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Home My WebLink About14-3070 Supreme Cog rt,'ofAPennsylvania Court 4 Conin1on Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CountyAl '7 6 � The infornaotion collected on this form is rued solely for court administration purposes. This form does not supplenlent or replace th.e f link and service of pleadings or other papers os required bV lcnw or-rules of court. Commencement of Action: S ;P:9--complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Z Are money damages re uested?X"Yes ❑ NO Dollar Amount Requested: F1 within arbitration limits q (check one) []outside arbitration limits Q N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? ❑ Yes ❑ No A Name of Plaintiff/Appellant's Attorney: 44,IrA CS4 V< ElCheek lrer-e if boat iiav� nal 'tt€ernes (acre a Self-R_e'present- Pr-o`lel x_ziti�gant) 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 include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment JjTyotor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) I Slander/Libel/Defamation Discrimination F1 C ❑ Other: ❑ Employment Dispute:Other El Zoning Board ❑ Other: T ❑ Other: Q MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS � ❑ Toxic Waste } ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus 1 ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 11112011 f° LED .01' ICE ; HE °R0TI-IO1a0 VP%RY 20N MAY 21 PM 2: 03 CUMBERLAND COUNTY PENNSYLVANIA KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiffs TODD MAYOR, : IN THE COURT OF COMMON PLEAS KELLY MAYOR, : CUMBERLAND COUNTY, PA Plaintiffs, No. �� 36 6 V. : NANETTE E. MCKEON, : JURY TRIAL DEMANDED GERALD F. MCKEON Defendant. N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and .filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 6s- ��G� AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion 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 la 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 O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. SERVICIO DE REFERIDO A ABOGADO COLEGIO DE ABOGADOS DEL CONDADO DE YORK ABOGACIA DEL CONADADO DE YORK CALLE MRKET #137 ESTE YORK, PA 17401 TELEFONO: (717) 854-8755 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available for disabled individuals having business before the Court, please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiffs TODD MAYOR, : IN THE COURT OF COMMON PLEAS KELLY MAYOR, : CUMBERLAND COUNTY, PA Plaintiffs, V. NANETTE E. MCKEON, : JURY TRIAL DEMANDED GERALD F. MCKEON Defendant. COMPLAINT AND NOW, comes the Plaintiffs, Todd Mayor and Kelly Mayor, by and through their Attorney Hilary Vesell, Esq. and file this foregoing Complaint and aver the following: 1. Plaintiff, Todd Mayor, is an adult individual that currently resides at 417 Sharon Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff, Kelly Mayor, is an adult individual that currently resides at 417 Sharon Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Nanette E. McKeon is an adult individual that currently resides at 7 Flagstone Drive, Carlisle, Cumberland County, Pennsylvania 17015-4386. 4. Defendant, Gerald F. McKeon is an adult individual that currently resides at 7 Flagstone Drive, Carlisle, Cumberland County, Pennsylvania 17015-4386. 5. On July 20, 2012, Plaintiff, Todd Mayor, was rear ended by Defendant Nanette E. McKeon. 6. The Defendants are married and the automobile driven by Defendant Nanette E. McKeon and involved in the accident is believed to be titled and owned by both Defendants together. 7. At the time of the accident, the Plaintiff Todd Mayor had come to a complete stop with his turn signal on and was attempting to make a left-hand turn from Alexander Springs Drive onto Dunwoody Drive when he was rear ended by Defendant Nanette E. McKeon. 8. Defendant Nanette E. McKeon had failed to stop safely or safely pass Plaintiff Todd Mayor as required by law. 9. The force of the collision dented the entire rear of the Plaintiffs' car. 10. As a result of the accident, Mr. Mayor's car was damaged. 11. This collision occurred as a direct result of the negligence of the Defendant. 12. The negligence of Defendant Nanette E. McKeon consisted, but is not limited to, the following: (a) Failing to properly operate and control her vehicle; (b) Operating said motor vehicle in a careless manner, without regard for the rights and safety of those lawfully upon the highway; (c) Failing to keep alert and maintain lookout for the presence of other motor vehicles on the roads and highways; (d) Failing to exercise due care under the circumstances; (e) Failure to keep alert and maintain a proper lookout for traffic; (f) Failing to stop said.motor vehicle before striking the Plaintiffs' vehicle; (g) Driving a vehicle in willful or wanton disregard for the safety of person or property; (h) Any and all other acts of negligence and carelessness which may otherwise be proven at the time of trial. 13. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Nanette E. McKeon, Plaintiff Todd Mayor, suffered serious and permanent injuries including but not limited to: (a) increased and exacerbated pain and effusion in the right knee; (b) increased and exacerbated pain and stiffness in the cervical and lumbar spine including degenerative disc changes as well as bilateral foraminal narrowing and atherosclerotic changes; (c) increased and exacerbated impaired joint mobility, muscle performance, and range of motion. 14. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant Nanette E. McKeon, the Plaintiff, Todd Mayor, was forced to incur medical bills and expenses for injuries suffered and he may continue to incur medical expenses in the future. 15. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant Nanette E. Mckeon, the Plaintiff, Todd Mayor, has suffered great physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his great physical and emotional detriment and loss. 16. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Nanette E. McKeon, the Plaintiff, Todd Mayor, has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his great detriment and loss. 17. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Nanette E. McKeon, the Plaintiff, Todd Mayor, has been and probably will in the future be hindered from attending to his daily duties to his great detriment, loss, humiliation and embarrassment. 18. At all relevant times, Plaintiff Kelly Mayor was the lawfully wedded spouse of Plaintiff Todd Mayor. 19. As a proximate result of the negligence, Plaintiff Kelly Mayor suffered loss of consortium, loss of society and companionship, and other damages. WHEREFORE, Plaintiffs, Todd Mayor and Kelly Mayor, seek damages from Defendants, Nanette E. & Gerald F. Mckeon, in an amount below the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: bUNA] �Qd I _ Date: Hilary V II, Esquire S '�S �� L� VERIFICATION We, Todd Mayor and Kelly Mayor, the Plaintiffs in this matter, have read the foregoing Complaint. We verify that our averments in this Complaint are true and correct and based upon my personal knowledge. We understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: J f4— J ;,d i ,. Todd Mayor Dated: �- l l Kel y Mayor/, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff Jody S Smith „4=.„, 0 HI Chief Deputy ` ' { Richard W Stewart rAMB:RL AND Solicitor PENNSYLVANIA Todd Mayor(et al.) vs. Case Number Nanette E McKeon (et al.) 2014-3070 SHERIFF'S RETURN OF SERVICE 06/04/2014 09:15 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by"personally” handing a true copy to a person representing themselves to be the Defendant, to wit: Gerald F McKeon at 223 Constitutional Court, Silver Spring, icsburg, PA 17055. DAWN KELL, DEPU Y 06/11/2014 08:41 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nanette E McKeon at 800 Pamela Drive, Hampden Township, Mechanicsburg, PA 17055. CHRIST HE SHARPE, DEPUTY SHERIFF COST: $78.39 SO ANSWERS, June 12, 2014 RONNY R ANDERSON, SHERIFF 14-018968 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Nanette E. McKeon and Gerald F. McKeon TODD MAYOR, KELLY MAYOR, PLAINTIFFS VS. NANETTE E. MCKEON, GERALD F. MCKEON, DEFENDANTS 07-7- �Pi �T�' 1L f 204 JUL y0�°r,�_� 3p pFRC41'iCPill IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-3070 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 Defendants, Nanette E. McKeon and Gerald F. McKeon. The Defendants reserve the right to otherwise plead in this matter. Date: July 29, 2014 R spectfully OFFI ubmitY-d, OF `.CYDER & DORER nald R r orer, Es. re Attorney for Defendants Court I.D. No. 39126 14-018968 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Nanette E. McKeon and Gerald F. McKeon TODD MAYOR, KELLY MAYOR, PLAINTIFFS VS. NANETTE E. MCKEON, GERALD F. MCKEON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-3070 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants 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: Date: July 29, 2014 Hilary Vesell, Esquire Kope & Associates, LLC 3900 Market Street Camp Hill, PA 170 1 �1 Attorney for Plainti Don d R. Dorer, Esquire Attorney for Defendants Court I.D. No. 39126 14-018968 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Nanette E. McKeon and Gerald F. McKeon TODD MAYOR, KELLY MAYOR, PLAINTIFFS VS. NANETTE E. MCKEON, GERALD F. MCKEON, DEFENDANTS ED -OF /CL :f% THE P OTfiCf;'UTA 7.0111AUG -8 AH U: 20 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-3070 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Denied. By way of further statement, Defendant, Nanette E. McKeon, is an adult individual residing at 800 Pamela's Drive, Mechanicsburg, Pennsylvania 17055. 4. Denied. By way of further statement, Defendant, Gerald F. McKeon, is an adult individual residing at 800 Pamela's Drive, Mechanicsburg, Pennsylvania 17055. 5. Paragraph 5 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 6. Admitted. 7. Paragraph 7 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 8. The allegations in paragraph 8 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 9. Paragraph 9 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 10. Paragraph 9 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 11.-19. The allegations in paragraphs 11 through 19 of the Complaint, including subparagraphs 12(a) through 12(h), are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Nanette E. McKeon and Gerald F. McKeon, respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21. The Plaintiffs' claims for non -pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 22. The Plaintiffs' claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants, Nanette E. McKeon and Gerald F. McKeon, respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Date: August 7, 2014 Respectfully sub itted, FFICE F SNYDER & DORER onald R. Dorer, Esquire Attorney for Defendants Court I.D. No. 39126 14-018968 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Nanette E. McKeon and Gerald F. McKeon TODD MAYOR, KELLY MAYOR, PLAINTIFFS VS. NANETTE E. MCKEON, GERALD F. MCKEON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-3070 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Nanette E. McKeon verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: 3 11'1 Nanette E. McKeon 14-018968 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Nanette E. McKeon and Gerald F. McKeon TODD MAYOR, KELLY MAYOR, PLAINTIFFS VS. NANETTE E. MCKEON, GERALD F. MCKEON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-3070 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Gerald F. McKeon verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. 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 ?uthorities. Dated: 5fy/ G,`ald F. McKe Aeloi 14-018968 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Nanette E. McKeon and Gerald F. McKeon TODD MAYOR, KELLY MAYOR, PLAINTIFFS VS. NANETTE E. MCKEON, GERALD F. MCKEON, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 14-3070 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Date: August 7, 2014 Hilary Vesell, Esquire Kope & Associates, LLC 3900 Market Street Camp Hill, PA 1701 Attorney for Plaint onald R. Dorer, Esquire Attorney for Defendants Court I.D. No. 39126 KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com TODD MAYOR, KELLY MAYOR, Plaintiffs, v. NANETTE E. MCKEON, GERALD F. MCKEON Defendant. 2014 41Jc 84-R1.410 CO tii}z Attorney for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. 14-3070 : JURY TRIAL DEMANDED ANSWER TO NEW MATTER 20. No response required. 21. No response required to a legal conclusion. 22. No response required to a legal conclusion: Date: 0111--) Respectfully Submitted, KOPE & ASSOCIATES, LLC Hilary Vesell VERIFICATION I, Hilary Vesell, Plaintiffs' attorney in this matter, verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire of Kope & Associates, LLC, hereby certify that a true copy of the foregoing Answer to New Matter was served this date upon the below - referenced individual at the below listed addresses by way of first class mail, postage pre -paid: Donald R. Dorer, Esquire 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 KOPE & ASSOCIATES, LLC By:Draw 46D-ILE HILARY VES L, Esq. I.D. 308358 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 Date: &// J L