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HomeMy WebLinkAbout05-3237 Jason C. Imler, Esquire Attorney 1.0. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER@HHRLAW.COM Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _ .. 'n 11 D5~ 3.,2.37 ~ ~ No. 2005 Civil Action - (XX) Law Jeffrey K. Walsh 27 Beagle Club Road Carlisle, PA 17013 Teresa M. Anderson 516 Terrace Drive New Cumberland, PA 17070 v. Plaintiff Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwarded to ( )Attorney (XX )Sheriff Jason C. Imler. Esouire 1300 Linoleslown Road Harrisburo. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney ///- ~-//>~ -'Signature or Attorney Supreme Court 10 No. 87911 Date: June 24. 2005 Jason C. Imler, Esquire Attorney 1.0. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER@HHRLAW.COM Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 Civil Action - (XX) Law Jeffrey K. Walsh 27 Beagle Club Road Carlisle, PA 17013 Teresa M. Anderson 516 Terrace Drive New Cumberland, PA 17070 v. Plaintiff Defendant WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: t/o1~o.)/ r ( ) Check here If reverse is used for additional information PROTHON. - 55 ~ ~ -'" f\, ~ ~ 0\ (p, v) o -- f'\ v \ ~ 14 !..l "'-. )-' ~ {\ <><1 o ,-.. Cl c- ~, c::...., = en c.__, ~,;~ o 01 :;:l "';-i~ -,-,jTl -i:;C:J ~~? (~') 'J~ =--;-'-j '-,~!(;) .~::: rn ':_~ ~~o .-r..; ~ 1'.' .L-:~ -u cn '-" , ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY K. WALSH, Plaintiff, CIVIL DIVISION NO. 05-323'7 v. PRAECIPE FOR APPEARANCE TERESA M. ANDERSON, Defendant. (Jury Trial Dl3manded) 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) 901-5~116 #13955 # IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY K. WALSH, Plaintiff, CIVIL DIVISION v. NO. 05-323'7 TERESA M. ANDERSON, Defendants. (Jury Trial Dl9manded) 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, Teresa M. Anderson, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNEL.L, HUDOCK, GUTHRIE & SKEEL, L.L..P. By: . D. Rauch, Esquire Counsel for Defendant ... CERTIFICATE OF SERVICI; I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to cl)unsel of record via first class meil, ,ostage ,'e-pe;d, th;, ~ey of ~' 2005, Jason C. Imler, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNEL.L, HUDOCK, GUTHRIE & SKEEL, L.L..P. By: K vin D. Rauch, Esquire Counsel for Defendant ... ., "_. """" ".,,",. ,.,,,,,,.'"'",h'''''''''M,._,.~,,~",_"''''''',T,'''",,''',,,,,,,, ''''''''''"''$..,"" , "'"",,,,,,,, ."~-".,---_.._,,,.-. ....., C? ,;.:.::. CJ' ~ (::: (,j C' r::5 (JI ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY K. WALSH, Plaintiff, CIVIL DIVISION NO. 05-323'7 v. TERESA M. ANDERSON, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Dt3manded) 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) 901-5E116 #13955 JI> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY K. WALSH, Plaintiff, CIVil DIVISION v. NO. 05-323'7 TERESA M. ANDERSON, Defendants. (Jury Trial Dl3manded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Jeffrey K. Walsh, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNEL.L, HUDOCK, GUTHRIE & SKEEL, L.LP. By: evin D. Rauch, Esquire Counsel for Defendant , CERTIFICATE OF SERVICI~ I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record ";0 fiffit 01,." moll, po,"'o ,,..,.,!d, !hI, ~Oy of Cf,J1( 2005. U Jason C. Imler, Esquire Handler, Henning & Rosenberg, IL.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNEL.L, HUDOCK, GUTHRIE & SKEEL, L.LP. By: K vin . Rauch, Esquire Counsel for Defendant ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY K. WALSH, Plaintiff, CIVIL DIVISION v. NO. 05-3237 TERESA M. ANDERSON, Defendants. (Jury Trial Demanded) AND NOW, this I S:+ RULE day of ~9 u .s+ , 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 IN- day of (l,u:fI-.l ,+ ,2005. ~A /J-h" /).. Prothonotary ~ 2 .-> <= c.) <.n ~" ~:.: o --n ...... ::c." {nE: '-c" r:? (J'l - SHERIFF'S RETURN - REGULAR CASE NO: 2005-03237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALSH JEFFREY K VS ANDERSON TERESA M KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ANDERSON TERESA M the DEFENDANT , at 1137:00 HOURS, on the 19th day of July 2005 at 28 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 by handing to BRANDON MITCHELL SON OF DEFENDANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.80 .00 10.00 .00 40.80 <~_J~ R. Thomas Kline 07/20/2005 HANDLER HENNING & ROSENBERG Sworn and Subscribed to before By: 771( . "" me thls .;2.t, - day of QJ1'~ .)i.JtJ:{ A.D. l-ku- 0 r,,{;/~.. ~ P othonotary , Jason C. Imler, Esquire 1.0.#87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Imler@HHRLaw.com Attorney for Plaintiff JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim setforth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 HANDLER HENNING & ROSENBERG, LLP ~ ..:;> B -~ JasonC. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Jason C. Imler, Esquire 1.0.#87911 HANDLER, HENNING & ROSENBERG. LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Imler@HHRLaw.com Attorney for Plaintiff JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO Le han demand ado en corte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente 0 y archivando en escribir con la corte sus defensas u objeciones alas demand as dispuestas contra usted ei abogado Ie advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja 0 para cualquier otra demand a 0 relevaci6n pedida por el demandante. Usted puede perder el dinero 0 la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYAA 0 LLAME POR TELEFONO La OFICINA DISPUESTAABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO 0 NINGUN HONORARIO CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 HANDLER HENNING & ROSENBERG, LLP By~ ... ~~- Jason ~. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 F:\WP Directories\JFL\compJaints\mva\red light\jason\walsh.wpd Jason C. Imler, Esquire 1.0.#87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Imler@HHRLaw.com Attorney for Plaintiff JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05.3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Jeffrey Walsh, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., and makes the within Complaint against the Defendant, Teresa M. Anderson, and avers as follows: 1. Plaintiff, Jeffrey Walsh, is an adult individual currently residing at 27 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Teresa M. Anderson, is an adult individual currently residing at 516 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 3. At all times material hereto, Plaintiff, Jeffrey Walsh, was the owner and operator of a 1981 Ford F-150, bearing Pennsylvania registration number YU 8537. (Hereinafter "Plaintiff's vehicle.") 4. At all times material hereto, Defendant, Teresa M. Anderson, was the owner and operator of a 1996 Pontiac Bonneville, bearing Pennsylvania registration number DYM 5803. (Hereinafter "Defendant's vehicle.") 5. At all times material hereto, Plaintiffs vehicle was insured under a commercial automobile policy which provided full-tort rights. 6. At all times material hereto, there were no adverse weather or road conditions. 7. On or about June 30, 2003, at about 6:30 p.m., Defendant's vehicle was traveling eastbound on East High Street, approaching the intersection of South East Street in Carlisle, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Plaintiff's vehicle was lawfully traveling northbound on South East Street, approaching the intersection of East High Street in Carlisle, Cumberland County, Pennsylvania. 9. At all times material hereto, Plaintiff's vehicle had a steady green traffic light in its favor. 10. At approximately the same time and place, Defendant, Teresa M. Anderson, failed to obey the steady red traffic-control signal for eastbound East High Street traffic, and drove directly into the driver's side of Plaintiff's vehicle causing the two vehicles to violently collide in a T-bone fashion. 11. Upon impact, Plaintiff, Jeffrey Walsh, was violently thrown in all directions. 12. As a direct and proximate result of the negligence of the Defendant, Teresa M. Anderson, Plaintiff, Jeffrey Walsh, sustained extensive and serious personal injuries. 2 13. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Jeffrey Walsh, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Teresa M. Anderson, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for vehicles driving in front of her upon the roadway; (b) In disregarding the speed of vehicles, the condition of the roadway, and the traffic upon the roadway, in violation of 75 Pa. C.SA 93361; (c) In failing to properly regulate the speed of her vehicle so as to prevent a T-bone fashioned collision; (d) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiff's vehicle; (e) In failing to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.SA 9 3361; (f) In failing to stop at a steady red traffic-control signal before entering the intersection and remain stopped until green was shown, in violation of 75 Pa. C.SA 93112(a)(3)(i); (g) In failing to observe the steady red traffic-control signal then and there existing, in violation of 75 Pa. C.S.A. S 3112(a)(3)(i); 3 (h) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (i) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. c.S.A. 93714; G) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; (k) In operating her vehicle at a speed in excess of the posted speed limit; and (I) In otherwise operating a motor vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others, in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the negligence of the Defendant, Teresa M. Anderson, the Plaintiff, Jeffrey Walsh, has suffered extensive personal injuries, including, but not limited to, back pain, disc problems and sciatica. 15. As a direct and proximate result of the negligence of Defendant, Teresa M. Anderson, the Plaintiff, Jeffrey Walsh, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 4 16. As a direct and proximate result of the negligence of Defendant, Teresa M. Anderson, the Plaintiff, Jeffrey Walsh, has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Teresa M. Anderson, the Plaintiff, Jeffrey Walsh, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Teresa M. Anderson, the Plaintiff, Jeffrey Walsh, has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his great detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Teresa M. Anderson, the Plaintiff, Jeffrey Walsh, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 20. Plaintiff, Jeffrey Walsh, believes and, therefore, avers that his injuries are permanent in nature. 5 WHEREFORE, Plaintiff, Jeffrey Walsh, seeks damages from Defendant, Teresa M. Anderson, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: ~.,).. J. 0> By: ~ ~.2.-e.-- Jason ~ Imler, Esquire Attorney I.D. #87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 6 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 le) JASON C. IMLER, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa c.S. 94904 relating to unsworn falsification to authorities. Date: g~)5' oS- ____-- '* -d I'~ ::::::::::..... ...---.; -- JASON C. IMLER, ESQUIRE , . Jason C. Imler, Esquire 1.0.#87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233.3029 E-mail: Imler@HHRLaw.com Attorney for Plaintiff JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION. LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this1o.cfa~ of August, 2005, I hereby certify that I have served the within document upon Defendant/Counsel of Record by sending a true and correct copy of the same via First Class United States mail, postage prepaid, and addressed as follows: Kevin D. Rauch, Esq. Summers, MeDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 ING & ROSENBERG, LLP Marti Ibe, a Secretary to Jason C. Imler, Esquire 7 .. ,"". " C) C 2'; (:::;) ;;:"..1'1 ,'.~'" c',;) p...) "t.:- o -n .-4 :.T::n rtlr:.: ~3{~~ C~(~ . , ~<l, ..", L-) p,) _J '~ c.:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY K. WALSH, Plaintiff, CIVIL DIVISION NO. 05-3237 v. ANSWER AND NEW MATTER TERESA M. ANDERSON, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: TO: Plaintiff Kevin D. Rauch, Esquire Pa.I.D.#83058 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. @jj)~ff62 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY K. WALSH, Plaintiff, CIVIL DIVISION v. NO. 05-3237 TERESA M. ANDERSON, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Teresa M. Anderson, by and through her 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. Denied. To the contrary, the Defendant, Teresa Strawn, resides at 28 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011. 3. Admitted. 4. Admitted. 5. 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. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that the Plaintiff's vehicle was traveling northbound on South East Street, approaching the intersection of East High Street. 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 in part, denied in part. It is admitted that the Defendant was negligent in the operation of her motor vehicle on the time, date, and place in question. The remainder of the allegations in paragraph 10 are denied generally pursuant to PaRC.P. 1 029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. 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. 12. Paragraph 12 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 PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 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 PaRC.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 PaRC.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. 19. Paragraph 19 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. 20. Paragraph 20 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, Teresa M. Anderson, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 21. 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. 22. Some and/or all of Plaintiff's 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. 23. 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 Plaintiff's ability to recover non-economic damages. 24. 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, Teresa M. Anderson, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, MeDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 1Wf)~~t Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her 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 she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she 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. 94904, relating to unsworn falsification to authorities. Date: ~ ,j....._" 'N\ c~.. 4-_ Teresa M. Anderson #13955 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 Sf Oklt1hf. r ,2005. , Jason C. Imler, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, MeDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ~D VfJJ/~~ Kevin D. Rauch, Esquire Counsel for Defendant 0 ...., 0 C~ ~:,:; c.:;. "11 c.n e/) =Y-::a Pi -'0 me- N -01'1. :-ov C)(L., ~.l _ -",-" -u -;"".--1'1 :;;& '?-O c; I)! ~jrn >'1 ../ :!S ~:2 o- N .-< Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER. HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER(a)HHRLAW.COM Attorney for Plaintiff JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Jeffery K. Walsh, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esquire, who answers Defendant's New Matter as follows: 21. Denied. The averments in Paragraph 21 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 22. Denied. The averments in Paragraph 22 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 23. Denied. The averments in Paragraph 23 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 24. Denied. The averments in Paragraph 24 of Defendant's New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. WHEREFORE, Plaintiff, Jeffrey K. Walsh, respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in his favor. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 1/a~/ Os BY~~ Jaso C. Imler, Esquire 2 JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 23rd day of September, 2005, I hereby certify that I have served the within document upon Defendant by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U. S. Mail: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 HANDLER, HENNING & ROSENBERG, LLP ~ Q^~ (l I A.)Q Q.QI) Maria Wells, Legal Secretary to Jason c. Imler, Esquire Dated: September 23,2005 o S t-' "'" 5' V' ,...."'" -0 rV -' c, '-- ~~t ..<. 'J,y ::r:-. o --n :?-"n (1'2 -n \I'~ --f;'''!'' :~i{~.~, (:5~~'~ .;:~tn ~ ?l ....9 .,;:- ;;- ~ . \ JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COURT: Please mark this matter "SETTLED. DISCONTINUED AND ENDED" Jason C. Imler. Esauire 1300 Linalestown Road Harrisbura. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney ~- /~/~ ~ ,,- Signature of Attorney Supreme Court ID No. 87911 Date: March 10. 2006 " JEFFREY K. WALSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05.3237 Civil Division TERESA M. ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10th day of March, 2006, I hereby certify that I have served the within document upon Counsel for Defendant by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Kevin Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 HANDLER, HENNING & ROSENBERG, LLP ''1YI ~ W/..tl6 Maria Wells, Legal Secretary to Jason C. Imler, Esquire vr: CG ~_~' ;>:: " ~!:, f__, :';". ~'-:-( ~~?~ -< ~ ~, ......, g:; Cf'> ::x :;t~ ::0 o -i, ..... :::r: 'TI nl,' --o~. ...l...../ ~~~~ -'-'-;1 ~~ f~~ ~ -. >"iJ :< (Jl -0 ::;r;:: "'I c.n