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HomeMy WebLinkAbout13-7605 DEC /26/2013/THU 10:05 AM Martz & Gailey, LLP FAX No. 717 852 8268 P.002 Supreme C,q a .nnsylvania CoUI • ` �C 1 Xeas For- ?!Whinotary t1se:Uiity: P. ,.� a• , .r,�t / Docket No: j/, ' •. J Ca County' �, :.!�► (.. The information collected on this form i.s used•solely fqr court adniinistration.purposes, This form does not stt - lenient or replace the cling and service o leddings or other paper's as.re uirrid by law - or rules of court.'. Commencement of Action: O •Complaint nt of Summons E3 'Petition S ' ❑ Transfer fro m- AnoYhcr Yurisdiction b 13ec1afatiort.ofTakiag Lead Plaintif'f's Name: T sad efende t' Name: T .. � // Y Are mobs damages requested? 6YYes: 13 No Dollar Amount Requested: ❑ 'v ithin arbitration limits chheck one) lutside arbitration limits . '. Is this a Class Actlo>a Suit?' E3 Yes �No Is this an MDJAppeal? ❑ 'Y'es IINo E1. • ' Namc of Plaintiff /Appellant's Attorney: r iNl Gl Yl 1 Gl, i I. D Check - here if y6tt have no attorney (are a Self Represented [P Sel LitiORt) Mature of the Case place an "X" to the left of the ONE case category that most aocuiately describes your PATMAR-Y CASE. - If yqu'are making more than one t'ype'of claim, check the one that : yqu. consider most important. TORT (do not include Mass Tort) CONTRACT {do not include Judgments) CIVIL APPEALS ❑-•Intentional O Buyer Plaintiff Administrative Agencies 11 Malicious Prosecution 0 Debt ColLection: Credit Card ❑ Board of Assessment 10 Motor vehicle !7 Debt Collection: Other ' ❑ Board of Elections Nuisance O Dept. of Transportation ❑ Premises Liability 0 Statutory Appoal; Other S ❑ .Prgduct Liability. (does not include ❑ to ent Dis u mass tort) l?. ym • ' p t�: " F ' ' Discrimination C3 Slander/Libel/ Defamation C ❑ Other: - ❑ Employment Dispute: Othet El Zoning Board ?r ❑ Other: ❑ Other: Q " MASS TORT • ❑ Asbestos K' ❑ Tobacco ❑ Toxic Tort - DES. ❑ Toxic Tort - Implant Other: REAL PROPERTY MISCELLANEOUS ❑ Tox Waste ❑ Ejectment 13 Common Law /StatutoayArbitration ❑ Other; ❑ Eminent Domain /Condemnation 13 Declaratory Judgment O Ground Rent ❑Mandamus 17 Landlord/Tenant Dispute. ❑ Non - Domestic Relations 13 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIA. LITX Q Mortgage Foreclosure Commercial d Quo Warianto O Dental ❑ Partition ' O Replevin, 0 Legal ❑ Quiet Title 11 Other: ❑ Medical .0 Other: ❑ Other Professional: UPdoted 1/1/2011 I ' 1... PRO i H 01 , i L ) 1 0 I 0� AM 10: 08 7913 DEC H 3 ` 1 H DEC 26 CUM& A I 'I� � l t" t r�S�`E l I *Tip E' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT MURDOCK MARTIN 1131 N. Duke Street York, Pennsylvania 17404 Plaintiff V. Jury Trial Demanded HEATHER E. MOTTER 5460 S. 3910 W, Apartment 21 Salt Lake City, Utah 84129 -3986 Defendant PRAECIPE FOR SUMMONS Issue Summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff. Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South'George Street, Suite 430 'York, Pennsylvania 17401 ;(717) 852 -8379 S ID #: 31097 �8AJi jz� zg��s y * * * * * * * * * * TO: HEATHER E. MOTTER YOU ARE NOTIFIED THAT THE ABOVE —NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: '. Prothonotary /C1erk, Civil,Divisibn Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t „ Jody S Smithx Chief Deputy i �� Richard W Stewart Solicitor -.v . :r, Lff Robert Murdock Martin vs. Case Number Heather E Motter 2013-7605 SHERIFF'S RETURN OF SERVICE 12/27/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Heather E Motter, in the following manner: On December 27, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 5460 D. 3910 W, Apartment 21, Salt Lake City, LIT 84129-3986. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Heather E Motter on January 4, 2014. SHERIFF COST: $34.57 SO ANSWERS, x 2w� January 08, 2014 RbNW R ANDERSON, SHERIFF i • Complete Items 1,2,and 3.Also complete Item 4 If Restricted Del"is desired. X Addressee • Print your name and address on the reverse so that we can return the card to you. ! • Attach this card to the back of the maiipiece, 1 or on the front if space permits. item t? Y D. address 1. ArWe Addressed to: YES,enter deliver ad below: 0 No Heather E. Motter f 5460 S. 3910 W Apartment 21 Salt Lake City, UT 84129-3986 3. Service 1W)8 O certilled Mail 0 Express Mail O Regbtered 0 Return Receipt for Merchsndbs 0 Inwured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 21 �= 7007 07,10 0003 221,0 3818 Ps For,3811,February 2004 Dornestic Rstum Rsoelpt 102896.02-WIS 0 14-029537 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Motter ROBERT MURDOCK MARTIN, PLAINTIFF VS. HEATHER E. MOTTER, DEFENDANT HE FROTHONOTAPnf 201[040V 14 AMR ! : 20 CUMBERLAND COUNT't PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-7605 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above -captioned matter on behalf of the Defendant, Heather E. Motter. Date: November 13, 2014 Respectfully s ,i mitted, JEOIC: OF SNYDER & DORER Ifi nald R. Do'uire Attorney for Defendant Court I.D. No. 39126 14-029537 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Matter ROBERT MURDOCK MARTIN, PLAINTIFF VS. HEATHER E. MOTTER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-7605 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Darer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street Suite 430 York, PA 17 0 Attorney for Date: November 13, 2014 R. sorer, Esquire Attorney for Defendant Court I.D. No. 39126 14-029537 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Motter ROBERT MURDOCK MARTIN, PLAINTIFF VS. HEATHER E. MOTTER, DEFENDANT FILED -0t. VHE PROTHONOTAk): 2Diti NOV 114 ftil 11: 20 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-7605 CML ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file C plain hereof or suffer the entry of a Judgment of Non Date: November 13, 2014 Do , Es Attorney for Defendant Court I.D. 39126 RULE TO FILE COMPLAINT AND NOW, this / / day of k pi) 2014 a RULE is hereby , irtlx entered upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pr. gfirdoieN0 'ARY 14-029537 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Motter ROBERT MURDOCK MARTIN, PLAINTIFF VS. HEATHER E. MOTTER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-7605 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Herman A. Gailey, Ill, Esquire Martz & Gailey, LLP 96 South George Street Suite 430 York, PA 174 Attorney for PI Date: November 13, 2014 Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 MARTZ & GAILEY 96 S. George Street, Suite 430 York, Pennsylvania 17401 (717) 852-8379 Attorneys for Plaintiff, Robert Murdock Martin ROBERT MURDOCK MARTIN Plaintiff v. HEATHER E. MOTTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 13-7605 Jury Trial Demanded NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 of 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 default 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 OR CANNOT AFFORD ONE, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 717-249-3166 ADVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de viente (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por caulquier otra queja o compensacion por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 717-249-3166 MARTZ & GAILEY 96 S. George Street, Suite 430 York, Pennsylvania 17401 (717) 852-8379 Attorneys for Plaintiff, Robert Murdock Martin ROBERT MURDOCK MARTIN Plaintiff v. HEATHER E. MOTTER Defendant AND NOW, TO WIT, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 13-7605 Jury Trial Demanded COMPLAINT day of December, 2014, comes Plaintiff, Robert Murdock Martin, by and through his attorney, Herman A. Gailey, III, Esquire, and files the following Complaint. 1. Plaintiff, Robert Murdock Martin, is an adult individual residing at 1131 N. Duke Street, York, York County, Pennsylvania 17404. 2. Defendant, Heather E. Motter, is an adult individual currently residing at 5460 S. 3910 W, Apartment 21, Salt Lake City, Utah 84129. 3. On January 18, 2012, Plaintiff, Robert Murdock Martin, was operating his 1991 Toyota Celica northbound in the 500 block of South 3rd Street in Lemoyne, Cumberland County, Pennsylvania. 4. On January 18, 2012, at the same time, Defendant, Heather Motter, was operating her 2011 Kia also Northbound in the 500 block of South 3rd Street in Lemoyne, Cumberland County, Pennsylvania, directly behind Plaintiff's vehicle. 5. Defendant failed to bring her vehicle to a stop and struck the rear of Plaintiffs vehicle, pushing his vehicle into the rear of the vehicle in front of him and causing a chain -reaction collision and injuries to Plaintiff. 6. The accident and injuries hereinafter set forth were caused solely by the negligence of the Defendant, Heather Motter, and in no way were due to any act or failure to act on the part of Plaintiff, Robert Murdock Martin, who at all times was exercising due care. 7. Defendant, Heather Motter, was negligent and reckless in the operation of her vehicle as follows: a. Carelessly operating her vehicle in violation of 75 Pa.C.S.A. §3714; b. Failing to keep alert and maintain a proper lookout for other traffic; c. Failing to operate her vehicle at a safe speed in violation of 75 Pa.C.S.A. §3361; d. Failing to bring her vehicle to a stop prior to striking the rear of Plaintiffs vehicle; and e. Striking the rear of Plaintiffs vehicle. 8. As a result of the accident, Plaintiff, Robert Murdock Martin, has sustained personal injuries to his back, neck, and shoulders. 9. As a further result of the accident, Plaintiff, Robert Murdock Martin, has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, and mental anxiety; c. Past and future loss of life's enjoyment; d. Past and future loss of earnings; e. Past and future incidental costs; and f. Past and future reasonable and necessary medical expenses in excess of the statutory preclusion. 10. Plaintiff, Robert Murdock Martin, avers that his damages exceed the applicable limits of arbitration, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, Robert Murdock Martin, respectfully requests that this Honorable Court enter judgment against Defendant, Heather Motter, in an amount in excess of the applicable limits of arbitration, plus interest and costs as permitted by law. Respectfully submitted, Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street, Suite 430 York, PA 17401 (717) 852-8379 ID #31097 MARTZ & GAILEY 96 S. George Street, Suite 430 York, Pennsylvania 17401 (717) 852-8379 Attorneys for Plaintiff, Robert Murdock Martin ROBERT MURDOCK MARTIN Plaintiff v. HEATHER E. MOTTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 13-7605 Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this It day of December, 2014, I hereby certify that I have served a copy of Plaintiff's Complaint by United States Mail, addressed to the party as follows: Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, Pennsylvania 17011 Attorneys for Defendant Respectfully submitted, Herman A. Gailey, IPI, Esquire MARTZ & GAILEY LLP 96 South George Street, Suite 430 York, PA 17401 (717) 852-8379 ID #31097 VERIFICATION I, Herman A. Gailey, III, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied, and the verification of the party cannot be obtained within the time allowed for filing of the pleading. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. If the pleading contains averments which are inconsistent in fact, after reasonable investigation, I have been unable to ascertain which of the inconsistent averments in the pleading are true, but have knowledge or information sufficient to form a belief that one of them are true. Date: '• �`� Respectfully submitted: MARTZ & GAMEY LLP /6 Herman A. Gailey, III, iEsquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 I.D. Number: 31097 MARTZ & GAILEY 96 S. George Street, Suite 430 York, Pennsylvania 17401 (717) 852-8379 Attorneys for Plaintiff, Robert Murdock Martin ROBERT MURDOCK MARTIN Plaintiff V. HEATHER E. MOTTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 13-7605 Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs Interrogatories to Defendant and Plaintiff's Request for Production of Documents to Defendant, was mailed by U.S. Mail this I`A day of December, 2014, to: Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, Pennsylvania 17011 Attorneys for Defendant Respectfully submitted, By: Herman A. Gailey, III, Esquire Martz & Gailey LLP 96 South George Street, Suite 430 York, PA 17401 (717) 852-8379 I.D.#31097 14-029537 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Motter ROBERT MURDOCK MARTIN, PLAINTIFF VS. HEATHER E. MOTTER, DEFENDANT , dQ EC 30 , II: 30 C 571. ,./; C01.1111 -y PEO:s rt VA VA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-7605 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Denied. By way of further statement, Defendant, Heather E. Motter, resides at 4545 Atherton Drive #136, Taylorsville, UT 84123. 3. Admitted. 4. Admitted in part, denied in part. It is admitted only that on January 18, 2012, Defendant, Heather Motter, was operating her 2011 Kia northbound in the 500 block of South 3rd Street in Lemoyne, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 5. Paragraph 5 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 6. The allegations in paragraph 6 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 7. The allegations in paragraph 7 of the Complaint, including subparagraphs 7(a) through 7(d) are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 8. Paragraph 8 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 9. Paragraph 9 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 10. The allegations in paragraph 10 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Heather E. Motter, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. NEW MATTER 11. Paragraphs 1 through 10 are incorporated herein by reference, and made a part hereof as if set forth in full. 12. The Plaintiffs claims for non -pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 13. The Plaintiffs claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Heather E. Motter, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Date: December 29, 2014 Respectfully submitted, LA FICE SNYDER & DORER Wald R. Doren squire Attorney for Defendant Court I.D. No. 39126 14-029537 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Motter ROBERT MURDOCK MARTIN, PLAINTIFF vs. HEATHER E. MOTTER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-7605 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant, Heather E. Motter in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relaling to unsworn falsification to authorities. Date: December 29, 2014 onald R. Dor'quire Attorney for Defendant Court I.D. No. 39126 4. 14-029537 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Molter ROBERT MURDOCK MARTIN, PLAINTIFF VS. HEATHER E. MOTTER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-7605 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Darer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Herman A. Gailey, III, Esquire Martz & Gailey, LLP 96 South George Street Suite 430 York, PA 17401 Attorney for Plain Date: December 29, 2014 Donald R. Darer, Esquire Attorney for Defendant Court 1.D. No. 39126 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT MURDOCK MARTIN Case No.: 13-7605 Plaintiff v. HEATHER E. MOTTER Defendant Jury Trial Demanded PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW THIS day wNk*p, 2015, comes Plaintiff through his attorney, Herman A. Gailey, III, and replies to the New Matter of Defendant as follows: 11. Denied to the extent the incorporated paragraphs are inconsistent with the corresponding paragraphs of Plaintiff's Complaint. 12. Denied and averred to the contrary that the limited tort option does not apply to this case. The legal effect of that law as averred in this paragraph is, however, denied. 13. Admitted that the Pennsylvania Motor Vehicle Responsibility Act applies to this case, the legal effect of the act as averred in this paragraph is denied as a conclusion of law to which no response is required. WHEREFORE, your Honorable Court is respectfully requested to dismiss Defendant's New Matter and to enter judgment as prayed in Plaintiffs Complaint. Dated: \--41."'11�1� Respectfully submitted, Herman A. Gailey, Ill, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 ID No.: 31097 VERIFICATION I, Herman A. Gailey, III, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied, and the verification of the party cannot be obtained within the time allowed for filing of the pleading. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. If the pleading contains averments which are inconsistent in fact, after reasonable investigation, I have been unable to ascertain which of the inconsistent averments in the pleading are true, but have knowledge or information sufficient to form a belief that one of them are true. Date: V 1% -----1,O {� Respectfully submitted: MARTZ & GAILEY LLP Herman A. Gailey, II, Esquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 I.D. Number: 31097 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT MURDOCK MARTIN Case No.: 13-7605 Plaintiff v. HEATHER E. MOTTER Defendant Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter, this D day of January, 2015, by U.S. mail to: Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Attorneys for Defendant Respectfully submitted, Herman A. Gailey, Ill, Esquire Martz & Gailey LLP 96 South George Street, Suite 430 York, PA 17401 (717) 852-8379 I.D.#31097 By: