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HomeMy WebLinkAbout14-6142 Supreme C©; ' y ;ennsylvania COU O�,I mo leas For Prothonotary Use Only. f yf Docket No: Cu r County / The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the.Tling and seri ce of pleadings or other papers as required by law or rules of court. Commencement of Action: S JR Complaint ® Writ of Summons 0 Petition E ® Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: j T MICHAEL POWELL, SR. ROBERT J. MOREO, III I Are money damages requested? Yes No Dollar Amount Requested: Elwithin arbitration limits O (check one) ®outside arbitration limits N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? E3 Yes El No A Name of Plaintiff/Appellant's Attorney: BRAD COOPER, ESQUIRE ® Check here if you have no attorney(are a Self-Represented 1Pro Sed 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 E3 Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment I ®x Motor Vehicle Debt Collection:Other ® Board of Elections El Nuisance Dept.of Transportation ® Premises Liability Statutory Appeal:Other S ® Product Liability(does not include E mass tort) [3 Employment Dispute: Slander/Libel/Defamation Discrimination C ® Other: E3 Employment Dispute:Other ® Zoning Board T ® Other: I [] Other: ` O MASS TORT ! [3 Asbestos N ® Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste y ® Other: ® Ejectment ® Common Law/Statutory Arbitration Bi [3Eminent Domain/Condemnation ®Declaratory Judgment 4 ® Ground Rent ® Mandamus Landlord/Tenant Dispute Q Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental [3 Partition ®Replevin ® Legal ® Quiet Title [3 Other: I 13 Medical ® Other: ® Other Professional: Updated 1/1/2011 TO: YOU ARE EREBY NOTIFIED Tq^EAD TO THE ENCLOSED CL a.� WITHIN TWENTY(20)DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED THIS IS AN ARBITRATION MATTER AGAINST YOU. THIS IS NOT IN EXCESS OF $50,000.00 — `—r--EC-2�Q' ASSESSEMENT OF DAMAGES Attorney for p� HEARING IS REQUIRED BRAD COOPER&ASSOCIATES, LLC BY: BRAD COOPER, ESQUIRE Attorneys for Plaintiff Identification No. 32841 --� 1525 Locust Street 13'h Floor Philadelphia, PA 19102 215 545-7777 Email: Bradnbradcooperandassociates.com MICHAEL POWELL, SR. COURT OF COMMON PLEAS 3 Bethpage Drive CUMBERLAND COUNTY Mechanicsburg, PA 17050 V. NO. J lJ l Q ROBERT J. MOREO, III 108 Hawk Court Mechanicsburg, PA 17050 CIVIL ACTION–COMPLAINT MOTOR VEHICLE ACCIDENT NOTICE "ISO You have been sued in court. If you wish to defend against Le han demandado a usted en la torte. Si usted guiere the claims set forth in the following pages,you must take defenderse de estas demandas expuestas en las pSc1inas action within twenty (20) days after this complaint and sigguientes,usted tiene viente 20)Bias de plazo al par it de notice are served, by entering a written appearance IaTecha de Is demanda y la notificaci6n. Hace(alta asentar personally or by attorney and filing in writing with the court una comparesencia escrita o en persona o con un abogado your defenses or objections to the claims set forth against y entregar a la corte en forma escrita sus defensas o sus you. You are warned that if you fail to do so the case may objeciones a las demandas en contra de su persona. Sea proceed without you and a judgment may be entered awsado qua si usted no se defiende, la corte tomara against You by the court without further notice for any medidas y puede continuer la demanda en contra su a sin money claimetl in the complaint or for any other claim or previo awso o notificaci6n. Ademas,la corte pued decidir relief requested by the plaintiff. You may lose money or a favor del demandante y require qu usted cumpla con property or other rights important to you. todas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derchos You should take this paper to your lawyer at once. If you importantes para usted. do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you Illeve esta demanda a un abogado immediatament. Si no can get legal help. tiene abogado o si no tiene el dinero suficiente de pagger tal servicio,vaya en persona o Iiame por tel6fono a la o lcina Cumberland County Bar Association La cuya direcc16n se encuentra escrita abajo para avenguar Information Service Lawyer Referral and donde se puede conseguir asistencia legal. 32 S Bedford St ` Carlisle PA 17013 Asociaci6n de Abogados dei Condado de Cumberland y (717)149-3166 referencia de abogados Servicio de Informaci6n 32 S Bedford St Carlisle,PA 17013 (717)249-3166 S(6 7 � ►� `2i �u 11 THIS IS AN ARBITRATION MATTER THIS IS NOT IN EXCESS OF $50,000.00 ASSESSEMENT OF DAMAGES HEARING IS REQUIRED BRAD COOPER& ASSOCIATES, LLC BY: BRAD COOPER, ESQUIRE Attorneys for Plaintiff Identification No. 32841 1525 Locust Street 13th Floor Philadelphia, PA 19102 (215) 545-7777 Email: Brad bradcooperandassociates.com MICHAEL POWELL, SR. COURT OF COMMON PLEAS 3 Bethpage Drive CUMBERLAND COUNTY Mechanicsburg, PA 17050 V. NO. ROBERT J. MOREO, III 108 Hawk Court Mechanicsburg, PA 17050 CIVIL ACTION COMPLAINT MOTOR VEHICLE ACCIDENT 1. Plaintiff, Michael Powell, Sr., is an adult individual residing at the above-captioned address. 2. Defendant, Robert J. Moreo, III, is an adult individual residing at the above- captioned address. 3. At all times material, Defendant, Robert J. Moreo, III, did own, control, maintain and operate a motor vehicle in a negligent manner involved in an automobile collision described below. 4. At all times material, Plaintiff, Michael Powell, Sr., did lawfully operate a motor vehicle involved in a motor vehicle accident described below. 5. On or about March 3, 2013, Plaintiff, Michael Powell, Sr., was operating a vehicle at or near Creekview Road and Summit Way, in Cumberland County, Commonwealth of Pennsylvania, when the vehicle of the defendant being operated in a negligent, careless and reckless manner, did strike the rear of the plaintiff's vehicle, as a result of which Plaintiff, Michael Powell, Sr., suffered injuries, as more fully set forth elsewhere herein. 6. The automobile accident complained of hereinabove and the plaintiff's injuries arising therefrom were caused as the result of the negligence, carelessness, and recklessness of the defendant and were due in no manner whatsoever to any act or failure to act on the part of the plaintiff. 7. At the time and place aforesaid,the negligence, carelessness and recklessness of the defendant consisted, inter alia, of the following: a) he did operate his said motor vehicle at a high and excessive rate of speed under the circumstances; b) he did fail to have his said motor vehicle under proper and adequate control at the time; c) he did fail to give proper and sufficient warnings of the approach of said motor vehicle; d) he did operate said motor vehicle without due regard for the rights, safety and position of the plaintiff; e) he did fail to signal; f) he did fail to stop; g) he did fail to yield; h) he did violate the ordinances of Cumberland County and the Statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles; i) he did operate his vehicle in a reckless manner; j) he did fail to observe the vehicle of the plaintiff; k) he was inattentive while operating the motor vehicle; and 1) he did fail to keep the assured clear distance ahead. 8. As the result of the aforesaid conduct of the defendant, Plaintiff, Michael Powell, Sr., sustained injuries including but not limited to his neck and back, in addition to other injuries all of which are permanent except those of a superficial nature, all of which have rendered the plaintiff, sore, disabled and disordered and have made him undergo mental anguish and physical pain, as a result of which he has suffered, yet suffers and may continue to suffer. 9. By reason of the conduct of the defendant, Plaintiff, Michael Powell, Sr., has been and may in the future be required to expend various sums of money for medical services and treatment for injuries sustained as aforesaid. 10. By reason of the conduct of the defendant, Plaintiff, Michael Powell, Sr., has suffered in the past excruciating and agonizing aches,pains, mental anguish, humiliation and limitation and restriction of his usual activities,pursuits and pleasures, and has been caused and may in future be caused to incur the cost for replacement services. 11. As a direct result of the negligence, carelessness and recklessness of the defendant,Plaintiff, Michael Powell, Sr., has been disabled in the past from performing his usual duties, occupations and activities with a consequent loss of earnings. 12. As a direct result of the negligence, carelessness and recklessness of the defendant, resulting in injuries to the Plaintiff, Michael Powell, Sr., as described in the foregoing paragraphs of this Complaint,plaintiff has been required in the past to receive medicines, medical care, hospitalization and treatment for the injuries suffered and may be obliged to expend sums or incur such expenditures in the future. 13. By reason of the negligence, carelessness and recklessness of the defendant acting as aforesaid, the Plaintiff, Michael Powell, Sr., has been caused to suffer property damage to his motor vehicle and depreciation thereof and has been caused to incur the cost of a rental and/or replacement vehicle. WHEREFORE, Plaintiff, Michael Powell, Sr., demands judgment against Defendant, Robert J. Moreo, III, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, plus interest and costs and brings this action to recover same. ' BRAD CO, ER&ASSOC BY: B -COOPER, ESQUIRE Attorney for Plaintiff ' r VERIFICATION MICHAEL POWELL, SR., hereby states that he is the plaintiff in this action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date: -1- Cj- MICHAEL POWELL, SR 0278237524.1 - 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. MICHAEL POWELL, SR., Plaintiff vs. ROBERT J. MOREO, III, Defendant TO THE PROTHONOTARY: ATTORNEY FOR DEFENDANT Robert J. Moreo, III COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -1.6` Q NO. 14-6142 u' 3~> 1 r~ ENTRY OF APPEARANCE Please enter my Appearance on behalf of Robert J. Moreo, III in reference to the above - captioned case. LAURIE B. TILG . , ESQ. Attorney for Defendant Robert J. Moreo, III 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. Our File No. 0278237524.1 - 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 MICHAEL POWELL, SR., PLAINTIFF VS. ROBERT J. MOREO, III, DEFENDANT TO THE CLERK: Defendant, Robert J. Moreo, III,' Demand(s) a Jury Trial of twelve (12) in reference to the above -captioned case. ATTORNEY FOR DEFENDANT Robert J. Moreo, III COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-6142 DEMAND FOR JURY TRIAL LAURIE B. TILG %1 AN, ESQ. Attorney for Defendant(s) Robert J. Moreo, IIL 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. O278237524.1 - 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 MICHAEL POWELL, SR., Plaintiff vs. ROBERT J. MOREO, Defendant TO: Michael Powell, Sr., Plaintiff C/O Brad Cooper, Esq. 1525 Locust St 13th Fl Philadelphia, PA 19102 ATTORNEY FOR DEFENDANT Robert J. Moreo, ffl COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-6142 NOTICE TO PLEAD • • YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), ROBERT J. MOREO, III, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. DATED: LAURIE B. TILG AN, ESQ. Attorney for Defendant(s) Robert J. Moreo, ffl 0278237524.1 - 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 MICHAEL POWELL, SR., Plaintiff vs. ROBERT J. MOREO, III, Defendant. ATTORNEY FOR DEFENDANT Robert J. Moreo, III COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-6142 DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Robert J. Moreo, III, 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. ADM1'1"1'ED. 3. 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. 4. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, 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. 5 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. 6. 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. 7. (a-1, 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. 8. DENIED pursuant to Pa.R.C.P. 1029(e). 9. DENIED pursuant to Pa.R.C.P. 1029(e). 10. DENIED pursuant to Pa.R.C.P. 1029(e). 11. 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. WHEREFORE, Defendant, Robert J. Moreo, III demands Judgment in His favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 14. 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. 15. 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. 16. Limited Tort -Uninsured Owner 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, as Plaintiff(s) owned a currently registered private passenger motor vehicle for which he did not i have financial responsibility at the time of the accident. Therefore, Plaintiff(s) is deemed to have elected the limited tort option and is thus precluded from recovering against the Defendant(s). 17. 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. 18. Set Off and/or Credit Answering Defendants have a right to a credit, or set off in the amount of any uninsured motorist benefits secured by Plaintiff, against any jury verdict or award which may be entered against answering Defendants. 19. Doctrine of Mitigation of Damages Plaintiff's injuries or damages are barred and/or limited by the Doctrine of Mitigation of Damages. 20. Admissibility of Medical Expenses/Wages The admissibility of the Plaintiff's medical expenses and/or wage loss is bared and/or accordingly limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended, and more specifically the collateral source rule of 75 Pa.C.S.A. Section 1722. parties. WHEREFORE, Defendant, Robert J. Moreo, BI demands Judgment in His favor and against all LAURIE B: TILGH AN, ESQ. Attorney for Defendant(s) Robert J. Moreo, BI VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Robert J. Moreo, HI, and the facts set forth in the foregoing pleading are true and correct to the best of His knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Robert J. Moreo, III CERTIFICATE OF SERVICE I do hereby certify that on November 25, 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. IEB.TILG:` AN, ESQ. Attorney for Defendant(s) Robert J. Moreo, III Our File No. 0278237524.1 - 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 MICHAEL POWELL, SR., PLAINTJf1- VS. ROBERT J. MOREO, 111, DEPENDANT TO THE CLERK: A 1 1ORNEY FOR DEPENDANT Robert J. Moreo, ffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-6142 CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of Defendant's Interrogatories Addressed to Plaintiff, Michael Powell, Sr.; Defendant's Request for Admissions Directed to Plaintiff, Michael Powell, Sr. with Accompanying Interrogatories; and, Defendant's Request for Production of Documents Directed to Plaintiff, Michael Powell, Sr., were served this date by United States Mail, First Class, postage prepaid, upon: Brad Cooper, Esquire 1525 Locust St 13th Fl Philadelphia, PA 19102 LAURIE B. TILG F , ESQ. Attorney for Defendant(s) Robert J. Moreo, ffl Dated: November 25, 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Hi ED -OFFICE Sheriff CI: THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor Di ell inbtel 4,7 OFFICE OF THE SHERIFF 2 ii DEC --4 AM 9: 57 CUMBERLAND COUNTY PENNSYLVANIA Michael Powell, Sr. vs. Robert J. Moreo, Ill Case Number 2014-6142 SHERIFF'S RETURN OF SERVICE 10/21/2014 04:34 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert J. Moreo, Ill, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 108 Hawk Court, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised that the defendant was in a rehab center in Lemoyne. 10/21/2014 07:46 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert J. Moreo, Ill, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 716 State St, New Insights, Lemoyne, PA 17043. Deputies were advised by a Doctor at this facility that the defendant is staying at 679 State Street, Lemoyne, PA. 10/31/2014 08:07 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert J. Moreo, Ill, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 679 State St, New Insights halfway house, Lemoyne, PA 17043. Deputies were advised by current resident that there is no one by the defendant's name residing at this address. Deputies were then advised by a halfway house manager named Bill that the defendant did indeed moved out several days prior and he would try to provide this office with a forwarding address. As of November 5, 2014 we have not heard back from the house manager. 11/14/2014 05:08 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Robert J. Moreo, Ill at 17 Rockaway Drive, Lower Allen, Camp Hill, PA 17011. SHERIFF COST: $110.49 J ON KINSLER, DEPUTY SO ANSWERS, November 25, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuito Sheriff, Toleosoft, Inc. BRAD COOPER & ASSOCIATES, LLC BY: BRAD COOPER, ESQUIRE Identification No. 32841 1525 Locust Street 13th Floor Philadelphia, PA 19102 (215) 545-7777 Email: Brad(d bradcooperan.dassociates.corn Attorneys for Plaintiff MICHAEL POWELL, SR. v. ROBERT J. MOREO, III COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 14-6142 PLAINTIFF'S REPLY TO NEW MATTER 14-20. Denied. The corresponding averments of Defendant's New Matter set forth conclusions of law to which no responsive pleading is required pursuant to applicable Rules of Civil Procedure. Accordingly, same is denied and strict proof thereof is demanded. By way of further answer, plaintiff avers that at all times material he did act in a reasonable, prudent and proper manner. The motor vehicle accident complained of in Plaintiff's Complaint was caused solely as a result of the conduct of the defendant, as more fully set forth in Plaintiff's Complaint. Any statement to the contrary is denied and strict proof thereof is demanded. Further, plaintiff's claim is neither limited nor barred by the provisions of the Pennsylvanian Motor Vehicle Financial Responsibility Law. Plaintiff is entitled to recover both economic and non -economic damages. Plaintiff is subject to the full tort threshold. Plaintiff did all things required of him to be done in accordance with the law of the Commonwealth. Plaintiff is entitled to recover both economic and non -economic damages. Any statement to the contrary is denied and strict proof thereof is demanded. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss New Matter of Defendant, and grant judgment in favor of Plaintiff a d against Defendant. BRA i OOPER AND ASSOCIATES, LLC (BY: PAF COOPER, ESQUIRE Atto y for Plaintiff VERIFICATION BRAD COOPER, ESQUIRE, states that he is the attorneys for plaintiff within; that he is acquainted with the facts set forth in the foregoing pleading; that same are true and correct to the best of his knowledge, information, and belief; and that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to uns, falsifications to authorities. Date: CERTIFICATION OF SERVICE I, BRAD COOPER, ESQUIRE, hereby certify that I am the Attorney for the Plaintiff in this matter and that true and correct copy of Plaintiffs Reply to New Matter was mailed, postage paid, first class mail, via United States Postal Service to the party listed below at the address listed below: Laurie B. Tilghman, Esq. Law Offices of Kenneth S. O'Neill 7535 Windsor Drive Allentown, PA 18195-1032 B D COOPER AND ASSOCIATES, LLC BY: BRAD COOPER, ESQUIRE Attorney for Plaintiff