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HomeMy WebLinkAbout14-4656 Supreme Co '';ennsylvania Cou%offComm-on"Pleas For Prothonotary Use Only: GV41 C v Ohleet Docket No: fief S,l ?wr-- o Cu ~� "d County 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 0 Complaint ® Writ of Summons O Petition E ® Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Millers Capital Insurance Company John J. Gabel Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? Yes No O (check one) ®outside arbitration limits " N Is this a Class Action Suit? [3 Yes El No Is this an MDJAppeal? [3 Yes El No A Name of Plaintiff/Appellant's Attorney: Adam L. Seiferth, 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 [3 Board of Elections ® Nuisance ® Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S ® Product Liability(does not include E mass tort) 0 Employment Dispute: Slander/Libel/Defamation Discrimination C [3 Other: ® Employment Dispute:Other ® Zoning Board T © Other: I ® Other: O MASS TORT Asbestos N [3 Tobacco Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste n Other: ® Ejectment ® 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 0 Mortgage Foreclosure:Commercial 13 Quo Warranto ® Dental © Partition l3 Replevin Legal ® Quiet Title ®Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MILLERS CAPITAL INSURANCE CASE NO: , lX✓`-� r U l COMPANY a/s/o WAVELINE DIRECT, ) LLC, ) Plaintiff ) V. ) C..7 JOHN J. GABEL and KEYSTONE ) �_ PETROLEUM EQUIPTMENT, LTD., ) Defendants ) �? �'' n C:) v c-) =a N ter, 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 defense 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 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(s). 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 PROOVIDE 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 c CARLISLE,PA 17013 J (717)249-3166 5� 3.�]S1 C LL4 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted guiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de ]a demanda y ]a notificacion. Usted debe presentar una apariencia excrita o en persona o por abogado y archivar en la corte an forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se def ende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es predido en la peticion de demanda. Usted puede perder dinero o sus propriendades o stros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABROGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONCO A LA OFICINA CUYA DIRECCION SE ENCUENTRA EXCRITA ABAJO PARA AVERIGUAR DONDE SE PAUEDE CONSEQUIR ASSISTANCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MILLERS CAPITAL INSURANCE ) CASE NO: COMPANY a/s/o WAVELINE DIRECT, ) LLC, ) Plaintiff ) V. ) JOHN J. GABEL and KEYSTONE ) PETROL.EUM EQUIPTMENT, LTD., ) Defendants ) COMPLAINT AND NOW, comes the Plaintiff, Millers Capital Insurance Company a/s/o Waveline Direct, LLC (hereinafter referred to as "Plaintiff'), by and through its attorneys, Cipriani & Werner, P.C., and files this Complaint and, in support thereof, state as follows: 1. Plaintiff is an insurance company authorized to write insurance policies in the Commonwealth of Pennsylvania with a registered office address and principal place of business located at 805 North Front Street, Harrisburg, Dauphin County, Pennsylvania. 2. At all times relevant hereto, Plaintiff issued a policy of insurance to its Insured, Waveline Direct, LLC, to insure, among other things, its vehicles against property damage caused by third parties. 3. Defendant, John J. Gabel (hereinafter referred to as "Gabel"), is an adult individual and citizen of,the Commonwealth of Pennsylvania who resides at 740 Seitz Drive, Lewisberry, York County, Pennsylvania 17339. 4. Defendant, Keystone Petroleum Equipment, Ltd (hereinafter referred to as "Keystone") is a corporation organized under the laws of the Commonwealth of Pennsylvania with a a registered office address and principal place of business located at 981 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. At all times relevant hereto, Defendant, Keystone, acted by and through its agent, servant, and/or employee, Defendant, Gabel, who was acting within the course and scope of his agency, employment and/or authority with Defendant, Keystone. 6. At all times relevant hereto, Defendant, Keystone, owned a 2014 GMC Sierra pick-up truck bearing license plate number YGR4387 (hereinafter referred to as "pick-up") that was being driven by its employee, Defendant, Gabel. 7. On November 15, 2013, at or about 5:00 p.m., Defendant, Gabel, was driving the pick-up southbound on South Market Street/State Route 1.14 in the area where it'intersects with the U.S. Route 15 ramps in Upper Allen Township, Cumberland County, Pennsylvania. 8. At the aforementioned time and place, Vincentina Taylor, was operating a 2009 BMW bearing license plate number HZE0775 owned by Plaintiff's Insured, Waveline Direct', LLC (hereinafter referred to as "Plaintiffs vehicle"). 9. At all times relevant, Plaintiff's vehicle was lawfully stopped in traffic for the red light signal at the South Market Street and US Route 15 North Ramps intersection. 10. At the aforementioned time and place, Defendant, Gabel, failed to observe that traffic was stopped, and the pick-up proceed to collide into the rear end of Plaintiff's vehicle, thereby causing Plaintiff's vehicle to.collide into another vehicle in front of her and ultimately into a bridge pier for the US Route 15 overpass. 11. Defendant, Gabel, had a duty to operate the pick-up in a safe and careful manner and to keep a proper lookout so as not to collide with vehicles lawfully stopped on the roadway. 12. Asa result of Defendants'breach of this duty,Plaintiff s vehicle was totaled. 13. Plaintiff paid its Insured, Waveline Direct, LLC, the fair market value of the vehicle prior to the loss in an amount of$45,884.75. 1.4. Plaintiff recovered the salvage value of the vehicle in the amount of$6,860.00. 15. Plaintiff is subrogated to the rights of its Insured, Waiveline Direct, LLC, in an amount of$39,024.75. COUNT I-NEGLIGENCE PLAINTIFF v. JOHN J. GABEL 16. Plaintiff incorporates by reference each and every averment contained in paragraphs 1. through 15 above, as though the same were fully set forth herein at length. 17. Defendant, Gable, owed a duty to operate the pick-up he was driving in a safe and careful manner so as not to cause harm or damage to the property of others, including Plaintiff's Insured, Waiveline Direct, LLC. 18. The aforesaid collision was the direct and proximate result of Defendant, Gabel's, breach of this duty in operating the pick-up in a careless and negligent manner as follows: a. Failing to bring the pick-up to a stop before colliding with Plaintiffs vehicle; b. Driving the pick-up into the rear_ end of Plaintiff's stopped vehicle; c. Failing to keep a proper lookout for stopped vehicles, including Plaintiffs vehicle; d. Operating the pick-up an excessive rate of speed under the circumstances; e. Failing to keep the pick-up under control; f. Failing to apply the, brakes in a timely manner to avoid colliding with Plaintiff s vehicle; g. Failing to operate the pick-up in accordance with existing traffic conditions; h. Failing to pay attention to the surroundings; and, i. Operating the pick-up in careless disregard for the safety of property of others in violation of 75 Pa.C:S.A. §3714 and applicable law. 19. As a result of the negligence of Defendant, Gabel, Plaintiff had to pay the fair market value of its insured's totaled BMW, less recovered salvage, and a claim of$39,024.75 is made therefore. WHEREFORE, Plaintiff, Millers Capital Insurance Company, demands that judgment be entered in its favor and against Defendant, John J. Gabel, in the amount of $39,024.75, plus delay damages, costs of suit, interest, and such other relief as the Court shall deem just and proper and in an amount requiring this matter to be submitted to compulsory arbitration. COUNT II—VICARIOUS LIABILITY PLAINTIFF v. KEYSTONE PETROLEUM EOUIPTMENT, LTD. 20. Plaintiff incorporates by reference each and every averment contained in paragraphs I through 19 above, as if the same were fully set forth herein at length. 21. At all times relevant hereto, Defendant, Gabel, was an employee, agent and/or servant of Defendant, Keystone, and was acting within the course and scope of his employment with Defendant, Keystone. 22. Defendant, Keystone, is vicariously liable for the negligent acts of Defendant, Gabel,as more fully described above. WHEREFORE, Plaintiff, Millers Capital Insurance Company, demands that judgment be entered in its favor and against Defendant, Keystone Petroleum Equipment, Ltd., in the amount of$39,024.75, plus delay damages, costs of suit, interest, and such other relief as the Court shall deem just and proper and in an amount requiring this matter to be submitted to compulsory arbitration. Respectfully submitted, CIPRIANI &WERNER, P.C. BY: ADAM L. SEIFERTH, E QUI Attorney ID# 89073 1011 Mumma Road, Suite 20 Lemoyne, PA 17043 (717)-975-9600 Date: Counsel for the Plaintiff, MILLERS CAPITAL INSURANCE COMPANY VERIFICATION I hereby affirm that the following facts are correct: Millers Capital' Insurance Company is a Plaintiff in the foregoing action, and I am authorized to make this Verification on its behalf The attached Complaint is based upon information which I:have furnished'to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Complaint is that of counsel and. not of me. I have read the Complaint and, to the extent that it is based upon information which I have, given to my 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 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. § 4904 relating to unsworn. falsification'to authorities. Dated: A orized ese ve IL CAPI L INSURANCE COMPANY 05/1267154.vI MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID# 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 06174 -Pending AMD Attorney for Defendants 0111 411C 1 c ur,�@PC 4 P�. PENNS Y � C Ah'I MILLERS CAPITAL INSURANCE COMPANY a/s/o WAVELINE DIRECT, LLC, . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No: 2014-4656- CIVIL v. CIVIL ACTION — LAW JOHN J. GABEL and KEYSTONE PETROLEUM EQUIPMENT, LTD, JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants John J. Gabel and Keystone Petroleum Equipment, LTD in the above captioned case. Date: MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Domday, Esquire PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Adam L. Seiferth, Esquire Cipriani & Werener, P.C. 1011 Mumma Road, Ste 201 Lemoyne, PA 17043 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Domday, Esquire V PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com Date: (g- l ( SHERIFF'S OFFICE OF CUMBERLAND COUNTY RenmyR Anderson Flii...D-OFFiC.E.. Sheriff ;:..:F THE PROTHONOTAR'r �..^~v�� .'�.~~_.^ ` ---" ---'— 2014 SEP � P� �` �� Chief Deputy ^"''°�' -� ' '' °' �" Richard VVEtax��rt ^��7�� CUMBERLAND COUNTY Solicitor ����«Fnewemv�pPENNSYLVANIA - - - Millers Capital Insurance Company a/s/o Waveline Direct, LLC vs. John Gable (et al.) Case Number 2014-4656 SHERIFF'S RETURN OF SERVICE 08/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inqui for the within named Defendant to wit: John Gable, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 08/08/2014 10:44/\NY' Deputy Dennis Fry, being duly sworn according to |ew, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Chris Weikert, vice president, who accepted as "Adult Person in Charge" for Keystone Petroleum Equipment, Ltd. at 981 W. Trindle Road, Monroe Township, Mechanicsburg, PA 17055. DE "|SFRY DEPU 08/102014 09:31 AM - The requested Complaint & Notice served by the Sheriff ofYork County upon Diane Gabe, Wife of Defendantwho accepted for John Gable, at 740 Seitz Road, Lewisberry, PA 17339. Richard P. Keuerieber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $3979 SO ANSWERS, September 03, 2014 (c) CounlySuite Sheriff, Teieosoft, RONNYRANDERSON, SHERIFF Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ES Solici Richard E Rice Chief Deputy, Administrate MILLERS CAPITAL INSURANCE COMPANY a/s/o WAVELINE DIRECT, LLC, vs. JOHN J. GABEL (et al.) Case Number 14-4656 CIVIL SHERIFF'S RETURN OF SERVICE 08/18/2014 09:31 AM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT & NOTICE BY HANDING A TRUE COPY TOA PERSON REPRESENTING THEMSELVES TO BE DIANE GABLE,WIFE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR JOHN GABLE AT 740 SEITZ ROAD, LEWISBERRY, PA 17339. SHERIFF COST: $90.20 August 26, 2014 NOTARY Affirmed and subscribed to before me this 26TH day of AUGUST , 2014 TAYLOR �EK,K, DEPUTY IL RICHA'D P KEUE LEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shell1,-E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 05/1275914.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID# 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 06174-00280 Attorney for Defendants MILLERS CAPITAL INSURANCE COMPANY aisio WAVELINE DIRECT, LLC, Plaintiff EILED-OFFICE HE PROTHONOTAWf ?UPI SEP 15 PM 12: L'a CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No: 2014-4656 V. : CIVIL ACTION LAW JOHN J. GABEL and KEYSTONE PETROLEUM EQUIPMENT, LTD, : JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Domday, Esquir PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com 05/1267879.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID# 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 06174-00280 Attorney for Defendants MILLERS CAPITAL INSURANCE COMPANY a/s/o WAVELINE DIRECT, LLC, Plaintiff v. JOHN J. GABEL and KEYSTONE PETROLEUM EQUIPMENT, LTD, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Docket No: 2014-4656 : CIVIL ACTION LAW JURY TRIAL DEMANDED DEFENDANTS, JOHN J. GABEL and KEYSTONE PETROLEUM EQUIPMENT, LTD'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: Adam L. Seiferth, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Ste 201 Lemoyne, PA 17043 1 05/1267879.v1 1. Admitted upon information and belief. 2. Denied. Answering Defendants are without sufficient information and belief as to determine the truth of the averments contained herein and as such, these allegations are denied in accordance with Pa.R.C.P. 1029(c). 3. Admitted. 4. Admitted in part, denied in part. It is admitted only that Defendant Keystone Petroleum Equipment, LTD is a corporation organized under the laws of the Commonwealth of Pennsylvania with an office address of 981 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. The remaining averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Answering Defendants are without sufficient information and belief as to determine the truth of the averments contained herein and as such, these allegations are denied in accordance with Pa.R.C.P. 1029(c). 9. Admitted. 10. Admitted in part, denied in part. Answering Defendants admit the Defendant's vehicle impacted the rear of the 2009 BMW. The remaining allegations contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 05/1267879.v1 11. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 12. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 13. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 14. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 15. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 05/1267879.v1 COUNT I- NEGLIGENCE PLAINTIFF v. JOHN J. GABEL 16. Answering Defendant incorporates by reference paragraphs numbered 1 through 15 as set forth at length herein. 17. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 18. (a -i) Denied. The allegations in this paragraph and its subparts are conclusions of law to which no response of pleading is required. To the extent that a response is deemed required, the allegations contained herein are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 19. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, John J. Gabel, requests judgment be entered in his favor and against Plaintiff together with such other relief as this Court shall deem just and appropriate. COUNT II- VICARIOUS LIABILITY PLAINTIFF v. KEYSTONE PETROLEUM EQUIPMENT, LTD. 20. Answering Defendant incorporates by reference paragraphs numbered 1 through 19 as set forth at length herein. 4 05/1267879.v1 21. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 22. Denied. The allegations contained in this paragraph are conclusions of law to which no response to the pleading is required. To the extent that a response is deemed required, the averments in this paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Keystone Petroleum Equipment, Ltd., respectfully requests judgment be entered in its favor and against Plaintiff together with such other relief as this Court shall deem just and appropriate. NEW MATTER TO PLAINTIFF 23. Plaintiff failed to state a cause of action against Defendant upon which relief can be granted. 24. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. No act or omission on the part of Defendants was a substantial or contributing factor in bringing about Plaintiffs alleged damages, all such damages being expressly denied. 26. Any and all damages as described by Plaintiff in its Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiffs driver Vincentina Taylor and/or others over whom Defendants had no control or right of control. 5 05/1267879.v1 27. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 28. Plaintiffs claims may be barred by the defenses listed in Pa.R.C.P. 1030 as discovery may prove out. 9.-//i( Date: 6 05/1267879.v1 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Allison M. Domday, Esquir PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com Attorney for Defendants VERIFICATION JOHN J. GABEL, Individually and on behalf of KEYSTONE PETROLEUM EQUIPMENT, LTD., being duly sworn according to law deposes and says that he is authorized to make this verification of behalf of KEYSTONE PETROLEUM EQUIPMENT, LTD., and that the facts set forth in the foregoing Answer with New Matter, are true and correct to the best of his knowledge, information and belief. This verification is subject to 18 Pa. C.S. §4904 which provides for certain penalties for making false statements. DATE: 05/1267879.v1 2014 GABEL, Individually, and on behalf of eystone Petroleum Equipment, Ltd. 7 , • CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Date: Adam L. Seiferth, Esquire Cipriani & Werener, P.C. 1011 Mumma Road, Ste 201 Lemoyne, PA 17043 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Domday, EsquirV PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com