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HomeMy WebLinkAbout13-7475 Supreme Court of Pennsylvania COW Co n Pleas OV -e'..t� et For Prothonotary Use Only: CUM ; - t<R, Docket No: T County - 13 — 7�fr/5 lvcI �TrM 00 / I N" The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 9 Complaint 11 Writ of Summons El Petition [I Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T KELLY VOONG MELANIE CRAVENER I ❑ Check here if you are a Self- Represented (Pro Se) Litigant 0 Name of Plaintiff/Appellant Attorney: DAVID J. FOSTER, ESQUIRE N Dollar Amount Requested: within arbitration limits Are money damages requested? : EgYes El No (Check one) x outside arbitration limits A Is this a Class Action Suit? ❑ Yes ❑x No 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 ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑x Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination C El Other: ❑Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant ! 1 ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 13 Toxic Waste El Ejectment El Common Law /Statutory Arbitration B El Other: El Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 1 KELLY VOONG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : No. 13 '741 a4vi l MELANIE CRAVENER, : CIVIL ACTION — LAW 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 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 South Bedford Street C Carlisle, PA 17103 Phone: (717) 249 -3166 or (800) 990 -9108r PD AI T 1 1 e� 4095 a99 KELLY VOONG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : No. MELANIE CRAVENER, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Kelly Voong, by and through her attorney, David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Complaint: Parties 1. Plaintiff, Kelly Voong, is an adult individual residing at 407 Fourth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant, Melanie Cravener, is an adult individual residing at 2908 Woodshed Terrace, York, York County, Pennsylvania 17403. Material Allegations of Fact 3. The events giving rise to this cause of action occurred at or about 10:15 p.m. /10:30 p.m. on or about July 30, 2012 in the vicinity of the 1500 block of Bridge Street, Borough of New Cumberland, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Kelly Voong, was operating her vehicle on Bridge Street and stopped at a construction zone when Defendant, Melanie Cravener, who was operating her vehicle ahead of the Plaintiff backed up her vehicle -1- rapidly and crashed into the Plaintiff s vehicle from the front ( "front- ending her "), thereby causing the injuries and damages giving rise to this cause of action. Plaintiff v. Defendant — Negligence 5. The averments set forth in paragraphs 1 through 4 above are incorporated herein by reference as if set forth in full. 6. At the aforesaid time and place, the collision, injuries and damages resulting therefrom to the Plaintiff, Kelly Voong, were caused by the negligence, carelessness and /or recklessness of Defendant, Melanie Cravener, in that she: a) operated her vehicle in careless disregard of the safety of persons and property, including the Plaintiff, Kelly Voong, and her vehicle; b) failed to bring her vehicle to a stop before hitting the Plaintiff's vehicle which was lawfully stopped; c) front -ended the Plaintiff's vehicle; d) failed to maintain her vehicle under proper and lawful control; e) failed to keep a proper lookout; f) failed to pay sufficient attention to the roadway and vehicles; g) failed to see what she should have seen; h) failed to notice the imminence of an accident and take the necessary steps to avoid it; and small I) acted without due regard for the safety and rights of other 2 motorists, including the Plaintiff. 7. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Melanie Cravener, the Plaintiff, Kelly Voong, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) disc herniations at C2 -3, C4 -5 and C7-TI; b) left C7 radiculopathy, causing continuous neck pain, shoulder pain, and pain and weakness radiating down her left arm; c) acute cervical strain and sprain; and d) left shoulder trapezius muscle strain. 8. As a further direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Melanie Cravener, the Plaintiff, Kelly Voong, has been and will continue to be obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered; Plaintiff has suffered and will continue to suffer medically determinable physical impairments which limit her in performing all the normal acts and duties which constitute her usual and customary daily activities; Plaintiff has experienced and will continue to experience pain and suffering, Plaintiff has suffered and will continue to suffer a loss of life's pleasures; and Plaintiff has sustained certain incidental costs and expenses. 3 Prayer for Relief WHEREFORE, Plaintiff, Kelly Voong, based on the foregoing allegations, hereby demands that judgment be entered in her favor and against Defendant, Melanie Cravener, in an amount in excess of the compulsory arbitration limits. RESPECTFULLY SUBMITTED: 4 ���� David J. Foster, E �quire PA I.D. No. 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P. O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: dionfoster e ,aol.com Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFF DATED: December. , 2013. 4 VERIFICATION I, Plaintiff, Kelly Voong, do hereby verify that the averments of fact made in the foregoing document are true and correct to the best of my personal knowledge and /or information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. r r By: Kelly Vo ng DATED: December. 2013. 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff nil) t Jody S Smith ` Chief Deputy ;` 'r.x Richard W Stewart Solicitor p, Kelly Voong Case Number vs. 2013-7475 Melanie Cravener SHERIFF'S RETURN OF SERVICE 12/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Melanie Cravener, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 01/13/2014 The requested Complaint& Notice returned by the Sheriff of York County,the within named Defendant Melanie Cravener, not found. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, January 16, 2014 RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber �c�S �F PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations ' 3� Chief Deputy,Administration KELLY VOONG Case Number vs. MELANIE CRAVENER 13-7475 CIVIL SHERIFF'S RETURN OF SERVICE 01/13/2014 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: MELANIE CRAVENER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT&NOTICE AS"NOT FOUND"AT 2908 WOODSHED TERRACE, YORK, PA 17403. PER TENNANT AT THIS ADDRESS. SHE INDICATED THAT SHE HAS LIVED AT THIS ADDRESS FOR 18 YEARS AND HAS NEVER HEARD OF THE DEFENDANT. SHERIFF COST: $24.65 SO ' SWERS, January 13, 2014 -!CHARD P K ERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public PI City of York,York County My Commission Expires Feb.1,2017 '4 \l FR.PENNSY6.YANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this 13TH day of JANUARY , 2014 �- /, III/ (c)C,,,ur:tySuie Sneriff,Telecso!t,Inc 0. Costopoulos, Foster& Fields By: David J. Foster, Esquire 831 Market Street Attorney I.D. 23151 P.O. Box 222 Email: djonfosterna.aol.com Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Attorney for Plaintiff KELLY VOONG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v : No. 13-7475 "' MELANIE CRAVENER, : CIVIL ACTION - LAW ....<�° ' Defendant : JURY TRIAL DEMANDED --= , 2 CD C t�..-.- .._ .-. ; Dr:PRAECIPE TO REINSTATE COMPLAINT --+ :-..-1 TO THE PROTHONOTARY: Please reinstate the attached Plaintiff's Complaint in the above-captioned matter. Thank you. Respectfully submitted: David J. Foster, Es uire P.A. I.D. No.: 23151 Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 -Attorney for Plaintiff Dated: January 29, 2014. 0 a,,,A_ -6 1 f.-75-pcI HIz C L4- 4(a SHERIFF'S .~~.�vo " ~� ��. " .��~~ OF ~=~�.°.��~~.��.��"°=° ~~O Ronny RAnderson L.' /nE /'R 0/HOiloTAR? Sheriff °_' �"" '— /U/� �R 12 PH 2: t / ' .. � `' ot 4, «�*r �~w^ot.1,9. Ch�fDepu� CUMBERLAND COUNTY � Richard W Stewart PENNSYLVANIA Solicitor Kelly Voong vs. Melanie Cravener Case Number SHERIFF'S RETURN OF SERVICE 0207/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Melanie Cravener, bu was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 02/21/2014 08:06 AM - The requested Complaint & Notice served by the Sheriff of York County upon Melanie Cravener, personally, at 305 Ross Avenue, Apt. H, New Cumberland, PA 17070. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, March 05, 2014 »"^ ' RONNY RANOERGON. SHERIFF Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ES Solid Richard E Rice Chief Deputy, Administrate KELLY VOONG VS. MELANIE CRAVENER Case Number 13-7475 CIVIL SHERIFF'S RETURN OF SERVICE 02/21/2014 08:06 AM - DEPUTY BRET NEWCOMER, 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: MELANIE CRAVENER AT 305 ROSS AVENUE, APT. H, NEW CUMBERLAND, PA 17070. SHERIFF COST; $6T80 February 26, 2014 CO BRET NEWCOMER, DEPUTY SO ERS, CH D P KEU LEBE, SHERIFF N ALTH OF PENNSYLVANIA otarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires F. I 2(117 mEtoRFR, ,. • NOTARY Affirmed and subscribed to before me this 26TH day of FEBRUARY 2014 Law Offices of Hubshman & Flood By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276 -4962 Luisa_F_Borelli@Progressive.com Our File #122435712-001 KELLY VOONG V. MELANIE CRAVENER , = wd Ll . i k.'„' y,rIC dy 1N f 'ry 1 %01t+APR —i Pik 2'21 Melanie E. CraveneranC'tJi'SBERLAND COUNT PEARS YLV \NIP : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : 2013 -7475 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Melanie E. Cravener, in the above - captioned matter. Law Offices of Hubshman & Flood By: Luisa F Borelli, Esquire Attorney for Defendant Law Offices of Hubshman & Flood By: Luisa F Bore lli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #122435712-001 KELLY VOONG V. MELANIE CRAVENER Attorney for Defendant, Melanie E. Cravener TOTi,_; Oh APR -7 P 2: 21 CUMPERLAND COUNTY PENNS Y LVANI A : COURT OF COMMON PLEAS : CUMBERLAND COUNTY 2013-7475 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Melanie Cravener, hereby demands trial by eight (8) jurors. Law Offices of Hubshman & Flood By: Luisa F Borelli, Esquire Attorney for Defendant NOTICE TO PLEAD * TO: Plaintiff 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. By Luisa (Borelli, Borelli, Esquire Attorney for Defendant Law Offices of Hubshman & Flood By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #122435712-001 KELLY VOONG V. MELANIE CRAVENER CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their 7 By attorneys by: X regular mail certified mail 0 other Lu a F. Borelli, Esquire Attorney for Defendant Attorney for Defendant, Melanie E. Cravener : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : 2013-7475 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. Plaintiff v. Defendant - Negligence 5. Answering defendant incorporates, by this reference, paragraphs 1 through 4, inclusive, of her answer to plaintiff's Civil 16ion Complaint as fully as though the same were herein set forth at length. 6. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 7-8. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further answer, the answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs' Complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment in her favor. NEW MATTER 9. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 10. Plaintiff has failed to mitigate her damages. 11. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were caused by other entities or parties over which Answering Defendant had no control. 12. Plaintiff's claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 13. Plaintiff voluntarily adopted a dangerous and hazardous method or manner of performing the actions that she was then undertaking when there was a safe method available and she thereby assumed the risk of injury in performing her actions. 14. Plaintiff's claims are barred, or must be reduced, as a result of Plaintiff's own negligence, which was the proximate cause of the incident described in Plaintiff's Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 15. Plaintiff's claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 16. Plaintiff's claims are barred and/or limited by the Pennsylvania Motor Vehicle No- Fault Insurance Act. 17. This Court lacks jurisdiction over the subject matter of the within action. 18. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were not proximately caused by any action or failure to act on behalf of Answering Defendant. 19. Answering Defendant avers that Plaintiffs cause of action is barred or limited by the Sudden Emergency Doctrine. WHEREFORE, Answering Defendant demands judgment in her favor. Date: BY: LAW OFFICES OF HUBSHMAN & FLOOD Luisa F. Borelli Esquire Attorney for Defendant VERIFICATION I, Luisa F. Borelli, Esquire, aver that I am the attorney for the Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. e_- Luisa Borelli, Esquire Law Offices of Hubshman & Flood By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4962 Our File #122435712-001 KELLY VOONG V. MELANIE CRAVENER Attorney for Defendant, Melanie E. Cravener iLLU-LiFFic.,;L THE FROTHONO 21111-1 APR 14 PI2 1 39 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS CUMBERLAND COUNTY : 2013-7475 • DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Melanie Cravener, hereby demands trial by eight (8) jurors. Law Offices of Hubshman & Flood By: Luisa F l3orefli, Esquire Attorney for Defendant NOTICE TO PLEAD TO: Plaintiff 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. By \� Luisa F. 'orelli, Esquire Attorney for Defendant Law Offices of Hubshman & Flood By: Luisa F Borelli, Esquire Attorney ID #9162o 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276 -4962 Our File #122435712 -001 KELLY VOONG V. MELANIE CRAVENER CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys by: X regular mail ❑ certified mail ❑ other By Luisa F. Borelli, Esquire Attorney for Defendant Attorney for Defendant, Melanie E. Cravener : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : 2013-7475 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. Plaintiff v. Defendant - Negligence 5. Answering defendant incorporates, by this reference, paragraphs 1 through 4, inclusive, of her answer to plaintiff's Civil Action Complaint as fully as though the same were herein set forth at length. 6. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 7 -8. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further answer, the answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs' Complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment in her favor. NEW MATTER 9. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 10. Plaintiff has failed to mitigate her damages. 11. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were caused by other entities or parties over which Answering Defendant had no control. 12. Plaintiff's claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 13. Plaintiff voluntarily adopted a dangerous and hazardous method or manner of performing the actions that she was then undertaking when there was a safe method available and she thereby assumed the risk of injury in performing her actions. 14. Plaintiffs claims are barred, or must be reduced, as a result of Plaintiff's own negligence, which was the proximate cause of the incident described in Plaintiff's Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 15. Plaintiff's claims are barred andlor limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 16. Plaintiff's claims are barred andlor limited by the Pennsylvania Motor Vehicle No- Fault Insurance Act. 17. This Court lacks jurisdiction over the subject matter of the within action. 18. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were not proximately caused by any action or failure to act on behalf of Answering Defendant. 19. Answering Defendant avers that Plaintiff's cause of action is barred or limited by the Sudden Emergency Doctrine. WHEREFORE, Answering Defendant demands judgment in her favor. LAW OFFICES OF HUBSHMAN & FLOOD Date: BY: Luisa F. Borelli Esquire Attorney for Defendant VERIFICATION I, Luisa F. Borelli, Esquire, aver that I am the attorney for the Defendant in this case, and I aver that the averments contained in the foregoing pleadings are ,true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Luisa o elli, Esquire Costopoulos, Foster & Fields ---:---rj 831 Market Street _- b _3 P.O. Box 222 Lemoyne, PA 17043 ----E,: Phone: 717.761.2121 Ce_L-,----, Fax: 717.761.4031 E-_-_-. (73717,, By: David J. Foster, Esquire Attorney I.D. 23151 Email: djonfosteraol.con, Attorney for Plaintiffs KELLY VOONG vs. MELANIE CRAVENER COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO: 2013-7475 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied. WHEREFORE, Plaintiff demands judgment in her favor. N) By: Dated: April 17, 2014. David J. Foste'�. Esquire Pa I.D. #23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: djonfoster c(r7aol.com -Counsel for Plaintiff VERIFICATION I, Plaintiff, Kelly Voong, do hereby verify that the averments of fact made in the foregoing document are true and correct to the best of my personal knowledge and/or information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATED: By: CERTIFICATE OF SERVICE I, Tiffany M. Lenda, a legal assistant for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 17TH day of APRIL, 2014, a true and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre -Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and /or number(s): Luisa F. Borelli, Esquire Law Offices of Hubshman & Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Counsel for defendant Melanie Cravener By: COSTOPOULOS, FOSTER & FIELDS Tiffany . Lenda Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #122435712-001 Kelly Voong v. Melanie Cravener Attorney for Defendant, Melanie E. Cravener : Court of Common Pleas : Cumberland County : 2013-7475 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification of the Defendant, Melanie Cravener, for that of counsel, with respect to Defendant's Answer with New Matter to Plaintiffs Complaint. Law Offices of Hubshman, Flood & Bullock By• • e i, Esc1uire Attorney for Defendant VERIFICATION I, Melanie Cravener, aver that I am the defendant in this case and aver that the answers contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief and that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. -S\S11 ate elanie Cravener Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #122435712-001 Kelly Voong V. Melanie,Cravener Attorney for Defendant, Melanie E. Cravener , OF I.: -OFFICE T TE PROTHONOTARY 20i JUN 27 PM 3: I CUMBERLAND COUNTY PENNSYLVANIA : Court of Common Pleas : Cuniberland County 2013-7475 CERTIFICATE PREREQUISITE TOSERV10E OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. s a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (2o) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent`including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney for Defendant Date:6/25/14 Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #9162o 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4962 Our File #122435712-001 Kelly Voong v. Melanie Cravener Attorney for Defendant, Melanie E. Cravener : Court of Common Pleas : Cumberland County • : 2013-7475 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KELLY VOONG: Tristan Radiology Specialists Films TO: David Foster, Esquire Luisa F Borelli, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Avery Jackson. Luisa F Borelli, Esquire, Attorney for Defendant Date of Issue: June 3, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLY VOONG Plaintiff Court of Common Pleas MELANIE E CRAVENER No.2013-7475 Defendant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: Tristan Radiology Specialists (Name of Person or Entity) Within twenty (20) days after. the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and all films/records for the Cervical MRI Studies taken on 12/11/12, pertaining to KELLY VOONG, DOB: January 14, 1966. at 5165 Campus Drive, Suite 200, Plymouth Meeting, PA 19462 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: Name: Luisa F Borelli, Esquire Address: 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone: (610) 276-4962 Supreme Court ID#: 91620 Attorney for: Defendant BY THE COURT: 1.i,E1 2„t L2/:" PRAECIPE FOR LISTING CASE FOR JURY TRIAL 2gillOCT r ptl ti e: (Must be typewritten and submitted in triplicate)CUNRT--, I i TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. Coulr r`l-PL A fin u ioCieWS CAPTION OF CASE jentire caption must be stated in fulll Kelly Voong Melanie Cravener (Plaintiff) vs. (check one) Civil Action — Law 17 Appeal from arbitration (other) No. 2013-7475 Civil Term The trial list will be called on and (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials) vs. Trials commence on Indicate the attorney who will try case for the party who files this praecipe: Luisa F. Borelli, Esquire, Attorney for Defendant Indicate trial counsel for other parties if known: David Foster, Esquire Attorney for Plaintiff 831 Market St., Lemoyne, Pa 17043 This case is ready for trial. Signed: Print Name: Luisa F. Borelli, Esquire Date: 9/30/14 Attorney for: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY VOONG Plaintiff VS No. 2013-7475 CIVIL TERM MELANIE CRAVENER (7. Defendant , nv • .* 0 F-, c::) -; 1 ---,:; • • . - RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in th,e:L1,:.2, . following form: 74, :.-- ..—• _. THE PETITION FOR APPOINTMENT OF ARBITRATORS -0,- -- .-0 Z. C.) ..,.. m. TO THE HONORABLE, THE JUDGES OF SAID COURT: 4. TP Z. --A David J. Foster, Esquire , counsel for the plaintiff/defendant in the abov-e action (or actions), respectfully represents that: I. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ $50,000.00 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David J. Foster, Esquire, William C. Costopoulos, Esquire, Leslie M. Fields, Esquire, George H. Matangos, Esquire, Heidi F. Eakin, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, petition, Esq., and Esq., and Esq., are appointed arbitrators in the above Respectfully submitted, ORDER OF COURT ctot 698. gl4 SlaPari , 20 , in consideration of the foregoing captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY VOONG Plaintiff VS MELANIE CRAVENER Defendant RULE 1312-1 following form: NO. 2013-7475 CIVIL TERM The Petition for Appointment of Arbitrators shall be substantially in the: r.-,` THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: T;r David J. Foster, Esquire , counsel for the plaintiff/defendant in the abov < action (or actions), respectfully represents that: I. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ $50,000.00 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David J. Foster, Esquire, William C. Costopoulos, Esquire, Leslie M. Fields, Esquire, George H. Matangos, Esquire, Heidi F. Eakin, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT ontpa8. s074 NleSS . . AND NOW, a 3 , 20/V , in c sideration of the foregoing, petition, Esq., andP/� Esq., and ~ 61,492 L i_ Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. Ulu :of .rekt Ur5u r /311FeII. 4;475' 1O/a7// tf By the Court KEVIN A,IESS, P.J. KELLY VOONG, Plaintiff V. • IN THE COURT OF COMMON PLEAS OF • • CUMBERLAND COUNTY, PENNSYLVANIA • • CIVIL ACTION - LAW MELANIE CRAVENER, Defendant : 2013-7475 CIVIL TERM RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 10th day of November, 2014, this being the time and place set for the call of the civil trial list, and neither party having appeared, this matter is hereby stricken from the trial list. „...--David J. Foster, Esquire For the Plaintiff ......- Luisa F. Borelli, Esquire For the Defendant Court Administrator -4w/ Prothonotary :vae By the Court, ChrJJtylee L. Peck, J. deeiveizi eijr:04 n4-a4ki 410114 reilt> KELLY VOONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. MELANIE CRAVENER, Defendant : CIVIL ACTION — LAW : NO. 13-7475 CIVIL ORDER AND NOW, this Z. day of December, 2014, the appointment of a Board of Arbitrators in the above -captioned case is VACATED. Vicky Trimmer, Esquire, Chairman, shall be paid the sum of $50.00. icky Trimmer, Esquire Court Administrator 1 BY THE COURT, Kevin Hess, P. J. Kelly Voong v. Melanie Cravener : Court of Common Pleas : Cumberland County : 2013-7475 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter Settled, Discontinued and Ended. 4 David Foster, Esquire Attorney for Plaintiff C3 rte;: =< c.