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Home My WebLink About07-3386IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and JAMES R. FAHNESTOCK 9 Watson Drive Carlisle, PA 17013, Plaintiffs vs. :. CIVIL ACTION-LAW :. NO. 07- 33 R6 CIVIL TERM CODY L. STRAYER 74 McAlister Church Road :. MOTOR VEHICLE CASE Carlisle, PA 17013, Defendant :. PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above matter against Cody L. Strayer in an amount in excess of $50,000.00. Date: June 7, 2007 Roger M. Morgenthal, squire I.D. No. 17143 Attorney for Plaintiffs 2515 North Front Street Harrisburg, PA 17110-1150 Telephone: (717) 909-4383 C. O -C-, .ca c- ` Fri --? NJ FT, `? rn g Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas PATRICIA A. FAHNESTOCK JAMES R. FAHNESTOCK 9 WATSON DRIVE CARLISLE, PA 17013 Plaintiff Vs. No 07-3386 CODY L. STRAYER 74 MCALISTER CHURCH ROAD CARLISLE, PA 17013 In CivilAction-Law Defendant To CODY L. STRAYER, You are hereby notified that PATRICIA A. FAHNESTOCK AND JAMES R. FAHNESTOCK the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. S/ 'e - (SEAL) Curtis R. Long, Prothonotary 4- Date JUNE 7,2007 BY Deputy Attorney: ROGER M. MORGENTHAL, ESQUIRE Name: Address: 2515 NORTH FRONT STREET HARRISBURG, PA 17110-1150 Attorney for: Plaintiff Telephone: 717-909-4383 Supreme Court ID No. 17143 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03386 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAHNESTOCK PATRICIA A ET AL VS STRAYER CODY L RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STRAYER CODY L the DEFENDANT , at 1200:00 HOURS, on the 12th day of June , 2007 at 74 MCALISTER CHURCH ROAD CARLISLE, PA 17013 CAROLYN BLAIN, GRANDMOTHER by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .41 Surcharge 10.00 .00 4I1E'6Z `?" 33.21 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/12/2007 ROGER MORGENTHA By. Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and JAMES R. FAHNESTOCK, Plaintiffs, CIVIL DIVISION NO. 07-3386 V. CODY L. STRAYER, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16203 A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and CIVIL DIVISION JAMES R. FAHNESTOCK, Plaintiffs, NO. 07-3386 V. CODY L. STRAYER, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Cody L. Strayer, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant A- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1ST day of April, 2008. Roger M. Morgenthal, Esquire 2515 North Front Street Harrisburg, PA 17110-1150 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant c', n? r` ?:? - '- - - ??_? ? ? ---? , ? :-i : , . r r N ?_ ?? _. y _? -.' .. 't . ""` ?.. `rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and JAMES R. FAHNESTOCK, Plaintiffs, CIVIL DIVISION NO. 07-3386 V. CODY L. STRAYER, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and CIVIL DIVISION JAMES R. FAHNESTOCK, Plaintiffs, NO. 07-3386 V. CODY L. STRAYER, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Patricia A. Fahnestock and James R. Fahnestock, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15t day of April, 2008. Roger M. Morgenthal, Esquire 2515 North Front Street Harrisburg, PA 17110-1150 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ' Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and CIVIL DIVISION JAMES R. FAHNESTOCK, Plaintiffs, NO. 07-3386 V. CODY L. STRAYER, Defendant. (Jury Trial Demanded) RULE AND NOW, this .1 rd day of A6 2008, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this an°I day of kori ( 12008. onot Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Roger M. Morgenthal, Esquire 2515 North Front Street Harrisburg, PA 17110-1150 r. 3 ..1 "' ...-{ 1µw - '.i,.3 „_ ??,l i-- ? r.? ?? ? v, r {?`? -. ..-, y __%. w _:-i ...? ?: C,, ? , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and CIVIL DIVISION JAMES R. FAHNESTOCK, Plaintiffs V. CODY L. STRAYER, NO. 07-3386 Defendant (Jury Trial Demanded) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SMIGEL, ANDERSON & SACKS, L.L.P. Roger M. Morgenthal, Esquire Attorney ID# 17143 Attorney for Plaintiff 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and : JAMES R. FAHNESTOCK, Plaintiffs VI. CODY L. STRAYER, Defendant CIVIL DIVISION NO. 07-3386 (Jury Trial Demanded) COMPLAINT AND NOW comes Plaintiffs, Patricia A. Fahnestock and James R. Fahnestock, by and through their attorney, Roger M. Morgenthal, Esquire, of Smigel, Anderson & Sacks LLP, to make the following Complaint against Defendant Cody L. Strayer: 1. Plaintiff Patricia A. Fahnestock is an adult individual who resides at 9 Watson Drive, Carlisle, PA 17013. 2. Plaintiff James R. Fahnestock is an adult individual who resides at 9 Watson Drive, Carlisle, PA 17013. 3. Plaintiff Patricia A. Fahnestock and Plaintiff James R. Fahnestock are wife and husband. 4. Defendant Cody L. Strayer is an adult individual who resides at 74 McAlister Church Road, Carlisle, PA 17013. 5. The facts and occurrences hereinafter related took place on June 13, 2005 on Crossroad School Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania. 2 6. At that time and place, Plaintiff Patricia Fahnestock was operating her motor vehicle, a 2003 Chevy Monte Carlo, northbound on Crossroad School Road. 7. At that time and place, Defendant Cody Strayer was operating his motor vehicle, a 1993 Ford Probe, southbound on Crossroad School Road. 8. Defendant Cody Strayer was operating his motor vehicle southbound at a high rate of speed and as he attempted to negotiate a right hand curve on Crossroad School Road, he lost control of his vehicle and traveled into the northbound lane of Crossroad School Road, directly into the path and colliding with the right side of Plaintiff Patricia Fahnestock's vehicle. 9. The collision caused Plaintiff Patricia Fahnestock's vehicle to leave her lane of traffic and travel across the southbound lane of Crossroad School Road, finally coming to rest on the shoulder of the southbound lane. . 10. As a result of the collision, Plaintiff Patricia Fahnestock suffered severe injuries and damages as are hereinafter set forth. COUNTI Negligence Patricia Fahnestock v. Cody L. Strayer 11. Each and every preceding paragraph of this Complaint is incorporated herein by reference as if the same were more fully set forth herein. 12. The foregoing incident and all the injuries and damages set forth hereinafter are the direct and proximate result of the negligence, careless, wanton and/or reckless manner in 3 which Defendant Cody Strayer operated his vehicle in that he: a. Failed to drive his vehicle at a reasonably safe speed so as to be able to negotiate a curve in the roadway in violation of 75 Pa. C.S. §3361 of the Motor Vehicle Code; b. Failed to operate his vehicle on the right side of the roadway in violation of 75 Pa. C.S. §3301 of the Motor Vehicle Code; c. Failed to have his vehicle under proper control; d. Inattentively operated his motor vehicle and failed to maintain a sharp lookout for the presence of other motor vehicles on the road; e. Failed to apply brakes in such a manner so his vehicle could be stopped in time to avoid the collision with Plaintiff Patricia Fahnestock's vehicle; and f. Failed to drive in a reasonable and safe manner as to be able to avoid damaging Plaintiff Patricia Fahnestock and her vehicle in violation of 75 Pa. C.S. §3714 of the Motor Vehicle Code; g. Operated his vehicle on the left side of the roadway when approaching and/or entering a curve in the roadway when he knew or reasonably should have known that vehicles such as Plaintiff Patricia Fahnestock's may be approaching from the opposite direction, in violation of 75 Pa. C.S. §3306 of the Motor Vehicle Code; and 4 h. Failed to exercise caution or care in operating his vehicle on Crossroad School Road on the date of the incident; and i. Failed to maintain his vehicle in a reasonable state of repair which would enable him to operate his motor vehicle safely on the roadway; 13. Solely as a direct and proximate result of the negligent acts of Defendant Cody Strayer, Plaintiff Patricia Fahnestock sustained the following injuries, all of which are or may be of a permanent and serious nature: a. Left knee contusion with pain, swelling and stiffness; b. Left knee debridement; C. Left knee arthritis with possible future surgical intervention; d. Cervical pain and stiffness; e. Low back pain and stiffness radiating into the thigh region; and f. Chronic pain 14. By further reason of the collision, Plaintiff Patricia Fahnestock has been damaged as follows: a. She has been afflicted with pain, suffering, and inconvenience; b. Her general health, strength, and vitality have been impaired; C. She has suffered a loss of life's pleasures; d. She has and may continue to be required to spend money for medicine, therapy and medical care/treatment; e. She may continue to suffer loss of income and impairment of earning capacity; and 5 f. She has and may continue to be limited in her normal activities. WHEREFORE Plaintiffs Patricia A. Fahnestock and James R. Fahnestock respectfully request this Honorable Court to enter judgment against the Defendant in an amount which exceeds the jurisdictional amount requiring arbitration referral by local rule. COUNT II Loss of Consortium James R. Fahnestock v. Cody L. Strayer 15. Each and every preceding paragraph of this Complaint is incorporated herein by reference as if the same were more fully set forth herein. 16. As a result of the aforementioned injuries sustained to his wife, Plaintiff Patricia Fahnestock, Plaintiff James Fahnestock has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which have been to his great detriment, and a claim is made therefore. WHEREFORE, Plaintiffs Patricia A. Fahnestock and James R. Fahnestock respectfully requests this Honorable Court to enter judgment against the Defendant in an amount which exceeds the jurisdictional amount requiring arbitration referral by local rule. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Roger M. Morgent 1, Esquire Attorney ID# 17143 Attorney for Plaintiff 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 (717) 234-2401 6 VERIFICATION The undersigned hereby verifies that she is the named Plaintiff in the foregoing action, that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief, and further states that false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Z/hdk?r Patricia A. Fahnestock 7 CERTIFICATE OF SERVICE I, Roger M. Morgenthal, attorney for Plaintiffs, hereby certify that on this date, a true and correct copy of the foregoing Complaint has been served upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage pre-paid, and addressed as follows:. Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS, L.L.P. Roger . Morgenthal, Esq ire Attorney ID# 17143 Attorney for Plaintiff 4431 North Front Street, 3`a Floor Harrisburg, PA 17110 (717) 234-2401 DATED: Y 3 010 r 8 ?? h J C„ C cf.a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and JAMES R. FAHNESTOCK, Plaintiffs, CIVIL DIVISION NO. 07-3386 V. CODY L. STRAYER, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. lL 4? 17. 1()t Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and CIVIL DIVISION JAMES R. FAHNESTOCK, Plaintiffs, NO. 07-3386 V. CODY L. STRAYER, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Cody L. Strayer, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 3. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 8 are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT 1- NEGLIGENCE 11. In response to paragraph 11, the Defendant reiterates and repeats all her responses in paragraphs 1 through 10 as if fully set forth at length herein. 12. Paragraph 12 and all of its subparts states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT II - LOSS OF CONSORTIUM 15. In response to paragraph 15, the Defendant reiterates and repeats all her responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Cody L. Strayer, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. w NEW MATTER 17. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 18. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 19. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 20. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Cody L. Strayer, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: o v ver #16203 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of , 2008. Roger M. Morgenthal, Esquire 4431 North Front Street, Third Floor Harrisburg, PA 17110-1778 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: L ?) Ch 4k-x? Kevin D. Rauch, Esquire Counsel for Defendant Q 6 C--' iV W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and JAMES R. FAHNESTOCK, Plaintiffs, V. CODY L. STRAYER, Defendant. CIVIL DIVISION NO. 07-3386 (Jury Trial Demanded) PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW COMES, Plaintiffs Patricia A. Fahnestock and James R. Fahnestock, by and through their attorneys, Smigel, Anderson & Sacks, LLP, to file the following Answer to Defendant's New Matter and avers in support as follows: NEW MATTER 17. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 18. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 19. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 20. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a 46 response is deemed required, the averments are specifically denied. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: June 3, 2008 4"16C Ro r M. Morgenthal, Esquire - ID# 17143 Darryl J. Liguori, Esquire - ID # 91715 Jessica E. Mercy, Esquire - ID # 206405 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and CIVIL DIVISION JAMES R. FAHNESTOCK, Plaintiffs : NO. 07-3386 V. CODY L. STRAYER, Defendant (Jury Trial Demanded) CERTIFICATE OF SERVICE I, Jessica E. Mercy, attorney for the Plaintiffs in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS, L.L.P. Date: June 3, 2008 Roger M. Morgenthal, Esquire - ID# 17143 Darryl J. Liguori, Esquire - ID # 91715 Jessica E. Mercy, Esquire - ID # 206405 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs r Q Ll?_?s.-1"mar= t' Gr -1Jr 5ERLAQ COUU' PEINNSDYLVAhIA IN THE COURT OF COMMOF PATRICIA A. FAHNESTOCK JAMES R. FAHNESTOCK, Plaintiffs, v. CODY L. STRAYER, Defendant. ? PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA end CIVIL DIVISION NO. 07-3386 MOTION TO STRIKE CASE LISTED FOR TRIAL (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 John A. Lucy, Esquire Pa. I.D. #203948 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16203 IN THE COURT OF COMMO PATRICIA A. FAHNESTOCK JAMES R. FAHNESTOCK, Plaintiffs, V. CODY L. STRAYER, Defendant. I PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ind CIVIL DIVISION NO. 07-3386 (Jury Trial Demanded) LI AND NOW, comes the Summers, McDonnell, Hudoc and files the following Motion as follows: 1. This case arises 13, 2005. )efendant, Cody L. Strayer, by and through his counsel, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, Strike Case Listed for Trial and in support thereof avers out of a motor vehicle accident which occurred on June 2. As a result of the accident, the Plaintiffs filed a Complaint alleging that the Defendant negligently caused hysical injuries to the Plaintiff, Patricia Fahnestock, and that her husband, James Fahn stock, sustained a loss of consortium. 3. In his Answer to he Complaint, the Defendant admitted liability in causing the accident. 4. In a letter dated counsel that she intended to lic counsel advised that the case December 9, 2011, Plaintiffs' counsel advised Defense t this matter for trial during the May 2011 term. Defense would not be ready for trial until Ms. Fahnestock's operative photographs were c the Independent Medical Exan attached as Exhibit "A".) 5. Upon receiving Plaintiffs' counsel via letter dal ned and reviewed by Nicholas S. Sotereanos, M.D., liner. (A copy of the correspondence between counsel is the operative photographs, Defense counsel notified January 20, 2011, that he had forwarded the films to Dr. Sotereanos and was awaiting an addendum to the IME report. (A copy of the correspondence between counsel is attached as Exhibit "B".) 6. On March 9, 2011, Plaintiffs' counsel filed a Praecipe for Listing Case for Trial, without any additional communication with Defense counsel regarding listing the case for trial following the Decomber 9, 2011, letter. 7. In the meantime counsel of record for the Defendant, Kevin D. Rauch, Esquire, has become attache for a trial in Adams County during the week of May 2, 2011. 8. Additionally, counsel for the Defendant, John A. Lucy, Esquire, who attended the video deposition Of the Plaintiffs' medical expert, has become attached for a trial in Cumberland County during the May 2011 term. 9. As such, Defense counsel is unavailable for trial during the May 2011 term, and requests this matter Oe continued until the July 2011 term. 10. Plaintiff's counsel does not concur in the relief sought. WHEREFORE, for the easons set forth above, the Defendant, Cody L. Strayer, respectfully requests this Hon rable Court enter an Order striking this matter from the May 2011 trial list, and continuing trial to the July 2011 term. Respectfully submitted, SUMMERS, McDON LL, HUDOCK, GUTHRIE & L, P. O. 'Rabch, Esquire Lucy, Esquire sel for Defendant SMIGEL, AND & SACKS LLP ATTORNEYS AT LAW Matthew Ridley, Esquire Summers, McDonnell, Hudoc 100 Sterling Parkway, Suite 3 Mechanicsburg, PA 17050 Re: Patricia A. Fa Docket No. 07 Dear Matt: I am writing in follow-t; discussed listing the above-refc me that you will not be ready f( client's operative reports and of Based on these representations, 2011 and, therefore, we will no the case for the April/May 2011 to complete all additional disco that time. Rhn?_tlri vn>> hay. anv nn J J to contact me. 'JRSON December 9, 2010 Guthrie & Skeel, L.L.P. JESSICA E. MERCY, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: jmercy@sasllp.com www.sasllp.com File No. 9816-1-8 tock and James R. Fahnestock v. Cody L. Strayer i to our telephone conversation of today, during which we enced case for trial. During that conversation, you represented to - trial in January 2011 because you need to obtain copies of my Lain a video deposition of your medical expert to be used at trial. realize that you will oppose listing the case for trial in January attempt to list the case for that term. However, we will be listing trial list. We strongly believe that this will give you ample time ery and obtain a video deposition of your medical expert before or -nnP,rns rP?.,ruing this matter; please do not hesitate Sincerely, L? Jessica E. Mercy JEM cc: Patricia & James F A PENNSYLV STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR GReGG A GUTHRIE PETER B. SKEEL PATRICK M CONNELLY* JEFFREY C CATANZARITE KEVIN D. RAUCH R ALSO ADMITTED IN W V ?'AL.SO ADMITTED IN NJ S UMMEF Gl Via Email Only Jmercy@saslip.com Jessica E. Mercy, Esquire S, MCDONNELL, HUDOCK, THRIE & SKEEL, P.C. ATTORNEYS AT LAW HARRISBURG OFFICE: JASON A. HINES Guy E. DLABS 100 STERLING PARKWAY MARK J. GOLEN SUITE 309 RoReRT J. FIsHeR JR MECHANICSBURG, PA 17050 JOHN A. Lucy PHONE: 717.901-5019 SETH T. BLACK" FAX. 717-92019129 MATTHEW RIDLEY GARyH A. GARTIN JULIA A. PHILLIPS DANIEL J. SAMMEL MICAH T. SAUL n/? JanuaN 20 2011 20 ERIN M. SPRINGER , + HEATHER A. GUIRAND KRISTA M. CORABI Smigel, Anderson & Sacks, LP 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 RE: Our File No. Dear Ms. Mercy: 16203 Enclosed please find copies of your client's January 9, 2004, and November 10, 2005, operative photographs. I have forwarded these materials to Dr. Sotereanos for an addendum. I will be sure to provide you with a copy upon receipt. In the meantime, should you have any questions or concerns, please feel free to contact me. Thank you. Very truly yours, Matthew Ridley MR:ces Enclosures PITTSBURGH GU PITTSBURGH, PA 113219 TE OF I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO STRIKE CASE LISTED FOR TRIAL has been mailed by U.S. Mail to counsel of record via first class mail, postage pr -paid, this 24TH day of March, 2011. Peter Good, Esquire S igel, Anderson & Sacks, LLP 44131 North Front Street, 3`d Floor Harrisburg, PA 17110 SUMMERS, ONNEL?, HUDOCK, GUTHRI SKEEL, P.J9 nrK'auch, Esquire i . Lucy, Esquire nsel for Defendant PATRICIA A. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF and JAMES R. FAHNESTOCK, CUMBERLAND COUNTY, PENN SYLVANIA Plaintiffs ; V. CIVIL ACTION - LAW , CODY L. STRAYER, ; rnw 3 =-n Defendant NO. 07-3386 CIVIL TERM zm =a -,r r- . CO ? <> a c , DEFENDANT'S MOTION TO STRIKE CASE LISTED FOR TRIAL ORDER OF COURT ? AND NOW, this 29 h day of March, 2011, upon consideration of Defendant 's Motion To Strike Case Listed for Trial, a Rule is hereby issued upon Pl aintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. Peter Good, Esq. 4431 North Front Street Third Floor Harrisburg, PA 17110 Attorney for Plaintiffs ? Kevin D. Rauch, Esq. John A. Lucy, Esq. 100 Sterling parkway Suite 306 Mechanicsburg, PA 17050 Attorneys for Defendant J, M 'D :rc BY THE COURT, PATRICIA A. FAHNESTOCK AND JAMES R. FAHNESTOCK, Defendants v CODY L. STRAYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - :LAW NO. 07-3386 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT c o rr, ? M Mr= r- ? r- ?o o" AND NOW, this 5th day of April, 2011, u rv m .. _ > _4 C-n consideration of the call of the civil trial list, and fo-KoQcind? a conference in chambers in which Plaintiffs were represented by Jessica E. Mercy, Esquire, and Defendant was represented by John A. Lucy, Esquire, and it being represented by Mr. Lucy that he has been attached in Cumberland County for another civil trial during the forthcoming term of court, and Defendant's counsel having requested a continuance to the July 2011 team of court for that reason, and Plaintiffs' counsel having objected to the continuance request, the Defendant's request for a continuance is granted over objection, and counsel are requested to relist this case for the July 2011 term of court. By the Court, /Jessica E. Mercy, Esquire River Chase Office Center 4431 North Front Street Harrisburg, PA 17110 / For Plaintiffs ? John A. Lucy, Esquire 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 For Defendant J. Isley 01 41-, Jr., J. M0,s1eJ C'OP ;? Court Administrator -in bin :mae CA/TL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and CIVIL DIVISION JAMES R. FAHNESTOCK, Plaintiffs, NO. 07-3386 V. CODY L. STRAYER, Defendant. (Jury Trial Demanded) PRAECIPE TO REMOVE CASE FROM TRIAL LIST TO THE PROTHONOTARY: t-? 7 77 - r Kindly remove the above-captioned case from the civil trial list for the July term. Respectfully submitted, Date: June 23, 2011 SMIGEL, ANDERSON & SACKS, L.L.P. By: Peter M. Good, Esquire - ID #64316 Jessica E. Mercy, Esquire - ID # 206405 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and JAMES R. FAHNESTOCK, Plaintiffs CIVIL DIVISION NO. 07-3386 V. CODY L. STRAYER, Defendant (Jury Trial Demanded) CERTIFICATE OF SERVICE I, Jessica E. Mercy, attorney for the Plaintiffs in the above-captioned matter, hereby certify that I this day served a true and correct copy of the Praecipe to Remove Case From Trial List upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: John Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 SMIGEL, ANDERSON & SACKS, L.L.P. Date: June 23, 2011 By: 4? - Peter M. Good, Esquire - ID #64316 Jessica E. Mercy, Esquire - ID # 206405 4431 North Front Street, 3ra Floor Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs =1 Ir r3 ,TRi O?JOTAk SMIGEL, ANDERSON & SACKS, LLP ' ` Peter M. Good, Esquire River Chase Office Center 4431 North Front Street, 3`a Floor ., Paood asasllp com Harrisburg PA 17110-1778 70 i 1 JUG- 2 Ali ! ! Jessica E. Mercy, Esquire Hait 234-2401 COUNTY jmercy@sasllp.com y;?. MBERLAND Attorneys for Plaintiff 2ENNSYl_ NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. FAHNESTOCK and JAMES R. FAHNESTOCK, Plaintiffs V. CODY L. STRAYER, Defendant CIVIL DIVISION NO. 07-3386 (Jury Trial Demanded) PRAECIPE TO DISCONTINUE/DISMISS TO THE PROTHONOTARY: Please mark this action settled, dismissed, and discontinued with prejudice. Respectfully submitted, Date: SMIGEL, ANDERSON & SACKS, LLP "7 J cS l? By: a Tukx--? Pet . Good, quire ID #64316 Jessica E. Mercy, Esquire ID 4206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jessica E. Mercy, Esquire, hereby certify that a copy of the Praecipe to Discontinue/Dismiss was served upon the following, by depositing a true and correct copy in the first-class mail, postage prepaid in an envelope addressed as follows: John A. Lucy, Esquire Matthew Ridley, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 SMIGEL, ANDERSON & SACKS, LLP By Date: EJ ? ?SI Pe M. Good, Esquire I.D. #64316 Jessica E. Mercy, Esquire I.D. #206405 River Chase Office Center, 3rd Flr. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff