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HomeMy WebLinkAbout06-6609 ~ SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE J.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff AMANDA YEAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plain tiff CIVIL ACTION - LAW V. KATHERINE A. CARROLL and LENA T. FORTINI, Defendants NO. CJ.., -1.,1,()? c,o~L I€fl-Wl. JURY TRIAL DEMANDED 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 Plain tiff. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: (717) 249-3166 (800) 990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demand as expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: (717) 249-3166 (800) 990-9108 SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff AMANDA YEAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. KATHERINE A. CARROLL and LENA T. FORTINI, Defendants NO. O~- to (, tJ9 CtvJ ~ JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Amanda Yeager, by and through her attorneys, SCHMIDT KRAMER PC, and respectfully set forth as follows: 1. Plaintiff, Amanda Yeager, is an adult individual currently residing at 5223 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant Katherine A. Carroll is an adult individual currently residing at 9 Willow Street, Marysville, Perry County, Pennsylvania. 3. Lena T. Fortini is an adult individual currently residing at 12 Golfview Road, Camp Hill, Cumberland County, Pennsylvania, 17050. 4. The facts and occurrences hereinafter stated took place on or about April 8, 2005 on the Harrisburg Pike, Route 4020, in Manheim Township, Lancaster County, Pennsylvania. 5. At the aforementioned time and place, Plaintiff, Amanda Yeager, was a passenger in a 1994 Saturn being operated by Katherine A. Carroll. 6. At the aforementioned time and place, Katherine A. Carroll was driving the Saturn with the permission of the daughter of its owner, Lena T. Fortini. 7. At the intersection of Harrisburg Pike and Race Avenue, Defendant Katherine A. Carroll made a left turn into oncoming traffic while attempting to enter a parking area and caused a collision between the Saturn and another vehicle 8. The collision between the vehicles caused the injuries to Plaintiffs set forth below. COUNT I AMANDA YEAGER v. KATHERINE A. CARROLL NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused by the negligence and carelessness of Defendant Katherine A. Carroll and was in no way caused or contributed to by the Plaintiff. 11. The negligence and carelessness of Defendant Katherine A. Carroll consisted of the following: a. Failure to yield right of way to oncoming traffic; b. Negligently attempting a left hand turn; c. Inattentiveness; 2 d. Failure to observe the oncoming automobile lawfully on the roadway; e. Failure to operate the Saturn in accordance with existing traffic conditions and traffic control devices; f. Operating the Saturn at such a speed and in such a manner such as to create a dangerous condition for others lawfully on the roadway; and g. Violations of the Pennsylvania Motor Vehicle Code at 75 Pa. C.S. ~ 3322-23 for failing to yield the right of way to a vehicle approaching the intersection from another direction so closely as to as to create a hazard when the driver is moving across or within the intersection. 12. As a direct and proximate result of the negligence and accident, Plaintiff, Amanda Yeager, suffered serious injuries requiring surgery and that are believed may be permanent, which include the following: a. internal derangement of the left knee; b. Injury to left lateral meniscus; c. left knee synovitis; d. adhesions; and e. damage to associated muscles, nerves, ligaments and tendons 13. As a direct and proximate result of the negligence and accident, Plaintiff, Amanda Yeager, has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 14. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has been 3 advised and therefore avers that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 15. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 16. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 17. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 18. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has suffered a loss of earnings and an impairment of her earning power and capacity, and thus, a claim for these losses past and future is made. WHEREFORE, Plaintiff, Amanda Yeager, demands judgment of Defendant Katherine A. Carroll in an amount in excess of the amount requiring compulsory arbitration. 4 COUNT II AMANDA YEAGER v. LENA T. FORTINI NEGLIGENT ENTRUSTMENT 19. Paragraphs 1 through 18 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 20. The accident was caused by the negligence and carelessness of Defendants and was in no way caused or contributed to by Plaintiff. 21. The negligence and carelessness of Defendant Lena T. Fortini consisted of allowing Defendant Katherine A. Carroll to drive the Saturn when she knew and/ or should have known of Katherine A. Carroll's lack of driving experience, propensity to drive carelessly, inability to control her vehicle, and state of intoxication. 22. As a direct and proximate result of the negligence and accident, Plaintiff, Amanda Yeager, suffered serious injuries requiring surgery and that are believed may be permanent, which include the following: a. internal derangement of the left knee; b. injury to the left lateral meniscus; c. left knee synovitis; d. adhesions; and e. damage to associated muscles, nerves, ligaments, and tendons. 23. As a direct and proximate result of negligence and the accident, Plaintiff, Amanda Yeager, has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 5 24. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has been advised and therefore avers that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 25. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 26. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 27. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 28. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff, Amanda Yeager, has suffered a loss of earnings and an impairment of her earning power and capacity, and thus, a claim for these losses past and future is made. 6 WHEREFORE, Plaintiff Amanda Yeager demands judgment of Defendant Lena T. Fortini in an amount in excess of the amount requiring compulsory arbitration. SCH By: Charles E. Schmidt, Attorney J.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: ;(,6v< ~ Jrf)(p I 7 , ' VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, AMANDA YEAGER, verify that I am the Plaintiff in this action and that the foregoing Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsifications made to authorities. . . \..... r, . " 'l :j.~.I..'JJ::>.];I' . ::v \t -- ~ ~ '-.J ~ " (J "Q. 1. ~ ~ ~ ~ ~ $ ~ t:::.~" .~:.~ ;) (J 0'" II :7"'" <.:5 ::;:1 ....<:: nl :rJ r"'" ~C1 C~.-.: Ul ,_."" '"T) ::1: '::) Q ~'-~) SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR, ESQUIRE J.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidttlUschmidtkramer.com Attorneys for Plaintiffs AMANDA YEAGER, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATHERINE A. CARROLL and LENA T. FORTINI, Defendants NO: 06-6609 CIVIL JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the Complaint in the above-referenced action which was originally filed on November 15, 2006. Respect~lly submitted, /t SCH"Itt E~ PC (01 ' '7 ,/' I r (< f)- ""'-'~ c .~-Y.; ., Esquire By: Charles E. Schmidt, Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: D~..s a.OoCo I /""-.) = = 0"' ~ .., c-> I co o -n ~:n r- -om ~.'Jo >:').{ :;:iSr2 ~.~~ 5n"1 ::r;! "''0 :=< ~ :::I: '-E :- Ul ~-. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA YEAGER, Plaintiff CIVIL ACTION - LAW v. NO. 06-6609 KATHERINE A. CARROLL and LENA T. FORTINI, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO P A.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants, Katherine A. Carroll and Lena T. Fortini, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Date: January 2, 2007 By: MICH L B. S HEIB, S U Supreme Court I.D. No. 63868 110 South Northern Way York, P A 17402-3737 Attorney for Defendants, Katherine A. Carroll and Lena T. Fortini r" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA YEAGER, Plaintiff CIVIL ACTION - LAW v. NO. 06-6609 KATHERINE A. CARROLL and LENA T. FORTINI, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2nd day of January, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Charles E. Schmidt, Jr., Esquire Schmidt Kramer PC 209 State Street Harrisburg, PAl 71 0 1 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By::J/~JJJ M CHAEL B. SCHEIB, ESQUIRE Supreme Court LD. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Katherine A. Carroll and Lena T. Fortini 2 ~ -oL1J rt1(T: -;7 '..l,~ ~r'7 i:f!,tO, ~("; ":r.; C !::= C't --,..?C" ., .z ~ ~ i::Q 15~ ~ ~~ c..:t ~ .' o ~ ....l ~ c;::. c- ~ , &" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA AMANDA YEAGER, Plaintiff CIVIL ACTION - LAW v. NO. 06-6609 KATHERINE A. CARROLL and LENA T. FORTINI, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Amanda Yeager c/o Charles E. Schmidt, Jr., Esquire Schmidt Kramer PC 209 State Street Harrisburg, P A 17101 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: January 11,2007 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By::k~jJJ MIC A L B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Katherine A. Carroll and Lena T. Fortini IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA YEAGER, Plaintiff CIVIL ACTION - LA W v. NO. 06-6609 KATHERINE A. CARROLL and LENA T. FORTINI, Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS. KATHERINE A. CARROLL AND LENA T. FORTINI AND NOW, come the Defendants, Katherine A. Carroll and Lena T. Fortini, by and through their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and respond to the allegations of Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 1 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted in part and denied in part. Ms. Carroll does not reside in Marysville, Perry County, Pennsylvania. She resides in Waynesboro, Pennsylvania. 3. Admitted. The correct zip code is 17011. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 7 of Plaintiffs Complaint, and the same are denied and strict proof thereof is demanded. 8. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 8 of Plaintiffs Complaint, and the same are denied and strict proof thereof is demanded. COUNT I AMANDA YEAGER v. KATHERINE A. CARROLL NEGLIGENCE 9. Paragraphs 1 through 8 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 10. Denied. This paragraph states a legal conclusion to which no response IS required. II. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary and at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 12. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 12 of Plaintiffs Complaint, and the same are denied and strict proof thereof is demanded. 2 13. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 13 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 14 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 15 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 16 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 17. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations, are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the 3 truth or veracity of the allegations set forth in paragraph 17 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 18. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 18 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Katherine A. Carroll respectfully requests this Honorable Court to enter judgment in her favor, together with the cost of this lawsuit. COUNT II AMANDA YEAGER v. LENA T. FORTINI NEGLIGENT ENTRUSTMENT 19. Paragraphs I through 18 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 20. Denied. This paragraph states a legal conclusion to which no response IS required. 21. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary and at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 22. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 22 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 4 23. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 23 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 24. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 24 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 25. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 25 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 26. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 26 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 27. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the 5 truth or veracity of the allegations set forth in paragraph 27 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 28. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 28 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Lena T. Fortini respectfully requests this Honorable Court to enter judgment in her favor, together with the cost ofthis lawsuit. BY WAY OF FURTHER DEFENSE: NEW MATTER 29. Paragraphs 1 through 28 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 30. Plaintiffs recovery, if any, may be barred or limited by the Pennsylvania Motor Vehic1e Financial Responsibility Law. 31. Plaintiffs recovery, if any, may be barred or limited by a limited tort selection. 32. Plaintiffs injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 33. Plaintiffs injuries, if any, were caused or contributed by her own conduct and/or contributory negligence. 34. Plaintiff, Amanda Yeager, last treated for her knee injury on March 22,2006. 35. Plaintiff, Amanda Yeager, has not sought any medical treatment for her knee since March 22, 2006. 6 36. Plaintiff Amanda Yeager has not sought any medical treatment for any accident- related injuries since March 2006. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in their favor, together with the cost of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Date: January 11,2007 By: 1/;M is lJJ MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Katherine A. Carroll and Lena T. Fortini 7 VERIFICATION I, Katherine A. Carroll, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. S 4904 related to unsworn falsifications to authorities. Date:_l J \ 0 I ,2007 _K~ O. Cbul~O Katherine A. Carroll VERIFICATION I, Lena T. Fortini, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. ~ 4904 related to unsworn falsifications to authorities. Date: () I / l 0 I 07t, ,2007 j~A~ Lena T. Fortini .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA YEAGER, Plaintiff CIVIL ACTION - LA W v. NO. 06-6609 KATHERINE A. CARROLL and LENA T. FORTINI, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11th day of January, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter of Defendants, Katherine A. Carroll and Lena T. Fortini, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Charles E. Schmidt, Jr., Esquire Schmidt Kramer PC 209 State Street Harrisburg, P A 17101 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: 1J{M~ MICHAEL B. SCHEIB, ESQUIRE Supreme Court J.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Katherine A. Carroll and Lena T. Fortini (') s; -:;:-..... -nlJ; t"':~ f \ " '''~7'' .... . _"0;'" ~:('~> r:: L ~~~~~ (h') 5'!~! ?; .,..( ,...:) ~ ':3 <- ,::>0' ::;0::: N """ ::;: <i! - ~ ~~ rn~ -erG :09 qo ~ ...... ::1: -n 0(') ?:; tl\ ~ 2E ;.:;.c::, N SHERIFF'S RETURN - REGULAR CASE NO: 2006-06609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YEAGER AMANDA VS CARROLL KATHERINE A ET AL FORTINI LENA T the - - - - - - - ,- - . ..... - - .- .- MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEFENDANT , at 1912:00 HOURS, on the 6th day of December, 2006 at 12 GOLFVIEW ROAD CAMP HILL{ PA 17011 by handing to LEANA FORTINI a true and attested copy of COMPLAINT & NOTICE together with - and at the same time directing Her attention to the contents thereof. -- - - - .- - .... - - .- Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 0" \' \\'J ~ or.; 6.00 13.20 .00 10.00 .00 29.20 ~~ R. ThCKline Sworn and Subscibed to 12/18/2006 SCHMIDT KRAMER By, ~Lf!-Q before me this day of A.D. - - - - - - ,- - ,- SHERIFFIS RETURN - OUT OF COUNTY CASE NO: 2006-06609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YEAGER AMANDA VS CARROLL KATHERINE A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being - -r. and inquiry for the within named DEFENDANT , to wit: - - - - - - ~ - - .- duly sworn according to law, says, that he made a diligent search and CARROLL KATHERINE A but was unable to locate Her in his bailiwick. He therefore .,- deputized the sheriff of PERRY County, pennsylvania, to serve the within COMPLAINT & NOTICE On December 18th, 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County Postage 18.00 9.00 10.00 31.80 1. 02 69.82 "7 12/18/2006 SCHMIDT KRAMER s~~ R. Thomas Kl e Sheriff of Cumberland County - - - Sworn and subscribe to before me - - - - ~ - - - .- day of this A.D. - - - - - - In The Court of Common Pleas of Cumberland County, Pennsylvania Amanda Yeager VS. Katherine A. Carroll No. 06-6609 civil N November 16, 2006 ow, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2006-6609 Cumberland County Amanda Yeager VS Katherine A. Carroll 9 Willow St. Marysville, P A 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Katherine A. Carroll, but was unable to locate him/her in his bailiwick. He therefore returns the within Notice & Complaint, for the above named Defendant(s) Katherine A. Carroll at 9 Willow St. Marysville, P A 17053, NOT FOUND. THIS IS PARENTS ADDRESS. MOVED TO 12137 BLUE RIDGE CT. WAYNESBORO. PA 17268(FRANKLIN COUNTY). SZlr ~ Sworn and subsc~~e me thisJ/jt- day of t , 2006. ~~~~ Carl E. Nace Sheriff of Perry County NOTARIAL SEAL M"RG"ltET F. FLICKINGER, NOTARY PUBUC BLOOMFIELD BORD.. PERRY COUNTY MY COMMISSION EXPIRES FEB. 16,2008 SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE J.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt@schmidtlcramer.com Attorneys for Plaintiffs AMANDA YEAGER, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATHERINE A. CARROLL and LENA T. FORTINI, Defendants NO: 06-6609 CIVIL JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END PLEASE mark the above-captioned action settled, discontinued and ended, with prejudice. SCH By: \ Charles E. Schmidt, Jr. I.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs DATE: !!J{[<JOI (") c: ;;.:: vcri f"flrn Z.~_~,! Z".. 01;;, ;;:;c ~~ ~ ,...,., ~ <::t -.I :B: > ::::0 N (:) > :x \f? N (..) ~ ~ ~~-n .'0 () ::J -I...,. :;r;: .,.{ \..-' (") 2m ~ ~ -' , ~C!SE NO: 2006-06609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERIFF'S RETURN - OUT OF COUNTY YEAGER AMANDA VS CARROLL KATHERINE A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CARROLL KATHERINE A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 31st , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 18.00 9.00 10.00 46.77 1.74 85.51 ,,/ 01/31/2007 SCHMIDT KRAMER ~... R. Thomas Kline~ Sheriff of Cumberland County '</14t 1 C)- Sworn and subscribe to before me this day of A.D. ... . .' ~ InrThe Court of Common Pleas of Cumberland County, Pennsylvania Amanda Yeager vs. Katherine A. Carroll No. 06-6609 civil Now, December 12, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this W nt, this deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cum berland County, P A Please nail return of se:rvice to Cunberland County Sheriff. Thank you. Affidavit of Service Il_ ' Now, \.lI!-NUt4-(U.j 4- ,20~ at q: sn o'clock P M. served the within COUPLAtNT EN C'VtL A-cn~ upon {.(I4-n-WuNl!- A, &~t.-L at (2./31 l?~LU~ !Cf06fE- Gurer WM{I\I~B<<U? ( pit 17U( . by handing to kA--TI-4Mfo-iE. 4. ~VLtLOL'- ..--- a I flu E +- A-11U (?J> and made mown to f/.-e ~ copy of the original COM PLMtU "( the contents thereof. So answers, tI~h~ -- De-P. Sheriff of . County, PA Sworn and subscribed before me this 2ft, 1# day of J MlJ ~ 20& /b~ ~~~ ~'~ Notarial seal Richard O. McCarty, Notary Public Chambersburg Born, Franklin County My Commission Expires Jan. 29, 2007 COSTS SERVICE MILEAGE AFFIDAVIT $ $