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HomeMy WebLinkAbout13-6447 Supreme Co nnsylvania COu f. o%1 leas For Protltonolmy Use Oytly: Docket No: County L 13, The inforrnuttiott collected on this form is used solely for corm adntinish•ationt purposes. This form does not supplentent op replace the filing and service of pleadings on• other papers as m tired Gr lmi or miles of court Cojptnencement of Action: S R1 Coinplaat 13 Writ ofSunmmns © Petition E 0 Ti ansferfiomAnotherJurisdiction El DeclanationofTakiig C Lead Plai riti$'s Name: Lead Dcfcnda is Nanic: T awe I Are money damages requested? dYes (3 No Dollar Annolnrt equested: w�hui arbitration lirrrks 0 (check one) Et outside arbitrationlnnits N Is this a Class Action Suit.? ® Yes � No Is this anAIDJAppeal? 0 Yes G1 No A Natne ofPlaintiff/Appellant's Attorney: 13 Check here if you have no attomey (air, a Self - Represented [Pro Se] Litigant) Nature of the Case Place wi `X" to the left ofthe ONE case category that most acctuatel�7 desaibes yoin PRIB14RIr C4SE. 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FELDHAUSEN, Plaintiff, CIVIL ACTION - LAW V. 3- c.p q � nVI- No. RYAN J. BIELAWA, Defendant. Jury Trial Demanded NOTICE You have been sued in court. If you wish to defend yourself 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, 34 S. Bedford Street, Carlisle, Pennsylvania Telephone Number 717 - 249 -3166 a X103 � IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. FELDHAUSEN, Plaintiff, CIVIL ACTION - LAW V. . No. RYAN J. BIELAWA, Defendant.. Jury Trial Demanded COMPLAINT AND NOW comes the Plaintiff, John J. Feldhausen, by and through his counsel, Alina M. Dusharm, Esq., and the firm, Stone, Duncan & Linsenbach, PC, and avers as follows: NATURE OF ACTION 1. Plaintiffs seek damages for injuries sustained as a result of an automobile accident which occurred on May 26, 2012, in Lower Allen Township, Cumberland County, Pennsylvania. PARTIES 2. Plaintiff, John Fedlhausen, is a citizen of the Commonwealth of Pennsylvania and an adult individual residing at 105 Woodside Dr., Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Ryan Bielawa, is a citizen of the Commonwealth of Pennsylvania and an adult individual residing at 605 W. Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. ti FACTUAL AND LEGAL ALLEGATIONS 4. The accident which gives rises to the causes of action herein occurred at approximately 6:30 a.m. on May 26, 2012, as Plaintiff, John Feldhausen, was operating a 2011 Ford Escape, traveling East on Rt. 114, Main Street in Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforementioned time and place, Defendant, Ryan Bielawa, was operating a 2003 Audi A4, registered in Pennsylvania, bearing License Plate #HYC9199. 6. At the aforesaid time and place, Defendant was operating his vehicle westbound on Rt. 114 as he approached Plaintiff's automobile and another automobile operated by Steven Beatty. 7. At the aforesaid time and place, Defedant was operating his automobile while under the influence of alcohol and not focused on the road ahead of him, or the cars approaching in the opposite direction. 8. Defendant crossed the double yellow line into the lane of the oncoming automobiles, sideswiping the front driver's side of Plaintiff Feldhausen's automobile, and continued on in the direction of the following car operated by Mr. Beatty. 9. Mr. Beatty was able to avoid collision with Defendant, but instead, was run head on into a utility pole. 10. Plaintiff did not have time to react and after being sideswiped, was forced to crash . head on into a tree, causing personal injuries and damages to the Plaintiff. 11. Because of the damage to the automobile, and the deployment of the airbag, Plaintiff was trapped- inside of his damaged vehicle for over 15 minutes, afraid for his life, until first responders were able to pry him out after finding his location. 12. Plaintiff's vehicle was rendered inoperable and could not be driven from the scene. 13. Defendant was charged by the Lower Allen Township Police for careless driving, DUI: General Impairment, DUI: High Rate of Alcohol, and Disregarding Traffic Lanes. 14. Defendant had previously been charged with DUI: General Impairment and DUI: Highest Rate of Alcohol less than two months previous to this incident. 15. The charges are currently still pending as Defendant has failed to show up for a pre- trial conference. A bench warrant has been issued for his arrest. COUNTI NEGLIGENCE 16. The averments in paragraph 1 -14 are incorporated herein by reference as if set forth in full. 17. Defendants owed Plaintiff a duty of care to take reasonable precautions to not carelessly and recklessly put Plaintiff at risk of sever bodily injury. 18. The violent collision and the attendant serious and permanent injuries to the Plaintiff set forth herein were directly and proximately caused by the negligent, careless and reckless acts of Defendants in the following particulars: a. In operating his vehicle in a careless or reckless disregard for the safety of other persons and/or property and in particular, in violation of 75 P.S. 3714 and 75 P.S. 3736; b. In operating his vehicle while under the influence of alcohol, in violation of 75 P.S. 3804; C. In allowing his vehicle to violently collide into the front of Plaintiff's vehicle; d. In failing to observe Plaintiffs' vehicle when Defendant knew or should have known of the presence of Plaintiffs' vehicle; e. In operating his vehicle in such a manner as to disregard the rights of other vehicles lawfully upon the roadway; f. In failing to properly operate and control his motor vehicle; g. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; h. In failing to make proper and adequate observations of the existing circumstances; L In failing to make proper and adequate reaction to the existing circumstances; j. In otherwise failing to exercise due care under the circumstances. 19. The aforesaid accident was caused by the carelessness, negligence and recklessness of Defendant and was in no way caused by Plaintiff John Feldhausen. 20. As a direct and proximate result of the Defendants' negligence, Plaintiff has sustained serious injuries including, but not limited to, back, side, shoulder and wrist pain, abrasions to the right leg and left hand, rib injury and knee injuries. 21. As a direct and proximate result of the negligence of Defendants, Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation. 22. Plaintiff claims compensatory damages, including medical bills, future medical bills, pain and suffering, and other relief as equity and justice would require. WHEREFORE, Plaintiff respectfully requests this Honorable Court review the actions of the Defendants and grant judgment in favor of the Plaintiff. Respectfu bmitted, STO , DUNCA , & AKSENhArCh, P.C. ALINA M. DUSHARM ESQUIRE PA I.D. #309861 Attorneys for Petitioner 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717- 432 -2089 Fax: 717- 432 -0158 s VERIFICATION The above Complaint is based upon information which I have furnished to triy counsel . and information which has been gathered by my counsel ;in preparation. of this matter. The language of the Complaint is of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given. to my counsel, it is true' and correct to the best of my knowledge information and belief. To the extent that the content of the Complaint is that of counsel, l ;have relied upon counsel in making this verification. 1; John laeldhausen, hereby verify that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa..C.S. §4904 relating to unsworn falsification to authorities. PATE: 100 j3 B Joh J ldhausen i 0246354211.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN,ESQ. ATTORNEY FOR DEFENDANT Identification No. 89936 Ryan J. Bielawa 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOHN J. FELDHAUSEN, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. NO. 13-6447 RYAN J. BIELAWA, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my Appearance on behalf of Ryan J. Bielawa in reference to the above- captioned case. LAURIE B. TILGHMAN,ESQ. Attorney for Defendant Ryan J. Bielawa I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class Mail. r . CI7 C y �CD —x sue,C: �"°_ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff Jody S Smith Chief Deputy DEC 1 7 AH e Richard W Stewart �-1�J$,� ���� i� ���k y ` Solicitor PENNSYLVANIA � John Joseph Feldhausen Case Number vs. Ryan Jordan Bielawa 2013-6447 SHERIFF'S RETURN OF SERVICE 11/25/2013 02:40 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ryan Jordan Bielawa, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as Not Found"at 605 W. Lisburn Road, Upper Allen, Mechanicsburg, PA 17055. Deputies were advised by landlord that moved over one year ago. SHERIFF COST: $39.30 SO ANSWERS, December 05, 2013 RONR ANDERSON, SHERIFF 2011i FEB I0 PM f: 46 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JOHN J. FELDHAUSEN, Plaintiff, CIVIL ACTION - LAW v. No. 13-6447 RYAN J.BIELAWA, Defendant. Jury Trial Demanded Praecipe to Reinstate TO THE PROTHONOTARY: Please reinstate the Complaint against Ryan Bielawa, individual whose residence is 528 Bosler Avenue, Lemoyne, Pennsylvania 17403. The Complaint shall be reinstated and forwarded to the Sheriff. Date: STONE, DUNCAN, & LINSENBACH, PC LtA21........L.----- ASON B. DUNCAN,ESQUIRE I. D. #87946 8 N. Baltimore St. Dillsburg, PA 17019 Phone: 717-432-2089 Fax: 717-432-0158 Attorney for Plaintiff S 0.14 47 Ia . ay-4 1 1 'R.-W3 DI Li LI(to SHERIFF'S OFFICE OF CUMBERLAND COUNTY Il a --Ronny R Anderson Sheriff ;4 HON' ,).,. . Jody S 2314 FEB 2$ PM ; 9 Chief Deputy " Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA John Joseph Feldhausen Case Number vs. Ryan Jordan Bielawa 2013-6447 SHERIFF'S RETURN OF SERVICE 02/19/2014 03:45 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ryan Jordan Bielawa at 100 Bridge Street, New Cumberland, PA 17070. IE DIMARTL "PUTY SHERIFF COST: $72.07 SO ANSWERS, February 24, 2014 RON■Y R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS THE PR° CUMBERLAND COUNTY, PENNSYLVANIA LORMAR 13 Ail H 30 CUMBERLAND COUNTY PENNSYLVANIA JOHN J. FELDHAUSEN, Plaintiff, v. RYAN J. BIELAWA, Defendant. TO: Defendant c/o Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 CIVIL ACTION - LAW No. 13-6447 Jury Trial Demanded DATE: March 11, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association, 100 South Street, Harrisburg, PA 17101 Telephone Number: (800) 692-7375 or (717) 238-6807 STON DUNC & LINSENBACH, P.C. Ai?,) CeA/ Jason B. Duncan, Esquire (#87946) 8 N. Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fax: (717) 432-0158 4111h-..-61 1,1 4 CERTIFICATE OF SERVICE do hereby certify that I have served a true and correct copy of Plaintiff's 10 Day Notice upon the following by first class mail: Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Suite 101-B Allentown, PA 18195 insenbach, egal Our File No. 0246354211.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA. 18195 Telephone: (610) 398-5492 JOHN J. FELDHAUSEN, PLAINTIFF VS. RYAN J. BIELAWA, DEFENDANT A I I ORNEY FOR DEFENDANT Ryan J. Bielawa COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-6447 ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Ryan J. Bielawa, in reference to the above- captioned case. LAURIE B. I ILGHMAN, ESQ. Attorney for Defendant(s) Ryan J. Bielawa I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular US Mail. Our File No. 0246354211.1- LAW 01-HCES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE ATTORNEY FOR DEFENDANT Identification No. 89936 Ryan J. Bielawa 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOHN J. 1-±, DHAUSEN, PLAINTIFF VS. RYAN J. BIELAWA, DEFENDANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-6447 DEMAND FOR JURY TRIAL C-, TO THE CLERK: Defendant, Ryan J. Bielawa, Demand(s) a Jury Trial of twelve (12) in reference to the above-captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Ryan J. Bielawa I hereby certify that I have served a copy of this paper upon their attorney of record by regular First Class mail. 1 other parties or 0246354211.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101 -B Allentown, PA 18195 Telephone: (610) 398 -5492 JOHN J. FELDHAUSEN, Plaintiff vs. RYAN J. BIELAWA, Defendant TO: John J. Feldhausen, Plaintiff CIO Jason B. Duncan, Esq. 8 North Baltimore St Dillsburg, PA 17019 -1210 '--OFFICE } p 0 f HONOTA: . ATTORNEY FOR DEFENDANT 20 I ii MB 2 4 AM I i: 4 3 Ryan J. Bielawa CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13 -6447 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), Ryan J. Bielawa, TO PLAINTIFF'S(S) COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. DATED: V o,„ AURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Ryan J. Bielawa 0246354211.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101 -B Allentown, PA 18195 Telephone: (610) 398 -5492 JOHN J. FELDHAUSEN, Plaintiff vs. RYAN J. BIELAWA, Defendant ATTORNEY FOR DEPENDANT Ryan J. Bielawa COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13 -6447 DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Ryan J. Bielawa, by and through the undersigned counsel, answer(s) the Plaintiff's Complaint as follows: 1. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 2. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 3. DENIED. Upon information and belief, Defendant resides at 100 Bridge Street, New Cumberland, PA 17070. 4. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 5. ADM11"1'ED. 6. ADMITTED. 7. DENIED pursuant to Pa.R.C.P. 1029(e). 8. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. 9. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 10. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 11. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 12. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 13. ADMITTED. 14. DENIED pursuant to Pa.R.C.P. 1029(e). 15. DENIED pursuant to Pa.R.C.P. 1029(e). COUNT I 16. DENIED. Answering Defendant(s) incorporate(s) by reference the responsive pleadings set forth in the previous paragraphs of Defendant(s) Answer as though same were fully set forth at length. 17. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. 18. (a j, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was /were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 19. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was /were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 20. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was /were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 21. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was /were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 22. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is /are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. parties. WHEREFORE, Defendant, Ryan J. Bielawa, demands Judgment in His favor and against all DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 23. Financial Responsibility Law All causes of action and/or claims as set forth in all Civil Action(s) /Complaints(s) are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 24. Limited Tort-ACT 6 All causes of action and/or claims as set forth in all Civil Actions /Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, including but not limited to the "limited tort" provisions of Section 1705, and in accordance with the "tort option" chosen and/or elected in the policy of insurance purportedly providing coverage for the accident in question. 25. Limited Tort- Uninsured Owner All causes of action and/or claims as set forth in all Civil Actions /Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, as Plaintiff(s) owned a currently registered private passenger motor vehicle for which he did not have financial responsibility at the time of the accident. Therefore, Plaintiff(s) is deemed to have elected the limited tort option and is thus precluded from recovering against the Defendant(s). 26. Failure to State Cause of Action The Civil Actions /Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 27. Set Off and/or Credit Answering Defendants have a right to a credit, or set off in the amount of any uninsured motorist benefits secured by Plaintiff, against any jury verdict or award which may be entered against answering Defendants. 28. Doctrine of Mitigation of Damages Plaintiff's injuries or damages are barred and/or limited by the Doctrine of Mitigation of Damages. 29. Admissibility of Medical Expenses/Wages The admissibility of the Plaintiff's medical expenses and/or wage loss is bared and/or accordingly limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended, and more specifically the collateral source rule of 75 Pa.C.S.A. Section 1722. parties. WHEREFORE, Defendant, Ryan J. Bielawa, demands Judgment in His favor and against all LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Ryan J. Bielawa VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Ryan J. Bielawa, and the facts set forth in the foregoing pleading are true and correct to the best of His knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Ryan J. Bielawa CERTIFICATE OF SERVICE I do hereby certify that on March 20, 2014 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. AURTF, B. TILGHMAN, ESQ. Attorney for Defendant(s) Ryan J. Bielawa Our File No. 0246354211.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Al FORNEY FOR DEFENDANT Identification No. 89936 Ryan J. Bielawa 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOHN J. FELDHAUSEN, PLAINTIFF VS. RYAN J. BIELAWA, DEFENDANT TO THE CLERK: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-6447 CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of Defendant's Interrogatories Addressed to Plaintiff, John J. Feldhausen; Defendant's Request for Admissions Directed to Plaintiff, John J. Feldhausen, with Accompanying Interrogatories; and, Defendant's Request for Production of Documents Directed to Plaintiff, John J. Feldhausen, were served this date by United States Mail, First Class, postage prepaid, upon: Dated: March 20, 2014 Jason B. Duncan, Esq. 8 North Baltimore St Dillsburg, PA 17019-1210 B. TILGHMAN, ESQ. Attorney for Defendant(s) Ryan J. Bielawa IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. FELDHAUSEN, Plaintiff, v. RYAN J. BIELAWA, Defendant. CIVIL ACTION - LAW No. 13 -6447 Jury Trial Demanded REPLY TO NEW MATTER AND NOW, comes the Plaintiff, John J. Feldhausen, by and through his counsel, Stone, Duncan & Linsenbach, PC, and Jason B. Duncan, Esquire, and files the following Reply to New Matter and in support thereof avers as follows: I. REPLY TO NEW MATTER Plaintiff incorporates by reference paragraphs 1 -22 in the Complaint, and the Defendant's answers thereto, as if fully set forth herein. 23. Denied. The averments in paragraph 23 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(d) and (e). 24. Denied. The averments in paragraph 24 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(d) and (e). 25. Denied. The averments in paragraph 25 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(d) and (e). 26. Denied. The averments in paragraph 26 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(d) and (e). 27. Denied. The averments in paragraph 27 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(d) and (e). 28. Denied. The averments in paragraph 28 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(d) and (e). 29. Denied. The averments in paragraph 29 are legal conclusions to which no responsive pleading is required. To the.extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(d) and (e). WHEREFORE, Plaintiff respectfully requests this Honorable Court review the actions of the Defendant and grant judgment in favor of the Plaintiff. Respectfully Submitted, ST E, DUNCAN, : LINSENBACH, P.C. JA ON B. DUNCAN, ESQUIRE PA I.D. #87946 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717- 432 -2089 Fax: 717 - 432 -0158 CERTIFICATE OF SERVICE I, Lauren Gnnep&Ac `l„ do certify that I have served a copy of Plaintiff's Reply to Defendant's New Matter upon the following by first class mail: DATE: �) (101/ Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive, Suite 101 -B Allentown, PA 18195 Lau insenbach, P 0246354211.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOHN J. FELDHAUSEN, Plaintiff vs. RYAN J. BIELAWA, Defendant ATTORNEY FOR DE1-ENDANT(S) Ryan J. Bielawa COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-6447 ORDER TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled discontinued and ended. co Jahn B. Duncan, Esq. Attorney for Plaintiff(s): John J. Feldhausen Telephone No.: 7174322089 4.8North Baltimore St Dillsburg, PA, 17019-1210