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HomeMy WebLinkAbout03-1738 PULEO & D'EMILlO, LLC PAUL F. D'EMILlO, ESQUIRE PA Supreme Court 10: 16654 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 610-941-3600 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court 10: 52651 61 West Louther Street Carlisle, PA 17013 717 -249-1177 ATTORNEYS FOR PLAINTIFF TIMOTHY A. DEMARK AND T AMI DEMARK AND MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, R.D. 2, BOX 358A P.O. BOX 911 LOYSVILLE, PA 17047 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 0 3 A J 7 3 3 Ci V; L vs. JAMES J. CHESTNEY JANET L. CHESTNEY, HIS WIFE 817 NESBIT DRIVE CARLISLE. PA 17013 CIVIL ACTION NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. It 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 of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 PULEO & D'EMILlO, LLC PAUL F. D'EMILlO, ESQUIRE PA Supreme Court 10: 16654 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 610-941-3600 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court 10: 52651 61 West Louther Street Carlisle, PA 17013 717 -249-1177 ATTORNEYS FOR PLAINTIFF TIMOTHY A. DEMARK AND TAMI DEMARK AND MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, R.D. 2, BOX 358A P.O. BOX 911 LOYSVILLE, PA 17047 COMMON PLEAS COURT OF CUMBERLAND COUNTY vs. JAMES J. CHESTNEY JANET L. CHESTNEY, HIS WIFE 817 NESBIT DRIVE CARLISLE. PA 17013 NO. (/.3 ~ /7:3 15 CIVIL ACTION COMPLAINT 1. Plaintiffs Timothy A. DeMark, and his spouse, Tami DeMark, are adult individuals who currently reside at R.D. 2, Box 358A, P.O. Box 911, Loysville, Perry County, Pennsylvania. 2. Plaintiff Morgan's Affordable Motors, Inc. is a corporation duly authorized and existing under the laws of the Commonwealth of Pennsylvania. Its address is 5285 Spring Road, P.O. Box 488, Shermans Dale, Perry County, Pennsylvania. 3. Defendants James J. Chestney and Janet L. Chestney, his wife, are adult individuals who currently resides at 817 Nesbit Drive, Carlisle, Cumberland County, 1 Pennsylvania. 4. At all times hereinafter mentioned, Defendant James J. Chestney was the agent, servant, workman and employee of the Defendant Janet L. Chestney then and there engaged in the business of the Defendant Janet L. Chestney, within the course and scope of their employment. 5. On May 30, 2001, at approximately 10:45 a.m., Plaintiff Timothy A. DeMark was operating a 1987 Toyota Camry owned by Plaintiff Morgan's Affordable Motors on State Road 114 in Silver Spring Township, Cumberland County, Pennsylvania. 6. The portion of SR 114 on which Plaintiff Timothy A. DeMark was operating a vehicle on May 30, 2001, is a four-lane highway. Plaintiff DeMark was traveling eastbound in the right hand lane, within his proper lane of travel, on said SR 114. 7. On said date and time, Defendant was the operator ofthe 1994 Chevrolet Mark III van owned by him and his wife, Janet L. Chestney. Defendant was heading westbound on said SR 114 in the left hand lane in the aforesaid Silver Spring Township. 8. As Plaintiff DeMark was heading eastbound on SR 114 on May 30,2001, he approached the traffic light where the ramp began for entry to Route 81 southbound. This traffic light had a turn arrow on the opposite side for traffic heading westbound that intended to turn left into said ramp. 9. The traffic light for eastbound traffic changed from red to green as Plaintiff DeMark approached it, and thus he did not have to come to a stop; rather, he was able to proceed through the intersection, passing several eastbound vehicles in the left hand lane that had been stopped for a red signal. 10. Despite having a red turn signal (arrow), Defendant did not stop; to the contrary, he 2 continued to make a left hand turn across both eastbound lanes in an attempt to enter the ramp to southbound route 81 and struck the vehicle driven by the Plaintiff Timothy DeMark causing the injuries hereinafter described.. 11. Plaintiff DeMark exercised due and proper care in operating his vehicle. 12. The said occurrence was due to the negligence of the Defendant James J. Chestney, individually and as agent, workmen, servant and employee of Defendant, Janet L. Chestney, in that he: a. did operate his motor vehicle disregarding other vehicles legally on the roadway; b. did negligently fail to yield the right of way to other vehicles; c. did negligently fail to apply the brakes before coming into contact with the Insured's Vehicle; d. did fail to operate his vehicle in accordance with existing traffic conditions; e. did permit or allow his vehicle to strike and collide with the side of the Insured's vehicle; f. did fail to keep a reasonable lookout for vehicles in adjacent lanes; g. did operate his motor vehicle without due regard for the rights, safety and position of other vehicles; h. did fail to keep a careful and diligent watch on the roadway; i. carelessly and negligently failed to recognize the hazards of driving on a State Route; j. carelessly and negligently failing to recognize that there was not enough time to safely make a turn; 3 k. did fail to stop for a red traffic signal and failed to yield to oncoming traffic before making a left hand turn; rather, he attempted to turn left in violation of Sections 3112 and 3322 of the Vehicle Code; and l. failed to keep a proper lookout for other vehicles; m. did fail to yield to oncoming traffic; and m. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland, pertaining to the operation of motor vehicles. Count 1 Timothy A. DeMark v. James J. Chestney and Janet L. Chestney 13. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 12, inclusive, as fully as though same were herein set forth at length. 14. By reason of Defendant's negligence and carelessness on the date in question, Plaintiff Timothy A. DeMark sustained severe injuries, including a left elbow/forearm fracture and dislocation, a left acetabular fracture, a pelvic fracture and dislocation, lacerations of left knee; and a closed head injury, extensive scaring, permanent pins in the elbow/forearm, permanent inability to extend left arm, nerve damage to left foot and toes, inability to sit for long periods of time because of pain in the hip and pelvis, permanent ridge in the muscle on the right side of his chest caused by the seat belt. 15. By reason of said injuries caused by Defendant's negligence, Plaintiff Timothy A. DeMark has had a great deal of pain and suffering as well as permanent and severe shock to his nerves and nervous system, all of which caused him and will for an indefinite time in the future, cause him great pain and agony and prevented him and probably will in the future, prevent him from attending his daily occupation. 16. As a consequence of his said injuries, Plaintiff, Timothy A. DeMark, has in the past 4 and may well in the future, be hindered and prevented from carrying on his usual and customary duties and his occupation wherefore he has lost the emoluments of said employment to his great financial damage and loss. 17. As a result of the injuries sustained, Plaintiff, Timothy A. DeMark has been obliged to expend various sums of money for medicine and medical attention in and about endeavoring to cure himself of his said injuries and may well be compelled to expend additional sums in the future. Count II Moraan's Affordable Motors v. Defendants 18. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 17, inclusive, as fully as though same were herein set forth at length. 19. By reason of Defendant's negligence and carelessness on the date in question, the 1987 Toyota Camry owned by Plaintiff Morgan's Affordable Motors was "totaled", i.e., the cost of repair far exceeded the fair market value of the vehicle. Count III Tami DeMark v. James G. Chestney and Janet L. Chestney 20. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 19, inclusive, as fully as though same were herein set forth at length. 21. By reason of the aforesaid, Plaintiff, Tami DeMark has been and may and probably will in the future, be deprived of the society and assistance of her husband, all of which has been and probably will in the future, be to her great financial damage and loss and has incurred substantial medical, surgical and therapy expense and may in the future incur additional medical expenses and as a further result thereof has lost earnings from her employment. 5 WHEREFORE, Plaintiffs demand jUdgment against each Defendant jointly and severally on each Count, in an amount in excess of Twenty Five Thousand and 00/100 Dollars ($25,000.00) together with interest, delay damages and costs of suit. ~.. // - Stephanie E. Chertok. Esquire Co-counsel for the Plaintiff Attorney 10 #52651 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 a~~ ~&~qUire Co-counsel for the Plaintiff Puleo & D'Emilio, LLC Attorney 10 #16654 660 Sentry Parkway, Blue Bell, Pa 19422 (610) 941-3600 6 VERIFICATION I, Timothy A. DeMark, verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Timothy A. DeMark '-./t1. Tami)t DeMark 7 ~-u ~t r-" () S-'L. U\. . cr'i:lA :IF~ - 0 U\ WC7V \)-~e -:13 ~:...: -t:. D' c~' (n .. '0 -( .-... ~ -I SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01738 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEMARK TIMOTHY A ET AL VS CHESTNEY JAMES L 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 CHESTNEY JAMES J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , CHESTNEY JAMES J 817 NISBET DRIVE CARLISLE, PA 17013 DEFENDANT IS CURRENTLY AT 10804 75TH PLACE #12 SEMINOLE, FL 33772. POST OFFICE IS UNSURE OF WHEN CHESTNEYS ARE TO RETURN TO CARLISLE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.80 5.00 10.00 .00 46.80 ;:? // County PULEO & D'EMILIO 05/15/2003 Sworn and subscribed to before me this It, t' day of ~ 201J.3 A.D. ~, , f1 n.;,k- ~ Proth notary , SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01738 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEMARK TIMOTHY A ET AL VS CHESTNEY JAMES L 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 CHESTNEY JANET L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , CHESTNEY JANET L 817 NESBIT DRIVE CARLISLE, PA 17013 DEFENDANT IS CURRENTLY AT 10804 75TH PLACE #12 SEMINOLE, FL 33772. POST OFFICE IS UNSURE OF WHEN CHESTNEYS ARE TO RETURN TO CARLISLE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 so~.r ... ,.:./' /..... .,,/,,-"'7 " ~~-~ R. Thomas Kline Sheriff of Cumberland County PULEO & D'EMILIO 05/15/2003 Sworn and subscribed to before me 1& ~ day of ~ this .2b1J;3 A. D . ~\ - P ~n~atLll~~ COMMON PLEAS COURT OF CUMBERLAND COUNTY CIVIL CASE NO. 03-1738 Timothy A. Demark and Tami Demark and Morgan's Affordable Motors, Inc, , a P A Corporation vs, James J, Chestneyand Janet L. Chestney, his wife Serve To: Type of Service: Summons and Complaint James 1. Chestney Address: Twelve Oaks Mobile Home Park 10804 75th Place North Seminole, Florida PlaintiIDPlain!i1f's Attorney: Paul F, D'Emilio, Esq, AFFIDAVIT OF SERVICE Received this process on May 19, 2003, at 11:30 a,m" and served the same at 3:00 p,m" on May 20,2003, in Pinellas County, Florida, [ X] INDIVIDUAL: By serving the within named person a true copy of the docnment, with the date and hour of service endorsed thereon by me, and at the same time delivering to the within named person a copy of the complaint, petition, initial pleading, or subpoena. [] NO SERVICE: For the reason that after diligent search and inquiry, unable to find subject in Pinellas County, Florida, r] OTHER RETURNS: Before me personally appeared, Richard L, Hart, to me well known and known to me to be the person described in and who executed the foregoing instrument, and who did not take an oath, and swears that the foregoing is true and Correct. Affiant:~~~d-4r~ Richard L. Hart #262-11-6646 Witness my hand and official seal May 27. 2003, BART & ASSOCIATES INVESTIGATIONS. INC. 10813 - 70" Avenue North, Seminole, FL 33772 ~,\lIIIIIIIII//1i11 ~,"'\e~e A, 8/~~:"",,- *,~?i. ........ "B.a: ~ ~ \J ....~\SS'ON ". ~ ~ ;::. '-(",~ 1~' ~ ~ .'V"~el 9,~a ~'. ~ $ ..~o~ ~~'.-: =*= -... :*E - .. .. - ~5~ 100153764 ':~i ~:;.I.' 'ffi~ ~~... 4.~~--.d ..'Q'~ ~.-7- .."YJ1.n.IOlP"':-..~* ~ ,.0".0......... Cf( ~" ~II dllC STA1'i. I'"~ Illili/IIIIII\\I\" Notary Public: F:\affidavit\Summons Cumblerland RLH.doc (') 0 C) c: c....:.. -n <-:~ ~2 "t) ,--,-, rnr-i'! I"~ ~?"~ " , (~) U) ~l, (.} : > ;:$;1' fJ t', ''U .:or; '<"' -;,.---n :J;:C 3: '.::;0 >0 :..J t5rn c: c;:;! z ::0 =< .c- -< COMMON PLEAS COURT OF CUMBERLAND COUNTY CIVIL CASE NO. 03-1738 Timothy A. Demark and Tami Demark and Morgan's Affordable Motors, Inc" a P A Corporation vs, James J, Chestney and Janet L, Chestney, his wife Serve To: Type of Service: Summons and Complaint James 1. Chestney Address: Twelve Oaks Mobile Home Park 10804 75th Place North Seminole, Florida Plaintiffi'Plaintiff's Attorney: Paul F, D'Emilio, Esq, AFFIDAVIT OF SERVICE Received this process on May 19, 2003, at 11:30 a,m" and served the same at 3:00 p,m" on May 20,2003, in Pinellas County, Florida, [X] INDIVIDUAL: By serving the within named person a tme copy of the document, with the date and hour of service endorsed thereon by me, and at the same time delivering to the within named person a copy of the complaint, petition, initial pleading, or subpoena. [] NO SERVICE: For the reason that after diligent search and inquiry, unable to find subject in Pinellas County, Florida, [] OTHER RETURNS: Before me personally appeared, Richard L. Hart, to me well known and known to me to be the person described in and who executed the foregoing instrument, and who did not take an oath, and swears that the foregoing is tme and correct, Affiant:~ ~~ 4. +Jd. Richard L. Hart #262-11-6646 Witness my hand and official seal May 27, 2003, BART & ASSOCIATES INVESTIGATIONS. INC. 10813 - 70" Avenue Nortb, Seminole. FL 33772 ~1I11""""""11. ,"'\ene A. 8'illI. II~ #~~:""""",,:?%~ ~ G ....\\l\SSlON.(>...:P ~ .;:: ,_C'o'" l~' ~ ~ .:....V"~er9,~n_~.. ::. g l~~ ~W,\ ~ =*: .... :*: - .. .. - ~~~ #00153764 .:~~ ~~. 'N~ ~~'" 4,,~~ .~~~ ~''''''7.~:-.,'l;::'~ ~ ,ovP ........ d( ~ 'l>11. "'lie STA~ "" 1111111/1111I1111" Notary Public: F:\a.ffidavit\Summons Cumblerland RLH.doc o c: ;"? -oi~"J n1n" -;:::: :], ZC Cf)",~- 2f~ '- ~';c; 4(-[ :P (: Z ::z o w c"" '::"E o 'T\ -n ~ 1'r'] c;:: -)..!.. " -~(~d ,- " :::"""Tl ';;c5 ,.-rn ,::\ .r> ~ I {Jl ..." ::l: ':? (.) COMMON PLEAS COURT OF CUMBERLAND COUNTY CIVIL CASE NO. 03-1738 Timothy A, Demark and Tamj Demark and Morgan's Affordable Motors, Inc, , a P A Corporation vs, James 1. Chestneyand Janet L, Chestney, his wife Type of Service: Summons and l1mplaint c- c:) ;-}? W LJ"" '- n-:n'i c:: ;~.~l, :.:.:;: /r.~ C/:j) 2 ~~- 22 5i((~~:' ~. ~;~ '-( (.0 o ..,., '-; ")- Serve To: Janet L. Chestney Address: Twelve Oaks Mobile Home Park 10804 75th Place North Seminole, Florida , <..,., ;"',r/"fT c:::' c;; '1", ..~ '"(') '~)nl ,;:~-I .~j --< PlaintiffJplaintiff's Attorney: Paul F, D'Emilio, Esq, AFFIDAVIT OF SERVICE Received this process on May 19, 2003, at 11:30 a,m" and served the same at 3:00 p,m" on May 20,2003, in Pinellas County, Florida, [ X ] INDIVIDUAL: By serving the within named person a true copy of the document, with the date and hour of service endorsed thereon by me, and at the same time delivering to the within named person a copy of the complaint, petition, initial pleading, or subpoena. [] NO SERVICE: For the reason that after diligent search and inquiry, unable to find subject in Pinellas County, Florida, [] OTHER RETURNS: Before me personally appeared, Richard L. Hart, to me well known and known to me to be the person described in and who executed the foregoing instrument, and who did not take an oath, and swears that the foregoing is true and correct, Affjant~ QA) ~~Jrl~_ Richard L. art #262-11-6646 Witness my hand and official seal May 27, 2003, RART & ASSOCIATES INVESTIGATIONS. INC. 10813 - 70" Avenue North, Seminole, FL 33772 \\11111111111'",,1. ~*" 1\009 A. 8" '/~r., ~r~'I.f..........:q..,~ ~ ~ '-'.....".\II\SSIO.o/;~.~ ~ ~ -vO"" '1:.-. ~ ~ .-4.. ~a'Oer19-,,~. ':;:: :::- :~cf '''lb:::s:!~~. =*: .,.\'ri: :: =. ..... . *;: %~5. #00153784 i'S:i ~'P.;.. ~&...., ..~~ ~~..~~_~ ..-fF.~ ~ ""O'..'Cf.fJo.fl1IlIP-:...n..9'~ ~ ~bJ.........CJ~~;'~ ~/I. <'e STATE \" "'"i""IIII\I\\' Notary Public: F:\affidavitlSununons Cumblcrland RLH.doc (') c :;;:: '1J CD nlrn Z,-" zt'- S? ~~';: ,-':. <C ;';:C ~; ~~.~ 7 ~ c::> w <- c z o -n ..,., i"-c';:, ---:,rn :'':10 ') .L :~1C) j:' =1=1 ";~O ~:::rn .,j -, ..,. CD -< I U, -0 ::Ji: ~ ,I='" COMMON PLEAS COURT OF CUMBERLAND COUNTY CNIL CASE NO. 03-1738 Timothy A. De1llaIk and Tami De1llaIk and Morgan's Affordable Motors, Inc" a P A Corporation vs, James J, Chestneyand Janet L, Chestney, his wife Type of Service: C) c." C) c: c...._~; '1'] Summons aiid COfl!elaiut;, d~f': -':-:; ',-, L_ -) 'fT1 2:1' 11,. --J''':',] (1) ," ..... ....:. '-:'::-"., ~,. ;;::;c :i; () c :z: ::;! -0 () .',', --n Serve To: Janet L. Chestney Address: Twelve Oaks Mobile Home Park 10804 75th Place North Seminole, Florida :~ ~ - ~ C) :~;rn '~~ ..". ~ -< Plaintiff!plaintiff's Attorney: Paul F, D'Emilio, Esq, (.J AFFIDAVIT OF SERVICE Received this process on May 19, 2003, at 11:30 a,m" and served the same at 3:00 p,m" on May 20.2003, in Pinellas County, Florida, [ X ] INDIVIDUAL: By serving the within named person a tme copy of the document, with the date and hour of service endorsed thereon by me, and at the same time delivering to the within named person a copy of the complaint, petition, initial pleading, or subpoena. [] NO SERVICE: For the reason that after diligent search and inquiry, unable to find subject in Pinellas County, Florida, [] OTHER RETURNS: Am... ~m&tf~~ Before me personally appeared, Richard L. Hart, to me well known and known to me to be the person described in and who executed the foregoing instmment, and who did not take an oath, and swears that the foregoing is tme and correct. Witness my hand and official seal May 27, 2003, HART & ASSOCIATES INVESTIGATIONS. INC. 10813 - 70'" Avenue North, Seminole, FL 33772 ~\II""'IIIIIIII'I ~", ~\\ene A. 8r~;:''*9. ~ \J~..;;~is'sio~:;;?~~ ~ .. cJ::IclOer 19 "'-Co-. ~. g :$ ~ '2a~"':. =*: a ~l&::: =. -.. .*= %~\ #ODl53764 l~i '- . .4._. .!;:j:;:: ~~. J:,~~$I{I1 .-.ffi* ~ 7- ;..".o:;Ii?-~... ~'0~~ ~ lteIJ.........O~<( 1\~ 'I, <'c, STAic ~\\' 1""111111111"" Notary Public: F:laffidavit\Summons Cumblerland RLH.doc (') 0 ~ c w ~, c- ~,"l -oliJ S '-r,::D rnr:-' .- f- Z:J:: I ._,fT1 ZC .:~ CJ Uj.,_ (.J1 ,_OJ,S -<"',. " r::C: -U !:=:+i '- ;!';c 50 .:c,~o /~l'.:l t:;' '~rn ~c:: -' -f ~ 'po s;- '~ Jefferson J. Shipman, Esquire I,D, #51785 GOLDBERG, KATZMAN & SHIPMAN, P,C, 320 Market Street p, 0, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants TIMOTHY A. DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC., a Pa. Corporation, Plaintiffs vs. JAMES J. CHESTNEY and JANET L. CHESTNEY, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-1738 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jefferson J. Shipman, Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel on behalf of Defendants, James J. Chestney and Janet L. Chestney, his wife. DATE: 98153,1 'lItO//)3 GOLDBERG, KATZMAN & SHIPMAN, P.C. fferson J. Shipman, Esquire Attorney 1.0. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on 7 / [0 / "3 I I Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Co-counsel for Plaintiffs Paul F. O'Emilio, Esquire Puleo & O'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 GOLDBERG, KATZMAN & SHIPMAN, P.C. / ipman, Esquire B J f 1.0. P.O. Box 1268 Harrisburg, PA Attorneys for 17108-1268 Defendants o \J~ rnr'i, Z:J ?)'i ~~l:. .,,;--., 6":-, .)..'7>,.--- ':::i :..i1 -( cr. a w L.. c:: ..U ~-? " o 'll "~ :Tl -, C) -n (') en Jefferson J. Shipman, Esquire 1.D, #51785 GOLDBERG, KATZMAN & SHIPMAN, P,C, 320 Market Street P. 0, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants TIMOTHY A. DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC., a Pa. Corporation, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JAMES J. CHESTNEY and JANET L. CHESTNEY, his wife, Defendants 03-1738 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their counsel You are hereby notified to plead to the New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. rson J. Shipma , ttorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Date: 7 /1~/63 98159,1 Jefferson J. Shipman, Esquire I,D, #51785 GOLDBERG, KATZMAN & SHIPMAN, P,C, 320 Market Street p, O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants TIMOTHY A. DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC., a Pa. Corporation, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JAMES J. CHESTNEY and JANET L. CHESTNEY, his wife, Defendants 03-1738 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, James J. Chestney and Janet L. Chestney, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and file the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted only as to the Plaintiffs' address. The Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No.1, and the same are therefore denied. 2. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No.2, and the same are therefore denied. 3. Admitted. 4. Denied. The averments contained in Paragraph No.4 are conclusions of law and fact to which no response is required. 5. Admitted in part, denied in part. It is admitted only that on May 30, 2001, at approximately 10:45 a.m., Plaintiff, Timothy A. DeMark, was operating a 1987 Toyota Camry on State Road 114 in Silver Spring Township, Cumberland County, Pennsylvania. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph No.5. 6. Admitted in part, denied in part. It is admitted only that S.R. 114 is a four-lane roadway. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No.6, and the same are therefore denied. 7. Admitted. 8. Admitted in part, denied in part. It is admitted only that the traffic light had a turn arrow for traffic heading westbound intending to turn left onto the entrance ramp to 81 southbound. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No.8, and the same are therefore denied. 2 9. Denied. The averments contained in Paragraph No. 9 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. 10. Denied. The averments contained in Paragraph No. 10 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. 11. Denied. The averments contained in Paragraph No. 11 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. 12. Denied. The averments contained in Paragraph No. 12, and subparagraphs (a) through (m), 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. Chestney operated his motor vehicle disregarding other vehicles legally on the roadway; b. Denied. It is specifically denied that Mr. Chestney negligently failed to yield the right-of-way to other vehicles; 3 c. Denied. It is specifically denied that Mr. Chestney negligently failed to apply his brakes before coming into contact with the Plaintiffs' vehicle; d. Denied. It is specifically denied that Mr. Chestney failed to operate his vehicle in accordance with existing traffic conditions; e. Denied. It is specifically denied that Mr. Chestney negligently permitted or allowed his vehicle to strike and collide with the side of the Plaintiffs' vehicle; f. Denied. It is specifically denied that Mr. Chestney failed to keep a reasonable .Lookout for vehicles in adjacent lanes; g. Denied. It is specifically denied that Mr. Chestney operated his motor vehicle without due regard for the rights, safety and position of other vehicles; h. Denied. It is specifically denied that Mr. Chestney failed to keep a careful and diligent watch on the roadway; i. Denied. It is specifically denied that Mr. Chestney carelessly and negligently failed to recognize the hazards of driving on a State Route; 4 j. Denied. It is specifically denied that Mr. Chestney carelessly and negligently failed to recognize that there was not enough time to safely make a turn; k. Denied. It is specifically denied that Mr. Chestney failed to stop for a red traffic signal and that he failed to yield to oncoming traffic before making a lefthand turn. It is also specifically denied that Mr. Chestney attempted to turn left in violation of Sections 3112 and 3322 of the Vehicle Code; 1. Denied. It is specifically denied that Mr. Chestney failed to keep a proper lookout for other vehicles; m. Denied. It is specifically denied that Mr. Chestney failed to yield to oncoming traffic; and m (sic). Denied. It is specifically denied that Mr. Chestney violated any statutes and laws of the Commonwealth of Pennsylvania and Cumberland County pertaining to the operation of motor vehicles. COUNT I T~othv A. DeMark v. James J. Chestnev and Janet L. Chestnev 13. The Defendants incorporate herein by reference their answers to Paragraphs 1 through 12 above as though fully set forth herein at length. 5 14. Denied. The averments contained in Paragraph No. 14 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, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 14 relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. The averments contained in Paragraph No. 15 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, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 15, and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 16, and the same are therefore denied and strict proof demanded at the time of trial. 6 17. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 17, and the same are therefore denied and strict proof demanded at the time of trial. COUNT II Moraan's Affordable Motors v. Defendants 18. The Defendants incorporate herein by reference their answers to Paragraphs 1 through 17 above as though fully set forth herein at length. 19. Denied. The averments contained in Paragraph No. 19 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 19 relating to Plaintiff's alleged property damage, and the same are therefore denied and strict proof demanded at the time of trial. COUNT III Tami DeMark v. James J. Chestnev and Janet L. Chestnev 20. The Defendants incorporate herein by reference their answers to Paragraphs 1 through 19 above as though fully set forth herein at length. 7 21. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 21, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendants, James J. Chestney and Janet L. Chestney, respectfully requests that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Defendants interpose the following New Matter defenses: 22. This action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. g170l, et ~. 23. That the Plaintiffs' claims may be limited or barred by the limited tort option pursuant to 75 Pa. C.S.A. g1705, et ~. 24. That the Plaintiffs have failed to state a cause of action as to Janet L. Chestney. 25. That if the Plaintiffs suffered the injuries alleged in the Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff, Timothy A. DeMark, and recovery 8 in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 26. That the negligence of the Plaintiff, Timothy A. DeMark, consisted of the following: a. Failing to have his vehicle under proper and adequate control; b. Failing to keep a proper lookout for other vehicles on the highway; c. Failing to drive at a speed which was safe for the conditions then and there existing; and d. Failing to drive at a speed which was safe for the intersection in question. 27. That the Plaintiff's failure to exercise reasonable care for his own safety was a substantial factor in the happening of the accident. 28. That the Plaintiff's injuries and damages, if any, were not caused by any acts, omissions or breaches of duty by the Defendants, Mr. and Mrs. Chestney. 9 WHEREFORE, the Defendants, James J. Chestney and Janet L. Chestney, respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. e ferson J. S ip an, Esqu~re Attorney 1.0. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants DATE: '7!~';- lIP 3 98159.1 It 10 VERIFICATION I, James J. Chestney, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing Answer and New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. ~4a,~ es JfChestney Date: 1-ltf-Oj 98177,1 VERIFICATION I, Janet L. Chestney, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing Answer and New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (l,~./ X{U--7 ~et L. Chestney ~ Date: 1-M-fJ3 98177,1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the united States Mail, postage prepaid, in Harrisburg, Pennsylvania, on -;/Ilc In'} I / Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Co-counsel for Plaintiffs Paul F. D'Emilio, Esquire Puleo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 GOLDBERG, KATZMAN & SHIPMAN, P.C. Esquire C) 1:'" " C, --h ::;"! ) ~ J ! , ' PULEO & D'EMILlO, LLC PAUL F. D'EMILlO, ESQUIRE PA Supreme Court ID: 16654 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 610.941-3600 ATTORNEYS FOR PLAINTIFF TIMOTHY A. DEMARK AND TAMI DEMARK AND MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, R.D. 2, BOX 358A P.O. BOX 911 LOYSVILLE, PA 17047 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 717-249-1177 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 03-1738 vs. JAMES J. CHESTNEY JANET L. CHESTNEY, HIS WIFE 817 NESBIT DRIVE CARLISLE. PA 17013 CIVIL ACTION REPLY TO NEW MATTER The Plaintiffs, Timothy A. DeMark and Tami DeMark, by their attorneys Paul F. D'Emilio, Esquire and Stephanie E. Chertok, R.N" Esquire reply to the New Matter of Defendants, James J. Chestney and Janet L. Chestney, pursuant to Rule 2252(d) in the above captioned matter and set forth as follows: 22-25, Denied. The allegations are conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil of Procedure. It is specifically denied that the Plaintiff was negligent and all of the allegations contained in the Complaint are incorporated herein by reference as fully as though the same were herein set forth at length. 26. Denied. It is specifically denied that Timothy A. DeMark was negligent. On the contrary: a. Denied. It is specifically denied that Plaintiff failed to have his motor vehicle under proper and adequate control. On the contrary, all of the allegations contained in paragraphs 8-12 inclusive of the Complaint are incorporated herein by reference as fully as though the same were herein set forth at length, b, Denied. It is denied that Plaintiff failed to keep a proper look-out. On the contrary, all of the allegations contained in paragraphs 8-12 inclusive of the Complaint are incorporated herein by reference as fully as though the same were herein set forth at length. c, Denied. It is denied that Plaintiff failed to drive a at speed that which was safe for conditions then and there existing, On the contrary, at all times mentioned in the Complaint, the Plaintiff was driving at a speed safe for conditions then and there existing. d, Denied. It is denied that Plaintiff failed to drive at a speed which was safe for the intersection in question. On the contrary, Plaintiff was driving at a safe speed and all of the allegations contained in paragraphs 8-12 inclusive of the Complaint are incorporated herein by reference as fully as though the same were herein set forth at length, 27, Denied. It is denied that Plaintiff failed to use reasonable care for his own safety. At all times mentioned in the Complaint, Plaintiff exercised reasonable care for his own safety. The balance of the allegations contained therein are conclusions of law and fact, to which no responsive pleading is required by the Pennsylvania Rules of Civil of Procedure. 28, Denied. It is denied that Plaintiff's injuries and damages were not caused by an act, omission or breach of duty by the Defendants. On the contrary, all of the allegations of the Complaint are incorporated herein by reference as fully as though the same were herein set forth at length. WHEREFORE, Plaintiff demands judgment against the Defendants on each Count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. VERIFICATION Timothy A. DeMark and Tami DeMark, Plaintiffs in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. DATE: 7/)11 /()< DATE: 1/;J4iu TIMOTHY A. DEMARK AND TAMI DEMARK AND MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, R.D. 2, BOX 358A P.O. BOX 911 LOYSVILLE, PA 17047 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 03-1738 VS. JAMES J. CHESTNEY JANET L. CHESTNEY, HIS WIFE 817 NESBIT DRIVE CARLISLE, PA 17013 CIVIL ACTION CERTIFICATE OF SERVICE I, Stephanie E, Chertok, Co-Counsel for the Plaintiff, Timothy A. DeMark and Tami DeMark and Morgan's Affordable Motors, Inc" hereby certify that a true and correct copy of the Reply to New Matter in the above captioned case was served upon Jefferson J, Shipman, Esquire, Counsel for the Defendants, James 1. Chestney and Janet 1. Chestney, in the following manner: First Class Prepaid Postage to Jefferson J, Shipman, Esq, P,O. Box 1268 Harrisburg, PA 17108-1268 on this 5th day of August, 2003. ~ teph ie E, Chertok, Esq, / Co-counsel for Plaintiff Attorney ID # 52651 61 W. Louther St. Carlisle, P A 17013 (717) 249-1177 'r ~ ('I C. ) ( ?: -..r ~5~ . }-"~ ~~:' ~?: \..:3 :-~ ',;,.- (j) -:J2- ,C"_-? _:l~0 ~.-~o_ ~) (.) -..-~ Jefferson J. Shipman, Esquire LD. j/51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 counsel for Defendants TIMOTHY A. DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC., a Pa. Corporation, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JAMES J. CHESTNEY and JANET L. CHESTNEY, his wife, Defendants 03-1738 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of Defendants' Answers to Plaintiffs' Interrogatories has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on October 6, . 2003: Paul F. D'Emilio, Esquire Puleo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Co-counsel for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. f erson J. Ship an, Esquire Attorney I.D. No. 51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants 101365.1 (') c $:. -n:~r ~~t' cr;;,,,." ~~, ~Si~ ~ (:.i ',1 o 'J ~ -) "-< ;;~) ...J TIMOTHY A. DEMARK AND TAMI DEMARK AND MORGAN'S AFFORDABLE MOTORS, INC., A P A CORPORATION, Plaintiffs v. JAMES J. CHESTNEY JANET L. CHESTNEY, HIS WIFE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 03-1738 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2003, upon consideration of Plaintiffs' Motion To Compel Defendants, James J. Chestney and Janet L. Chestney To Answer Plaintiff's Insurance Interrogatories, Expert Witness interrogatories, and Interrogatories, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service, ~Ul F. D'EmiIio, Esq. 660 Sentry Parkway Suite 210 Blue Bell, P A 19422 vStephanie E. Chertok, Esq. 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiffs ^ BY THE COURT, Ii. "7 t~~ )\~ 10-07 -(J3 . , V'lNVA1ASNN3d ' ., ,','" ~ 'J ~" -, '~'-',\lf"\r'\ I\.L~\,I !: r ',"., .~:'''-'"",..r;rljr L..) 6:>'7 lid 9-l"Ji'f',. (,.(, ,,, JI c.,,_ ^ti~'l()!\\ ,~;<~ .:i0 38d.:r~.)-nJ";'::f ~ V Jefferson J. Shipman, Esq. P.O, Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendants :rc TIMOTHY A. DEMARK AND TAMI DEMARK AND MORGAN'S AFFORDABLE MOTORS, INC., A P A CORPORATION, Plaintiffs v. JAMES J. CHESTNEY JANET L. CHESTNEY, HIS WIFE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO, 03-1738 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of October, 2003, upon consideration of Plaintiffs' Motion To Compel Defendants, James J. Chestney and Janet L. Chestney To Answer Plaintiff's Insurance Interrogatories, Expert Witness interrogatories, and Interrogatories, and of the attached letter from Defendant's counsel, and upon relation of Plaintiffs' counsel that Plaintiffs' motion may be deemed moot, Plaintiffs' motion to compel is deemed moot. 0'au1 F. D'Emilio, Esq. 660 Sentry Parkway Suite 210 Blue Bell, PA 19422 ,,1;tephanie E. Chertok, Esq, 61 West Louther Street Carlisle, P A 17013 Attorneys for Plaintiffs ^' BY THE COURT, 7 ~ki RV6 10- 15-63 . \fi~Nt\lASN1{:!d J '~I-'-'~,(~, ..., ,. "'1' ,a"_'ii.j^"\ id!\f ;:): ;i',')i;:!-'(':~U 1-.; ~ f" 'J r I J "0 ,~(' tiU:{" 1,~,j ,; .....J1 GU )\C!V.L::._;,. :~,' U. dO y'1efferson J. Shipman, Esq, P,O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendants :rc OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961.1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. STECKEL HEATHER L. PATERNO BENJAMIN D. ANDREOZZI 320 MARKET STREET. STRAWBERRY SQUARE P.O. Box 1268 . HARRISBURG, PENNSYLVANIA 717,234,4161' 717,234,6808 (FAX) 17108.1268 GOLDBERG, KATZMAN &> SHIPMAN, P.C. ATTORNEYS AT LAW October 10, 2003 The Honorable J. Wesley Oler, err. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: DeMark, et al. v. Chestney No: 03-1738 Civil Term Dear JUdge Oler: Your Honor issued an Order of Court on October 6, 2003 directing a Rule upon my clients to show cause why the Plaintiff's Motion to Compel Answers to Interrogatories Should Not be Granted. In reply thereto, I am respectfully enclosing a time-stamped copy of the Certificate of Service of Defendants' Answers to Plaintiffs' insurance interrogatories, expert witness interrogatories, and interrogatories. Thank you for Your Honor's attention to this matter. VE~ry truly yours, Shipman JJS:mem Enclosure cc: Stephanie E. Chertok, Esquire (w/enc.) Paul F. D'Emilio, Esquire (w/enc.) 101600.1 Ocr 1 </ 200J Jefferson J. Shipman, Esquire 1.D, #51785 GOLDBERG, KATZMAN & SHIPMAN, P,C, 320 Market Street P. 0, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants TIMOTHY A. DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC., a Pa. Corporation, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JAMES J. CHESTNEY and JANET L. CHESTNEY, his wife, Defendants 03-1738 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANTS TO PLAINTIFFS' MOTION TO COMPEL DEFENDANTS' ANSWERS TO INSURANCE INTERROGATORIES, EXPERT WITNESS INTERROGATORIES AND INTERROGATORIES AND NOW, come the Defendants, James J. Chestney and Janet L. Chestney, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and file the following Answer to Plaintiffs' Motion to Compel discovery answers: 1-4. Admitted. 5. Denied. The averments contained in Paragraph No.5 are conclusions of law to which no response is required. NEW MATTER 6. The Defendants answered the Plairtiffs' discovery and served copies of the discovery answers on October 6, 2003. See, attached Exhibit "A,H Certificate of Service of discovery answers. WHEREFORE, the Defendants, James J. Chestney and Janet L. Chestney, respectfully submit that the Moti.on to Compel is moot as the discovery has been answered. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. ~. ......... --,.... J, f erson C'. Ship an, Esquire ttorney 1.0. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants DATE: ID 11'i/~!I 101683,1 2 OCT 8 - RfC'1l Jefferson J. Shipman, Esquire I.D. '51785 GOLDBERG, KATZMIIN & SHIPMIIN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants TIMOTHY A. DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC., a Pa. Corporation, Plaintiffs JAMES J. CHESTNEY and JANET L. CHESTNEY, his wife, Defendants 03-1738 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA () <...' S ~ .':') vcr -....1 rn,": _.:.. ~); 2~:., ~:c ~~; l,"~ ~ ,-J vs. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of Defendants' Answers to Plaintiffs' Interrogatories has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Penn.sylvania, on October 6, 2003: Paul F. D'Emilio, Esquire Puleo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Co-counsel for Plaintiffs 101385.1 GOLDBERG, KNrZMAN & SHIPMAN, P.C. LI '.( -' _ '1 .' ~~ :..,...~ ~. . ~rson iT. ShipI6an, Esquire Attorney LD. No. 51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants "All CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on October 14, 2003: Paul F. D'Emilio, Esquire Puleo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Co-counsel for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 4 ~r-~~ f erson :i. Ship an, Esquire .0. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants . ,\ (-1" ~:j -, 10243001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEMARK PLAINTIFF/S COURT OF COMMON PLEAS VS, CHESTNEY NO. 03-1738 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009,22, PLAINTIFF CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COpy OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA, DATE: 11/28/03 /~) \ ('1 (1A<J"aJK~.cl ATTORNEY FOR PLAINTIFF 2003-008 1131649234 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 10243001 12/25/03 DEMARK PLAINTIFF/S COURT OF COMMON PLEAS VS, CHESTNEY NO, 03-1738 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 TO: JEFFERSON SHIPMAN, ESQ, GOLDBERG, KATZMAN & SHIPMAN, P,C, 320 E. MARKET ST, P,O, BOX 1268 HARRISBURG PA 17108 ATTORNEY(S) FOR DEFENDANT PLAINTIFF INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F, KENNEDY BLVD" PHILADELPHIA, PA 19103, YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA, IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED, DR, DEBRA TAYLOR, M.D, DATE: 10/27/03 PAUL F, D'EMILIO, ESQ, LAW OFFICES OF PULEO & D'EMILIO 660 SENTRY PKWY, S-210 BLUE BELL PA 19422 ATTORNEY(S) FOR PLAINTIFF 2 0 0 '-'" ..T1 s:- o "..~. "11}? r'" ;~~ ('") 1Jt-x \ ',"Jrn Vir' ()'6 --." ."... ~t ~- -0 ,J-T", ',.--n ~( -" )- -.". ~:::> ~'~.,-rn $C ~ 0.'. c: ~ :::> ~~ ~ ...1 0< Johnson, Duffie, 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 Attorneys for Defendants TIMOTHY DeMARK and TAMMY DeMARK and MORGAN'S AFFORDABLE MOTORS, INC" a PA Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-1738 Plaintiffs CIVIL ACTION - LAW v, JURY TRIAL DEMANDED JAMES J, CHESTNEY and JANET L. CHESTNEY, Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.:22 TO: Paul F, D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate: (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served have been altered to reflect the address and telephone number change of the person requesting them; other than that, the subp,oenas are identical to the subpoenas attached to the Notice Of Intent JOHNSON, DUFFIE, STEWART & WEIDNER . By: Jeffe on J, Shipman, E;squire Attorney 1.0, No, ,51785 301 Market StreElt P,O, Box 109 Lemoyne, PA H043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: 61 'dIJ (j4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the (JI s+- day of (/!lU.11 ,2004, addressed as follows: Paul F, D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E, Chmtok, Esquire 61 West Louther Street Carlisle, PA 17013 By: Jeff son J, Shipman, Esquire Attorney I.D, No, 51785 301 Market StreE~t P,O, Box 109 Lemoyne, PA 1'7043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire l.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-1738 CIVIL ACTION - LAW JURY TRIAL DEMANDED TIMOTHY A, DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC" a PA Corporation, v, JAMES J, CHESTNEY and JANET L. CHESTNEY, his wife, Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Paul F, D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants intend to serve one subpoena identical to the one that is attached to this notice, You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenal. If no objections are made, the subpoena may be served, By: Je rson J, Shipman; Esquire Attorney I.D. NCI,51785 301 Market StrEtet P,O, Box 109 Lemoyne, PA '17043-0109 Telephone (717') 761-4540 Attorneys for DI9fendants Date: i.f/~/)I(;'1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, l;ertified postage prepaid, at Lemoyne, Pennsylvania, on the '~6+'-- day of I} p r I J , 2004, addrei.sed as follows: Paul F, D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E, ChElrtok, Esquire 61 West Louther Street Carlisle, PA 170113 227632 By: Jeffe on J, Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for DElfendants . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tamijy DeMark and Morgan's Affordable Motors, Inc.~ a PA Corporation, Plaintiffs FileNo, 03 17:\8 v. James J. Chestney and Janet L. Chestn~y, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Parry ~9alth CQRt9r (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test r,,~"1t"p8rtaiBiRg te TiHlstay A. llellaFk :::SN. 2005 58 07H DOB: 11/14/61 at.TnhnRnnl n"ffiPj ~t-pt.7~rt ^' l.JQjr1t'i1r~ JQl Market 8t., P.O. Box 109 (Address) Lemoy,ne PA 17.041-0109 You may deliver or mail legtble copies of the documents or produce tlrings'requestea by tli.is subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You bave the right to seek in advance the reasonable cost of prC],aring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TIllS SUBPOENA WAS ISSUED AT TIffi REQUEST OF TIffi FOLLOWING PERSON: NAME:Jefferson J. Shipman, Esquire ADDRESS: 301 Market St.11 P.O. Box 109 Lemovne. PA 17043-0109 TELEPHONE: 717-7h1-4~40 SUPREMECOURTID # ,)17R,) ATTORNEY FOR: IJelendants Date: {).~" 'IL ;;;'7, J..t''UC/ S 1 of the Court I "- ~: ):~( ~~ ~~.~ =:4 -( 8 ...., <= <= -""' ~ ==< l''> ~. o .." ...... ffiF -om -rlY (..'0 ::{l, -c. " ::D On :::-,;-..ffl (') ~-.~ ::] ~ -n ~ ~ <.Y; Johnson, Duffie, Stewart & Weidner By: Jefferson J, Shipman, Esquire LD, No, 51785 301 Market Street P,O, Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 Attorneys for Defendants TIMOTHY DeMARK and TAMMY DeMARK and MORGAN'S AFFORDABLE MOTORS, INC" a PA Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-1738 Plaintiffs CIVIL ACTION - LAW v, JURY TRIAL DEMANDED JAMES J, CHESTNEY and JANET L. CHESTNEY, Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.:!2 TO: Paul F, D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E, Chertok, Esquire 61 West Louthelf Street Carlisle, PA 17013 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A subpoena, with copie,s of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate: (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served have been altered to reflect the address and telephone number change of the person requesting them; other than that, the subpOI~nas are identical to the subpoenas attached to the Notice Of Intent DUFFIE, STEWART & WEIDNER By: Je erson J, Shipman, Esquire Attorney 1.0, No, 51785 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: ~ / '1) D LJ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the t'-J+h day of 0U, ) Y , 2004, addressed as follows: Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E, Chertok, Esquire 61 West Louther Street Carlisle, PA 1701:1 By: Je rson J, Shipman, Esquire Attorney I.D, No, 51785 301 Market Streelt P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants . Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire J.D. No. 51785 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-1738 CIVIL ACTION - LAW JURY TRIAL DEMANDED TIMOTHY A, DEMARK and TAMMY DEMARK and MORGAN'S AFFORDABLE MOTORS, INC" a PA Corporation, Plaintiffs JAMES J, CHESTNEY and JANET L, CHESTNEY, his wife, Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Paul F, D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E, Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants intend to serve one subpoena identical to the one that is attached to this notice, You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena, If no objections are made, the subpoena may be served, FFIE, STEWART & WEIDNER By: Jeffe on J, Shipman, Esquire Attor ey 1.0, No, 51785 301 Market Street p,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: &j-njlJi-f CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, cElrtified postage prepaid, at Lemoyne, Pennsylvania, on the :);)/\.{ day of VV,YJ ~ , 2004, addressed as follows: Paul F, D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 227632 Stephanie E, Cheltok, Esquire 61 West Louther Street Carlisle, PA 17013 By: Jeff son J, Shipman, Esquire Attorney I.D, No, 51785 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717') 761-4540 Attorneys for D'3fendants COMMONWEALTH OF PENNSYLVANIA coUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark . and Morgan's Affordable Motors, Inc.,: a PA Corporation, . File No. 03-1738 Plaintiffs v. James J. Chestney his wife, and Janet L. Defendants Chestn~y, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: penns lvania De artment of Trans or tat ion (Name of person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: en)' ~nn ~1l r<>rnrn<: p<>rt-'1ining tn th<> -'1rcinpnt ni<:tnry -'1t the interchang of Routes 114 and 81, Silver Spring Township, Cumberland County, PA from the y~ars19g9 to the present. Johnson, Duffie, Stewart & Weidner, 301 Market St., P.O. Box 109, at (Address) Lemoyne, t'A .L/V4j,-V.L09 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party ma1dng this request at the address listed above, You have the right to seek in advance the reasonable cost of prl'l'aring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order eompelling you to comply with it, TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Je~;er:on J. Shiuman, ADDRESS: ~~; ~;rk~t "to, P.O. 1 P m l'A 1 7()4 ,_()1 09 Esquire Box 109 TELEPHONE: 717 - 7 h 1 _I, C,M) SUPREME COURT ID # 517 B 5 ATIORNEYFOR: DBfeBaaBtii BY THE COURT: Ju.:1{~ R f~. Prothonotary, Civil Di si Date: q,.w--- :ll. :J..bC'f eal of the Court -'~Jr'-- a ""Yvi,lp'>J I Deputy r) c -.~~. 1:.' f.!;;" .' C-:', J ~::: ~I~~ ( " i;.,.s;,~ r z, =2 "'" = c.;.~ "'- '- c:: I-- I --J o -n 'i:l hi :!J r -um iB9 oyJQ ij:d .;...() r5rn '::.--" :::5 -< :::! 0) 0:> Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire J.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-76]-4540 Attorneys for Defendants TIMOTHY DeMARK and TAMMY DeMARK and MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1738 Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JAMES J. CHESTNEY and JANET L. CHESTNEY, Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 400!~.22 TO: Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louthl~r Street Carlisle, PA 17D13 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate: (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent JOHNSON DUFFIE, STEWART & WEIDNER Date: / / 18}05'- Je rson J. Shipman,' Esquire Attorney 1.0. No. 51785 . 301 Market Stn3et P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for DElfendants By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at ,ofJ> -J" - Lemoyne, Pennsylvania, on the I (j day of (I i'l U. (JI \1 ,20D5, addressed as follows: / Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West LOLlther Street Carlisle, PA 17013 FFIE, STEWART & WEIDNER ~ . .~ n J. Shipman, Esquire Attor y I.D. No. 51785, 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7'17) 761-4540 Attorneys for Defendants By: Johnson. Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendants TIMOTHY A DEMARK and TAMMY DEMARK . and MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-1738 v. CIVIL ACTION - LAW JAMES J. CHESTNEY and JANET L. CHESTNEY, his wife, JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 TO: Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Lt)uther Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants intend to serve two subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. Date: 11/;;/0; JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff son f Atto ey I.D. No. 517.85 301 Mark(~t Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the jJft: day of -,- v (i:"u c,)' )' , 2005, addressed as follows: Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle; PA 17013 By: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation, File No. 03-1738 Plaintiffs vs. James J. Chestney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Sprina Township (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the sicmal condition diaaram and the slanal tlmina plan of the intersection of Route 114 and Route 81. Silver Sprino Township. Cumberiand County. PA for the date of Mav 30. 2001, at Johnson Duffie Stewart & Weidner 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonallle cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by thi:; subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court ordm compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIN<! PERSON: NAME: ADDRESS: Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants TELEPHONE SUPREME COURT iD # ATTORNEY FOR BY THE COURT 15/ /'?bl-Z:" /' >>~ Prothonotary/Clerk, Civil DiVision '---- tI/? thQ~ 2.7i2"fl#./YJ _ Deputy .~ DATE ..' ./.' ,7/')/0<" : '.o',U1. / . ~L"C_. Seal of the Court (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation, File No. 03-1738 Plaintiffs vs. James J. Chestney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylyania Department of Transportation (Name of Person pr Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the siqnal condition diaoram and the siqnal timino Dlan of the intersection of Route 114 and Route 81. Silver SorinQ Township. Cumbe'rland County, PA for the date of Mav 3D. 2001. at Johnson, Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party mak.ing this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS Jefferson J. Shipman. ESQuire 301 Market Street Lemovne, PA 17043 717-761-4540 5178q Defendants TELEPHONE SUPREME COURT 10 #: ATTORNEY FOR BY THE COURT: /'.J. /) ~~ /,5'( UI-1At.-:1- ,.e--. ,P<.c1Jv;: Prothonotary/Clerk, Civil Divisron ~ ~Jh 0 ~f:). 7?!A1/e;$t/r-- DATE: ;2.'1" // J<'"C-5' seal of the Court (Eff.7/97) -'- ~ L.- C) ~ i'\ .-' -y \,"1 .L';'. - '--'~) :;\ , Johnson, Duffie, 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 Attorneys for Defendants TIMOTHY DeMARK and TAMMY DeMARK and MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, Plaintiffs \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1738 v. CIVIL ACTION - LAW JAMES J. CHESTNEY and JANET L. CHESTNEY, JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 905 West Sproul Road Suite 105 Springfield, PA 19064 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate: (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff son J. Shipman, Esquire Atto ney 1.0. No. 51786 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761.4540 Attorneys for Defendants Date: (,/, / 06 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at t - Lemoyne, Pennsylvania, on the 1 S day of J U JII f , 2005, addressed as follows: Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 905 West Sproul Road Springfield, PA 19064 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 By: J erson J. Shipman, Esquire Attorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: I..JIJ06 UFFIE, STEWART & WEIDNe:R By: Jeffi son J. Shipman, Esq~'7" Attorney J.D. No.5118&'i-;~":VT; 301 Market Street .' P,O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, f- certified postage prepaid, at Lemoyne, Pennsylvania, on the I S day of - \1 (..(,/1'1(' ,2005, addressed as follows: Paul F. D'Emilio, Esquire Puelo & D'Emilio, LLC 660 Sentry Parkway Blue Bell, PA 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 DUFFIE,SIEWART & WEIDNER Je erson J. Shipman, Esquire Attorney I.D. No. 5178.5.; . 301 Market Street ' ; P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants . By: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation, Plaintiffs File No. 03-1738 vs. James J. Chestney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: 'Hershev Medical Center (Name of Person or Enmy) Wtthin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the followina x-ravs and CT scans tactual fllmsl: X-ravs of the C. sine T -s ine t-s Ine Pelvis Elbow Knee CT head CT elvls CT C.fUne dated 5/30/01: X-ravs of the Pelvis, Elbow, HID dated 5/31/01: X-ravs of the Pelvis. Elbow dated 6/3/01: X-ravs of the Pelvis dated 6/20/01: X-ravs of the Pelvis Elbow dated 8/8/01: X-ra.s of the Pelvis. Elbow dated 10/10/01 Dertainina to Timothv A, DeMark SSN: 205-58-0746 00B:11/14/61 at Johnson. Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. ShiDman. Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 Defendants BY THE COURT: DATE: (Yl';::/"tf:. a? ~ Seal of t e Cou~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation, File No. 03-1738 Plaintiffs vs. James J. Chestney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Debra Tavlor of Mas land Associates . (Name of Person or Entity) W~hin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: medical records, reports. correspondence, diaanostic test results from December 2,2003 to Mav 31, 2005 pertainina to Timothv A, DeMark SSN: 205.58.0746 DOB: 11/14/61 at Johnson. Duffie. Stewart & Weidner 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. YOu have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 5H85 Defendants TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: \.... drlA 0 -p 7t/?/J/r,/ Deputy DATE: (i7::J ~ J? ~("X>iS' Seal of he Cou'rt (Elf. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation, Plaintiffs File No. 03-1738 vs. James J. Chestney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn Woods Phvsical Theraov (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: medical records, ohvsical theraov records, reoorts, corresoondence, diaanostic test results oertainina to Timothv A. DeMark SSN: 205-58-0746 DOB: 11/14/61 . at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shioman. ESQuire 301 Market Street lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: '-.... DATE: fY) ';::;"ic a '7. d..D&$" Seai of th Court ' (Elf. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation, FileNo. 03-1738 Plaintiffs vs. James J. Chesfney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: Downinatown School District (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: cODies of all academic and scholastic records from 1974 to and includina 1980 Dertainina to Timothv A, DeMark SSN: 205-58-0746 DOB: 11/14/61 , at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the thi!lgs sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: . SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shioman. ESQuire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: DATE: (fl ~ (f; :J I :J...O&S Seal of t Court I ~Ck.P S?7fr~O/7' / Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation, File No. 03-1738 Plaintiffs vs. James J. Chestney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mansfield Universitv (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: cODies of all academic and scholastic records from 1980 to 1985 Dertainina to Timothv A, DeMark SSN: 205-58-0746 DOB: 11/14/61 , at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, toget~er with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shioman. ESQuire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BYTHE COURT: DATE: fP~~::21 ~06lS Seal of t e Court' "-- ~~P~I7/~~// Deputy (Eff 7/97) . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy A. DeMark and Tammy DeMark and Morgan's Affordable Motors, Inc., a PA Corporation~ Plaintiffs File No. 03-1738 vs. James J. Chestney and Janet L. Chestney, his wife, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Chester University (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: cODies of all academic and scholastic records from 1980 to 1985 Dertainina to Timothv A. DeMark SSN: 205.58-0746 DOB: 11/14/61 , at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENf; WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: ATTORNEY FOR: Jefferson J. Shioman. ESQuire 301 Market Street lemovne. PA 17043 717-761-4540 51785 Defendants BYTHE COURT: DATE f1l~t.,.2~ ;J...OoS Seal of t e Cou " (Eff.7/97) ~~ Q r-' '2~; <.;....,"1 o -1'1 --\ ~r.-n ;<1 ;.:-':: I N -,--, (,) J:;.' -jj :-<., TIMOTHY DeMARK and TAMMY DeMARK and MORGAN'S AFFORDABLE MOTORS, INC., a PA Corporation, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1738 v. CIVIL ACTION - LAW JAMES J. CHESTNEY and JANET L. CHESTNEY, JURY TRIAL DEMANDED Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. PUELO & E'EMILlO, LLC B Paul . D milio, Esquire 905 West Sproul Road Suite 105 Attorneys for Plaintiffs DATE: () C ? :::=r -< "" c:.:;) = .;;;;--. a rr-J (-) I v, o -n ---{ :C" nl;= -n~ 1; -ilC~ ::;-: (~: 1_,_.1 ...~-"' ~"'~ :.'J.J -< -u :1~: N c.n ()'"~