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HomeMy WebLinkAbout14-3313 Supreme Court 4of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUM LAND County 3l3 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: S IM Complaint [3 Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: MICHAEL R. LOE NICHOLAS J. LUNSFORD T I Are money damages nested? El ❑ No Dollar Amount Requested: ❑within arbitration limits Y g re 9 (check one) x❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Richard A. Sadlock, 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. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑x Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) 13 Employment Dispute: ❑ Slander/Libel!Defamation Discrimination C [I Other: ❑ Employment Dispute:Other El Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES _ ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: [3 Ejectment [3 Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment Ground Rent ® Mandamus ❑ Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial Quo Warranto❑ ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 MICHAEL R. LOE AND IN THE COURT OF COMMON PLEAS MARY J. LOE, his wife, CUMBERLAND COUNTY,ff NN YLVANIA Plaintiffs V. NO. 01391 ? -U1+ NICHOLAS J. LUNSFORD, CIVIL ACTION — LAW r Defendant JURY TRIAL DEMANDED NOTICE r �� YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claisetgtjrth -±r in the following pages, you must take action within twenty (20) days after this Co"intja:nd Notice are served, by entering a written appearance personally or by attorney arfiling-inCDr writing with the Court your defenses or objections to the claims set forth against yoi You are warned that if you fail to do so the case may proceed without you and a judgmeni�l ay be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 S. Bedford Street Carlisle PA 17013 800-990-9108 and adIock, ire ID No. FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 Date: 05/29/14 Attorney for Plaintiffs V MICHAEL R. LOE AND IN THE COURT OF COMMON PLEAS MARY J. LOE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. NICHOLAS J. LUNSFORD, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 800-990-9108 it: d A. Sadloc quire .000 ID47 FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717)671-1955 Date: 05/29/2014 Attorney for Plaintiffs Richard A.Sadlock, Esquire FREEBURN& HAMILTON ID No.47281 2040 Linglestown Road,Ste.300 Harrisburg PA 17110 (717)671-1955 rsadlock(J5)freeburnlaw.com Attorney for Plaintiff MICHAEL R. LOE AND IN THE COURT OF COMMON PLEAS MARY J. LOE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : V. NO. NICHOLAS J. LUNSFORD, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come Plaintiffs, Michael R. Loe and Mary J. Loe, by their attorneys, Freeburn & Hamilton, PC, and file the following Complaint: 1. Plaintiff, Michael R. Loe and Mary J. Loe, his wife, are adult individuals who reside at 83 Northview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Nicholas J. Lunsford, is an adult individual, who resides at 10 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter related took place on or about December i 4, 2013 at approximately 7:46 a.m. on Old Stonehouse Road, at the intersection with Appalachian Drive, in;Middlesex Township, Cumberland County, Pennsylvania. 4. The intersection of Old Stonehouse Road and Appalachian Drive forms a "- intersection." 5. At or about that time and place, Plaintiff, Michael R. Loe was operating his bicycle westbound on Old Stonehouse Road, approaching the intersection with Appalachian i Drive. I 6. At or about that time and place, Defendant, Nicholas J. Lunsford, was operating his vehicle eastbound on Old Stonehouse Road, approaching the intersection with Appalachian Drive. 7. Prior to commencing his travels that day, Defendant, Nicholas J. Lunsford, failed to clear his windshield of overnight ice and frost. 8. At or about that time and place, Defendant, Nicholas J. Lunsford, intended to turn left from Old Stonehouse Road onto Appalachian Drive. 9. At or about that time and place, Defendant, Nicholas J. Lunsford, failed to yield the right-of-way and made a left-hand turn directly into Plaintiff, Michael R. Loe's path causing a violent collision. 10. The foregoing collision and all of the injuries and damages set forth hereinafter suffered by Plaintiffs, Michael R. Loe and Mary J. Loe, are the direct and proximate result of the negligent and careless manner in which Defendant, Nicholas J. Lunsford, operated his motor vehicle as set forth above and as follows: a. In operating his vehicle at an excessive rate of speed; I b. In failing to have his vehicle under proper and adequate control; C. In failing to apply his brakes in sufficient time to avoid the collision; d. In negligently applying his brakes; e. In failing to observe Plaintiffs' bicycle on the highway; f. In failing to operate his vehicle in accordance with existing traffic conditions; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to keep a reasonable look-out for other vehicles lawfully on the road; 2 i. In attempting to enter an intersection when such movement could not be safely accomplished; j. In failing to yield the right-of-way to traffic already upon the highway; k. In turning in such a manner as to endanger other vehicles on the highway; I. In failing to observe oncoming traffic; M. In proceeding through an intersection when such movement could not be made in safety; n. In failing to keep a proper lookout for approaching vehicles; and o. In failing to yield the right-of-way to oncoming traffic. 11. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, including 75 Pa.C.S.A. §3361, which is intended to protect persons lawfully on the highway such as Plaintiff, Michael R. Loe, from personal injury, and thus constitutes negligence per se. i 12. Plaintiffs are entitled to recover non-economic damages because at the time of this accident, they were insured under an automobile insurance policy that provided the full tort option. i CLAIM I Michael R. Loe, Plaintiff v. Nicholas J. Lunsford, Defendant 13. Paragraphs 1-12 are incorporated herein by reference thereto. 14. By reason of the aforesaid collision, Plaintiff suffered painful and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, ribs, shoulders, clavicle and hips, some of which required surgical repair. i 3 i 15. By reason of the aforesaid collision and injuries, Plaintiff has suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 16. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries and to restore him to health,and claim is made therefore. 17. Plaintiff has not fully recovered from his injuries and it is reasonably likely that he will incur similar expenses in the future, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits he has lost and which he might reasonably have earned in the pursuit of his ordinary calling, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 20. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses;the exact amount of which cannot be ascertained at this time, and claim is made therefore. 21. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 22. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger, and claim is made therefore. 4 i i i 23. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror, and claim is made therefore. 24. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future, and claim is made therefore. 25. By reason of the aforesaid collision and injuries, Plaintiff has been deprived his enjoyment of the pleasures of life, and claim is made therefore. 26. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 27. As a result of the aforesaid injury, Plaintiff has sustained scars which will result in a permanent disfigurement, and claim is made therefore. CLAIM II Mary J. Loe, Plaintiff v. Nicholas J. Lunsford, Defendant 28. Paragraphs 1-27 are incorporated herein by reference thereto. 29. As a result of the aforementioned injuries suffered by her husband, Michael R. Loe, Plaintiff, Mary J. Loe, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of her husband, all of which will be of great detriment, and claim is made therefore. i 5 30. As a result of the aforementioned injuries suffered by her husband, Michael R. Loe, Plaintiff, Mary J. Loe, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries and to restore him to health, and claim is made therefore. WHEREFORE, Plaintiffs, Michael R. Loe and Mary J. Loe, demand judgment in their favor and against Defendant, Nicholas J. Lunsford, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, FREEBURN & HAMILTON, PC 4y: . S-00 , Esquire 81 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 05/29/14 Counsel for Plaintiffs i 6 VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of i 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I Dated: i z A ichael R. Loe IMO I AAQ L/ei aryoe I i i I G i I Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF2OE OF W ',?cPoF- I THE PROTHOI. 2514 JUN 10 PM 2:5I CUMBERLAND COUNT 'i' PENNSYLVANIA Michael R Loe vs. Nicholas J Lunsford Case Number 2014-3313 SHERIFF'S RETURN OF SERVICE 06/04/2014 12:28 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nicholas J Lunsford at 10 Tiffany Drive, Middlesex Township, Carlisl-, PA 17013. MIC TSHALL, DEPUTY SHERIFF COST: $35.27 SO ANSWERS, June 05, 2014 ROMs' R ANDERSON, SHERIFF (c) CountySuite Sherif, Teleosoft, Inc. STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: THE PROTHONOTAI? 2814 JUN 17 P!; 2: ) i UPENNsND COUNTY Y sbanko a(�maryolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MICHAEL R. LOE AND MARY J. LOE, his wife, Plaintiffs NICHOLAS J. LUNSFORD, Defendant DOCKET NO. 14-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter 'my appearance on behalf of Defendant, Nicholas J. Lunsford, in the above -captioned matter. Date: - v By: 3 ST 17" H ; Attorn - EDELSTEIN BANKO, JR. efendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record I by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 1 day of .2014, and addressed as follows: 11 Richard A. Sadlock, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) MARGOLIS EDELSTEIN 2 ykYl• 11411/ Ga Lwal Assistant Angela yman , STEPHEN L. BANKO,JR., ESQUIRE I 1"E k i';v ,0 Tie i1 Pa. Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN 2 i k Al".1 20 ii H: 20 3510 Trindle Road Camp Hill, PA 17011 %LJMBE=fiL/,WD COH''•{Y Telephone: (717)760-7501 P E i'$N S Y LVA I'd 1 A FAX: (717)975-8124 Attorney for Defendant E-mail: sbanko,(a margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MICHAEL R. LOE AND DOCKET NO. 14-3313 MARY J. LOE, his wife, Plaintiffs CIVIL ACTION - LAW V. JURY TRIAL DEMANDED NICHOLAS J. LUNSFORD, Defendant NOTICE TO PLEAD TO: Michael R. Loe and Mary J. Loe, his wife, Plaintiffs c/o Richard A. Sadlock, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. MA OLIS DELSTEIN Date: 1�— ' By: STE L. ANKO, JR. Counsel f r Defendant STEPHEN L.BANKO,JR.,ESQUIRE Pa.Supreme Court I.D.No.41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill,PA 17011 Telephone: (717)760-7501 FAX: (717)975-8124 Attorney for Defendant E-mail: sbankoAmargollsedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MICHAEL R. LOE AND DOCKET NO. 14-3313 MARY J. LOE, his wife, Plaintiffs CIVIL ACTION - LAW V. JURY TRIAL DEMANDED NICHOLAS J. LUNSFORD, Defendant ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted in part and denied in part. It is admitted that Defendant resides at this location, however, the correct zip code is 17015. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. 8. Admitted. 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, Defendant is unable to admit or deny the characterization that the collision was "violent". 10. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 11. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 12. Denied. The answer contained in paragraph 11 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer,with regard to Plaintiffs' allegation of their entitlement to cover non-economic damages, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. CLAIM I MICHAEL R. LOE. PLAINTIFF V. NICHOLAS J. LUNSFORD, DEFENDANT 13. The answers contained in paragraphs 1 to 12 hereof are incorporated herein by reference as if set forth in their entirety. 14. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with regard to any allegation that conduct on the part of Defendant caused injuries and damages alleged in Plaintiffs' Complaint, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 2 15. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 16. Denied. The answer contained in paragraph 16 hereof is incorporated herein by reference as if set forth in its entirety. 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 18. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 19. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 20. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 21. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 22. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 23. Denied. The answer contained in paragraph 14 hereof is incorporated j_ herein by reference as if set forth in its entirety. 24. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 25. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. 3 26. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if.set forth in its entirety. 27. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. WHEREFORE, Defendant, Nicholas J Lunsford, demands judgment in his favor against Plaintiffs. CLAIM II MARY J. LOE. PLAINTIFF V. NICHOLAS J. LUNSFORD. DEFENDANT 28. The answers contained in paragraphs 1 through 27 hereof are incorporated herein by reference as if set forth in their entirety. 29. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 30. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. WHEREFORE, Defendant, Nicholas J Lunsford, demands judgment in his favor against Plaintiffs. 4 NEW MATTER 31. The answers contained in paragraphs 1 through 30 hereof are incorporated herein by reference as if set forth in their entirety. 32. Plaintiffs' recovery is subject to and may be limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant, Nicholas J. Lunsford, demands judgment in his favor against Plaintiffs. M GOLIS EDELSTEIN Date: By: J)A — STEPHEP L. bANKO, JR. Counsel for Defendant 5 VERIFICATION I, Nicholas J. Lunsford, have read the foregoing Answer and New Matter to Plaintiffs' Complaint. The factual statements contained therein are known by me and are true and correct tothe best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A.Section 4904,relating to unsworn falsifications to authorities,which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: 2b 4 L" L NICHOLAS J. LUNSFORD { CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 19'M day of ol 2014, and addressed as follows: Richard A. Sadlock, Esquire Freeburn & Hamilton, PC 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 (Counsel for Plaintiffs) MARGOLIS EDELSTEIN hQd�Ta, " �1� Angela 0. Gayman, LeUal Assistant 7 Richard A. Sadlock, Esquire FREEBURN & HAMILTON ID No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 rsadlock@freeburnlaw.com OF ;',` r f o�NOTA 1C._ 2014 JUN 30 PH 1: 4 4 PEI NS Y� COUN NIA Attorney for Plaintiff MICHAEL R. LOE AND MARY J. LOE, his wife, Plaintiffs v. NICHOLAS J. LUNSFORD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • : NO. 14-3313 : CIVIL ACTION — LAW : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER 31. Defendant's averment does not require a response of pleading. Plaintiffs incorporate their Complaint herein by reference. 32. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits Plaintiffs recovery herein. All of Plaintiffs' injuries and damages are recoverable in the instant action. rte WHEREFORE, Plaintiffs, Michael R. Loe and Mary J. Loe, his wife, demand judgment in their favor and against Defendant, Nicholas J. Lunsford, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Dated: b• By. Respectfully submitted, FREEBURN & HAMILTON, PC . Sadloc . ^' quire 4728 40 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Counsel for Plaintiffs 2 VERIFICATION I, Richard A. Sadlock, Esquire, legal counsel for Plaintiffs, Michael R. Lowe and Mary J. Loe, his wife, having sufficient knowledge, information and belief, based upon information provided by my client, hereby verify that the statements in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter was duly served on the o� day of June, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill PA 17011 BY: Jessie K. Walsh, Legal Assistant to Richard A. Sadlock, Esquire ID No. 47281 FREEBURN & HAMILTON 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated:6/4(y Attorney for Plaintiffs 3