY L. GETZ has been served by regular U.S. mail, postage prepaid, this 7U� day of October, 2013, on: ANGINO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffi Respectfully submitted: MARGOLIS EDELSTEIN Ro ald E. Reitz Attorney for Defendant, Charito Hamilton MARGOLIS EDELSTEIN `'ESQUIRE P P' BY: RONALD E. REITZ 0; au' / ' I.D. NO. 55408 y PA- 525 WILLIAM PENN PLACE ��,/k,1,,s� L�✓�'�1 SUITE 3300 PITTSBURGH, PA 15219 412-355-4969 412-642-2380 (Fax) TRUDY L. GETZ and IN THE COURT OF COMMON PLEAS KRIS E. GETZ, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — LAW V. NO. 13-2050 Civil CHARITO HAMILTON, Defendant JURY TRIAL DEMANDED REVISED NOTICE OF DEPOSITION OF PLAINTIFF KRIS E. GETZ TO: KRIS E. GETZ c/o Michael E. Kosik, Esq. ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 PLEASE TAKE NOTICE that the deposition of KRIS E. GETZ will be taken for the purpose of discovery and use in court pursuant to the Pennsylvania Rules of Civil Procedure, before a Notary Public duly authorized by law to administer oaths, on Tuesday, November 12, 2013 at 2:30 p.m., and/or immediately following the deposition of Trudy L. Getz, at the offices of Plaintiffs' counsel, listed above. The deposition shall continue from day to day until completed. Respectfully submitted: MARGOLIS EDELSTEIN Ro ald E. Reitz Attorney for Defendant, Charito Hamilton CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing REVISED NOTICE OF DEPOSITION OF PLAINTIFF KRIS E. GETZ has been served by regular U.S. mail, postage prepaid, this ' day of October, 2013, on: ANGINO & ROVNER, P.C. Michael E. Kosik, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifo Respectfully submitted: MARGOLIS EDELSTEIN T Ronald E. Reitz Attorney for Defends , Charito Hamilton SCHMIDT KRAMER Michael E. Kosik, Esquire Attorney ID #: 36513 209 State Street Harrisburg, PA 17101 P(717) 232-6300 F(717) 232-6467 mkosik@schmidtkramer.com Attorneys for Plaintiff TRUDY L. GETZ and KRIS E. GETZ, her husband, Plaintiffs v. CHARITO HAMILTON, Defendant 204 APR 21 Pt 2: A }I S YL �/� r'V � COUNTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 13 -2050 Civil JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff as: Michael Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Please enter my appearance on behalf of the Plaintiff as: SCHMIDT KRAMER Michael E. Kosik, Esquire Attorney ID# : 36513 209 State Street Harrisburg, PA 17101 P(717) 232-6300 F(717) 232 -6467 mkosik @schmidtkramer.com Attorneys for Plaintiff Respectfully Submitted, SCHMIDT KRAMER Michael E. Kosik, Esquire Attorney ID# : 36513 209 State Street Harrisburg, PA 17101 P(717) 232-6300 F(717) 232-6467 mkosik@schmidtkramer.com Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tiffany M. Herb, an employee of the law firm of Schmidt Kramer, P.C., do hereby certify that I am this day serving a true and correct copy of Withdrawal/Entry of Appearance upon all counsel of record via United States first class mail, addressed as follows: Ronald L. Reitz, Esquire Margolis Edelstein 525 William Penn Place, Ste. 3300 Pittsburgh, PA 15219 Attorney for Defendant Date: 1 (01/ y