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Home My WebLink About14-1501s E C T I 0 N A s E C T I 0 N B Supreme Court of Pennsylvania Courtof Common Pleas Civil.Cover Sheet CUMBERLAND,' ; County .\ � _ (/ For Prothonotary Use Only: Ii.. I i ;. Docket No: ly — /So) The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition ❑ Notice of Appeal Declaration of Taking X Complaint ❑ Writ of Summons ❑ ❑ Transfer from Another Jurisdiction ❑ Lead Plaintiffs Name: . Sean Trepiccione Lead Defendant's Name: Bridget Damaroda Represented (Pro Se) Litigant • Check here if you are a Self- Name of Plaintiff /Appellant's Attorney: Jay M. Leffler, Esquire Are money damages requested? : X Yes ❑ No Dollar Amount Requested: ❑ within arbitration limits (Check one) X outside arbitration limits 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) ❑ Intentional ❑ Malicious Prosecution Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain /Condemnation ❑ Ground Rent ❑ Landlord /Tenant Dispute ❑ Mortgage Foreclosure ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Zoning Board ❑ Statutory Appeal: Other Judicial Appeals ❑ MDJ - Landlord /Tenant ❑ MDJ - Money Judgment ❑ Other: MISCELLANEOUS ❑ Common Law /Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non - Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: 2/2010 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. By: Jay M. Leffler, Esquire jmleffler @zarwin.com Identification No: 54282 1818 Market Street, 13th Floor Philadelphia, PA 19103 (215) 569- 2800 -Phone (215) 569 -1606 -Fax SEAN TREPICCIONE and JANEL TREPICCIONE, husband and wife 417 Parkside Rd. Camp Hill, PA 17011 Plaintiffs V. BRIDGET DAMARODA 2003 . Market St., Apt M .Camp Hill, PA 17011 Defendant FILED-OFFICE HE PROTHONOTARY BAR 14 PM {. L7 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FEBRUARY TERM, 2014 � NO. / " - /S'a1 «0LTEI2J17 2050 - MOTOR VEHICLE COMPLAINT NOTICE 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 again 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 clo 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. LAWYER REFERRAL and INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17103 (717) 249 -3166 1 AVISO "LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas esxpuestas en las paginas siguientes, usted tiene veinte (20) dias, de plaza at partir de la fecha de la demanda y la notfication. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del deamdante y require que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos iinportantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. Si no tiene abogado o si no tiene el dinero suficiente de pagar tal servicio, vaya en persona o (lame por telefono a la oficina cuya direcci6n se cncuentra escrita abajo para averiguar donde se puede conseguir asistencia legal. Si usted no tiene suficiente dinero para pagar un abogado la oficina escrita abajo to podran dar information de agencias que podran ofrecer servicios legales a precios reducidos o gratis ASOCIACION DE LICENCIADOS DE CUMBERLAND SERVICIO DE REFERENCIA E INFORMACION LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17103 (717) 249 -3166 ,tiaa.7s Pel-414/ nett 1.2,356 R-41 36z9'XS -----------------.---..■-.—+.--.—.—.■—■m•■■■•■•■■•wmtiww000wwiiwpniiomiii■o■■■■■.■■v/■•■■■■■•■•.■•■■i■•■•■•■•■•■•■•■•■• ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. By: Jay M. Leffler, Esquire jmleffler @zarwin.com Identification No: 54282 1818 Market Street, 13th Floor Philadelphia, PA 19103 (215) 569- 2800 -Phone (215) 569- 1606 -Fax SEAN TREPICCIONE and JANEL TREPICCIONE, husband and wife 417 Parkside Rd. Camp Hill, PA 17011 Plaintiffs v. BRIDGET DAMARODA 2003 Market St., Apt M Camp Hill, PA 17011 Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FEBRUARY TERM, 2014 NO. COMPLAINT 2050 — MOTOR VEHICLE ACTION 1. Plaintiffs, Sean Trepiccione and Janel Trepiccione are adult individuals residing at 417 Parkside Rd., Camp Hill, PA 17011. 2. Defendant, Bridget Damaroda is an adult individual residing at 2003 Market St., Apt M, Camp Hill, PA 17011. 3. At all times material hereto, Plaintiff, Sean Trepiccione was the owner and operator of a motor vehicle involved in the accident hereinafter more specifically set forth. 4. At all times material hereto, Defendant, Bridget Damaroda was the owner and operator of a motor vehicle involved in the accident hereinafter more specifically set forth. 3 5. On or about November 2, 2012, Plaintiff, Sean Trepiccione was driving his aforementioned motor vehicle eastbound on Market St. at and /or near its intersection with 21st Street in Camp Hill, Pennsylvania. 6. On or about November 2, 2012, Defendant, Bridget Damaroda was driving her aforementioned motor vehicle northbound on 21st Street and /or near its intersection with Market St. in Camp Hill, Pennsylvania, when suddenly and without warning she disregarded a steady red light, lost control of her motor vehicle and impacted the driver side of the vehicle being operated by Plaintiff, Sean Trepiccione. 7. This accident resulted solely from the negligence and carelessness of Defendant, and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiffs. COUNT I PLAINTIFF, SEAN TREPICCIONE v. DEFENDANT, BRIDGET DAMARODA NEGLIGENCE 8. Plaintiffs incorporate by reference the averments contained in paragraphs one (1) through seven (7) as if fully set forth at length herein. 9. The negligence and carelessness of Defendant, Bridget Damaroda consisted of the following: (a) failing to keep a proper lookout; (b) failing to stop at a steady red light; (c) failing to stop before impacting the driver side of Plaintiff's motor vehicle; (d) failing to use due care when approaching the steady red light; (e) failing to have her vehicle under proper and adequate control at all times; 4 (e) failing to have her vehicle under proper and adequate control under the conditions; (f) failing to give proper and sufficient warning of her approach and /or intended movement; (g) operating her vehicle without due regard to the rights, safety and position of the Plaintiff; and (h) violating the various ordinances of Cumberland County, Commonwealth of Pennsylvania pertaining to the operation of said vehicle. 10. As a direct and proximate result of the negligence and carelessness of the Defendant, Plaintiff, Sean Trepiccione sustained and suffered severe and disabling physical and mental injuries, including but not limited to: cervical strain and sprain; disc protrusion at C5 -6 lumbar strain and sprain; disc protrusions at L2 -3, L3 -4 and L4 -5; thoracic strain and sprain; right shoulder injury, for which surgery is scheduled; tendenosis of the distal supraspinatus; right arm injuries, for which surgery is scheduled; neck injuries; headaches; biceps tendinitis; and multiple injections, all of which has caused him and will continue to cause him great pain and suffering. 11. As a proximate result of the aforesaid negligence and carelessness of Defendant, Plaintiff, Sean Trepiccione has been compelled in order to effectuate a cure for the aforesaid injuries, to expend sums of money for medicine and medical attention and may be required to expend additional sums for the same purpose in the future. 12. As a proximate result of the aforesaid negligence and carelessness of Defendant, Plaintiff, Sean Trepiccione has suffered a serious impairment of bodily function and has been prevented from attending to his usual daily activities and may be so prevented for an indefinite period of time in the future, all to his detriment and loss. 5 13. As a proximate result of the aforesaid negligence and carelessness of Defendants, Plaintiff, Sean Trepiccione has suffered physical pain and mental anguish and humiliation and may continue to suffer same for an indefinite period of time in the future. 14. As a proximate result of the aforesaid negligence and carelessness of Defendants, Plaintiff, Sean Trepiccione has suffered a serious impairment of bodily function and has been prevented from attending to his work and may be so prevented for an indefinite period of time in the future, which has caused him to suffer a loss of income and /or earning capacity. 15. As a proximate result of the aforesaid negligence and carelessness of Defendants, Plaintiff, Sean Trepiccione has incurred other financial losses and /or expenses which do or may exceed amounts which he may otherwise be entitled to recover and may continue to suffer said losses for an indefinite period of time in the future, all to his great detriment and loss. WHEREFORE, Plaintiff, Sean Trepiccione demands judgment against Defendant, Bridget Damaroda in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest, costs and attorney's fees and any other relief the Court deems proper. COUNT II PLAINTIFF, JANEL TREPICCIONE v. DEFENDANT, BRIDGET DAMARODA LOSS OF CONSORTIUM 16. Plaintiffs incorporate by reference the averments contained in paragraphs one (1) through fifteen (15) as if fully set forth at length herein. 17. At all times material hereto, Janel Trepiccione was the legal spouse of Sean Trepiccione. 6 18. As a direct and proximate consequence of negligence of Defendant, Plaintiff, Janel Trepiccione was required to provide care and services to help her husband with his aforementioned injuries. 19. As a direct and proximate consequence of Defendant's negligence, the marital relationship of Janel Trepiccione and Sean Trepiccione was subjected to strain. 20. As a direct and proximate consequence of Defendant's negligence, Janel Trepiccione sustained emotional distress. 21. As a direct and proximate result of the carelessness and negligence of Defendant, Janel Trepiccione has suffered the loss of society, comfort, assistance, and consortium of her husband, Sean Trepiccione. WHEREFORE, Plaintiff, Janel Trepiccione demands judgment against Defendant, Bridget Damaroda in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest, costs and attorney's fees and any other relief the Court deems proper. Date: March 13, 2014 By: 7 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. JAY l L'i FFLER, Esquire Attorney for Plaintiffs SEAN TREPICCIONE and JANEL TREPICCIONE VERIFICATION I, Jay M. Leffler, Esquire, attorney for the Plaintiffs, Sean Trepiccione and Janet Trepiccione, verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief and I make these statements subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: March 13, 2014 By: 8 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. JA LEFFLER, Esquire Attorney for Plaintiffs SEAN TREPICCIONE and JANEL TREPICCIONE ZARWIN • BAUM • DEVITO • KAPLAN • SCHAER • TODDY • P.C. VERIFICATION I, JANEL TREPICCIONE, hereby state that I am the Plaintiff in this action and verify that the statements made in the foregoing pleadings are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: BY: ZARWIN • BAUM • DEVITO • KAPLAN • SCHAER • TODDY • P.C. VERIFICATION I, SEAN TREPICCIONE, hereby state that I am the Plaintiff in this action and verify that the statements made in the foregoing pleadings are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: BY: SEAN TREPICCIONE CA' "PIE r. 20 API? -2 PM 2: 25 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire (ID. No. 19616) By: Karen L. Mascio, Esquire (I.D. No. 88848) 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com; klm@jdsw.com Attorneys for Defendant, Bridget Damaroda SEAN TREPICCIONE and JANEL • . IN THE COURT OF COMMON PLEAS OF TREPICCIONE, h/w, • . CUMBERLAND COUNTY, Plaintiffs • . PENNSYLVANIA • CIVIL ACTION — LAW v. BRIDGET DAMARODA, Defendant NO. 14-1501 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel for Defendant, Bridget Damaroda, in the above-captioned action. Respectfully submitted, JOHNSO DUFFIE, STE ART & WEIDNER By: Date: April 1, 2014 614931 Jeffrey B. Rettig, Esquire I.D. No. 19616 Karen L. Mascio, Esquire ID. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr@jdsw.com; klm@jdsw.com Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 1, 2014, as follows: Jay M. Leffler, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, P.C. 1818 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER BY: 614931 Karen L. Mascio, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F:i Sheriff THE PROTHONOTAP,Y Jody S Smith Chief Deputy Richard W Stewart Solicitor vi , 414 OFC THE Si4ERIFg 201If APR -2 PM LI: I f4 CUMBERLAND COUNTY PENNSYLVANIA Sean Trepiccione vs. Bridget Damaroda Case Number 2014-1501 SHERIFF'S RETURN OF SERVICE 03/21/2014 10:50 AM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Affidavit by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Bridget Damaroda at 2003 Market Street, Apt. M, Camp Hill Borough, C mp Hill, PA 17011. AM DA EBERSOLE, DEPUTY 1)-uwatiL, nr SHERIFF COST: $45.44 SO ANSWERS, March 24, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieosoft, s ., I Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire 2014 APR -8 I.D. No. 19616 By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 jbr @jdsw.com; klm @jdsw.com 0 i CUMBERLAND RLAND COU T Y PENNSYLVANIA Attorneys for Defendant, Bridget Damaroda SEAN TREPICCIONE and JANEL • IN THE COURT OF COMMON PLEAS OF TREPICCIONE, h /w, • CUMBERLAND COUNTY, Plaintiffs • PENNSYLVANIA • CIVIL ACTION — LAW v. NO. 14 -1501 BRIDGET DAMARODA, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs c/o Jay M. Leffler, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, P.C. 1818 Market Street, 13th Floor Philadelphia, PA 19103 AND NOW, this ► day of April, 2014, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. Respectfully submitted, JOHNSO P UFFIE. STEWART & WEIDNER By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761 -4540 klm @jdsw.com Counsel for Defendant Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No, 19616 By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com; klm@jdsw.com Attorneys for Defendant, Bridget Damaroda SEAN TREPICCIONE and JANEL IN THE COURT OF COMMON PLEAS OF TREPICCIONE, h/w, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA CIVIL ACTION — LAW v. NO. 14-1501 BRIDGET DAMARODA, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant Bridget Damaroda, by and through her counsel Karen L. Mascio, Esquire, and Johnson, Duffie, Stewart & Weidner, P.C., and files the within Answer to Plaintiffs' Complaint. 1. Admitted. 2. Admitted. 3 Upon information and belief, admitted. 4. Admitted. 5. Defendant denies that Plaintiff, Sean Trepiccione, was driving his motor vehicle eastbound on Market Street. It is admitted that Mr. Trepiccione was operating his vehicle at or near the intersection of Market Street and 21st Street in Camp Hill, Pennsylvania. 6. It is denied that the Defendant was driving her motor vehicle northbound on 21st Street. It is admitted, that Defendant was driving her vehicle at or near the intersection of 21st Street and Market Street in Camp Hill, Pennsylvania. The remaining averments of paragraph 6 are denied, and strict proof thereof is demanded at the time of trial. 7. The averments of paragraph 7 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, these averments are denied and strict proof thereof is demanded at the time of trial. COUNT I PLAINTIFF, SEAN TREPICCIONE v. DEFENDANT, BRIDGET DAMARODA NEGLIGENCE 8. Defendant incorporates her answers to paragraphs 1 through 7 of the Plaintiffs' Complaint as though fully set forth herein at length. 9. The averments of paragraph 9 and its subparts (a) through (h), constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof thereof is demanded at the time of trial. 10. The averments of paragraph 10 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering. Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 11. The averments of paragraph 11 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, these averments are specifically denied and strict proof thereof is demanded at the time of trial. .12. The averments of paragraph 12 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 13. The averments of paragraph 13 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 14. The averments of paragraph 14 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof is demanded at the time of trial. 15. The averments of paragraph 15 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Bridget Damaroda respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant. COUNT II PLAINTIFF, JANEL TREPICCIONE v. DEFENDANT, BRIDGET DAMARODA LOSS OF CONSORTIUM 16. Defendant incorporates her answers to paragraphs 1 through 15 of Plaintiffs' Complaint as though fully set forth herein at length. 17. Upon information and belief, admitted. 18. The averments of paragraph 18 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 19. The averments of paragraph 19 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 20. The averments of paragraph 20 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 21. The averments of paragraph 21 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Bridget Damaroda demands judgment in her favor and against the Plaintiff and specifically requests that the Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Defendant Bridget Damaroda, raises the following Ndw Matters: 22. If it should be found that the Plaintiffs sustained injuries as a result of the alleged incident, then said injuries may have been caused by the Plaintiffs' own negligence, carelessness, recklessness and/or assumption of the risk, and Plaintiffs must be denied recovery pursuant to the provisions of the Pennsylvania Comparative Negligence statute, 42 Pa. C.S.A. § 7102. 23. Plaintiffs' alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 24. Plaintiffs' alleged cause of action may be barred by their assumption of the risk. 25. If it should be found that there is any negligence on the part of the Defendant, which is specifically denied, then said negligence was not the factual cause of the Plaintiffs' injuries. 26. Plaintiffs' injuries may have been caused by superseding or intervening act over which Defendant had no control. 27. Plaintiffs' injuries may have been caused by a pre-existing condition over which Defendant had no control. 28. Plaintiffs alleged cause of action may be barred by their failure to mitigate their damages. 29. Plaintiffs' claims may be 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. § 7101, et. seq. 30. To the extent that the Plaintiffs have been paid or will be paid for some or all of their alleged damages, then claims for those damages are barred both by the defense of payment and by § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility law. 31. Plaintiffs' alleged injuries may have been caused by a subsequent and/or unrelated accident. WHEREFORE, Defendant Bridget Damaroda, respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant. Respectfully submitted, JOHNSON, UFFIE, STE ART & WEIDNER Date: L/1-7/D(11,1 By: :615505 ,-ebtdriir Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 klm@jdsw.com Counsel for Defendant VERIFICATION I, BRIDGET DAMARODA, hereby acknowledge that I am a Defendant in this action; that I have completed the foregoing Answer to Plaintiffs' Complaint; 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. Section 4904, relating to unsworn falsification to authorities. Date: 0 LI ° CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer to Plaintiffs' Complaint has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on April , 2014, as follows: Jay M. Leffler, Esquire Zarwin, Baum, De Vito, Kaplan, Schaer & Toddy, P.C. 1818 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER BY: Karen L Mascio, Esquire Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com; klm@jdsw.com SEAN TREPICCIONE and JANEL TREPICCIONE, h/w, Plaintiffs V. BRIDGET DAMARODA, Defendant HTP;0 TA ri Hill APR 1 5 P 1:39 CUMDERLA ND COUNTY PENN' YLVA NIA Attorneys for Defendant, Bridget Damaroda IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14-1501 JURY TRIAL DEMANDED STIPULATION OF COUNSEL TO WITHDRAW CLAIMS FOR ATTORNEYS' FEES FROM COMPLAINT It is hereby stipulated by and between Jay M. Leffler, Esquire, counsel for Plaintiffs, and Karen L. Mascio, Esquire, counsel for Defendant, that all claims for Cio attorneys' fees contained in Plaintiffs' Complaint are hereby WITHDRAWN. ZARWIN, BAUM, DEVITO, KAPLAN, SCHAER & TODDY, P.C. BY: Date: 615267 Jay M. Le Esquire I.D. No. 54 82 1818 Market Street, 13th Floor Philadelphia, PA 19103 (215) 569-2800 jmleffler@zarwin.com Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: DATE: Jeffrey B. Rettig, Esquire I.D. No. 19616 Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr@jdsw.com; klm@jdsw.com Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Stipulation of Counsel to Withdraw Claims for Attorneys' Fee from Complaint has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 14, 2014, as follows: Jay M. Leffler, Esquire Zarwin, Baum, De Vito, Kaplan, Schaer & Toddy, P.C. 1818 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER BY: 1 Karen L. Mascio, Esquire ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. By: Jay M. Leffler, Esquire jmleffler @zarwin.com Identification No: 54282 1818 Market Street, 13th Floor Philadelphia, PA 19103 (215) 569- 2800 -Phone (215) 569- 1606 -Fax SEAN TREPICCIONE and JANEL TREPICCIONE, husband and wife Plaintiffs v. BRIDGET DAMARODA Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14 -1501 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 22. Denied as a conclusion of law to which no responsive pleading is required. By way of further answer, it is specifically denied that plaintiff, Sean Treppiccione was careless, reckless, or contributorily negligent. On the contrary, at all times relevant hereto, plaintiff exercised reasonable care for his own safety and well- being. Strict proof thereof is demanded. 23. Denied. Plaintiffs filed suit within the applicable statute of limitations and demands strict proof of all allegations to the contrary. 24. Denied. Plaintiff denies he knowingly and voluntarily assumed the risk and demands strict proof of such allegations. 25. Denied. By way of further answer, as set forth with greater particularity in plaintiffs' Complaint, the accident which gives rise to this case and the injuries and damages suffered by plaintiffs was directly, proximately and exclusively caused by the carelessness and negligence of defendant. 1 26. Denied. By way of further answer, as set forth with greater particularity in plaintiffs' Complaint, the accident which gives rise to this case and the injuries and damages suffered by plaintiffs was directly, proximately and exclusively caused by the carelessness and negligence of defendant. 27. Denied. By way of further answer, as set forth with greater particularity in plaintiffs' Complaint, the accident which gives rise to this case and the injuries and damages suffered by plaintiffs was directly, proximately and exclusively caused by the carelessness and negligence of defendant. 28. Denied as a conclusion of law to which no responsive pleading is required. Strict proof to the contrary is demanded at time of trial. 29. Denied as a conclusion of law to which no responsive pleading is required. By way of further answer, the limited tort provisions of the PMVFRL have no applicability to this case. 30. Denied as a conclusion of law to which no responsive pleading is required. Strict proof to the contrary is demanded at time of trial. 31. Denied as a conclusion of law to which no responsive pleading is required. Strict proof to the contrary is demanded at time of trial. Wherefore, Plaintiffs demand judgment in their favor and against Defendants. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. Dated: By: JAY M. `f FFLER, ESQUIRE VERIFICATION Jay M. Leffler, Esquire, hereby states that he is the attorney for the Plaintiffs in this action and verifies that the statements made in the foregoing Plaintiffs' Reply to New Matter of Defendant are true and correct to the best of their knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAY M. LE Attorney f , ESQUIR intiffs CERTIFICATE OF SERVICE p. I hereby certify that a true and correct copy of the foregoing Reply to New Matter has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid on April 25, 2014. Karen L. Mascio, Esquire Law Office of Johnson Duffie 301 Market Street, PO Box 109 Lemoyne, PA 17043 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TREPICCIONE Vs. NO. 14 1501 DAMARODA CERTIFICATE PREREQUASITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 cn ' 6 6 As a prerequisite to service of a subpoena(s) for documents and thill-gs. pursuant to Rule 4009.22 KAREN MASCIO, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date orl which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/29/14 ) MLR File #: M427126 KAREN MASCIO, ESQUIRE 301 MARKET ST LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT 1 INQUIRIES SHOULD BE ADDRESSED TO: , MEDICAL LEGAL REPRODUCTIONS, INC. 'I 4940 DISSTON STREET PHILADELPHIA PA 19135 • (215) 335-3336: By: Ruby Schwartzberg A. › ME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TREPICCIONE Vs. DAMARODA TO:. JAY LEFFLER, ESQ (PLAINTIFF) No. 14 1501 • NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 . DEPENDANT intends to serve a subpoena(s) identic7u to the one(s) attached to this notice. You;have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 10/08/14 KAREN MASCIO, ESQUIRE 301 MARKET ST LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg Enc(s): Copy of subpoena(s) Counsel return card File #: M427126 COMMDNWEALTH OF PENNSNIW2aN7k COUNTY OF CUMBERLAND TREPICCIONE Vs. File No. 14 1501 DAMARODA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR MICHAEL ZUG, 205 S FRONT ST STE 5, HARRISBURG PA. 17104 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ors*hrin LIE gATT--keBED--ADDENDUM at MEDICAL LEGAL REPRODuLtluNs, iNC, 4940 DISSiON-sT., "PHILA., PA (Address) You may deliver or mail legible copies of the documents or produce thins requested this subpoena, together with the certificate of compliance, to the party making thiz request at the address listed above. You have the right to seek in advance the rea7;onablE 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 servingthis subpoena may seek a court orde oampelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: KAREN MASCIO, ESQ NAME: ADDRESS: 301 MARKET ST LEMOYNE , PA 17043 TELEPHONE: 215 335-3212 SUPREVE COURT ID 19616 ATTORNEY FOR: DEFENDANT v1427126- 01 DATE: /6h(j Seal o he Court BY THE OEURT: Prow fo Civil Division (Eff. 7/97) TREPICCIONE Vs. DAMARODA ADDENDUM TO SUBPOENA No. 14 1501 CUSTODIAN OF RECORDS FOR: DR MICHAEL ZUG ANY AND ALL MENTAL HEALTH AND/OR PSYCHOTERAPY RECORDS FROM 11/2/12 TO PRESENT. PERTAINING TO: NAME: SEAN TREPICCIONE ADDRESS: DATE OF BIRTH: 08/11/80 SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian records that, to the best of my knowledge information andof belief all documents or things above mention d have beend been produced. [ ) NO DOCUMENTS AVAdLABLE.• I hereby has been made and that no recorof rthe tiffollow ngthat ahdocuments have search been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS )ate 1 CUMBERLAND M427126-01 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Aut orizesignature for DR MICHAEL ZUG * * * SIGN AND RETURN THIS PAGE * * *