DEIULIIS et al v. BOY SCOUTS OF AMERICA NATIONAL COUNCIL

Filing 7

DEIULIIS et al v. BOY SCOUTS OF AMERICA NATIONAL COUNCIL

Doc. 7

Case 2:05-cv-01077-DWA

Document 7

Filed 09/29/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

NICOLA DEIULIIS, a minor, by his guardian, ANNETTE DEIULIIS, and

) )
)

ANTTE DEIULIIS in her own right,
Plaintiff,
v.

) ) )
) No.

2005-01077

BOY SCOUTS OF AMERICA NA TIONAL COUNCIL,
Defendant.

) ) )
)

)

ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Boy Scouts of America, by and through their

attorneys, Bums, White & Hickton, LLC and David B. White, Esq. and Mark E. Schweers, Jr,
Esq. and files the following Answer and Affirmative Defenses to Plaintiffs' Complaint:

1. The Defendant admits that the Plaintiffs are citizens of Pennsylvania. Defendant
admits that the Boy Scouts of America has its principal place of

business within the State of

Texas. Defendant is without knowledge and information sufficient to form a belief as to the
truth of the remaining averments contained in paragraph 1.

2. Denied.
3. Defendant is without knowledge and information suffcient to forn1 a belief as to
the truth of

the averments contained in paragraph 3.

4. Defendant is without knowledge and infonnation suffcient to forn1 a belief as to

the truth of the averments contained in paragraph 4.

5. Denied.

Dockets.Justia.com

Case 2:05-cv-01077-DWA

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WHEREFORE, Defendant, Boy Scouts of America denies that it is liable to the Plaintiffs and request the Plaintiffs' Complaint be dismissed and that judgment be entered in its favor,

together with costs and disbursements, including attorney's fees and other such future relief as
this Court deems just and proper.

FIRST AFFIRMATIVE DEFENSE
Plaintiffs' Complaint fails to state a claim against the Defendant, Boy Scouts of America, upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE
Plaintiffs' Complaint fails to state a cause of action against the Defendant, Boy Scouts of
America.

THIRD AFFIRMATIVE DEFENSE
Plaintiffs' claims are bared by any and all applicable statutes oflimitations.

FOURTH AFFIRMATIVE DEFENSE
This Court has no personal jurisdiction over this Defendant.

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Case 2:05-cv-01077-DWA

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Filed 09/29/2005

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FIFTH AFFIRMATIVE DEFENSE
To the extent established through discovery, the damages and injuries sustained by
Plaintiff were caused by the negligent acts and/or omissions of

individual and/or entities other

than this Defendant over whom this Defendant exercised no dominion or control.

WHEREFORE, Defendant, Boy Scouts of America, denies it is liable to the Plaintiffs and

request the Plaintiffs' Complaint be dismissed and that judgment be entered in its favor, together with costs and disbursements, including attorney's fees and other such future relief as this Court
deems just and proper.

Respectfully submitted,

Bums, White & Hickton, LLC

By: żż~ . avi ALD. 36684)
MarK . Schweers, Jr., Esquire (P ALD.
92789)

Attorneys for Defendant

Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212
[phone]

3

Case 2:05-cv-01077-DWA

Document 7

Filed 09/29/2005

Page 4 of 4

CERTIFICATE OF SERVICE
the within ANSWER AND

I hereby certify that a true and correct copy of

AFFIRMATIVE DEFENSES TO PLAINTIFFS' COMPLAINT has been served upon all
counsel of record by United States First Class Mail, postage prepaid, this J q f'" day of

t~rr~

, 2005, addressed as follows:

Victor H. Pribanic, Esquire 1735 Lincoln Way White Oak, PA 15131

BURNS, WHITE & HICKTON

BY:~~~..
d Davi . . e, Esquire (PA . .36684)

Mark E. Schweers, Jr., Esquire (PA LD. 92789)

Attorneys for Defendant