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HomeMy WebLinkAbout13-3068 Supreme C, g nnsylvania COu m b leas For Prothonotary Use Only: Docket No ST Cu County � J b I.J 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 pleadings or other papers as required bylaw or rules of court. Commencement of Action: S 0 Complaint l9 Writ of Summons ® Petition E`. Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: r Lead Defendant's Name: C" ' Nathan A. Grimwood and Meghan E. Grimwood Benjamin F. Barnes, III T f - Dollar Amount Requested: xJ within arbitration limits J Are money damages requested? ll Yes 0 No (check one) Doutside arbitration limits O N Is this a Class Action Suit? 0 Yes a No Is this an MD3 Appeal? . 0 Yes 0 No A, Name of Plaintiff/Appel[ant's Attorney: M 0 Check here if you have no attorney (are a Self- Represented [.Pro Sel 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 consider most important. t r�• TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS t ® Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card ® Board of Assessment ®x Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 4;" ,; ® Nuisance 0 Dept. of Transportation 0 Premises Liability Statutory Appeal: Other a ys ® Product Liability (does not include mass tort) 0 Employment Dispute: Discrimination 0 Slander/Libel/ Defamation ®Other: 0 Employment Dispute: Other ® Zoning Board Other: Other: MASS TORT O ' 0 As Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: n Ejectment (3 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute J Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 13 ' Quo Warranto 0 Dental ® Partition 0 Replevin ® Legal 0 Quiet Title 0 Other: ® Medical 0 Other: w 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action - (x) Law ( ) Equity NATHAN A. GRIMWOOD and BENJAMIN F. BARNES, III MEGHAN E. GRIMWOOD, husband and wife 247 Cumberland Road 503 High Street Camp Hill, PA 171011 Summerdale, PA 17093 versus Plaintiff(s) & Defendars) Address(es) Addres,) - -- PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: C= --- i f7" C-0 Please issue writ of summons in the above - captioned action. X Writ of Summons shall be issued and forwarded to () Attorney (x) Sheriff. Bradford Dorrance 210 Walnut Street ignature of Attorney P.O. Box 11963 Harrisburg PA 17108 -1963 (717) 255 -8014 . Supreme Court ID No. 32147 Names /Address/Telephone No. of Attorney Date: _5 Z9 1 113 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE - NAMED PLAINTIFF(S) HAS /HAVE- COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: Mad cU By Deputy ( ) Check here if reverse issued for additional information SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson, Ci Sheriff �� ��rn�tir�,;rx� � y rt Jody S Smith ' z Chief Deputytf- Richard W Stewart " " `<> Solicitor :z C) art D C5? Nathan A Grimwood (et al.) Case Numberµ vs. Benjamin F Barnes, III 2013-3068 SHERIFF'S RETURN OF SERVICE 06/07/2013 04:56 PM- Deputy Amanda Cobaugh, 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: Benjamin F Barnes, III at 247 Cumberland Road, Lower Allen, Camp Hill, PA 17011. �, (All, CtAeamli, AMANDA COBAUGH, DEPUTY SHERIFF COST: $45.41 SO ANSWERS, x 2:2�/ �- June 10, 2013 RON '� RANDERSON, SHERIFF (c)CountySuite Sheriff,Tcleosoft.Inc. DONALD M. DESSEYN, Esquire ATTORNEYS FOR DEFENDANT Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 NATHAN A. GRIMWOOD and • IN THE COURT OF COMMON PLEAS MEGHAN E. GRIMWOOD, : CUMBERLAND COUNTY, Plaintiffs • PENNSYLVANIA v. • NO. 13-3068 CIVIL BENJAMIN F. BARNES, III Defendant • JURY TRIAL DEMANDED • PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Donald M. Desseyn, Esquire on behalf of Defendant Benjamin F. Barnes, III in the above-captioned matter. Date: / / /3 By: Dona . esseyn, Esquire Attorney for Defendant (yA c--) I'7 �z v - 'C C3 Cy r" DC cam —4 Ni l0 CERTIFICATE OF SERVICE AND NOW, this 16th day of December 2013, I, Donald M. Desseyn, Esquire, Attorney for Defendant Benjamin F. Barnes, III, I hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Bradford Dorrance, Esquire 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 By: 9;iW Dona '. esseynYsquire Attorney for Defendant DONALD M. DESSEYN, Esquire ATTORNEYS FOR DEFENDANT Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 NATHAN A. GRIMWOOD and • IN THE COURT OF COMMON PLEAS MEGHAN E. GRIMWOOD, CUMBERLAND COUNTY, Plaintiffs • PENNSYLVANIA w C) c V. NO. 13-3068 CIVIL • BENJAMIN F. BARNES, III • = r°) " rn Defendant JURY TRIAL DEMANDED y .� -.4 C: C7 p C) PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Issue a Rule upon Plaintiffs to file their complaint against Defendant within twenty days (20) from the date of service hereof; otherwise,judgment of non pros to be entered in accordance with Rule 1037 (a)of the Pennsylvania Rules of Civil Procedure. ,� By: � �� 9�,-.i Dona . esseyn, Esquire Attorney for Defendant RULE AND NOW, this I 1 day of .Pee. 2013, in accordance with the aforesaid Rule, a Rule is issued upon Plaintiffs to file their complaint against Defendant within twenty days from the date of service hereof; otherwise,judgment of non pros to be entered in accordance with Rule 1037 (a) of the Pennsylvania Rules of Civil Procedur-. J Pr I thono :L CERTIFICATE OF SERVICE AND NOW, this 12th day of December 2013, I, Donald M. Desseyn, Esquire, Attorney for Defendant Benjamin F. Barnes, III, I hereby certify that I served a copy of the within Praecipe for Rule to File a Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Bradford Dorrance, Esquire 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 By: Donald . o esseyn, Esquire Attorney for Defendant NATHAN A. GRIMWOOD and : IN THE COURT OF COMMON PLEAS OF MEGHAN E. GRIMWOOD, : CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, Plaintiffs . v. : JURY TRIAL DEMANDED BENJAMIN F. BARNES, III, ' Defendant : No. 13-3068 CIVIL r4J 3 c_ F- u7 r to- ;.a ; N O T I C E ''(-) --4 ..w.. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 A V I S O USTED HA SIDO DEMANDADO/A EN CORTE. Si usted disea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicanado 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 tomas accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFINCINA. ESTA OFINCINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR PRO LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S . Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Dated: By: Bradford Dorrance I . D. #32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFFS -2- NATHAN A. GRIMWOOD and : IN THE COURT OF COMMON PLEAS OF MEGHAN E. GRIMWOOD, : CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, Plaintiffs . v. : JURY TRIAL DEMANDED BENJAMIN F. BARNES, III, •• Defendant : No. 13-3068 CIVIL COMPLAINT 1. Plaintiffs, Nathan A. Grimwood ("Plaintiff" or "Mr. Grimwood") and Meghan E. Grimwood, are married, adult individuals residing at 107 S. 17th Street, Camp Hill, Pennsylvania 17011 . 2 . Defendant, Benjamin F. Barnes, III ("Defendant" or "Mr. Barnes") , is an adult individual residing at 247 Cumberland Road, Camp Hill, Pennsylvania 17011 . ALLEGATIONS COMMON TO ALL COUNTS 3 . On July 6, 2011, at approximately 4 : 43 p.m. , Mr. Grimwood was driving his 2003 Ford Explorer, traveling westbound on the 4700 block of Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania. 4 . At the stated time and location, Mr. Barnes was following Mr. Grimwood' s vehicle, driving his 1998 Chevy S-10 Truck. 5 . Suddenly and without warning, Defendant' s vehicle slammed into the rear of Mr. Grimwood' s Ford Explorer. 6. The force and speed of Defendant' s vehicle caused significant front end damage to his car and a significant fluid leak from the under carriage. 7 . The rear bumper of Mr. Grimwood' s vehicle was also damaged. 8 . The two vehicles were interlocked as a result of the collision. 9. The Hampden Township Police Investigator, Patrolman Jared Zimmerman, promptly arrived at the scene and interviewed the two drivers . 10 . Mr. Barnes admitted looking to his left and taking his eyes off the roadway immediately before striking Mr. Grimwood' s vehicle. 11 . Defendant further conceded that he had not been watching Mr. Grimwood' s vehicle until it was too late for him to stop. 12 . Mr. Grimwood confirmed that he was driving in heavy traffic on the Carlisle Pike when he was rear ended by Mr. Barnes' s vehicle. COUNT I NATHAN A. GRIMWOOD V. BENJAMIN F. BARNES, III 13 . Plaintiff incorporates herein by reference the allegations in paragraphs 1 through 12 above. -2- 14 . The accident was directly and proximately caused by Defendant' s negligence, carelessness, and recklessness, including the following: (a) failing to observe traffic control devices including as he was approaching Mr. Grimwood' s vehicle; (b) operating his vehicle in a careless manner and at an excessive rate of speed under the circumstances; (c) failing to stop or otherwise maintain his vehicle under proper and adequate control so as to prevent the collision with the vehicle in which Mr. Grimwood was riding; (d) failing to keep the proper look out for other vehicles, including the one in which Mr. Grimwood was lawfully operating at the time of the accident; (e) operating his vehicle with no warning of approach or intended direction; and (g) operating his vehicle in violation of the rules of the road and otherwise engaging in conduct which constitutes negligence per se and as a matter of law. 15 . As a direct and proximate result of Defendant' s negligence, Mr. Grimwood has suffered and will continue to suffer from permanent physical injuries, including, without limitation: neck, back, shoulder, and upper arm pain and restrictions; aggravation of lumbar spondylosis and chronic cervicalgia; migraines; and related consequences of such injuries . -3- 16. As a direct and proximate result of the injuries sustained, Mr. Grimwood has suffered and/or suffers and/or may continue to suffer from aggravation of lumbar spondylosis and chronic cervicalgia. 17 . As a direct and proximate result of the injuries sustained, Mr. Grimwood has suffered and/or suffers and/or may continue to suffer shock and injury to the nerves and nervous system and emotional distress; worry, anxiety, apprehension, frustration, humiliation, embarrassment, and degradation. 18 . As a direct and proximate result of the injuries sustained, Mr. Grimwood has been deprived, and/or is deprived, and/or may continue to be deprived of the ordinary pleasures and enjoyment of life . 19. As a direct and proximate result of the injuries sustained, Mr. Grimwood has incurred, and/or is incurring, and/or may continue to incur expenses for medical care, treatment, and surgery, medicines, physical, occupational, and rehabilitative therapy, and other related services . 20 . As a direct and proximate result of the injuries sustained, Mr. Grimwood has suffered, and/or is suffering, and may continue in the future to suffer a loss of earnings and/or his earning power and capacity have been and/or may be diminished in the future. -4- 21. As a direct and proximate result of the injuries sustained, Mr. Grimwood has been or may in the future be prevented from carrying on his intended profession or occupation or any gainful employment. 22 . As a direct and proximate result of defendant' s negligence, Mr. Grimwood has sustained out-of-pocket expenses and other damages . 23 . Alternatively, Defendant' s acts and omissions were substantial or contributing factors in causing Plaintiff' s injuries, as alleged above. WHEREFORE, Plaintiff, Nathan A. Grimwood, demands judgment against Defendant, Benjamin F. Barnes, III, in an amount in excess of $50, 000 (exclusive of interest and costs) , thus exceeding the arbitration limit under local rule. Plaintiff requests such other relief as the court may deem appropriate. COUNT II MEGHAN E. GRIMWOOD V. BENJAMIN F. BARNES, III 24 . Plaintiff incorporates herein by reference the allegations in paragraphs 1 through 23 above . 25 . As a direct and proximate result of defendant' s acts and omissions, plaintiff, Meghan E. Grimwood, has sustained a loss of her husband' s consortium, companionship, society, contributions, and services. -5- 26. As a direct and proximate result of defendant' s acts and omissions, Ms . Grimwood has sustained other losses and damages. 27 . Alternatively, Defendant' s acts and omissions were substantial or contributing factors in causing plaintiff' s injuries, as alleged above. WHEREFORE, Plaintiff, Meghan E. Grimwood, demands judgment against Defendant, Aaron B. Thomas, in an amount in excess of $50, 000 (exclusive of interest and costs) , thus exceeding the arbitration limit under local rule. Plaintiff requests such other relief as the court may deem appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: I -2/1 ) 7.0 ) (t Bradford Dorrance I . D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) -6- VERIFICATION We, Nathan A. Grimwood and Meghan E. Grimwood, hereby verify and state that: 1 . We are the plaintiffs in the foregoing and have personal knowledge of the matters set forth therein. 2 . The facts contained in the foregoing complaint are true and correct to the best of our knowledge, information and belief. 3 . We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities . Dated: OH Nathan A. Gri. ood Dated: I 1 W A A Me ,han .: . Grimwood CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person (s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows : Donald M. Desseyn, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (Attorneys for Defendant) Dated: / /4161 j Y diP� Bradford Dorrance DONALD M. DESSEYN, Esquire Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791 -0400 ATTORNEYS FOR DEFENDANT NATHAN A. GRIMWOOD and IN THE COURT OF COMMON PLEAS MEGHAN E. GRIMWOOD, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA ,..; v. NO. 13 -3068 CIVIL 2`, �,, u- BENJAMIN F. BARNES, III r` �" ;< ; Defendant JURY TRIAL DEMANDED K7. G "7. r) DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Benjamin F. Barnes, III, by and through his counsel, Donald M. Desseyn, Esquire, and for his Answer and New Matter to Plaintiffs' Complaint hereby states as follows: 1. Admitted in part and denied in part. Defendant, based upon information and belief, admits that Plaintiff Nathan A. Grimwood is married and an adult individual; however, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 1 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 2. Admitted. 3. Admitted based upon information and belief. 4. Admitted. 5. Admitted in part and denied in part. Defendant admits that the vehicle he was operating struck the rear of Plaintiff Nathan Grimwood's Ford Explorer; however, Defendant specifically denies each and every remaining allegation as set forth at Paragraph 5 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 6. Admitted in part and denied in part. Defendant admits that the vehicle he was operating suffered front end damage and a resulting fluid leak from his vehicle; however, Defendant specifically denies each and every remaining allegation as set forth at Paragraph 6 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 7. Admitted with clarification. The rear bumper of Plaintiff Nathan Grimwood's vehicle was damaged; however, additional damage to the vehicle was caused by the tow truck operator. 8. Denied. 9. Admitted in part and denied in part. Defendant admits that the Hampton Township Police arrived at the scene of the accident to investigate same; however, Defendant denies the remaining allegations as set forth at Paragraph 9 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 10. Admitted in part and denied in part. Defendant admits that he was distracted which cause him to momentarily look to his left; however, Defendant specifically denies each and every remaining allegation as set forth at Paragraph 10 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 11. Denied. 12. Denied. COUNT 1 13. In Response to Paragraph 13 of Plaintiffs' Complaint, Defendant hereby incorporates each and every answer, aveiment, defense and/or denial as set forth at Paragraphs 1- 12 as if fully rewritten herein. 14. Denied. The allegations as set forth at Paragraph 14 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant specifically denies any allegations of negligence, carelessness and recklessness and responds to each subpart as follows: a.-g. Denied. 15. Denied. The allegations as set forth at Paragraph 15 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 15 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 16. Denied. The allegations as set forth at Paragraph 16 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 16 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 17. Denied. The allegations as set forth at Paragraph 17 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 17 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 18. Denied. The allegations as set forth at Paragraph 18 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 18 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 19. Denied. The allegations as set forth at Paragraph 19 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 19 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 20. Denied. The allegations as set forth at Paragraph 20 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to foul' a belief as to the truth as to the truth of the allegations as set forth at Paragraph 20 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 21. Denied. The allegations as set forth at Paragraph 21 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 21 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 22. Denied. The allegations as set forth at Paragraph 22 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 22 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 23. Denied. The allegations as set forth at Paragraph 23 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant specifically denies the allegations as set forth at Paragraph 23 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. WHEREFORE, Defendant, Benjamin F. Barnes, III, having fully Answered, demands judgment in his favor and against the Plaintiff and requests that Plaintiffs' Complaint be dismissed, with prejudice and that Defendant be awarded costs and any other relief deemed just and proper by this Court. COUNT II 24. In Response to Paragraph 24 of Plaintiffs' Complaint, Defendant hereby incorporates each and every answer, averment, defense and/or denial as set forth at Paragraphs 1- 23 as if fully rewritten herein. 25. Denied. The allegations as set forth at Paragraph 25 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 25 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 26. Denied. The allegations as set forth at Paragraph 26 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth as to the truth of the allegations as set forth at Paragraph 26 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 27. Denied. The allegations as set forth at Paragraph 27 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant specifically denies the allegations as set forth at Paragraph 27 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. WHEREFORE, Defendant, Benjamin F. Barnes, III, having fully Answered, demands judgment in his favor and against the Plaintiff and requests that Plaintiffs' Complaint be dismissed, with prejudice and that Defendant be awarded costs and any other relief deemed just and proper by this Court. NEW MATTER 28. Plaintiffs' Complaint fails to 'state a cause of action upon which relief can be granted. 29. Any damages or injuries of which Plaintiff may have sustained were the proximate results of acts or omission of others not presently known by this Answering Defendant. 30. Any damages or injuries Plaintiff may have suffered as alleged in his Complaint were solely and proximately caused by his own negligence. 31. Defendant states that if the Plaintiff sustained any damage or injury, such damages or injuries were directly and proximately caused or contributed to by the negligence of the Plaintiff in failing to exercise ordinary care for his own safety under existing circumstances. 32. Plaintiff's failure to exercise reasonable care and/or assumption of the risk caused or contributed to cause any alleged injuries or damaged of Plaintiffs' Complaint and therefore, Plaintiffs' claims against the Defendant are barred or, in the alternative, must be diminished by an amount that is proportionately equally to Plaintiffs' percentage of negligence. 33. Plaintiff has failed to mitigate his damages. 34. Defendant asserts any and all available defenses as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, having fully Answered, Defendant, Benjamin F. Barnes, III, demands judgment in his favor and against the Plaintiffs and requests that the Plaintiffs Complaint be dismissed, with prejudice, and that Defendant be awarded costs and any other relief deemed just and proper by this Court. By: Dona v • essey , squire Attorney for Defendant VERIFI 'ATION Benjamin F. Barnes, HI, a Defendant herein. verify tha 1 arn authorized to execute this Verification and Verify that the facts set forth in the foregoing Defendants Answer and New Matter to Plaintiffs Complaint are true and correct to the hest of my knowledge, information, and belief. To the extent that the contents of 'Defendant's Answer and New Mailer to Plaintiffs' Complaint are that of counsel. 1 have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn lidsilication to authorities. Date: CERTIFICATE OF SERVICE AND NOW, this 19 day of March 2014, I, Donald M. Desseyn, Esquire, Attorney for Defendant Benjamin F. Barnes, III, I hereby certify that I served a copy of the within Praecipe for Rule to File a Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Bradford Dorrance, Esquire 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 / -- By: 44r/ , /— - Dona ----*:' "t esseyn, squire Attorney for Defendant NATHAN A. GRIMWOOD and MEGHAN E. GRIMWOOD, husband and wife, Plaintiffs v. BENJAMIN F. BARNES, III, Defendant : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA : JURY TRIAL DEMANDED : No. 13 -3068 CIVIL - 770 VY -~- ' PLAINTIFFS' REPLY TO NEW MATTER 28 -34. Denied. Paragraphs 28 through 34 are conclusfn of law (or other allegations) to which no responsive pleading is required. To the extent a responsive pleading is deemed to be required, plaintiffs specifically deny the stated allegations in question and demand strict proof thereof, if relevant. Plaintiffs reserve the right to timely amend this Reply if additional information is revealed during discovery. WHEREFORE, plaintiffs, Nathan A. Grimwood and Meghan E. Grimwood, demand judgment in their favor and against defendant, Benjamin F. Barnes, III, as requested in the Complaint. Plaintiffs request such other relief as the Court deems appropriate. Date: -43 ti-2-45C By: Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP adford Dorrance I.D. No. 32147 417 Walnut Street 4th Floor Rear P.O. Box 11963 Harrisburg, PA 17108 -1963 (717) 255 -8014 (Attorneys for Plaintiffs) r VERIFICATION We, Nathan A. Grimwood and Meghan E. Grimwood, hereby verify and state that: 1. We are the plaintiffs in the foregoing and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing reply to new matter are true and correct to the best of our knowledge, information and belief. 3. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 3/31/14 Dated: 3/31/14 CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First -Class Mail, Postage Prepaid Addressed as Follows: Donald M. Desseyn, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 (Attorneys for Defendant) Dated: r 3L 1-?-49 0-t Bradford Dorrance