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HomeMy WebLinkAbout14-1826 Supreme Court of Pennsylvania P Cou of Co m T ' Pleas For Prothono Use On VIA C F 'OVefi 'et rJ' Onl Ci�In Docket No: d` C A l — /9XCV The information collected on this form is used solely for court administration ptaj7oses. This form does not supplement or replace the filing at7d seri of pleadings or otl7er papers as required by lar,- or rides of 'cout•t. Commencement of Action: [3 Complaint 0 Writ of Summons El Petition [3 Transfer from Another Jurisdiction ❑Notice of Appeal S E El of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Diana Raia Tracey Spinella I ❑ Check here if you are a Self- Represented (Pro Se) .Litigant 0 Name of Plaintiff /Appellant Attorney: David H Rosenberg N Are money damages requested?: ❑X Yes ❑ No 11- lar Amount Requested: ❑ within arbitration limits (Check one) MX outside arbitration limits A Is this a Class Action Suit? ❑ Yes 0 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 ❑ Nuisance El Board of Elections ❑ Dept. of Transportation S El Premises Liability F1 Zoning Board ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) El Employment Dispute: E] Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N H Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: El Ejectment [] Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations PROFESSIONAL LIABLITY El Mortgage Foreclosure Restraining Order ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title E] Legal ❑ Replevin ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - ( ) Law DIANA and GERALD RAIA TRACEY SPINELLA PSC 451 Box 50 10 Hazelwood Court FPO, AE 09834 Mechanicsburg, PA 17050 LOUIS PHILIP SPINELLA 10 Hazelwood Court Mechanicsburg, PA 17050 VERSUS Plaintiff(s) & Defendant(s) & n _ r n f - Address(es) Address(es) fir? w -,:r- Q ' - - ' PRAECIPE FOR WRIT OF SUMMONS <C � C 3 . _ C.. TO THE PROTHONOTARY OF SAID COURT:' Please issue a Writ of Summons in the above - mentioned action. Writ of Summons shall be issued and forwarded toA xxx)) Attorney David H Rosenberg, Esquire �" 1300 Linglestown Road - Suite 2 Signature ?Attorney Harrisburg, PA 17110 Suprem Court ID #20569 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) x YOU �?:F�E g0t,IFiED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION.AGAINS7 YOU. - Prothonotary Deput Date: / �'`''rS' 4P -M4( / CK�' 3 sf3y 9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r!l,__.,a ; L`t Sheriff 4/ i HF PRO T1 :jpl'l r . Jody S Smith Chief Deputy Richard W Stewart Solicitor Cllirdocii OF :FILE xFFit; rte*FEFr 4 4PR --8 pm 3: MBE) ; A N Q COUNT' PENNS YLVA NIA Diana Raia (et al.) vs. Tracey Spinella (et al.) Case Number 2014 -1826 SHERIFF'S RETURN OF SERVICE 03/31/2014 07:44 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Summons by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Tracey Spinella at 10 Hazelwood Court, Silver Spring, Mechanicsburg, PA 17050. DEN FRY, DEP Y 03/31/2014 07:44 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Summons by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Louis Philip Spinella at 10 Hazelwood Court, Silver Spring, Mechanicsburg, PA 17050. DENN FRY DEP. Y SHERIFF COST: $55.30 SO ANSWERS, April 02, 2014 unt Sui;e Sherit e eO$Oft, !nc. RONNY R ANDERSON, SHERIFF CONNOR, WEBER & OBERLIES BY: SHARON F. HARVEY, ESQUIRE ATTORNEY I.D. #25732 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640 -2808 Attorney for Defendants, R lo ., Tracey Spinella and C� fL Per I' 1 Louis Philip Spinella PENNSYLVANIA f�vU�fd'T �, DIANA AND GERALD RAIA v. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION - LAW TRACEY SPINELLA and : NO. 14 -1826 LOUIS PHILIP SPINELLA ENTRY OF APPEARANCE/DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, Tracey Spinella and Louis Philip Spinella, with regard to the above - captioned matter. Trial by a jury of twelve (12) members is hereby demanded. CONNOR, WEBER & OBERLIES BY: Sharon F. Harvey, Esquire Attorney for Defendants, Tracey Spinella and Louis Philip Spinella CERTIFICATE OF SERVICE I, Sharon F. Harvey, Esquire, hereby certify that on this 7th day of April, 2014, a true and correct copy of Defendants' Entry of Appearance was served upon all counsel of record at the address listed below via First Class, U.S. Mail with postage pre-paid from Paoli, Pennsylvania. David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Plaintiffs' Counsel CONNOR, WEBER & OBERLIES By: A,ze Sharon F. Harvey, Esquir Attorney for Defendants, Tracey Spinella and Louis Philip Spine lla CONNOR, WEBER & OBERLIES BY: SHARON F. HARVEY, ESQUIRE ATTORNEY I.D. #25732 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640 -2808 Attorney for Defendants,., Tracey Spinella and Louis Philip Spinella Ali f „r YAPI � fQ P1; 1: !1, BERLAND PENNSY( At COUNT)/ DIANA AND GERALD RAIA v. TRACEY SPINELLA and LOUIS PHILIP SPINELLA : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION - LAW : NO. 14-1826 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. DATE: April 7, 2014 CONNOR, WEBER & OBERLIES BY: .tip Sharon F. Harvey, Esquire RULE TO FILE COMPLAINT AND NOW, this 0 day of PI1 < < 1 , 2014, a Rule is granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service or suffer the entry of a Judgment of Non Pros. PROTHONOTARY CERTIFICATE OF SERVICE I, Sharon F. Harvey, Esquire, hereby certify that on this 7th day of April, 2014, a true and correct copy of Defendants' Praecipe and Rule to File Complaint was served upon all counsel of record at the address listed below via First Class, U.S. Mail with postage pre-paid from Paoli, Pennsylvania. David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Plaintiffs' Counsel CONNOR, WEBER & OBERLIES By: .411-k)c-em_ Sharon F. Harvey, Esqu Attorney for Defendants, Tracey Spinella and Louis Philip Spine lla David H Rosenberg (PA 20569) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com 2014 [f i r Pt! 1;111'13E RI_ A PE NN S AND CiOUIk�' T C7 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA RAIA, GERALD RAIA, v. TRACEY SPINELLA, LOUIS PHILIP SPINELLA, Plaintiffs, Defendants. NO.: 14-1826 CIVIL ACTION — LAW PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY: Please amend caption of docket number 14-1826, which lists Plaintiffs as Diana Raia, Gerald Raia. Gerald Raia should be removed from the caption as he was included in the caption in error. The amended caption for docket number 14-1826 should read as follows: DIANA RAIA, v. TRACEY SPINELLA, LOUIS PHILIP SPINELLA, Plaintiffs, Defendants. NO.: 14-1826 CIVIL ACTION — LAW Respectfully submitted, HANDLER HENNING & ROSENBERG LLP Dated: May -7 , 2014 By: U/lam David Hosenberg (20569) 1300 nglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 Attorneys for plaintiff Diana Raia 2 David H Rosenberg (PA 20569) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA RAIA, GERALD RAIA, v. TRACEY SPINELLA, LOUIS PHILIP SPINELLA, Plaintiffs, Defendants. NO.: 14-1826 CIVIL ACTION — LAW CERTIFICATE OF SERVICE On the 7th day of May, 2014, I hereby certify that a true and correct copy of Plaintiffs' Praecipe to Amend Caption was served upon the following by depositing in U.S. Mail: Sharon F. Harvey, Esq. Connor, Weber & Oberlies 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301-1775 By: Respectfully submitted, HANDLER HENNING & ROSENBERG LLP David H Rosenberg (20569) David H Rosenberg (PA 20569) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com ILo; l Uyf -. J 'j CUNBERL AND PENNSYLVANIA ENNS YL ANIA t }, 0 Attorneys for Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA RAIA, v. TRACEY SPINELLA, LOUIS PHILIP SPINELLA, Plaintiffs, Defendants NO.: 14-1826 CIVIL ACTION — LAW 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 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 Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By Dated: -5 - David ' osenberg Atto y for Plaintiff David H Rosenberg (PA 20569) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com Attorneys for Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA RAIA, v. TRACEY SPINELLA, LOUIS PHILIP SPINELLA, Plaintiffs, Defendants. NO.: 14-1826 CIVIL ACTION — LAW COMPLAINT Plaintiff, Diana Raia ("Mrs. Raia"), by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, makes this complaint against the Defendants, Tracey Spinella ("Defendant Driver") and Louis Philip Spinella ("Defendant Owner"), (collectively, the "Defendants"), and avers as follows: 1. Mrs. Raia is a competent adult individual and citizen of Pennsylvania having a primary address of 1240 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Driver is, upon information and belief, a competent adult individual currently residing at 10 Hazelwood Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant Owner is, upon information and belief, a competent adult individual currently residing at 10 Hazelwood Court, Mechanicsburg, Cumberland County, Pennsylvania. 4. At all times material hereto, Mrs. Raia was the operator of a 1997 Ford Explorer bearing Pennsylvania license plate number ZFX7764 ("Plaintiffs Vehicle"). 5. At all times material hereto, Defendant Driver was the owner and operator of a 2006 Toyota Highlander bearing Pennsylvania license plate number HGP2506 ("Defendants' Vehicle"). 6. At all times material hereto, Mrs. Raia was insured under an automobile policy with USAA Insurance Company and was covered under the full tort option. 7. At all times material hereto, it was daylight and there were no adverse weather or road conditions. 8. On April 6, 2012, at approximately 4:45 p.m., Mrs. Raia was traveling southbound on Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania. 9. At approximately the same time and place, Defendant was traveling behind Plaintiff's Vehicle on Carlisle Pike. 10. While traveling on Carlisle Pike, Plaintiff came to a stop at a traffic signal. 11. At approximately the same time and place, Defendant failed to react safely to Plaintiff's Vehicle, and suddenly and violently struck the rear of the Plaintiff's Vehicle. 2 12. As a direct and proximate result of the negligence of Defendant Driver, Mrs. Raia sustained injuries as set forth more specifically below. COUNT I — NEGLIGENCE Diana Raia v. Tracey Spinella 13. All prior paragraphs are incorporated herein as if set forth fully below. 14. The occurrence of the aforementioned collision and all the resultant injuries to Mrs. Raia are the direct and proximate result of the negligence and/or carelessness of Defendant Driver, generally and more specifically as set forth below: a. in driving Defendants' Vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3714; b. in failing to exercise reasonable care in the operation and control of Defendants' Vehicle, in violation of 75 Pa.C.S. § 3714; c. in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S. § 3310(a); d. in disregarding the speed of vehicles, the traffic upon the highway; and the condition of the highway, in violation of 75 Pa.C.S. § 3310(a); e. in failing to properly regulate the speed of Defendants' Vehicle so as to prevent a rear -end collision; f. in failing to operate Defendants' Vehicle at a speed that was safe for the existing conditions and at which she could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; 3 g. in failing to operate Defendants' Vehicle in such a manner that would allow her to apply the brakes and stop before striking the vehicle in front of her; h. in failing to have sufficient control of Defendants' Vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or any thing likely to arise under the circumstances; and in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant vehicle under such control that injury to persons or property could be avoided. 15. As a direct and proximate result of Defendant Driver's negligence, Mrs. Raia has: a. suffered personal injuries including, but not limited to, injuries to her head, neck, shoulder, and upper back; b. undergone continuing medical care for her injuries; c. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention 4 and will be required to spend money for the same purposes in the future, to her detriment and loss; e. been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; f. suffered a loss of life's pleasures and will continue to suffer the same in the future, to her detriment and loss; and g. been, and will in the future continue to be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Diana Raia, seeks damages from Defendant, Tracey Spinella, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II — NEGLIGENT ENTRUSTMENT Diana Raia v. Louis Philip Spinella 16. All prior paragraphs are incorporated herein as if set forth fully below. 17. Defendant Owner was the co-owner of Defendants' Vehicle, which Defendant Driver had permission to operate at the time of the collision. 18. Defendant Owner knew, or should have known, that Defendant Driver would be operating Defendants' Vehicle without reasonable care and safety. 19. As a direct and proximate result of the negligence of Defendant Owner, Mrs. Raia sustained extensive injuries and damages as set forth more specifically below. 5 20. The occurrence of the aforementioned collision and the resultant injuries to Mrs. Raia were the direct and proximate result of Defendant Owner's negligence in entrusting his vehicle to Defendant Driver and allowing her to operate the vehicle when he knew, or should have known, that Defendant Driver was not fit and/or competent to operate Defendants' Vehicle in a safe, non -negligent manner. 21. The occurrence of the aforementioned collision and all of the resultant injuries to Mrs. Raia are the direct and proximate result of Defendant Owner in negligently allowing Defendant Driver to operate Defendants' Vehicle when he knew, or should have known, of her propensity to operate vehicles as set forth below: a. in driving Defendants' Vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3714; b. in failing to exercise reasonable care in the operation and control of Defendants' Vehicle, in violation of 75 Pa.C.S. § 3714; c. in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S. § 3310(a); d. in disregarding the speed of vehicles, the traffic upon the highway; and the condition of the highway, in violation of 75 Pa.C.S. § 3310(a); e. in failing to properly regulate the speed of Defendants' Vehicle so as to prevent a rear -end collision; 6 f. in failing to operate Defendants' Vehicle at a speed that was safe for the existing conditions and at which she could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; g. in failing to operate Defendants' Vehicle in such a manner that would allow her to apply the brakes and stop before striking the vehicle in front of her; h. in failing to have sufficient control of Defendants' Vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or any thing likely to arise under the circumstances; and i. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendants' Vehicle under such control that injury to persons or property could be avoided. 22. As a direct and proximate result of Defendant Owner's negligence, Mrs. Raia has: a. suffered personal injuries including, but not limited to, injuries to her head, neck, shoulder, and upper back; b. undergone continuing medical care for her injuries; c. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; 7 d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss; e. been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; f. suffered a loss of life's pleasures and will continue to suffer the same in the future, to her detriment and loss; and g. been, and will in the future continue to be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Diana Raia, seeks damages from Defendant, Louis Philip Spinella, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: May 7 , 2014 Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP By: //1 H R enberg (PA 20569) 1300 Lin estown Road, Suite 2 Harrisb rg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com Attorneys for plaintiff, Diana Raia 8 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: David H Rosenberg (PA 20569) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA RAIA, GERALD RAIA, v. TRACEY SPINELLA, LOUIS PHILIP SPINELLA, Plaintiffs, Defendants. NO.: 14-1826 CIVIL ACTION — LAW CERTIFICATE OF SERVICE On the 7th day of May, 2014, I hereby certify that a true and correct copy of Plaintiffs' Complaint was served upon the following by depositing in U.S. Mail: Sharon F. Harvey, Esq. Connor, Weber & Oberlies 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301-1775 By: Respectfully submitted, HANDLER HENNING & ROSENBERG LLP David I osenberg (20569) TO: PARTIES: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Attorney for Defendant CONNOR, WEBER & OBERLIES BY: SHARON F. HARVEY, ESQUIRE ATTORNEY I.D. #25732 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-2808 1-7L. THE PR0THON0'7Airi ?OA JUN -9 AH 10: 59 UMBERL NO COUNTY PENNSYLVANIA Attorney for Defendants, Tracey Spinella and Louis Philip Spinella DIANA RAIA V. TRACEYSPINELLA and LOUIS PHILIP SPINELLA : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION - LAW : NO. 14-1826 DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendants' Tracey Spinella and Louis Philip Spinella, by and through their undersigned counsel, hereby respond as follows to Plaintiff's Complaint Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as the truth of the averments in this paragraph and as such, they are denied. Admitted. 3 AdMitted. 4. AdMitted. 5. Admitted. 6. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as the truth of the averments in this paragraph and as such, they are denied. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as the truth of the averments in this paragraph and as such, they are denied. 11. Denied. The averments contained in Paragraph 11 contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. 12. Denied. The averments contained in Paragraph 12 contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. COUNT I - NEGLIGENCE Diana Raia v. Tracey Spinella 13. Defendants incorporate by reference the responses contained in paragraphs 1 through 12 of their Answer as though set forth herein at length. 14. (a -i) Denied. The averments contained in Paragraph 14 (a -i) contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. Strict proof of same is denied at the time of trial of this matter. 15.(a -g) Denied. The averments contained in Paragraph 15(a -g) contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is demanded at the time of trial of this matter. By way of further Answer, Strict proof is demanded of the personal injuries sustained by plaintiff, the medical care received and its relationship to the injuries allegedly sustained in the April 6, 2012 incident is demanded. Moreover, Answering Defendant demands proof at the time of trial that Plaintiff has been forced to expend money to for medicine and/or medical care because of injuries allegedly sustained in the April 6, 2012 incident; has been unable to work as a result of the April 6, 2012 incident; suffered a loss of life's pleasures as a result of the April 6, 2012 incident and has been or will be in the future hindered from attending to her daily duties or chores or suffered any humiliation or embarrassment as a result of the April 6, 2012. WHEREFORE, Answering Defendants demand judgment in their favor and against Plaintiffs, together with costs, interest and any additional relief the Court may deem appropriate. COUNT II - NEGLIGENT ENTRUSTMENT Diana Raia v. Louis Philip Spinella 16. Defendants incorporate by reference the responses contained in paragraphs 1 through 15 of their Answer as though set forth herein at length. 17. Admitted. 18. Denied. The averments contained in Paragraph 18 contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. By way of further Answer, it is specifically denied that Defendant Driver failed to operate Defendant Owner's vehicle without reasonable. care and safety. At all times relevant, Defendant Driver was appropriately attentive based upon the circumstances presented. 19. Denied. The averments contained in Paragraph 19 contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. 20. Denied. The averments contained in Paragraph 20 contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. By way of further Answer, it is specifically denied that Defendant Owner was defendant in entrusting his vehicle to Defendant Driver who at all times relevant operated her vehicle in a manner appropriate to the circumstances. 21.(a -i) Denied. The averments contained in Paragraph 21(a -i) contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. By way of further Answer, strict proof of the allegations concerning Defendant Driver's propensity to operate her vehicle in violation of the cited Pennsylvania statutes is demanded at the time of trial of this matter. 22.(a -g) Denied. The averments contained in Paragraph 21(a -g) contain conclusions of law to which no responsive pleading is required, therefore they are deemed denied. Strict proof of same is denied at the time of trial of this matter. By way of further Answer strict proof of the personal injuries sustained by plaintiff, the medical care received and its relationship to the injuries allegedly sustained in the April 6, 2012 incident is demanded. Moreover, Answering Defendant demands proof at the time of trial that Plaintiff has been forced to expend money to for medicine and/or medical care because of injuries allegedly sustained in the April 6, 2012 incident; has been unable to work as a result of the April 6, 2012 incident; suffered a loss of life's pleasures as a result of the April 6, 2012 incident and has been or will be in the future hindered from attending to her daily duties or chores or suffered any humiliation or embarrassment as a result of the April 6, 2012. WHEREFORE, Answering Defendants demand judgment in their favor and against Plaintiffs, together with costs, interest and any additional relief the Court may deem appropriate NEW MATTER 1. Defendants incorporate by reference the responses contained in the preceding paragraphs of their Answer as though set forth herein at length. 2. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 3. Plaintiffs' claims are barred by the applicable statute of limitations. 4. Some or all of the damages claimed are not recoverable under the applicable law. 5. Answering Defendants aver that at all times material hereto, Plaintiffs' causes of action were governed by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seq., as amended, and Answering Defendants assert all defenses available to them under the terms of and decisions interpreting that Act. 6. Plaintiffs' claims are barred and/or reduced by virtue of them being subject to the "limited tort" option. 7. The sole, proximate cause of any injuries allegedly sustained by Plaintiff(s) was the carelessness, negligence and/or breach of obligations to him/ them by individuals and/or entities other than Defendants. 8. Plaintiff's recovery of damages, if any, is reduced and/ or eliminated because Plaintiffs failed to mitigate their damages. WHEREFORE, Answering Defendants demands judgment in their favor and against Plaintiffs, together with costs, interest and any additional relief the Court may deem appropriate. CONNOR, WEBER & OBERLIES By:.,./litikAmi I Sharon F. Harvey, Esire Attorney for Defendants Tracey Spinella and Louis Philip Spinella VERIFICATION I, Tracey Spinella, am the Defendant herein and I verify that the statements contained in the foregoing Answer and New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATED: . /zg/i� Tracey Spin lla VERIFICATION I, Louis Spinella, am the Defendant herein and I verify that the statements contained in the foregoing Answer and New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DA1 ED: -51261//4 CERTIFICATE OF SERVICE I, Sharon F. Harvey, Esquire, hereby certify that on this 5th day of June, 2014, a true and correct copy of Defendants' Answer with New Matter to Plaintiffs' Complaint was served upon all counsel of record at the address listed below via First Class, U.S. Mail with postage pre -paid from Paoli, Pennsylvania. David H. Rosenberg, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Plaintiffs' Counsel CONNOR, WEBER & OBERLIES By: Sharon F. Harvey, Efxire Attorney for Defendants, Tracey Spinella and Louis Philip Spinella David H Rosenberg (PA 20569) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com cull'EER A ND COUNT' PENNS ACvCq Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA RAIA, v. TRACEY SPINELLA, LOUIS PHILIP SPINELLA, Plaintiff, Defendants. NO.: 14-1826 CIVIL ACTION — LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Diana Raia, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., and responds to the Defendants' allegations of New Matter as follows: 1. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 2. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 3. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 4. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 5. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 6. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 7. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 8. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 9. Denied. These are conclusions of law to which a response is not required. Should a response be required, these averments are strictly denied. 2 WHEREFORE, Plaintiff, Diana Raia, seeks damages from Defendant, Louis Philip Spinella, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: June 9 , 2014 By: Respectfully submitted, HANDLER, H ING AND ROSENBERG, LLP David H Ros: berg (PA 20569) 1300 Lin: -stown Road, Suite 2 Harrisb , rg, PA 17110 Ph. 7 .238.2000 Fax 17.233.3029 rosenberg@hhrlaw.com Attorneys for plaintiff, Diana Raia 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) David H Rosenberg, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. David/ Rosenberg, Esquire Date: 6/9/2014 David H Rosenberg Attorney ID# 20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Rosenberg@hhrlaw.com Attorney for Plaintiff(s) DIANA RAIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 14-1826 TRACEY SPINELLA and LOUIS PHILIP SPINELLA . CIVIL ACTION - LAW Plaintiff(s) Defendant(s) CERTIFICATE OF SERVICE On, June 9, 2014, I hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Sharon F. Harvey, Esq. Connor, Weber & Oberlies 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301-1775 Attorney for: Tracey Spinella, Louis Philip Spinella HANDLER, HENNING & ROSENBERG, LLP David H Ro4nberg