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HomeMy WebLinkAbout14-2519 i Supreme C., ? ' ' nnsylvania COu mo leas For Prothonotary Use Only: ? Docket No: ♦�r� ST�I t1p C�u rland� County q 1 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. r� Commencement of Action: S ® Complaint IM Writ of Summons ® Petition Q Transfer from Another Jurisdiction [3 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: , Jamie Heberlig Linda Helen Destefano Dollar Amount Requested: E3 within arbitration limits I Are money damages requested? 0 Yes ® No (check one) El outside arbitration limits O N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: Andrea M. Cohick, Esquire ® Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. 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The Writ of Summons should be delivered to the Sheriff of Cumberland County for service upon Defendant, Linda Helen Destefano at the address listed above. METZtndOX ICKERSHAM, N USS ERB, P.C. By Cohic , t squire I.D. No. 307410 Zachary D. Campbell, Esquire I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106 -9200 (717) 238 -8187 Date:' ��� , 2014 Attorneys for Plaintiff 549021 -1 •, �� 0 � l METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 By: Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106 -9200 Attorneys for Plaintiff, (717) 238 -8187 Jamie Heberlig JAMIE HEBERLIG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTYoL , PENNSYLVANIA NO. , aSjq Vs. CIVIL ACTION - LAW LINDA HELEN DESTEFANO, Defendant JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Linda Helen Destefano 413 Mel Ron Court Harmony Hall Court Condo Carlisle, PA 17015 -8412 You are hereby notified that Plaintiff, Jamie Heberlig, has commenced an action against you. Date: Cq) r t L a 3 , 2014 Prothonotary 549021 -1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE!iF,R,IFF FILE, -OFFICE UP THE PROTHONOTARY OR MAY -$ PH 2: 514 CUMBERLAND COUNTY PENNSYLVANIA Jamie Heberlig vs. Linda DeStefano Case Number 2014-2519 SHERIFF'S RETURN OF SERVICE 04/30/2014 01:16 PM - Deputy Noah Cline, 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: Linda DeStefano at 4 Mel Ron Court, Middlesex Twonship, Carlisle, PA 17015. SHERIFF COST: $35.27 May 01, 2014 (c) CountySuile Sheriff, Teleosofi, Inc. NOAH CLINE, DEPUTY SO ANSWERS, RON1V R ANDERSON, SHERIFF 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, PLAINTIFF VS. LINDA HELEN DESTEFANO, DEFENDANT p e�,�BE J PI PE�,R�C© S V �7 � q � fo T y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-2519 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, Linda Helen DeStefano. Date: May 13, 2014 Respectfully submitted, LFFICE ER & DORER Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, PLAINTIFF VS. LINDA HELEN DESTEFANO, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-2519 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 Entry of Appearance to be served by regular first class mail upon: Andrea M. Cohick, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 2321 Paxton Church Road Harrisburg, PA '171 6-9 00 Attorney for Pl..�i� Date: May 13, 2014 Donald R. 'Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, PLAINTIFF VS. LINDA HELEN DESTEFANO, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-2519 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file ' o;,plaint ith enty (20) days hereof or suffer the entry of a Judgment of Non Date: May 13, 2014 Donald R. sorer, Esquire Attorney for Defendant Court I.D. 39126 RULE TO FILE COMPLAINT AND NOW, this 14 day of MI , 2014 a RULE is hereby entered upon the Plaintiff to file a Complaint here! within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, PLAINTIFF VS. LINDA HELEN DESTEFANO, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-2519 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 Complain to be served by regular first class mail upon: Date: May 13, 2014 Andrea M. Cohick, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 2321 Paxton Church Road Harrisburg, PA 17106-9200 Attorney for P/ai . T R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 PENNS YL VA A �" 'r NIA Attorneys for Plaintiff JAMIE HEBERLIG, IN THE COURT OF COMMON PLEAS Plaintiff vs. LINDA HELEN DESTEFANO, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014 -CV -2519 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendant, Linda Helen DeStefano c/o Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 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. 553190-1 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 553190-1 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 tomaraccion 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 717-249-3166 553190-1 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Attorneys for Plaintiff JAMIE HEBERLIG, IN THE COURT OF COMMON PLEAS Plaintiff vs. LINDA HELEN DESTEFANO, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014 -CV -2519 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jamie Heberlig, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff, Jamie Heberlig is an adult individual residing at 202 York Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Linda Helen DeStefano, is an adult individual with a last known address of 413 Mel Ron Court, Harmony Hall Court Condo, Carlisle, Cumberland County, Pennsylvania, 17015-8412. 3. The facts and circumstances hereinafter set forth occurred on May 15, 2012, at approximately 10:00 p.m. at the McDonald's Drive Thru located at 905 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Jamie Heberlig, was operating a 2005 Chrysler Sebring and was in the drive-thru at the McDonald's located at 905 Walnut Bottom 553190-1 Road, Carlisle, Cumberland County, Pennsylvania. She had already placed her order and was sitting at the second window, stopped and waiting to pay. 5. At the aforesaid time and place, Defendant, Linda Destefano, operating a 2005 Chevrolet Aveo, was also in the drive-thru at McDonald's, behind the vehicle being operated by Plaintiff, Jamie Heberlig. 6. The accident occurred when the employee from McDonald's opened the window to ask for payment from Plaintiff and Defendant, Linda Helen DeStefano, failed to slow down and/or stop her vehicle and struck the rear of the vehicle being operated by Plaintiff, Jamie Heberlig. 7. As a result of the collision, Plaintiff sustained injuries. 8. Defendant owed a duty to Plaintiff, Jamie Heberlig, and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff, Jamie Heberlig, in particular. 9. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Linda Helen DeStefano, in operating her vehicle in a careless and negligent manner as follows: (a) Failing to observe the vehicle Plaintiff was operating at the drive- thru of McDonald's; (b) Following too closely to the vehicle Plaintiff was operating in violation of 75 Pa.C.S.A. §3310 and applicable law; (c) Failing to slow or stop the vehicle she was operating so as to avoid a rear -end collision; (d) Failing to maintain and stop the vehicle she was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; 553190-1 (e) Failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with the rear of the vehicle Plaintiff was operating; (f) Failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; (g) Failing to give warning to Plaintiff of her impending collision with her vehicle; (h) Moving her vehicle when not safe to do so in violation of 75 Pa.C.S.A. §3333 and applicable law; (i) Operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714(A) and applicable law; (j) Failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (k) Operating her vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (l) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (m) Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A. §3362 and applicable law; (n) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (o) Failing to maintain a safe following distance; (p) Failing to observe stopped traffic; (q) Rearending the vehicle Plaintiff was operating; (r) Failing to stay alert to traffic; (s) Failing to keep her eyes on the roadway; (t) Otherwise operating her vehicle at an unsafe speed and in a careless and negligent manner; 553190-1 (u) In operating her vehicle when distracted; and (v) Failing to properly use her brakes. 10. As a direct and proximate result of the collision, negligence and carelessness conduct of Defendant, Linda Helen DeStefano, Plaintiff, Jamie Heberlig, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, may be an aggravation and/or exacerbation, and which include, but are not limited to, the following: (a) Basilar skull fracture; (b) Amnesia; (c) Fracture of the sphenoid on the right with fluid within the right side of the sphenoid sinus; (d) Concussion; (e) Head injury; (f) Head pain/headaches; (g) Paresthesias of the right side of the face; (h) Right eye twitching; (i) Bilateral occipital pain; (j) Dizziness; (k) Vertigo; (1) Nausea; (m) Vomiting; (n) Cervical muscle strain; (o) Lumbar spine strain; (p) Thoracic spine strain; (q) Lower back injury; (r) Back pain/injury; (s) Whiplash/whiplash syndrome; (t) Neck pain/injury; (u) Left ankle pain/injury; (v) Acute stress disorder; (w) Visual disturbances; (x) Anxiety; (y) Depression; (z) Difficulty concentrating; (aa) Tinnitus; (bb) Sleep disorder; (cc) Muscle spasms; 553190-1. (dd) (ee) (ff) (gg) Shoulder pain/injury; Upper arm pain/injury; Tingling/numbness into legs/feet; and Tingling/numbness into hands/arms. 11. As a direct and proximate result of the aforesaid collision, negligence, carelessness of Defendant, Linda Helen DeStefano, Plaintiff, Jamie Heberlig, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities all to her great loss and detriment. 12. As a directand proximate result of the aforesaid collision, negligence and carelessness of Defendant, Linda Helen DeStefano, Plaintiff, Jamie Heberlig, has and/or may in the future incur expenses for medical treatment, surgery and rehabilitation for which damages are claimed. 13. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant, Linda Helen DeStefano, Plaintiff, Jamie Heberlig, sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances, and travel to and from medical appointments for which damages are claimed. 14. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Linda Helen DeStefano, Plaintiff, Jamie Heberlig, has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 553190-1 15. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Linda Helen DeStefano, Plaintiff, Jamie Heberlig, has sustained or in the future may sustain scarring and disfigurement for which damages are claimed. 16. Plaintiff, Jamie Heberlig, was insured under a policy of insurance issued by Erie Insurance bearing policy number Q030409282H which was in effect on the date of the above - referenced collision. The full tort option was selected. Therefore, Plaintiff, Jamie Heberlig, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Jamie Heberlig, demands judgment against Defendant, Linda Helen DeStefano, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Date: 553190-1 , 2014 METZGEk WICKERSHAM, KNAUSS & ERB, P.C. By �►1�/11iv A_A Andrea M. Cohick, Esquire I.D. No. 307216 Zachary D. Campbell, Esquire I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Attorneys for Plaintiff VERIFICATION I, Jamie Heberlig, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: C/1/1 ' .i' 553190-1 CERTIFICATE OF SERVICE I, Andrea M. Cohick, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Complaint with reference to th foregoing action by first class mail, postage prepaid, this , 2014 on the following: Defendant, Linda Helen DeStefano c/o Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 553190-1 day of MET jL ER, WICKERSHAM,KNAUSS & ERB, P.C. 1/43 14-011532 LAW OFFICE OF SNYDER & DORER .1U 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 14-2519 LINDA HELEN DESTEFANO, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Denied. By way of further statement, Defendant, Linda Helen DeStefano, is an adult individual residing at 413 Mel Ron Court, Carlisle, Pennsylvania 17015. 3. Admitted in part, denied in part. It is admitted only that an occurrence took place on or about May 15, 2012 at approximately 10:00 p.m. at 905 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 4. Admitted in part, denied in part. It is admitted only that Plaintiff, Jamie Heberlig was operating a 2005 Chrysler Sebring on 905 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 5. Admitted in part, denied in part. It is admitted only that Defendant, Linda DeStefano, was operating a 2005 Chevrolet Aveo. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 6. Paragraph 6 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 7. Paragraph 7 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 8. The allegations in paragraph 8 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). 9. The allegations in paragraph 9 of the Complaint, including subparagraphs 9(a) through 9(v), 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). 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). 11. The allegations in paragraph 11 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). 12. The allegations in paragraph 12 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). 13. The allegations in paragraph 13 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). 14. The allegations in paragraph 14 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). 15. The allegations in paragraph 15 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). 16. The allegations in paragraph 16 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, Linda Helen DeStefano, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. NEW MATTER 17. Paragraphs 1 through 16 are incorporated herein by reference, and made a part hereof as if set forth in full. 18. The Plaintiff's 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. 19. The Plaintiff's 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, Linda Helen DeStefano, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, LAW/OFFICE OF S YDER & DORER f Date: June 12, 2014 Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. No. 14-2519 LINDA HELEN DESTEFANO, CIVIL ACTION -LAW DEFENDANT JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant, Linda Helen DeStefano 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 relating to unsworn falsification to authorities. �h Date: June 12, 2014 /! Donald R. Dorer, Esquire Attorney for Defendant, Linda Helen DeStefano Identification No. 39126 -«e-;+n y,,e a. a .� ,.-. ..e.�ra:<;rro..oteri':rcncu w?sxi..:'a�*`za3.��..._�a..w�+a-.tirva5;. -.ate-+a x+r:� � +�--,.--�-aw.v a.v,3 tea-a•� -.,� u..t =..mmm�. -� .. e....«> 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano IN THE COURT OF COMMON PLEAS JAMIE HEBERLIG, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF vs. No. 14-2519 LINDA HELEN DESTEFANO, CIVIL ACTION - LAW DEFENDANT 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 Answer to Complaint with New Matter to be served by regular first class mail upon: Andrea M. Cohick, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 2321 Paxton Church Road Harrisburg, PA 17106-9200 Attorney for Plal#iff Date: June 12, 2014 ------ "Donald �"Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, PLAINTIFF VS. LINDA HELEN DESTEFANO, DEFENDANT r 9 pt,•45 [-CENNS,i's 4 QUN y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-2519 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Answer to Complaint with New Matter for the attorney's Verification that had been filed with the Court on or about June 13, 2014. Date: June 18, 2014 Respectfully submitted, LAW OFFICE/OF/SNYDER & DORER Donald R. Dorer, Etti'ire Attorney for Defendant Court I.D. No. 39126 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, PLAINTIFF VS. LINDA HELEN DESTEFANO, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-2519 CIVIL ACTION - LAW JURY TRIAL DEMANDED lc, ft3l`-( VERIFICATION I, Linda H. DeStefano verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: 6 /6 -01011- Linda H. DeStefano 14-011532 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Linda Helen DeStefano JAMIE HEBERLIG, PLAINTIFF VS. LINDA HELEN DESTEFANO, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-2519 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 to Substitute Verification to be served by regular first class mail upon: Andrea M. Cohick, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 2321 Paxton Church Road Harrisburg, PA 17106-9200 Attorney for Plaintiff Date: June 18, 2014 D Ynal• R. D'orer, Esquire Attorney for Defendant Court I.D. No. 39126 METZGER, WIC'.KERSHAM, P.C. By; Andrea M. Cohick, Esquire _ Attorney I.D. No. 307410 Zachary U. Campbell, Esquire Attorney I.D. No, 93177 )�'��'', 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717; 238-8187 Attorneys for Plaintiff JAMIE HEBERLIG, IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 2014-CV-2519 VS. CIVIL ACTION - LAW LINDA HELEN DESTEFANO, . Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER 17. Paragraph 17 is an incorporation paragraph and no reply required. To the extent a reply is required, Defendant's Answer is admitted to the extent that it admits the allegations contained in Plaintiffs Complaint. Defendant's Answer is denied to the extentthat it denies the allegations contained in Plaintiff's Complaint. 18. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the Plaintiff has alleged in Paragraph 16 of her Complaint that, at the time of the accident, she was insured under a policy oe insurance issued by Erie Insurance Company wherein the full ton option was selected. Therefore, Defendant has no good faith basis to assert this defense. 551770-1 19. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Fa.RCP. No. 1029(c). By way of further reply, Plaintiffs claims are not barred by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law, including under §1722, if applicable. Furthermore, Plaintiff agrees that she cannot recover first party medical and wage loss benefits paid by her automobile insurance but they can recover any amount unpaid and/or in excess. WHEREFORE, Plaintiff, Jamie Heberlig, respectfully requests that Defendant's New Matter be dismissed and that judgment be entered in her favor and against Defendant as requested in the Complaint filed in this action. METZG Z, WICKERSHAM, KNAUSS & ERB,P.C. 1 /} r r IU4 `t By: ' k la ' 4( Andrea M. Cohick, 'quire Attorney I.D. No. 307410 2321 Paxton Church Road P. O. Box 69200 Harrisburg, PA 17106-9200 (717)238-8187 Attorneys for Plaintiff Dated: .110di/rdoi +tit 554170-I VERIFICATION I, Jamie Heberlig, hereby certify that the following is correct: The facts set forth in the foregoing Reply to New Matter is based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Reply to New Matter is that of counsel and not my own. i have read the Reply to New Matter,and to the extent that it is based upon infomation 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 content of the Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities Dated: 67, an( j lflsjrs rrr A ie t eberli_ i56Ra-I CERTIFICATE OF SERVICE AND NOW, L Andrea NI. Cohick, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served Plaintiffs Reply to Defendant's Answer to Complaint With New Matter this day by depositing the same in the United States mail, first class, postage prepaid, in Hauisburg, Pennsylvania, addressed to: Defendant Linda Helen DeStetano cio Donald R. Dorer, Esquire Snyder& Dorer 214 Senate Avenue, Suite 600 Camp Hilt, PA 17011 •-\ r nJ �l ? �II ' An'rea M. Cohick, Esquire n Al Date: s_ Ll , 2014 55477u-t