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Home My WebLink About04-5881STEPHEN S. PENNINGTON, ESQUIRE Attorney I.D. No.: 31612 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103 Telephone No.: (215) 564-9090 SHALINDA MACON Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04- ?;- ? 91 Q'c ..1- V FRANCES J. BARTON Defendant CIVIL ACTION - LAW THIS IS AN ARBITRATION MATTER COMPLAINT - CIVIL ACTION NOTICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 iAVISO YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mAs adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dlas despu6s 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 adviert*de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. h SHALINDA MACON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: D 4_ s 8 S COQ `?u V. CIVIL ACTION - LAW FRANCES J. BARTON Defendant THIS IS AN ARBITRATION MATTER PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Shalinda Macon, by and through her attorney, Stephen S. Pennington and respectfully represents as follows in support of this Complaint: 1. Plaintiff, Shalinda Macon, is an adult individual residing at 4 Dulles Drive, Apt. G-8, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Frances J. Barton, is an adult individual residing at 400 N. 25`' Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The events giving rise to this cause of action occurred at approximately 8:00 a.m. on or about November 25, 2002 on State Road 1014, Eastbound, prior to the N. 2°d Street off ramp in Wormlesysburg, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Shalinda Macon, was the owner and operator of her 2001 Saturn automobile, and was driving eastbound on state highway 1014 in the right lane when Defendant, Frances J. Barton, operating a 2001 Mercedes automobile changed lanes from left to right, failing to use her turn signal, forcing plaintiff 1 to swerve right onto the shoulder of the highway, thereby causing plaintiff to lose control of her automobile, and causing plaintiff's automobile to cross traffic, strike the concrete median barrier and flip onto its roof, resulting in the injuries that give rise to this cause of action. 5. At the aforesaid time and place, the accident and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Frances J. Barton, in that she: a) failed to use her turn signal when changing lanes; b) overtook plaintiff's vehicle on the left; C) failed to operate her vehicle at a safe speed; d) failed to maintain her car under proper and lawful control; e) failed to stop before causing an accident; f) failed to keep a proper lookout; g) failed to see what she should have seen; h) failed to notice the imminence of an accident and to take the necessary steps to avoid the same; and, i) acted without regard for the safety and rights of other motorists and their passengers, including Plaintiff. Plaintiff v. Defendant: Negligence 6. The averments set forth in paragraphs 1 through 5 above are incorporated herein by reference. 7. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Frances J. Barton, the Plaintiff, Shalinda Macon, has suffered injuries 2 which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) cervical and lumbar strain; b) a left parietal scalp contusion; c) multiple cervical subluxations; d) thoracic spine subluxations; e) lumbar spine subluxations; f) lumbosacral/sacroiliac subluxations 8. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Frances J. Barton, the Plaintiff, Shalinda Macon, has been obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered and may be obligated to continue to incur such expenses for an indefinite time in the future. 9. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Frances J. Barton, the Plaintiff, Shalinda Macon, has suffered loss of earnings and/or impairment of her earning capacity and power. 10. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Frances J. Barton, the Plaintiff, Shalinda Macon, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities. 11. As a further direct and proximate result of the negligent, careless and /or reckless 3 acts of the Defendant, Frances J. Barton, the Plaintiff, Shalinda Macon, has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Frances J. Barton, the Plaintiff, Shalinda Macon, has suffered a loss of life's pleasures, and in the future will continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Shalinda Macon demands judgment against Defendant, Frances J. Barton, in an amount not in excess of the $25,000.00 compulsory arbitration limits plus costs and interest as provided by law. RESPECTFUL BMITTED: St hen S. Pennington, quire I.D. No.: 31612 LAW OFFICE OF STEP N S. PENNINGTON 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103 Phone: (215) 564-9090 ATTORNEY FOR PLAINTIFF DATED: November 19, 2004. 4 VERIFICATION Stephen S. Pennington, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, Shalinda Macon, that said Plaintiff Macon cannot make the verification to the foregoing complaint because Plaintiff Macon's verification cannot be obtained within the time allowed for filing, and the facts set forth in the foregoing are true and correct upon his personal knowledge, info„ n and belief. i t hen Pennington Date: November 18, 2004 ^ t - n fi ;, r r CAC h -AC C.3 Y Cr ? t] ; i ?^rt . SHALINDA MACON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-5881 Civil Term v CIVIL .ACTION- LAW FRANCES J. BARTON Defendant THIS IS AN ARBITRATION MATTER PRAECIPE TO SUBSTITUTE VERIFICATION Filed on Behalf of the Plaintiff Counsel of Record for this Party: Stephen S. Pennington, Esquire I.D. No.: 31612 LAW OFFICE OF STEPHEN S. PENNINGTON 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA. 19103 (215) 564-9090 DATED: 12/21/04 SHALINDA MACON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-5851 Civil Term v CIVIL ACTION- LAW FRANCES J. BARTON Defendant THIS IS AN ARBITRATION MATTER PRAECIPE TO SUBSTITUTE VERIFICATION TO: THE PROTHONOTARY Kindly substitute the attached verification for complaint filed on November 22, 2004, signed by plaintiff, Shalinda A. Macon for the verification previously signed by her attorney, Stephen S. Pennington, Esquire. TON, ESQUIRE LAW OFFICE OF STLPHE. 1617 J.F.K. Blvd., Suite 800 Philadelphia, PA 19103 (215) 564-9090 Counsel for Plaintiff S. PENNINGTON DATED: 12/21/04 VERIFICATION I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorit' s„ Dated: ?V P?' CERTIFICATE OF SERVICE I, Stephen S. Pennington, Esquire, hereby certify that the foregoing Praecipe to Substitute Verification was served this date via U.S. Mail, postage pre-paid on Counsel as follows: Kevin D. Rauch, Esquire Summers, McDonnell, :Hudock, Guthrie & Skeel 1017 Momma Road Lemovnel PA 17043 S. PENNINGTQt1, ESQUIRE DATED: 12/21/04 P -? --1 SHALINDA MACON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-58111 Civil Term v CIVIL ACTION- LAW FRANCES J.BARTON Defendant THIS IS AN ARBITRATION MATTER ANSWER TO NEW MATTER Filed on Behalf of the Plaintiff Counsel of Record for this Parry: Stephen S. Pennington, Esquire I.D. No.: 31612 LAW OFFICE OF STEPHEN S. PENNINGTON 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103 (215) 564-9090 DATED: 1/11/05 SHALINDA MACON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, NO.: 04-5851 Civil Tenn v CIVIL ACTION- LAW FRANCES J.BARTON Defendant THIS IS AN ARBITRATION MATTER PLAINTIFF'S ANSWER TO NEW MATTER 13. Denied. The averments of paragraph 13 are conclusions of law to which no responsive pleading is required. To the extent these averments are deemed factual, they are denied. 14. Denied. The averments of paragraph 14 are conclusions of law to which no responsive pleading is required. To the extent these averments are deemed factual, they are denied. 15. Denied. It is denied that plaintiff selected the limited tort option. The remaining averments of paragraph 15 are conclusions of law to which no responsive pleading is required. To the extent these averments are deemed factual, they are denied. 16. Denied. The averments of paragraph 16 are conclusions of law to which no responsive pleading is required. To the extent these averments are deemed factual, they are denied. WHEREFORE, plaintiff demands jWgmenttin her S. LAW OFFICE OF STE] 1617 J.F.K. Blvd., Suite Philadelphia, PA 19103 (215) 564-9090 Counsel for Plaintiff ESQUIRE S. PENNINGTON DATED: 1//11/05 CERTIFICATE OF SERVICE I, Stephen S. Pennington, Esquire, hereby certify that the foregoing Answer to New Matter was served this date via U.S. Mail, postage pre-paid on Counsel as follows: DATED: 1111105 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel ? l ?) X11 ? L? ?l??l ?? - M` ?y J ? -1, ?1 ?? r. ?? SHERIFF'S RETURN - REGULAR CASE NO: 2004-05881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MACON SHALINDA VS BARTON FRANCES J BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARTON FRANCES J the DEFENDANT , at 2108:00 HOURS, on the 7th day of December , 2004 at 400 N 25TH STREET CAMP HILL, PA 17011 FRANCES J BARTON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this day of 0,,... c? --)J A.D. So Answers: R. Thomas Kline 12/08/2004 STEPHEN PENNINGTON By. C Deputy Sheri rothonotary SHALINDA MACON V. Plaintiff FRANCES J. BARTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04-5881 CIVIL 19 CIVIL ACTION - LAW RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen S. Pennington, Esguire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $3 5 , 0 0 0 . 0 0 The counterclaim of the defendant in the action is $ 0. 0 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Stephen S. Pennington, Jamie C. Ray, Kevin D. Rauch and Joshua G. Ferguson, Jason Wrona. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted DATED: foregoing Esq., and actions) a By Court, Pill 4 ak k r- 4 oro ? m? w J ?. b 't3 CD 0, 7 it. !. J':- i 1 L ?'? J 5 64 /;/,jCO.4 IN ( 0/4 Plaintiff ?? rl,,.l ce S S `6r? r`lonl Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.Oq --,5 go I Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United onstitution of this Commonwealth and that we will discharge the duties of our office Si 5 f ?v?? f ?cY P <l Name ? N"/lL/,F,i•K Law Firm 3s,q A(eyr,k-, t,,.?7AvuO Address Sv ite ?J- Cr?It.SIP ?P I?ol? City, zip A!1?'*^ City, zip s-/ Axew CLt,. 41411v? 1 Ak ( 7070 City, Zip /a) Y3 C) /0a 9g dA } Award We, the undersigned arbitrators, having been duly appointed and swam (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) A,Plw'-j I?j o,tiF F 2,sou. Arbil , 'ssents. (Insert name if applicable Date of Hearing: (Cl}tuman) Date ofAward;_3 7 b? M tie ew"' Notice of Entry of Award Now, the ? day of 20o(- , at S. 5D , A. M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ? 90. 6D By: Deputy 5912ma,,,J Ajl?( PLC Law Firm Law um `-! I t?? STEPHEN S. PENNINGTON, ESQUIRE JAMIE C. RAY, ESQUIRE I.D. No. 31612 & No. 84132 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103 Telephone: (215) 564-2363 Attorneys for Plaintiff SHALINDA MACON Plaintiff V. FRANCES J.BARTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.04-5881 Civil Term NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Shalinda Macon appeals from the award of the board of arbitrators entered in this case on March 14, 2006. A jury trial is demanded [x]. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that: 1. The compensation of the arbitrators has been paid. JAMIE C. RAY DATED: April 4, 2006 C e- ? 3 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: xx 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) SHALINDA MACON (check one) xx Civil Action -Law ? Appeal from arbitration (other) (Plaintiff) VS. FRANCES J. BARTON (Defendant) VS. The trial list will be called on May 22, 2007 and (N/A) Trials commence on June 18, 2007 Pretrials will be held on May 30, 2007 (Briefs are due 5 days before pretrials No.04-5881 Indicate the attorney who will try case for the party who files this praecipe: Ms. Jamie C. Ray, Esquire Indicate trial counsel for other parties if known: Jason Wrona, Esquire This case is ready for trial. Signed: Print Na Jamie C. Ray, Esquire Date: April 27, 2007 Attorney for: Plaintiff LAW OFFICE OF STEPHEN S. PENNINGTON Stephen S. Pennington, Esquire Jamie C. Ray, Esquire Attorney I.D. Nos. 31612, 84132 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103 Telephone: (215) 564-2363 Attorney for Plaintiff SHALINDA MACON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5881 V. CIVIL ACTION - LAW FRANCES J. BARTON Defendant CERTIFICATE OF SERVICE I, JAMIE C. RAY, Esquire, hereby certify that the foregoing PRACIPE FOR TRIAL LISTING was served on this date by First-Class U.S. Mail, postage pre-paid upon Counsel as follows: Jason Wrona, Esquire SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 IE C. RAY DATED: April 27, 2007 r -? siz, v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHALINDA MACON, CIVIL DIVISION Plaintiff, V. NO. 04-5881 Civil Term PRAECIPE TO STRIKE CASE LISTED FOR TRIAL FRANCES J. BARTON, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHALINDA MACON, CIVIL DIVISION Plaintiff, V. NO. 04-5881 Civil Term FRANCES J. BARTON, (Jury Trial Demanded) Defendant. PRAECIPE TO STIKE CASE LISTED FOR TRIAL TO: THE PROTHONOTARY Kindly strike the above-referenced case from the June 18, 2007, trial term. Plaintiffs counsel concurs with this request. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHALINDA MACON, Plaintiff, V. FRANCES J, BARTON, Defendant. CIVIL DIVISION NO. 04-5881 Civil Term (Jury Trial Demanded) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO STIKE CASE LISTED FOR TRIAL served on Counsel of Record, Jamie C. Ray, Esquire via electronic mail at Jamiecray@aol.com, this 18 day of May, 2007. SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL L.L.P. By: ) WAA,)4 /?c Kevin D. Rauch, Esquire Counsel for Defendant C z ` C w ti 10 LAW OFFICE OF STEPHEN S. PENNINGTON BY: Jamie C. Ray, Esquire Identification No.: 84132 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103 (215) 564-2363 SHALINDA MACON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: 04-5881 Civil Term v CIVIL ACTION- LAW FRANCES J. BARTON Defendant PRAECIPE AND ORDER TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter settled, discontinued and ended. LAW OFFICE OF STEPHEN S. PENNINGTON BY: C. RAY, ESQUIRE (Ansel for Plaintiff Dated: October 16, 2007 a . .01 LAW OFFICE OF STEPHEN S. PENNINGTON Stephen S. Pennington, Esquire Jamie C. Ray, Esquire Attorney I.D. Nos. 31612, 84132 1617 J.F.K. Boulevard, Suite 800 Philadelphia, PA 19103 Telephone: (215) 564-2363 Attorney for Plaintiff SHALINDA MACON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5881 V. CIVIL ACTION - LAW FRANCES J. BARTON Defendant CERTIFICATE OF SERVICE I, JAMIE C. RAY, Esquire, hereby certify that the foregoing PRACIPE and ORDER TO SETTLE DISCONTINUE AND END was served on this date by First-Class U.S. Mail, postage pre-paid upon Counsel as follows: John Lucy, Esquire SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 J IE C. RAY DATED: October 16, 2007 r?f1 _.. to -^r3 t