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HomeMy WebLinkAbout14-5763 Supreme Cox. ` o ;ennsylvania Con of CUmmo leas For Prothonotary Use Only: it er; °heat I� ^ Docket No: S j Cu 'y8 ' LA�7 y �f` County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S rel Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E CLead Plaintiff's Name: Lead Defendant's Name: JENNIFER M. CHERRY BRIAN WENGER T . I Are money damages requested? 0 Yes No Dollar Amount Requested: [ within arbitration limits� (check one) 0 outside arbitration limits Is this a Class Action Suit. 0 Yes No Is this an MDJAppeal? El Yes M No A Name of Plaintiff/Appellant's Attorney: FRANK BREITMAN, ESQUIRE Check here if you have no attorney(are a Self-Represented [Pro Sel :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. i TORT(do not include Mass Tort) CONTRACT(do not indude.ludgments) CIVIL APPEALS © Intentional 11 Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection:Credit Card Board of Assessment x Motor Vehicle Debt Collection:Other Board of Elections 7 Nuisance ® Dept.of Transportation n Premises Liability Statutory Appeal:Other S` 7 Product Liability (does not include E' mass tort) ( Employment Dispute: Slander/Libel/Defamation Discrimination C . ® Other: Employment Dispute:Other ❑ Zoning Board T ❑ Other: Other: O MASS TORT ® Asbestos �. N [i Tobacco 0 Toxic Tort-DES n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste l Ejectment 'I3 Common Law/Statutory Arbitration B M Other. Eminent Domain/Condemnation Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute ag Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY M Mortgage Foreclosure:Commercial Quo Warranto n Dental l3 Partition Q Replevin Legal lJ Quiet Title Other: Medical ❑ Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER M. CHERRY Plaintiff vs 7&2 RAN WENGER, ET AL. Defendant r Tj cp, 6 Ce NOTICE TO DEFEND ✓- --Ts r 77 .._..a .. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 OLMI lLl_ o '31 n P-A SILVERS,LANGSAM& WEITZMAN,P.C. THIS IS AN ARBITRATION MATTER By: Frank Breitman,Esquire-435506 Two Penn Center Plaza, Suite 1410 ASSESSMENT OF DAMAGES 15TH&John F.Kennedy Boulevard HEARING IS REQUIRED Philadelphia,PA 19102 (215)227-2727 ATTORNEYS FOR PLAINTIFF JENNIFER M.CHERRY ; COURT OF COMMON PLEAS 435 Mallard Road ; PHILADELPHIA COUNTY Hatboro,PA 19040 VS. TERM,20 BRIAN WENGER 203 Zion Road ; NO.: Newburg,PA 17240 AND LONNIE SNYDER 4366 Roxbury Road Shippensburg,PA 17267 AND KELLY KEATING 103 Brookside Avenue Shippensburg,PA 17257 AND CYNTHIA KEATING 7 Summit Street New Milford,CT 06776 COMPLAINT-CIVIL ACTION NOTICE AVISO You have been sued in court. If you wish to defend against the Le ban demandado a usted en la corte.Si usted quiere defenderse claims set forth in the following pages, you must take action de estas demandas expuestas en las paginas siguientes, usted within twenty (20) days after this complaint and notice are tiene veinte(20)dias de plazo al partir de la fecha de la demanda served, by entering a written appearance personally or by an y la notificaci6n.Hace falta asentar una comparencia escrita o en attorney and filing in writing with the court your defenses or persona o con un abogado y entregar a la corte en forma escrita objections to the claims set forth against you. You are warned sus defensas o sus objeciones.a las demandas en contra de su that if you fail to do so the case may proceed without you and a persona.Sea avisado que si usted no se defiende,la corte tomarA judgment may be entered against you by the court without further medidas y puede continuar la demanda en contra suya sin previo notice for any money claimed in the complaint or for any other aviso o notificaci6n. Ademds, la corte puede decidir a favor del claim or relief requested by the plaintiff. You may lose money or demandante y requiere que usted cumpla con todas las property or other rights important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT TIENE EL DINERO SUFICIENTE DE PAGAR TAL AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET SERVICIO, VAYA EN PERSONA O LLAME POR FORTH BELOW TO FIND OUT WHERE YOU CAN GET TELEFONO A LA OFICINA CUYA DIRECCION SE LEGAL HELP. ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET 32 SOUTH BEDFORD STREET CARLISLE,PA 1.7013 CARLISLE,PA 17013 1-800-990-9108 1-800-990-91.08 717-249-3166 717-249-3166 SILVERS,LANGSAM&WEITZMAN,P.C. ARBITRATION MATTER- Frank Breitman, Esquire- #35506 ASSESSMENT OF DAMAGES Two Penn Center, Suite 1410 IS REQUIRED 15TH &John F. Kennedy Boulevard PHILADELPHIA,PA 19102 ATTORNEY FOR PLAINTIFF (215) 227-2727 JENNIFER M. CHERRY COURT OF COMMON PLEAS 435 Mallard Road CUMBERLAND COUNTY Hatboro,PA 19040 CIVIL ACTION-LAW VS. BRIAN WENGER TERM, 2014 203 Zion Road Newburg,PA 17240 AND LONNIE SNYDER NO. 4366 Roxbury Road Shippensburg,PA 17267 AND KELLY KEATING 103 Brookside Avenue Shippensburg, PA 17257 AND CYNTHIA KEATING 7 Summit Street New Milford, CT 06776 COMPLAINT-CIVIL ACTION 2V-MOTOR VEHICLE ACCIDENT 1. Plaintiff, JENNIFER M. CHERRY, is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at 435 Mallard Road, Hatboro, Pennsylvania 19040. 2. Defendant, BRIAN WENGER, is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at 203 Zion Road, Newburg, Pennsylvania 17240. 3. Defendant, LONNIE SNYDER, is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at 4366 Roxbury Road, Shippensburg, Pennsylvania 17267. 4. Defendant, KELLY KEATING, is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at 103 Brookside Avenue, Shippensburg, Pennsylvania 17257. 5. Defendant, CYNTHIA KEATING, is an adult individual and resident of the State of Connecticut, residing therein at 7 Summit Street, New Milford, Connecticut 06776. 6. At all times relevant hereto, Defendant, BRIAN WENGER, was the operator of a 1994 Ford Ranger, registered in the Commonwealth of Pennsylvania, owned by Defendant, LONNIE SNYDER,license tag#YYZ9999. 7. At all times relevant hereto, Defendant, KELLY KEATING, was the operator of a 2009 Chevrolet Cobalt, registered in the State of Connecticut, owned by Defendant CYNTHIA KEATING, license tag#277YUV. 8. On or about October 23, 2012, at approximately 4:13 p.m., Plaintiff, JENNIFER M. CHERRY, was a front seat passenger in the aforesaid Chevrolet motor vehicle, operated by Defendant KELLY KEATING, traveling westbound on Brookside Avenue approaching the intersection with Britton Road in the City of Shippensburg, County of Cumberland, Commonweath of Pennsylvania, and was attempting to turn left onto Brookside Avenue. 9. At the above time and place, Defendant, BRIAN WENGER, was operating the aforesaid Ford motor vehicle, traveling northbound on Britton Road approaching the intersection with Brookside Avenue in the City of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania., traveling at an excessive rate of speed. 10. At the above time and place Defendants BRIAN WENGER and KELLY KEATING drove their respective motor vehicles carelessly into the intersection of Britton Road and Brookside Avenue, causing a sudden, forceful collision resulting in Plaintiff suffering serious bodily injuries, more fully described hereinafter. 11. The aforesaid accident was caused solely by the negligence and carelessness of the Defendants and was not due to any act or failure to act on the part of the Plaintiff. 12. At the time of the aforesaid, the carelessness and negligence of the Defendant, BRIAN WENGER, consisted of the following: a. Operating said motor vehicle at an excessive rate of speed under the circumstances; b. Failing to have said motor vehicle under proper and adequate control under the circumstances; C. Failing to give proper and sufficient notice of her approach; d. Operating said vehicle without due regard to the rights, safety, and position of the Plaintiffs herein; e. Failing to obey the instructions of an official traffic control device in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3111; f. Failing to yield the right of way when approaching an intersection with a through roadway, in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3321; g. Failing to stop when faced with a stop sign,.in violation of the statutory,rules of the road of the Commonwealth of Pennsylvania, particularly 75 Pa. C.S.A. §3323; h. Operating said vehicle through an intersection at an unsafe speed in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3361; L Driving a vehicle with careless disregard for the safety of persons or property in violation of the code of operations of vehicles of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3714; j. Failing to maintain a sharp lookout of the road and surrounding traffic conditions; k. Failing to avoid causing a collision with the vehicle occupied by Plaintiff JENNIFER CHERRY, when Defendant, BRIAN WENGER, saw, or in the exercise of reasonable care should have seen that the aforesaid Ford motor vehicle operated by Defendant KEATING and occupied by Plaintiff was already on the road in full view of Defendant WENGER; 1. Violating various ordinances of the City of Shippensburg and County of Cumberland and the statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicles, particularly those pertaining to obeying and stopping for stop signs; M. Being inattentive and otherwise careless and negligent; 13. At the time of the aforesaid, the carelessness and negligence of the Defendant, KELLY KEATING, consisted of the following: a. Operating said motor vehicle at an excessive rate of speed under the circumstances; b. Failing to have said motor vehicle under proper and adequate control under the circumstances; C. Failing to give proper and sufficient notice of her approach; d. Operating said vehicle without due regard to the rights, safety, and position of the Plaintiffs herein; e. Operating said vehicle through an intersection at an unsafe speed in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3361; f. Driving a vehicle with careless disregard for the safety of persons or property in violation of the code of operations of vehicles of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3714; g. Failing to maintain a sharp lookout of the road and surrounding traffic conditions; h. Failing to avoid causing a collision with Defendant BRIAN WENGER'S Ford motor vehicle, when Defendant, KELLY KEATING, saw, or in the exercise of reasonable care should have seen that the aforesaid Ford motor vehicle was already on the road in full view of Defendant KEATING; i. Violating various ordinances of the City of Shippensburg, County of Cumberland, and the statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicles, particularly those pertaining to maintaining a safe and reasonable speed when traveling through an intersection of roadways; j. Being inattentive and otherwise careless and negligent, COUNTI JENNIFER M. CHERRY v. BRIAN WENGER and KELLY KEATING 14. Plaintiff, JENNIFER M. CHERRY, incorporates paragraphs one (1) through thirteen(13) inclusively as fully as if each was herein set forth at length. 15. As a direct result of the accident caused by negligence and carelessness of the Defendants, BRIAN WENGER and KELLY KEATING, Plaintiff, JENNIFER M. CHERRY, was suddenly jerked and jolted, suffering the following serious injuries, including but not limited to post-traumatic headaches; active bilateral radiculopathy of C6; Right hip chronic bursitis; Lumbar strain and sprain; Thoracic strain and sprain; post-traumatic distress, nervousness, and shock, together with various other injuries, the exact extent of which are unknown at this time, but which may be and probably is of a permanent nature with disabilities and a serious impairment of bodily function, to her great detriment and loss. 16. As a direct result of the accident caused by the negligence and carelessness of Defendants, Plaintiff,JENNIFER M. CHERRY, has in the past suffered and probably will in the future suffer great physical pain and anguish; she has suffered a loss of the enjoyment of her usual and daily activities, and has been in the past and may and probably will in the future be hindered from engaging in her usual and daily duties, occupations, pleasures and activities, and has or may sustain permanent diminution in her ability to enjoy life's pleasures. 17. As a further direct and reasonable result of the aforesaid, Plaintiff, JENNIFER M. CHERRY, has been or will be obliged to receive and undergo medical attention and care and to incur various expenses, which expenses have or may exceed the sum recoverable under limits in 75 P.S. §1711 of the Pennsylvania Motor Vehicle Financial Responsibility Law ("Pa. MVFRL"), and she may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future to her detriment and loss. 18. As a further direct and reasonable result of the aforesaid, Plaintiff, JENNIFER M. CHERRY, may suffer a loss of earnings and impairment of her earning capacity and power all of which have been and will continue to be to her great financial damage and loss, and which do or may exceed amounts that she may be otherwise entitles to recover under the Pa. MVFRL. 19. As a further direct and reasonable result -of the aforesaid, Plaintiff, JENNIFER M. CHERRY, has and may hereafter incur other financial expenses or losses, which do or may exceed amounts that she may be otherwise entitled to recover under the Pa. MVFRL. WHEREFORE, Plaintiff, JENNIFER M. CHERRY, demands judgment against Defendants, BRIAN WENGER and KELLY KEATING, jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, cost, attorney's fees and such other sums as the Court deems just. COUNT II-NEGLIGENT ENTRUSTMENT JENNIFER M. CHERRY V. LONNIE SNYDER 20. Plaintiff incorporates paragraphs one (1) through eighteen (18) inclusively as fully as if each was herein set forth at length. 21. At all times relevant hereto, Defendant, BRIAN WENGER, was operating the aforesaid 1994 Ford Ranger vehicle owned by Defendant, LONNIE SNYDER, with her knowledge, consent and permission. 22. At all times relevant hereto, Defendant, BRIAN WENGER, was operating the aforesaid motor vehicle under the express and implied direction, and for the use and purpose, of owner, Defendant, LONNIE SNYDER. 23. Defendant, LONNIE SNYDER, negligently entrusted the operation and use of the aforesaid 1994 Ford Ranger motor vehicle to Defendant, BRIAN WENGER, when she knew or should have known, that Defendant, BRIAN WENGER, would operate and control the motor vehicle in a careless and negligent manner by: (a) Permitting and allowing Defendant, BRIAN WENGER, to use and operate Defendant, LONNIE SNYDER'S, motor vehicle when she knew or should have known that Defendant was likely to use and operate the aforesaid motor vehicle in such a manner as to create an unreasonable risk or harm to others; (b) Permitting and allowing Defendant, BRIAN WENGER, to use and operate the aforesaid 1994 Ford Ranger motor vehicle owned by Defendant, LONNIE SNYDER, without proper supervision or training; 24. At all times relevant hereto, Defendant, LONNIE SNYDER, was careless and negligent in permitting and allowing Defendant, BRIAN WENGER, to use and operate her motor vehicle without proper supervision. WHEREFORE, Plaintiff, JENNIFER M. CHERRY, demands judgment in her favor and against Defendants, LONNIE SNYDER and BRIAN WENGER, jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs, and such other sums as the Court deems just. COUNT II-NEGLIGENT ENTRUSTMENT JENNIFER M. CHERRY V. CYNTHIA KEATING 25. Plaintiff incorporates paragraphs one (1) through eighteen (18) inclusively as fully as if each was herein set forth at length. 26. At all times relevant hereto, Defendant, KELLY KEATING, was operating the aforesaid 2009 Chevrolet Cobalt vehicle owned by Defendant, CYNTHIA KEATING, with her knowledge, consent and permission. 27. At all times relevant hereto, Defendant, KELLY KEATING, was operating the aforesaid motor vehicle under the express and implied direction, and for the use and purpose, of owner,Defendant, CYNTHIA KEATING. 28. Defendant, CYNTHIA KEATING, negligently entrusted the operation and use of the aforesaid 2009 Chevrolet Cobalt motor vehicle to Defendant, KELLY KEATING, when she knew or should have known, that Defendant, KELLY KEATING, would operate and control the motor vehicle in a careless and negligent manner by: (a) Permitting and allowing Defendant, KELLY KEATING, to use and operate Defendant, CYNTHIA KEATING'S, motor vehicle when she knew or should have known that Defendant was likely to use and operate the aforesaid motor vehicle in such a manner as to create an unreasonable risk or harm to others; (b) Permitting and allowing Defendant, KELLY KEATING, to use and operate the aforesaid 2009 Chevrolet Cobalt motor vehicle owned by Defendant, CYNTHIA KEATING,without proper supervision or training; 29. At all times relevant hereto, Defendant, CYNTHIA KEATING, was careless and negligent in permitting and allowing Defendant, KELLY KEATING, to use and operate her motor vehicle without proper supervision. WHEREFORE, Plaintiff, JENNIFER M. CHERRY, demands judgment in her favor and against Defendants, CYNTHIA KEATING and KELLY KEATING, jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs, and such other sums as the Court deems just. Respectfully submitted, SILVERS, GSAM EI f B F TMA , ESQUIRE Attorney for Plaintiff VERIFICATION I, n hereby state that I am the plaintiff in this action and verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that this Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities Dated:_; ` Signed: intiff SILVERS, LANGSAM&WEITZMAN,P.C. By: Frank Breitman, Esquire- #35506 Two Penn Center Plaza,Suite 1410 ATTORNEYS FOR PLAINTIFF 15TH &John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 227-2727 JENNIFER M. CHERRY ; COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. BRIAN WENGER AND NO.: 2014-5763 LONNIE SNYDER AND KELLY KEATING AND CYNTHIA KEATING 5' r*µa jr- MOO Cl PRAECIPE TO REINSTATE C)N kl",C"D C TO THE PROTHONOTARY: r.> . Kindly reinstate the above-captioned Civil Action. Respectfully subm' , SILVERS, GSAM& dV,P.C. F BR N, QUIRE Attorneys for Plaintiff DATED: October 15, 2014 QNB a SILVERS,LANGSAM&WEITZMAN,P.C. By: Frank Breitman, Esquire-#35506 Two Penn Center Plaza,Suite 1410 ATTORNEYS FOR PLAINTIFF 15TH&John F. Kennedy Boulevard Philadelphia, PA 19102 (215)227-2727 JENNIFER M. CHERRY ; COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. BRIAN WENGER 2 AND ' NO.: 2014-5763 rT ( LONNIE SNYDER AND ` ;1 Gn KELLY KEATING ; Cl AND CYNTHIA KEATING :w c n --j AFFIDAVIT OF SERVICE I, FRANK BREITMAN, ESQUIRE, hereby certify that service was made of the above Complaint in Civil Action on the out of state Defendant, CYNTHIA KEATING, by Certified Mail, Return Receipt Requested, bearing article number 917108 2133 3939 2362 3351,on October 9,2014, respectively, as attached hereto. Silvers,Lan ei , P.C. DATE: October 13, 2014 B . e: E TM , E QUIRE SWORN TO AND SUBSCRIBED Attorney for Plaintiff befor e this /3` day , 20// COMMONiVEALTH OF PENNSYLVANIA NOTARIAL SEAL ROCHELLE DeRITIS,Notary Public NOTARY PUBL C City of Philadelphia,Phila.County M CcBtt?�14 5-i Expires April 7,2015 ' r • • COMPLETE ■ C=omplete items 1,2,and 3.Also completeSigpature A item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse U addressee so that we can return the card to you. B. Receive by(P nod ame) Date of Delivery ■ Attach this card to the back of the mailpiece, j or on the front if space permits. 1. Article Addressed to: D. I delivery address different Item 1? ❑Yes If YES,enter delivery address below: ❑No i1 Ail C, � 3.7Service Type &7 (�/ MCertified Mail ❑ rasa Mall (((fff 13 Registered Tum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes' 2. Article Number (Transfer from sen 91 7108 2133 3939 2362 3351 PS Form 3811,February 2004 Domestic Return Receipt 7oa5as Dann Asan UNITED STATE,5., s yJLrE First-Clas Posta e s Mail '��!9"C' - USPS 9 &Fees Paid a,_s Permit No. G-10 Sender: lease print your name address, and ZIP+4 in this box • SILVERS LANGSAM & WEI ' P.C.TWO PENN CENTER P E-SurrE15TH STREET & JFK BUVARD 1410 PHILADELPHIA, PA 19102 AT]`N: AMY K. MARI KENT & McBRIDE, P.C. By: JOSHUA G. FERGUSON IDENTIFICATION NO.: 93188 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 ATTORNEY FOR DEFENDANTS, KELLY KEATING AND CYNTHIA KEATING JENNIFER M. CHERRY V. KELLY KEATING, et al. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY ri z :7Q Docket No. No. 14-5763 r— < tz) (--) ENTRY OF APPEARANCE C=z) -4 Kindly enter my appearance as counsel on behalf of Defendants, Kelly Keating and Cynthia Keating, in the above -captioned matter. Date: KENT & MCBRIDE, P.C. osh G. Ferguso Attorney for Defendants, Kelly Keating and Cynthia Keating TO: ALL COUNSEL KENT & McBRIDE, P.C. By: JOSHUA G. FERGUSON IDENTIFICATION NO.: 93188 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND/OR NEW MATTER CROSSCLAIMS/COUNTERCLAIMS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OA J 1' GM T MAY BE ENTERED AGAINST YOU. O' N FOR DEF TS CD r-.' ca ATTORNEY FOR DEFENDANc) KELLY KEATING AND x7,—' N CYNTHIA KEATING -<v --i vr, x ZCD JENNIFER M. CHERRY COURT OF COMMON PLEAS CUMBERLAND COUNTY V. KELLY KEATING, et al. Docket No. 14-5763 DEFENDANTS' KELLY KEATING AND CYNTHIA KEATING'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER CROSS CLAIMS 1. Answering Defendants' lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies the same and strict proof thereof is demanded at the time of trial. 2. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, after reasonable investigation, the answering defendant lacks sufficient knowledge or information to form a belief as to the true or falsity of the averments contained in this paragraph and, therefore, deny the same and strict proof is demanded at the time of trial. 3. Denied. The averments contained in the paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the '1 rn CD extent that a response is required, after reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore deny the same and strict proof thereof is demanded at the time of trial. 4. Denied. Defendant no longer resides at that address. 5. Admitted. 6. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, afer reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies, the same and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted. 9. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, afer reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies, the same and strict proof thereof is demanded at the time of trial. 10. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. To the extent a response is required, the same is denied and strict proof thereof is demanded at the time of trial. 11. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. To the extent a response is required, the same is denied and strict proof thereof is demanded at the time of trial. 12. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, afer reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies, the same and strict proof thereof is demanded at the time of trial. 13. Denied. The averments contained in this paragraph, and all of its sub -parts, state conclusions of law to which no response is required. To the extent a response is required the same is denied and strict proof thereof is demanded at the time of trial. COUNT I JENNIFER M. CHERRY V. BRIAN WENGER AND KELLY KEATING 14. Answering Defendants hereby incorporate all previous averments as though fully set forth in length therein. 15. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. 16. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. 17. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. 18. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. 19. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants hereby demand judgment in their favor and against all other parties, with costs of suit, attorney fees and such other relief as this Honorable Court deems appropriate. COUNT II JENNIFER CHERRY V. LONNIE SNYDER 20. Answering defendants hereby incorporate all previous averments as if fully set forth at length herein. 21. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, afer reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies, the same and strict proof thereof is demanded at the time of trial. 22. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, afer reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies, the same and strict proof thereof is demanded at the time of trial. 23. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, afer reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies, the same and strict proof thereof is demanded at the time of trial. 24. Denied. The averments contained in this paragraph are made with respect to a party other than answering defendants and, as such, requires no response. To the extent that a response is required, afer reasonable investigation, the answering defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies, the same and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants hereby demand judgment in their favor and against all other parties, with costs of suit, attorney fees and such other relief as this Honorable Court deems appropriate. COUNT III JENNIFER CHERRY V. CYNTHIA KEATING 25. Answering defendants hereby incorporate all previous averments as if fully set forth at length herein. 26. Admitted. 27. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. 28. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. 29. Denied. The averments in this paragraph state conclusions of law to which no response is required. By way of further answer, after reasonable investigation, answering defendants lack sufficient knowledge or information to form a truth as to the averments contained in this paragraph and, therefore, deny same and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants hereby demand judgment in their favor and against all other parties, with costs of suit, attorney fees and such other relief as this Honorable Court deems appropriate. NEW MATTER 1. Plaintiff assumed the risk of all injuries which limits and/or bars all claims. 2. Plaintiff's claims are barred by the Comparative Negligence Statute. 3. Plaintiff's claims fail to sate any cause of action against Answering Defendants upon which relief can be granted. 4. Plaintiff's claims are barred by the Statues of Limitations and/or Laches. 5. Plaintiff's claims are barred due to improper service of process. 6. Plaintiff's claims are barred because of the doctrine of superseding and/or intervening cause. 7. Plaintiff's claims are barred because of the doctrine of waiver and/or estoppel 8. Plaintiff's claims are barred by virtue of the terms of an express release. 9. Defendants' conduct was reasonable at all times. 10. Defendants owed no duty to Plaintiff. 11. Defendants fulfilled any alleged duty or obligations toward plaintiff. 12. Plaintiff's injuries, if any , were caused by the acts or omissions of third parties, over which defendants had no control, and/or no obligation to control. 13. Plaintiff's claims are barred and/or limited by the appropriate provisions of the No -Fault Act and/or Financial Responsibility Act. 14. Plaintiff's injuries are not permanent in nature or in a significant impairment of any major bodily system and, as such, Plaintiff is precluded from seeking of his/her injuries pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa. C.S.A. § 1701 et. am, since Plaintiff has elected the limited tort option. WHEREFORE, Answering Defendants hereby demand judgment in their favor and against all other parties, with costs of suit, attorney fees and such other relief as this Honorable Court deems appropriate. NEW MATTER CROSS CLAIM PURSUANT TO Pa. R.C.P. 1031.1 (Against Co -Defendants, Brian Wenger and Lonnie Snyder) 1. Answering Defendants aver that the plaintiff sustained any compensable injuries or damages as alleged in plaintiff's complaint, same being specifically denied, said injuries and damages were caused by co-defendants, Brian Wenger and Lonnie Snyder, for reasons set forth in plaintiff's complaint, which allegations are hereby incorporated by reference as if each of said allegations were more fully set forth herein at length and which allegations are expressly denied. WHEREFORE, Answering defendants respectfully pray that this Court finds that co- defendants, Brian Wenger and Lonnie Snyder, are alone liable, jointly and/or severally liable, or liable over the answering defendants for contribution or indemnity on any recovery obtained by plaintiff. KENT & McBRIDE, P.C. B • shu. G. Ferg Attorney for Defendants, Kelly Keating and Cynthia Keating VERIFICATION I, Joshua G. Ferguson, Esquire, hereby state that I am the attorney for Defendants; that I am authorized to take this Verification on their behalf; that I have read the foregoing pleading; and, the averments set forth therein are true and correct to the best of my knowledge, information and belief. Further, I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date '()\ 13\ \ \\ o hua G Fe guson, Esquire CERTIFICATE OF SERVICE I, Joshua G. Ferguson, Esquire, hereby certify that this da , of October, 2014, a true and correct copy of the within Defendants' Answer to Plaintiff's Complaint with New Matter and New Matter Cross-claim, was served on all counsel of record and unrepresented parties via electronic filing and first-class mail, postage prepaid below: Frank Breitman, Esquire Two Penn Center Plaza Suite 1410 15th & John F. Kennedy blvd. Philadelphia, PA 19102 Attorney for Plaintiff Brian Wenger 203 Zion Road Newburg, PA 17240 DEFENDANT Lonnie Snyder 4366 Roxbury Road Shippensburg, PA 17267 DEFENDANT KENT & McBRIDE, P.C. By: Jb)hu G. Ferguson, squire Attorney for Defendants KENT & McBRIDE, P.C. By: JOSHUA G. FERGUSON IDENTIFICATION NO.: 93188 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 To Additional Defendant: You are hereby notified to plead to the following Joinder Complaint within twenty (20) days from the receipt thereof, or a default jgm t ► : y be entered against you. to ney or Defen ants ATTORNEY FOR DEFENDANTS, KELLY KEATING AND CYNTHIA KEATING JENNIFER M. CHERRY V. KELLY KEATING, et al. V. EMILY DOLL COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 14-5763 "NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. you are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you buy 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 of 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. LAWYER'S REFERENCE SERVICE 32 S Bedford St, Carlisle PA 17013 "AVISO "Le han demandado a usted en la corte. Si, usted quiere defenderse de estas demandas expuetas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fedcha de la demanda y la notificatioion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con tadas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER'S REFERENCE SERVICE 32 S Bedford St, Carlisle, PA 17013 1. JOINDER COMPLAINT OF DEFENDANTS, CYNTHIA AND KELLY KEATING, AGAINST ADDITIONAL DEFENDANT, EMILY DOLL Plaintiff's Complaint, the averments of which have been denied by the defendants, Cynthia Keating and Kelly Keating(hereinafter referred to as "Defendants"), is incorporated by reference for purposes of this Joinder Complaint against the proposed Additional Defendant, Emily Doll (hereinafter referred to as "Additional Defendant"). (A true and accurate copy of Plaintiff's Complaint is attached hereto as "Exhibit A"). 2. Additional Defendant is a resident of the Blair County, with an address of 113 Houndstooth Way 2, Hollidaysburg, PA 16648-3245. 3. At the time and place in question, Additional Defendant Emily Doll was facing southbound on Britton Road at its intersection with Brookside. Despite not having any traffic control device, Additional Defendant stopped and motioned the Moving Defendant, Kelly Keating, to proceed from Brookside Avenue onto Britton Road. 4. As Moving Defendant negotiated her turn following the indications of Additional Defendant, an accident occurred between Moving Defendants' vehicle and the vehicle driven by Defendant, Brian Wenger. 5. The negligence of Additional Defendant consisted of the following: (a) Failure to keep proper lookout for other vehicles on the road; (b) Failure to operate a vehicle in accordance with lane and roadway markings; (c) Failure to exercise due care in the operation of her motor vehicle; (d) Operating said vehicle without regard for the safety of other vehicles on the roadway; (e) Operating said motor vehicle in violation of the rules of the road and laws of the Commonwealth of Pennsylvania related to operation of motor vehicles on public roadways. 6. As a proximate and foreseeable result of the carelessness and/or negligence and/or reckless of Additional Defendant, any injuries alleged to have been suffered by Plaintiff, the same of which are denied, were caused by Additional Defendant. WHEREFORE, Defendant respectfully requests this Honorable Court to find that Additional Defendant, Emily Doll, is alone liable, jointly and/or severally liable or liable over to Defendants for contribution or indemnification of any recovery obtained by Plaintiff, Jennifer Cherry. Date: By: KENT & MCBRIDE, P.C. J s . G. Ferguson, Esquire orney for Defendants ynthia Keating and Kelly Keating KENT & McBRIDE, P.C. By: JOSHUA G. FERGUSON IDENTIFICATION NO.: 93188 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 ATTORNEY FOR DEFENDANTS, KELLY KEATING AND CYNTHIA KEATING JENNIFER M. CHERRY V. KELLY KEATING, et al. V. EMILY DOLL COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 14-5763 CERTIFICATE OF SERVICE I, Joshua G. Ferguson, Esquire, hereby certify that on this date, a true and correct copy of the within Defendants' Joinder Complaint Against Additional Defendant, was served on all counsel of record and unrepresented parties by first-class mail, postage prepaid below Date: gvAo( KENT & •BRIDE, P.C. By: 41 Jofua G. Ferguson, Esquire At rney for Defendants Cy thia Keating and Kelly Keating VERIFICATION I, Joshua G. Ferguson, Esquire, hereby state that I am the attorney for Defendants; that I am authorized to take this Verification on their behalf; that I have read the foregoing pleading; and, the averments set forth therein are true and correct to the best of my knowledge, information and belief. Further, I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: I u Iln G. Ferguson, Esquire 10/09/2014 11:53 FAX 860 355 8453 HVIA 81002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER M. CHERRY Plaintiff vs (, / �J Lo g �l-4 BRIAN WENGER, ET AL. Defendant NOTICE TO DEFEND y1 r"5 -,c, cis 'r.2ti 1-4 YOU HAVE BEEN SUED IN COURT_ IF \'&I M TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TACE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTER NG 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, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 ELJGIBLE PERSONS AT A REDUECED FEE OR. NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 10/09/2014 KPDCN201410090000112 10/09/2014 11:53 FAX 860 354 8453 HVIA SILV$RS, L4NGSAM & WEITZMAN, P.C. By: Prank Breitman, Esquire - #35506 Two Penn Center Plaza, Suite 1410 ISTe & John F. Kennedy Boulevard Philadelphia, PA 19102 215 227-2727 JENNIFER M. CHERRY 435 Mallard Road Hatboro, PA 19040 VS, BRIAN WEN©ER 203 Zion Road Newburg, PA 17240 AND LONNIE SNYDER 4366 Roxbury Road Shippensburg, PA 17267 AND KELLY KEATING 103 Brookside Avenue Shippensburg, PA 17257 AND CYNTHIA KEATING 7 Summit Street NOW Milford, CT 06776 E1003 TI -IIS IS AN ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING IS REQUIRED ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS PHILADELPHIA COUNTY NO.; COMPLAINT - CIVIL ACTION You have been sued in court. If you wish to defend against the Claims set forth in the knowing paces, you must rake action within twenty (20) days after this complaint and notice we 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 arc warned that if you fail to do so the onto may prococd without you end a judgment may bo entered against you by the court without further notice for any money claimed M the complaint or for any other claim or relief roqucsted by the plaintiff You may toxo money or property Or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DQ NOT HAVE A LAWYER DR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY OAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1400-990.9108 717-249.3166 TERM, 20 AVI46 Le hen demandado a listed en Is corse, SI listed quaere detbnderse do rates demandaa eapuostas en las pagans sigulcntea, listed bane reinta (20) dies do plazo el partlr do is Dacha de Is domande y hi notiticaoidn, Hca felut ,tamer una oomparanoia nncrite o en peraone o con un abpged° y emrogar a la oorte on forms marina sus defenses o sus Objeolones a las de nandae on contra de t+u persona. Sea avlsedo quo si listed no Sc deiienda, to cone roman nadides y puede continuer la domande on contra says tin pivot) avlso o notlilcaolbn, Ademas, la cone puede decidir a favor dol domandenty y requiem qua tared ample con lodes lax provision= de oata demanda. Used pada perdar dincro o sun propledades u otroa derechos important= pare ustod. LLEVE BETA DEMANDA A UN ADOQADO INMEDIATAMENTE, Si NO TIENE A$OOADO 0 SI NO TIENE EL DTNERO SUFICIENTE PE PACAR TAI, S6RVICIO, VAYA EN PERSONA 0 LLAMS POR TELEFONO A LA OFICINA CUYA DI1t,ECCION SE ENCUENTRA ESCRffA ADAJO PARA AVERIOUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1.800-990-9108 717.249.3166 10/09/2014 KPDCN201410090000112 10/09/2014 1153 FAX 860 355 8453 BVIA 0004 SILVERS, LANGSAM & WEITZMA.N, P.C. Frank Breitman, Esquire - #35506 Two Penn Center, Suite 1410 15TH & John F. Kennedy Boulevard PHILADELPHIA, FA 19102 215) 227-2727 JENNIFER M. CHERRY 435 MaRani Road Hatboro, PA 19040 VS. BRIAN WENGER 203 Zion Road Newburg, PA 17240 AND LONNIE SNYDER 4366 Roxbury Road Shippensburg, PA 17267 AND KELLY KEATING 103 Brookside Avenue Shippensburg, PA 17257 AND CYNTHIA KEATING 7 Sununit Street New Milford, CT 06776 ARBITRATION MATTER - ASSESSMENT OF DAMAGES IS REQUIRED ATTORNEY POR PLAINTIFF COURT OF COMMON FLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. TERM, 2014 1, Plaintiff, JENNIFER M. CHERRY, is an adult individual and resident of the Corrunortwealth of Pennsylvania, residin Hatboro, Pertnsylvania 19040. 10/09/2014 KPDCN201410090000112 thereJr at 435 Mallard Road, 10/08/2014 11:54 FAX 800 355 8453 AVIA 2, Defendant, BRAN WENGER, is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at 203 Zion Road, Newburg, Pennsylvania 17240. 3. Defendant, LONNIE SNYDER, is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein. at 4366 Roxbury Road, Shippensburg, Pennsylvania 17267_ 4- Defendant, KELLY KEA.TING, is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at 103 Brookside Avenue, Shippensburg, Pennsylvania 17257. 5. Defendant, CYNTHIA KEATING, is an adult individual and resident of the State of Connecticut, residing therein at 7 Summit Street, New Milford, Connecticut 06776. 6. At all times relevant hereto, Defendant, BRIAN WENGER, was the operator of a 1994 Ford Ranger, registered in the Commonwealth of Pennsylvania, owned by Defendant, LONNIE SNYDER,. license tag P YYZ9999. 7. At all times relevant hereto, Defendant, KELLY KEATING, was the operator of a 2009 Chevrolet Cobalt, registered in the State of Connecticut, owned by Defendant CYNTHIA KEATING, license tag # 277YUV. 8. On or about October 23, 2012, at approximately 4:13 p.m., Plaintiff, JENNIFER M. CT-zRKY, was a front seat passenger in the aforesaid Chevrolet motor vehicle, operated by Defendant KELLY KEATING, traveling westbound on 10/09/2014 KPDCN201410090000112 10/09/2014 11 34 FAX 860 355 8453 HVIA 1006 Brookside Avenue approaching the intersection with Britton Road In the City of Shippensburg, County of Cumberland, Comrnonweath of Pennsylvania, and was attempting to turn left onto Brookside Avenue. 9. At the above time and place, Defendant, BRIAN WENGER, was operating the aforesaid Ford motor vehicle, traveling northbound on Britton Road approaching the intersection with Brookside Avenue in the City of Shippertsburg, County of Cumberland, Commonwealth of Pennsylvania., traveling at an excessive rate of speed. 10. At the above time and place Defendants BRIAN WENGER and KELLY KEATING drove their respective motor vehicles carelessly into the intersection of Britton Road and Brookside Avenue, causing a sudden, forceful collision resulting in Plaintiff suffering serious bodily injuries, more fully described hereinafter. 11. The aforesaid accident was caused solely by the negligence and carelessness of the Defendants and was not due to any act or failure to act on the part of the Plaintiff. 12. At the time of the aforesaid, the carelessness and negligence of the Defendant, BRIAN WENGER, consisted of the following: a. Operating said motor vehicle at an excessive rate of speed under the circumstances; b. Failing to have said motor vehicle under proper and adequate control under the circumstances; c. Failing to give proper and sufficient notice of her approach; 10/09/2014 KPDCN201410090000112 10/09/2014 11;64 FAX 860 366 8463 HVIA a 007 d. Operating said vehicle without due regard to the rights, safety, and position of the Plaintiffs herein; e. Failing to obey the instructor's of an official traffic control device in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3111; f. Failing to yield the right of way when approaching an intersection with a through roadway, in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3321; g. Failing to stop when faced with a stop sign, in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, particularly 75 Pa. C.S.A. §3323; h. Operating said vehicle through an intersection at an unsafe speed in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3361; J. Driving a vehicle with careless disregard for the safety of persons or property in violation of the code of operations of vehicles of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3714; j. Failing to maintain a sharp lookout of the road and surrounding traffic conditions; k. Failing to avoid causing a collision with the vehicle occupied. by Plaintiff JENNIFER CHERRY, when Defendant, BRIAN WENGER, saw, or in the exercise of reasonable care should have seen that the aforesaid Ford motor vehicle operated by Defendant KEATING and occupied by Plaintiff was already on the road in full view of Defendant WENGER; 1. Violating various ordinances of the City of Shippensburg and County of Cumberland and the statutes of the Coourtonwealth of Pennsylvania pertaining to the operation and control of motor vehicles, particularly those pertaining to obeying and stopping for stop signs; in Being inattentive and otherwise careless and negligent; 10/09/2014 KPDCN201410090000112 10/09/2014 11:54 FAX 860 355 8453 HVIA Zoos 13. At the time of the aforesaid, the carelessness and negligence of the Defendant, KELLY KEATING, consisted of the following: a. Operating said motor vehicle at an excessive rate of speed under the circumstances; b. Failing to have said motor vehicle under proper and adequate control under the circumstances; c, Failing to give proper and sufficient notice of hex approach; d. Operating said vehicle without due regard to the rights, safety, and position of the Plaintiffs herein; e. Operating said vehicle through an intersection at an unsafe speed in violation of the statutory rules of the road of the Commonwealth of Pennsylvania, specifically 75 Pa, C.S.A. 93361; f. Driving a vehicle with careless disregard for the safety of persons or property in violation of the code of operations of vehicles of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. 93714; g. Failing to maintain a sharp lookout of the road and surrounding traffic conditions; h. Failing to avoid causing a collision with Defendant BRIAN WENGER'S Ford motor vehicle, when Defendant, KELLY KEATING, saw, or in the exercise of reasonable care should have seen that the aforesaid Ford motor vehicle was already on the road in full view of Defendant KEATING; i. Violating various ordinances of the City of Shippensburg, County of Cumberland, and the statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicles, particularly those pertaining to maintaining a safe and reasonable speed when traveling through an intersection of roadways; j. Being inattentive and otherwise careless and negligent; 10/09/2014 KPDCN201410090000112 10/09/2014 11:54 FAX 080 355 8453 HYIA COUNT I JINNIFER M. CBE • ILL BRIAN WENGER and KELLY KEATJNG Wave 14. Plaintiff, JENNIFER M. CHERRY, incorporates paragraphs one (1) through thirteen (13) inclusively as fully as if each was herein set forth at length. 15. As a direct result of the accident caused by negligence and carelessness of the Defendants, BRIAN WENGER and KELLY '<EATING, Plaintiff, JENNIFER M. CHERRY, was suddenly jerked and jolted, suffering the following serious injuries, including but not limited to post-tratunatic headaches; active bilateral radiculopathy of C6; Right Hp chronic bursitis; Lumbar strain and sprain; Thoracic strain and sprain; post-traumatic distress, nervousness, and shock, together with various other injuries, the exact extent of which are unknown at this time, but which may be and probably is of a permanent nature with disabilities and a serious impairment of bodily function, to her great detriment and loss. 16. As a direct result of the accident caused by the negligence and carelessness of Defendants, Plaintiff, JENNIFER M. CHERRY, has in the past suffered and probably will in the future suffer great physical pain and anguish; she has suffered a loss of the enjoyment of her usual and daily activities, and has been in the past and may and probably will in the future be hindered from engaging in her usual and daily duties, occupations, pleasures and activities, and has or may sustain permanent diminution in her ability to enjoy life's pleasures. 17. As a further direct and reasonable result of the aforesaid, Plaintiff, JENNIFER M. CHERRY, has been or will be obliged to receive and undergo medical 10/09/2014 KPDCN201410090000112 10/00/2014 11:64 FAX 800 355 8453 HVIA attention and care and to incur various expenses, which expenses have or may exceed the sum recoverable under limits in 75 P.S. §1711 of the Pennsylvania Motor Vehicle Financial Responsibility Law ("Pa. MVFRL"), and she may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future to her detriment and loss. 18, As a further direct and reasonable result of the aforesaid, Plaintiff, JENNIFER M. CHERRY, may suffer a loss of earnings and impairment of her earning capacity and power all of which have been and will continue to be to her great financial damage and loss, and which do or may exceed amounts that she may be otherwise entitles to recover under the Pa. MVFRL. 19. As a further direct and reasonable result of the aforesaid, Plaintiff, JENNIFER M. CHERRY, has and may hereafter incur other financial expenses or losses, which do or may exceed amounts that she may be otherwise entitled to recover under the Pa. MVFRL. WHEREFORE, Plaintiff, JENNIFER M. CHERRY, demands judgment against Defendants, BRIAN WENGER and KELLY }(EATING, jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, cost, attorney's fees and such other sums as the Court deems just. 10/09/2014 KPDCN201410090000112 10/09/2014 11:54 FAX 860 355 8453 HVIA 83011 COTdNT II- NEGLIGENT ENTRU9']'MENT XENNTIx_ ER M �H 1�Y V LONNIt SI‘TXDER 20. Plaintiff incorporates paragraphs one (1) through eighteen (18) inclusively as fully as if each was herein set forth at length, 21. At all times relevant hereto, Defendant, BRIAN WENGER, was operating the aforesaid 1994.Ford Ranger vehicle owned by Defendant, LONNIE SNYDER, with her knowledge, consent and permission. 22. At all tunes relevant hereto, Defendant, BRIAN WENGER, was operating the aforesaid motor vehicle under the express and implied direction, and for the use and purpose, of owner, Defendant, LONNIE SNYDER. 23. Defendant, LONNIE SNYDER, negligently entrusted the operation and use of the aforesaid 1994 Ford Ranger motor vehicle to Defendant, BRIAN WENGER, when she knew or should have known, that Defendant, BAN WENGER, would operate and control the motor vehicle in a careless and negligent rammer by; (a) (b) Permitting and allowing Defendant, BRIAN WENGER, to use and operate Defendant, LONNIE SNYDER'S, motor vehicle when she knew or should have known that Defendant was likely to use and operate the aforesaid motor vehicle in such a manner as to create an unreasonable risk or harm to othem; Permitting and allowing Defendant, BRIAN WENGER, to use and operate the aforesaid 1994 Ford Ranger motor vehicle owned by Defendant, LONNIE SNYDER, without proper supervision or training; 10/09/2014 KPDGN201410090000112 10/09/2014 11:54 FAX 860 366 8463 HVIA V3012 24, At all times relevant hereto, Defendant, LONNIE SNYDER, was careless arid negligent in permitting and allowing Defendant, BRIAN WENCBR, to use and operate her motor vehicle without proper supervision. WHEREFORE, Plaintiff, JENNIFER M. CHERRY, demands judgment in her favor and against Defendants, LONNIE SNYDER and BRIAN WENGER,. jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs, and such other sums as the Covert deems just. COU T i•TEGLIGENT ENTRUSTMEM NI E Y CYN A K ATIN 25. Plaintiff incorporates paragraphs one (1) through eighteen (18) inclusively as fully as if each was herein set forth at length. 26. At all times relevant hereto, Defendant, KELLY KEATING, was operating the aforesaid 2009 Chevrolet Cobalt vehicle owned by Defendant, CYNTHIA KEATING, with her knowledge, consent and permission. 27. At all times relevant hereto, Defendant, KELLY KEATING, was operating the aforesaid motor vehicle under the express and implied direction, and for the use and purpose, of owner, Defendant, CYNTHIA KEATING. 28 Defendant, CYNTHIA KEATING, negligently entrusted the operation and use of the aforesaid 2009 Chevrolet Cobalt motor vehicle to Defendant, KELLY KEATING, when she knew or should have known, that Defendant, KELLY 10/09/2014 11)004201410090000112 10/00/2014 11:65 FAX 860 566 8463 }VIA KEATING, would operate and control manner by: (a) (b) Dior v t1013 a careless and negligent Permitting and allowing Defendant, KELLY KEATING, to use and operate Defendant, CYNTHIA IGEATING'S, motor vehicle when she knew or should have known that Defeandant was likely to use and operate the aforesaid motor vehicle in such a manner as to create an unreasonable risk or harm to others; Permitting and allowing Defendant, KELLY KEATING, to use and operate the aforesaid 2009 Chevrolet Cobalt motor vehicle owned by Defendant, CYNTHIA KEATING, without proper supervision or training; 29. At all times relevant hereto, Defendant, CYNTHIA KEATING, was careless and negligent in perrnitting and allowing Defendant, KELLY KEATING, to use and operate her motor vehicle without proper supervision. WHEREFORE, Plaintiff, JENNIFER M. CHERRY, demands judgment in her favor and against Defendants, CYNTHIA KEATING and KELLY KEATING, jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs, and such other sums as the Court deems just. Respectfully submitted, SILVER TMA , Attorney for Plaintiff 10/09/2014 KPDGN201410090000112 10/09/2014 11:55 FAX 86.0 365 8453 RYXA R014 hereby state that I am the plaintiff in this action and verify that the statements of fact made in the foregoing •Complaint are true and correct to the best of my k:nowledge, information and belief. The undersigned understands that this Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to Unsworn falsification to authorities V Dated: V Signed: 10/09/2014 KPDCN201410090000112 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ht PRO rHON0.= .. 2014 OEC " Mf 9: 145 CUNSERL; !4O COUNTY • PENNSYLVANIA Jennifer M Cherry vs. Brian Lee Wenger (et al.) Case Number 2014-5763 SHERIFF'S RETURN OF SERVICE 10/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lonnie Snyder, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 42 Peachy Ann Drive, Lower Mifflin, Newville, PA 17241. Deputies were advised by the current tenant that they have lived at this residence for the past ten years and have never heard of the defendant. 10/16/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this Complaint & Notice upon defendant Kelly Keating is returned not served per request from attorney Breitman. 10/16/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lonnie Snyder, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint & Notice according to law. 10/17/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brian Lee Wenger, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 203 ZION RD, NEWBURG, PA 17240. Deputies were advised by the defendant's mother that the defendant no longer resides here. 11/21/2014 The Sheriff of Franklin County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lonnie Snyder, but was unable to locate the Defendant in his bailiwick. The Franklin County Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 4366 Roxbury Road, Shippensburg, PA 17257. SHERIFF COST: $84.00 SO ANSWERS, November 21, 2014 RONNY R ANDERSON, SHERIFF tcl CountySuitc Sheriff, Taeosort, Inc. SHERIFF'S RETURN - NOT SERVED CASE NO: 2014-00361 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN JENNIFER M CHERRY VS LONNIE SNYDER DANE M ANTHONY , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SNYDER LONNIE 717 532-9825 (home phone number) but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT IN CIVIL ACTION the within named DEFENDANT , SNYDER LONNIE NOT SERVED , as to 4366 ROXBURY ROAD (10/31 and 11/17/2014 attempts were made) SHIPPENSBURG, PA 17257 ADDRESS LISTED IN JNET AND ACCURINT; DEPUTY LAVIENA MADE CONTACT WITH DEF BUT WAS UNABLE TO SERVE DUE TO COMP BEING EXPIRED. Sheriff's Costs: So answ Docketing .00 Service .00 Affidavit .00 DANE M AN '1 HO Surcharge .00 .00 .00 SILVERS LANGSAM WEITZMAN PC 11/19/2014 Sworn and subscribed)14/kgoduZi) to before me this/CI day of (2/ a`0,1c.7 C0MM0NWEAIJ95WI NSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 EXP: 11/14/2014 4366 ROXBURY ROAD, SHIPPENSBURG, PA 17257 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE, OF CUMBERLAND COUNTY of Euidbr11, Gs OFFICE OF THE SI ERIFF Richard W Stewart Solicitor Cherry, Jennifer M vs. Wenger, Brian Lee (et al.) Case Number 2014-5763 [Service Details: Category: Manner: Notes: SERVICE COVER SHEET Civil Action - Complaint & Notice Deputize Expires: 11/14/2014 Zone: Warrant: [Serve To: Name: Primary Address: Phone: Alternate Address: Phone: Lonnie Snyder 4366 Roxbury Road Shippensburg, PA 17257 DOB: 42 Peachy Ann Drive Lower Mifflin Newville, PA 17241 [Attorney/ Originator: Name: ['Final Service: Served: Personally • Adult In Charge • Posted • Other Adult In Charge: Relation: Date: Deputy: Time: • Mileage: Frank Breitman [Service Attempts: Date: Time: to u Mileage: c Deputy: w z z Phone: 101/ (3e& 20 [Notes / Special Instructions: -5,0,6 )f .fav nve _S-Aryil r C vC2n %-sea.a.�e Dv /z2 &/-sS /S a- ry'o Arte' , vse 4//e% or ,e .Y.eis A •A,crid E,P/or• .3146(6 Now, October 16, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Franklin County to I 0u OUT F`S OFFICE execute service of the documents herewith and make return thereof according to law. Lu Return To: z Cumberland County Sheriffs Office cn One Courthouse Square Carlisle, PA 17013 ic} CountySu to Sheriff, Teleosott. Inc Ronny R Anderson, Sheriff KENT & McBRIDE, P.C. By: JOSHUA G. FERGUSON IDENTIFICATION NO.: 93188 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 ATTORNEY FOR DEFENDANTS, KELLY KEATING AND CYNTHIA KEATING JENNIFER M. CHERRY V. KELLY KEATING, et al. V. EMILY DOLL COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 14-5763 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate Defendants', Kelly Keating and Cynthia Keating's Joinder Complaint in the above -captioned matter. Date: KENT & cBRIDE, P.C. Bv: G. erguson, Esquire (pv,1,131L1,i,„ e.L403/py, 41 -3( -Hip SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor f4 OFFICE. OF fl4 $kMRIFF 21h DEC 19 Pik 3: L�€ CUMBERLAND COUNTY PENNSYLVANIA Jennifer M Cherry vs. Kelly Keating (et al.) Case Number 2014-5763 (Joinder Complaint) SHERIFF'S RETURN OF SERVICE 12/17/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Emily Doll, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint Joining Additional Defendant as "Not Found" at 16 Kenneth Avenue, Apt. 1, Shippensburg Township, Shippensburg, PA 17257. Deputies were advised by the current tenants that the defedant does not live at this address. SHERIFF COST: $55.60 SO ANSWERS, December 17, 2014 )c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF KENT & McBRIDE, P.C. By: JOSHUA G. FERGUSON ATTORNEY FOR DEFENDANTS, IDENTIFICATION NO.: 93188 KELLY KEATING AND CYNTHIA KEATING 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 JENNIFER M. CHERRY • COURT OF COMMON PLEAS • CUMBERLAND COUNTY V. • • c ,t_ KELLY KEATING, et al. • Docket No. 14-5763 • V. • • EMILY DOLL : PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate Defendants', Kelly Keating and Cynthia Keating's Joinder Complaint in the above-captioned matter. KENT : cBRID • C. By: f•Fhua G. Ferguson, Esquire Date: f,11,•75 pQ AT1-54 i3Q1q pji-SIE 800