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Home My WebLink About06-0416IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.C LL - 414v Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED MELISSA WILLIAMS MARIAN B. EICHINGER 3224 Trinity Road 21 Blue Mountain Vista Harrisburg, PA 17109 Mechanicsburg, PA 17050 COREY WILLIAMS versus 3224 Trinity Road Harrisburg, PA 17109 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attfuney () X)Sher''ff W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17108 Signat a of Atfbrn4 (717) 238-2000 Supreme Court ID No. 322 8 Name/Address/Telephone No. of Attorney Date: January 18 2006 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. -7 c Pro notary Date:,j1 ) 02 /?? by Deputy ( ) Check here if reverse is used for additional information 1 ROTHON.-55 an .. w r --a VI lov:? SHERIFF'S RETURN - REGULAR CASE NO: 2006-00416 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS MELISSA ET AL VS EICHINGER MARIAN B SHANNON SHERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS EICHINGER MARIAN B was served upon the DEFENDANT , at 1645:00 HOURS, on the 25th day of January , 2006 at 21 BLUE MOUNTAIN VISTA MECHANICSBURG. PA 17050 MARIAN EICHINGER by handing to 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 7.92 Postage .39 Surcharge 10.00 .00 36.31 Sworn and Subscribed to before me this ap ' day of So Answers: R. Thomas Kline 01/25/2006 HANDLER HENNING ROSENBERG n By: deputy She f Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Bret Keisling, Esquire E-mail: bkeisling@tthlaw.com Attorney I.D. No. 201352 (717) 441-7054 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 MELISSA WILLIAMS and COREY WILLIAMS, Plaintiffs V. MARIAN B. EICHINGER, Defendant Attorneys for Defendant: MARIAN B. EICHINGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. o6-416 CIVIL JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Bret Keisling, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Marian B. Eichinger, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 2`;`j ?L By: 407848.1 PHEN E. GEDULDIG, QUIRE Attorney I.D. No. 43530 BRET KEISLING, ESQUIRE Attorney I.D. No. 201352 Attorneys for Defendant, MARIAN B. EICHINGER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, L on the 1 S? day of February, 2006, on all counsel of record as follows: W. Scott Henning, Esquire HANDLER, HENNING & ROSEN] 130o Linglestown Road, Suite 2 Harrisburg, Pennsylvania 17110-2840 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP 79417:?'? Bret Ke1 mg, Esquire 407850.1 ..,.a ?'i %'? i .rte .-i - .-,? ?-`,9 `n s- '? '; .{' < r' ?? '? :k Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Bret Keisling, Esquire E-mail: bkeisling@tthlaw.com Attorney I.D. No. 201352 (717) 441-7054 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 MELISSA WILLIAMS and COREY :ti'il' ILk' S, Plaintiffs V. MARIAN B. EICHINGER, Defendant Attorneys for Defendant: MARIAN B. EICHINGER IN THE COURT OF COMMON PLEAS OF CUTA3ERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. o6-416 CIVIL JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (2o) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ` - _ 407852.1 STEPPIEk E. GEDULDIG, ESQUI Attorney I.D. No. 43530 BRET KEISLING, ESQUIRE Attorney I.D. No. 201352 Attorneys for Defendant, MARIAN B. EICHINGER RULE NOW, 2oo6, RULE IS ISSUED AS ABOVE. Prothonotary -?, :-, ;? -, ?.: ,; _ __ .;;= .; .:. _ ?:., W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Henning@HHRLaw.com MELISSA WILLIAMS, AND COREY WILLIAMS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 06-416 CIVIL TERM V. : CIVIL ACTION - LAW MARIAN B. EICHINGER, Defendant NOTICE 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. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de Jos pr6ximos veinte (20) dias despuas de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando an la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui an contra suya. Se le advierte de qua si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTAOFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HAN By: F:1WP Directodes\BWS\Complaints\MVA\Turning\Williams - vehicle making leftwpd MELISSA WILLIAMS, AND COREY WILLIAMS, Plaintiffs V. MARIAN B. EICHINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 06-416 CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Melissa Williams and Corey Williams, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and make the within Complaint against the Defendant, Marian B. Eichinger, and avers as follows: 1 2. 3. 4 Plaintiffs, Melissa Williams and Corey Williams, are competent adult individuals, currently residing at 3224 Trinity Road, Harrisburg, Dauphin County, Pennsylvania 17109. Defendant, Marian B. Eichinger, is an adult individual currently residing at 21 Blue Mountain Vista, Mechanicsburg, Cumberland County, Pennsylvania 17050. At all times material hereto, Plaintiff, Melissa Williams, was the owner and operator of a 1997 Nissan, bearing Pennsylvania Registration Plate Number CJZ8030, (hereinafter referred to as "Plaintiffs' vehicle"). At all times material hereto, Defendant, Marian B. Eichinger, was the owner and operator of a 1999 Toyota, bearing the Pennsylvania Registration Plate Number ESG9329 (hereinafter referred to as "Defendant's vehicle"). 5. At the time of this collision, Plaintiff, Melissa Williams, was insured under a motor vehicle policy through Geico Insurance. Said policy provided and entitled Plaintiff to full-tort rights. 6. On or about February 10, 2004, at approximately 2:01 pm, Plaintiffs' vehicle, was traveling southbound on Bent Creek Boulevard in Silver Spring Township, Cumberland County. 7. On or about February 10, 2004, at approximately 2:01 pm, Defendant's vehicle, was traveling northbound on Bent Creek Boulevard in Silver Spring Township, Cumberland County. 8. At approximately the same time and place, as Plaintiffs' vehicle was lawfully traveling southbound, Defendant's vehicle failed to yield the right of way to Plaintiffs' vehicle and attempted to make a left hand turn, from the northbound lane, across the southbound lane, onto Blue Mountain Vista, directly into the path of Plaintiffs' lawfully proceeding vehicle, and a violent collision resulted. 9. As a direct and proximate result of the negligence of Defendant, Marian B. Eichinger, the Plaintiffs, Melissa Williams and Corey Williams, sustained serious and extensive injuries as set forth more specifically below. COUNTI - NEGLIGENCE MELISSA WILLIAMS v. MARIAN B. EICHINGER -2- 10. Paragraphs 1 through 9 are incorporated herein as if set forth at length. 11. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Melissa Williams, were caused directly and proximately by the negligence of Defendant, Marian B. Eichinger,more specifically, as set forth below: a. In failing to yield the right-of-way to Plaintiffs' vehicle which approached and entered the intersection from the opposite direction, in violation of 75 Pa. C.S.A. § 3322; b. In failing to be reasonably vigilant to observe Plaintiffs' vehicle; C. In failing to properly and adequately observe the traffic conditions then and there existing; d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714; e. In failing to operate Defendant's vehicle in such a manner that would allow him to apply the brakes and stop before striking Plaintiffs' vehicle; f. In failing to operate Defendant's vehicle under proper and adequate control so that she could avoid striking Plaintiffs' vehicle; g. In failing to yield the right-of-way to Plaintiffs' vehicle which was already in the intersection, in violation of 75 Pa. C.S.A. § 3324; h. In failing to operate Defendant's vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; L In failing to execute a left hand turn across opposing traffic lanes without allowing adequate space for Defendant's vehicle to execute the turn so as to avoid a collision with oncoming traffic, specially Plaintiffs' vehicle; In failing to exercise a high degree of care when entering an intersection; and -3- k. In driving Defendant's vehicle upon the highway 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. 12. As a direct and proximate result of the Defendant, Marian B. Eichinger's negligence, Plaintiff, Melissa Williams, sustained severe injuries, including, but not limited to, injuries to her neck, shoulders, back, arm, hip pain, and left-sided tingling and numbness. 13. As a direct and proximate result of the Defendant, Marian B. Eichinger's negligence, Plaintiff, Melissa Williams, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 14. As a direct and proximate result of the Defendant, Marian B. Eichinger's negligence, Plaintiff, Melissa Williams, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 15. As a direct and proximate result of the Defendant, Marian B. Eichinger's negligence, Plaintiff, Melissa Williams, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 16. As a direct and proximate result of the Defendant, Marian B. Eichinger's negligence, Plaintiff, Melissa Williams, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. -4- 17. As a direct and proximate result of the negligence of Defendant, Marian B. Eichinger, the Plaintiff, Melissa Williams, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 18. Plaintiff, Melissa Williams, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiffs, Melissa Williams and Corey Williams, seeks damages from Defendant, Marian B. Eichinger, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - LOSS OF CONSORTIUM COREY WILLIAMS v. MARIAN B. EICHINGER 19. Paragraphs 1 through 18 are incorporated herein as if set forth at length. 20. At all times material to this action, Plaintiffs, Melissa Williams and Corey Williams, were married as husband and wife. 21. As a direct and proximate result of Defendant's negligence, Plaintiff, Corey Williams, has suffered a loss of consortium, society, and comfort from his wife, Melissa Williams, and he will continue to suffer a similar loss in the future. 22. As a direct and proximate result of Defendant's negligence, Plaintiff, Corey Williams, has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. -5- WHEREFORE, Plaintiff, Corey Williams, seeks damages from the Defendant, Marian B. Eichinger, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully Submitted, HANDLER, HENNING & RO,PENBERG, LLP Date, By W. Scott Henn nn , Es ire I.D. #32298 / 1300 Linglestown Road Harrisburg, PA 17110 (717)238-2000 Attorney for Plaintiffs -6- VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document 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 contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (L-& Melissa Williams Corey Will ms Date: ?J ???06 HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning, Esquire ID #32298 1300 Linglestown Road Harrisburg, PA 17110 717.238.2000 MELISSA WILLIAMS, AND : IN THE COURT OF COMMON PLEAS COREY WILLIAMS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No: 06-416 CIVIL TERM V. CIVIL ACTION - LAW MARIAN B. EICHINGER, Defendant CERTIFICATE OF SERVICE On April 5, 2006, 1 hereby certify that a true and correct copy of Plaintiffs' Complaint with Notice to Defend was served upon the following by depositing in US certified mail: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Respectfully Submitted, HANDLER, HENWNG/& ROSENBERG, LLP Date: April 5, 2006 By: r_... ? ?? \, '? ..a ' ?' c? r_ . .. Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Bret Keisling, Esquire E-mail: bkeisling@tthlaw.com Attorney I.D. No. 201352 (717) 441-7054 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 Attorneys for Defendant: FAX (717) 237-7105 MARIAN B. EICHINGER MELISSA WILLIAMS and : IN THE COURT OF COMMON PLEAS COREY WILLIAMS, : OF CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION -LAW V. : NO. o6-416 CIVIL MARIAN B. EICHINGER, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW COMES Defendant, Marian B. Eichinger, by and through her attorneys, Stephen E. Geduldig, Esquire, and Bret Keisling, Esquire. of Thomas, Thomas, & Hafer, LLP, and file the following Answer to Plaintiffs Complaint: i. Admitted. 2. Admitted. 3. Denied. By way of further answer, after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 4. Admitted. 5. Denied. By way of further answer, after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 6. Admitted. 7. Admitted. 8. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e). 9. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). Count I: Negligence Melissa Williams v. Marian B. Eichinger 10. This is a paragraph of incorporation to which no response is required. 11 a.-k. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). By way of further answer: 11(a). It is specifically denied that Defendant failed to yield the right-of-way in violation of 75 Pa.C.S.A. § 3322; 11(b). It is specifically denied that Defendant failed to be reasonably vigilant; 11(c). It is specifically denied that Defendant failed to properly observe the traffic conditions then and there existing; 11(d). It is specifically denied that Defendant drove in careless manner in violation of 75 Pa.C.S.A. § 3714; 11(e). It is specifically denied that Defendant failed to operate her vehicle in such a manner that would allow her to apply brakes and stop before striking Plaintiffs vehicle. By way of further answer, Plaintiffs vehicle struck Defendant's vehicle; ii(fl. It is specifically denied that Defendant failed to operate her vehicle under proper and adequate control so that she could avoid striking Plaintiffs vehicle. By way of further answer, Plaintiffs vehicle struck Defendant's vehicle; ii(g). It is specifically denied that Defendant failed to yield the right-of-way to plaintiff s vehicle which was already in the intersection, in violation of 75 Pa.C.S.A. § 3324• By way of further answer, Plaintiffs vehicle was not "already in the intersection" as stated by Plaintiff. By way of further answer, Plaintiffs vehicle struck Defendant's vehicle; ii(h). It is specifically denied that Defendant failed to operate her vehicle at such a speed at which she could stop within the assured clear distance ahead ii(i). It is specifically denied that Defendant failed to allow adequate space to execute a turn so as to avoid a collision. By way of further answer, Plaintiffs' vehicle collided with Defendant's vehicle. 110). It is specifically denied that Defendant failed to exercise a high degree of care. It is also denied that a "high degree of care" is the appropriate legal standard. ii(k). It is specifically denied that Defendant drove her vehicle "in a manner endangering persons and property" or with "careless disregard to the rights and safety of others...." By way of further answer, Plaintiffs' averment that Defendant's driving was in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania is a legal conclusion to which no response is required. 12. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). 13. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). 14. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). 15. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). 16. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). 17. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). 18. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). WHEREFORE, Defendant Marian Eichinger respectfully requests that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in her favor. COUNT TWO: LOSS OF CONSORTIUM COREY WILLIAMS v. MARIAN B. EICHINGER 19. This is a paragraph of incorporation to which no response is required. 20. By way of further answer, after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 21. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). 22. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (c) and (e). WHEREFORE, Defendant Marian Eichinger respectfully requests that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in her favor. 4 NEW MATTER 21. Plaintiffs' Complaint fails to allege a cause of action against Defendant. 24. Plaintiffs' claims may be barred or limited by application of the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiffs' claims may be barred or limited by the doctrines of collateral estoppel and/or res judicata. 26. Plaintiff was comparatively negligent and that comparative negligence bars or limits his recovery under the Pennsylvania Comparative Negligence Act. 27. No act or omission on the part of Defendant caused or contributed to any of Plaintiff's alleged injuries and harm. 28. Some or all of Plaintiff's alleged injuries and damages may not have been caused by the incident or accident which is the subject of this lawsuit. WHEREFORE, Defendant, Marian B. Eichinger, respectfully requests that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in her favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 3 ..! n 4 I? Lccb By: '?? ? ?- 423993.1 ST Q"!?. GEDULDIG, ES UIRE Attorney I.D. No. 43530 BRET KEISLING, ESQUIRE Attorney I.D. No. 201352 Attorneys for Defendant, Marian B. Eichinger VERIFICATION I, Marian Eichinger, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date Mari n Eichinger 429964.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 7th day of June, 2006, on all counsel of record as follows: W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG 130o Linglestown Road, Suite 2 Harrisburg, Pennsylvania 17110-2840 Attorney for Plaintiff 423993.1 THOMAS, THOMAS & HAFER, LLP Bret eisli g, squire 6 ?? r J c t _J , f_ l T CT (i_ "L ?tl _ ? -:1 ?!? CJ l) - ?_ -? _`i ?? (1J ?R ? -I --- _ X17 __ •? MELISSA WILLIAMS, AND COREY WILLIAMS, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No: 06-416 CIVIL TERM : CIVIL ACTION - LAW MARIAN B. EICHINGER, Defendant PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come the Plaintiffs, Melissa Williams and Corey Williams, by and through their attorneys, HANDLER, HENNING & ROSENBERG. LLP, by W. Scott Henning, Esquire, and reply to Defendant's New Matter as follows: 21. Denied. The allegation set forth in Paragraph 21 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' Complaint fails to allege a cause of action against the Defendant, and proof to the contrary is demanded at the trial in this matter. 24. Denied. The allegation set forth in Paragraph 24 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiffs acknowledge that they will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law that the Honorable Court deems properly applicable to the subject cause of action. 25. Denied. The allegation set forth in Paragraph 25 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' claims are barred or limited by the Doctrines of Collateral Estoppel and/or res judicata, and proof to the contrary is demanded at the trial in this matter. M 4 26. Denied. The allegation set forth in Paragraph 26 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiff Melissa Williams was contributorily or comparatively negligent so as to limit or bar her recovery under the Pennsylvania Comparative Negligence Act, and proof to the contrary is demanded at the trial in this matter. 27. Denied. It is denied that there was no act or omission on the part of the Defendant that caused or contributed to the Plaintiffs' injuries and damages, and proof to the contrary is demanded at the trial in this matter. 28. Denied. It is denied that some or all of Plaintiffs' injuries and damages were not caused by the collision between the Plaintiffs and Defendant's vehicle, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, Plaintiffs, Melissa Williams and Corey Williams, demand judgment against the Defendant, Marian B. Eichinger, for the relief set forth in their Complaint. DATE Respectfully submitted, HANDLER, H ROSENBERG, LLP W. Scott Hennin E I.D. #32298 1300 Linglestow o" Harrisburg, PA 17110 717-238-2000 Attorney for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, 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. §4904 relating to unsworn falsificatio uthorities. Date: ? e'" '? ?1 W. SCOTT MEP 41NOVESQUIRE MELISSA WILLIAMS, AND : IN THE COURT OF COMMON PLEAS COREY WILLIAMS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No: 06-416 CIVIL TERM V. CIVIL ACTION - LAW MARIAN B. EICHINGER, Defendant CERTIFICATE OF SERVICE On the 12th day of June 2006, 1 hereby certify that a true and correct copy of Plaintiffs Reply To New Matter was served upon the following by depositing in U.S. Mail; 9-0?-0049 Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 Respectfully submitted, HENN ROSENBERG, LLP DATE i \ I -or W. Scott Henning-, E# I . D. #32298 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 Attorney for Plaintiffs ? ?? _? _? 4w > > _, r.,} C.i ., _ ?? ? ? ; `\. Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ()L - q f , CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573