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HomeMy WebLinkAbout14-2010 Supreme Co ennsylvania Cou o"Mmo Teas For Prothonotary Use Only: _ n Docket No:� Sr cu I l County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S ® Complaint M Writ of Summons ® Petition E ® Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: , Devon Crews Matthew Wagner I Are money damages requested? El Yes ® No Dollar Amount Requested: ®within arbitration limits (check one) outside arbitration limits O N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? ® Yes IM No A Name of Plaintiff /Appellant's Attorney: Catherine N. Reeves, Esquire ® Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not inchide Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance ® Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S ® Product Liability (does not include E mass tort) ®Employment Dispute: ® Slander/Libel/ Defamation Discrimination C ® Other: ® Employment Dispute: Other ® Zoning Board 'I' ® Other: I ® Other: MASS TORT Asbestos sbestos N ® Tobacco ® Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ® Ejectment ® Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation © Declaratory Judgment ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute ® Non - Domestic Relations PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Residential Restraining Order ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition ® Replevin ® Legal ® Quiet Title ® Other: ® Medical ® Other: ® Other Professional: Updated 1/112011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I ` CIVIL ACTION — LAW �' o w _ DEVON CREWS : MATTHEW WAGNER� 75 Lightner Road 13 Homestead Lane" York, PA 17404 Camp Hill, PA 17011 Plaintiff(s)& Defendant(s) �= Address(es) ' Address(es) �. • ' .4r JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendant, Matthew Wagner. The Writ of Summons should be delivered to the Sheriff of Cumberland County for deputized service by the York County Sheriff upon Defendant, Matthew Wagner at the address listed above. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By i Catherine N. Reeves, Esquire I.D. No. 311267 Zachary D. Campbell, Esquire I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106 -9200 (717) 238 -8187 Date: 2014 Attorneys for Plaintiff ey- 548516-1 # ,J� ✓ �' METZGER, WICKERSHAM, P.C. By: Catherine N. Reeves, Esquire Attorney I.D. No. 311267 By: Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106 -9200 Attorneys for Plaintiff, (717) 238 -8187 Devon Crews DEVON CREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. IH-a0(6 0—k Ut� vs. ; CIVIL ACTION - LAW MATTHEW WAGNER, Defendant JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Matthew Wagner 13 Homestead Lane Camp Hill, PA 17011 You are hereby notified that Plaintiff, Devon Crews, has commenced an action against you. Date: � ' 2014 Prothonotary 548516 -1 HONO METZGER, WICKERSHAM, P.C. � O '� By: Catherine N. Reeves, Esquire Attorney I.D. No. 311267 2014� Y —I PM �� By: Zachary D. Campbell, Esquire CUMBERLAND COUNTY Attorney I.D. No. 93177 PENNSYLVANIA 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 Attorneys for Plaintiff, (717) 238-8187 Devon Crews DEVON CREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-2010 Civil vs. CIVIL ACTION - LAW MATTHEW WAGNER, Defendant JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly reissue the Writ of Summons that was issued in the above-captioned action on April 3, 2014, a copy of which is attached hereto. METZGER, WICKERSHAM,KNAUSS &ERB,P.C. By a � C eeur� Catherine N.Reeves, Esquire I.D. No. 311267 Zachary D. Campbell, Esquire I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Date: , 2014 Attorneys for Plaintiff 'l A­jt 551626-1 SHERIFF'S OFFICE OF CUMBERLAND'COUNTY Ronny R Anderson r 1pp (;',j p: ii L Sheriff ''�"'H w <r7 .�L .PROi Si iJNCJ I KRl! Jody S Smith Chief Deputy Richard W Stewart Solicitor of emit OFFICE QF LH.0 $14ER1FF 2 14 Y 13 PH 3 05 CUMBERLAND COUNTY PENNSYLVANIA Devon Crews vs. Matthew Wagner Case Number 2014-2010 SHERIFF'S RETURN OF SERVICE 04/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Matthew Wagner, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Writ of Summons according to law. 04/09/2014 10:55 AM - The requested Writ of Summons returned by the Sheriff of York County, the within named Defendant Matthew Wagner, not found. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 05/01/2014 07:32 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Summons by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Matthew Wagner at 541 Old Orchard Lane, Wormleysburg Borough, Camp Hill, PA 17011. RYAN BURGETT, DEPU SHERIFF COST: $54.44 SO ANSWERS, May 02, 2014 (c) ;ountySuito Sheriff, Teleoso t, Inc. RONNY R ANDERSON, SHERIFF Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations DEVON CREWS vs. MATTHEW WAGNER SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ES Solici Richard E Rice Chief Deputy, Administrate Case Number 14-2010 CIVIL 04/09/2014 04/22/2014 SHERIFF'S RETURN OF SERVICE 10:55 AM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: MATTHEW WAGNER AT 13 HOMESTEAD LANE, CAMP HILL, PA 17011. THE DEFENDANT WAS FOUND TO HAVE MOVED. I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: MATTHEW WAGNER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED WRIT OF SUMMONS (WOSM) AS "NOT FOUND" AT 541 OLD ORCHARD LANE, CAMP HILL, PA 17011. PER THE DEFENDANT'S MOTHER WHO STATED THAT THE DEFENDANT LIVES AT 541 OLD ORCHARD LANE, CAMP HILL, PA 17011 AND THIS IS IN CUMBERLAND CO. SHERIFF COST: $41.40 April 23, 2014 RS, ICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this j 23RD day of APRIL 2014 %4,14 PrWIHJI"dQ;`:' 21j111 OCT -6 PM 12: 56 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klm@jdsw.com DEVON CREWS, Plaintiff v. Attorneys for Defendant, Matthew Wagner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION — LAW MATTHEW WAGNER, : NO. 14-2010 Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for Defendant, Matthew Wagner, in the above -captioned action. Respectfully submitted, JOHNSON DUFFIE, STE RT & WEIDNER By: Date: October 2, 2014 655667 Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 klm@jdsw.com Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 2, 2014, as follows: Catherine N. Reeves, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, P.C. 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: 655667 Karen L. Mascio, Esquire f r L. ki I i "• THE PROT 20iti OCT -6 P1112: SC, CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffle, Stewart & Weidner By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klm@jdsw.com DEVON CREWS, Plaintiff v. Attorneys for Defendant, Matthew Wagner • • IN THE COURT OF COMMON PLEAS OF • • CUMBERLAND COUNTY, PENNSYLVANIA • • CIVIL ACTION — LAW MATTHEW WAGNER, NO. 14-2010 Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. Date: OCA‘v6.5 655675 JOHNSON, By: UFFIE, STEWART & WEIDNER c)9 Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 klm@jdsw.com , 2014 Attorney for Defendant If ,4011% CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 2, 2014, as follows: 655675 Catherine N. Reeves, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, P.C. 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 JOHNSON, DUFFIE, STEWART & WEIDNER BY: Karen L. Mascio, Esquire THE F O I IKi,J OCT -6 PHI2:56 IB EC LANC1 COUNT' IPENNSYLVAINIE Johnson, Duffie, Stewart & Weidner By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klm@jdsw.com DEVON CREWS, Plaintiff v. MATTHEW WAGNER, Defendant TO THE PLAINTIFFS: Attorneys for Defendant, Matthew Wagner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, • PENNSYLVANIA • CIVIL ACTION - LAW NO. 14-2010 JURY TRIAL DEMANDED RULE TO FILE COMPLAINT You are hereby directed to file a Complaint in the above -captioned matter within 20 days or judgment non pros will be entered against you. DATE: /OM 655675 1 4 / ./eJC PROTHONOTARY --)-/'y1 Johnson, Duffie, Stewart & Weidner By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klm@jdsw.com F cLED-0, r IL:.,�^ O ME PROTHONOTARY 2{IR OCT 10 PM 2: 20 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant, Matthew Wagner DEVON CREWS, . IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA . CIVIL ACTION — LAW v. : • NO. 14-2010 MATTHEW WAGNER, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Rule to File Complaint issued by the Court has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 9, 2014, as follows: 657019 Date: October 9, 2014 657019 Catherine N. Reeves, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, P.C. 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 Counsel for Plaintiff Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: l/CbtM Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 klm@jdsw.com Attorney for Defendant, Matthew Wagner METZGER, WICKERSHAM, P.C. By: Catherine N. Reeves, Esquire Attorney I.D. No. 311267 By: Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 R,L1_1-0; FALL Cji7" THE -.).R 11i ON 0 TA R 25111 OCT 20 Pi: II: 47 rixli3F-RLAPT) COU'..jiTY E",.!;'S Attorneys for Plaintiff, Devon Crews DEVON CREWS, Plaintiff vs. MATTHEW WAGNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-2010 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendant, Matthew Wagner c/o Karen L. Mascio, Esquire Law Offices of Johnson Duffie 301 Market Street, P. 0. Box 109 Lemoyne, PA 17043 YOU HAVE BEEN SUED 1N 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 FEB, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 551626-1 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 551626-1 METZGER, WICKERSHAM, P.C. By: Catherine N. Reeves, Esquire Attorney I.D. No. 311267 By: Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Attorneys for Plaintiff, Devon Crews DEVON CREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-2010 Civil CIVIL ACTION - LAW MATTHEW WAGNER, Defendant JURY TRIAL DEMANDED vs. COMPLAINT AND NOW, comes the Plaintiff, Devon Crews, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff Devon Crews is an adult individual who resides at 75 Lightner Road, York, York County, Pennsylvania, 17404. 2. Defendant Matthew Wagner is an adult individual residing at 541 Old Orchard Lane, Wormleysburg Borough, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth occurred on May 7, 2012, , at or about 3:10 p.m. at the intersection of Salem Church Road and Brookhollow Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff was the operator of a 2006 Toyota, which was owned by Keith Engle, bearing Pennsylvania License Plate No. GFV3858. 551626-1 At the aforesaid time and place, Defendant Matthew Wagner was the operator of a 2001 Jeep Cherokee, which was owned by Julia P. Wagner, bearing Pennsylvania License Plate Number HCX6434. 6. At the aforesaid time and place, Plaintiff Devon Crews was stopped for a school bus on Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, a 2010 Hyundai, being operated by James E. Rendler, was directly behind Plaintiff's vehicle, also stopped for a school bus on Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Defendant Matthew Wagner was traveling on Brookhollow Road, Mechanicsburg, Cumberland County, Pennsylvania, behind the vehicle being operated by James E. Rendler. Defendant Wagner was turning onto Salem Church Road. 9. At the aforesaid time and date, Defendant Matthew Wagner failed to stop and struck the vehicle being operated by James E. Rendler pushing him into the vehicle being operated by Plaintiff, Devon Crews. 10. Defendant, Matthew Wagner, owed a duty to Plaintiff, Devon Crews, and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to the Plaintiff. 11. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Matthew Wagner, in operating the 2001 Jeep Cherokee in a careless and negligent manner as follows: (a) Failing to observe Plaintiff's vehicle on the roadway; (b) Following too closely to the vehicle behind Plaintiff's vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; 551626-1 (c) Failing to slow or stop the vehicle he was operating so as to avoid a rear -end collision; (d) Operating the vehicle at a speed greater than will permit him to stop within the assured cleared distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; (e) Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid the collision with the rear of the vehicle behind Plaintiff's vehicle; (f) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (g) Failing to give warning to Plaintiff of his impending collision with her vehicle; (h) Moving his vehicle when not safe to do so in violation of 75 Pa. C.S.A. §3333 and applicable law; (i) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714 and applicable law; (j) Failing to obey traffic control devices in violation of 75 Pa.C.S.A. §3111 and applicable law; (k) Driving his vehicle at a speed greater than is reasonable and prudent under the conditions and with regard to the hazards that existed in violation of 75 Pa.C.S.A. §3361 and applicable law; (1) Driving his vehicle at a speed greater than is reasonable and prudent with regards to other traffic in violation of 75 Pa.C.S.A. §3361 and applicable law; (m) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (n) Operating his vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (o) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; 551626-1 (p) (q) Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A. §3362 and applicable law; In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (r) Failing to maintain a safe following distance; (s) Rearending the vehicle behind Plaintiff's vehicle; (t) Failing to stay alert to traffic; (u) Failing to keep his eyes on the roadway; and (v) Otherwise operating his vehicle at an unsafe speed and in a careless and negligent manner. 12. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant, Matthew Wagner, Plaintiff, Devon Crews, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Neck pain/injury; (b) Cervical strain/sprain; (c) Myofascial pain; (d) Chronic neck pain; (e) Arm pain/injury; (f) Bilateral neck pain; (g) Right arm pain; (h) Right hand pain; (i) Numbness in right hand; (j) Dizziness. 13. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Matthew Wagner, Plaintiff, Devon Crews, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, 551626-1 embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities for which damages are claimed. 14. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Matthew Wagner, Plaintiff, Devon Crews, has and/or may in the future incur expenses for medical treatment, surgery and rehabilitation for which damages are claimed. 15. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant, Matthew Wagner, Plaintiff, Devon Crews, sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances, and travel to and from medical appointments for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Matthew Wagner, Plaintiff, Devon Crews, has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 17. At the time of the accident, Plaintiff, Devon Crews, was insured under a policy of insurance with Allstate Insurance Company through the state of New York. New York does not require a tort selection and, under Pennsylvania law, Plaintiff would be considered full tort. Therefore, Plaintiff, Devon Crews, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Devon Crews, demands judgment in her favor and against the Defendant, Matthew Wagner, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. 551626-1 Date: 9c'/tobec /7 , 2014 551626-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Catherine N. Reeves, Esquire I.D. No. 311267 Zachary D. Campbell, Esquire I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Attorneys for Plaintiff VERIFICATION I, Devon Crews, hereby certify that the following is correct: ' The facts set forth in the foregoing Complaint is based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: lb, 13_ 563147-1 Thczy-ri C72(2.1A1S Devon Crews CERTIFICATE OF SERVICE I, Catherine N. Reeves, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Complaint with reference to the foregoing action by first class mail, postage prepaid, this inlay of 10/2ff— , 2014, on the following: Defendant, Matthew Wagner c/o Karen L. Mascio, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Catherine N. Reeves, Esquire 551626-1 n.`Sd,'7)"'�{ Johnson, Duffle, Stewart & Weidner By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street, P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klm@jdsw.com DEVON CREWS, Plaintiff v. Attorneys for Defendant, Matthew Wagner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION — LAW : NO. 14-2010 MATTHEW WAGNER, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiff c/o Catherine N. Reeves, Esquire Zachary D. Campbell, Esquire 2321 Paxton Church Road - P.O. Box 69200 Harrisburg, PA 17106-9200 You are hereby notified to file a written response to the enclosed Defendant's Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. JOHNSON,DUFFIE, STEWART & WEIDNER By: Date: November 5, 2014 Karen L. Mascio, Esquire (I.D. No. 88848) 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 klm@jdsw.com Attorney for Defendant Johnson, Duffie, Stewart & Weidner By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 kim@jdsw.com DEVON CREWS, Plaintiff v. MATTHEW WAGNER, Defendant Attorneys for Defendant, Matthew Wagner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW NO. 14-2010 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Matthew Wagner, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C., and answers Plaintiff's Complaint as follows: FACTS APPLICABLE TO ALL COUNTS 1. Upon information and belief, admitted. 2. Admitted. 3-4. Upon information and belief, admitted. 5. [sic] Plaintiff's Complaint does not contain a paragraph 5. Therefore, no response is made. 6-7. Denied. The averments of paragraphs 6-9 are generally denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 8. Denied. It is specifically denied that Matthew Wagner was traveling on Brookhollow Road, turning onto Salem Church Road. Rather, Mr. Wagner had turned onto Salem Church Road from the Carlisle Pike. Mr. Wagner only turned onto Brookhollow Road after the incident to exchange information with the other drivers. 9. Denied. The averments of paragraph 9 are generally denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 10-16. Denied. The averments of paragraphs 10-16, including any subparts constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof thereof is demanded. 17. Denied. The averments of paragraph 17 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, Defendant is without sufficient information to form a belief as to the truth or falsity of the averments contained in this paragraph, therefore, the averments are denied and strict proof thereof is demanded. WHEREFORE, Defendant, Matthew Wagner, respectfully requests that judgment be entered in his favor and against the Plaintiff. It is further demanded that Plaintiff's Complaint be dismissed with prejudice. 2 NEW MATTER By way of additional answer and reply, Defendant, Matthew Wagner, raises the following new matters: 18. Plaintiff's alleged cause of action may be barred by her assumption of the risk. 19. If it should be found that there is any negligence on the part of the Defendant, which is specifically denied, then said negligence was not the factual cause of Plaintiff's injuries. 20. Plaintiff's injuries may have been caused by a pre-existing condition over which Defendant had no control. 21. Plaintiff's alleged cause of action may be barred by her failure to mitigate her damages. 22. Plaintiff's claims may be barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §7101, et seq. 23. To the extent that the Plaintiff has been paid or will be paid for some or all of his alleged damages, then claims for those damages are barred both by the defense of payment and by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiff's alleged injuries may have been caused by a prior and unrelated accident. 3 WHEREFORE, Defendant, Matthew Wagner, respectfully requests that Plaintiff's Complaint be dismissed and that judgment be entered in favor of the Defendant. Date: November 5, 2014 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 4 Karen L. Mascio, Esquire (I.D. No. 88848) 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 klm@jdsw.com Attorney for Defendant VERIFICATION I, Matthew Wagner, hereby acknowledge that I have read the foregoing Answer to Plaintiff's Complaint with New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. By: Matth agner DATE: // LI /iLf CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer to Plaintiff's Complaint with New Matter has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on November S , 2014, as follows: Catherine N. Reeves, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, P.C. 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 Counsel for Plaintiff JOHNSON„ DUFFIE, STEWART & WEIDNER BY: Karen L. Mascio, Esquire METZGER, WICKERSHAM, P.C. By: Catherine N. Reeves, Esquire Attorney I.D. No. 311267 By: Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 ZliPf tret Cf t • y I A 7 0, 10 Attorneys for Plaintiff, Devon Crews DEVON CREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-2010 Civil CIVIL ACTION - LAW MATTHEW WAGNER, Defendant JURY TRIAL DEMANDED vs. PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes the Plaintiff, Devon Crews, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully replies to Defendant's Answer With New Matter as follows: 18. Conclusions of law, no reply required. If a reply is required, the avelinents are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of further reply, it is specifically denied that the Plaintiff assumed any risk. To the contrary, Plaintiffs claims are not barred or limited by any assumption of risk, which is specifically denied. 19. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Defendant was, and his negligence was a substantial factor or factual cause or legal cause or the 565717-1 proximate cause in the happening of the accident and Plaintiffs injuries as set forth in the Complaint filed in this action which is incorporated herein by reference. 20. Denied. The averments are specifically denied pursuant to Pa.R.C.P. No. 1029(e). It is specifically denied that any of Plaintiffs injuries suffered in the incident were pre-existing to the within accident. By way of further reply, Defendant has not identified or specified what injuries are pre-existing and Plaintiff cannot more specifically reply and strict proof of the same is demanded at trial. 21. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff, Devon Crews, has sought the necessary medical treatment and Plaintiff has mitigated her damages the best she could. 22. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the Defendant has failed to identify the defenses allegedly available to him under the Pennsylvania Motor Vehicle Financial Responsibility Law and, as a result, Plaintiff cannot more specifically reply. Defendant is not provided any defenses under the Pennsylvania Motor Vehicle Financial Responsibility Law to any of the claims raised in Plaintiffs Complaint which is incorporated herein by reference. 23. Conclusions of law, no reply required. If a reply is required, the aven lents are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff's claims are not barred by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law, including under §1722, if applicable. Furthermore, Plaintiff agrees that she 565717-1 cannot recover first party medical and wage loss benefits paid by her automobile insurance but she can recover any amount unpaid and/or in excess. 24. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant has not specifically identified any prior and unrelated accident which caused Plaintiff's conditions, injuries and damages and Plaintiff cannot more specifically reply. WHEREFORE, Plaintiff, Devon Crews, respectfully requests that Defendant's New Matter be dismissed and that judgment be entered in her favor and against Defendant as requested in the Complaint filed in this action. Date: 1(e/e/yfilh, , 2014 565717-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Catherine N. Reeves, Esquire I.D. No. 311267 Zachary D. Campbell, Esquire T.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Attorneys for Plaintiff VERIFICATION I, Devon Crews, hereby certify that the following is correct: The facts set forth in the foregoing Reply to New Matter is based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Reply to New Matter is that of counsel and not my own. I have read the Reply to New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 563147-1 Devon Crews -r tz, CERTIFICATE OF SERVICE I, Catherine N. Reeves, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Complaint with reference to the foregoing action by first class mail, postage prepaid, this /Vmday of A/0 vtowbbef- , 2014, on the following: Defendant, Matthew Wagner c/o Karen L. Mascio, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Catherine N. Reeves, Esquire 565717-1