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HomeMy WebLinkAbout14-5419 St. I 1. 2014 3:29PM No. 6587 P. 2 lb Supreme C nia cou . leas For.Prothonofary Use Only; Docket No: U County The ii formation colleefed on tltts form is used solely for cota-t adminish ation ptvposes. This form does not supplement or replace the rlin attd ser}rice ofpleadittgs or oilier popes s as regrrir-ed b),Imi,or rales of court. Commencement of Action: 'S E) Complaint rl Writ of Summons ❑Petition 0 Transfer from Another Jurisdiction E3 Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: SUZANNE MUZZY SUSAN McCLOSKEY T Dollar Amount Requested: El within arbitration limits Are money damages requested? 0 Yes 0 No (check one) 0outside arbitration limits 0 N Is this a Class Action Suit? E3 Yes [M No Is this au MX-Appeat? 0 Yes 0 No A Name of Attorney: KARL J.JANUZZI,ESQUIRE 0 Checkhere 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 PR.TMAR Y WE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not nclside mass To,-t) CONTRACT(do not include Judgments) CfM APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ❑Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle 0 Debt Collection:Other [:] Board of Elections ❑Nuisance 0 Dept.of Transportation Premises Liability ❑ Statutory Appeal:Other S ❑Product Liability(does not Include Employment Dispute: E mass 101-1) Discrimination 0 Slander/Libel/Defamation ❑Employment Dispute:Other © Zoning Board C E)Other; other: T I Other: o MASS TORT 0 Asbestos N M Tobacco ❑Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste, 0 Ejectment M Common Law/Statutory Arbitration 0 Other: ❑ M Eminent Domain/Coiidenmation ❑Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute B Non-Domestic Relations []Mortgage Foreclosure:Residential Restraining Order PROPESSIONAL LIABLITY n Mortgage Foreclosure:Commercial ❑Quo Warranto Dental [J Partition ❑Replevin 0 Legal r]Quiet Title El Other: Medical ❑Other: ❑ Other Professional: up(lated I/Moll 4,» r�L/i�Cj f r SHOLLENBERGER & JANUZZI, LLP SEP TI" 2225 Millennium Way , , Psi 3. Pennsylvania 17025 CUk"RFR �,, Enola, e�,-,�,� �'�a'T t, Telephone Number: (717) 728-3200 P y'( A?0U r Fax Number: (717) 728-3400 Attorneys for Plaintiff SUZANNE L. MUZZY and LAWRENCE IN THE COURT OF COMMON PLEAS A. MUZZY, wife and husband, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANNIIA� V. NO. ' J—I �q eli/ f SUSAN M. McCLOSKEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 800-990-9108 717-249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SUZANNE L. MUZZY and LAWRENCE IN THE COURT OF COMMON PLEAS A. MUZZY, wife and husband, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. SUSAN M. McCLOSKEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 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 tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SUZANNE L. MUZZY and LAWRENCE IN THE COURT OF COMMON PLEAS A. MUZZY, wife and husband, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. SUSAN M. McCLOSKEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, SUZANNE L. MUZZY and LAWRENCE A. MUZZY, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiffs, SUZANNE L. MUZZY and LAWRENCE A. MUZZY, wife and husband, are adult individuals who currently reside at 4976 12th Avenue North, St. Petersburg, Florida 33710. 2. The Defendant, SUSAN M. McCLOSKEY, is an adult individual whose last known address is 301 North Street, Apt. 402, Millersburg, Pennsylvania 17061. 3. The facts and circumstances hereinafter set forth took place on October 12} 2012, at approximately 2:45 p.m. at the intersection of Route 11&15 South and Valley Street in East Pennsboro Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, SUZANNE L. MUZZY, was the operator of a 2005 Volvo XC90 bearing Florida registration number ABPZ46 that was 1 stopped for a red traffic signal on Route 11&15 South at the intersection with Valley Street in East Pennsboro Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Defendant, SUSAN M. McCLOSKEY, was the owner and operator of a 2011 Honda Accord bearing Arizona registration number AKH4840 that was traveling southbound on Route 11&15 when she failed to stop for a red traffic signal governing her direction of travel. 6. As a result of Defendant, SUSAN M. McCLOSKEY'S, failure to stop, Defendant's 2011 Honda Accord struck a 2004 BMW 530i that was stopped in front of her, forcing that vehicle into the rear of the 2005 Volvo XC90 operated by Plaintiff, SUZANNE L. MUZZY. 7. As a result of the aforesaid occurrence, Plaintiff, SUZANNE L. MUZZY, has suffered serious and permanent injuries, including but not limited to the following: (a) Right radial styloid tenosynovitis; (b) Right wrist injury; (c) Right shoulder injury; (d) Neck injury; (e) Back injury; (f) Severe shock to nerves and nervous system; (g) Extreme mental and physical anguish. 8. As a direct and proximate result of the aforesaid injuries, Plaintiff, SUZANNE L. MUZZY, has undergone and in the future will undergo great pain and suffering for which damages are claimed. . 2 9. As a further result of the aforesaid injuries, Plaintiff, SUZANNE L. MUZZY, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, SUZANNE L. MUZZY, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 11. Plaintiff, SUZANNE L. MUZZY, was the named insured on a policy of insurance issued by State Farm Mutual Automobile Insurance Company bearing policy number 910997859C which was in effect on the date of this collision. Plaintiff is a resident of the State of Florida and is not subject to selection of a tort option. Therefore, Plaintiff, SUZANNE L. MUZZY, remains eligible to claim compensation for non- economic loss and economic loss sustained in this collision pursuant to applicable tort law. 12. Furthermore, Defendant, SUSAN M. McCLOSKEY, was operating a vehicle registered in another state at the time of this collision. Therefore, Plaintiff, SUZANNE L. MUZZY, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNT I SUZANNE L. MUZZY v. SUSAN M. McCLOSKEY 13. Paragraphs 1 through 12 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 3 14. The aforesaid incident and resulting injuries to the Plaintiff, SUZANNE L. MUZZY, were a direct and proximate result of the negligence, carelessness and recklessness of the Defendant, which consisted of: a. Driving her motor vehicle in careless disregard forthe safety of persons or property in violation of Section 3714 of The PA Motor Vehicle Code; b. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of§3310(a) of the PA Motor Vehicle Code; C. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; d. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; e. In failing to have her vehicle under proper and adequate control; f. In failing to properly observe traffic signals controlling defendant's direction of travel; g. In failing to apply the brakes in time to avoid the collision; h. In failing to observe other vehicles in front of her on the highway; i. In failing to drive at a speed and in the manner that would allow her to stop within the assured clear distance ahead; j. In operating the vehicle in a manner not consistent with the road conditions prevailing at the time. 15. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, SUZANNE L. MUZZY. 4 WHEREFORE, Plaintiff, SUZANNE L. MUZZY, demands judgment against the Defendant, SUSAN M. McCLOSKEY, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. COUNT II LAWRENCE A. MUZZY, v. SUZANNE M. McCLOSKEY 16. Paragraphs 1 through 15 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 17. As a further result of injuries sustained by his wife, Plaintiff, LAWRENCE A. MUZZY, has been and will be deprived of the assistance, help, support, services, affection, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, the Plaintiff, LAWRENCE A. MUZZY, demands judgment against the Defendant, SUSAN M. McCLOSKEY, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERG & JANUZZI, LLP By: Karl J. J zi, squire Attorne or Plai tiff I.D. N . 6557C6 2225 illennium Way Enola, PA 17025 717/728-3200 Dated: September 8, 2014 5 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HL=0- FFlCE OF THE PROTHONOTA Y 2014 OCT06 AM 10: CUMBERLAND T�/ ~-'~ '`PENNSYLVANIA OFFICE QF THE -.4ERIFF Suzanne L Muzzy vs. Susan M McCloskey Case Numbe 2014-5419 SHERIFF'S RETURN OF SERVICE 0015C2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Susan M McCloskey, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to Iaw. 1007/2014 The requested Complaint & Notice returned by the Sheriff of Dauphin County, the within named Defendant Susan M McCloskey, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, October 07, 2014 RONNYRANDERSON, SHERIFF Shelley Ruhl Real Estee Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy SUZANNE L. MUZZY AND LAWRENCE A. MUZZY, WIFE AND HUSBAND VS SUSAN M. MCCLOSKEY Sheriffs Return No. 2014-T-2536 OTHER COUNTY NO. 2014-5419 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SUSAN M. MCCLOSKEY the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, OCTOBER 2, 2014. PER ANGIE KOHLER, BUSINESS MANAGER OF APARTMENT COMPLEX AT 301 NORTH STREET, MILLERSBURG, PA 17061, THE DEFENDANT MOVED MID -AUGUST TO ADDRESS 2019 SHADY OAK DRIVE, MOUNT JOY, PA 17552 (LANCASTER COUNTY). Sworn and subscribed to before me this 3RD day of October, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sherif By Dep u Sheriff Deputy: JESSICA KARL Sheriffs Costs: $61.25 9/19/2014 f Dauphin CountyP SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SUZANNE L. MUZZY and LAWRENCE A. MUZZY, wife and husband, Plaintiffs v. SUSAN M. McCLOSKEY, Defendant Ct ,4O1iO _,�is-•;, Y O 23 ((L fulfill1 lJLl J'' AND (I' CUMBEi1L -,;ND COW.Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA nn - NO. 14- — 544 l:�. V tL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint filed against the Defendant in the above -captioned matter. Dated: October 21, 2014 Respectfully submitted, SHOLLENBE By: 1 & JANUZZI, LLP Karl J. Jan,zzi, Es u1re 014 tis-il,11 aldf• �3�asgs SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,.; N� Sheriff 1 ROT �� t! i Jody S Smith't ' Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor C,F.F.( QF V kERIC=P P ENN$JYLVAN1 Suzanne L Muzzy vs. Susan M McCloskey Case Number 2014-5419 SHERIFF'S RETURN OF SERVICE 10/23/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Susan M McCloskey, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint & Notice according to law. 11/05/2014 02:03 PM - The requested Complaint & Notice returned by the Sheriff of Lancaster County, the within named Defendant Susan M McCloskey, not found. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, November 14, 2014 RONNf R ANDERSON, SHERIFF (c) CountySuile Sheriff, Teleosoft Inc, SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese Sheriff Charles Hamilton Chief Deputy SUZANNE L MUZZY vs. SUSAN M MCCLOSKEY Brad Harriz . Solicitor James Montanez Lieutenant Case Number 2014-5419 SHERIFF'S RETURN OF SERVICE 11/05/2014 02:03 PM - I, DEPUTY JEREMY SAWDEY, BEING DULY SWORN ACCORDING TO LAW, STATES I MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: SUSAN M MCCLOSKEY, BUT WAS UNABLE TO LOCATE THE DEFENDANT, THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT & NOTICE AS "NOT FOUND" AT 2019 SHADY OAK DRIVE, MOUNT JOY, PA 17552. SPOKE WITH DONNA MARGUCCI(RESIDENT)SHE STATED HER AND HER HUSBAND HAVE LIVED THERE FOR 2 YEARS. NEVER HEARD OF DEF. 964444t1iettvelluoi JER MY SA EY, EPUTY SHERIFF COST: $81.82 SO ANSWERS, 4%404 el` November 06, 2014 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK # DEBIT CREDIT 10/27/2014 Advance Fee Advance Fee 20824 $0.00 $150.00 10/27/2014 Receiving, Docketing & Return $9.00 $0.00 10/27/2014 Service $9.00 $0.00 10/27/2014 Affidavit $2.50 $0.00 10/27/2014 Deputy Time $10.00 $0.00 10/27/2014 Copies $6.00 $0,00 10/28/2014 Service Mileage $13.44 $0.00 10/30/2014 Service Mileage $13.44 $0.00 11/05/2014 Service Mileage $13.44 $0.00 11/06/2014 Not Found Retum $5.00 $0.00 11/06/2014 Refund $68.18 $0.00 BALANCE: $150.00 $150.00 $0.00 Plaintiff Attorney: SHOLLENBERGER & JANUZZI up, 2225 MILLENIUM WAY, ENOLA, PA 17025 Cc) CountySulte Sheriff, Teleosoft, Inc. r; SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SUZANNE L. MUZZY and LAWRENCE A. MUZZY, wife and husband, Plaintiffs v. SUSAN M. McCLOSKEY, Defendant I I (k fPi?O I liONO If 7 1c, Z 1 DEC -8 PH 1: 15 "UM3 R! A N D COUNTY PF ,S yl—pANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14 -`5419 Civ l CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint filed against the Defendant in the above -captioned matter. Respectfully submitted, SHOLLENBERG By: Karl J " Dated: 3 , 2014 & JANUZZI, LLP zi, Esquire 1 LAW OFFICES OF JEFFREY H. EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street - Suite 1802 Philadelphia, PA 19102 Jeffrey. Pollock(a�thehartford.corn (215) 446-7686 Attorney for Defendant Susan M. McCloskey SUZANNE L. MUZZY and LAWRENCE COURT OF COMMON PLEAS A. MUZZY, w/h VS. CUMBERLAND COUNTY SUSAN M. McCLOSKEY NO: 14-5419 TO THE PROTHONOTARY: above matter. ENTRY OF APPEARANCE Kindly enter my appearance for the Defendant, Susan M. McCloskey in the LAW OFFICES OF JEFFREY H. ISEMAN BY: or 4- i I Jeffrey . Pollock, Esquire Attor , for Defendant Susa M. McCloskey t ivl-7 11 i .1 i 4, t� ,,, •.. a L 1i z -"b IFS VAI I! LAW OFFICES OF JEFFREY H. EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street - Suite 1802 Philadelphia, PA 19102 Jeffrey. Pollock(c�thehartford . com (215) 446-7686 TO: plaintiffs You are hereby notified to plead to the enclosed within twenty (20) days from service hereof or a Default Judgment may be e ered against you. Attorney for Defendant Susan M. McCloskey SUZANNE L. MUZZY and LAWRENCE COURT OF COMMON PLEAS A. MUZZY, w/h CUMBERLAND COUNTY VS. JURY TRIAL DEMANDED SUSAN M. McCLOSKEY NO: 14-5419 DEFENDANT SUSAN MCCLOSKEY'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Answering Defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. 2. Admitted. 3.-12. Denied. After reasonable investigation, Answering Defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. gr The allegations contained in the corresponding paragraphs constitute conclusions of the law for which no responsive pleading is required, and they are therefore denied. COUNT I 13. Denied. The allegations contained in Paragraphs 1-12 inclusive are deemed denied and at issue without specific answers pursuant to to Pa.R.C.P. 1029(e). Denied. After reasonable investigation, Answering Defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraphs constitute conclusions of the law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, Answering Defendant demands Judgment in her favor. COUNT II 16. Denied. Theallegations contained in Paragraphs 1-15 inclusive are deemed denied and at issue without specific answers pursuant to Pa.R.C.P. 1029(e). 17. Denied. After reasonable investigation, Answering Defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of the law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, Answering Defendant demands Judgment in her favor and against Plaintiff, together with any other relief the Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFF 18. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 19. Plaintiff has failed to mitigate her damages. 20. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were caused by other entities or parties over which Answering Defendant has no control. 21. Plaintiffs claims are barred, in whole and/or in part, .by the appropriate statute of limitations. 22. Plaintiff voluntarily adopted a dangerous and hazardous method or manner of performing the actions that she was then undertaking when there was available to her a safe method and she thereby assumed the risk of injury in performing her actions. 23. Plaintiff's claims are barred, or must be reduced, as a result of Plaintiffs own negligence, which was the proximate cause of the incident described in Plaintiff's Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102. 24. Plaintiff's claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 25. Plaintiff's claims are barred and/or limited by the Pennsylvania Motor Vehicle No - Fault Insurance Act. 26. This Court lacks jurisdiction over the subject matter of the within action. 27. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were not proximately caused by any action or failure to act on behalf of Answering Defendant. 0 28. Answering Defendant avers that Plaintiff's cause of action is barred or limited by the Sudden Emergency Doctrine. WHEREFORE, Answering Defendant, Susan McCloskey, requests Judgment be answered in her favor and against Plaintiff, together with any other relief the Court deems appropriate. JMP/rd 13-00928818-1.doc 41 LAW OFFICEi JEFFREY - . EISEMAN BY r Jeffrey "ollock, Esquire Attorney • r Defendant Susan McCloskey VERIFICATION Jeffrey M. Pollock , Esquire, hereby deposes and says that he is the attorney for Defendant in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing Answer with New Matter and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: I. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the within Answer with New Matter to Plaintiff's Complaint was made on this 12th day of January, 2015, by United States Mail, postage prepaid, upon the following:. Karl J. Januzzi, Esquire kjAsholljanlaw.com 2225 Millenium Way Enola PA 17025 LAW OFFICES OF JEFFREY H. EISEMAN BY: •4•I JeffreFor Pollock, Esquire Attor Defendant Susan . McCloskey SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff SUZANNE L. MUZZY and LAWRENCE A. MUZZY, wife and husband, Plaintiffs v. SUSAN M. McCLOSKEY, Defendant L t t1 W I r G t. i., THE PRO I HCHO 2015 JAN IS PM 12: 2.2 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-5419 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, SUSAN McCLOSKEY, Defendant in the above -captioned action, hereby accept service of the Complaint. SUSAN McCLOSKY Defendant Dated: December 1', 2014