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HomeMy WebLinkAbout05-2836r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY O'CONNOR, Individually, RR1 Box 433A New Bloomfield, PA 17068-9736 Plaintiff MICHAEL J. McGARVEY 1 I Roosevelt Street Enola, PA 17025 Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendant Michael J. McGarvey. The Writ of Summons should be delivered to the Sheriff for service upon Defendant Michael J. McGarvey at 1 I Roosevelt Street, Enola, Cumberland County, Pennsylvania. METZGER, By Date: May 2005 Fr is J. Lafoy, IV, Es u I. . No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff & ERB, P.C. 325404-1 (Aj ' T 1 -i con METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 TERRY O'CONNOR, Plaintiff vs. MICHAEL J. MCGARVEY, Defendant Attorneys for Plaintiff Michael J. McGarvey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DS- o'M3L al'ot',-, L CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Michael J. McGarvey 11 Roosevelt Street Enola, PA 17025 You are hereby notified that Plaintiff Terry O'Connor has commenced an action against you. Dated: 0'r 325404-! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY O'CONNOR, CIVIL DIVISION Plaintiff, NO. 05-2836 V. PRAECIPE FOR APPEARANCE MICHAEL J. McGARVEY, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13831 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY O'CONNOR, CIVIL DIVISION Plaintiff, V. NO. 05-2836 MICHAEL J. McGARVEY, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Michael J. McGarvey, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: -XA K vin IT Rauch, squire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been misled by U.S. ail to counsel of record via first class mail, postage pre-paid, this day of _'2005. Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 4L K vin D. Rauch, Esquire Counsel for Defendant r ' ? i i ? cf,. s ' " G v .a _ ?„ c.? [: -r r?? i ?? T%j ;, ?; _ ; ? -fix Y' . T-+ ? '? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02836 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND O'CONNOR TERRY VS MCGARVEY MICHAEL J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCGARVEY MICHAEL J but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT 11 ROOSEVELT ENOLA NOT FOUND as to , MCGARVEY MICHAEL J DEFENDANT WAS AT NEITHER 11 ROOSEVELT ST OR 155 S ENOLA DRIVE. Sheriff's Costs: So answers_-?7 Docketing 18.00 Service 11.10 `-?- Not Found 5.00 R. Thomas. Kline Surcharge 10.00 Sheriff of Cumberland County Postage .37 44.47 METZGER WICKERSHAM 06/16/2005 Sworn and subscribed to before me this 21,aU day of A.D. Pfogthonotary TERRY L. O'CONNOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 05-2836 MICHAEL J. McGARVEY Defendant JURY TRIAL DEMANDED PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly reissue Writ of Summons for the following defendant: Michael J. McGarvey 11 Roosevelt Street Enola, PA 17025 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ancis . Laffe , IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: o? J !f Attorneys for Plaintiff 330495-1 ? -a T_ N 717 , N `r r' TERRY L. O'CONNOR, V. MICHAEL J. McGARVEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2836 JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly reissue the Writ of Summons that was filed in the above-captioned action on June 1, 2005, and reissued on June 22, 2005 for the following defendant: Michael J. McGarvey 11 Roosevelt Street Enola, PA 17025 METZGER, By: Dated: 7 r/ D U? KNAUSS & ERB, P.C. Fr cis J. Lafferty, IV! Esquire A tomey VD. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 332206-1 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Reissue Writ of Summons to counsel for Defendant by first class mail, postage prepaid, this D0 day of ">, 2005, on the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 METZGER, WIPtV? SgA34, KNAUSS & ERB, P.C. J. LaOrty,'ly, Esquire 3311061 - rTl C: _ N = TERRY L. O'CONNOR, Plaintiff V. MICHAEL J. McGARVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2835 JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly reissue the Writ of Summons that was filed in the above-captioned action on June 1, 2005, reissued on June 22, 2005 and reissued again on July 21, 200:5 for the following defendant: Michael J. McGarvey 8 East Pine Street, Apartment #1 Enola, PA 17025 METZGER, By: Dated: f KNAUSS & ERB, P.C. Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 332206-! CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Pra.ecipe to Reissue Writ of Summons to counsel for Defendant by first class mail, postage prepaid, this LO day of 2005, on the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 METZGER, WICK?RSHAM KNAUSS & ERB, P.C. Francis .Lafferty, IV, Esquire 332106-1 on `r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY O'CONNOR, CIVIL DIVISION Plaintiff, NO. 05-2836 v. PRAECIPE FOR RULE MICHAEL J. McGARVEY, TO FILE COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13842 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY O'CONNOR, Plaintiff, V. MICHAEL J. McGARVEY, Defendant. CIVIL DIVISION NO. 05-2836 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Terry O'Connor, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. '? t By: K vin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Ma' to counsel of record via first class mail, postage pre-paid, this l q4,_ day of 2005. Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ?.?`? Kevin D. Rauch, Esquire Counsel for Defendant ?'' r>_ : ?` ? ? .-? ?? ? i` ,T } CiJ 'O, ? - - L 1 ? f ?S'. ?? i `, , - ., ? t y, i ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY O'CONNOR, CIVIL DIVISION Plaintiff, V. NO. 05-2836 MICHAEL J. McGARVEY, (Jury Trial Demanded) Defendant. RULE AND NOW, this J)Wc` , day of 2005, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this 9-1r-"ay of Al? 2005. 9 J Prot ? ? <- ?.; - ? _ r;;: ,,: ? G? ..i.?? N •y1:;' _? ? ';7?? _ j i •' °TJ ? :< ?„ Q METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Terry L. O'Connor TERRY L. O'CONNOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff V, CIVIL ACTION - LAW NO. 05-2836 MICHAEL J. McGARVEY, Defendant JURY TRIAL DEMANDED TO: Defendant 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 Plaintiffs. 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 PROVIDE 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 Carlisle, PA 17013 (800) 990-9108 331106-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pdginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 to demanda y el aviso. Usted debe presenter comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en so contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o pot cualquier dinero reclamado en la demanda o po cualquier ona queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 332206-1 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiff Harrisburg, PA 17110-0300 Terry L. O'Connor (717) 238-8187 TERRY L. O'CONNOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 05-2836 MICHAEL J. McGARVEY, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Tent' L. O'Connor, is an adult individual currently residing at RR I, Box 433A, New Bloomfield, Perry County, Pennsylvania, 17011. Defendant, Michael J. McGarvey, is an adult individual currently residing at 8 East Pine Street, Apartment #1, Enola, Cumberland County, Pennsylvania, 17025. The facts and circumstances hereinafter set forth occurred on June 3, 2003, at or about 7:02 P.M. near the intersection of Route 11-15 (North Enola Road) and College Hill Road, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Terry L. O'Connor was a passenger in a 1999 Dodge Caravan being operated by her husband William J. O'Connor bearing Pennsylvania Registration Plate No. FN568C. At the aforesaid time and place, Defendant Michael J. McGarvey was the operator and owner of a 1992 Dodge Caravan bearing Pennsylvania Registration Plate No. EVD 1645. 322840 6. At the aforesaid time and place, Plaintiff and her husband were traveling northbound on Route 11 & 15 (North Enola Road), Enola, Cumberland County, Pennsylvania. At the aforesaid time and place, Defendant Michael J. McGarvey was operating his aforesaid vehicle southbound on Route 11 & 15 (North Enola Road), Enola, Cumberland County, Pennsylvania. 8. At the aforesaid date and time, Defendant McGarvey veered over to the northbound lane, first drifting into the center lane at the front sign of the Quality Inn, past the intersection of College Hill Road and into the lane being traveled by Plaintiff and Plaintiff's husband. 9. Plaintiff's husband was not able to avoid Defendant's vehicle and Defendant's vehicle struck the vehicle Plaintiff was occupying head on. 10. Defendant McGarvey owed a duty to other lawful users of the roadway to operate the vehicle he was operating in such a way as to not cause harm or damage to said other persons and to Plaintiff in particular. 11. The negligence, carelessness, and reckless of Defendant McGarvey consisted of the following: (a) Failing to safely pass and give at least one half of the main-traveled portion of the roadway to another vehicle being occupied by the Plaintiff in violation of §3302 of the Pennsylvania Motor Vehicle Code and applicable law; (b) Failing to drive on the right half of the roadway in violation of 75 Pa. C.S.A. §3301 and applicable law; (c) Failing to drive his vehicle in a single lane of travel and moving his vehicle from that lane when not safe to do so in violation of 75 Pa. C.S.A. §3309 and applicable law; (d) Failing to observe the roadway ahead for the presence of other vehicles; 334454-1 (e) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (f) Failing to apply the brakes in time to avoid the collision; (g) Failing to give warning to Plaintiff Terry L. O'Connor of his impending collision with the vehicle Plaintiff was occupying; (h) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714; (i) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (j) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (k) In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; (1) In failing to keep the vehicle within the proper lane; (m) In failing to have yielded half of the highway to oncoming traffic; (n) In failing to observe oncoming traffic; and (o) Otherwise operating his vehicle at an unsafe speed. 12. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant McGarvey, Plaintiff, Terry O'Connor, sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, and aggravation of pre-existing conditions which include, but are not limited to, the following: (a) Trauma and injury to her left hip; (b) Bilateral knee pain; (c) Left hand contusion and pain; (d) Bilateral thigh pain; (e) Contusion of index finger and middle finger; 334454-1 (f) Abdominal contusion; (g) Chest contusion; and (h) Right shoulder contusion. 13. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Terry O'Connor, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, embarrassment and humiliation and distress for which damages are claimed. 14. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Terry O'Connor, has suffered and will continue to suffer a loss of earnings for which damages are claimed. 15. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Terry O'Connor, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Terry O'Connor, has and/or may in the future incur a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. IT As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Terry O'Connor, has sustained and may sustain in the future a loss of her ability to enjoy life and life's pleasures for which damages are claimed. 18. As a direct and proximate result of the aforesaid collision and the negligence, 334454-1 carelessness and recklessness of Defendant, Plaintiff Terry O'Connor sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. WHEREFORE, Plaintiff Terry O'Connor demands judgment against Defendant Michael J. McGarvey, for the aforesaid damages in an amount within the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. METZGER, W1QNFR-SHAM, KNAUSS & ERB, P.C. By Dated: G J. LaffeK, IV, Esquire Y I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 334454-1 VERIFICATION I, Terry O'Connor, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have famished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to 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 such 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.A. §4904 relating to unswom falsification to authorities. i Terry O'Co r Dated: S-31-05- 332206-1 CERTIFICATE OF SERVICE I, Francis J. Lafferty, N, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Complaint to counsel for Defendant by first class mail, postage prepaid, this e' day of _ A,*.,j 2005, on the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 KNAUSS & ERB, P.C. IV, Esquire 332206-1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02836 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'CONNOR TERRY VS MCGARVEY MICHAEL J ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MCGARVEY MICHAEL J the DEFENDANT , at 0014:50 HOURS, on the 12th day of August , 2005 at 8 EAST PINE ST APARTMENT 1 ENOLA, PA 17025 by handing to MICHAEL MCGARVEY a true and attested copy of WRIT OF SUMMONS together with REISSUED and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 40.00 Sworn and Subscribed to before me thisc d day of ((? 9 A. D. Protho ry So Answers: R. Thomas Kline 08/15/2005 METZGER WICKERSHAM By : -? Deputy Sheri f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY O'CONNOR, Plaintiff, V. MICHAEL J. McGARVEY, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from servic heygAr a judgment may bq e r a you. rs, McDonnell, Hudock, & Skeel, L.L.P. CIVIL DIVISION NO. 05-2836 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13842 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY O'CONNOR, CIVIL DIVISION Plaintiff, V. NO. 05-2836 MICHAEL J. McGARVEY, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Michael J. McGarvey, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the time, date, and place in question. The remainder of the allegations in paragraph 8 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10. Admitted. 11. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the time, date and place in question. The remainder of the allegations in paragraph 11 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Michael J. McGarvey, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 19. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 20. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 21. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 22. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Michael J. McGarvey, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL-L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: G G (-)e _ Michael J Garvey #13842 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of &?ilU 2005. Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: n D. Rauch, Esquire nsel for Defendant ? ? 51 -4 C - l ? _! Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 TERRY L. O'CONNOR, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 05-2836 MICHAEL J. McGARVEY, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT MICHAEL J. MCGARVEY AND NOW, comes Plaintiff, Terry L. O'Connor, by and through her counsel, Metzger, Wickersham, Knauss & Erb, and hereby files this Reply to New Matter of Defendant Michael J. McGarvey as follows: 19. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiffs Complaint speaks for itself and is incorporated herein by reference. Furthermore, Defendant has failed to specifically identify the sections of the Pennsylvania Motor Vehicle Financial Responsibility Law he is referring to and therefore Plaintiff cannot properly respond. 339953-1 Moreover, Plaintiff s claims are not precluded, barred or limited in any manner pursuant to Pennsylvania Motor Vehicle Financial Responsibility Law. 20. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiffs Complaint speaks for itself and is incorporated herein by reference. Furthermore, Defendant has failed to specifically identify the sections of the Pennsylvania Motor Vehicle Financial Responsibility Law he is referring to and therefore Plaintiff cannot properly respond. Moreover, Plaintiffs claims are not precluded, barred or limited in any manner pursuant to Pennsylvania Motor Vehicle Financial Responsibility Law. 21. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiffs Complaint speaks for itself and is incorporated herein by reference. Furthermore, Defendant has failed to specifically identify the sections of the Pennsylvania Motor Vehicle Financial Responsibility Law he is referring to and therefore Plaintiff cannot properly respond. Moreover, Plaintiffs claims are not precluded, barred or limited in any manner pursuant to Pennsylvania Motor Vehicle Financial Responsibility Law. To the contrary, Plaintiff had selected the full tort option which was in effect at the time of the accident. 22. Conclusion of law, no reply required. If a reply is required, the averments are specifically denied. Furthermore, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further response, Plaintiffs Complaint was filed and timely served within the applicable statute of limitations. 339953-1 WHEREFORE, Plaintiff, Terry L. O'Connor, demands that Defendant, Michael J. McGarvey's New Matter be dismissed and judgment be entered in her favor and against Defendant, Michael J. McGarvey, as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Francis J. tfert, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ?r 339953-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Terry L. O'Connor, and that the facts in the foregoing Plaintiff's Reply to New Matter are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, Terry L. O'Connor, are as known to the undersigned as to the client, Plaintiff, Terry L. O'Connor, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. c Francis J. L14?fferty, IV Dated: ?? d 0? 339953-1 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Reply to New Matter to counsel for Defendant by first class mail, postage prepaid, this cJ day of 2005, on the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 METZGER, WICKS-RSHAM, KNAUlSS & ERB, P.C. J. Werty, IV, Esquire 339953-/ ES, W J j r* TERRY L. O'CONNOR Plaintiff V. MICHAEL J. McGARVEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2836 JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, Dated: By: Fraficis J. Lafferty^ Esgi Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff ERB, P.C. 391150-1 r 4 CERTIFICATE OF SERVICE I, Melanie L. Kirk, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this,-? "day of January, 2008, on the following: Erick V. Violago, Esquire SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, LLP 1017 Mumma Road Lemoyne, PA 17043 eVie Kirk 391150-1 r-0 F03 rT