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Home My WebLink About14-5440 Supreme Court of Pennsylvania Courf.O Common.Pleas For Prothonotary Use Only: � .; Civil''Covir,Sheet Docket No: , Ctimtierland County _r 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 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Jay R.Allen Logan C. Redcay T Dollar Amount Requested: []within arbitration limits I Are money damages requested? 0 Yes El No (check one) Foutside arbitration limits O N Is this a Class Action Suit? 0 Yes 9 No Is this an MDJAppeal? Yes IX No A Name of Plaintiff/Appellant's Attorney: Stephen K. Portko, Esq. 0 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle Q Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability ❑ Statutory Appeal:Other S 0 Product Liability (does not include E mass tort) El Employment Dispute: Slander/Libel/Defamation Discrimination 0 C 0 Other: :7 Employment Dispute:Other 0 Zoning Board 0 Other: ,I, I 17l, Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E Toxic Waste 0 Other: El Ejectment C i Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation _ Declaratory Judgment Ground Rent 0 Mandamus Landlord/Tenant Dispute 0 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Quo Warranto El Dental Q Partition 0 Replevin 0 Legal IOT' Quiet Title 0 Other: 1 Medical 0 Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION Plaintiff(s)&Address(es) Jay R. Allen & Deborah A. Allen 1611 Virginia Ave. Dover, PA 17315 r,J Case No. Civil Term VS. Civil Action Defendant(s)&Address(es) Logan C. Redcay & t ', Stephanie D. Redcay C_- 867 Alexander Spring Rd ,r"'w s AMY Carlisle, PA 17015 `'-�, ' _ PRAECIPE FOR WRIT OF SUMMONS Z_C.) =)"` TO THE PROTHONOTARY/CLERK OF SAID COURT: < Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne Sheriff Please Circe rhnirpA a Date: �(� 12,/ Signature Signature of Attorney Print Name: Stephen K. Portko, Esq. Address: 101 South US Route 15, Ste B Dillsburg, PA 17019 Telephone#:717-432-2538 Supreme Court ID Number: 34538 WRIT OF SUMMONS TO: Logan C. Redcay& Stephanie D. Redcay YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S)HASMAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/ ler ,Civil ivision Date: Deputy li' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY IL 1) lHi EiR SEP 3.0 Pi -1 3: 43 CUMBERLAND Coir Y PENNS YLVANI A Jay R Allen (et al.) vs. Logan Redcay (et al.) Case Number 2014-5440 SHERIFF'S RETURN OF SERVICE 09/19/2014 10:42 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Stephanie Redcay, mother, who accepted as "Adult Person in Charge" for Logan Redcay at 867 Alexander Spring Road, Carlisle, PA 17015. DEN S FRY, DEP 09/19/2014 10:42 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Summons by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Stephanie Redcay at 867 Alexander Spring Road, Carlisle, PA 17015. DEN SFRY,DEP .Y SHERIFF COST: $50.78 SO ANSWERS, September 22, 2014 (c) CountySuite Sheriff, Teleosaft Inc. RONN R ANDERSON, SHERIFF Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #9162,3 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Luisa_F_Borelli@Progressive.com Our File #125943711-001 Attorney for Defendants Logan Redcay and Stephanie D. Redcay c: C) r r ' Jay R. Allen and Debrorah A. Allen : Court of Common Pleas j : Cumberland County (./; ;-. v. -o o y0 c..) .,--1, Logan C. Redcay and Stephanie D. Redcay .— p . 14-5440 ....; C) PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the Entry of Judgment Non Pros. Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney for Defendants ,, OO RULE TO FILE COMPLAINT T AND NOW, tee. ?u l y a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the Entry of Judgment Non Pros. 1�CZ� PROTHONOTARY Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #916243 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Luisa_F_Borelli@Progressive.com Our File #125943711-001 Jay R. Allen and Debrorah A. Allen v. Logan C. Redcay and Stephanie D. Redcay Attorney for Defendants Logan Redcay and Stephanie D. Redcay : Court of Common Pleas : Cumberland County 14-5440 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Logan Redcay and Stephanie D. Redcay in the above -captioned matter. Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney for Defendants STEPHEN K. PORTKO, ESQ. Attorney for Plaintiffs LAW OFFICES OF STEPHEN K. PORTKO Jay R. Allen & Deborah A. Allen 101 South US Route 15, Suite B Dillsburg, PA 17019 Tel: 717-432-2538 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAY R. ALLEN & DEBORAH A. ALLEN : PLAINTIFFS V. No. 14-5440 — Civil LOGAN C. REDCAY AND STEPHANIE D. REDCAY DEFENDANTS NOTICE r) cr _1 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a 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, is corte tomara medidas y puede continuer •ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 STEPHEN K. PORTKO, ESQ. Attorney for Plaintiffs LAW OFFICES OF STEPHEN K. PORTKO Jay R. Allen & Deborah A. Allen 101 South US Route 15, Suite B Dillsburg, PA 17019 Tel: 717-432-2538 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAY R. ALLEN & DEBORAH A. ALLEN : PLAINTIFFS V. No. 14-5440 Civil LOGAN C. REDCAY AND STEPHANIE D. REDCAY DEFENDANTS COMPLAINT NOW COME the Plaintiffs, Jay R. Allen and Deborah A. Allen, by and through their attorney, Stephen K. Portko, Esquire, and make the within Complaint against the Defendants, Logan C. Redcay and Stephanie D. Redcay, as follows: 1. Plaintiffs, Jay R. Allen and Deborah A. Allen, husband and wife, are adult individuals residing at 1611 Virginia Avenue, Dover, York County, Pennsylvania 17315. 2. Defendant, Logan C. Redcay, is an adult individual residing at 867 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Defendant, Stephanie D. Redcay, is an adult individual residing at 867 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 4. The facts and occurrences hereinafter related took place on or about September 16, 3 2012 at or about 4:51 P.M. on Boiling Springs Road (State Route 74) in Monroe Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff, Jay R. Allen, was the driver of a 2008 Dodge Ram, in which Plaintiff Deborah A. Allen was a passenger. 6. At the aforesaid time and place, Defendant, Logan C. Redcay, was the driver of a 1998 Ford Escort, which vehicle was owned by Defendant, Stephanie D. Redcay. 7. At the aforesaid time and place Defendant, Logan C. Redcay, was traveling north on State Route 74 and Plaintiffs Jay and Deborah Allen were traveling south on State Route 74, a two lane road. For unknown reasons Defendant, Logan Redcay, attempted to make a left hand turn onto State Route 174 directly in the path of Plaintiffs vehicle, which had the right of way, causing Defendant's vehicle to collide into the front of Plaintiffs vehicle. 8. At all times material to this Complaint the Plaintiffs, Jay R. Allen and Deborah A. Allen, were insured, having selected a full tort option. COUNT I JAY R. ALLEN V. LOGAN C. REDCAY 9. All of the aforesaid averments contained in paragraphs 1 through 8 are realleged and incorporated by reference as if more specifically plead herein. 10. At that time and place the vehicle operated by Defendant, Logan C. Redcay, was caused or allowed to go out of control smashing into the vehicle operated by Jay R. Allen, causing the Plaintiff to sustain serious injuries including but not limited to the ones set forth below. 11. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant, Logan C. Redcay, operated his vehicle as follows: (a) In failing to keep proper and adequate control over his vehicle; 4 (b) In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa.C.S.A. Section 3714; (c) In making a left turn in front of oncoming traffic in violation of 75 Pa.C.S.A. Section 3322; (d) In failing to apply his brakes in time to avoid striking the vehicle in which Plaintiff was an occupant; (e) In being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions in violation of 75 Pa.C.S.A. Section 3303; (f) Failing to operate his vehicle safely in accordance with existing traffic conditions and traffic controls and in violation of 75 Pa.C.S.A. Section 3303; (g) In failing to operate his vehicle safely, under such control as to be able to stop on the shortest possible notice in violation of 75 Pa.C.S.A. Section 3361; (h) Otherwise operating his vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 12. As a result of the aforementioned accident, Plaintiff, Jay R. Allen, sustained painful and severe injuries to his body and nerves or aggravation of an underlying condition, including but are not limited to: (a) Neck and back injuries; (b) Shoulder injuries, including a left rotator cuff tear, which required surgical repair; (c) Contusions 5 13. By reason of the aforesaid injuries sustained by Plaintiff, Jay R. Allen, he incurred or will have to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses, including replacement services, in an effort to restore himself to health, and claim is made therefore. 14. Because of the nature of his injuries, Plaintiff, Jay R. Allen, has been advised, and therefore, avers the he will be likely to incur similar expenses in the future, and claim is made therefore. 15. As a result of the aforesaid injuries, Plaintiff, Jay R. Allen, has undergone and in the future will undergo a great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 16. As a result of the aforesaid injuries, the Plaintiff, Jay R. Allen, has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefore. 17. As a result of the aforementioned injuries, Plaintiff, Jay R. Allen, has sustained work loss, loss of opportunity and likely permanent diminution of his earning power and capacity, and claim is made therefore. 18. As a result of the aforesaid injuries, Plaintiff, Jay R. Allen, has sustained uncompensated work loss, and claim is made therefore. 19. Plaintiff, Jay R. Allen, 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. 20. Plaintiff, Jay R. Allen, has been plagued by persistent pain and limitation of body and, therefore, avers that he sustained serious impairment of body function and a claim is made therefore. WHEREFORE, Plaintiff, Jay R. Allen, demands judgment of the Defendant, Logan C. Redcay, in an amount in excess of Fifty Thousand and 00/100 ($50,000) Dollars and in excess of the 6 amount requiring compulsory arbitration. COUNT II DEBORAH A. ALLEN V. LOGAN C. REDCAY 21. All of the aforesaid averments contained in paragraphs 1 through 20 are realleged and incorporated by reference as if more specifically plead herein. 22. As a result of the aforementioned accident, Plaintiff, Deborah A. Allen, sustained painful and severe injuries to her body and nerves or aggravation of an underlying condition, including but are not limited to: (a) Fractured sternum; (b) Large hematoma on left breast and abdominal walls; (c) Residual breast fibrosis, requiring biopsy and continuing additional screenings for breast cancer (d) Contusions and abrasions 23. By reason of the aforesaid injuries sustained by Plaintiff, Deborah A. Allen, she incurred or will have to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses, including replacement services, in an effort to restore herself to health, and claim is made therefore. 24. Because of the nature of her injuries, Plaintiff, Deborah A. Allen, has been advised, and therefore, avers the she will be likely to incur similar expenses in the future, and claim is made therefore. 25. As a result of the aforesaid injuries, Plaintiff, Deborah A. Allen, has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 26. As a result of the aforementioned injuries, Plaintiff, Deborah A. Allen, has sustained 7 work loss. 27. As a result of the aforesaid injuries, Plaintiff, Deborah A.. Allen, has sustained uncompensated work loss, and claim is made therefore. 28. Plaintiff, Deborah A. Allen, was plagued by persistent pain and limitation and avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. WHEREFORE, Plaintiff, Deborah A. Allen, demands judgment of the Defendant, Logan C. Redcay, in an amount in excess of Fifty Thousand and 00/100 ($50,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT III JAY R. ALLEN & DEBORAH A. ALLEN V. STEPHANIE D. REDCAY 29. All of the aforesaid averments contained in paragraphs one (1) through twenty-eight (28) are realleged and incorporated by reference as if more specifically plead herein. 30. At all times relevant hereto Defendant Stephanie D. Redcay was the owner of the 1998 Ford Escort driven by Defendant Logan C. Redcay. 31. The vehicle which collided with the Plaintiffs vehicle was owned by the Defendant Stephanie D. Redcay and was at all times relevant hereto being operated by Logan C. Redcay, with Stephanie D. Redcay's consent and permission. 32. Defendant, Stephanie D. Redcay, gave her consent and permission for Logan C. Redcay to drive said vehicle and said Logan C. Redcay was acting as an employee, agent and/or servant of Stephanie D. Redcay and was operating the aforesaid vehicle in furtherance of such. WHEREFORE, Plaintiffs, Jay R. Allen and Deborah A. Allen, demand judgment of the Defendant, Stephanie D. Redcay, in an amount in excess of Fifty Thousand and 00/100 ($50,000) 8 Dollars and in excess of the amount requiring compulsory arbitration. COUNT IV — CONSORTIUM CLAIM DEBORAH A. ALLEN V. LOGAN C. REDCAY 33. Paragraphs one (1) through thirty-two (32) are realleged and incorporated herein by reference and made a part hereof. 34. As a result of the injuries sustained by her husband, Plaintiff, Deborah A. Allen, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which have been and will be to her great damage and loss. WHEREFORE, Plaintiff, Deborah A. Allen, demands judgment of the Defendant, Logan C. Redcay, in an amount in excess of Fifty Thousand and 00/100 ($50,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT V — CONSORTIUM CLAIM DEBORAH A. ALLEN V. STEPHANIE D. REDCAY 35. Paragraphs one (1) through thirty-four (34) are realleged and incorporated herein by reference and made a part hereof. 36. By reason of the aforesaid injuries sustained by her husband, Plaintiff, Deborah A. Allen, has been and in the future will be deprived of the assistance, companionship, consortium and society of her husband all of which has been and will be to her great damage and loss and claim is made therefore. WHEREFORE, Plaintiff, Deborah A. Allen, demands judgment of the Defendant, Stephanie D. Redcay, in an amount in excess of Fifty Thousand and 00/100 ($50,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT VI — CONSORTIUM CLAIM 9 JAY R. ALLEN V. LOGAN C. REDCAY 37. Paragraphs one (1) through thirty-six (36) are realleged and incorporated herein by reference and made a part hereof 38. As a result of the injuries sustained by his wife, Plaintiff, Jay R. Allen, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which have been and will be to his great damage and loss. WHEREFORE, Plaintiff, Jay R. Allen, demands judgment of the Defendant, Logan C. Redcay, in an amount in excess of Fifty Thousand and 00/100 ($50,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT VII — CONSORTIUM CLAIM JAY R. ALLEN V. STEPHANIE D. REDCAY 39. Paragraphs one (1) through thirty-eight (38) are realleged and incorporated herein by reference and made a part hereof. 40. By reason of the aforesaid injuries sustained by his wife, Plaintiff, Jay R. Allen, has been and in the future will be deprived of the assistance, companionship, consortium and society of his wife all of which has been and will be to his great damage and loss and claim is made therefore. WHEREFORE, Plaintiff, Jay R. Allen, demands judgment of the Defendant, Stephanie D. Redcay, in an amount in excess of Fifty Thousand and 00/100 ($50,000) Dollars and in excess of the amount requiring compulsory arbitration. Respectfully submitted, Dated: /oh C) //qj�� Stephen K. Portko, ID # 34538 101 South U.S. Route 15, Suite B Dillsburg, PA 17019 (717) 432-2538 Attorney for Plaintiff 10 • • VERIFICATION I, 0,10 r a 1 , hereby acknowledge that I am a PI 4,/.1 +V- in the foregoing C .M I , that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. p_.(2-6e-zer-4 "4-eea--n Date: I).'j6`/7 VERIFICATION I, A � t/ arek, "-is rl in the foregoing , hereby acknowledge that I am l�M 14(n 1 , that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 10'V -P1 h /44 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished 11 fin by U.S. Mail, first class, postage prepaid on this ti day of December 2014, to: Dated: /2-/t t i 1/ Luisa F. Borelli, Esq. Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants 12 Stephen K. Portko, Esq. ID # 34538 101 South U.S. Route 15, Suite B Dillsburg, PA 17019 (717) 432-2538 Attorney for Plaintiff Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #9162o 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4962 Our File #125943711-001 Attorney for Defendants, Logan Redcay and Stephanie D. Redcay JAY R. ALLEN AND DEBRORAH A. ALLEN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. LOGAN C. REDCAY AND STEPHANIE D. : 14-5440 REDCAY DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Logan Redcay and Stephanie Redcay, hereby demands trial by twelve (12) jurors. Law Offices of Hubshman, Flood & Bullock By: dis Luisa F Borelli, Esquire Attorney for Defendants NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (2o) days from service hereof or a judgment may be entered against you. By/61 Luisa F Borelli, Esq. Attorney for Defendants Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #125943711-001 Jay R. Allen and Debrorah A. Allen v. Logan C. Redcay and Stephanie D. Redcay CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys by: _x_ regular mail certified mail t.er By rs Luis F Borelli, Esq. Attorney for Defendants Attorney for Defendants Logan Redcay and Stephanie D. Redcay : Court of Common Pleas : Cumberland County 14-5440 DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2-4. Admitted 5. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 6. Admitted 7. -8. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. COUNT I 9. Answering defendant incorporates, by this reference, paragraphs 1 through 8, inclusive, of his answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 10-11. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 12-20. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in his favor and dismissal of plaintiffs' complaint with prejudice. COUNT II 21. Answering defendant incorporates, by this reference, paragraphs 1 through 20, inclusive, of his answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 22.-28. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in his favor and dismissal of plaintiffs' complaint with prejudice. COUNT III 29. Answering defendant incorporates, by this reference, paragraphs 1 through 28, inclusive, of his answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 30-31. Admitted. 32. Denied. Agency, ownership, operation and control are specifically denied. WHEREFORE, answering defendant demands judgment in his favor and dismissal of plaintiffs' complaint with prejudice. COUNT IV 33. Answering defendant incorporates, by this reference, paragraphs 1 through 32, inclusive, of his answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 34. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in his favor and dismissal of plaintiffs' complaint with prejudice. COUNT V 35. Answering defendant incorporates, by this reference, paragraphs 1 through 34, inclusive, of his answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 36. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in his favor and dismissal of plaintiffs' complaint with prejudice. COUNT VI 37. Answering defendant incorporates, by this reference, paragraphs 1 through 36, inclusive, of his answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 38. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in his favor and dismissal of plaintiffs' complaint with prejudice. COUNT VII 39. Answering defendant incorporates, by this reference, paragraphs 1 through 38, inclusive, of his answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 40. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff's complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in his favor and dismissal of plaintiffs' complaint with prejudice. NEW MATTER 41. Answering defendants aver that plaintiffs may have been comparatively and/or contributorily negligent, and as a result of said negligence, any recovery by plaintiffs, should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act (42 Pa. C. S. § 7102). 42. Answering defendants further aver that plaintiffs aver, by their actions and conduct assumed the risk of all injuries and/or losses that they may have sustained because of the accident complained of in their Complaint, and as a result of said assumption of the risk, the plaintiffs, therefore, are barred from any recovery. 43. The claims of plaintiffs are subject to the provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. §§ 1701, et seq., as amended. 44. Claims of plaintiffs, for products, services and accommodations for: (a) professional medical treatment and care; (b) emergency health services; (c) medical and vocational rehabilitation services; (d) work income losses, past, present or future; and (e) any and all other economic losses are not recoverable from answering defendants under the provisions of the foregoing Pennsylvania Motor Vehicle Financial Responsibility Law, as amended. 45. The claims of plaintiffs may be barred by the expiration of the applicable statute of limitations. 46. Answering defendants believe and, therefore aver that if the plaintiffs sustained the injuries and damages as alleged in the plaintiffs' Complaint, said injuries and/or damages were not the result of any act or failure to act on the part of the answering defendants, all such allegations being expressly denied by the answering defendants, and plaintiffs' action is, therefore, barred. 47. The accident which is the subject of this Complaint was caused by parties other than answering defendants and for whose actions answering defendants cannot be held responsible. 48. The plaintiffs' injuries, if any, were caused by conditions over which answering defendants had no control and for which answering defendants cannot be held responsible. 49. If plaintiffs are bound by the limited tort option provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, then they are not eligible to recover for their non -economic losses arising from this accident inasmuch as they did not suffer death, serious impairment of body function or permanent serious disfigurement. 5o. The Pennsylvania Rule of Civil Procedure 238, as amended or adopted by the Pennsylvania Supreme Court, on its face and as applied, violates the Pennsylvania Constitution, the United States Constitution and the civil rights act, as it imposes a chilling effect upon defendants exercise of their constitutional rights. 51. If there is a judicial determination that the application of Rule 238 in the within action is constitutional, then liability for any damages imposed by said rule shall exclude the period of time the plaintiffs failed to convey a reasonable settlement demand, delayed in responding to any of defendants' discovery requests, violated any discovery rules or caused the delay of trial or arbitration. 52. If there is a judicial determination that the application of Rule 238 in the within action is constitutional, then liability for any damages imposed by said rule, shall be suspended during the period of time that there is any delay occasioned by the failure of the Court to promptly schedule the trial or arbitration of this matter. 53. Plaintiffs' claims may be barred by the doctrines of collateral estoppel and res judicata. 54. Answering defendants incorporate herein by reference and plead as affirmative defenses, all of those defenses specified in Pennsylvania Rules of Civil Procedure 1030. WHEREFORE, answering defendants demand judgment in their favor, and against all other parties, along with such other relief as this Honorable Court deems appropriate. BY: DATE: ID] rs1)`4 Law Offices of Hubshman, Flood & Bullock 4 L-1-6 Luisa F Borelli, Esquire Attorney for Defendants VERIFICATION I, Luisa F Borelli, Esquire, aver that I am the attorney for the answering Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Luisa F Borelli, Esquire r, J STEPHEN K. PORTKO, ESQ. LAW OFFICES OF STEPHEN K. PORTKO 101 South US Route 15, Suite B Dillsburg, PA 17019 Tel: 717-432-2538 Attorney for Plaintiffs Jay R. Allen & Deborah A. Allen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAY R. ALLEN & DEBORAH A. ALLEN : PLAINTIFFS n r c— V. No. 14-5440 — Civil ;�_ cc LOGAN C. REDCAY AND STEPHANIE D. REDCAY �, -t DEFENDANTS F; —i fLn sJ PLAINTIFFS'OBJECTION TO DEFENDANTS' FIRST SET OF INTERROGATORIES DIRECTED TO THE PLAINTIFFS Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiffs respond as follows to the Interrogatories of the Defendants in the above -captioned action. Objection 1. Plaintiffs object to Defendants' First Set of Interrogatories on the grounds that they are unreasonably burdensome and oppressive and not made in good faith. Defendants' discovery request violates Rule 4005.1 of the Cumberland County Local Rules and Rule 4005(c) of the Pennsylvania Rules of Civil Procedure in that it contains over seventy (70) questions or subdivisions and exceeds the stated limit of forty (40) in number. Dated: !- 'l.S kte( St -hen K. Portko, ID # 34538 101 South U.S. Route 15, Suite B Dillsburg, PA 17019 (717) 432-2538 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs' Objection to Defendants' Interrogatories Directed to Plaintiffs was furnished by U.S. Mail, first class, postage prepaid on this 5 day of �.�k�. � 2015, to: Dated: Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants 2 S Ste en K. Portko, Esq. ID # 34538 101 South U.S. Route 15, Suite B Dillsburg, PA 17019 (717) 432-2538 Attorney for Plaintiffs