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HomeMy WebLinkAbout05-5237 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. - ( u L CIVIL ACTION - L ,61W BROOKS BELLO 420 HERMAN AVENUE LEMOYNE, PA 17043 Plaintiff(s)& Address(es) APRIL VERRECCHIO 1203 Yverdon Drive Wormleysburg, Pa 17043 Defendant(s) Address(es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendant April Verrecchio. The Writ of Summons should be delivered to the Sheriff for service upon Defendant April Verrecchio, 1203 Yverdon Drive, Wormleysburg, Cumberland County, Pennsylvania. (telephone: 717-763-4377). Date: la _? _o,<' METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By /Edward E. Knauss, IV, Esquire I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff 327257-1 "?. rte? ?? CV) T •' I METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Brooks Bello BROOKS BELLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. OS' - .,%?37 l acs ?C_ l ?r/??'L CIVIL ACTION - LAW APRIL VERRECCHIO, Defendant JURY TRIAL DEMANDED WRIT OF SUMMONS TO: April Verrecchio 1203 Yverdon Drive Wormleysburg, Pa 17043 You are hereby notified that Plaintiff Brooks Bello has commenced an action against you. Dated: 0C+ 5 x()615 dt'?Y4 Pr honotar 327257-1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-05237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELLO BROOKS VS VERRECHHIO APRIL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon 0 APRIL the DEFENDANT , at 0850:00 HOURS, on the 2nd day of November , 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to APRIL VERRECHHIO a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 14.40 Postage .37 Surcharge 10.00 .00 42.77 Sworn and Subscribed to before me this q e_- day of A. D. roth ry So Answers: .tea R. Thomas Kline 11/02/2005 METZGER WICKEERRSHAM By: G Deputy Sheriff .A vs Case No. 05-5247 APRIL VERRECCHIO Statement of Intention to Proceed To the Court: Plaintiff, Brooks Bello intends to proceed with the above captioned matter. zo 'e 0 ?1?1 7 >Vzx-a? Print Name Edward E. Knauss, Esquir@SignName Date: September 17, 2008 Attorney for Plaintiff, Brooks Bello Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. iY A CERTIFICATE OF SERVICE I, Jessica A. Stine, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document with fo reference to the foregoing action by first class mail, postage prepaid, this ? day of September, 2008 on the following: April Verrecchio 1203 Yverdon Drive Wormleysburg, PA 17043 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. J is .Stine 405848-1 t7 *`3 cf, ? Q rrl M _t ti ? o ?W m JOHNSON, DUFFIE, STEWART & WEIDNER 4 By: Jefferson J. Shipman, Esquire Counsel f r D ndaY I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: hs@jdsw.com BROOKS BELLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-5237 Civil APRIL VERRECCHIO, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. 4ffJON, DUFFIE, STEWART & WEIDNER Date: June 15, 2009 rson J. Shipman, Esquire RULE TO: Plaintiff Brooks Bello c/o Edward E. Knauss, IV, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. K7 Date: &1110/0 9 ???50Q. thonotary CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 15, 2009: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOH,WON, DUFFIE, STEWART & WEIDNER J. Shipman, Esquire OF THE FR,' 2009 JUN 15 PH 1: 51 CUyE; iNTY JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Counsel for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: bs@jdsw.com BROOKS BELLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-5237 Civil APRIL VERRECCHIO, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant April Verrecchio in the above-captioned matter. Respectfully submitted, JOHNS DUFFIE, STEWART & WEIDNER Date: June 15, 2009 Je rsonV Shipman,( Esquire Att rney I.D. No. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 15, 2009 Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: ' ' er n J. Shipm , Esquire -11f" FILED-Oi- fCc OF TPE }?,?, _. ,-, craaY 7009 jUN 16 PH 1: 5 cute, METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Brooks Bello BROOKS BELLO, Plaintiff VS. APRIL VERRECCHIO, Defendant TO: Defendant April Verrecchio IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5237 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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, 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 421697-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar 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 su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensacion reclamados par el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO WMEDIATAMENTE, SI USTED NO TIENE O 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 421697-1 METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 BROOKS BELLO, Plaintiff VS. APRIL VERRECCHIO, Defendant Attorneys for Plaintiff Brooks Bello IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5237 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Brooks Bello, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff Brooks Bello is an adult individual residing at 420 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant April Verrecchio is an adult individual residing at 1203 Yverdon Drive, Wormleysburg, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth occurred on December 8, 2003, at or about 8:20 p.m. on State Route 581 near westbound mile marker 2.0, in Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Brooks Bello was the operator of a 1993 Chevy Geo Storm. 5. At the aforesaid time and place, Defendant April Verrecchio was the operator of a 2002 Ford Escort bearing Pennsylvania License Plate No. ESF1298. 421697-1 6. At the aforesaid time and place, Plaintiff Brooks Bello was operating her vehicle and traveling west in the left lane of State Route 581, Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, the vehicle operated by Defendant April Verrecchio was also traveling west on State Route 581, Hampden Township, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, an unknown vehicle traveled into the left lane, collided with Plaintiff Brooks Bello's vehicle and pushed it into a concrete barrier. Plaintiff's vehicle came to a complete stop on the roadway and was then struck by Defendant Verrecchio's vehicle, causing injuries to the plaintiff. 9. The collision and injuries to plaintiff occurred solely as a result of the negligence and carelessness of the Defendant and were not due in any manner to any act, or failure to act, on the part of the Plaintiff. 10. Defendant owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate her vehicle in such a way as to not cause harm or damage to said other persons, and to the Plaintiff in particular. 11. The negligence and carelessness of the Defendant consisted of the following: (a) Failing to observe Plaintiff's vehicle on the roadway; (b) Failing to slow or stop the vehicle she was operating so as to avoid a collision; (c) Failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with Plaintiff's vehicle; (d) Failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; 421697-1 (e) Failing to give warning to Plaintiff of her impending collision with her vehicle; (f) Operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714 and applicable law; (g) Failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (h) Operating her vehicle too fast for the conditions existing at the aforesaid time and place and violating the assured clear distance rule pursuant to 75 Pa.C.S.A. §3361; (i) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (j) Failing to yield the right-of-way to traffic already upon the highway; (k) Operating her vehicle so as to create a dangerous situation for other vehicles on the roadway; (1) Failing to observe stopped traffic; (m) Following Plaintiff's vehicle too closely; (n) Failing to stay alert to traffic patterns; (o) Failing to keep her eyes on the roadway; (p) Failing to have her vehicle under proper and adequate control; (q) Operating her vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3736 ; (r) Operating her vehicle in an unsafe and negligent manner; (s) Otherwise operating her vehicle at an unsafe and excessive speed. 421697-1 12. As a direct and proximate result of the collision, and the negligent and careless conduct of Defendant, Plaintiff sustained, serious and debilitating injuries, some of which are or may be permanent, and which include, but are not limited to, the following: (a) L4-L5 central to left paracentral herniated nucleus pulposus; (b) Left L5 nerve root impingement; (c) Noncompressive central herniated nucleus pulposus; (d) Cervicalgia; (e) Lumbalgia; (f) Right leg numbness; (g) Right leg radiculopathy; (h) Severe right lower back pain; (i) Left sciatica; 0) Right shoulder pain; (k) Severe headaches; (1) Dizziness; (m) Abdominal pain; (n) Nausea; (o) Muscle strain; (p) Muscle spasms; (q) Muscle soreness and stiffness; (r) Decreased trunk range of motion. 421697-1 13. As a direct and proximate result of the aforesaid collision, and the negligence and carelessness of Defendant, Plaintiff has undergone, and in the future will undergo, physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation; present, past and future loss of her ability to enjoy the pleasures of life; and limitations in her pursuit of daily activities. 14. As a direct and proximate result of the aforesaid collision, and the negligence and carelessness of Defendant, Plaintiff has incurred and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a direct and proximate result of the aforesaid collision, and the negligence and carelessness of Defendant, Plaintiff has suffered and may in the future suffer a loss of earnings for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision, and the negligence and carelessness of Defendant, Plaintiff may in the future incur a loss of earning capacity, loss of household services and other economic losses for which damages are claimed. 17. As a direct and proximate result of the aforesaid collision, and the negligence and carelessness of Defendant, Plaintiff sustained incidental costs and losses which include, but are not limited to, past and future medication costs and/or medical appliances. 421697-1 WHEREFORE, Plaintiff Brooks Bello demands judgment against Defendant April Verrecchio for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs. Respectfully submitted, METZGER WICKERS KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: 71Z-31,9-17 421697-1 VERIFICATION I, Brooks Bello, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished 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 unsworn falsification to authorities. Dated: --Z-3-0 7 Q U-) Brooks Bello -v? 421697-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV., Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Complaint with reference to the foregoing action by first class mail, postage prepaid, this or, day of , 2009 on the following: VIA FIRST CLASS MAIL Defendant April Verrecchio c/o Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Ed and E. Knauss, IV., Esquire 421697-1 FILE OF THE 2CO 09 jlv'-. 24 F i 1: w 0 tug ?.- r .. ` ?; JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendant BROOKS BELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5237 Civil JURY TRIAL DEMANDED V. APRIL VERRECCHIO, Defendant NOTICE TO PLEAD TO: Brooks Bello and her counsel, Edward E. Knauss, IV, Esquire Metzger, Wickersham P.O. Box 5300 Harrisburg, PA 17110-0300 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON,, DUFFIE, STEWART & WEIDNER Date: August 20, 2009 Je ersoh J. Shipmain, Esquire Attorney I.D. No. 51785 Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendant BROOKS BELLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. 05-5237 Civil APRIL VERRECCHIO, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, April (Verrecchio) Barge, by and through her counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs Complaint: 1. Denied. After reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 1. 2. Admitted except as to the address. Additionally, the Defendant's married name is April L. Barge. 3. Admitted except as to the time of day. 4. Admitted. 5. Denied. Mrs. Barge was operating a Ford Focus. 1 6. Admitted only that the Plaintiff was operating her vehicle traveling west on State Route 581 in Hampden Township, Cumberland County, Pennsylvania. Mrs. Barge is without sufficient knowledge or information to form a belief as to the remaining averments of paragraph number 6. 7. Admitted. 8. Admitted in part; denied in part. It is admitted only that an unknown vehicle collided with the Plaintiffs vehicle. After reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the remaining averments of paragraph number 8, and the same are therefore denied. 9. Denied. The averments contained in paragraph number 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph number 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 11. Denied. The averments contained in paragraph number 11 and subparagraphs (a) through (s) are all conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Barge was negligent in allegedly failing to observe the Plaintiffs vehicle on the roadway; 2 (b) Denied. It is specifically denied that Mrs. Barge was negligent in allegedly failing to slow or stop the vehicle she was operating so as to avoid the collision; (c) Denied. It is specifically denied that Mrs. Barge failed to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with the Plaintiffs vehicle; (d) Denied. It is specifically denied that Mrs. Barge failed to maintain adequate control of the vehicle she was operating in order to avoid a collision; (e) Denied. It is specifically denied that Mrs. Barge failed to give warning to the Plaintiff of her impending collision with her vehicle; (f) Denied. It is specifically denied that Mrs. Barge operated her vehicle in careless disregard for the safety of persons and property in violation of 75 Pa.C.S.A. § 3514; (g) Denied. It is specifically denied that Mrs. Barge failed to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (h) Denied. It is specifically denied that Mrs. Barge operated her vehicle too fast for the conditions existing at the aforesaid time and place and violating the assured clear distance rule pursuant to 75 Pa.C.S.A. § 3361; (i) Denied. It is specifically denied that Mrs. Barge failed to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (j) Denied. It is specifically denied that Mrs. Barge failed to yield the right-of- way to traffic already upon the highway; (k) Denied. It is specifically denied that Mrs. Barge operated her vehicle so as to create a dangerous situation for other vehicles on the roadway; (1) Denied. It is specifically denied that Mrs. Barge failed to observe stopped traffic; 3 (m) Denied. It is specifically denied that Mrs. Barge followed Plaintiffs vehicle too closely; (n) Denied. It is specifically denied that Mrs. Barge failed to stay alert to traffic patterns; (o) Denied. It is specifically denied that Mrs. Barge failed to keep her eyes on the roadway; (p) Denied. It is specifically denied that Mrs. Barge failed to have her vehicle under proper and adequate control; (q) Denied. It is specifically denied that Mrs. Barge operated her vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. § 3736; (r) Subparagraph (r) has been stricken and deleted from the Complaint by Stipulation of counsel; and (s) Subparagraph (s) has been stricken and deleted from the Complaint by Stipulation of counsel 12. Denied. The averments contained in paragraph number 12 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein after specifically denied. After reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 12 including subparagraphs (a) through (r), and the same are therefore denied and strict proof is demanded at the time of trial. 13. Denied. The averments contained in paragraph number 13 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein after specifically denied. After 4 reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 13, and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. The averments contained in paragraph number 14 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein after specifically denied. After reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 14, and the same are therefore denied and strict proof is demanded at the time of trial. 15. Denied. The averments contained in paragraph number 15 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein after specifically denied. After reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15, and the same are therefore denied and strict proof is demanded at the time of trial. 16. Denied. The averments contained in paragraph number 16 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein after specifically denied. After reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 16, and the same are therefore denied and strict proof is demanded at the time of trial. 5 17. Denied. The averments contained in paragraph number 17 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein after specifically denied. After reasonable investigation, Mrs. Barge is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 17, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant April Verrecchio respectfully requests that judgment be entered in her favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 18. That the Plaintiff has failed to state a cause of action for which relief may be granted. 19. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and by the limited tort option. 20. That if it should be found that the Defendant was negligent, which is denied, then in that event any such negligence was not a proximate cause nor factual cause of the Plaintiffs harm.. 21. That the Plaintiffs alleged cause of action may have been caused in whole or in part by the negligence of third parties or entities not presently involved in this action. 6 22. That the Plaintiffs alleged cause of action may have been caused by an intervening, superseding cause. 23. That the Plaintiff may have failed to mitigate her injuries and damages as alleged. 24. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act and by the Plaintiffs own comparative negligence. 25. That the Plaintiff may have been contributorily negligent. 26. That the Plaintiffs own contributory negligence was a substantial factor or factual cause of his own injuries. 27. That the Plaintiff may have assumed the risk of his injuries. 28. That the Plaintiffs alleged injuries may have been pre-existing. WHEREFORE, Defendant April Verrecchio respectfully requests that judgment be entered in her favor and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, Date: August 20, 2009 JOHNS,(3", DUFFIE, STEWART & WEIDNER By: 7 Je ferson J. Shipn4an, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICATION I, April (Verrecchio) Barge, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Apri (Verrecchio) Barge ddol &T--t Date: 372541 W CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 20, 2009: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff rson J. Shipma , Esquire LED Mr•r_ OF THE VI L)TAIRY 2 4 W.;G 21 i`2: \dtti`o 'wi i METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Brooks Bello BROOKS BELLO, Plaintiff vs. APRIL VERRECCHIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5237 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY OF PLAINTIFF TO NEW MATTER 18-28 These paragraphs are all denied. WHEREFORE, Plaintiff demands that the New Matter be dismissed and asks that judgment be entered in her favor with costs. METZG ,WIC SHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney ID #: 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 ? Date: Attorney for Plaintiff 425656-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff 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, are as known to the undersigned as to the client, Plaintiff Brooks Bello, 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. t" DWARD E. KNAUSS, IV Dated: August 25, 2009 425656-1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiffs Reply to New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 25, 2009. JOHNSON, DUFFIE, STEWART 8a WEIDNER Jefferson J. Shipman, Esquire 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 METZGER, ICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney ID #: 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 425656-1 OF THE 2009 AIJG 26 Fh 1:59 rly r' L' i w. a.a? 1t r, P. .JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com BROOKS BELLO, V. Plaintiff APRIL VERRECCHIO, Defendant Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5237 Civil JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between Edward E. Knauss, IV, Esquire, counsel for Plaintiff and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraphs (r) and (s) of paragraph 11 only are hereby stricken and deleted from the Complaint. " 7MET £ER W E HAM Edward E. nauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Date: 0 ' Z t (?:2 374950 J SON, DUFFIE, STEWART & WEIDNER Jeff rs J. Shipman, Esquir Attorney I.D. No. 51785 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: ?? ;Z? f t,7 .. IN CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Stipulation of Counsel has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 26, 2009 Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: Je erson J. Shipm , Esquire FILET -C' F i' E OF THE- lrw'Drl'T-:0?I 2009 AUG 27 Ph 3: ti 3 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendant BROOKS BELLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-5237 Civil APRIL VERRECCHIO, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Brooks Bello, and her counsel, Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 12, 2009 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on October 12, 2009 : Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: Je erson J. Shipman JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com BROOKS BELLO, V. Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff APRIL VERRECCHIO, Defendant CIVIL ACTION - LAW NO. 05-5237 Civil JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Brooks Bello, and her counsel, Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 PLEASE TAKE NOTICE that Defendants intend to serve four(4) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. Date: September 30, 2009 JOHNSON, DUFFIE, STEWART & WEIDNER By: ti J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 0 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on September 30, 2009 : Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By. V -? e1 J erson J. Shipman COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brooks Bello, Plaintiff File No. 05-5237 vs. April Verrecchio, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. William K. Shaffer Shaffer Chiropractic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: an and all medical records chiropractic records reports, office notes correspondence, diagnostic test results pertaining to Brooks Bello DOB: 8/27182 SSN. 888-17-8513 at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: /C)2 Sea of t fie Court Jefferson J Shipman, Esquire 301 Market Street Lemoyne PA 17043 717-761-4540 51785 Defendant (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brooks Bello- Plaintiff Plaintiff File No. 05-5237 vs. April Verrecchio, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Pauline H Kostelac C) Washington Heights Medical Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports, office notes, correspondence diagnostic test results pertaining to Brooks Bello DOB: 8/27182 SSN: 888-17- 8513 at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: otary/Clerk, Civil Division Dep DATE: 9 4!j&I Seal of t lie Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brooks Bello, Plaintiff File No. 05-5237 vs. April Verrecchio, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Conforti Physical Therapy (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, physical therapy records, reports, office notes correspondence diagnostic test results pertaining to Brooks Bello DOB: 8/27/82 SSN: 888-17-8513 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: 4 '5 D Seal of t lie Court Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brooks Bello, vs. April Verrecchio, Plaintiff File No. 05-5237 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Drs. Verne Greiner and Valentine Osborne (3 University Physician Group (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, office notes, corresaondence. diagnostic test results aertainina to Brooks Bello DOB: 8/27/82 SSN: 888-17- 8513 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: 75 O Seal f th Court Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant (Eff. 7/97) BY THE COURT: 2 CC4 C C T 14 F1,12-1: OF 1010 MAR -4 PM 2: 30 METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Brooks Bello BROOKS BELLO, Plaintiff VS. APRIL VERRECCHIO, Defendant IN THE COURT OF COMM CUMBERLAND COUNTY, NO. 05-5237 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEAS OF INSYLVANIA PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above case settled and discontinued. Date: , 3- Id METZGER, WICKERSHAM, KNAUSS ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney ID #: 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff 437927-1