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Home My WebLink About13-3014 r+ • Supreme Co u ennsylvania Court f Commo Teas For Prothonotary Use Only: ), C VllSe l±Qt Docket No: � ST CU B - LAND' ' 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 ofpleadings or other papers as required by law or rules of court. Commencement of Action: S O Complaint 1] Writ of Summons J' Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: Rosa Lewis Anita M. Wolf T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 1l Yes O No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? O Yes El No Is this an MDJAppeal? Yes 11 No A Name of Plaintiff /Appellant's Attorney: Timothy A. Shollenberger, Esq. O Check here if you have no attorney (are a Self- Represented 1Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS O Intentional O Buyer Plaintiff Administrative Agencies O Malicious Prosecution O Debt Collection: Credit Card O Board of Assessment E3 Motor Vehicle O Debt Collection: Other O Board of Elections O Nuisance O Dept. of Transportation S O Premises Liability O Statutory Appeal: Other O Product Liability (does not include E mass tort) 0 Employment Dispute: O Slander/Libel/ Defamation Discrimination C O Other: O Employment Dispute: Other O Zoning Board T O Other: I O Other: O MASS TORT O Asbestos N O Tobacco O Toxic Tort -DES O Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS O Toxic Waste O Ejectment ®i Common Law /Statutory Arbitration B O Other: ® Eminent Domain/Condemnation O Declaratory Judgment O Ground Rent O Mandamus O Landlord/Tenant Dispute ® Non - Domestic Relations O Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY O Mortgage Foreclosure: Commercial O Quo Warranto O Dental O Partition O Replevin O Legal O Quiet Title O Other: O Medical O Other: O Other Professional: i 1 _ Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, 'PENNSYLVANIA No. ) y_ 301q Ivt* Civil Action - Law JURY TRIAL DEMANDED ROSA LEWIS ANITA M. WOLF 651 Camp Street 1358 Horick Drive Harrisburg, PA 17110 Boiling Springs, PA 17007 Versus C M. (J) C) , PRAECIPE FOR WRIT OF SUMMONS r TO THE PROTHONOTARY OF CUMBERLAND COUNTY: °{ "s Please issue writ of summons in the above - captioned action. N X Writ of Summons shall be issued and forwarded to ( ) Attorney ( x ) Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP Aign of Attorney 2225 Millennium Way Supreme Court I.D. No. 34343 Enola, Pennsylvania 17025 (717) 728 -3200 Date: a a 3 A 103.3 a . WRIT OF SUMMONS 19 12a TO THE ABOVE NAMED DEFENDANT(S): ANITA M. WOLF a Ci Uq YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. f C rothonotary/Clerk of Courts —Civil Division Date: `� l Deputy ( ) Check here if reverse is issued for additional information SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i ,E ra� I 10 ,,. Sheriff �mkthx��4C i, iraril+r�;,1�ff� i 13^ ��,.—E.3 Jody S Smith ?a r"a,4 AM 10: 08 Chief Deputy t�r K cjg L Richard W Stewart . ,. » Solicitor OFFICE OF.TRE :REF:- P PM S YLVA N I A Rosa Lewis Case Number vs. Anita M Wolf 2013-3014 SHERIFF'S RETURN OF SERVICE 05/28/2013 06:49 PM- Deputy Shawn Gutshall, 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:Anita M Wolf at 1358 Horick Drive, Monroe Township, Boiling Springs, A 17007. W' TSHALL, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, May 29, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosok Inc. 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ' ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above -captioned matter on behalf of the Defendant, Anita M. Wolf. Date: June 13 :2014 Respectfully submitted, LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh quire Attorney for Defendant Court I.D. No. 89037 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Thomas S. Brumbaugh, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Date: June 13,2014 Thomas S. Brumbaugh, Eire Attorney for Defendant Court I.D. No. 89037 1 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT PROTHO ri � t'JUN f 7 PE 2: PES NSYLyti COrUtdT 'y A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Date: June 13, 2014 Thomas S. Brumbaugh, E ire Attorney for Defendant Court I.D. 89037 RULE TO FILE COMPLAINT AND NOW, this I day of J(,� Le.... , 2014 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. OTHONOTARY �_ 0 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Thomas S. Brumbaugh, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Date: June 13, 2014 Thomas S. Brumbaugh,"' quire Attorney for Defendant Court I.D. No. 89037 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff PLAINTIFF, Rosa Lewis Plaintiff v. DEFENDANT, Anita M. Wolf Defendant 'iLEO_OF IC OF THE PROTHONOTARY 2014 JUL -2 fIH 11.: 3 9 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-3014 CIVIL ACTION — LAW JURY TRIAL DEMANDED 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 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. 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 REDUCE FEE OR NOFEE. CUMBERLAND COUNTY BARR ASSOCIATION LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff PLAINTIFF, Rosa Lewis Plaintiff v. DEFENDANT, Anita M. Wolf Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-3014 CIVIL ACTION — LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de Ia fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en Ia 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, Ia corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service CUMBERLAND COUNTY BARR ASSOCIATION LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff PLAINTIFF, Rosa Lewis Plaintiff v. DEFENDANT, Anita M. Wolf Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-3014 CIVIL ACTION — LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Rosa Lewis, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Rosa Lewis, is an adult individual who currently resides at 651 Camp Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Anita M. Wolf, is an adult individual whose last known address 1358 Horick Drive, Boiling Springs, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on November 12, 2011, at or about 2:58 p.m. on Trindle Road, Carlisle. 4. At the aforesaid time and place, Plaintiff, Rosa Lewis, is the operator of a 1988 Chevrolet Astro. 5. At the aforesaid time and place, Defendant, Anita M. Wolf, is the operator of.a 2001 Honda Odyssey. 6. At the aforesaid time and place, Plaintiff, is traveling in the westbound direction of 3 travel, in the aforesaid 1988 Chevrolet Astro in Carlisle, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant, Anita M. Wolf, is traveling in the westbound direction of travel and fails to stop her 2001 Honda Odyssey in time; rear - ending the plaintiff who is stopped behind a truck and several cars at a red light. 8. As a result of the aforesaid incident, Plaintiff, Rosa Lewis, has suffered serious and permanent injuries, including but not limited to the following: a. Severe right shin hematoma; b. Aggravation of pre-existing stenosis, spondylosis, and degenerative disk disease of the lumber spine. c. Aggravation of pre-existing degenerative arthritis of the right hip joint; d. Lumbar Radiculopathy; and e. Left hip injury. 9. The aforesaid collision was the direct and proximate result of the negligence of Defendant, Anita M. Wolf, in operating the 2001 Honda Odyssey in a careless and negligent manner as follows: a. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; b. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and at a speed greater than would have permitted her to bring her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; 4 c. In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the plaintiff; and d. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, Rosa Lewis, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, Rosa Lewis, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 12. As a further result of this collision, Plaintiff, Rosa Lewis, has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contact, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 13. As a further result of the aforesaid injuries, Plaintiff, Rosa Lewis, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 14. Plaintiff, Rosa Lewis, was the named insured on a policy of insurance issued to her by Geico Casualty Company bearing policy number 4164-01-46-25 which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit A. Therefore, Plaintiff Rosa Lewis 5 remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Rosa Lewis, demands judgment against Defendant, Anita M. Wolf, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Date: ozoi.l'4 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorne . fir Plaintiff By: 6 i o 'A. hollenberger,. Esq. Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) G:\TIM PORTAL\TIM CASE FILES- OPEN\Lewis, Rosa\Pleadings\061914 Cmplt [oeu].doc 0 VERIFICATION 1, cgwi Lewis , hereby acknowledge that I am a Plaintiff in this action and that I have read the Complo n+ and that the facts stated herein 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. Section 4904, relating to unsworn falsification to authorities. Date: 1 Signature GAGLOBALAWPDATADOCS\INITIAL CONSULT DOCS (SETUPSPertfication.wpd SHOLLENBERGER & JANUZZI, U—P 2225 Millennium Way, Erick, PA 17325 (717) 725-3200 i FAX (717) 725-3200 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff PLAINTIFF, Rosa Lewis Plaintiff v. DEFENDANT, Anita M. Wolf Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-3014 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thisl5fday of July, 2014, I hereby certify that a copy of the foregoing complaint has been served upon the following via U.S. Mail, postage prepaid: Thomas S. Brumbaugh, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Respectfully submitted, Shollenber: -r & Januzzi, LLP othy A. Shollenberger, Esq. ttorney I. D. #34343 By: 14-015728 LAW OFFICE OF SNYDER &DOR€R Thomas S. BruMbau§if,-'Esquire ..... 214 Senate Avenue, Suite_ 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for, Defendant,; Anita-M:"Wolf ROSA LEWIS, L'PLAINTIFF`'� vs. ANITA M. WOLF, DEFENDANT.. i - OF THE PROTHONOTARY. 2014 AUG -4 Aft!I.39 CUMet Rc PEN IS}L AICOUNTY IN THE' COURT OF COMMON PLEAS `CIJMBERLA'ND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY.TRIAL DEMANDED f , NOTICE'TO` TO: Plaintiff: ,You are hereby, notified;to.file a.written,response,to Defendant'.s Answer with New Matter;within twenty (20) days from service hereof or a judgment may be entered against you. Date: August _1, 2014 Respectfully submitted, LAW OFFICE OF SNYDER & DORER >T;homas S. Brumbaugh,r. ire Attorney for Defendant ,,:,l4Court.i10: No. ,,,89037 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 9. Paragraph 9 of Plaintiff's Complaint, including subparagraphs 9(a) through 9(d), are denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 12. Denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). 13. Denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). 14. Denied as a conclusion of law to which no response is required and pursuant 2 to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Anita M. Wolf respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint. NEW MATTER 15. Plaintiff's claims are circumscribed and controlled by and may be limited by the provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701, et seq. 16. To the extent it is proven at trial that Plaintiff is subject to the Limited Tort option under the applicable auto insurance policy, Plaintiff is not entitled to recover for alleged non -economic damages. 17. Plaintiff's Complaint may fail to state a cause of action upon which relief can be granted. 18. Plaintiff may have assumed the risk of injury. 19. Plaintiff may have failed to mitigate her damages. 20. Any acts or omissions of Defendant, Anita M. Wolf were not a substantial cause or factor of the subject incident and/or did not result in the injuries, damages or losses alleged by Plaintiff. 21. Any and all damages, injuries or losses allegedly sustained by Plaintiff may have been proximately caused by individuals and entities other than Defendant, including but not limited to, Plaintiff or others for whose conduct Defendant, Anita M. Wolf is not liable or responsible. 22. The injuries, damages and losses alleged by Plaintiff may have been caused by events unrelated to Defendant, Anita M. Wolf and over which Defendant, Anita M. Wolf 3 had no control and for which Defendant, Anita M. Wolf would not be responsible. 23. Plaintiff's alleged injuries, losses and damages may have been caused by superseding or intervening events or acts of third parties over which Defendant had no control. 24. Plaintiff's alleged injuries may be the result of pre-existing conditions or unrelated events, and may not be a result of the incident alleged in Plaintiffs' Complaint. 25. Plaintiff's claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, or an award at arbitration as may be shown in discovery in this case. WHEREFORE, Defendant, Anita M. Wolf respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint. Date: August 1, 2014 Respectfully submitted, LAW OFFICE OF SNYDER & DORER 4 Thomas S. Brumbaugh quire Attorney for Defendant Court I.D. No. 89037 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Anita M. Wolf verify that the statements made in the foregoing Answer with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated:Q" - q JUL 0 8 2014 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Thomas S. Brumbaugh, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer with New Matter to be served by regular first class mail upon: Date: August 1, 2014 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millepmium Way Enola, PA 17025 Attorney for Plaintiff Thomas S. Brumbaugh, E Attorney for Defendant Court I.D. No. 89037 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT O �u C•204 ,5. AUG -4 dill!: 39 CUMBERLANDPENNS}LV f A��Ty IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff: You are hereby notified to file a written response to Defendant's Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: August 1, 2014 Respectfully submitted, LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh Attorney for Defendant Court I.D. No. 89037 ire 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Anita M. Wolf, by her attorney, Thomas S. Brumbaugh, Esquire and sets forth the following Answer with New Matter to Plaintiff's Complaint: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 2. Admitted. 3. Admitted upon information and belief. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 5. Admitted. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 9. Paragraph 9 of Plaintiff's Complaint, including subparagraphs 9(a) through 9(d), are denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph., and proof thereof is demanded at trial. 12. Denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). 13. Denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). 14. Denied as a conclusion of law to which no response is required and pursuant 2 to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Anita M. Wolf respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint. NEW MATTER 15. Plaintiff's claims are circumscribed and controlled by and may be limited by the provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701, et seq. 16. To the extent it is proven at trial that Plaintiff is subject to the Limited Tort option under the applicable auto insurance policy, Plaintiff is not entitled to recover for alleged non-economic damages. 17. Plaintiff's Complaint may fail to state a cause of action upon which relief can be granted. 18. Plaintiff may have assumed the risk of injury. 19. Plaintiff may have failed to mitigate her damages. 20. Any acts or omissions of Defendant, Anita M. Wolf were not a substantial cause or factor of the subject incident and/or did not result in the injuries, damages or losses alleged by Plaintiff. 21. Any and all damages, injuries or losses allegedly sustained by Plaintiff may have been proximately caused by individuals and entities other than Defendant, including but not limited to, Plaintiff or others for whose conduct Defendant, Anita M. Wolf is not liable or responsible. 22. The injuries, damages and losses alleged by Plaintiff may have been caused by events unrelated to Defendant, Anita M. Wolf and over which Defendant, Anita M. Wolf 3 had no control and for which Defendant, Anita M. Wolf would not be responsible. 23. Plaintiff's alleged injuries, losses and damages may have been caused by superseding or intervening events or acts of third parties over which Defendant had no control. 24. Plaintiff's alleged injuries may be the result of pre-existing conditions or unrelated events, and may not be a result of the incident alleged in Plaintiffs' Complaint. 25. Plaintiff's claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, or an award at arbitration as may be shown in discovery in this case. WHEREFORE, Defendant, Anita M. Wolf respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint. Date: August 1, 2014 Respectfully submitted, LAW OFFICE OF SNYDER & DORER 4 Thomas S. Brumbaugh squire Attorney for Defendant Court I.D. No. 89037 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Anita M. Wolf verify that the statements made in the foregoing Answer with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated:0'` - c, - ,%q si 14-015728 LAW OFFICE OF SNYDER & DORER Thomas S. Brumbaugh, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendant, Anita M. Wolf ROSA LEWIS, PLAINTIFF VS. ANITA M. WOLF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 - 3014 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Thomas S. Brumbaugh, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer with New Matter to be served by regular first class mail upon: Date: August 1, 2014 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millepnium Way Enola, RA 17025 Attorney for Plaintiff Thomas S. Brumbaugh, E Attorney for Defendant Court I.D. No. 89037 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff OF THE PROTHONOTARY 201itSEP -2 PM 2: 45 CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF, Rosa Lewis Plaintiff v. DEFENDANT, Anita M. Wolf Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-3014 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE SAnd now, this ' day of Aq 2014, I hereby certify that a copy of the foregoing Plaintiffs' Reply to Defendant, Anita M. Wolf's New Matter has been served upon the following, via U.S. Mail: Thomas S. Brumbaugh, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 SHOLLENBERGER & JANUZZI, LLP By: Sh • = berger, Esq. A orney ID# 34343 FILEU-OFFICI: OF THE PROTHONOTATO 20SEP 0 F : 145 SHOLLENBERGER & JANUZZI, LLPCUMBERL AND COUNTY i 1M 1 2225 Millennium Way PENNSYLVANIA Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ROSA LEWIS, Plaintiff V. ANITA M. WOLF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-3014 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ay of September, 2014, I hereby certify that a copy of the foregoing Plaintiffs Answers to Defendant's Interrogatories has been served upon the following via U.S. Mail, postage prepaid: Thomas S. Brumbaugh, Esquire Law Office of Snyder & Darer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Respectfully submitted, Shollenber By: anuzzi, LLP jr4Trh/r S ,-/en • Esq. orn y I. D. #3434 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Fkal-OFI-7 OF THE PROTHONOTAR) 21114SEP 10 PN 1:15 CW18E-PLANO COUNTY PEA1NS I.VANIA ROSA LEWIS, Plaintiff V. ANITA M. WOLF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-3014 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this g day of September, 2014, I hereby certify that a copy of the foregoing Plaintiff's Response to Request for Production of Documents has been served upon the following via U.S. Mail, postage prepaid: Thomas S. Brumbaugh, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Respectfully submitted, Shollenberger & Januzzi, LLP By. "/1111/y S enberger, Esq. Attorney I. D. #34343 THE PROTHO.Ni;V;\r:"R SHOLLENBERGER JANUZZI & WOLFE, LLP 2015 12 PM 2: 114 2225 Millennium Way ISERLANO COUNTYEnola, Pennsylvania 17025 DioSPE a C- !la Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 • Attorneys for Plaintiff ROSA LEWIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • v. ANITA M. WOLF, Defendant NO. 1373014 'CIVIL ACTION LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE C And now, this J day of January, 2015, I hereby certify that a true and correct copy of the Notice of Deposition of Defendant, Anita M. Wolf, has been served upon the following via U.S. Mail, postage prepaid, addressed to: Thomas S. Brumbaugh, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 SHOLLENBERGER JANUZZI & WOLFE, LLP