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Home My WebLink About13-7402 � r Supreme Coup.t4ofXennsylvania Cour otICO mon'Pleas For Prothonotary Use Only: C4i 'Vil Cover Sheet S_ �4 •,- Docket No: i Cumberland ;. J� 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: El Complaint F- Writ of Summons Petition Q Transfer from Another Jurisdiction E3 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Suzanne and Samuel Welch Sharon Bush , Dollar Amount Requested: within arbitration limits I Are money damages requested? ix yes No [ l (check one) Doutside arbitration limits O N Is this a Class Action Suit? ( Yes ED No Is this an MDJAppeal? Ej Yes '@ No A Name of Plaintiff /Appellant's Attorney: David L. Lutz, Esquire, counsel for Plaintiffs Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your 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 Intentional `L Buyer Plaintiff Administrative Agencies 1 Malicious Prosecution Debt Collection: Credit Card E3 Board of Assessment xi Motor Vehicle Debt Collection: Other 0 Board of Elections ,_=� Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include El Employment Dispute: mass tort) E 0 Slander/Libel/ Defamation Discrimination C r1_ Other: Employment Dispute: Other Cl Zoning Board T 171 Other: I Other: O MASS TORT C.. Asbestos N __ Tobacco C Toxic Tort - DES a Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste _ r Other: Ejectment Common Law /Statutory Arbitration i B � Eminent Domain /Condemnation Declaratory Judgment IJ Ground Rent Mandamus MIJ Landlord /Tenant Dispute Q Non - Domestic Relations 17 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY L3 Mortgage Foreclosure: Commercial El Quo Warranto 3 'Dental ® Partition Replevin Legal [3 Quiet Title ( Other: 7-1 Medical 0 Other: Other Professional: Updated 1/1/2011 O i I ! ` NGNDTARY 1013 DEC 16 pH 1 1 6 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff E -mail: dlutz @angino - rovner.com SUZANNE and SAMUEL WELCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P Plaintiffs ii - NO. L4 1) CiUt V. CIVIL ACTION — LAW SHARON BUSH, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without 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. 0 .1 RIGINAL �D_ 540917 / 9�3 d9qHu (0 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 South Bedford Street Carlisle, PA Telephone number- 717- 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes pdginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar 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 reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE 'ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717 - 249 -3166 540917 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 17110 =1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff E -mail: dlutz @angino- rovner.com SUZANNE and SAMUEL WELCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs NO. V. CIVIL ACTION — LAW SHARON BUSH, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Suzanne and Samuel Welch are adult individuals and citizens of the Commonwealth of Pennsylvania who reside in New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Sharon Bush is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 109 11t Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The facts and occurrences hereinafter related took place on or about July 28, 2012, in a Giant Supermarket parking lot located in Fairview Township, York County, Pennsylvania. 4. At that time and place, Plaintiff Suzanne Welch had parked her Saturn in a handicap parking spot in front of the Giant Supermarket. At the time of the subject collision, Mrs. Welch was stationary in her vehicle waiting for a thunderstorm to pass. 540917 5. At the same time and place, Defendant Sharon Bush was operating an Aveo and had parked the front of her vehicle a few feet from the front Mrs. Welch's Saturn. 6. Defendant Bush's right foot slipped off the brake and onto the accelerator causing her vehicle to propel forward and collide into the front of Mrs. Welch's Saturn. 7. The foregoing collision and all of the injuries and damages set forth herein sustained by Plaintiffs Suzanne and Samuel Welch are the direct and proximate result of the negligent manner in which Defendant Sandra Bush operated her motor vehicle as follows: a. causing the front of her vehicle to collide into the front of Mrs. Welch's vehicle; b. failure to stop her vehicle before colliding into the front of Mrs. Welch's vehicle; C. permitting her foot to slip off the brake and onto the accelerator causing her vehicle to propel forward into Mrs. Welch's stationary vehicle; and d. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Suzanne Welch v. Sharon Bush 8. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference. 9. Plaintiff Suzanne Welch sustained painful and severe injuries, which include but are not limited to chronic low back pain, hip pain, pain extending down left leg to the knee, an aggravation of her lumbar degenerative disc disease and an increase of the left -sided disc 540917 2 protrusion at L4 -L5, chronic low back spasms extending up into the thoracic region, and left lumbar radiculopathy. 10. By reason of the aforesaid injuries sustained by Suzanne Welch, she was forced to incur liability for medical treatment, medications, and claim is made therefor. 11. Because of the nature of her injuries, Suzanne Welch has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 12. Suzanne Welch has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 13. Suzanne Welch continues to be plagued by persistent pain and limitation and avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM I1 Samuel Welch v. Sharon Bush 14. Paragraphs 1 through 13 of the Complaint are incorporated herein by reference. 16. As a result of the aforementioned injuries sustained by his wife, Plaintiff Suzanne Welch, Plaintiff Samuel Welch has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Suzanne and Samuel Welch demand judgment against Defendant Sharon Bush for compensatory damages in an amount in excess of Fifty Thousand 540917 3 Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. David . Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 —phone (717) 238 -5610 — fax dlutz@angino-rovner.com Dated: Attorney for Plaintiffs 540917 4 VERIFICATION We, Suzanne and Samuel Welch, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of.18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. A . Witnes Suz e Welch Witness Samuel Welch Dated: 11 C r 540917 4 . ° 17 f ?� 1 11,3:.J 1 1..I/dN:$1A ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com SUZANNE and SAMUEL WELCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs NO. 13-7402 Civil v. CIVIL ACTION—LAW SHARON BUSH, Defendant JURY TRIAL DEMANDED PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary of Cumberland County: Please reinstate the attached Complaint and forward same to the Sheriff for service on Defendant Sharon Bush (along with the revised Request for Service). ANGINO & ROVNER, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz @angino-rovner.com Attorney for Plaintiffs Pb Date: 1,,)11� ,11,\ �{ Cga518 R 300b0(.0 544689 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson j Y 3 Sheriff , a3 ;;, ,� ., ff t 11TOr 4.tP dt#7dC ,YJ Pf Jody S Smith � I►1 19 3, Chief Deputy Richard W Stewart ISERL t CUNT Solicitor h` =RaF-r PENNSYLVANIA Suzanne Welch (et al.) Case Number vs. Sharon Bush 2013-7402 SHERIFF'S RETURN OF SERVICE 01/09/2014 12:50 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: Sharon Bush, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 109 11th Street, New Cumberland Borough, New Cumberland, PA 17070. Per the New Cumberland Postmaster the defendant's new address is 41 Rocky Lane, New Ringgold, PA 17960-91. 01/21/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sharon Bush, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Schuylkill, Pennsylvania to serve the within Complaint& Notice according to law. 02/05/2014 03:07 PM-The requested Complaint& Notice served by the Sheriff of Schuylkill County upon Michael Comisac, who accepted for Sharon Bush, at 41 Rocky Lane, New Ringgold, PA 17960-91. Joseph Groody, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $47.49 SO ANSWERS, February 11, 2014 RONNY R ANDERSON, SHERIFF Thu•feb 6, 2014 11:32AM PAGE: 2 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 * * A F F I D A V I T O F R E T U R N * * I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to : MICHAEL COMISAC (A.P.I.C.) ON 41 ROCKY LANE 02/05/2014 NEW RINGGOLD PA at 15:07 SWORN and subscribed before me this 4,j ' SO ANSWERS day o f -�!_"" :� �. _, `, _ 1 a E� •r r1� 7 - � (Deputy Sheriff) `Y-`r ice. (Prothonotary) (S erif of Schuylkill County End - of - Return (X-17-2014) a - }i rig Ic �'s y... 2 4 FE 2� Ffl 2: 3 7 ` ANDL{� JOHNSON,DUFFIE,STEWART&WEIDNER PEN U 7A 1 N t Y Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com SUZANNE and SAMUEL WELCH, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-7402 Civil SHARON BUSH, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant Sharon Bush in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By: U Wad . Manl , Esquire Attorney I.D. N, 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: February 21, 2014 Attorneys for Defendant, Sharon Bush 607527 22740-3218 • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 21, 2014: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART &WEIDNER By w�' I' V � 1" I Miche E. Neff, Legal Sec,—ary to Wade D. Manley, Esquire f f ar 1 ION 0Tit 11 Af ",`( R 8 AN 11: CU'fL fi I PENNSYLV N1 AN ANGI.NO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North (Front Street Harrisburg, PA 17110 -1708 (717) 238-6791 FAX (717) 238 -5610 Attorneys for Plaintiffs E -mail: dlutz @angino- rovner.com SUZANNE and SAMUEL WELCH, Plaintiffs v. SHARON BUSH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 13 -7402 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 1 To: Defendant Sharon Bush, by and through counsel Wade Manley, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on July 28, 2012, you were operating an Aveo and had parked your vehicle a few feet from a parked Saturn? Admit Deny 549322 2. Do you admit that your right foot slipped off the brake and onto the accelerator causing your Aveo to go forward and come into contact with the front of a Saturn? Admit Date: l/\-7/ 1\k 549322 Deny ANGINO & ROVNER, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 — phone (717) 238 -5610 — fax dlutz@angino-rovner.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT DEFENDANT — SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Wade D. Manley, Esquire Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043 -0109 Attorney for Defendant Date: i \1 \IC\ 549322 JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com P 0 I N 0 11.k 201LI MAR 27 PVI: 35 CUMBERLAND COUNTY PENNSYLVANIA SUZANNE and SAMUEL WELCH, Plaintiffs V. SHARON BUSH, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • • • • NO. 13-7402 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant Sharon Bush in the above-captioned matter. Date: 1-Co , 2014 :612649 22740-3218 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: `) Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant, Sharon Bush CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March Z L , 2014: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER By: dikjp- Mic e e E. Neff, Legal'S t etary to Matthew Ridley, Esquire F ILED-0FFICE OF THE PROTHONOTARY 'yO( AY 19 PH 1: 22 CUMBERLAND COUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com Attorneys for Defendant SUZANNE and SAMUEL WELCH, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-7402 Civil SHARON BUSH, : CIVIL ACTION — LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD Defendant To: SUZANNE and SAMUEL WELCH, Plaintiffs c/o David L. Lutz, Esquire Angino & Lutz, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. DATE: May 16, 2014 607791 22740-3218 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: (L 1 Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com SUZANNE and SAMUEL WELCH, Plaintiffs v. SHARON BUSH, Defendant Attorneys for Defendant • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • NO. 13-7402 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, Sharon Bush, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and files the following Answer and New Matter to the Plaintiffs' Complaint, and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part, denied in part. It is admitted that the Defendant is an adult individual and citizen of the Commonwealth of Pennsylvania. It is denied that the Defendant resides at 109 11th Street, New Cumberland, Cumberland County, Pennsylvania 17070. The Defendant resides at 41 Rocky Lane, New Ringgold, Pennsylvania 17960. 3. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time and place of the subject accident. The facts and occurrences alleged in the Complaint in paragraphs 4 through 16 are admitted or denied as set forth below. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that a collision occurred between the vehicles identified at the date, time and place of the subject accident. The remaining allegations of paragraph 5 are denied and strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time and place of the subject accident. The remaining allegations of Paragraph 6 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said allegations are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time and place of the subject accident. The remaining allegations of Paragraph 7 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said allegations are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. CLAIM I Suzanne Welch v. Sharon Bush 8. The Defendant incorporates her responses in paragraphs 1 through 7 as though fully set forth at length herein. 2 9. Denied. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Denied. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Denied. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Denied. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Denied. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. CLAIM II Samuel Welch v. Sharon Bush 14. The Defendant incorporates her responses in paragraphs 1 through 13 as though fully set forth at length herein. 3 16. Denied. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Sharon Bush, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER By way of additional answer and reply, the answering Defendant, Sharon Bush, raises the following New Matter: 17. Some or all of Plaintiffs' claims are barred by the applicable statute of limitations. 18. Some or all of Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa.C.S.A. §1701 et seq.), and especially by §1722 of that law. 19. Discovery may reveal that the Plaintiffs may have failed to mitigate their damages. 20. Discovery may reveal that some or all of the Plaintiffs' alleged injuries, conditions or damages preexisted the date of the alleged accident and were not caused or aggravated by this accident. 21. Discovery may reveal that some or all of the Plaintiffs' alleged injuries, conditions or damages were caused by the events that occurred subsequent to the accident. 22. To the extent that Plaintiffs have been or will be paid some or all of their damages, then the claims for those damages are barred both by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment generally. 4 23. The Plaintiffs have failed to state a cause of action upon which any relief of any kind can be granted. 24. The Plaintiffsalleged causes of action are barred in whole or in part by the doctrines of comparative negligence and/or contributory negligence, as may be applied to the facts disclosed in discovery. 26. The alleged damages claimed by the Plaintiffs were created and/or caused by individuals under circumstances over whom answering Defendant had no control or right to control. 27. Sudden and unexpected conditions at the time of the accident may have created an emergency for drivers on the roadway, including answering Defendant. WHEREFORE, the Defendant, Sharon Bush, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. Date: May 16, 2014 607791 22740-3218 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 5 Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant, Sharon Bush VERIFICATION 1, SHARON BUSH, hereby acknowledge that I am a Defendant in this action; that- I have read the foregoing Answer of Defendant, Sharon Bush, to Plaintiffs' Complaint with New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE: c_5'144.--4114 608568 SHARON BUSH CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 16, 2014: David L. Lutz, Esquire Angino & Lutz, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER By: Micheli E. Neff, Legal Secre, Matthew Ridley, Esquire 2074 PENNS"y C NIA a: A ANGINO & LUTZ, P.C. David L. Lutz, Esquire Attorney -11M 35956 4503 North -Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff E-mail: dlutz@anginolutz.com SUZANNE and SAMUEL WELCH, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 13=7402 Civil CIVIL ACTION — LAW SHARON BUSH, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S. NEW MATTER 17. through; 27. Defendant's New Matter, paragraphs 17 through 27, are all conclusions of 'awl to which the Plaintiffs need not respond. The factual allegations contained in the Plaintiffs' Complaint are incorporated herein by reference. 552404 WHEREFORE, Plaintiffs respectfully request that the Defendant's New Matter be dismissed. rat 1�k Date: 5 552404 AN 'araO & LUTZ, P.C. • . utz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby. certify that I am this day serving a true and correct copy of the PLAINTIFFS' REPLY TO THE DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Matthew Ridley, Esquire Wade D. Manley, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: 6 �d-� l 552404 741 ANGINO & LUTZ, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 PHONE: (717) 238-6791 FAX: (717) 238-5610 E-mail: dlutz@anginolutz.com FILED -OFFICE OF the P 0THDNoTA .r 2014 SEP -8 All 11: 25 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiffs: SUZANNE and SAMUEL WELCH, Plaintiffs v. SHARON BUSH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 13-7402 Civil JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esquire, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above -captioned action is at issue. 2. The claim of the Plaintiff in the action is $50,000. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case(s) as counsel or otherwise disqualified to sit as arbitrators: David L. Lutz, Esquire, 4503 North Front Street, Harrisburg, PA 17110; Matthew Ridley, Esquire, Wade D. Manley, Esquire, Johnson Duffle, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 Cc,Ack8 u-) jos 556425 WHEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: -5 '\1 556425 ANGINO & LUTZ, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Matthew Ridley, Esquire Wade D. Manley, Esquire Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: 556425 SUZANNE and SAMUEL WELCH, Plaintiffs V. SHARON BUSH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 13-7402 Civil JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 25-4day of ,alt12014, in consideration of the foregoing petition, , Esq. , Esq. and 911%L4 , Esq. are appointed arbitrators in the above - captioned action as prayed for. BY THE COURT: Distribution: David L. Lutz, Esquire, Angino & Lutz, P.C., 4503 N. Front Street, Harrisburg, PA 17110 Matthew Ridley, Esquire/Wade D. Manley, Esquire, Johnson Duffle, 301 Market Street, P.O. Box 109, Lemoyne, PA 1.7043-0109 e5 4'/.)‘7/1/ rr, -0 C.7) 556425