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HomeMy WebLinkAbout07-5979u t. f 51 DONALD L. CHESTNUT Plaintiff ELI MACOY, Defendant V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION :No. 07- 59'7q NOTICE Civil Terrn 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 DONALD L. CHESTNUT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ELI MACOY, Defendant :CIVIL ACTION No. 07- 11N COMPLAINT 1. Plaintiff is Donald L. Chestnut, an adult individual residing at 5239 Heisey Road, Shippensburg, PA 17257. 2. Defendant is Eli Macoy, an adult individual residing at 10 Chestnut Road, Newburg, PA 17240. 3. On November 12, 2005, Chrystal Davis, the owner and operator of a 1995 Dodge Ram, was traveling West on Route 641 in West Pennsboro Township, Pennsylvania, at approximately 1:34 a.m., at a point slightly East of the intersection of Route 641 and Cemetery Road. 4. On November 12, 2005, the Plaintiff, Donald L. Chestnut, was a passenger in the vehicle being driven by Chrystal Davis, as previously described. 5. At that same time and place, the Defendant, Eli Macoy, the owner and operator of a 1999 Subaru Outback, was traveling West on Route 641 in Pennsboro Township, at approximately 1:34 a.m., at a point slightly West of Cemetery Road. 6. It was the duty of the Defendant, Eli Macoy, to operate the said motor vehicle with due care and caution, in accordance with the applicable statues and ordinances, in effect at the said time and place. 7. The driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis, as described above, attempted to make a lawful left turn on to Cemetery Road, and signaled her intention to make said left turn. 8. The driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis, as described above, ascertained that if all reasonable care were undertaken by drivers of vehicles in the oncoming lane, in accordance with the applicable statues and ordinances, in effect at the said time and place, Davis would be able to safely negotiate the left turn. 9. Defendant, who, by his own admission, was speeding, caused his automobile to collide with that of the driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis. 10. At the time and place aforesaid the Defendant, Eli Macoy, was guilty of one or more of the following careless and negligent acts or omissions: (a) Driving in excess of posted speed limits (b) Failing to observe oncoming traffic (c) Driving under the influence of alcohol 11. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the automobile being driven by the Defendant, Eli Macoy, violently collided with the automobile being driven by the driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis. 12. As a direct and proximate result of the aforesaid collision, the Plaintiff, Donald L. Chestnut, suffered injuries of a personal and pecuniary nature, including but not limited to, medical expenses, pain and suffering, and physical and emotional trauma, all of which are permanent. WHEREFORE the Plaintiff, Donald L. Chestnut, asks for a judgment in his favor and against the Defendant, Eli Macoy, in a sum in excess of $50,000. Respectfully Submitted, 1110 tv? ?? A. Q Date Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 VERIFICATION I verify that the statements made 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. §4904 relating to unswom falsification to authorities. 0? / -,?; 17 v - Date Donald L. Chestnut CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Eli Macoy via Sheriff's service and United States Mail, first class, postage pre-paid, on the 110 h day of O ( Jo b e , 2007, addressed as follows: Eli Macoy 10 Chestnut Road Newburg, PA 17240 TURO LAW OFFICES Michael M. Jeromins , Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner Supreme Court I.D. No. 92977 (? N C=3 C= 0 -n r ?^ ` v of 6) l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, CIVIL DIVISION Plaintiff, NO. 07-5979 V. PRAECIPE FOR APPEARANCE ELI MACOY, Defendant. (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 #15836 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, CIVIL DIVISION Plaintiff, V. NO. 07-5979 ELI MACOY, (Jury Trial Demanded) Defendant. 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, Eli Macoy, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, 4L.P. By: n D.' Rauch, Esquire ,isel for Defendant s 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 16TH day of October, 2007. Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,JKEEL, L.L.P. By: K vin D. Rauch, Esquire C unsel for Defendant C? O 'L3 C) .A r}? t;i'fl p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, Plaintiff, CIVIL DIVISION NO. 07-5979 V. ELI MACOY, Defendant V. CRYSTAL DAVIS, Additional Defendant. PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT, CRYSTAL DAVIS (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 #15836 11 u? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, CIVIL DIVISION Plaintiff, V. NO. 07-5979 ELI MACOY, (Jury Trial Demanded) Defendant, V. CRYSTAL DAVIS, Additional Defendant. PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO: THE PROTHONOTARY Kindly issue a Writ of Summons joining Crystal A. Davis as an Additional Defendant in the above-captioned matter. Crystal A. Davis resides at 5239 Heisey Road, Shippensburg, Pennsylvania 17257. Counsel for the Additional Defendant (if known and verified): unknown. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: n D. Mauch, Esquire nsel for Defendant W, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9th day of November, 2007. Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin-D.-Rduch, Esquire Cdunsel for Defendant '`' ? p is Q l - _ WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to CRYSTAL DAVIS, 5239 Heisey Road, Shippensburg, PA 17257 You are notified that ELI MACOY has joined you as an additional defendant in this action, which you are required to defend. Date: 11/13/07 n rtis R. Long, Prothonot y By: e.. 6A Deputy (Seal) No. 07-5979 Civil Term DONALD L. CHESTNUT vs ELI MACOY Defendant CRYSTAL DAVIS 5239 Heisey Road Shippensburg, PA 17257 Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 717-901-5916 ID# 83058 Attorney for Defendant ?? ro? ? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, Plaintiff, CIVIL DIVISION NO. 07-5979 V. ELI MACOY, Defendant, V. CRYSTAL DAVIS, Additional Defendant. PRAECIPE TO REISSUE WRIT TO JOIN ADDITIONAL DEFENDANT, CRYSTAL DAVIS (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 #15836 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, CIVIL DIVISION Plaintiff, V. NO. 07-5979 ELI MACOY, (Jury Trial Demanded) Defendant, V. CRYSTAL DAVIS, Additional Defendant. PRAECIPE TO REISSUE WRIT TO JOIN ADDITIONAL DEFENDANT. CRYSTAL DAVIS TO: THE PROTHONOTARY Kindly reissue the Writ of Summons joining Crystal A. Davis as an Additional Defendant in the above-captioned matter. Crystal A. Davis resides at 5239 Heisey Road, Shippensburg, Pennsylvania 17257. Counsel for the Additional Defendant (if known and verified): unknown. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & WEEL, L.L.P l By: Kevin D. Ra ch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO REISSUE WRIT TO JOIN ADDITIONAL DEFENDANT, CRYSTAL DAVIS, has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 4th day of December, 2007. Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: n D. Rauch, Esquire nsel for Defendant ? r?a ??, C? _ ? ? ^? ,?,.fy "" r,,, } ( .S,' i 7"w "i ? Al . : i r` ; '?,., t ` "'C? r _. ?w? : ?'? ?' i ? ""' y ? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, Plaintiff, V. ELI MACOY, Defendant. TO: Plaintiff You are hereby noted 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. IL4 'P "? 1 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. CIVIL DIVISION NO. 07-5979 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 #15836 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, CIVIL DIVISION Plaintiff, V. NO. 07-5979 ELI MACOY, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Eli Macoy, by and through his 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. Admitted. 3. Admitted in part, denied in part. It is admitted that the 1995 Dodge Ram was traveling west on Route 641 at approximately 1:30 a.m. As to the remainder of the allegations in paragraph 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. Admitted. 6. Admitted. 7. Paragraph 7 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. 8. Paragraph 8 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. 9. Admitted in part, denied in part. It is admitted that a collision occurred between the vehicles identified. The remainder of the allegations in paragraph 9 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 and all of its subparts state legal conclusions 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. 11. Paragraph 11 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. 12. Paragraph 12 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, Eli Macoy, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. 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. 14. 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. 15. To the extent that the Plaintiff has selected the limited tort option or is 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. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Eli Macoy, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. (, '-?) ?` & , ? At 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: L d ?- L t -I/ 1 17- Eli Macoy #15836 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 pCem!1?/ , 2007. Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant t ?..,. ,?. -?? ?:? ..? °: ?s ?? CASE NO: 2007-05979 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHESTNUT DONALD L VS MACOY ELI WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACOY ELI the DEFENDANT , at 1325:00 HOURS, on the 12th day of October , 2007 at 10 CHESTNUT ROAD NEWBURG, PA 17240 by handing to DOMINIQUE HENDERSON, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.24 Affidavit .00 Surcharge 10.00 .00 l??6z/0 ? 46.24 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/15/2007 TURO LAW OFFICES By. 4"reputy' Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, Plaintiff, V. ELI MACOY, Defendant CIVIL DIVISION NO. 07-5979 COMPLAINT TO JOIN ADDITIONAL DEFENDANT, CRYSTAL DAVIS (Jury Trial Demanded) V. CRYSTAL DAVIS, Additional Defendant. Filed on Behalf of the Defendant TO: Plaintiff and Additional Defendant You are hereby notified to file a written response to the enclosed Complaint to Join Additional Defendant within twenty (20) days from service hereof or a judgment may be ent red against you. d FA- li), L Slimmers, McDonnell, Huld?oock, Guthrie & Skeel, L.L.P. 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 #15836 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, CIVIL DIVISION Plaintiff, V. NO. 07-5979 ELI MACOY, (Jury Trial Demanded) Defendant, V. CRYSTAL DAVIS, Additional Defendant. 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 claim 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 LAWYER REFERRAL SERVICEDAUPHIN COUNTY 32 S. Bedford Street Carlisle, PA 17013 Telephone Number: 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las pagina siguientes, usted tiene viente (20) dias do plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puded entar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes para usted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, Plaintiff, CIVIL DIVISION V. ELI MACOY, Defendant, V. CRYSTAL DAVIS, Additional Defendant. NO. 07-5979 (Jury Trial Demanded) COMPLAINT TO JOIN ADDITIONAL DEFENDANT, CRYSTAL DAVIS AND NOW, comes the Defendant, Eli Macoy, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. and Kevin D. Rauch, Esquire and files the Complaint to join Additional Defendant, and in support thereof avers as follows: 1. Plaintiff, Donald L. Chestnut, filed suit with the above term and number against the original Defendant, Eli Macoy, to recover for personal injuries allegedly sustained in a motor vehicle accident occurring on November 12, 2005 on Route 641 in Pennsboro Township, Pennsylvania. (A true and correct copy of the Plaintiff's Complaint is attached hereto as Exhibit "A".) 2. Defendant, Eli Macoy, filed an Answer and New Matter to the Plaintiffs Complaint denying any and all liability to the Plaintiff in this matter. (A true and correct copy of Defendant's Answer and New Matter is attached hereto as Exhibit "B".) 3. If the Plaintiff sustained injuries and damages alleged in the Complaint, which is attributed to the actions of the original Defendant, then it is averred and believed that said injuries and damages were the direct and approximate results of the carelessness, negligence, and recklessness of Crystal Davis, generally and in the following particulars: a. In operating her motor vehicle without the use of illuminated headlights at nighttime; b. In creating a sudden emergency would cause the motor vehicle accident; C. In proceeding along westbound Route 641 in her truck in an unsafe manner; d. In entering Defendant's lane of travel in her truck in such a manner as to cause a sudden emergency for the vehicle being operated by the Defendant; e. In failing to operate her truck in a reasonably safe manner at the time of the accident; f. In failing to operate her truck in a reasonable prudent and a cautious manner under the circumstances and conditions that in their existent; g. In failing to use her turn signal while attempting to make a left hand turn; h. In Failing to yield the right-of-way to Defendant's vehicle; i. In Failing to give an appropriate signal of intent to enter into Defendant's lane of travel; j. In failing to keep a reasonable lookout; and k. In failing to observe the Plaintiffs vehicle upon the roadway. 4. If the Plaintiff sustained injuries and damages alleged in the Complaint, which is not admitted by the original Defendant, then it is averred that the Additional Defendant, Crystal Davis, is solely liable to the Plaintiff, or in the alternative, this Additional Defendant is jointly and severally liable to the Plaintiff with the original Defendant, and by this joinder, the original Defendant asserts any and all rights of contribution, indemnity, and/or liability over to the Additional Defendant. WHEREFORE, Defendant, Eli Macoy, demands judgment in his favor and against the Additional Defendant, Crystal Davis. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By evin D. Rauch, Esquire Counsel for Defendant, Eli Macoy VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANT 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 COMPLAINT TO JOIN ADDITIONAL DEFENDANT is that of counsel and not of the Defendant. Defendant has read the COMPLAINT TO JOIN ADDITIONAL DEFENDANT and to the extent that the COMPLAINT TO JOIN ADDITIONAL DEFENDANT 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 COMPLAINT TO JOIN ADDITIONAL DEFENDANT 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. Ali Date: n ?D ft J L Eli Macoy #15836 A Oct ,15 07 09:57a D. Henderson DONALD L. CHESTNUT Plaintiff 1 it v. ELI MACOY, Defendant 7174236219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL ACTION No. 07- COMPLAINT 1. Plaintiff is Donald L. Chestnut, an adult individual residing at 5239 Heisey Road, Shippensburg, PA 17257. 2. Defendant is Eli Macoy, an adult individual residing at 10 Chestnut Road, Newburg, PA 17240. 3. On November 12, 2005, Chrystal Davis, the owner and operator of a 1995 Dodge Ram, was traveling West on Route 641 in West Pennsboro Township, Pennsylvania, at approximately 1:34 a.m., at a point slightly East of the intersection of Route 641 and Cemetery Road. 4. On November 12, 2005, the Plaintiff, Donald L. Chestnut, was a passenger in the vehicle being driven by Chrystal Davis, as previously described. 5. At that same time and place, the Defendant, Eli Macoy, the owner and operator of a 1999 Subaru Outback, was traveling West on Route 641 in Pennsboro Township, at approximately 1:34 am., at a point slightly West of Cemetery Road. 6. It was the duty of the Defendant, Eli Macoy, to operate the said motor vehicle with due care and caution, in accordance with the applicable statues and ordinances, in effect athe said time and place. P.5 Oct.15 07 09:57a D. Henderson 7174236219 p,6 ±I 7. The driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis, as described above, attempted to make a lawful left turn on to Cemetery Road, and signaled her intention to make said left turn. 8. The driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis, as described above, ascertained that if all reasonable care were undertaken by drivers of vehicles in the oncoming lane, in accordance with the applicable statues and ordinances, in effect at the said time and place, Davis would be able to safely negotiate the left turn. 9. Defendant, who, by his own admission, was speeding, caused his automobile to collide with that of the driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis. 10. At the time and place aforesaid the Defendant, Eli Macoy, was guilty of one or more of the following careless and negligent acts or omissions: (a) Driving in excess of posted speed limits (b) Failing to observe oncoming traffic (c) Driving under the influence of alcohol 11. As a direct and proximate result of one or more of the aforesaid careless and negligent acts or omissions, the automobile being driven by the Defendant, Eli Macoy, violently collided with the automobile being driven by the driver of the vehicle in which Plaintiff Donald L. Chestnut was a passenger, Chrystal Davis. 12. As a direct and proximate result of the aforesaid collision, the Plaintiff, Donald L. Chestnut, suffered injuries of a personal and pecuniary nature, including but not limited to, medical expenses, pain and suffering, and physical and emotional trauma, all of which are permanent. Oct,15 07 09:57a D. Henderson 7174236219 p.7 l WHEREFORE the Plaintiff, Donald L. Chestnut, asks for a judgment in his favor and II against the Defendant, Eli Macoy, in a sum in excess of $50,000. iLl?? 1v? Date Respectfully Submitted, Michael" M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 Oct.15 07 09:58a D. Henderson 7174236219 I! VERIFICATION p.8 I verify that the statements made 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. §4904 relating to unswom falsification to authorities. Date Donald L. Chestnut Oct,15 07 09:58a D. Henderson 7174236219 P.9 j? - CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Eli Macoy via Sheriff's service and United States Mail, first class, postage pre-paid, on the 'h 4 day of O c to ? e t , 2007, addressed as follows: Eli Macoy 10 Chestnut Road Newburg, PA 17240 TURO LAW OFFICES 441. Michael M. Jerominsld; Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner Supreme Court I.D. No. 92977 IS 83? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, DONALD L. CHESTNUT, Plaintiff, V. ELI MACOY, Defendant. CIVIL DIVISION NO. 07-5979 d? - ' Q to n? Z Pe SYWyAI w .? ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: TO: Plaintiff 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. P 'cl 1? ? ?4- - Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 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 #15836 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, CIVIL DIVISION Plaintiff, V. NO. 07-5979 ELI MACOY, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Eli Macoy, by and through his 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. Admitted. 3. Admitted in part, denied in part. It is admitted that the 1995 Dodge Ram was traveling west on Route 641 at approximately 1:30 a.m. As to the remainder of the allegations in paragraph 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. Admitted. 6. Admitted. 7. Paragraph 7 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. 8. Paragraph 8 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. 9. Admitted in part, denied in part. It is admitted that a collision occurred between the vehicles identified. The remainder of the allegations in paragraph 9 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said I averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 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. 12. Paragraph 12 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, Eli Macoy, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. 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. 14. 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. 15. To the extent that the Plaintiff has selected the limited tort option or is 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. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Eli Macoy, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: I (,,,, ) ?, " & ? ? A. 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 counse m ma mg t is ?Cffi avi . -- 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: III L-7 e Fc tkd Eli Macoy #15836 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 3 _ day of _ aanNIg,-/ , 2007. Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 SI IMMERS,McDONNNELL, HU.D0CK, GUTHRIE & SKEEL, L.L.P. By: (L Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANT, CRYSTAL DAVIS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 13th day of March, 2008. John M. Shugars, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Crystal Davis 5239 Heisey Road Shippensburg, PA 17257 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: (j1_ ?) L I ? L, Kevin D. Rauch, Esquire Counsel for Defendant LJ 71 7 -n r`rYo 0 . -.-% 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Additional Defendant, Crystal Davis. The Additional Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, Date: April 16, 2008 B LAW OFFICE OF?SN f & DORER Donald R. Dorer, Esquire Attorney for Additional Defendant Identification No. 39126 N + - 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff and Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant, EllAf#cc Date: April 16, 2008 Donald R. borer, Esquire Attorney for Additional Defendant - C"N _r, 6. 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT TO JOIN ADDITIONAL DEFENDANT, CRYSTAL DAVIS, WITH NEW MATTER 1. Admitted as stated. 2. Admitted as stated. 3. Paragraph 3 sets forth a conclusion of law to which no response is required. Should any of the allegations contained therein be deemed factual in nature, said allegations are denied pursuant to Pa. R.C.P. 1029(e). 4. Paragraph 4 sets forth a conclusion of law to which no response is required. Should any of the allegations contained therein be deemed factual in nature, said allegations are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Additional Defendant, Crystal Davis, respectfully requests your Honorable Court to dismiss the Complaint to Join Additional Defendant, Crystal Davis, with prejudice. NEW MATTER 5. Paragraphs 1 through 4 are incorporated herein by reference, and made a part hereof as if set forth in full. 6. The claims of Defendant, Eli Macoy, may be barred, in whole or in part, by virtue of a Pro Rata Joint Tortfeasor Release executed by Plaintiff, Donald L. Chestnut, on February 16, 2007 attached hereto as Exhibit "A", and incorporated by reference as if more fully set forth herein. WHEREFORE, Additional Defendant, Crystal Davis, respectfully requests your Honorable Court to dismiss the Complaint to Join Additional Defendant, Crystal Davis, with prejudice. Respectfully submitted, Date: April 23, 2008 LAW OFFICE OF By:a Donald R. Dorer, E4f6ire Attorney for Additional Defendant Identification No. 39126 2 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Additional Defendant, Crystal Davis, in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: April 23, 2008 Donald R. Dorer, Esquire Attorney for Additional Defendant Identification No. 39126 .1c ,xh)bf? /? Apr 09 2008 10:40RM NATIONWIDE INS ,Feb 13 2007 10:47 NATIONWIDE INS 717 651 5448 p.4 717 651 5448 p.3 PILO RATA JOINT TORTFEASOR RBLIEASE KNOW ALL MEN BY THESE PRESENTS, That I/we, Donald Chestnut, being of lawful age, and for and in consideration of the sum of Dollars ($23,000) to Donald Chestmtt, in hard paid by Nadonwude Mutual Fire Insurance Company, the receipt of wbieh is hereby acknowledged, have remised, released, and forever discharged and by these presents do lbr myselVourselves, my/our hejra. mtecuters, adminiuvators and assigns, remise, roken and forever discharge the said Chrystal A. Davis and hislberAtmirbob% executors and admilnisuvws, stmwessors raid assigns, of acrd ft m any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, and all consequential damage on rae:nts account of or in arty way growing out of, any and all mown avid =known puawnsl ir#uries inehtdhrng future develop thereof and property damage resulting or to result ft m. an accident that occurred on or about the lVh Day ofNovember, 2045, at or now Newrille, Cumberland County, PA. It is Rrther agreed that this setdentent is in compromise of a disputed claim and is not to be construed as an admission of liability on the part of the party or parties hereby released by whom liability Is expressly denied. Notwithstanding the foregoing provisions, it is agreed between oho parties hereto tbW Me kqured person's total damages retmVerabie again all persons turd emfdes jointly or severally liable therefore, whetter in tort cr otlrarwise, we hereby reduced by Chryetal A. Davis' Pro Rata (propordonate) share of legal Nobility, much that no rent of oorntriburdoo or rw,ovevy of any kind exists in arty party against Claysoal A. Davis arising out of this incident. h Is further understood and agreed that Vwe we responsible for the payment of any lien or charges against the embment sum, including but not llteited to Worker's Compensation liens, liens ofibe Department of Public Welfare or liars arising out of any other form of public assistance. Should any person or aunty make a claim for payment of any liens or charges spinet the released parties, I hereby agree to indiomnity and bold harmless oho released parties, from any and all Ilona, chsrgas, faea, attorney's fees, cost, interest and other sums. This release contains the ENTIRE AGREEMHNi' between the parties hereto, and the terma of this release are convactwl and not a mere recital. Uwe further state that Ilwe have c4miktlly read the foregoing release and know the comtr nts thereof, and I/we executed the same as my/oar own free act. IN WITNESS WHEREOF, I/we have hereunto at my/our hand and seal this dry 2007 NATIONWIDE MUTUAL INSURANCE COMPANY Susan Havbrstick Claim number 5837DB3D3691112200541 srtr? leo 2! (L.S.) Any person who knowingly and with intent to de5aud any inswagce company or other person film an application for Insurance or statement of claim containing any materially false information or conceals fur the purpose of misleadiog, information concerning any fact material that reoo commits a fraudulent Insurstrce act, which Is a crime and subjectm such a person to criminal and civil penalties. I . . 1 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint to Join Additional Defendant, Crystal Davis, with New Matter to be served by regular first class mail upon: Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff and Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant, Eli Macoy Date: April 23, 2008 Donald R. Dor squire Attorney for Additional Defendant (? ? C-_ ? F-? ?. ? ???:a - .A -r ??J _ - ?.., } r.a. _ "? `r,' ?t ?_.? ?? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05979 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHESTNUT DONALD L VS MACOY ELI R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: DAVIS CRYSTAL but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On April 23rd , 2008 , this office was in receipt of t attached return from FRANKLIN Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Dep Franklin Co 41.10 Sheriff of Cumberland County Postage 1.16 79.26 9. 04/23/2008 SUMMERS MCDONNEL HUDOCK Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Donald L. Chestnut VS Eli Macoy VS. Crystal Davis Now, Dscernber 6, 2007 hereby deputize the Sheriff of No. 07-5979civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20 , at 33'? o'clock M. served the within F(Lp,At 414 Co-j -al upon CL A at Sa31 Fr,IS(. RDA StSgG- PA - l-z-f? by handing to NA1r%-(L , a wa-v? 0? Sy-mac N s copy of the original and made known to o- the contents thereof. Sworn and gubscribed efore me this day of , 2007 Richard D. Mc arty, Notary Public Chernbersburg Boro, Franklin County My Commission Expires Jan. 29, 2011 So answers, Sheriff o County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, Plaintiff, v. ELI MACOY, Defendant, CIVIL DIVISION NO. 07-5979 ANSWER TO ADDITIONAL DEFENDANT, CRYSTAL DAVIS' NEW MATTER V. CRYSTAL DAVIS, Additional Defendant. (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 #15836 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. CHESTNUT, Plaintiff, CIVIL DIVISION V. ELI MACOY, Defendant, V. CRYSTAL DAVIS, Additional Defendant. NO. 07-5979 (Jury Trial Demanded) ANSWER TO ADDITIONAL DEFENDANT CRYSTAL DAVIS' NEW MATTER AND NOW, comes the Defendant, Eli Macoy, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer to Additional Defendant, Crystal Davis' New Matter and in support thereof avers as follows: 5. Paragraph 5 is an incorporation paragraph to which no response is required. 6. Paragraph 6 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, Eli Macoy, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY: eD. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER TO ADDITIONAL DEFENDANT, CRYSTAL DAVIS' NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 2ND day of May, 2008. John M. Shugars, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Attorney for Plaintiff) Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (Attorney for Additional Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY: (,(A-A- 1 J ?Kevin D. Rauch, Esquire Counsel for Defendant (") n,,? C=:1 <? a '?' T ?._ t .,,, rw. ?° q ' ??7 ? ? 1 v ?:: J .,? 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Answer to Comnlaint to Join Additional Defendant Crystal Davis with New Matter, for the attorney's Verification that had been filed with the Court on or about April 24, 2008. Respectfully submitted, CF SI'A' D1(R & DORER Date: MaL29 2008 Donald R. Dorer, Es ire Attorney for Additional Defendant Identification No. 19126 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF VS. ELI MACOY, DEFENDANT VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5979 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATIOK I Chrystal Davis verify that the statements made in the foregoing Answer to Com laint to Join Additional Defendant C stal Davis with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated:-?2 2- 2 v cJ Chrystal D is IV • . . 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF VS. ELI MACOY, DEFENDANT VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5979 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Prae?, cine to Substitute Verification to be served by regular first class mail upon: John M. Shugars, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff and Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant, i Macoy Date:--MU-2008 ?Donald R. Dorer, Esquire Attorney for Additional Defendant ?? "v C_? ?.. _...? ;?;?_' !? _ ? ?"?,.'? ? 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF VS. ELI MACOY, DEFENDANT VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5979 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated between counsel for the parties hereto that the above caption be revised to read as follows: Donald L. Chestnut v. Eli Macoy v. Chrystal Davis. TUR OFFICES Lorz?,v ANo2EwS'irpar/? a3?- 28 South Pitt Street Carlisle, PA 17013 Telephone No. (717) 245-9688 Attorney for Plaints Court I.11 .o3iYS7 Date: ar/, 3/4'k SUMMERS, MCDONNELL, HUDOCK, GUT IE & S EL, T Kevin D. Rauch, Esquire 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Court I.D. 83058 LA FICE O S & DORER f Donald R. Dorer, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Attorney for Additional Defendant Court I.D. 39126 Z' v Date: 7 Date:_ G I «' 1 --C6 i.. . . 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Crystal Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Stipulation of Counsel to be served by regular first class mail upon: Lorin Andrew Snyder, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff and Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 r Attorneyfor Defendant, Eli MacX( ? // Date: July 2 2008 Donald R. borer Esquire Attorney for Additional Defendant S= -?. C= C.. to ON d ?2 -o F iii :Ti -G 5 ,JUG 0 72008 08HB-00062 DONALD L. CHESTNUT, PLAINTIFF VS. ELI MACOY, DEFENDANT VS. CRYSTAL DAMS, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5979 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW this q day of ?.stv , 2008, upon consideration of the within Stipulation of Counsel, it is hereby ORDERED and DIRECTED that the caption of the case is revised to read as follows: Donald L. Chestnut v. Eli Macoy v. Chrystal Davis. It is so ordered. ?w ?AJ clib c ? :6 Wd 6- lAr UK Aw"WAr 08HB-00062 (08-008690) LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Chrystal Davis DONALD L. CHESTNUT, PLAINTIFF i i 26 10 Ai?ir- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CHRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR STATUS CONFERENCE OF ADDITIONAL DEFENDANT, CHRYSTAL DAVIS AND NOW, comes the Additional Defendant, Chrystal Davis, by and through her attorney, Donald R. Dorer, Esquire, and respectfully represents as follows: 1. This lawsuit, initiated in or about October, 2007, arises out of an automobile accident occurring on November 12, 2005. 2. Counsel for the Plaintiff, Donald L. Chestnut, is Lorin Andrew Snyder, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, Pennsylvania 17013, telephone (717) 245-9688. 3. Counsel for the Defendant, Eli Macoy, is John A. Lucy, Esquire, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., 100 Sterling Parkway, Suite 306, Mechanicsburg, Pennsylvania 17050, telephone (717) 901-5916. 4. Undersigned counsel for Additional Defendant, Chrystal Davis, is Donald R. Dorer, Esquire, Law Office of Snyder & Dorer, 214 Senate Avenue, Suite 600, Camp Hill, Pennsylvania 17011, telephone (717) 731-0988. 5. Pleadings were closed on or about May 2, 2008. 6. The discovery between the parties hereto is ongoing. The parties submitted to discovery depositions on August 7, 2008. Counsel for Defendant, Eli Macoy, has recently requested that the Plaintiff submit to an independent medical examination. It is believed that the parties may desire to complete additional discovery before trial. 7. This matter has not yet been assigned to a Judge for disposition. However, the Honorable M.L. Ebert, Jr. had signed an Order of Court on July 9, 2008 regarding a Stipulation of Counsel filed on or about July 3, 2008. 8. By letter dated March 5, 2010, counsel for Additional Defendant notified counsel for the Plaintiff and Defendant of his intention to file a Motion for Pre-trial Status Conference. The letter dated March 5, 2010 is attached hereto as Exhibit "A". No objection was received by counsel for Plaintiff or Defendant. 9. Additional Defendant, Chrystal Davis, is requesting the conducting of a Status Conference to set forth appropriate deadlines with regard to the completion of any further discovery which may be deemed necessary by any of the other parties hereto, and to set a trial date, in the discretion of the Court. 2 WHEREFORE, for the foregoing reasons, this Honorable Court is respectfully requested to schedule a Status Conference in the above matter. Respectfully submitted, ICE QF SNYMI & DORER Date: April 7. 2010 09nald R. Dorer, Esquire Attorney for Additional Defendant Identification No. 39126 r LAW OFFICE OF SNYDER & DORER LAW OFFICE OF JILL R. SNYDER Rethlehe in. PA 18017 Emplo}ces of Nationwide Mutual Insurance Company@ Not a Partnership SNYDER & ANDREWS Wexford, PA 15090 SNYDER & BARRETT Philadelphia, PA 19103 SNYDER & VERBEKE CONSHOHOC KEN, PA 19428 214 SENATE AVENUE, SUITE 600 CAMP HILL, PENNSYLVANIA 17011 (717) 731-0988 (FAX) (717) 731-0987 SNYDER & ASSOCIATES Plains, PA 18705 SNYDER & SHAFFER DOYLESTOWN.PA 18901 REPLY TO: CAMP HILL DONALD R. DORER JOANNE E. KINZEL Refer to: 08-008690 08HB-00062 March 5, 2010 Lorin Andrew Snyder, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Re: Donald L. Chestnut v. Eli Macoy v. Chrystal Davis Cumberland County: No. 07-5979 Dear Counsel, PARALEGALS CINDY M. BOOK LISA S. KEYTON Please be advised that it is my intention, consistent with my letters of late last year, to file a Motion for Pre-trial Status Conference with the Court within approximately ten (10) days. Please advise your concurrence/non-concurrence in advance of that time frame; if I do not receive a response I will presume your non-concurrence. While apparent progress is finally being made toward arranging an independent medical examination of the Plaintiff, I have of late seen suggestion that the Plaintiff may soon be departing the Central Pennsylvania area. Such development strikes me as all the more reason to seek judicial intervention at this juncture. P age 2 08HB-00062 (08-008690) Counsel of RecQrd Marc Please advise promptly. i erely ours D nald R. Dorer DRD:lsk 08HB-00062 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Additional Defendant, Chrysta/ Davis DONALD L. CHESTNUT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELI MACOY, DEFENDANT No. 07-5979 VS. CHRYSTAL DAVIS, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Additional Defendant herein, and that he caused a true and correct copy of the attached Motion for Status Conference of Additional Defendant Chrvstal Davis to be served by regular first class mail upon: Lorin Andrew Snyder, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff and John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant, acoy Date:April 7, 2010 Donald R. Dorer,' Esquire Attorney for Additional Defendant APR U y ZULU I 08HB-00062 (08-008690) DONALD L. CHESTNUT, PLAINTIFF VS. ELI MACOY, DEFENDANT VS. CHRYSTAL DAVIS, ADDITIONAL DEFENDANT 1=ILEL _1,F;1:?k:E- 2010 APR 12 AM IU: 35 i'u IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5979 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2010, upon consideration of the within Motion for Status Conference of Additional Defendant, Chrystal Davis, it is hereby ORDERED that a Status Conference shall be held on the day of , 2010, at `?,N A.M. in Chambers of the Cumberland County Courthouse, One Courthouse Square Carlisle, Pennsylvania 17013. It is so ordered. Co /n,& L UL -b-bo 2>c2_ P4-kt J. ?,y BY THE COURT, DONALD L. CHESTNUT, PLAINTIFF V. ELI MACOY, DEFENDANT V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRYSTAL DAVIS, ADDITIONAL DEFENDANT NO. 07-5979 CIVIL IN RE: CASE MANAGEMENT ORDER OF COURT K 05 z C?"^_'f AND NOW, this 14th day of May, 2010, after conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that: 1. All discovery in the above matter will be completed on or before September 30, 2010; 2. All Pre-Trial Motions will be filed by October 15, 2010; x -c m cn `'n v Him C {C=,, 3. This case shall be tried during the December 2010 Civil Term of Court which begins on December 6, 2010. Counsel will ensure that the case is set down for the trial list on or before October 11, 2010, and called for trial during the call of the Civil Trial List on November 2, 2010. 4. Pretrial Conference in this matter will take place on November 10, 2010. 5. Counsel will file Pre-Trial Memorandum on or before November 30, 2010, which shall contain the following: a. A concise summary of the nature of the case. b. A list of all witnesses who may be called to testify at trial by name and address. Counsel should expect witnesses not listed to be precluded from testifying at trial. c. A list of all exhibits the party intends to offer into evidence. All exhibits shall be pre-numbered and shall be exchanged among counsel prior to the conference. Counsel should expect any exhibit not listed to be precluded at trial. d. Plaintiff shall list an itemization of injuries or damages sustained together with all special damages claimed by category and amount. This list shall include as appropriate, computations of all past lost earnings and future lost earning capacity or medical expenses together with any other unliquidated damages claimed; e. Defendant shall state its position regarding damages and shall identify all applicable insurance carriers, together with applicable limits of liability; f. Each counsel shall provide an estimate of the anticipated length of trial. 6. All counsel shall consider themselves attached for Trial of this matter on or during the December 2010 Term of Civil Trial which begins December 6, 2010. By the Court, ?* - 4,' W M. L. Ebert, Jr., I J. -? Lorin A. Snyder, Esquire Attorney for Plaintiff John A. Lucy, Esquire Attorney for Defendant /uonald R. Dorer, Esquire Attorney for Additional Defendant Court Administrator bAS S1.114110 bas eaP t-F_S'aAi'L DONALD L. CHESTNUT, Plaintiff v ELI MACOY, j Defendant, v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 5979 CIVIL TERM CHRYSTAL DAVIS, Additional Defendant. : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff, with prejudice. Respectfully submitted, TURO ROBINSON //`,)4/,o Date Lorin An w Snyder, PA I D 03199 12 Pitt Street Carlisle, PA 17013,/ Attomey for Plaintiff C-,) c C) m = C) v y¢, C7 CDC rc ?n ?