Loading...
HomeMy WebLinkAbout06-1698ISHWOREE PARISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. O(o - ILoQ? l?lv ?`??fL? JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants CIVIL ACTION - LAW 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP By - Jason C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 ISHWOREE PARISER, Plaintiff V. JOSHUA K. EDGINGTON and ANN D. EDGINGTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Defendants : CIVIL ACTION - LAW 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 los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, [as demandas presentadas aqui en contra suya. Se le advierte de que 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 set 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 VAYAA LASIGUIENTE OFICINA. ESTAOFICINAPUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOME AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP Byy ,- K--?_ Jason C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 2 ISHWOREE PARISER, Plaintiff V. JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D(,- I?V etc>LL : CIVIL ACTION -LAW COMPLAINT AND NOW, comes the Plaintiff, Ishworee Pariser, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., and makes the within Complaint against the Defendants, Joshua K. Edgington and Ann D. Edgington, and avers as follows: 1. Plaintiff, Ishworee Pariser, is an adult individual currently residing at 31 Bentley Place, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Joshua K. Edgington, is an adult individual currently residing at 39 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Ann D. Edgington, is an adult individual currently residing at 102 Strayer Drive, Carlisle, Cumberland County, Pennsylvania 17013 4. At all times material hereto, Plaintiff, Ishworee Pariser, was the owner and operator of a 1991 Nissan, bearing Pennsylvania registration number EWA 3374 (hereinafter, "Plaintiffs vehicle.") 5. At all times material hereto, Defendant, Joshua K. Edgington, was the 3 operator of a 2000 Ford bearing Pennsylvania registration number EBX 8242 (hereinafter, "Defendant's vehicle.") 6. At all times material hereto, Defendant's vehicle was owned by Defendant, Ann D. Edgington. 7. At all times material hereto, Plaintiff, Ishworee Pariser, was insured by Penn National Insurance Company and covered by the limited-tort option pursuant to 75 Pa. C.S.A. § 1705. 8. Pursuant to 75 Pa. C.S.A. § 1705(d), Plaintiff, Ishworee Pariser, is permitted to seek non-economic damages as if she retained full tort rights because she has sustained a serious impairment of body function and/or serious permanent disfigurement. 9. At all times material to this action, there were no adverse weather or road conditions. 10. On or about April 13, 2004, at approximately 1:33 p.m., Plaintiff's vehicle was lawfully traveling on southbound South Hanover Street in Carlisle Borough, Cumberland County, Pennsylvania. 11. At approximately the same time and place, Plaintiff's vehicle lawfully slowed to make a left-hand-turn into Halcyon Manor. 12. At approximately that same time and place, suddenly and without any warning, Defendant, Joshua K. Edgington, who had been traveling too close behind Plaintiff's vehicle, violently struck the rear of Plaintiffs slowing vehicle. 13. As a direct and proximate result of the negligence of Defendant, Joshua K. Edgington, the Plaintiff, Ishworee Pariser, sustained serious and extensive injuries. 4 Ishworee Pariser v. COUNTI - NEGLIGENCE Joshua K. Edgington 14. Plaintiff, Ishworee Pariser, incorporates and makes part of this Count paragraphs 1 through 13 above, as if the same were set forth fully below. 15. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Ishworee Pariser, are the direct and proximate result of the negligence of the Defendant, Joshua K. Edgington, generally and more specifically, as set forth below: (a) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; (b) In failing to have due regard for the speed of the vehicles and the traffic upon the road and the condition of the highway, in violation of 75 Pa. C.S.A. § 3310(a); (c) In failing to operate Defendant's vehicle in such a manner that would allow him to apply the brakes and stop before striking the rear of Plaintiff's slowing vehicle; (d) In failing to operate Defendant's vehicle under proper and adequate control so that he could have avoided striking Plaintiff's slowing vehicle; (e) In failing to properly regulate the speed of Defendant's vehicle so as to prevent a rear-end collision; (f) In failing to operate Defendant's vehicle at a speed and under such 5 control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate Defendant's vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (h) In following another vehicle more closely than is reasonable and prudent; (i) In failing to keep a proper lookout for vehicles lawfully slowing to make a turn; Q) In failing to exercise reasonable care in the operation and control of Defendant's vehicle, in violation of 75 Pa. C.S.A. § 3714; (k) In operating Defendant's vehicle with a careless disregard for the safety of others, in violation of 75 Pa. C.S.A. § 3714; (1) 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 Defendant's vehicle under such control that injury to persons or property could be avoided; and (m) In driving Defendant's vehicle 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. 16. As a direct and proximate result of the negligence of the Defendant, Joshua K. Edgington, the Plaintiff, Ishworee Pariser, has suffered serious injuries, including, but not limited to, a high velocity cervical sprain/strain, lumbar sprain/strain, cervical cord 6 compression, radiculopathy, cervical stenosis, protruding cervical discs, extremity numbness, back pain, neck pain, and surgical scarring. 17. As a direct and proximate result of the negligence of Defendant, Joshua K. Edgington, the Plaintiff, Ishworee Pariser, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 18. As a direct and proximate result of the negligence of Defendant, Joshua K. Edgington, the Plaintiff, Ishworee Pariser, has suffered great 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 great physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Joshua K. Edgington, the Plaintiff, Ishworee Pariser, has been compelled, in orderto effect a cure for aforesaid injuries, to expend 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. 20. As a direct and proximate result of the negligence of Defendant, Joshua K. Edgington, the Plaintiff, Ishworee Pariser, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 21. As a direct and proximate result of negligence of Defendant, Joshua K. Edgington, the Plaintiff, Ishworee Pariser, has been, and will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 22. Plaintiff, Ishworee Pariser, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Ishworee Pariser, seeks damages from Defendant, Joshua 7 K. Edgington, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT II - NEGLIGENCEMEGLIGENT ENTRUSTMENT Ishworee Pariser v. Ann D. Edgington 23. Paragraphs 1-22 are incorporated herein as if fully set forth at length. 24. At all times material hereto, Defendant, Ann D. Edgington, was the owner of the 2000 Ford, which Defendant, Joshua K. Edgington, was operating with her permission at the time of the collision. 25. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Ann D. Edgington, in allowing Defendant, Joshua K. Edgington, to operate her vehicle when she knew, or should have known, of Joshua K. Edgington's propensity to operate motor vehicles in a manner set forth in Paragraph 15 above. 26. As a direct and proximate result of the negligence of the Defendant, Ann D. Edgington, Plaintiff, Ishworee Pariser, sustained severe injuries including, but not limited to, a high velocity cervical sprain/strain, lumbar sprain/strain, cervical cord compression, radiculopathy, cervical stenosis, protruding cervical discs, extremity numbness, back pain, neck pain, and surgical scarring. 27. As a direct and proximate result of the negligence of the Defendant, Ann D. 8 Edgington, Plaintiff, Ishworee Pariser, has been, and will in the future, be hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 28. As a direct and proximate result of the negligence of the Defendant, Ann D. Edgington, Plaintiff, Ishworee Pariser, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 29. As a direct and proximate result of the negligence of the Defendant, Ann D. Edgington, Plaintiff, Ishworee Pariser, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff continues to receive treatment and incur expenses of said injuries, and she will most likely continue to do so in the future, to her great detriment and loss. 30. As a direct and proximate result of the negligence of the Defendant, Ann D. Edgington, Plaintiff, Ishworee Pariser, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 31. As a direct and proximate result of the negligence of the Defendant, Ann D. Edgington, Plaintiff, Ishworee Pariser, has suffered a loss of income and/or earning capacity and she will continue to suffer the same due to her physical injuries in the future, to her great detriment and loss. 32. Plaintiff, Ishworee Pariser, believes and, therefore, avers that her injuries are 9 permanent in nature. WHEREFORE, Plaintiff, Ishworee Pariser, seeks damages from the Defendant, Ann D. Edgington, 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: S-Z - 06 By: yJaso C. Imler, Esquire Attorney I.D. # 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 10 VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3_1(,_O, "-` jl' I t ! • 1 'LliL?o ¢.c? Ishworee Pariser ?s. ra C) r ') / ??ITI ?C C ? ) C..J y -? 1 C: 9C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ISHWOREE PARISER, Plaintiff, CIVIL DIVISION NO. 06-1698 V. JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14520 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ISHWOREE PARISER, Plaintiff, V. JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants. CIVIL DIVISION NO. 06-1698 (Jury Trial Demanded) 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 Defendants, JOSHUA K. EDGINGTON and ANN D. EDGINGTON, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL L.L.P. By: Kevin D. Rauch, Esq lr( Counsel for Defendants r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2006. Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & $KEEL L.L.P. By: r\evin u. Kaucn, tsgtm Counsel for Defendants ?? ?. ?, l it _. ? ?' .) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ISHWOREE PARISER, Plaintiff, V. JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants. TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From se ice hereof r a judgment May bold ag Ast you. mers, McDonnelT, rie & Skeel, L.L.P. ock, CIVIL DIVISION NO. 06-1698 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14520 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ISHWOREE PARISER, Plaintiff, CIVIL DIVISION V. JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants. NO. 06-1698 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendants, Joshua K. Edgington and Ann D. Edgington, by and through their 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 Defendants have insufficient information as to the truth or falsity of said averments; therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Denied as stated. Ann D. Edgington died on September 29, 2003, approximately seven months before the subject accident occurred. 4. Admitted. 5. Admitted. 6. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 7. After reasonable investigation, the Defendants have 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. 8. Paragraph 8 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. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted in part, denied in part. It is admitted that a collision occurred between the vehicles on the time, date, and place of the subject accident. The remainder of the allegations in paragraph 12 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I - NEGLIGENCE ISHWOREE PARISER v. JOSHUA K. EDGINGTON 14. In response to paragraph 14, the Defendants reiterate and repeat all their responses in paragraphs 1 through 13 as if fully set forth at length herein. 15. Admitted in part, denied in part. It is admitted that the Defendant negligently operated his vehicle on the time, date, and place of the subject accident. The remainder of paragraph 15 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 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. 21. Paragraph 21 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. 22. Paragraph 22 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, Defendants, Joshua K. Edgington, and Ann D. Egington, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT II - NEGLIGENCE/NEGLIGENT ENTRUSTMENT ISHWOREE PARISER v. ANN D. EDGINGTON 23. In response to paragraph 23, the Defendants reiterate and repeat all their responses in paragraphs 1 through 22 as if fully set forth at length herein. 24. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 25. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 26. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 27. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 28. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 29. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 30. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 31. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. 32. Specifically denied, as Defendant Ann D. Edgington died on September 29, 2003. NEW MATTER 33. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and these Defendants assert, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 34. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 35. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then these Defendants set forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 36. These Defendants plead 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, Defendants, Joshua K. Edgington, and Ann D. Edgington, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL.,L.L.P. By: '? '*-- vin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been ma' ed by U.S 'I to counsel of record via first class mail, postage pre-paid, this day of , 2006. Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.Pzi By: n-D. Ratich, Es-q-0ie7 nsel for Defendants VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: _cs G&Z-0 6 EDGINGTON #14520 (`) r? r' r--, ? ?J ;? 'rt ? ?-- ---{ i -? ` + r7 . - e - . '?1 ?°l? ?? . _--;. ,... i 7-. . ?V c`_? ?"Tj ? +". t ,? Cry'}~C Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING 8, ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLEROhhrlaw.com Attorney for Plaintiff ISHWOREE PARISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1698 JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Ishworee Pariser, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., and answers Defendant's new matter as follows: 33. Denied. The allegations contained in paragraph 33 of Defendant's New Matter contain conclusions of law to which no response is required. If a response is deemed necessary, Plaintiffs deny the allegation with strict proof thereof demanded at trial, if deemed material. By way of further answer, Plaintiffs submit that Defendant alleged absolutely no facts to support the allegations contained in paragraph 33 of Defendant's New Matter. 34. Denied. The allegations contained in paragraph 34 of Defendant's New Matter contain conclusions of law to which no response is required. If a response is deemed necessary, Plaintiffs denythe allegation with strict proof thereof demanded attrial, if deemed material. By way of further answer, Plaintiffs submit that Defendant alleged absolutely no facts to support the allegations contained in paragraph 34 of Defendant's New Matter. 35. Denied. The allegations contained in paragraph 35 of Defendant's New Matter contain conclusions of law to which no response is required. If a response is deemed necessary, Plaintiffs deny the allegation with strict proof thereof demanded attrial, if deemed material. By way of further answer, Plaintiffs submit that Defendant alleged absolutely no facts to support the allegations contained in paragraph 35 of Defendant's New Matter. 36. Denied. The allegations contained in paragraph 36 of Defendant's New Matter contain conclusions of law to which no response is required. If a response is deemed necessary, Plaintiffs deny the allegation with strict proof thereof demanded at trial, if deemed material. By way of further answer, Plaintiffs submit that Defendant alleged absolutely no facts to support the allegations contained in paragraph 36 of Defendant's New Matter. WHEREFORE, Plaintiff, Ishworee Pariser, respectfully requests thatthis Honorable Court dismiss Defendant's New Matter and enter judgment in her favor. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: ( - Iy ©6 By: aso . Imler, Esq. Attorneys for Plaintiffs PURSUANT TO PA R.C.P. NO. 1024 (c) 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. §4904 relating to unsworn falsification to authorities. Date: ( I y` 0 JASON C. IMLER, ESQUIRE ISHWOREE PARISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1698 JOSHUA K. EDGINGTON and ANN D. EDGINGTON, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 15t" day of June, 2006, 1 hereby certify that I have served the within document upon counsel of record by sending a true and correct copy of the same to them 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 and Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Attorneys for Defendant HANDLER, HENNING & ROSENBERG, LLP ?'?Yl QTl ?0. 1 A No M Maria Wells, Legal Secretary to Jason C. Imler "' 1 C 4a c? _ r' n - c._, --,... -n ` ? .,_._ , :1 ?_ _?, u? f- '? (.i ll C5 •, i l] , SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01698 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PARISER ISHWOREE VS EDGINGTON JOSHUA K ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT EDGINGTON ANN D but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT EDGINGTON ANN D 2 STRAYER CARLISLE DEFENDANT HAS BEEN DECEASED FOR OVER A YEAR. Sheriff's Costs: So answers: Docketing 6.00 Service 00 i Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 L?- HANDLER HENNING ROSENBERG 04/03/2006 Sworn and subscribed to before me this J9? day of ab'4 A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARISER ISHWOREE VS EDGINGTON JOSHUA K ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EDGINGTON DEFENDANT the at 1446:00 HOURS, on the 31st day of March , 2006 at 39 SOUTH EAST STREET CARLISLE, PA 17013 by handing to JOSHUA EDINGTON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 p 8.80 .39 10.00 R. Thomas Kline 00 37719 04/03/2006 HANDLER HENNING ROSENBERG Sworn and Subscribed to before go me this /9` day of , 2oo(r A.D. By: Deputy Sheriff 917 Prothonotary Y ' r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ISHWOREE PARISER, CIVIL DIVISION Plaintiff, NO. 06-1698 V. STIPULATION FOR REMOVAL OF JOSHUA K. EDGINGTON and DEFENDANT, ANN D. EDGINGTON ANN D. EDGINGTON, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14520 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ISHWOREE PARIS-ER, CIVIL DIVISION Plaintiff, V. NO. 06-1698 JOSHUA K. EDGINGTON and (Jury Trial Demanded) ANN D. EDGINGTON, Defendants. STIPULATION OF REMOVAL OF DEFENDANT ANN D. ED-GINGTON AND NOW COMES the Defendants, Joshua K. Edgington and Ann D. Edgington, by and through their attorneys, Summers, McDonnell, Hudock, Guthrie & Skeep,L.L.P. and Kevin D. Rauch, Esquire, and files the following Stipulation. The undersigned parties hereby Stipulate and agree that Ann D. Edgington, deceased, is dismissed from the above-captioned case with prejudice. The case caption will now read Ishworee Pariser v. Joshua K. Edgington. Respectfully submitted, By: - Al son I , Esquire Handler, Henning & Rosenberg Counsel for Plaintiff 1, 9,1 . A /,,& By: //Ot4a LA.Onfi,,44- - Summers, Mc onnell, Hudock, Guthrie & Skeel, LLP Kevin D. Rauch, Esquire Counsel for Defendant r_ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing STIPULATOIN FOR REMOVAL OF DEFENDANT, ANN D. EDGINGTON has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this l day of . '2007. Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. 60VZ,,,A l Kevin D. Rauch, Esquire Counsel for Defendants Ya ? ?7 ISHWOREE PARISER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1698 JOSHUA K. EDGINGTON and ANN D. EDGINGTON, DEFENDANTS PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appearance of the undersigned counsel for the Plaintiff in the above-captioned matter. HANDLER, HENNING AND ROSENBERG LLP Dated U- ?-(ng BJason C. mler, Esq. I.D. #87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 rv Q CC) ? ra ? ISHWOREE PARISER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1698 JOSHUA K. EDGINGTON and ANN D. EDGINGTON, DEFENDANTS PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Andrew C. Spears, Esquire of Handler, Henning & Rosenberg, LLP on behalf of the Plaintiffs in the above-captioned action. HANDLER, HENNING & ROSENBERG, LLP Date: t- By: - C? Andrew C. Spears, Esquire Attorney I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Cl, CO ..L??:... t t:: E3 ] P Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax: (717) 233-3029 E-mail: HELD(a__hhrlaw.com ISHWOREE PARISER, Plaintiff, V. JOSHUA K. EDGINGTON and ANN D. EDGINGTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1698 - Civil Term CIVIL ACTION - LAW Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, Date: ?] Q HANDLER, HENNING & ROSENBERG, LLP By: CU ?'L_ Andrew C. Spears, Esquire I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Spears, attorney for Plaintiff Ishworee Pariser, hereby certify that I have served the foregoing Complaint by first class mail, postage pre-paid on the day of July 2008, upon the following: Mr. Erick V. Violago, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Carol A. Chiodo State Farm Insurance Company 555 Southpointe Blvd., Suite 400 Canonsburg, PA 15317-8592 Date: Ov Andrew C. Spears, Esquire Attorney for Plaintiff ?y ?a r-` __? ? ` . ?..._ y ? ?.ew -':'} ?. . ? .?