Loading...
HomeMy WebLinkAbout08-0780CdMAON'WEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Nelson Chambers 1121 Florabunda Lane, Mechanicsburg, PA 17055 01/14/2008 NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 08 - ?7'80 C ?vi I Term 09-3-03 Susan K. Day Affordable 50's v. Nelson Chambers TU-R APP CV20 07-125 IT 20 be signed ONLY when this notation is required under Pa. David E. Cook, Esq., Attorney -17 -Appellant 'JP. No, 10088 This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule Affordable 50's appepee(s), to file a complaint in this upon , upped Name of appeiiee(s) (Common Pleas No. i?yi 1 Fran ) within twenty (20) days after service entry of ' of non pros Si~ of appeN&W or his attomey or agent RULE: To Affordable 50's appe(s) N&7w d appeilpefs) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of malilin% Date: F-eb J , 20-2L - awn"e a Protho WWy o? Dsvrer AOPC 312-EO PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST 6E RLED WiTi /N TEN (10) GAYS AFTER filing the notice of appeal. Check applicabie boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear of affirm that I served ? a copy of the Nitice of Appeal, Common Pleas No , upon the District Justice designated therein on (date of service) ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appelle, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that 1 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _____ 20 ? by personal service ? by (certified) (registered) marl, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was ;ratde+ Title of official My commission expires ---- 2u Signature of 01 J oo ('? C d 4 '*7 g 00 w b ? . P p cflMMONWEALTH OF PENT` LVANIA 1-nl Wrv nG• CU1lWZRLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 KILL ST, BOZ 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 ATTORNEY DEF PRIVATE : DAVID E. COOK 45 N GEORGE ST 110 S NORTHERN NY YORK, PA 17402 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 5, 291.2, Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 5,071.70 $ 219. 54 $ .08 $ • $ 5,291.241 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROWTHE COURT OF COMMON PLEAS AND Nb FURTHER PROCESS MAV BEISSUED BY THE MAGISTERIAL DISTRICT JUDGE -.Y UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. certif Date. that this is atrue NOTICE CJIVDGCMASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS 5"FORDABLE 50-5 1170 N. TRINDLE RD. 1LECHAISTICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS rCHMMERS, NELSON 1121 FLORABUNDA LN NECANICSBURG, PA 17055 L J Docket No.: CV-0000125-07 Date Filed: 3/28/07 (Date of Judgment) 1/14/08 Date Magis'tertal bistrict Judge h proceedings containing thpep gment.- Magisterial District'Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTRD2 1/15/08 7256:00 AN AFFORDABLE 5015 CHAMBERS, NELSON I I _ copy of the recold of PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST PE FILED W.1tdlN TEN (, t7) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear of affirm, that I serves! Q(L a copy of the Notice of A peal, ommor Plea's No. upon the District Justice designated therein on by personal service (certified) egist red) mail, sender's (date of seivice! ??'0 0 receipt ttached nI?eteto, and upon the appeile, {name) 0 - on - (Q - UAS_ . 20 O by personal service Xby (certified) (regi red) mail, sender's recei attached hereto. If-and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on Z-(o-CQ - -___ . 20 G by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF t? 2G,-?_ - - -- -- - Signature of affianr Signature of official before wham aftl ,?vr, -,va- »I._ldp _?.• ___? Title of off iai RY - - - My commission expires on COMMONWEALTH OF PENNSYLVAMA ,,. No6a W Seat Catherine N. Byerts, Notary Public SPririgettsbury Twp•, York County My Convr>issfon Fires July 21, 2011 Member, Penns0vanla Association of Not81Ns T ' CE RTI FIED MAIL T,, REC EIPT (Do mestic Mail Onl y; No Ins urance C overage Provided) ro m M M Postage $ M O Certified Fee O O Return Reclept Fee (Endorsement Required) E3 n Reshicted Delivery Fee _ rl (Endorsement Required) Total Postage 8 Fees p ent To rti ?:=s:-s_ , ••-••--- or PO Box No. Pc CERTIFIED MAILTr, REGEIP I I (Domestic Mail Only; No Insurance Coverage Provided) 1:0I m? M M Postage $ Postmark Here -0 M M Certified Fee O E 3 Return Reciept Fee - (Endorsement Required) O Restricted Delivery Fee -0 (Endorsement Required) rZ1 Total Postage & Fees O Sent To O C4 ------ f? free, Apt or PO Box o. Postmark Here Atn A?n Sll ?-4_f ---6-16 --- =------------- ----------------------------------------- Ir COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 08 pL 70 C)O, tv! V?errh NOTICE OF APPEAL, Notice is given that the aleappeal ass filed in the above Court of Common Pleas an appeal from the judgme?,rendereclby 01 riot Justice on We date and in the case lvelson Chambers . bz y 1121 Flurabunda Lew=, ie.i:aatAAcsb$n8, PA 17055 4< 01/14/2U06 I Affordable 50's v. idelsur, Chambers vs CV20 07-125 LT 20 David E. Cook, Esq., Attorney This block will be s**d 'C*4Y when this rotation is required under Pa. R.CPJA No, 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Appe l l4 i:' If aippe It was,CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) slays after SoWhM of Prothonotary or Deputy filing hiS NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND` WLE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. RCP.J.P. No. 1001(7) in action before District itistice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon ibtxorcsule 5i ` s '. ' vappellee(s), to file a complaint in this appeal Name of apoemWs) (Common Pleas Na ?1 Vi ! /erM ) within twenty (20) days after servi yde o Rntrv of_iue K of non pros. -^'- 44pubm of app&VA* r rite adorrrsy or spent RULE: To Affordable 50's appelle*4 N.ne of anNW106(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this apped within twenty (20) days after the date of service of this &t you by personal service or by certified or registered mail ' iy ,:"O)if y8uidd not, %'wnplaint within. fbis time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ,.` (3) The date of service of'*s rile if service was by mail is the date of mailing. Dale: , 2010BL: P1 Slen km of Aaltw of Fry or 01pIAr AOPC 312.90 AFFORDABLE 50'S Plaintiff V. NELSON CHAMBERS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-780 CIVIL TERM 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717-249-3166) NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escdta o en persona o por abogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A US ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR YASISTENCIN LEGAL. AFFORDABLE 50'S Plaintiff V. NELSON CHAMBERS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-780 CIVIL TERM COMPLAINT 1. Plaintiff Affordable 50's is a Pennsylvania partnership with a business address of 1170 W. Trindle Road, Mechanicsburg, Pennsylvania. 2. Defendant Nelson Chambers is an adult individual having a residence address of 1121 Florabunda Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts, occurrences and accident hereinafter related occurred on or about January 6, 2007 at the intersection of Trindle Road and Middlesex Road in South Middleton Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff was the owner of a 1997 Mercury which was being driven by Allen Key and was damaged in an accident due to the negligence of the Defendant who: a. failed to yield the right of way to Plaintiffs vehicle at a stop sign while Defendant was traveling south on Middlesex Road; b. failed to property observe the approach of Plaintiffs vehicle which was traveling eastbound on Trindle Road; c. in failing to apply brakes to avoid the accident; d. failed to have his vehicle under control; e. in failing to exercise due cane at and while traveling through an intersection; f. in failing to keep a proper lookout; and 1 g. in violating 75 Pa.C.S.A. §3323. 5. As a result of the aforesaid accident, Plaintiff suffered damages as follows: a. value of the vehicle ....................... $3,116.70 b. towing costs ............................... 125.00 c. value of storage (61 days at $30.00 per day) ... 1.830.00 Total ......................... $5,071.70 WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $5,071.70 plus interest, costs and delay damages being an amount within the arbitration limits. submitted, Dated: -,? // Of, ?lt John B.?Vlancke, Esq., ID No. 07212 Marxke, Wagner, Spreha & McQuillan 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Plaintiff 2 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ?' /?X18 Date e, Partner, Affordable 50's `y'' -T i -17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, NO. 08-780-CIVIL TERM Plaintiff, V. NELSON CHAMBERS, Defendant, V. ALLEN KEY, 70 Meade Drive Carlisle, PA 17013, Additional Defendant. TO: Allen Key, Additional Defendant 70 Meade Drive Carlisle, PA 17013 NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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 OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, NO. 08-780-CIVIL TERM V. NELSON CHAMBERS, Defendant. V. ALLEN KEY, 70 Meade Drive Carlisle, PA 17013, Additional Defendant. DEFENDANT, NELSON CHAMBERS' COMPLAINT TO JOIN ADDITIONAL DEFENDANT, ALLEN KEY AND NOW, comes Defendant, Nelson Chambers, by his counsel, David E. Cook, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and joins the following Defendant pursuant to Pa.R.C.P. 2252, and states the following in support thereof: 1. On or about February 19, 2008, Plaintiff, Affordable 50's, hereinafter "Plaintiff' filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. A true and correct copy of the Complaint is attached hereto and marked as Exhibit "A". 2. Plaintiff's Complaint alleges that Plaintiff was the owner of a 1997 Mercury which was being driven by Allen Key where it was involved in an accident. See Plaintiffs Complaint at Paragraph 4, Exhibit "A". 3. Plaintiff alleges that its vehicle sustained damages as a result of this accident, which Plaintiff alleges, which is specifically denied, was caused by the negligence of Defendant Chambers. 4. Defendant Chambers has filed an Answer and New Matter which is hereby incorporated by reference as if set forth in full and is attached hereto and marked as Exhibit "B". 5. Defendant Chambers alleges in his New Matter that any damages which Plaintiff may have suffered was caused by the conduct of Additional Defendant Key, the driver of Plaintiff's vehicle. 6. Upon information and belief, and at all times relevant hereto, Allen Key was not an employee of Affordable 50's. 7. The accident was directly and proximately caused by the negligence and carelessness of Additional Defendant Key which consisted of, but is not limited to, the following: a. failing to properly observe Defendant's vehicle at the intersection of Trindle Road and Middlesex Road; b. failing to apply his brakes to avoid the accident; C. failing to have his vehicle under control; d. failing to exercise due care while traveling through an intersection; e. failing to keep a proper lookout; f. failing to maintain an assured clear distance in violation of 75 Pa.C.S.A. §3361; g. failing to operate his vehicle at a speed that is reasonable and prudent under the conditions; h. operating his vehicle at a speed greater than will permit the driver to bring his vehicle to a stop under the conditions; i. failing to drive at a safe and appropriate speed with approaching and crossing an intersection; and j. failing to drive at a safe and appropriate speed as a result of the weather or highway conditions. 8. If Plaintiff sustained any damage, it was the result of the contributory negligence of Allen Key. 9. As a result of the negligence of Additional Defendant Key, Additional Defendant Key is solely liable for any damages alleged to have been caused to Plaintiff. 10. If Defendant is found to be negligent, which negligence is denied, and liable to Plaintiff, Additional Defendant Key, is jointly or severally liable to Defendant or liable over to Defendant, or liable to Defendant for indemnity and/or contribution. WHEREFORE, Defendant, Nelson Chambers, demands judgment against Additional Defendant Key as Additional Defendant Key is solely liable for any damages alleged to have been caused to Plaintiff. In the alternative, if Defendant is found to be liable, Additional Defendant Key, is jointly or severally liable or liable over to Defendant, or liable to Defendant for indemnity and/or contribution. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By. DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document 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. SECTION 4904 relating to unsworn falsification to authorities. This Verification of the attorney is being attached hereto because the Verification of the Defendant(s) cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Defendant(s) will be filed as soon as it is obtained. Date: March 12, 2008 David E. Cook, Esquire EXHIBIT A AFFORDABLE 50'S Plaintiff V. NELSON CHAMBERS Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-780 CIVIL TERM 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717-249-3166) NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y arch hivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una Orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A US ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR YASISTENCIA LEGAL. AFFORDABLE 50'S Plaintiff V. NELSON CHAMBERS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-780 CIVIL TERM COMPLAINT 1. Plaintiff Affordable 50's is a Pennsylvania partnership with a business address of 1170 W. Trindle Road, Mechanicsburg, Pennsylvania. 2. Defendant Nelson Chambers is an adult individual having a residence address of 1121 Florabunda Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts, occurrences and accident hereinafter related occurred on or about January 6, 2007 at the intersection of Trindle Road and Middlesex Road in South Middleton Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff was the owner of a 1997 Mercury which was being driven by Allen Key and was damaged in an accident due to the negligence of the Defendant who: a. failed to yield the right of way to Plaintiff's vehicle at a stop sign while Defendant was traveling south on Middlesex Road; b. failed to property observe the approach of Plaintiff's vehicle which was traveling eastbound on Trindle Road; c. in failing to apply brakes to avoid the accident; d. failed to have his vehicle under control; e. in failing to exercise due care at and while traveling through an intersection; f. in failing to keep a proper lookout; and g. in violating 75 Pa.C.S.A. §3323. 5. As a result of the aforesaid accident, Plaintiff suffered damages as follows: a. value of the vehicle ....................... $3,116.70 b. towing costs ............................... 125.00 c. value of storage (61 days at $30.00 per day) ... 1,830.00 Total ......................... $5,071.70 WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $5,071.70 plus interest, costs and delay damages being an amount within the arbitration limits. submitted, John B. a cn ke, Esq., ID No. 07212 Mancke Wagner, Spreha & McQuillan 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Plaintiff Dated: 2 ?16j 1AUE COPY FROM RWORU THUMOR WMW, l hen U0 W goy w o 2 I IN " of W id Caws Id Catcl , Pg. 'Add ?. P?+rthewaer?? VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, : Plaintiff, V. NO. 08-780-CIVIL TERM NELSON CHAMBERS, : Defendant. TO: Affordable 50's, Plaintiff c/o John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Y: ----- DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant. NO. 08-780-CIVIL TERM DEFENDANT, NELSON CHAMBERS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND JOINDER COMPLAINT AND NOW, comes Defendant, Nelson Chambers, by his counsel, David E. Cook, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer with New Matter in response to Plaintiff's Complaint: 1. Admitted in part and denied in part. It is admitted that Plaintiff is Affordable 50's. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 1 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that on January 6, 2007, an accident occurred at the intersection of Trindle Road and Middlesex Road in South Middleton Township, Cumberland County, Pennsylvania. The remaining allegations of paragraph 3 of Plaintiff's Complaint are denied and strict proof thereof is demanded. 4. Admitted in part and denied in part. It is admitted that a 1997 Mercury was being operated by Allen Ivey at the time of the accident, which was owned by Affordable 50's. The remaining allegations of paragraph 4 of Plaintiff's Complaint state a legal conclusion to which no response is required. To the contrary, at all relevant times, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiff's Complaint and strict proof thereof is demanded. By way of further response, upon information and belief, Plaintiff did not incur any costs for the towing or storage of the vehicle, and as a result, is not entitled to towing costs, and/or "value of storage." WHEREFORE, Defendant, Nelson Chambers, demands judgment in his favor and against Plaintiff. BY WAY OF FURTHER DEFENSE: NEW MATTER 6. Paragraph Nos. 1 through 5, inclusive, of Defendant's Answer to Plaintiff's Complaint are hereby incorporated by reference, as if fully set forth at length. 7. Plaintiffs damages, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 8. At all times relevant, Defendant acted carefully, lawfully, properly and prudently with due care under the circumstances. 9. Defendant towed its vehicle using its own equipment and did not sustain any out- of-pocket loss. 10. Defendant stored the vehicle on its lot and did not incur any costs or out-of-pocket loss for the storage of the vehicle. 11. Plaintiffs damages, if any, were caused solely and directly as a result of the negligence of Allen Key, as alleged in the Joinder Complaint filed contemporaneously herewith and incorporated by reference as if set forth in full, including but not limited to: a. failing to properly observe Defendant's vehicle at the intersection of Trindle Road and Middlesex Road; b. failing to apply his brakes to avoid the accident; C. failing to have his vehicle under control; d. failing to exercise due care while traveling through an intersection; e. failing to keep a proper lookout; f. failing to maintain an assured clear distance in violation of 75 Pa.C.S.A. §3361; g. failing to operate his vehicle at a speed that is reasonable and prudent under the conditions; h. operating his vehicle at a speed greater than will permit the driver to bring his vehicle to a stop under the conditions; i. failing to drive at a safe and appropriate speed with approaching and crossing an intersection; and j. failing to drive at a safe and appropriate speed as a result of the weather or highway conditions. 12. If Plaintiff sustained any damage, it was the result of the contributory negligence of Allen Key. 13. Allen Key is responsible for the damage to Plaintiff's vehicle in an amount greater than that of Defendant. 14. Allen Key is solely liable to the Plaintiff. 15. Allen Key is liable over to Defendant. 16. Allen Key is jointly or severally liable with Defendant on the Plaintiff s cause of action. WHEREFORE, Defendant, Nelson Chambers, demands judgment in his favor and against Plaintiff together with costs of suit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document 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. SECTION 4904 relating to unsworn falsification to authorities. This Verification of the attorney is being attached hereto because the Verification of the Defendant(s) cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Defendant(s) will be filed as soon as it is obtained. Date: March 12, 2008 David E. Cook, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, NO. 08-780-CIVIL TERM Plaintiff, V. NELSON CHAMBERS, Defendant. CERTIFICATE OF SERVICE AND NOW, this 12th day of March, 2008, I, David E. Cook, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Answer With New Matter to Plaintiff's Complaint, by Overnight Mail, addressed to the party or attorney of record as follows: John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS B7? DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NO. 08-780-CIVIL TERM NELSON CHAMBERS, Defendant. CERTIFICATE OF SERVICE AND NOW, this 12`x' day of March, 2008, I, David E. Cook, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Defendant, Nelson Chambers' Complaint to Join Additional Defendant, Allen Key, by Overnight Mail, addressed to the party or attorney of record as follows: John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS R yv: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers n c? _ c-z, -TI _ _i .. r...i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. : NO. 08-780-CIVIL TERM NELSON CHAMBERS, Defendant. TO: Affordable 50's, Plaintiff c/o John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NO. 08-780-CIVIL TERM NELSON CHAMBERS, : Defendant. DEFENDANT, NELSON CHAMBERS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND JOINDER COMPLAINT AND NOW, comes Defendant, Nelson Chambers, by his counsel, David E. Cook, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer with New Matter in response to Plaintiff's Complaint: 1. Admitted in part and denied in part. It is admitted that Plaintiff is Affordable 50's. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 1 of Plaintiffs Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that on January 6, 2007, an accident occurred at the intersection of Trindle Road and Middlesex Road in South Middleton Township, Cumberland County, Pennsylvania. The remaining allegations of paragraph 3 of Plaintiff s Complaint are denied and strict proof thereof is demanded. 4. Admitted in part and denied in part. It is admitted that a 1997 Mercury was being operated by Allen Key at the time of the accident, which was owned by Affordable 50's. The remaining allegations of paragraph 4 of Plaintiff's Complaint state a legal conclusion to which no response is required. To the contrary, at all relevant times, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiff's Complaint and strict proof thereof is demanded. By way of further response, upon information and belief, Plaintiff did not incur any costs for the towing or storage of the vehicle, and as a result, is not entitled to towing costs, and/or "value of storage." WHEREFORE, Defendant, Nelson Chambers, demands judgment in his favor and against Plaintiff. BY WAY OF FURTHER DEFENSE: NEW MATTER 6. Paragraph Nos. 1 through 5, inclusive, of Defendant's Answer to Plaintiff's Complaint are hereby incorporated by reference, as if fully set forth at length. 7. Plaintiff's damages, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 8. At all times relevant, Defendant acted carefully, lawfully, properly and prudently with due care under the circumstances. 9. Defendant towed its vehicle using its own equipment and did not sustain any out- of-pocket loss. 10. Defendant stored the vehicle on its lot and did not incur any costs or out-of-pocket loss for the storage of the vehicle. 11. Plaintiff's damages, if any, were caused solely and directly as a result of the negligence of Allen Key, as alleged in the Joinder Complaint filed contemporaneously herewith and incorporated by reference as if set forth in full, including but not limited to: a. failing to properly observe Defendant's vehicle at the intersection of Trindle Road and Middlesex Road; b. failing to apply his brakes to avoid the accident; C. failing to have his vehicle under control; d. failing to exercise due care while traveling through an intersection; e. failing to keep a proper lookout; f. failing to maintain an assured clear distance in violation of 75 Pa.C.S.A. §3361; g. failing to operate his vehicle at a speed that is reasonable and prudent under the conditions; h. operating his vehicle at a speed greater than will permit the driver to bring his vehicle to a stop under the conditions; i. failing to drive at a safe and appropriate speed with approaching and crossing an intersection; and j. failing to drive at a safe and appropriate speed as a result of the weather or highway conditions. 12. If Plaintiff sustained any damage, it was the result of the contributory negligence of Allen Key. 13. Allen Key is responsible for the damage to Plaintiffs vehicle in an amount greater than that of Defendant. 14. Allen Key is solely liable to the Plaintiff. 15. Allen Key is liable over to Defendant. 16. Allen Key is jointly or severally liable with Defendant on the Plaintiff's cause of action. WHEREFORE, Defendant, Nelson Chambers, demands judgment in his favor and against Plaintiff together with costs of suit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CAL B: y DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document 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. SECTION 4904 relating to unsworn falsification to authorities. This Verification of the attorney is being attached hereto because the Verification of the Defendant(s) cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Defendant(s) will be filed as soon as it is obtained. Date: March 12, 2008 David E. Cook, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, NO. 08-780-CIVIL TERM Plaintiff, V. NELSON CHAMBERS, Defendant. CERTIFICATE OF SERVICE AND NOW, this 12th day of March, 2008, I, David E. Cook, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Answer With New Matter to Plaintiff's Complaint, by Overnight Mail, addressed to the parry or attorney of record as follows: John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers C? - -,? rr C Z) CO SHERIFF'S RETURN - REGULAR CASE NO: 2008-00780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AFFORDABLE 50'S VS CHAMBERS NELSON NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon 1I-17 T T T T?TT t he ADD'TL DEFEND. , at 1950:00 HOURS, on the 18th day of March 2008 at 70 MEADE DRIVE CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 00 3??1a/Dy 3 3 .3 8 Sworn and Subscibed to before me this of day So Answers: ? P R. Thomas Kline 03/19/2008 GRIFFITH STRICKLER LERMAN By : Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant, V. NO. 08-780-CIVIL TERM ALLEN KEY, 70 Meade Drive Carlisle, PA 17013, Additional Defendant. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of the Defendant, Nelson Chambers, for the Verification of Defendant's counsel attached to Defendant's Complaint to Join Additional Defendant, Allen Keys, previously filed on March 13, 2008. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers Date: March 18, 2008 VERIFICATION I verify that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: March 2008 By: NELSON CHAMBERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant, V. ALLEN KEY, 70 Meade Drive Carlisle, PA 17013, Additional Defendant. NO. 08-780-CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this 181h day of March, 2008, I, David E. Cook, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Defendant's Praecipe to Substitute Verification, by U.S. Mail, postage prepaid, addressed to the party or attorney of record as follows: John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers ?` ?.- r? ° ? -r? °' .-,? -n '? ??? -ca ? ?. --? .-..° ?`. ,,..? ? v' =?> - ,-°; ;;- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NO. 08-780-CIVIL TERM NELSON CHAMBERS, Defendant. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of the Defendant, Nelson Chambers, for the Verification of Defendant's counsel attached to Defendant's Answer With New Matter to Plaintiff's Complaint, previously filed on March 13, 2008. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS y? DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers Date: March 18, 2008 VERIFICATION I, Nelson Chambers, hereby verify that the statements made in the foregoing Answer With New Matter to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unworn falsifications to authorities. Dated: 2008?? - NELSON CHAMBERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant. NO. 08-780-CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2008, I, David E. Cook, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that 1 have this date served a copy of Defendant's Praecipe to Substitute Verification, by U.S. Mail, postage prepaid, addressed to the party or attorney of record as follows: John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers ,i '^zr CD AFFORDABLE 50'S : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-780 CIVIL TERM NELSON CHAMBERS Defendant PLAINTIFF'S ANSWER TO NEW MATTER 6. Paragraphs 1-5 of the Plaintiff's Complaint are incorporated herein and made a part hereof. The Complaint is attached hereto as Exhibit A. 7. Paragraph 7 is denied. It is denied that the Plaintiff's damages were caused by the acts or omissions of a third party over whom Defendant had no control. It is specifically alleged that the Defendant was responsible for the happening of the accident and the allegations of negligence of the Defendant are specifically incorporated herein from Paragraph 4 of Plaintiffs original Complaint which is attached hereto as Exhibit A. 8. Paragraph 8 is denied. It is specifically alleged that the Defendant acted negligently as outlined in Paragraph 4 of the original Complaint which allegations are incorporated herein and made a part hereof. 9. Paragraph 9 is denied as stated. It is denied that the Defendant towed its own vehicle using its own equipment as Plaintiff is the party claiming the value of the towing which value was assigned by Defendant's adjustor (see Exhibit B attached). 10. Paragraph 10 is denied as stated. It is denied that the Defendant stored the vehicle as it was the Plaintiff who stored the vehicle and is claiming the cost and fair value of the storage which amount, at the rate of $30 per day, had been established by the Defendants adjustor (see Exhibit B attached). 11. Paragraph 11 is denied. It is denied that the damages were caused solely and directly as a result of the negligence of Allen Key and it is alleged that the Defendant, Nelson Chambers, caused the accident as outlined in Paragraph 4 of the Plaintiff's Complaint, which allegations are incorporated herein and made a part hereof. 12. Paragraph 12 is denied. It is denied that there was any "contributory" negligence of Allen Key and it is instead alleged that the accident was caused as a result of the negligence of the Defendant Nelson Chambers. 13. Paragraph 13 is denied. It is denied that Allen Key is responsible for the damage to Plaintiffs vehicle in an amount greater than that of Defendant. It is specifically alleged that the Defendant was solely responsible for the accident as outlined in Plaintiffs original Complaint which is incorporated herein and made a part hereof as Exhibit A. 14. Paragraph 14 is denied. It is denied that Allen Key is solely liable to the Plaintiff. It is specifically alleged that the Defendant was solely responsible for the accident as outlined in Plaintiffs original Complaint which is incorporated herein and made a part hereof as Exhibit A. 15. Paragraph 15 is denied as it states a legal conclusion and is not supported by the facts of the case. Plaintiffs Complaint is incorporated herein and made a part hereof as Exhibit A. 16. Paragraph 16 is denied. It is denied that Allen Key is jointly and severally liable with Defendant on Plaintiffs cause of action. Plaintiffs Complaint is incorporated herein and made a part hereof. submitted, John B. ancke, Esq., ID No. 07212 Mancke, agner, Spreha & McQuillan 2233 N. Front Street, Harrisburg, PA 17110 Dated: q_-.31-6 717-234-7051, Attomey for Plaintiff VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. . ?; Date • • C? N 1 t rT t^r.I - =i , - _ t.X'.7 tTT AFFORDABLE 50'S : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-780 CIVIL TERM NELSON CHAMBERS 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 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717-249-3166) EXHIBIT Ul a m NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted Gene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A US ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR YASISTENCIA LEGAL. • • AFFORDABLE 50'S : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-780 CIVIL TERM NELSON CHAMBERS Defendant COMPLAINT 1. Plaintiff Affordable 50's is a Pennsylvania partnership with a business address of 1170 W. Trindle Road, Mechanicsburg, Pennsylvania. 2. Defendant Nelson Chambers is an adult individual having a residence address of 1121 Florabunda Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts, occurrences and accident hereinafter related occurred on or about January 6, 2007 at the intersection of Trindle Road and Middlesex Road in South Middleton Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff was the owner of a 1997 Mercury which was being driven by Allen Key and was damaged in an accident due to the negligence of the Defendant who: a. failed to yield the right of way to Plaintiffs vehicle at a stop sign while Defendant was traveling south on Middlesex Road; b. failed to properly observe the approach of Plaintiffs vehicle which was traveling eastbound on Trindle Road; C. in failing to apply brakes to avoid the accident; d. failed to have his vehicle under control; e. in failing to exercise due care at and while traveling through an intersection; f. in failing to keep a proper lookout; and • • g. in violating 75 Pa.C.S.A. §3323. 5. As a result of the aforesaid accident, Plaintiff suffered damages as follows: a. value of the vehicle ....................... $3,116.70 b. towing costs ............................... 125.00 c. value of storage (61 days at $30.00 per day) ... 1.830.00 Total ......................... $5,071.70 WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $5,071.70 plus interest, costs and delay damages being an amount within the arbitration limits. submitted, John B. ancke, Esq., ID No. 07212 Mancke Wagner, Spreha & McQuillan 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attomey for Plaintiff Dated: 2 I ooj 2 0 • VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ,0 ?/y.0,5? Date /J ENCOMPASS MID-ATLANTIC P 0 B0: READING, PA (610) 401-2382 OR CD LOG NO 861 -0 INSURANCE CLAIMS REGION 16203 19612-6203 FAX: (972) 510-1561 01-25-07 12:01 PM ESTIMATE LAIM INFORMATION CLAIM # Z0053468 KD-021 POLICY # US 194684603 COMPANY Encompass Ins ance Mid- lant CLAIM REP BERNICE MILLER FAX WORK PH# (610) 401-2302 INSURED Chambers LOSS DATE 01-06-07 CLAIMANT Felmlee LOSS TYPE LIABILITY NSPECTION TYPE FIELD PRIMARY POI FRONT END CENTER APPRAISER NAME RUSSELL LEARN LICENSE # PA 178916 ADDRESS CITY STATE ZIP WNER EPAIR JIM AND ROONEY FELMLEE 71 S LOCUST POINT RD MECHANICSBURG PA 17055- ATTN KEN STARTING LINE AUTO BODY 1170 WEST TRINDLE RD MECHANICSBURG PA 17055- 'EHICLE 1997 MERCURY TRACER LS 4 DR SEDAN 4CYL GASOLINE 2.0 1PTIONS TWO-STAGE - EXTERIOR SURFACES REMOTE KEYLESS ENTRY SYSTEM AUTOMATIC TRANS SECOND POI INSP DATE 01-25-07 LOCATION 1170 W Trindell Road CITY STATE Mechanicsburg PA WORK#(717) 795-8780 HOME#(717) 329-7666 SHOP LIC# CAR IN CAR OUT REPAIR 8 DAYS ELEC REMOTE CONTROL MIRRORS AIR CONDITIONING BODY COLOR Red MILEAGE 139,499 CONDITION VIN 1MELM13PXVW622060 LICENSE # CODE R155 LICENSE STATE PA VEH INSP # 08/96 :EMARKS : ;t/ /?, 7U 'OTAL LOSS 'HIS IS NOT AN AUTHORIZATION TO REPAIR. 'HIS APPRAISAL IS BASED ON THE DAMAGES INSPECTED BY THE APPRAISER. EXHIBIT B IO SUPPLEMENTS FOR ADDITIONAL DAMAGE, LABOR OR RATES WILL BE CONSIDERED -1- CTRY TRACER LS 4 DR SEDAN 0053468 KD-021 LOG 861 -0 01-25-07 12:01 PM FE PPROVAL PRIOR TO COMPLETION OF ANY SUPPLEMENTAL REPAIRS. NT HOTLINE: FAX (972) 510-1561 VOICE MAIL (610) TE LEFT WITH VEHICLE OWNER CODES: = USER-ENTERED VALUE EC = COMPETITIVE PART UM = REMAN/REBUILT PRT OE = PXN OE SRPLS TE = PARTL REPL PRICE I = REPAIR TT = TWO-TONE N = ADDITIONAL LABOR AA = APPEAR ALLOWANCE E = REPLACE OEM UE = OE SURPLUS EU = RECYCLED PART PC = PXN RECONDITIONED ET = PARTL REPL LABOR L = REFINISH CG = CHIPGUARD RI = R&I ASSEMBLY RP = RELATED PRIOR P GDE MC DESCRIPTION - --- -- ----------- C 0005 COVER,FRONT BUMPER 0005 COVER,FRONT BUMPER 0973 0024 0083 0083 0073 # 0073 )E 0755 J 0977 )E 0731 3R 0103 HEADLAMPS AIM PANEL,HEADLAMP MTG PANEL,HOOD PANEL,HOOD PANEL ASSEMBLY,RAD SU # = 01, 07 PANEL ASSEMBLY,RAD SU RADIATOR A/C EVACUATE & RECHAR CONDENSER,A/C FENDER,FRONT L 401-2382 NG = REPLACE NAGS UC = RECONDITIONED PRT EP = COMPETITIVE PART PM = PXN REMAN/REBUILT IT = PARTIAL REPAIR BR = BLEND REFINISH SB = SUBLET P = CHECK UP = UNRELATED PRIOR MFR.PART NO. ------------ PXN RECONDITIONED REFINISH 2.6 Surface 0.6 Two-stage setup 0.5 Two-stage ADDITIONAL LABOR F7CZ8A284AL F7CZ16612AA REFINISH 2.9 Surface 1.2 Edge 0.6 Two-stage F7CZ16138AA REFINISH 1.2 Surface PXN OE SRPLS ADDITIONAL LABOR PXN OE SRPLS T BLEND REFINISH 0.8 Blend 0.4 Two-stage 3R 0104 FENDER,FRONT RT BLEND REFINISH 0.8 Blend 0.4 Two-stage vG 0143 WINDSHIELD,TINTED NAGS DW1283-GT EC 0158 SEALANT KIT,W/SHIELD COMPETITIVE PART »1-800-LET-NAPA E 0866 01 AIRBAG,STEERING WHEEL F7KZ54043B13AAB E 0949 01 AIRBAG,INSTRUMENT PNL F7CZ54044A74AAC EC M03 FLEX ADDITIVE COMPETITIVE PART E M14 CORROSION PROTECTION REPLACE OEM SB M60 HAZARDOUS WASTE REMOVA SUBLET I UNIBODY REPAIR REPAIR N SET UP AND MEASURE ADDITIONAL LABOR N COVER CAR/ INCL SET UP ADDITIONAL LABOR PRICE AJ% B% HOURS R ----- --- -- ----- - 295.00 0.8 1 3.7 4 114.12 260.65 372.90 156.00 146.00 0.4 1 INC 1 1.0 1 4.7 4 11.5 1 1.2 4 INC 1 1.4 2 INC 2 1.2 4 1.2 4 187.60 20.00* 2.5 1 INC 1 683.56 697.23 8.00* 5.00* 3.00* 0.3 2 0.5 2 1* 0.3*1* 1 3.0*1* 2.0*1* 0.0*1* -2- Y TRACER LS 4 DR SEDAN 53468 KD-021 LOG 861 -0 01-25-07 12:01 PM EON 134 REPLACE OEM 35.00* 1* MC MESSAGE 01 CALL DEALER FOR EXACT PART ## / PRICE 07 STRUCTURAL PART AS IDENTIFIED BY I-CAR CNAL CALCULATIONS & ENTRIES kRT S GROSS PARTS OE SURPLUS PARTS OTHER PARTS PAINT MATERIAL )JUSTMENTS DISCOUNT MARKUP PARTS & MATERIAL TOTAL TAX ON PARTS & MATERIAL @ 6.000% LABOR RATE 1-SHEET METAL $ 42.00 2-MECH/ELEC $ 42.00 3-FRAME $ 42.00 4-REFINISH $ 42.00 5-PAINT $ 21.00 $ 2,168.46 $ 302.00 $ 510.60 $ 252.00 REPLACE HRS REPAIR HRS 16.1 5.4 $ 0.8 1.4 $ 12.0 $ TABOR TOTAL TAX ON LABOR SUBLET REPAIRS TAX ON SUBLET TOWING STORAGE ROSS TOTAL LESS: DEDUCTIBLE ET TOTAL USTOMER OWES @ 6.000% @ 6.000% $ 3,233.06 $ 193.98 903.00 92.40 504.00 $ 1,499.40 $ 89.96 $ 3.00 $ 0.18 $ 125.00 $ 30.00 $ 5,174.58 NONE- $ 5,174.58 Run ACV $ 0.00 XN Y/01/01/00/00/00 CUM 01/01/00/00/00 Geocode: 17112 HARRISBURG ENC 2ND 09/0E PPL Y/03/00/00/03/03 CUM 03/00/00/03/03 Geocode: 17401 HARRISBURG DP PENPRO W0412 ES LOG861 -0 01-25-07 13:02:13 REL 4.12.12 DT01/07 (C) 1993 - 2005 ADP CLAIMS SOLUTIONS GROUP, INC. 2.5 HRS WERE ADDED TO THIS EST. BASED ON ADP'S TWO-STAGE REFINISH FORMULA. IMPORTANT INFORMATION ABOUT ENCOMPASS' CHOICE OF PARTS POLICY HIS ESTIMATE MAY LIST PARTS FOR USE IN THE REPAIR OF YOUR VEHICLE THAT ARE -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant, CIVIL DIVISION NO. 08-780 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) v. ALLEN KEY, Additional Defendant. Filed on Behalf of the Additional 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 #16209 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFORDABLE 50'S, CIVIL DIVISION Plaintiff, V. NO. 08-780 NELSON CHAMBERS, (Jury Trial Demanded) Defendant, V. ALLEN KEY, Additional 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 Additional Defendant, Allen Key, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Rauch, Esquire for Additional Defendant 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 day of April, 2008. John B. Mancke, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) David E. Cook, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 (Attorney for Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: e . R uch, Esquire ounsel for Additional Defendant Y am ' C . - Ln r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant, CIVIL DIVISION NO. 08-780 ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 TO JOINDER COMPLAINT V. (Jury Trial Demanded) ALLEN KEY, Additional Defendant. TO: Plaintiff and Defendant You are hereby notified to file a written response to the enclosed Answer, New Matter, and New Matter Pursuant to 1031.1 to Joinder Complaint within twenty (20) days from service hereof or a judgment may be entered against yo Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Filed on Behalf of the Additional 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 #16209 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFORDABLE 50'S, Plaintiff, CIVIL DIVISION V. NELSON CHAMBERS, Defendant, V. ALLEN KEY, Additional Defendant. NO. 08-780 (Jury Trial Demanded) ANSWER, NEW MATTER. AND NEW MATTER PURSUANT TO RULE 1031.1 TO JOINDER COMPLAINT AND NOW, comes the Additional Defendant, Allen Key, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer, New Matter, and New Matter Pursuant to Rule 1031.1 to Joinder Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Paragraph 3 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. 4. Admitted. The Additional Defendant Nelson Chambers refers to a document which speaks for itself. 5. Paragraph 5 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. The Additional Defendant Nelson Chambers refers to a document which speaks for itself. 6. Admitted. 7. Paragraph 7 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. 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. Paragraph 9 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. 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. WHEREFORE, Additional Defendant, Allen Key, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 11. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Additional Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 12. 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. 13. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Additional 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. 14. This Additional 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, Additional Defendant, Allen Key, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 1031.1 15. The Additional Defendant, Allen Key, incorporates by reference the entirety of the Plaintiffs Complaint against the Defendant without admission or adoption as though the same were set forth herein at length. 16. The Additional Defendant incorporates by reference the preceding paragraphs of his Answer and New Matter as if the same were fully set forth at length herein. 17. Solely for the purposes of the within cross-claim without admitting the truth of the same, this Additional Defendant adopts and incorporates those allegations of the Plaintiffs Complaint directed to the Additional Defendant, Nelson Chambers. 18. In the event it is determined that the Plaintiff is entitled to recovery, the same being denied, it is thereby averred that the Additional Defendant, Nelson Chambers, is solely liable to the Plaintiff. 19. In the event that it is judicially determined that the Plaintiff is entitled to a recovery from this Additional Defendant, which is denied, then it is averred that the Defendant, Nelson Chambers, is liable with this Additional Defendant for contribution and/or indemnification. WHEREFORE, Additional Defendant, Allen Key, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. By: Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Additional Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 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, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is that of counsel and not of the Defendant. Defendant has read the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 and to the extent that the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 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, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 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: Allen Key #16209 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 TO JOINDER COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 23`d day of April, 2008. John B. Mancke, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) David E. Cook, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 (Attorney for Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. ?. ? ?'?<_ Kevin D. Rauch, Esquire Counsel for Additional Defendant W k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant, V. ALLEN KEY, Additional Defendant. NO. 08-780-CIVIL TERM DEFENDANT, NELSON CHAMBERS' REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER PURSUANT TO RULE 1031.1 AND NOW, comes Defendant, Nelson Chambers, by his counsel, David E. Cook, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Reply to Additional Defendant's New Matter Pursuant to Rule 1031.1: 15. Defendant Chambers incorporates by reference the entirety of his Answer to Plaintiff's Complaint as though the same were set forth herein at length. 16. Defendant Chambers incorporates by reference, as if set forth at length, his Answer and New Matter to Plaintiff's Complaint. 17. Defendant Chambers incorporates by reference, as if set forth at length, his Answer to those allegations of Plaintiff's Complaint directed to Defendant, Nelson Chambers. 18. Denied as stated. It is denied that Nelson Chambers is an Additional Defendant. Paragraph 18 of Additional Defendant Keys' New Matter states a conclusion of law to which no response is required. 19. Paragraph 19 of Additional Defendant Keys' New Matter states a conclusion of law to which no response is required. 0 WHEREFORE, Defendant, Nelson Chambers, respectfully requests Your Honorable Court the enter judgment in his favor and against Plaintiff. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & C By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (71-/7)757-7602 Attorney for Defendant, Nelson Chambers i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA AFFORDABLE 50'S, Plaintiff, V. NELSON CHAMBERS, Defendant, V. ALLEN KEY, Additional Defendant. NO. 08-780-CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this _J!??day of 32008, I, David E. Cook, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Reply to Additional Defendant's New Matter Pursuant to Rule 103 by First Class Mail, addressed to the party or attorney of record as follows: John B. Mancke, Esquire Wagner, Spreha & McQuilla 2233 North Front Street Harrisburg, PA 17110 Kevin D. Rauch Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: DAVID E. COOK, ESQUIRE Supreme Court I.D. No. 78318 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Nelson Chambers AFFORDABLE WS Plaintiff v. NELSON CHAMBERS Defendant V. ALLEN KEY Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-780 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF PLAINTIFF AFFORDABLE 501 TO NEW MATTER OF ALLEN KEY 11. It is admitted that the accident would be subject to the Pennsylvania Motor Vehicle Financial Responsibility Law, however, since property damage is all that is being claimed, the relevancy of the Pennsylvania Motor Vehicle Financial Responsibility Law to the accident is denied. 12. It is admitted that the accident would be subject to the Pennsylvania Motor Vehicle Financial Responsibility Law, however, since property damage is all that is being claimed, the relevancy of the Pennsylvania Motor Vehicle Financial Responsibility Law to the accident is denied. 13. It is denied that the limited tort option has any relevancy to the accident. 14. Paragraph 14 states a legal conclusion and is therefore denied, but it is denied that there is any applicability of any statute of limitations to the case. 15. Plaintiffs complaint against the Defendant is incorporated herein by reference. 16. Paragraph 16 does not require an answer by Plaintiff, however Plaintiffs complaint and the within Answer to New Matter is incorporated herein by reference and made a part hereof. 17. Paragraph 17 does not require an answer by Plaintiff, however Plaintiffs allegations against the Defendant are incorporated herein by reference and made a part hereof. 18. Plaintiffs complaint against the original Defendant, Nelson Chambers, is incorporated herein and made a part hereof. 19. Paragraph 19 states a legal conclusion and therefore is denied, however Plaintiffs original complaint against Nelson Chambers is incorporated herein and made a part hereof. submitted, John B.idce, Esq., ID No. 07212 Mancke, agner, Spreha & McQuillan 2233 N. Front Street, Harrisburg, PA 17110 717-234-7051, Attorney for Plaintiff Dated: 5-ug 62g ,280 0i// Z- VERIFICATION 1 hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ? SOS Date Partner, Affordable -ft CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by U.S. Mail and addressed as follows: David E. Cook, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Kevin D. Rauch, Esq. Summers, McDonnell, Hudoc k, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne,,PA 17043 DATE: 5-A,06 v c L?' Joh B. Mancke, Esq. Attorney for Plaintiff t7 ? CY, -# ; . ? rn;p To the Prollu notary. : IN THE COURT OF COMMON PLED : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-780 CIVIL TERM JURY TRIAL DEMANDED Please mark the atoe-c omied case willed, d swr&wW, and erg. sued, a?. Mamie, Esq., ID No. fly.212,,? r ^ Spret?ra & McQuillan 2233 N. Franc SbeK HwW u % PA 17110 717-234-7051, Attorney for PlaW F7Mkmm Lucy, Esq. y IOAcDa, Guittne & Skeet 1goad, Len oyner PA 17043 717-001 5916, Attorney for DekmdaK Allen Key Dated: July 3, 2006 t'? ? r ?? ??'l°1 1 ? ? ` a ,? ''' ' ' ? ?? ? ? C% a.5 e? - ?? . `„ ?? .._ G?..