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HomeMy WebLinkAbout14-3594 ourt of`Pennsylvania Supreme C Court.of-Common Pleas For Prothonotary Use Only: Civil;Cover�Sheet Docket No: r county / Y 35 YZI,V,/ 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 lain or rules of court. Commencement of Action- El El Complaint Writ of Summons 0 Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: e ri t T Dollar Amount equested: J Elwithin arbitration limits I Are money damages requested?iqYes El No (check one) f&)utside arbitration limits O N Is this a Class Action Suit? El Yes 9 No Is this an MDJAppeal? 0 Yes o A Name of Plaintiff/Appellant's Attorney: lz 1QriA 0 Check here if you have no attorney(are a Self-Represented [Pro Sel 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 El Intentional El Buyer Plaintiff Administrative Agencies Ej Malicious Prosecution El Debt Collection:Credit Card 0 Board of Assessment ' Motor Vehicle Debt Collection:Other Q Board of Elections Nuisance Q Dept.of Transportation ❑� Premises Liability El Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) Employment Dispute: El Slander/Libel/Defamation Discrimination El Employment Dispute: Other E] Zoning Board C 0 Other: ❑ Other: ,I, T ❑ Other: O MASS TORT F1 Asbestos N 0 Tobacco Fj Toxic Tort-DES 0 Toxic Tort-implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Other: El Ejectment E] Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation E] Declaratory Judgment El Ground Rent 0 Mandamus El Landlord/Tenant Dispute Q Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial El Quo Warranto El Dental E] Partition El Replevin 0 Legal E] Quiet Title El Other: E] Medical Q Other: 0 Other Professional: Updated 1/1/2011 �y lip Pati � J3ii ¢� JUN 16 Pm 1: O u CUMBERLAND CCUFi i- KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE PENNSYLVANIA ATTORNEY I.D. 308358 3900 MARKET STREET CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff JOSEPH KRINER; : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA No. f Lf—j � 7 V. WESLEY KING, : JURY TRIAL DEMANDED Defendant. 10 A4 1131q - PRAECIPE FOR WRIT OF SUMMONS To: Prothonotary Please issue a Writ of Summons in the above-captioned civil action. This Writ of Summons shall be issued and forwarded to Hilary Vesell, Esquire, Plaintiff's Attorney. Respectfully Submitted, Date: b 116 ( aLqI HILARY VESELL Supreme Court I. # 308358 Attorney for Plai r lam 3 /� J 673 �� KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 MARKET STREET CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff JOSEPH KRINER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA V. WESLEY KING, : JURY TRIAL DEMANDED Defendant. WRIT OF SUMMONS To: Wesley King You are hereby notified that the above-named Plaintiff has commenced an action against you. &,e Prothonotary 4 Dated: b1l rB Deputy ( ) Check here if reverse is issued for additional information. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson :.l:3- ; Sheriff i t; i ,.: Jody S Smith Z JUL 21 D t Chief Deputy Richard W Stewart CUMBERLAND COUNT Y, Solicitor Pr uE r w I- E-.., PENNSYLVANIA Joseph Kriner Case Number vs. Wesley King 2014-3594 SHERIFF'S RETURN OF SERVICE 06/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Wesley King, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Writ of Summons according to law. 07/01/2014 03:35 PM-The requested Writ of Summons served by the Sheriff of York County upon Wesley King, personally, at 100 Yocumtown Road, Etters, PA 17319. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $29.99 SO ANSWERS, July 17, 2014 RONIR ANDERSON, SHERIFF 'Cv*u ant c i +soft L.r. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber ?,€ PETER J. MANGAN, ESQ. Sheriff c3,4---)165„ Solicitor Michael S. Hose }; Richard E Rice, II Chief Deputy, Operations cz Chief Deputy,Administration JOSEPH KRINER vs. Case Number WESLEY KING 14-3594 CIVIL SHERIFF'S RETURN OF SERVICE 07/01/2014 03:35 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: WESLEY KING AT 100 YOCUMTOWN ROAD. ETTERS, PA 17319. OI D STAHL, DEPUTY SHERIFF COST: $40.92 SO ANSWERS, July 11, 2014 RICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA 1 3arial Seal Lisa L."lhorpe, Notary Public City of York, York County M, C mrnission Expires Aug. 12,2017 MEMBEn,f li(.jy;,yAulA ASSOCIATION OF flOT � AFtiKj NOTARY Affirmed and subscribed to before me this / i1 o C.JA 11TH day of JULY 2014 (c5 Co.intyStfite Sheriff.Teleosoft,,nc 0251093183.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, Plaintiff vs. WESLEY KING, Defendant ATTORNEY FOR DEPENDANT Wesley King COURT OF COMMON PLEAS -0 OF CUMBERLAND COUNTY N) NO. 14-3594 --<c..n ---ic.,- --0 cz, -1 --4 -.T---' ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Wesley King in reference to the above captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant Wesley King I hereby certify that I have served a copy of his paper upon all other parties or their attorney of record by: (XXX) Regular First Class Mail July 16, 2014 0251093183.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, Plaintiff vs. WESLEY KING, Defendant ATTORNEY FOR DEFENDANT Wesley King COURT OF COMMON PLEAS 2 OF CUMBERLAND COUNTY-T,M rm rTi NO. 14-3594 0 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff, Joseph Kriner, to file a Civil Action within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Wesley King RULE TO FILE CIVIL ACTION AND NOW, this i2 5 day of , 2014, a Rule is hereby granted upon Plaintiff to file a Civil Action within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY 0251093183.1 - LAW O1-F10ES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, Plaintiff vs. WESLEY KING, Defendant ATTORNEY FOR DEFENDANT Wesley King c -a N COURT OF COMMON PLEAS _ --i OF CUMBERLAND COUNTY r -0 rn NO. 14-3594 �' r- = --I m. Zo = = 33 DEMAND AND PERFECTION FOR JURY TRIAL TO THE CLERK: Defendant, Wesley King, Demands a Jury Trial of twelve (12) in reference to the above captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant Wesley King I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: O Regular First Class Mail July 16, 2014 KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 MARKET STREET CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com JOSEPH KRINER, Plaintiff, v. PROTHONOr 1� Jy r� t, � AUG CU+* Pip PENNSYLVANIA AND UIQ Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. 14-3594 WESLEY KING, : JURY TRIAL DEMANDED Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 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 Ia notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en Ia Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ia 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 Ia demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por Ia 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 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. SERVICIO DE REFERIDO A ABOGADO COLEGIO DE ABOGADOS DEL CONDADO DE YORK ABOGACIA DEL CONADADO DE YORK CALLE MRKET #137 ESTE YORK, PA 17401 TELEFONO: (717) 854-8755 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available for disabled individuals having business before the Court, please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff JOSEPH KRINER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA v. WESLEY KING, : No. 14-3594 : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Joseph Kriner, by and through his Attorney Hilary Vesell, Esq. files this foregoing Complaint and avers the following: 1. Plaintiff, Joseph Kriner, is an adult individual that currently resides at 335 Wesley Drive, Mechanicsburg, Apt. 424. Cumberland County, Pennsylvania 17055. 2. Defendant, Wesley King is an adult individual that currently resides at 100 Yocumtown Road, Etters, York County, Pennsylvania 17319. 3. On July 6, 2014, Plaintiff, Joseph Kriner, was hit on his bike by an automobile which Wesley King was driving. 4. At the time of the accident, the Plaintiff was attempting to cross the intersection of Woodlawn Street and Wesley Drive in Mechanicsburg, Pennsylvania on his bicycle. 5. The Defendant failed to stop as required by law. 6. Defendant had last clear chance to stop his automobile before hitting Plaintiff. 7. The force of the collision caused Plaintiff to be catapulted from his bicycle and fall on the street. 8. The Plaintiff was then transported to the hospital from the scene of the accident. 9. This collision occurred as a result of the negligence of the Defendant. 10. The negligence of the Defendant consists, but is not limited to, the following: (a) Failing to properly operate and control his vehicle; (b) Operating said motor vehicle in a careless manner, without regard for the rights and safety of those lawfully upon the roadway; (c) Failing to keep alert and maintain lookout for the presence of other pedestrians and bicyclists on the roads and highways; (d) Failing to exercise due care under the circumstances; (e) Failure to keep alert and maintain a proper lookout for pedestrians and bicyclists on the roads and highways; (f) Failing to yield the right of way to any vehicle at an intersection or making an illegal turn; (g) Failing to stop said motor vehicle before striking the Plaintiffs bicycle; (h) Driving a vehicle in willful or wanton disregard for the safety of person or property; (i) Operating a motor vehicle while using and distracted by a cellular phone; (j) Any and all other acts of negligence and carelessness which may otherwise be proven at the time of trial. 11. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to: (a) a head injury in that the Plaintiff is now suffering from headaches (b) lower back pain (c) right leg pain (d) nerve damage to his right leg (e) lower leg injuries (f) injury to his right shoulder causing numbing sensations (g) a broken tooth (h) facial scaring including a bent lacerated nose 12. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, the Plaintiff was forced to incur medical bills and expenses for injuries suffered and he may continue to incur medical expenses in the future. 13. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, the Plaintiff, has suffered great physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his great physical and emotional detrimentand loss. 14. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, the Plaintiff has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his great detriment and loss. 15. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, the Plaintiff has been and probably will in the future be hindered from attending to his daily duties to his great detriment, loss, humiliation and embarrassment. WHEREFORE, Plaintiff, Joseph Kriner, seeks damages from Defendant, Wesley King, in an amount above the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Date: &10 1\1 Respectfully Submitted, KOPE & ASSOCIATES, LLC By: tel' c -'- Hilary Vesell,-quire VERIFICATION I, Joseph Kriner, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: 8 CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire, do hereby certify that I served a true and correct copy of the foregoing Complaint at the following address via facsimile and first class mail, postage prepaid on the date set forth below. Date: Laurie Tilghman, Esq. Attorney for Defendant 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 KOPE & ASSOCIATES, LLC ri)(0 0 Hilary Vesell, E ire Kope & Associate., LLC 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 Our File No. 0251093183.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, PLAINT'IF`F VS. WESLEY KING, DEFENDANT ATTORNEY FOR DEFENDANT Wesley King COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-3594 ENTRY OF APPEARANCE -4 ''rr 7,3 CD -,. TO THE CLERK: Please enter my Appearance on behalf of Defendant, Wesley King, in reference to the above - captioned case. LAURIE B. TILGHM Attorney for Defendant Wesley King I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular US Mail. Our File No. 0251093183.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, PLAINTIFF VS. WESLEY KING, DEFENDANT ATTORNEY FOR DEFENDANT Wesley King COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-3594 DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Wesley King, Demand(s) a Jury Trial of twelve (12) in reference to the above -captioned case. LAURIE B. TJLGH [I\ , ES Attorney for Defendant(s) Wesley King I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class mail. 0251093183.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, Plaintiff vs. WESLEY KING, Defendant TO: Joseph Kriner, Plaintiff C/O Hilary Vesell, Esq. 3900 Market St Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT Wesley King COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-3594 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), WESLEY KING, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAURIE :. TILGHMAN, E Attorney for Defendant(s) Wesley King DATED: I.)7.fu 0251093183.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, Plaintiff vs. WESLEY KING, Defendant ATTORNEY FOR DEFENDANT Wesley King COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-3594 DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Wesley King, by and through the undersigned counsel, answer(s) the Plaintiff's Complaint as follows: 1. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, the averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). As such, no responsive pleading is required. 2. ADMITTED. 3. DENIED pursuant to Pa.R.C.P. 1029(e). 4. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, the averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). As such, no responsive pleading is required. 5. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. 6. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. 7. DENIED pursuant to Pa.R.C.P. 1029(e). 8. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, the averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). As such, no responsive pleading is required. 9. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent or careless. To the contrary, answering Defendant(s) acted reasonably and with due care. 10. (a j, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 11. (a -h, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 12. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 13. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 14. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 15. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. WHEREFORE, Defendant, Wesley King, demands Judgment in His favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 16. Pennsylvania Comparative Negligence Act All negligence causes of action and/or claims asserted against answering Defendant are limited, governed, barred and/or restricted, by the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102, the relevant terms of which are incorporated by reference herein. 17. Financial Responsibility Law All causes of action and/or claims as set forth in all Civil Action(s)/Complaints(s) are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 18. Limited Tort -ACT 6 All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, including but not limited to the "limited tort" provisions of Section 1705, and in accordance with the "tort option" chosen and/or elected in the policy of insurance purportedly providing coverage for the accident in question. 19. Assumption of the Risk All causes of action and/or claims asserted against answering Defendant are barred by the Doctrine of Assumption of the Risk, as the direct and proximate cause of any injuries/damages allegedly suffered by the Plaintiff was the assumption of the risk by the plaintiff in her knowingly subjecting herself to the risk of injury/damages incurred. 20. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 21. Doctrine of Mitigation of Damages Plaintiff's injuries or damages are barred and/or limited by the Doctrine of Mitigation of Damages. WHEREFORE, Defendant, Wesley King, demands Judgment in His favor and against all parties. (AAA LAURIE l . TILG Attorney for Defendant(s) Wesley King VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Wesley King, and the facts set forth in the foregoing pleading are true and correct to the best of Her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. IbLAg J' LAURIE B. TILGHMAN, SQ. Attorney for Defendant(s) Wesley King CERTIFICATE OF SERVICE I do hereby certify that on August 19, 2014 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. LAURIEB.TITG , E Attorney for Defendant s Wesley King Our File No. 0251093183.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 JOSEPH KRINER, PLAIN'1`1FF VS. WESLEY KING, DEFENDANT TO THE CLERK: ATTORNEY FOR DEFENDANT. Wesley King COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-3594 CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of --- Defendant's Interrogatories Addressed to Plaintiff, Joseph Kriner; and, Defendant's Request for Production of Documents Directed to Plaintiff, Joseph Kriner, were served this date by United States Mail, First Class, postage prepaid, upon: Hilary Vesell, Esq. 3900 Market St Camp Hill, PA 17011 LAURIE B. TILGHM Attorney for Defendant Wesley King Dated: August 19, 2014 1'IL1 D-Oi r CE THE PRQTH0NO ,Ai 2Dl'+SEP -5 PM 2:50 CUMBERLAND SAN A,1 KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 MARKET STREET CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff JOSEPH KRINER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA : No. 14-3594 WESLEY KING, : JURY TRIAL DEMANDED Defendant. ANSWER TO NEW MATTER v. 16. No response required to a legal conclusion. 17. No response required to a legal conclusion. 18. No response required to a legal conclusion. 19. No response required to a legal conclusion. 20. No response required to a legal conclusion. 21. No response required to a legal conclusion. Date: 914/y Respectfully Submitted, KOPE & ASSOCIATES, LLC Hilary Vesel Esq. VERIFICATION I, Hilary Vesell, Plaintiff's attorney in this matter, verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: Page 2 of 3 KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 MARKET STREET CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff JOSEPH KRINER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA : No. 14-3594 V. WESLEY KING, : JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE I, Hilary Vesell, hereby certify that on September 3, 2014, I served a copy of the foregoing Answer to New Matter by first-class, United States mail, to the following: Laurie Tilghman, Esq. 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 KOPE & ASSOCIATES, LC Hilary Ves Esquire I.D. 30835 Kope & Associates, LLC 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 Page 3 of 3