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HomeMy WebLinkAbout06-7172RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BILLI JO DELELLIS and DAVID M. DELELLIS 422 Lafayette Street Enola, PA 17025, Plaintiffs V. ROBERT L. WAGNER, III 792 Lancaster Avenue Enola, PA 17025, Defendant NO. c)j CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action against Defendant. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff. Date Richard F. Maffett, Jr , Esq. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. ?_ ?? oZ,C3lj? Dated: L?ru?r lll? INN r fi CV N b d C? t.` cI N ctD Cn cr+ L:7 C'3 cs? -rI -?1 rI { SHERIFF'S RETURN - REGULAR CASE NO: 2006-07172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DELELLIS BILLI JO ET AL VS WAGNER ROBERT L III SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WAGNER ROBERT L III the DEFENDANT , at 1923:00 HOURS, on the 28th day of December , 2006 at 792 LANCASTER AVENUE ENOLA, PA 17025 ROBERT WAGNER JR, FATHER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Postage .39 Surcharge 10.00 .00 Sworn and Subscibed to before me this day of , So Answers: ?r?-? ZR. Thomas Kline 01/02/2007 RICHARD MAFFE R 4- By. Depu y Sheriff A.D. I 1 Aug. 21, 'Zi1107 ! ):91AM _AW 0- 'I C' ES P RICHARD F. MAFFETT, JR., ESQUIRE Attorney I.D. #35539 2201 North Second Street Harrisburg. PA 17110 (717) 233-4160 Attorneys for Piaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CONY, PENNSYLVANIA \0, 966 F. 2/ 2 .........; .............. .................................... ......................... ---- ............ BILLI JO DELELLIS and DAVID M. DELELLIS, ;NO. 06 - 7172 Civil Term plaintiffs v CIVIL ACTION - LAW ROBERT L. WAGNSR, III, ,JURY TRIAL DEMANDED Defendant ...: ...................... ............................................... .................. .................. NOTICE YOU HAVE BEEN SURD 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(s). You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 600-990-9108 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ............................................. BILLI JO DELELLIS and DAVID M. DELELLIS, :NO. 06 - 7172 Civil Term Plaintiffs v :CIVIL ACTION - LAW ROBERT L. WAGNER, III, Defendant :JURY TRIAL DEMANDED ............................................................................................................: COMPLAINT AND NOW, this 200, day of August, 2007, comes the Plaintiffs, BILLI JO DELELLIS and DAVID M. DELELLIS, by their attorney, Richard F. Maffett, Jr., Esquire, and respectfully represent the following: 1. Plaintiff, Billi Jo DeLellis, is an adult individual who currently resides at 422 Lafayette Street, Enola, Cumberland County, PA, 17025. 2. Plaintiff, David M. DeLellis, is an adult individual who currently resides at 422 Lafayette Street, Enola, Cumberland County, PA, 17025. 3. Defendant, Robert L. Wagner, III, is an adult individual who currently resides at 792 Lancaster Avenue, Enola, Cumberland County, PA, 17025. 4. On December 21, 2005, at about 4:45 p.m., Plaintiff Billi Jo DeLellis was driving her vehicle on 21st Street, in Camp Hill, Cumberland County, PA. 5. At the same time, Defendant Robert L. Wagner, III, was also driving his automobile on 21St Street, in Camp Hill, Cumberland County, PA, to the rear of Plaintiff Billi Jo DeLellis' vehicle. 6. At the aforesaid time and place, traffic stopped, causing Plaintiff Billi Jo DeLellis to stop her vehicle, but Defendant failed to stop his auto, causing the front of Defendant's car to strike the rear of Plaintiff Billi Jo DeLellis' vehicle, as a result of all of which, Plaintiff Billi Jo DeLellis suffered severe physical injury. 7. As a direct and proximate result of the aforesaid collision, Plaintiff Billi Jo DeLellis suffered injuries including, but not limited to, the following: a. cervical sprain/strain; b. concussion; C. thoracic sprain/strain; d. lumbar sprain/strain; and, e. aggravation of cervical degenerative disc disease. 8. As a result of the injuries she received from the aforesaid collision, Plaintiff Billi Jo DeLellis has incurred in 2 the past, and will incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 9. As a further result of the aforesaid collision, Plaintiff Billi Jo DeLellis suffered a loss of earnings, and permanent impairment of her earning capacity and power, and claim is made therefore. 10. As a further result of the aforesaid collision, Plaintiff Billi Jo DeLellis has suffered permanent diminution of her ability to enjoy life and life's pleasures. 11. As a result of the injuries she received from the aforesaid collision, Plaintiff Billi Jo DeLellis has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 12. As a direct and proximate result of the aforesaid collision, Plaintiff Billi Jo DeLellis has incurred other financial expenses and/or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. Defendant Robert L. Wagner, III, owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate his automobile in such a way as not to cause harm or 3 damages to said other persons, and to Plaintiff Billi Jo DeLellis in particular. 14. The collision and all of the injuries and damages to Plaintiffs herein related are the direct result of the careless, reckless, and negligent manner in which Defendant operated his automobile as follows: a. failing to properly observe other traffic, and acting without due regard for the position of the other vehicles on the roadway, including Plaintiff's vehicle; b. traveling too fast for conditions, in violation of 75 P.S. 3361; C. failing to maintain adequate control over his vehicle; d. failing to yield the right of way on the roadway; e. failing to apply his brakes in time to avoid striking Plaintiff's vehicle; and, f. following Plaintiff's vehicle too closely. WHEREFORE, Plaintiff, BILLI JO DELELLIS demands judgment against Defendant, ROBERT L. WAGNER, III, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of 4 i interest and costs, and in excess of any jurisdictions amount requiring compulsory arbitration. COUNT 2• 15. Plaintiffs incorporate by reference the averments of Paragraphs 1 through 14 above as fully as though herein set forth at length. 16. Plaintiffs Billi Jo DeLellis and David M. DeLellis are husband and wife. 17. As a result of Defendant's negligence as set forth above, resulting in injuries to Plaintiff Billi Jo DeLellis as detailed above, Plaintiff David M. DeLellis has been deprived of the consortium, assistance and society of his wife, Blli Jo DeLellis, all of which has been to his great damage and loss. WHEREFORE, Plaintiff DAVID M. DELELLIS demands judgment against Defendant ROBERT L. WAGNER, III, in an amount in excess of Thirty-Five Thousand ($35,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, I I It-L-A Richard F. Maffett,i ii., Esq. 5 VERIFICATION I, BILLI JO DELELLIS, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: '8 111I0-?- BILLI JOdDELELLIS,' Plaintiff VERIFICATION I, DAVID M. DELELLIS, have read the foregoing Complaint and hereby affirm that it is true and correct to the bestl,,of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 1$ Pa. C.S.A. §4904. Dated: 0?-11-2007 DAVID M. DELELLIS,'Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that he served ? true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid, addressed as follows: ROBERT L. WAGNER, III 792 Lancaster Avenue Enola, PA 17025 U? Dated: fl-/ ??7 Richard F. Maffet r., Esq. ? ,,? C-w, ? .-? --s-? C" ??? .Wt ...t- ? ti,_ ?,.? .. . -. : _; - ?4Ft ?,+ -Y .? ? -/? P-- Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-6,109 (717) 761-4540 jjs@jdsw.com BILLI JO DELELLIS and DAVID M. DELELLIS, Plaintiffs V. ROBERT L. WAGNER, III, Defendant Attorneys for Defench nt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7172 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER THE Ap earance of the undersigned on behalf of the Defendant, Robert L. Wagner, III in the above-captioned matter. JO N, DUFFIE, STEWART4 .WEtDNER Pefferson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.corn Date: R ?U? Attorneys for Defendant .- ra CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on _ Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART, & WEtDNER 309169 P.O. Box 109 Lemoyne, PA 17043` Attorneys for Defendant c T. m f t ?a Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Us@jdsw.com Attorneys for Defendant BILLI JO DELELLIS and DAVID M. IN THE COURT OF COMMON PLEAS OF DELELLIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 06-7172 CIVIL TERM ROBERT L. WAGNER, III, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiffs YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days. DUFFIE, STEWART & WEIDNER DATE: R1/.3-/-0 17 J. Shiprrfan, Esquire for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com BILLI JO DELELLIS and DAVID M DELELLIS, Plaintiffs V. ROBERT L. WAGNER, III, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7172 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Robert L. Wagner, III, by and through his counsel, Jefferson J. Shipman, Esquire, and Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter in response to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted only that there was contact between the vehicles. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 6 and the same are therefore denied and strict proof demanded at the time of trial. 7. Denied. The averment contained in Paragraph 7 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 7, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 8. Denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 and the same are therefore denied and strict proof demanded at the time of trial. 9. Denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. 11 Denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. The averments contained in Paragraph 12 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 12 and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. The averments contained in Paragraph 13 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 13 and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. The averments contained in Paragraph 14, and subparagraphs a. through f., are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a. Denied. It is specifically denied that Mr. Wagner failed to properly observe other traffic and acted without due regard for the position of the other vehicles on the roadway, including Plaintiffs vehicle; b. Denied. It is specifically denied that Mr. Wagner was traveling too fast for conditions, allegedly in violation of 75 Pa. C.S.A. §3361; C. Denied. It is specifically denied that Mr. Wagner failed to maintain control over his vehicle; d. Denied. It is specifically denied that Mr. Wagner failed to yield the right-of-way on the roadway; e. Denied. It is specifically denied that Mr. Wagner failed to apply his brakes in time to allegedly avoid striking Plaintiff's vehicle; and f. Denied. It is specifically denied that Mr. Wagner was following Plaintiffs vehicle too closely. WHEREFORE, the Defendant, Robert L. Wagner III, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT 2 15. The answering Defendant, Mr. Wagner, incorporates herein by reference his answers to Paragraphs 1 through 14 above as though fully set forth herein at length. 16. Denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied. 17. Denied. The averments contained in Paragraph 17 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mr. Wagner is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 17 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Robert L. Wagner III, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 18. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 19. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and by the Limited Tort Option. 20. That the Plaintiffs alleged cause of action may have been caused by an intervening superceding cause. 21. That if it should be found that there was any negligence on the part of Mr. Wagner, which negligence is specifically denied, then in that event any such.negligence was not a proximate cause, nor factual cause, of any harm to the Plaintiffs. 22. That the Plaintiffs may have failed to mitigate their damages. 23. That the Plaintiffs alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 24. That the Plaintiffs alleged injuries may have been pre-existing. WHEREFORE, the Defendant, Robert L. Wagner, III, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER J fferson J. Ship an, Esquire I.D. #: 51785 Attorneys for Defendant VERIFICATION I, Robert L. Wagner, III, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Robert L. W er, III DATE: 67-11-a 7 309510 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on V/wo I I 'r Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attomey for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By '10z'7-A?A -AAA) Jeffe on . Shipman, squire I.D. 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 309455 ' 4R trTF (F # V ..................................................................................................... BILLI JO DELELLIS and DAVID M. DELELLIS, Plaintiffs V ROBERT L. WAGNER, III, Defendant ....................................................................................................: IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA NO. 06-7172 CIVIL CIVIL ACTION - LAW Rule 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard F. Maffett, Jr., Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $50,000.00 The counterclaim of the defendant in the action is N/A. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Richard F. Maffett, Jr., Esquire; Jefferson J. Shipman, Esquire; Johnson, Duffle, Stewart & Weidner, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Dated: Richard F. Maffett, Jr., squir ORDER OF COURT AND NOW, , 2008, in consideration of the foregoing Petition, Esq., , Esq., and Esq., are appointed arbitrators in the above-captioned action as prayer for. By the Court, P.J. V 4 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiffs ..................................................................................................... BILLI JO DELELLIS and DAVID M. :::IN THE COURT OF COMMON PLEAS DELELLIS, ::CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-7172 CIVIL v :CIVIL ACTION - LAW ROBERT L. WAGNER, III, Defendant ...................................................................................................: CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the Petition For Appointment of Arbitrators filed in the above-captioned matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: Richard F. Maffett, Jr., squire -P a J?r cn < ta, a .................................................................................................... . BILLI JO DELELLIS and DAVID M. DELELLIS, Plaintiffs V ROBERT L. WAGNER, III, Defendant ....................................................................................................: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7172 CIVIL CIVIL ACTION - LAW Rule 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard F. Maffett, Jr., Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $50,000.00 The counterclaim of the defendant in the action is N/A. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Richard R Maffett. Jr.. Esquire: Jefferson J. Shipman. Esquire: Johnson, Duffle. Stewart & Weidner, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Dated: Richard F. Maffett, Jr., s"q"uire ORDER OF COURT AND NOW, !/ , 2008, in consideration of the foregoing Petition, Esq., Esq., and Q_ `jgj,,SG Esq., are appointed arbitrators ' a o -captioned action as prayer for. P.J. N ti-- Y5 IJ 1 {i l - ?74 ?i g t,? V 13 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... BILLI JO DELELLIS and DAVID M. ':IN THE COURT OF COMMON PLEAS DELELLIS, :CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs NO. 06-7172 V :CIVIL ACTION - LAW JURY TRIAL DEMANDED ROBERT L. WAGNER, III, Defendant ......................................................................................................: PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, this ',jA day of jAy ,., , 2008, comes the Plaintiffs, BILLI JO DELELLIS and DAVID M. DELELLIS, by her attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represent the following: 18. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer it is denied that Plaintiffs' claims are barred in any way by the Pennsylvania Comparative Negligence Act. 19. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiffs selected the limited tort option. Plaintiffs selected the full tort option and their causes of action are not barred in any way by the Pennsylvania Motor Vehicle Financial Responsibility Law. F 20. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that any of Plaintiffs' damages were caused by an intervening superceding cause. Plaintiffs' damages were caused entirely by the negligence of Defendant. 21. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, Defendant's negligence was proximate, factual, and the only cause of the harm to Plaintiffs. 22. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that Plaintiffs failed to mitigate their damages. 23. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, Plaintiffs causes of action were caused solely by Defendant and not by any other third party or entity. 24. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, none of Plaintiff's injuries were pre-existing. WHEREFORE, Plaintiffs BILLI JO DELELLIS and DAVID M. DELELLIS demand judgment in their favor and against Defendant, 2 dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, V? Richard F. Maffett, Jr., Esq i 1 VERIFICATION I, RICHARD F. MAFFETT, JR., ESQUIRE, have read the foregoing Plaintiff's Reply To New Matter Of Defendant and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: ?j/?1/ Og d, Richard F. Maffett r. Esq. I' CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire. Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Dated: U q ," J, Richard F. Maffet , Jr. Esq. N w -r? ? c_ '5 l - r -' W ID c' _. f l Co c ' t N BILLIE JO DELELLIS and DAVID M. DELELLIS, Plaintiffs ROBERT L. WAGNER. III Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.0_- 7172 CrVIL Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commo ealth and that we will discharge the ties of our office with fidelity. gnature igna Signature James D. Flower, Jr. Lesley J. Bean Edmund J. Bercfer Name (Cbairnm) Name Name Saidis, Flower & LindsayKope & Associates Law Firm 26 W sc;t- Fjgh StrPPt Address Law Firm 46en Tg nil . Road Address Suite 201 Carlisle, PA 17013 City, Zip Camp Hill, PA 17 011 City, zip Berger Law Firm Law Firm 2104 Afarkat St-raat Address Camp Hill, PA 17011 City, zip /07- L1.2 q Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable, Date of Hearing: (C Date of Award: - - QT{ Notice of'Entrv of Award Now, the k4t-, day of 90 r4- 20D g , at j -' A/ Y , ?-.M., the above award was entered upon the docket and notice th f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal 1117, roth otary $3So. A%n. By: Deputy S .Y- J V (I- V N CC> 3 co -,.: BILLI JO DELELLIS and DAVID M DELELLIS, Plaintiffs V. ROBERT L. WAGNER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-7172 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied and discontinued with prejudice. Respectfully submitted, Richard F. Maffett, Jr., it Attorney I.D. No. 3553 2201 North Second Street Harrisburg, PA 17110 Telephone (717) Attorneys for Plaintiffs Date: "`' ` a "? ? ? =, °..??