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HomeMy WebLinkAbout08-48610 DONALD R. THOMAS IN THE COURT OF COMMON PLEAS OF and NANCY L. THOMAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008- q,5('41 CIVIL TERM Al HUA CHEN, CIVIL ACTION-LAW 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 an 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. 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 A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- y W CIVIL TERM CIVIL ACTION-LAW COMPLAINT AND NOW, come the Plaintiffs, Donald R. Thomas and Nancy L. Thomas, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs, Donald R. Thomas and Nancy L. Thomas, are citizens of the Commonwealth of Pennsylvania, husband and wife, adult individuals who reside in Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Ali Hua Chen, is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 7 Hedge Row Lane, Carlisle, Cumberland County, Pennsylvania 17015. 3. The facts and occurrences hereinafter took place on or about January 26, 2007 at or about 12:16 p.m. on Alexander Spring Road in South Middleton Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, Nancy L. Thomas was operating her motor vehicle, a 1992 Ford Escort east on Alexander Spring Road, South Middleton Township, Cumberland County, Pennsylvania. 5. The Plaintiff, Donald R. Thomas was a passenger in the vehicle operated by Nancy Thomas. 6. At the same time, Defendant, Ali Hua Chen was operating his motor vehicle west on Alexander Spring Road, South Middleton Township, Cumberland County, Pennsylvania. 7. At the aforementioned time and place, Defendant Ali drove his automobile into the eastbound lane of Alexander Spring Road into the Thomas' lane of travel causing a head-on collision with the Thomas vehicle. 8. The foregoing accident and all of the injuries set forth herein sustained by Plaintiffs, Donald R. Thomas and Nancy L. Thomas are the direct and proximate result of the negligence, carelessness, wanton, and reckless manner in which Defendant, Ali Hua Chen operated his motor vehicle as follows: A. failure to keep his vehicle within his lane of travel; B. failure to yield the right of way to the Thomas vehicle while attempting a left turn; C. failure to operate his vehicle at a speed which would allow him to stop prior to causing a collision with Plaintiffs, Nancy L. Thomas and Donald R. Thomas; and, D. driving his vehicle upon a highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. COUNTI NANCY L. THOMAS v. ALI HUA CHEN 9. Paragraphs one through eight are incorporated herein by reference as though set forth at length. 10. Plaintiff, Nancy L. Thomas sustained painful and severe injuries, which include but are not limited to, a right ankle fracture, severe cervical strain and contusions. 11. By reason of the aforesaid injuries sustained by Plaintiff, Nancy L. Thomas she was forced to incur liability for surgery, medical treatment, physical therapy, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 12. Because of the nature of her injuries, Plaintiff Nancy L. Thomas has been advised and, therefor, avers that she will be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff, Nancy L. Thomas has undergone and will continue to undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 14. As a result of the aforementioned injuries, Plaintiff, Nancy L. Thomas has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Nancy L. Thomas has undergone cervical spine surgery and as a result, has sustained surgical scarring resulting in permanent disfigurement, and claim is made therefor. 16. Plaintiff Nancy L. Thomas continues to be plagued by persistent pain and limitation and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. . 1 COUNT II .i DONALD R. THOMAS v. ALI HUA CHEN 17. Paragraphs one through sixteen are incorporated herein by reference as though set forth at length. 18. Plaintiff, Donald R. Thomas sustained painful and severe injuries, which include but are not limited to, a fractured clavicle, bruised ribs and contusions over his body. 19. By reason of the aforesaid injuries sustained by Plaintiff, Donald R. Thomas was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefore. 20. Because of the nature of his injuries, Plaintiff, Donald R. Thomas has undergone physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 21. As a result of the aforesaid injuries, Plaintiff, Donald R. Thomas, has sustained work loss, loss of opportunity and claim is made therefore. COUNT III NANCY L. THOMAS V. ALI HUA CHEN 22. Paragraphs one through twenty-one are incorporated herein by reference as though set forth at length. 23. As a result of the aforesaid injuries sustained by her husband, Donald R. Thomas, Plaintiff, Nancy L. Thomas has been and may in the future may be deprived of the care, companionship, consortium and society of her husband, all of which will be to her detriment, and claim is made therefore. COUNT IV DONALD R. THOMAS V. ALI HUA CHEN 24. Paragraphs one through twenty-three are incorporated herein by reference as though set forth at length. 25. As a result of the aforesaid injuries sustained by his wife, Nancy L. Thomas, Plaintiff, Donald R. Thomas has been and may in the future may be deprived of the care, companionship, consortium and society of his wife, all of which will be to her detriment, and claim is made therefore. WHEREFORE, Plaintiffs, Donald R. Thomas and Nancy L. Thomas against Defendant, Ali Hua Chen in an amount in excess of $50,000.00, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/thomas/complaint.pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements are not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Donald R. Thomas Nan Thomas c J c, O Q ?h h 0 c' Q r c? -n h Dv) a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Ai Hua Chen, in the above-captioned matter and mark the docket accordingly. Date: August 20, 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCH*ESQQQ Supr eme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 20th day of August, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: tit MICRA`EL B: SCHEI$, ESQ?JIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen c_? na .:` ? `t ? ? ?` `? A ? ? ;?, rr J ?.,.' ? 3 ?f.. .: { `ice ? ?or? ?„ `'' ,? '"?? ?? .; f-x --c: ?ft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, Defendant NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Donald R. Thomas and Nancy L. Thomas, Plaintiffs c/o Michael A. Scherer O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 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. Date: August 28, 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. AI HUA CHEN, Defendant NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Ai Hua Chen, by and through his attorneys, Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and does file this Answer with New Matter, a statement of which is as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 8. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary, and at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner with due care as required by circumstance. COUNTI NANCY L. THOMAS v. ALI HUA CHEN 9. Paragraphs 1 through 8 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 2 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. COUNT II DONALD R. THOMAS v. ALI HUA CHEN 17. Paragraphs 1 through 16 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 19. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 19 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 20. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 20 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 3 21. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 21 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. COUNT III NANCY L. THOMAS v. ALI HUA CHEN 22. Paragraphs one through twenty-one are incorporated herein by reference as though set forth at length. 23. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 23 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. COUNT IV DONALD R. THOMAS v. ALI HUA CHEN 24. Paragraphs 1 through 23 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length 25. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 25 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 4 WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. By way of further defense: NEW MATTER 26. Paragraphs 1 through 26 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length 27. Plaintiff's injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 28. Plaintiff's injuries, if any, may be barred or limited by a limited tort selection. 29. Plaintiff's injuries, if any, were caused by the acts or omissions of a third party over which Defendant had no control. 30. Plaintiff's injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 31. Plaintiff s damages were caused by her own conduct. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: August 28, 2008 By: U MICHAEL B. SCHEIB, ESQUI Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Attorney for Defendant, Ai Hua Chen 5 4 VERIFICATION I, Ai Hua Chen, 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 filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: l0 0-, 2008 Ai Hua Chen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 28`h day of August, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter, by United States First-Class Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, SOLYMOS,& CALKiNS By: V -I 1 ? "" MICHAE'I, B. S HEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen ' „?, r: ,f? •.? -,.. ? ?.. ? ..r; rte, ?..t -_s ? ,?. ?? C_?r ;;,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, V. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NANCY L. THOMAS, Additional Defendant NOTICE TO: Nancy L. Thomas, Additional Defendant 66 Big Spring Terrace Newville, PA 17241 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 Joining Additional Defendant 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, 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 A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. 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 mis adelante en las siguientes piginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds 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 falls 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 mis 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street, Carlisle PA 17013 (717) 249-3166 Date: August 28, 2008 By: Ti,64 MI HAEL B. HEIB, ESQUIRt Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. CIVIL ACTION - LAW AI HUA CHEN, Defendant JURY TRIAL DEMANDED V. NANCY L. THOMAS, Additional Defendant DEFENDANT'S, Al HUA CHEN, COMPLAINT JOINING ADDITIONAL DEFENDANT, NANCY L. THOMAS AND NOW, comes the Defendant, Ai Hua Chen, by and through his attorneys, Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and joins the following Defendant pursuant to Pa.R.C.P. 2252: 1. On or about August 13, 2008, Plaintiffs, Donald R. and Nancy L. Thomas 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 made a part hereof as Exhibit "A". 2. In the Complaint, Plaintiff, Donald R. Thomas, alleges that he was the passenger in a motor vehicle operated by Additional Defendant, Nancy L. Thomas, when it was involved in an accident (the "accident"). See Plaintiff's Complaint at 15, Exhibit "A". 3. It is alleged in Plaintiff's Complaint that the vehicle driven by Additional Defendant, Nancy L. Thomas, to which Plaintiff, Donald R. Thomas, was a passenger was operating the vehicle in an eastbound manner on Alexander Spring Road, South Middleton Township, Cumberland County, Pennsylvania, when a collision occurred with Defendant's, Ai Hua Chen, vehicle. See Plaintiff's Complaint at ¶¶ 5 and 7, Exhibit "A". 4. Plaintiff, Donald R. Thomas, alleges that he sustained injuries as a result of this accident, which is specifically denied. Plaintiff, Donald R. Thomas, claims his injuries were caused by the negligence of Defendant, Ai Hua Chen. See Plaintiff's Complaint at ¶ 8, Exhibit «A„ 5. Defendant, Ai Hua Chen, filed an Answer and New Matter, which is attached hereto and incorporated herein by reference as though set forth in full, and marked as Exhibit «B5, 6. Defendant Chen asserts in his New Matter that any injuries which Plaintiff, Donald R. Thomas, may have suffered, and it is specifically denied that Plaintiff, Donald R. Thomas suffered injuries, caused by the conduct of Additional Defendant, Nancy L. Thomas, the driver of the vehicle in which Plaintiff was a passenger. 7. The accident was directly and proximately caused by the negligence and carelessness of Additional Defendant, Nancy L. Thomas, which consisted of, but is not limited to the following a. Failing to keep a proper lookout for other vehicles on the roadway; b. Failing to maintain an assured clear distance in which to stop her vehicle or avoid an accident, in violation of 7S Pa.S.C.A. §3361; C. Driving at a speed greater than is reasonable and prudent under the circumstances, in violation of 75 Pa.S.C.A. §3361; d. Driving said vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.S.C.A. §3361 Failing to have her vehicle under proper control so as to prevent the same from colliding with Defendant's vehicle; f. Failing to operate a vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; g. Failure to keep alert and maintain a proper watch for road conditions in front of her; h. Failure to properly observe the road and the immediate surrounding area; and i. Operating her vehicle on the roadway in a reckless, careless, and negligent manner with disregard for the rights and safety of others, in violation of the various laws and ordinances of Cumberland County and violation of the Motor Vehicle Code, Commonwealth of Pennsylvania. In the event of a finding of liability against Defendant Chen, which liability is specifically denied, Defendant Chen asserts that Additional Defendant Nancy Thomas is alone liable, liable over to and/or jointly and severally liable to Defendant Chen for any injuries sustained by Plaintiff Donald Thomas. 9. In the event of finding of liability against Defendant Chen, which liability is specifically denied, Defendant Chen hereby asserts any and all rights which he has for contribution and/or indemnification against Additional Defendant Nancy Thomas for injuries sustained by Plaintiff Donald Thomas. Wherefore, Defendant Chen respectfully requests this Honorable Court to enter judgment in his favor together with court costs. Respectfully Submitted GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: By: MICHA L B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Attorney for Defendant, Ai Hua Chen 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 b sled a so n as ' is obtained. Date: , t MIC AEL B. SCH B, ESQ IRE DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- qN 1 CIVIL TERM CIVIL ACTION-LAW 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 an 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. 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 A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 w DONALD R. THOMAS IN THE COURT OF COMMON PLEAS OF and NANCY L. THOMAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008- AIN I CIVIL TERM Al HUA CHEN, CIVIL ACTION-LAW Defendant COMPLAINT AND NOW, come the Plaintiffs, Donald R. Thomas and Nancy L. Thomas, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs, Donald R. Thomas and Nancy L. Thomas, are citizens of the Commonwealth of Pennsylvania, husband and wife, adult individuals who reside in Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Ali Hua Chen, is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 7 Hedge Row Lane, Carlisle, Cumberland County, Pennsylvania 17015. 3. The facts and occurrences hereinafter took place on or about January 26, 2007 at or about 12:16 p.m. on Alexander Spring Road in South Middleton Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, Nancy L. Thomas was operating her motor vehicle, a 1992 Ford Escort east on Alexander Spring Road, South Middleton Township, Cumberland County, Pennsylvania. 5. The Plaintiff, Donald R. Thomas was a passenger in the vehicle operated by Nancy Thomas. 6. At the same time, Defendant, Ali Hua Chen was operating his motor vehicle west on Alexander Spring Road, South Middleton Township, Cumberland County, Pennsylvania. 7. At the aforementioned time and place, Defendant Ali drove his automobile into the eastbound lane of Alexander Spring Road into the Thomas' lane of travel causing a head-on collision with the Thomas vehicle. 8. The foregoing accident and all of the injuries set forth herein sustained by Plaintiffs, Donald R. Thomas and Nancy L. Thomas are the direct and proximate result of the negligence, carelessness, wanton, and reckless manner in which Defendant, Ali Hua Chen operated his motor vehicle as follows: A. failure to keep his vehicle within his lane of travel; B. failure to yield the right of way to the Thomas vehicle while attempting a left turn; C. failure to operate his vehicle at a speed which would allow him to stop prior to causing a collision with Plaintiffs, Nancy L. Thomas and Donald R. Thomas; and, D. driving his vehicle upon a highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. COUNTI NANCY L. THOMAS v. ALI HUA CHEN 9. Paragraphs one through eight are incorporated herein by reference as though set forth at length. 10. Plaintiff, Nancy L. Thomas sustained painful and severe injuries, which include but are not limited to, a right ankle fracture, severe cervical strain and---- contusions. 11. By reason of the aforesaid injuries sustained by Plaintiff, Nancy L. Thomas she was forced to incur liability for surgery, medical treatment, physical therapy, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 12. Because of the nature of her injuries, Plaintiff Nancy L. Thomas has been advised and, therefor, avers that she will be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff, Nancy L. Thomas has undergone and will continue to undergo physical and mental suffering, inconvenience in carving out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 14. As a result of the aforementioned injuries, Plaintiff, Nancy L. Thomas has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Nancy L. Thomas has undergone cervical spine surgery and as a result, has sustained surgical scarring resulting in permanent disfigurement, and claim is made therefor. 16. Plaintiff Nancy L. Thomas continues to be plagued by persistent pain and limitation and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. COUNT II DONALD R. THOMAS v. ALI HUA CHEN 17. Paragraphs one through sixteen are incorporated herein by reference as though set forth at length. 18. Plaintiff, Donald R. Thomas sustained painful and severe injuries, which include but are not limited to, a fractured clavicle, bruised ribs and contusions over his body. 19. By reason of the aforesaid injuries sustained by Plaintiff, Donald R. Thomas was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefore. 20. Because of the nature of his injuries, Plaintiff, Donald R. Thomas has undergone physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 21. As a result of the aforesaid injuries, Plaintiff, Donald R. Thomas, has sustained work loss, loss of opportunity and claim is made therefore. COUNT III, NANCY L. THOMAS V. ALI HUA CHEN 22. Paragraphs one through twenty-one are incorporated herein by reference as though set forth at length. , 23. As a result of the aforesaid injuries sustained by her husband, Donald R. Thomas, Plaintiff, Nancy L. Thomas has been and may in the future may be deprived of the care, companionship, consortium and society of her husband, all of which will be to her detriment, and claim is made therefore. COUNT IV DONALD R. THOMAS V. ALI HUA CHEN 24. Paragraphs one through twenty-three are incorporated herein by reference as though set forth at length. 25. As a result of the aforesaid injuries sustained by his wife, Nancy L. Thomas, Plaintiff, Donald R. Thomas has been and may in the future may be deprived of the care, companionship, consortium and society of his wife, all of which will be to her detriment, and claim is made therefore. WHEREFORE, Plaintiffs, Donald R. Thomas and Nancy L. Thomas against Defendant, Ali Hua Chen in an amount in excess of $50,000.00, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, O'BRIEN, BARIC & SCHERER Pi )J/4 Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirlgenlit/thomaslcomplaint.pid VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements are not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: ?- ? ?" U g ?v Donald?Thomas Nan h mas C? NA 1 24 , vv lz? N ,:T j•i ?' , O -k-I l ro fb j .. n n .1 e x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, Defendant NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Donald R. Thomas and Nancy L. Thomas, Plaintiffs c/o Michael A. Scherer O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 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. Date: August 28, 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Ai Hua Chen, by and through his attorneys, Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and does file this Answer with New Matter, a statement of which is as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. ?. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 8. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary, and at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner with due care as required by circumstance. COUNTI NANCY L. THOMAS v. ALI HUA CHEN 9. Paragraphs 1 through 8 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. COUNT II DONALD R. THOMAS v. ALI HUA CHEN 17. Paragraphs 1 through 16 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 19. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 19 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 20. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 20 of Plaintiffs' Complaint. and the same are denied and strict proof thereof demanded. 3 21. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 21 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. COUNT III NANCY L. THOMAS v. ALI HUA CHEN 22. Paragraphs one through twenty-one are incorporated herein by reference as though set forth at length. 23. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 23 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. COUNT IV DONALD R. THOMAS v. ALI HUA CHEN 24. Paragraphs 1 through 23 of Defendant's Answer with NeNv Matter are incorporated herein as though full), set forth at length 25. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 25 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 4 WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. By way of further defense: NEW MATTER 26. Paragraphs 1 through 26 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length 27. Plaintiffs injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 28. Plaintiffs injuries, if any, may be barred or limited by a limited tort selection. 29. Plaintiffs injuries, if any, were caused by the acts or omissions of a third party over which Defendant had no control. 30. Plaintiffs injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 31. Plaintiffs damages were caused by her own conduct. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS Date: August 28, 2008 By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Attorney for Defendant, Ai Hua Chen 5 VERIFICATION I, Ai Hua Chen, 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 m Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. 5 4904 related to unsw orn falsifications to authorities. Date: X008 ' Ai Hua Chen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, : Plaintiffs V. CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 28" day of August, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter, by United States First-Class Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle. PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMO S;& CALK IN By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED n?CERTIFICATE OF SERVICE AND NOW, this' illy o , 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter, by United States First- Class Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiff and Additional Defendant) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MI HA L B. SCHEIB, ES-Q'UIRLY Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen r ? ?+ ? -? f1 C , ? ? 5 .Sy - ' ?? --xr ?? * 1C" :- ... G SHERIFF'S RETURN - REGULAR CASE NO: 2008-04861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMAS DONALD R ET AL VS CHEN AI HUA MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon f+TTT?TT T T TJTTT the DEFENDANT , at 0019:26 HOURS, on the 15th day of August , 2008 at 7 HEDGE ROW LANE CARLISLE, PA 17015 by handing to SHI YU ZHENG ADULT DAUGHTER OF DEFENDANT 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 Service , B 114 Affidavit DIGS Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 5.00 Kl,-00", '40? 00 10.00 R. Thomas Kline .42 33.42 08/15/2008 O'BRIEN BARIC & SCHERER / By. G day eputy Sheri A. D. DONALD R. THOMAS IN THE COURT OF COMMON PLEAS OF and NANCY L. THOMAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008-4861 CIVIL TERM Al HUA CHEN, CIVIL ACTION-LAW Defendant NOTICE TO PLEAD TO: Ai Hua Chen c/o Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Plaintiff Nancy L. Thomas' Preliminary Objections To Defendant Ai Hua Chen's Complaint Joining Nancy Thomas As An Additional Defendant or a Default Judgment may be entered against you. O'BRI , BARIC & SCHERER AV ?? 1110.000 Mic I A. Scherer, Esquire Date: I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4861 CIVIL TERM CIVIL ACTION-LAW PLAINTIFF NANCY L. THOMAS' PRELIMINARY OBJECTIONS TO DEFENDANT Al HUA CHEN'S COMPLAINT JOINING NANCY THOMAS AS AN ADDITIONAL DEFENDANT AND NOW, come the Plaintiff, Nancy L. Thomas, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Defendant, Ali Hua Chen, filed a complaint joining Nancy L. Thomas, plaintiff herein, as an additional defendant in this action. FAILURE OF PLEADING TO CONFORM TO RULE OF COURT 2. Pa.R.C.P. 2252 states, in part, that any party may join as an additional defendant any person not a party to the action... 3. Pa.R.C.P. 1706.1 states, in part, that any defendant or additional defendant may only join as an additional defendant any person not a party to the action... 4. Nancy L. Thomas is a plaintiff in this action and as such, may not be joined as an additional defendant. WHEREFORE, the plaintiff, Nancy L. Thomas, respectfully requests that this Honorable Court strike defendant Chen's complaint joining additional defendant Nancy L. Thomas. Respectfully submitted, O'BRIEN, BARIC & SCHERER ?A Michael A. Sc erer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/personalin jury/thomas/preliminaryobjectionstojoindercomplaint.pld CERTIFICATE OF SERVICE I hereby certify that on September 10 , 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of Plaintiff Nancy L. Thomas' Preliminary Objections To Defendant Ai Hua Chen's Complaint Joining Nancy Thomas As An Additional Defendant, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 rv ? ? ? tlAe?' ? + q W % 14, DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4861 CIVIL TERM CIVIL ACTION-LAW REPLY TO NEW MATTER AND NOW, comes Plaintiffs, Donald R. Thomas and Nancy L. Thomas, by and through their attorney, Michael A. Scherer, Esquire, and files the within Reply to New Matter and, in support thereof, sets forth the following: 26. Denied. The allegations in this paragraph is a conclusion of law to which no responsive pleading is required. 27.-30. Denied. The allegations contained in these paragraphs are conclusions of law to which no responsive pleading is required. 31. Denied. Plaintiffs' damages were caused by Defendant as set forth in the Complaint. WHEREFORE, Plaintiffs demand judgment in their favor. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mrchael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs mas.dir/personainjury/thomas/newmatter.rep V VERIFICATION The statements in the foregoing Reply To New Matter are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: `Z?/ Donald R. Thomas Na y WThomas CERTIFICATE OF SERVICE I hereby certify that on September 17, 2008, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 6"(? 46W 6 J d c-? m C, Q h, i ?? t ==, ? rt`t S ; "'C7 ?' fi ? ' "? C . ?,.- 4' ? , ._.s r ?'4 ? t? 4. ? ? r., ? [... 1 ?.yu? ?? ,? ?, . .v'i.?i 7 s ? ?ll ?? ^ ?. w.1 .?'?,r „'r.? a "• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, Defendant V. NANCY L. THOMAS, Cross-Claim Defendant NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Donald R. Thomas and Nancy L. Thomas, Plaintiffs c/o Michael A. Scherer O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter and Cross- Claim within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: September ?13 2008 BY. ' MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, Defendant V. NANCY L. THOMAS, Cross-Claim Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED ANSWER WITH NEW MATTER AND CROSS-CLAIM AND NOW, comes the Defendant, Ai Hua Chen, by and through his attorneys, Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and does file this Amended Answer with New Matter and Cross-Claim, a statement of which is as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the two vehicles came into contact with one another. Regarding the remaining allegations, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 8. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary, and at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner with due care as required by circumstance. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. COUNTI NANCY L. THOMAS v. ALI HUA CHEN 9. Paragraphs 1 through 8 of Defendant's Amended Answer with New Matter and Cross-Claim are incorporated herein as though fully set forth at length 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 2 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. COUNT II DONALD R. THOMAS v. ALI HUA CHEN 17. Paragraphs 1 through 16 of Defendant's Amended Answer with New Matter and Cross-Claim are incorporated herein as though fully set forth at length 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 19. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the 3 truth of the allegations set forth in Paragraph 19 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 20. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 20 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 21. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 21 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. COUNT III NANCY L. THOMAS v. ALI HUA CHEN 22. Paragraphs 1 through 21 of Defendant's Amended Answer with New Matter and Cross-Claim are incorporated herein by reference as though set forth at length. 23. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the 4 truth of the allegations set forth in Paragraph 23 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. COUNT IV DONALD R. THOMAS v. ALI HUA CHEN 24. Paragraphs 1 through 23 of Defendant's Amended Answer with New Matter and Cross-Claim are incorporated herein as though fully set forth at length 25. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 25 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. 5 By way of further defense: NEW MATTER 26. Paragraphs 1 through 25 of Defendant's Amended Answer with New Matter and Cross-Claim are incorporated herein as though fully set forth at length 27. Plaintiffs injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 28. Plaintiff's injuries, if any, may be barred or limited by a limited tort selection. 29. Plaintiff's injuries, if any, were caused by the acts or omissions of a third party over which Defendant had no control. 30. Plaintiffs injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 31. Plaintiff's damages were caused by her own conduct. WHEREFORE, the Defendant, Ai Hua Chen, respectfully requests this Honorable Court to enter judgment in his favor, together with the costs of this lawsuit. 6 By way of further defense: CROSS-CLAIM 32. Paragraphs 1 through 31 of Defendant's Amended Answer with New Matter and Cross-Claim are incorporated herein as though fully set forth at length 33. In the Plaintiff's Complaint, Plaintiff, Donald R. Thomas, alleges that he was the passenger in a motor vehicle operated by Cross-Claim Defendant, Nancy L. Thomas, when it was involved in an accident (the "accident") 34. It is alleged in Plaintiff's Complaint that the vehicle driven by Cross-Claim Defendant, Nancy L. Thomas, to which Plaintiff, Donald R. Thomas, was a passenger was operating the vehicle in an eastbound manner on Alexander Spring Road, South Middleton Township, Cumberland County, Pennsylvania, when a collision occurred with Defendant's, Ai Hua Chen, vehicle. 35. Plaintiff, Donald R. Thomas, alleges that he sustained injuries as a result of this accident, which are specifically denied. Plaintiff, Donald R. Thomas, claims his injuries were caused by the negligence of Defendant, Ai Hua Chen. 36. Defendant Chen asserts in his New Matter that any injuries which Plaintiff, Donald R. Thomas, may have suffered, and it is specifically denied that Plaintiff, Donald R. Thomas suffered injuries, were caused by the conduct of Cross-Claim Defendant, Nancy L. Thomas, the driver of the vehicle in which Plaintiff was a passenger. 37. The accident was directly and proximately caused by the negligence and carelessness of Cross-Claim Defendant, Nancy L. Thomas, which consisted of, but is not limited to the following: a. Failing to keep a proper lookout for other vehicles on the roadway; 7 b. Failing to maintain an assured clear distance in which to stop her vehicle or avoid an accident, in violation of 7S Pa.S.C.A. §3361; C. Driving at a speed greater than is reasonable and prudent under the circumstances, in violation of 75 Pa.S.C.A. §3361; d. Driving said vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.S.C.A. §3361 e. Failing to have her vehicle under proper control so as to prevent the same from colliding with Defendant's vehicle; f. Failing to operate a vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; g. Failure to keep alert and maintain a proper watch for road conditions in front of her; h. Failure to properly observe the road and the immediate surrounding area; and i. Operating her vehicle on the roadway in a reckless, careless, and negligent manner with disregard for the rights and safety of others, in violation of the various laws and ordinances of Cumberland County and violation of the Motor Vehicle Code, Commonwealth of Pennsylvania. 38. In the event of a finding of liability against Defendant Chen, which liability is specifically denied, Defendant Chen asserts that Cross-Claim Defendant Nancy Thomas is alone liable, liable over to and/or jointly and severally liable to Defendant Chen for any injuries sustained by Plaintiff Donald Thomas. 8 39. In the event of finding of liability against Defendant Chen, which liability is specifically denied, Defendant Chen hereby asserts any and all rights which he has for contribution and/or indemnification against Cross-Claim Defendant Nancy Thomas for injuries sustained by Plaintiff Donald Thomas. Wherefore, Defendant Chen respectfully requests this Honorable Court to enter judgment in his favor together with court costs. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: September ' 3 , 2008 B y: Ado- J/ MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Attorney for Defendant, Ai Hua Chen 9 It VERIFICATION I, Michael B. Scheib, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: BY: tt b Michael B. Scheib, Esquire Attorney for Defendant Supreme Court I.D. #63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 10 v* .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. CIVIL ACTION - LAW AI HUA CHEN, Defendant JURY TRIAL DEMANDED V. NANCY L. THOMAS, Cross-Claimant 22 CERTIFICATE OF SERVICE AND NOW, this ?.J0 day of September, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Amended Answer with New Matter and Cross-Claim, by United States First-Class Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Y MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen 11 I a O? t SHERIFF'S RETURN - REGULAR CASE NO: 2008-04861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMAS DONALD R ET AL VS CHEN AI HUA NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL THOMAS NANCY L the ADD'TL DEFEND. , at 1015:00 HOURS, on the 12th day of September, 2008 at 66 BIG SPRING TERRACE NEWVILLE, PA 17241 NANCY THOMAS was served upon by handing to a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge aI 18.00 12.00 .59 10.00 00 40.59 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/15/2008 GRIFFITH STRICKLER LERMAN By: Deputy Sheriff of A. D. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, Defendant V. NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW NANCY L. THOMAS, Cross-Claim Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW JOINDER COMPLAINT TO THE PROTHONOTARY: Due to the filing of the Amended Answer with New Matter and Crossclaim on September 23, 2008, the Joinder Complaint is withdrawn. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: October 3, 2008 By: IL'4 " a //,- MICHAEL'B. SCHEIB, SQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Attorney for Defendant, Ai Hua Chen J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW Al HUA CHEN, Defendant V. ; NANCY L. THOMAS, : Cross-Claim Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3`d day of October, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe to Withdraw Joinder Complaint, by United States First-Class Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL H -SCHEIB, -ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Ai Hua Chen rC` U;__. iLn 1.123 tf? 08-019712 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Cross-claim Defendant, Nancy L. Thomas DONALD R. THOMAS AND NANCY L. THOMAS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS VS. AI HUA CHEN, DEFENDANT No. 2008 - 4861 VS. NANCY L. THOMAS. CROSS-CLAIM 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 Cross-claim Defendant, Nancy L. Thomas. The Cross-claim Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, LAW OFFICE OF SNYDERi& DORER Date: November 14, 2008 By: Donald R. Dorer, Esquire Attorney for Cross-claim Defendant, Nancy L. Thomas Identification No. 39126 i , 1b 08-019712 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Cross-claim Defendant, Nancy L, Thomas DONALD R. THOMAS AND NANCY L. THOMAS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS VS. AI HUA CHEN, DEFENDANT No. 2008 - 4861 VS. NANCY L. THOMAS. CROSS-CLAIM DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Cross-claim 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 A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Attorney for Plaintiffs and Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Ai Hua Chen l? Date: November 14, 2008 Donald R. Dbfer, Esquire Attorney for Cross-claim Defendant, Nancy L. Thomas nj TI rn i'.n t .1 08-019712 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Cross-claim Defendant, Nancy L. Thomas DONALD R. THOMAS AND NANCY L. THOMAS, PLAINTIFFS VS. AI HUA CHEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4861 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF CROSS-CLAIM DEFENDANT, NANCY L. THOMAS, TO CROSS-CLAIM OF DEFENDANT, AI HUA CHEN 32. Paragraphs 1 through 31 are incorporated herein by reference, and made a part hereof as if set forth in full. 33. Admitted as stated. 34. Admitted as stated. 35.-38. Denied. Paragraphs 35 through 38 of Cross-claim to Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. § 1029(e). WHEREFORE, Cross-claim Defendant, Nancy L. Thomas, respectfully requests your Honorable Court to dismiss the Cross-claim of Defendant, Ai Hua Chen, with prejudice. Respectfully submitted, LAW OFFZSR, & DORER Date: December 29, 2008 By: b' Donald R. Dorer, Esquire Attorney for Cross-claim Defendant, Nancy L. Thomas Identification No. 39126 08-019712 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Cross-claim Defendant, Nancy L, Thomas DONALD R. THOMAS AND NANCY L. THOMAS, PLAINTIFFS VS. AI HUA CHEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4861 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Nancy L. Thomas verify that the statements made in the foregoing Answer of Cross- claim Defendant, Nancy L. Thomas, to Cross-claim of Defendant, Ai Hua Chen 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: Z 4 / v J Nancy L. Thomas _/ 08-019712 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Cross-claim Defendant, Nancy L, Thomas DONALD R. THOMAS AND NANCY L. THOMAS, PLAINTIFFS VS. AI HUA CHEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4861 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Cross-claim Defendant herein, and that he caused a true and correct copy of the attached Answer of Cross- claim Defendant, Nancy L. Thomas, to Cross-claim of Defendant, Ai Hua Chen to be served by regular first class mail upon: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Attorney for Plaintiffs and Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Ai Hua Chen Date: December 29, 2008 Donald R. Dorer, Esquire Attorney for Cross-claim Defendant, Nancy L. Thomas ?,AF,.M. DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4861 CIVIL TERM CIVIL ACTION-LAW PLAINTIFFS NANCY L. THOMAS AND DONALD R. THOMAS' MOTION FOR STATUS CONFERENCE AND NOW, come the Plaintiffs, Donald R. Thomas and Nancy L. Thomas, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs are represented in this personal injury action by Michael A. Scherer, Esquire. 2. Plaintiff Nancy Thomas is represented by Donald Dorer, Esquire, on Defendant's cross-claim alleging that Nancy Thomas' negligence caused the automobile accident in question. 3. Defendant Ai Hua Chen is represented by David Cook, Esquire. 4. The pleadings were closed in this matter over a year ago. 5. Written discovery was completed in January, 2009, however, Defendant refused to schedule Plaintiffs' depositions until August 5, 2009. 6. Following Plaintiffs' depositions, Attorney Cook suggested that he would order an independent medical examination of Nancy Thomas. 7. On August 6, 2009, undersigned counsel requested that if the independent medical examination were going to be pursued, that it be scheduled without delay so that the case did not become dormant again. 8. On August 28, 2009, undersigned counsel wrote to attorney Cook again because attorney Cook did not respond to undersigned counsel's August 6, 2009 letter. 9. Sometime thereafter attorney Cook spoke to undersigned counsel by phone and indicated a desire to pursue the independent medical examination but attorney Cook expressed doubt as to which physician he would select to complete the examination. Undersigned counsel encouraged attorney Cook to make a selection and get the examination scheduled. 10. On October 5, 2009, undersigned counsel called attorney Cook because undersigned counsel has heard nothing about the examination. Attorney Cook has not returned undersigned counsel's call. 11. Two months have elapsed with no activity on this case and an independent medical examination is not even scheduled. 12. Plaintiffs' injuries are severe and they want compensation for their injuries. 13. No judge has been assigned to this case or taken prior action on it. 14. Attorney Cook has not returned undersigned counsel's call therefore it is presumed he would oppose this motion. 14. Attorney Dorer has promptly answered all requests for discovery and he concurs in this motion. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court schedule a status conference in this case to set some deadlines to keep this case moving. Respectfully submitted, O'BRIEN, BARIC & SCHERER "I , V Esquire Michael A. Scherer, Esquire I. D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/personalinjury/thomas/statusconference.mot CERTIFICATE OF SERVICE hereby certify that on October, 2009, I, Andrea M. Ramos, secretary at O'Brien, Baric & Scherer, did serve a copy of Plaintiffs Nancy L. Thomas and Donald R. Thomas' Motion for Status Conference, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Donald Dorer, Esquire Snyder and Dorer 214 Senate Avenue, Suite 503 Camp Hill, Pennsylvania 17011 David Cook, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 t Andrea M. ?amo FILE OF THE P i `E ! s`;??Ar?Y 2H9 OCT -9 PH 18 - n ? cull v'. OCT i L 2009A DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4861 CIVIL TERM CIVIL ACTION-LAW ORDER OF COURT AND NOW, this ?d day of _, 2009, upon consideration of y Plaintiffs' Motion for a Status Conference, it is hereby ORDERED that a Status Conference is scheduled to occur in the Chambers of the Honorable on the ? day of 2009 at awn.*mi' ?, . BY THE COURT, f Distribution: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street C4disle, Pennsylvania 17013 Donald Dorer, Esquire Snyder and Dorer 214 Senate Avenue, Suite 503 Cam Hill, Pennsylvania 17011 David Cook, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 ? w/r3wr1 ?-n'7 t`f n'_I f.*?-. r LED Fr Ut 0 -!C. pp ' r-All yTARY 2009 OCT 13 PM 3: 61 ` r.?i ff,? rrr"'I..j? ;o 1lYf Y?AI j(.j DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs vs. Al HUA CHEN, Defendant VS. NANCY L. THOMAS, Cross-claim Defendant ORDER AND NOW, this /5` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4861 CIVIL JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE day of November, 2009, following status conference with counsel in Chambers, the following case management order is entered: 1. Plaintiffs' expert reports shall be forthcoming on or before December 31, 2009; 2. An independent medical examination shall proceed on January 6, 2010; 3. Dispositive motions, if any, shall be filed on or before January 15, 2010; and 4. The defendant will share his expert reports on or before February 1, 2010. It is the intention of counsel that this matter be tried during the civil week commencing April 26, 2010. The matter shall be listed by counsel with the observation that the last day for setting down causes for the April term is March 8, 2010. BY THE COURT, __-4- A/ Kevin . Hess, J. ./Michael A. Scherer, Esquire For the Plaintiffs /avid Cook, Esquire For the Defendant Donald Dorer, Esquire For Cross-claim Defendant :rlm FLED-'.s ((iL OF THE Pr'0 -'nNOTARY 2069 NOV 20 61 8: 8 3 WAD. pa" ?I\i?Jf UVi^??!A 4 ^ 1 4-, 7 RED-OFFICE OF THE RPOT ObTARY PRAECIPE FOR LISTING CASE FOR TRIAL 1C MAR -4 AM f0* 34 (Must be typewritten and submitted in triplicate) CUt?p?:+- b-','AU tJou " TO THE PROTHONOTARY OF CUMBERLAND COUNTY F'EN SYLk/ANIA Please list the following case: ? for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DONALD R. THOMAS and NANCY L. THOMAS (check one) ? Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) vs. AI HUA CHEN (Defendant) vs. The trial list will be called on March 30, 2010 and Trials commence on April 26, 2010 Pretrials will be held on April 7, 2010 (Briefs are due 5 days before pretrials No. 2008-4861 . CivilTerm Indicate the attorney who will try case for the party who files this praecipe: Michael A. Scherer, Esq., 19 West South Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: David E. Cook, Esq., 110 South Northern Way, York, PA 17402 Donald Dorer, Esq., 214 Senate Avenue, m 11, PA 17011 This case is ready for trial. Signed: Print Name: Michael A. Scherer, Esquire Date: Marl 2-W o Attorney for: Plaintiffs Is7, C DONALD R. THOMAS AND NANCY L. THOMAS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Al HUA CHEN, DEFENDANT NO. 08-4861 CIVIL IN RE: PRE-TRIAL ORDER OF COURT .. Y f r ro C,) AND NOW, this 7th day of April, 2010, after pre-trial conference with counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this case shall be Michael Scherer, Esquire for Plaintiffs, David Cook, Esquire for Defendant, and Donald Dorer, Esquire for Cross-Claim Defendant. 2. There are no judicial conflicts in this matter. 3. Cross Claim Defendant counsel Donald Dorer, has a pre-trial conference scheduled in Franklin County for the morning of April 26, 2010. He indicates he will be back in Carlisle and ready for trial on or about 12:00 noon on April 26, 2010. Accordingly, this case should not be scheduled for jury selection before that time. 4. Counsel have indicated that the trial will take approximately 2 - 3 days. 5. Donald and Nancy Thomas will be granted four peremptory challenges. Ai Hua Chen will be granted four peremptory challenges. 6. There is no need for a view in this matter. 7. Given the relatively short duration of this trial, all counsel have agreed that jurors will not be permitted to take notes. 8. All parties have been directed to prepare an exhibit list pursuant to the example attached. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. All visual aids used in the case shall be disclosed to the opposing party. 9. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on April 23, 2010, a list of numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 10. On or before 12:00 p.m. on April 23, 2010, the parties will provide a proposed verdict slip to the Court for review. 11. INTERPRETER - Attorney for Defendant Chen indicates that his client may need a Chinese interpreter. Previously, the Defendant's son has interpretered for him. I have directed that counsel advise the Court of the type of Chinese dialect required. The Court Administrator will then contact counsel with regard to the cost of a court certified interpreter. It appearing that the Defendant would be responsible for this cost, the Defendant can then decide whether he wants a certified court interpreter or will utilize his son as an interpreter. By the Court, M. L. Ebert, Jr., J. ichael Scherer, Esquire For Plaintiffs ,,,?avid Cook, Esquire For Defendant maid Dorer, Esquire For Cross Claim Defendant Court Administrator , bAS • 41'1'10 bas l?p?fS rn?tbr,'CL ?I? 111Iry//O T a -' COMMONWEALTH OF PENNSYLVANIA V. ANTYANB ROBINSON . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-1183 CRIMINAL CHARGE: (1) CRIMINAL HOMICIDE - MMER OF THE FIRST DEGREE (2) CRIMINAL ATTEMPT TO MURDER (3) AGGRAVATED ASSAULT (4) CRIMES COMMITTED WITH FIREARMS (6) FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE AFFIANT: DETECTIVE RONALD EGOLF COMMONWEALTH'S EXHIBIT LIST EXHIBIT NUMBER DESCRIPTION 1 Photograph of injury to Tara Hodge's head 2 Used envelope bearing handwriting of Tara Hodge 3 Photograph of the front of building at 117-119 West Louther Street 4 Exterior side view of Tara Hodge's apartment 5 Photograph of body of Rashawn Bass in shower 6 Closeup photograph of Rashawn Bass with bullet casing on shoulder 7 Diagram of Tara Hodge' s apartment B Plastic shower enclosure from Tara Hodge's apartment 9 Address book of Tara Hodge 10 Date book of Tara Hodge i ,? DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. AI HUA CHEN, Defendant V. NANCY L. THOMAS, Defendant SPECIAL VERDICT SLIP AS TO PLAINTIFF DONALD R. THOMAS QUESTION 1. WAS DEFENDANT AI HUA CHEN, NEGLIGENT IN THE OPERATION OF HIS VEHICLE? e YES : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2008 - 4861 CIVIL TERM NO IF YOU ANSWER "YES" PROCEED TO QUESTION 2. IF YOU ANSWER "NO" YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS. QUESTION 2. WAS THE NEGLIGENCE OF DEFENDANT, AI HUA CHEN, A FACTUAL CAUSE OF PLAINTIFF DONALD R. THOMAS' INJURY? YES _X_ NO IF YOU ANSWER "YES" PROCEED TO QUESTION 3 & 4. IF YOU ANSWER "NO" YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS. QUESTION 3. STATE THE AMOUNT OF DAMAGES, IF ANY, SUSTAINED BY PLAINTIFF, DONALD R. THOMAS, AS A RESULT OF THE MOTOR VEHICLE ACCIDENT. (a) LOST WAGES $ /-7 2 U, Q 0 (b) PAST AND FUTURE NONECONOMIC LOSS $ TOTAL r' QUESTION 4. STATE THE AMOUNT OF DAMAGES, IF ENTITLED TO RECOVER ON HER LOSS THE INJURIES SUSTAINED BY PLAIN' DATE: 2010 ANY, PLAINTIFF NANCY L. THOMAS IS OF CONSORTIUM CLAIM ARISING FROM PIFF DONALD R. THOMAS. JURY bR SON r DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. AI HUA CHEN, Defendant V. NANCY L. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008 - 4861 CIVIL TERM SPECIAL VERDICT SLIP AS TO PLAINTIFF NANCY L. THOMAS QUESTION 1. WAS DEFENDANT AI HUA CHEN, NEGLIGENT IN THE OPERATION OF HIS VEHICLE? YES X NO IF YOU ANSWER "YES" PROCEED TO QUESTION 2. IF YOU ANSWER "NO" YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS. QUESTION 2. WAS THE NEGLIGENCE OF DEFENDANT, AI HUA CHEN, A FACTUAL CAUSE OF PLAINTIFF NANCY L. THOMAS` INJURY? YES_ NO IF YOU ANSWER "YES", PROCEED TO QUESTION NO. 3. IF YOU ANSWER "NO" YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS. QUESTION 3. WAS NANCY THOMAS NEGLIGENT IN THE OPERATION OF HER VEHICLE? YES NO X IF YOU ANSWER "YES" PROCEED TO QUESTION 4. IF YOU ANSWER "NO" PROCEED TO ST 0 67 QUESTION 4. WAS THE NEGLIGENCE OF NANCY THOMAS A FACTUAL CAUSE OF HER INJURY? YES NO IF YOU ANSWER "YES" PROCEED TO QUESTION NO. 5. IF YOU ANSWER "NO" PROCEED TO QUESTIONS NO. 6 AND 7. QUESTION 5. TAKING THE COMBINED NEGLIGENCE THAT WAS A FACTUAL CAUSE OF PLAINTIFF, NANCY THOMAS' INJURY AS ONE HUNDRED PERCENT (100%), WHAT PERCENTAGE OF THAT CAUSAL NEGLIGENCE WAS ATTRIBUTABLE TO EACH PARTY? PERCENTAGE OF CAUSAL NEGLIGENCE ATTRIBUTABLE TO DEFENDANT, AI HUA CHEM. % PERCENTAGE OF CAUSAL NEGLIGENCE ATTRIBUTABLE TO CROSS- CLAIM DEFENDANT, NANCY THOMAS. % IF YOU HAVE FOUND THAT PLAINTIFF NANCY THOMAS' CAUSAL NEGLIGENCE TO BE MORE THAN 50 PERCENT, THEN PLAINTIFF NANCY THOMAS CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS. OTHERWISE PROCEED TO QUESTIONS 6 AND 7. QUESTION 6. STATE THE AMOUNT OF DAMAGES, IF ANY, SUSTAINED BY PLAINTIFF, NANCY THOMAS, AS A RESULT OF THE MOTOR VEHICLE ACCIDENT. DO NOT REDUCE THE AMOUNT OF DAMAGES BY THE PERCENTAGE OF CAUSAL NEGLIGENCE, IF ANY, THAT YOU ATTRIBUTED TO NANCY THOMAS. (a) PAST MEDICAL EXPENSES (b) PAST AND FUTURE NONECONOMIC LOSS (C) FUTURE MEDICAL EXPENSES TOTAL QUESTION 7. $ 79 $ ..__ 0 $ 3 12 , yl STATE THE AMOUNT OF DAMAGES, IF ANY, PLAINTIFF DONALD R. THOMAS IS ENTITLED TO RECOVER ON HIS LOSS OF CONSORTIUM CLAIM ARISING FROM THE INJURIES SUSTAINED BY PLAINTIFF NANCY THOMAS. q TOTAL $ 9, / R 31? ry f r DATE: Zb 2010 JURY FOREPERSON 7 -?oZ ;7 n DONALD R. THOMAS AND NANCY L. -VS_ Al HAUA CHEN UR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 20084861 CIVIL. Judge: GUIDO Attorney: M idiae/l? Scherer X Attorney: (. )gyid l ooh. Ix?ual rC' J Date: fe ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 11t111m1M1NMI111 APR26-34 ot 2 immiemonan APR26-81 SHETTEL, LINDA M 3 1111i11m1NINizen APR26-8 STUM, DENNIS R 4 1111i111111NNNN1I N APR26-338 BONNER, NICHOLAS B 5 iNm111mimummuiv APR26-296 KEEN, BRIGID C 6 1I111111111111N1N11 APR26-78 SCHALK, SHEILA K 7 INmN111111N1 nin APR26-249 8 IN11iso mmiNi111 APR26-72 BLAHUSCH, KAREN M 9 1111 iN 1iI NI IIN 111111 APR26-237 YEAGER, ROMAINE I 1011111111010010MIl APR26-259 11 11011001011111111 APR26-275 TAYLOR, DEBORAH A 12 iNmIN1nimi me APR26-105 SEIPLE, DONALD J 13 I111111N1111i1mun APR26-312 SUN DA*, 1 WD ? S J? 1? 14 1111 in ill Im II III 1i 11 APR26-350 1 15111111111iA11111i1I11 APR26-167 16 iNNoN1INIlII ion APR26-83 BENNETT, KEVIN E 17 1111111umniN11111 APR26-184 REED, ANTHONY J 18 1111im111111111 ive 19 1111i111I1111i11111 APR26-196 APR26-157 BASTIAN, HAROLD E .,Wffiffibi, * ? q 20 i111i11IIiN11i11IN1I APR26-127 HAYS, BILLYE J 21 IImli1im11111Ii11111 APR26-11 NW"f, 22 111 ismi1111111nin APR26-197 NISSEL, DAVID P In the Court of Commons Pleas of Cumberland County, PA., DONALD R. THOMAS AND NANCY L. Docket No. 20084861 CIVIL Judge: GUIDO - V S ---- AI HAUA CHEN Attorney: Attorney: Date: JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D INNIINII?NINNNNIN APR26-262 ROLDAN, DAVID , 24 I NIIINNN APR26-96 WOERMANN, CHERYL L 00 25 INNNNBIININRII11 APR26-198 BALLEW, KATHLEEN A 26 IANmNNmNNmen APR2 1 MICULITA, GARY A 27 iingIomIINNNnnII APR26-113 VLIN, DEBRA L 28 ImmmNaINIINIIINNM APR26-17 FARNE INDA K 29 iinio nNNINNinimNN APR26-280 CUTTING, CAR A 30 IIINNsmInNNmun APR26-130 KITSMILLE A 31 INNHYNIIINIoNNINIININN APR26-331 HE KELLY M 32 INNNINIIBInNNINNININN APR25 FOSCHI, ANTHONY J 33 INNNINNI?IpIIIII?I?NBNN 6-260 LINDSTROM, KIM J 34 INNN?N?NININN N APR26-7 CARCHIDI, JAMES 35 I IINIIINI?INII APR26-77 DAY, JO A 3 37 38 39 40 41 42 43 44 0 -4 DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant V. NANCY THOMAS, Cross-Claim Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4861 CIVIL TERM CIVIL ACTION-LAW MOTION FOR POST-TRIAL RELIEF OF PLAINTIFFS DONALD AND NANCY THOMAS PURSUANT TO PA.R.C.P. 227.1 AND NOW, come Nancy and Donald Thomas, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. This case was tried before a jury commencing on April 26, 2010 before the Honorable Edward E. Guido. A verdict was rendered on April 28, 2010. 2. The jury returned a verdict finding that the defendant Mr. Chen was 100% at-fault for the accident and that Mr. Chen's negligence was the factual cause of the harm to both Nancy and Donald Thomas. 3. The defense admitted that Donald Thomas sustained a fractured clavicle in the motor vehicle accident and acknowledged that Donald's injuries would have produced non-economic damages including pain and suffering. 4. The jury awarded Donald Thomas lost wages, thereby acknowledging that the injury prevented him from gainful employment for six weeks after the accident. 5. The jury failed to award Donald Thomas non-economic damages in the form of compensation for past pain and suffering, contrary to the Court's instructions and contrary to our Supreme Court's mandates in Neison v. Hines, 539 Pa. 515, 653 A.2d 634 (1995), which held that "where there is evidence of an injury, an award of zero damages for pain and suffering bears no reasonable relation to the verdict." 6. The jury's verdict is inconsistent, insufficient and against the weight of the evidence. (See Monschein v. Phifer, 771 A.2d 18 (Pa.Super. 2001), where trial court was affirmed on appeal after granting new trial new trial where jury awarded lost earnings but nothing for pain and suffering). 7. The jury awarded Nancy Thomas the sum of $3,000.00 for past, present and future non-economic damages. 8. The jury's award to Nancy Thomas for non-economic damages was insufficient and against the weight of the evidence in that: A. The defense medical expert acknowledged that Nancy Thomas sustained a significant ankle fracture. B. The defense medical expert acknowledged than Nancy Thomas sustained a cervical strain in the accident. C. Nancy Thomas required a five night hospital stay, an operation including the insertion of plates and nine screws in her ankle, and extensive physical therapy to rehabilitate her ankle. D. The defense medical expert testified that he would not be surprised if Nancy Thomas had to undergo a future operation to remove the plate and screws from her ankle. E. The defense expert testified that Nancy Thomas did not have a prior injury to her neck or her right ankle. F. The defense expert testified that the superficial peroneal nerve in Nancy Thomas' right ankle/foot was the source of her present pain and suffering. 9. Nancy Thomas had to pay to medical experts to testify in order to bring her case to trial. 10. The award of the jury as to Nancy Thomas for past, present and future pain and suffering shock's one sense of justice in that Nancy Thomas paid twice as much to medical experts for depositions for trial than the jury awarded her in damages. 11. A litigant who proves their case should have a reasonable expectation that, at a minimum, reasonable costs and fees expended in preparation for trial will be awarded to the prevailing party by the jury. 12. The award of a new trial is within the sound discretion of the trial court and will not be disturbed absent an abuse of discretion. See Monschein v. Phifer, 771 A.2d 18 (Pa.Super. 2001). 13. Attorney David Cook opposes the within motion. WHEREFORE, Nancy and Donald Thomas respectfully request a new trial or a new trial on the issue of damages only. Respectfully submitted, BARIC SCHERER Mi ael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on May 7, 2010, I, Lori Duncan, secretary at Baric Scherer, did serve a copy of the Motion for Post-Trial Relief of Plaintiffs, Donald and Nancy Thomas , by first class U.S. mail, postage prepaid, to the parties listed below, as follows: David E. Cook, Esquire Donald Dorer, Esquire Griffith, Strickler, Lerman, Solymos & Calkins Law Offices of Snyder & Dorer 110 South Northern Way 214 Senate Avenue, Suite 503 York, Pennsylvania 17402 Camp Hill, Pennsylvania 17011 { --`` - on Duncan All DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant V. aar 11 YU10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4861 CIVIL TERM NANCY THOMAS, Cross-Claim Defendant CIVIL ACTION-LAW 3 r 1 t C.? CJ »? ORDER OF COURT AND NOW, this ?/ l7 t y of May, 2010, upon consideration of the within Motion for Post-Trial Relief, it is hereby Ordered that: 1. Plaintiff shall file a brief in support of the Motion for Post-Trial within twenty days of the date of this Order; 2. Defendant and Cross-Claim Defendant shall file a reply brief within forty days of the date of this Order; 3. Oral argument shall be held on the day of 2010 at ??a.m./p.m. By the urt, Michael A. Scherer, Esquire 19 W. South Street Carlisle, PA 17013 Edward E. Guido, J. 11 r' Donald Dorer, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 avid E. Cook, Esquire 110 South Northern Way York, Pa 17402 f, Coo 1 iEs rn4'L-5:cL I w INO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, V. Defendant NANCY L. THOMAS, Cross-Claim Defendant NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR TRIAL TRANSCRIPT BY DEFENDANT All HUA CHEN 0 Defendant Ai Hua Chen, through the undersigned counsel hereby certifies that the trial transcript is necessary for disposition of the post-trial motions. WHEREFORE, Defendant respectfully requests that the trial transcript from April 26 through April 29, 2010 be transcribed. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, §OLYMOS & CALKINS BY: Date: June r,201 0 DAVID E. COOK, ESQUIRE Attorney I . D. 78318 Attorney for Defendant Chen 110 S. Northern Way York, PA 17402 (717) 757-7602 (717) 757-3783 - facsimile Dcook@gslsc.com r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs NO. 2008-4861 CIVIL TERM V. CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED V. NANCY L. THOMAS, Cross-Claim Defendant CERTIFICATE OF SERVICE Donald R. Dorer, Esquire Law Offices of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (Attorney for Cross-Claimant) AND NOW, this 2f day of June, 2010, 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 Request for Trial Transcript, via first-class mail, addressed to the party or attorney of record as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) DAVID E. COOK, ESQUIRE Attorney I.D. 78318 Attorney for Defendant Chen 110 S. Northern Way York, PA 17402 (717) 757-7602 (717) 757-3783 - facsimile Dcook@gslsc.com t • ?DTA.RY 2010 JUN -1 AM 11: ?5 cum "? ,?;I,lTY 1 IN THE COURT OF COMMON PLE? _:A W CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NO. 2008-4861 CIVIL TERM NANCY L. THOMAS, Plaintiffs V. CIVIL ACTION - LAW Al HUA CHEN, Defendant JURY TRIAL DEMANDED v. NANCY L. THOMAS, Cross-Claim Defendant PRAECIPE TO DISMISS THE CROSS-CLAIM AGAINST DEFENDANT NANCY L. THOMAS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the Cross-claim of Ai Hua Chen against Nancy L. Thomas, in the above-captioned matter with prejudice and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY -MICHAEL B. SCHEIB, ESQUIRE _ Supreme Court I.D. #63868 DAVID E. COOK, ESQUIRE Supreme Court I.D. #78318 110 South Northern Way York, Pennsylvania 17402 Telephone: 717-757-7602 Attomeys for Defendant, Ai Hua Chen { I Ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, Defendant V, NANCY L. THOMAS, Cross-Claim Defendant NO. 2008-4861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this A !"day of June, 2010, I, David E. Cook, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Dismiss the Cross-Claim against Defendant Nancy L. Thomas with Prejudice, by regular mail, addressed to the party or attorney of record as follows: Michael A. Scherer, Esquire Donald R. Dorer, Esquire O'Brien, Baric & Scherer Law Offices of Snyder & Dorer 19 West South Street 214 Senate Avenue, Suite 503 Carlisle, PA 17013 Camp Hill, PA 17011 (Attorney for Plaintiffs) (Attorney for Cross-Claimant) Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: DAVID E. COOK, ESQUIRE Supreme Court I.D. #78318 110 South Northern Way York, Pennsylvania 17402 Telephone: 717-757-7602 Attorneys for Defendant, Ai Hua Chen f $ 1 F? t? Juwaq PM r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD R. THOMAS and NANCY L. THOMAS, Plaintiffs V. Al HUA CHEN, Defendant NO. 2008-4881 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this 491^daY of July, 2010, upon notification by the parties that the above-captioned matter has settled and that the hearing scheduled for July 22, 2010 on Plaintiffs' Motion for Post-Trial Relief is no longer necessary, the Court DIRECTS that the hearing scheduled for July 22, 2010 is CANCELLED. BY COUR . JUDGE Distribution: ./ Michael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 (for Plaintiffs) -- <avid E. Cook, Esquire, 110 S. Northern Way, York, PA 17402 (for Defendant) Court Administrator 7/a9/w ?. i . r LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERTA. LERMAN• PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTr MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE°+ 'Also Member MD Bar U.M (Taxatlong also Member CT Bar 'Also Member NY and D.C. Bare -Also Member NJ Bar +Board Certified Civil Trial Attorney By the Not" Board of Trial Advocacy 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX*(717)767-3783 EMAIL' !0f2ftbMoom WEBSIT : w%w.calac.com HANOVER OFFICE 846 Broadway Hanover, PA 17331 (717) 637-0140 David E. Cook's EMAIL: Dowkftbl o.eom Please reply to York office ANN MARGARET GRAB DAVID E. COOK GREGORY W. BAIR 11 ERICK V. VIOLAGO JOHN C. PORTER- MICHAEL P. BIANCHINI July 21, 2010 Via a-mail The Honorable Edward E. Guido Cumberland County Court House One Court House Square Carlisle, PA 17013-3387 Re: Donald R. & Nancy L. Thomas v. Ai Hua Chen Cumberland County C.C.P. No. 2008-4861 Civil Term Dear Judge Guido: Please be advised that the parties have been able to reach an amicable resolution of the above- captioned matter. As a result of the settlement, the parties have agreed that oral argument on Plaintiffs' Motion for a New Trial, currently scheduled for July 22, 2010, should be cancelled. I have taken the liberty of drafting a proposed Order cancelling the hearing, which I have attached for the Court's convenience. Should Your Honor have any questions or concerns regarding this correspondence, please do not hesitate to contact me. Very truly yours, DAVID E. COOK Chen-ltr.dm Attachment cc: Michael Scherer, Esquire (counsel for Plaintiffs) .1010 AOto lq PA' 3%38 r• DONALD R. THOMAS and NANCY L. THOMAS Plaintiffs V. Al HUA CHEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4861 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO MARK THE DOCKET AS SETTLED AND SATISFIED TO: PROTHONOTARY Please mark the docket in the above-captioned matter as settled and satisfied. Respectfully submitted, BARIC SCHERER BY: /A-",- UIZ? I Mic ael A. Sch rer, Esquire 1 PA 1D 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs Donald and Nancy Thomas CERTIFICATE OF SERVICE I hereby certify that on August 19, 2010, I, Jennifer S. Lindsay, secretary at Baric Scherer, did serve a copy of the Praecipe To Mark The Docket As Settled and Satisfied, by first class U.S. mail, postage prepaid, to the party listed below, as follows: David E. Cook, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 *44 . Linds