Loading...
HomeMy WebLinkAbout05-5679WILLIAM A. ADDAMS ATTY. I.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 DARLENE K. WESTHAFER Plaintiff VS. HOLLY A. SMITH and NICHOLAS P. CHILENSKI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. CIVIL ACTION LAW NO. ?5 S!o W/ ?? JURY TRIAL DEMANDED 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 by the Court without further notice for any money claimed in 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. Court Administrator Fourth Floor Cumberland County Court House I Court House Square Carlisle, Pa. 17013 717-240-6200 William A. Ad ams Attorney for Plaintiff WILLIAM A. ADDAMS ATTY. I.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 DARLENE K. WESTHAFER Plaintiff vs. HOLLY A. SMITH and NICHOLAS P. CHILENSKI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. CIVIL ACTION LAW NO. O? 54 79 C,'et? 7_;..._- JURY TRIAL DEMANDED COMPLAINT And now comes the plaintiff, Darlene K. Westhafer, by her attorney, William A. Addams, and makes the following complaint: 1. The plaintiff is Darlene K. Westhafer, an adult individual residing at 78 W. Main St., Plainfield, PA 17081. 2. The defendant, Holly A. Smith, is an adult individual residing at 215 Summer Lane, Enola, PA 17025. 3. The defendant, Nicholas P. Chilenski, is an adult individual residing at 315 North Mountain Road, Newville, PA 17241. 4. On January 28, 2004, at about 2 P.M., the plaintiff was driving an automobile behind a 2000 Dodge Neon operated by defendant, Holly A. Smith, traveling East on Pa. Rte. 641 about 2 miles west of Newville when Ms. Smith negligently and carelessly lost control of her automobile and began to slide sideways. 5. The plaintiff was unable to avoid colliding with the left side of the Smith vehicle. The defendant, Chilenski, was traveling immediately behind the plaintiff's vehicle in a 1988 Dodge Dakota with a snow plow attached and negligently and carelessly struck the rear and left side of the plaintiff's vehicle. 6. The defendant, Holly A. Smith, was negligent and careless in: a. Traveling too fast for conditions; b. Improperly applying her brakes when her vehicle began to slide; c. Failing to have her vehicle under control; The defendant, Nicholas P. Chilenski, was negligent and careless in: a. Following too closely; b. Failing to observe the events ahead of him in time to avoid a collision; and c. Failing to have his vehicle under control. 8. As a result of the negligence and carelessness of the defendant, the plaintiff sustained a severe neck injury. She was treated in the Emergency Room of the Carlisle Hospital and on August 17, 2004, underwent an anterior cervical discectomy at C 3-4 and cervical fusion. 9. As a result of her injuries the plaintiff has incurred or will incur past and future medical expense, loss of earnings, loss of earning capacity, past and future pain and suffering, and loss of life's pleasures. 10. Plaintiff has the full tort option. WHEREFORE, the plaintiff demands judgment against the defendants for an amount in excess of $35,000, plus interest and costs of suit. William A. A ams Attorney for Plaintiff VERIFICATION Darlene K. Westhafer, hereby verifies that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 7 Darlene K. Westhafer O+ ? W v r ? a a a rr + ro y' C. • J m ,> ? y c.,Y u CASE NO: 2005-05679 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTHAFER DARLENE K VS SMITH HOLLY A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KI NICHOLAS P the DEFENDANT , at 1443:00 HOURS, on the 17th day of November , 2005 at 315 NORTH MOUNTAIN ROAD NEWVILLE, PA 17241 by handing to ROGER CHTLENSKI, FATHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 / rr Service 10.56 f Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 26.56 11/18/2005 WILLIAM ADDAMS Sworn and Subscribed to before By:? me this day of I?f=puty S eriff i 6 Pro ota AL SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05679 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WESTHAFER DARLENE K VS SMITH HOLLY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH HOLLY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT , SMITH HOLLY A 215 SUMMER LANE ENOLA, PA 17025 SERVICE WAS ATTEMPTED AT BOTH ENOLA ADDRESS AND 406 MOHAWK RD NEWVILLE (FORWARDING Sheriff's Costs: So answers: - Docketing 18. 00 Service 25. 92 Not Found 5. 00 R. Thomas Kline Surcharge 10. 00 Sheriff of Cumberland County Postage .37 59. 29 WILLIAM ADDAMS 11/18/2005 Sworn and subscribed to before me ti this cr day of a,", von' A.D. Pr onot r WILLIAM A. ADDAMS ATTY. I.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 DARLENE K. WESTHAFER Plaintiff VS. HOLLY A. SMITH and NICHOLAS P. CHILENSKI Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. CIVIL ACTION LAW NO. 5679 of 2005 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT Please reinstate the complaint in this matter and give a copy of this praecipe along with the $100 check attached to serve the defendant, Holly A. Smith at 319 3` St., Apt. 4, Enola, PA 17025. William A. Addams Attorney for Plaintiff Dated: January 6, 2006 ,? ^, _, -- (_ '1__? I :- C`J l ?' _? i, ' -? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05679 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WESTHAFER DARLENE K VS SMITH HOLLY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH HOLLY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT SMITH HOLLY A 19 3RD STREET APT 4 ENOLA. PA ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO FIND Sheriff's Costs: Docketing 18.00 Service 39.60 Affidavit 5.00 Surcharge 10.00 .00 72.60 AT GIVEN ADDRESS. So answer,?sr-?'° ? R. Thoma e Sheriff of Cumberland County WILLIAM ADDAMS 02/10/2006 Sworn and subscribed to before me this 15,n? day of d I, A.D. Pr on ary WILLIAM A. ADDAMS ATTY. I.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 DARLENE K. WESTHAFER Plaintiff vs. HOLLY A. SMITH and NICHOLAS P. CHILENSKI Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. CIVIL ACTION LAW NO. 5679 of 2005 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT Please reinstate the complaint in this matter and give a copy of this praecipe along with the $100 check attached to serve the defendant, Holly A. Smith at 319 3` St., Apt. 4, Enola, PA 17025. William- A. Addams Attorney for Plaintiff Dated: February 28, 2006 _? ,; _; F \FILE$\DATABU\Progressrve7837Tari e.0I88\PRA I Created 9/20/04 0:06PM Revised. 4/13/06 11 48AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Nicholas P. Chilenski DARLENE K. WESTHAFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5679 CIVIL ACTION - LAW HOLLY A. SMITH and NICHOLAS P. CHILENSKI, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Nicholas P. Chilenski in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO B e-44111 Thomas J. W ams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Nicholas P. Chilenski Dated: April 13, 2006 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William A. Addams, Esquire 27 West High Street Carlisle, PA 17013 Ms. Holly A. Smith 319 3`a Street, Apt. 4 Enola, PA 17025 MARTSON DEARDORFF WILLIAMS & OTTO Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 0)044) 130 a } =:1 .1 '?J. •;1 ?? ..?_ DARLENE K. WESTHAFER, Plaintiff vs. HOLLY A. SMITH and NICHOLAS P. CHILENSKI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5679 : JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Holly A. Smith, with regard to the above-captioned matter. Date: Respectfully submitted, NEALON GOVER & PERRY B Y• Michael S. Ferguson, Esquire I.D. # 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 1 day of May, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William A. Addams, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013 Thomas J. Williams, III, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 'IN Michael S. Ferguson, Esquire Cp n -n 0 SHERIFF'S RETURN - REGULAR CASE NO: 2005-05679 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTHAFER DARLENE K VS SMITH HOLLY A ET AL RONALD KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH HOLLY A the DEFENDANT at 0805:00 HOURS, on the 7th day of March 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to HOLLY A SMITH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service .00 ^?,.cP Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 28.00 03/07/2006 WILLIAM ADDAMS Sworn and Subscribed to before By: me this 26 day of Deputy Sheriff v aDD(v A. Prot?onotar FiFILESVDATAPILP1Prognw,vJ7nTCmrenp 186.1 Created'. 9120/04 006PM Remed. 5124106 1 55PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Nicholas P. Chilenski DARLENE K. WESTHAFER, Plaintiff V. HOLLY A. SMITH and NICHOLAS P. CHILENSKI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5679 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT CHILENSKI'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: DARLENE K. WESTHAFER Plaintiff, and her attorney, WILLIAM A. ADDAMS, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendant, Nicholas P. Chilenski, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows in answer to Plaintiff's Complaint: 1-4. Admitted. 5. Denied as stated. Plaintiff, traveling directly in front ofDefendant Chilenski's vehicle, lost control ofher vehicle and came to a sudden stop within Defendant Chilenski's assured clear distance after colliding with Defendant Smith. It is specifically denied that Defendant Chilenski's actions were negligent or careless in any respect. 6. Admitted. 7. Denied. Defendant Chilenski was not negligent and careless as alleged in Plaintiff s Complaint. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form abelief as to Plaintiffs diagnosis or treatment, and this allegation is therefore denied. Strict proof thereof is demanded. 9. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form abelief as to Plaintiff s past or future loss of earnings, pain and suffering, loss of life's pleasures, and is therefore denied. Strict proof thereof is demanded. 10. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form abelief as to which tort option Plaintiffselected, and this allegation is therefore denied. Strict proof thereof is demanded. WHEREFORE, Defendant Nicholas P. Chilenski, demands judgmentin his favor and dismissal of Plaintiffs Complaint with prejudice. NEW MATTER I t . The averments of paragraphs I through 10 of this Answer are incorporated herein by reference. 12. The Plaintiffs claims are barred by the applicable Statute of Limitations. 13. The Plaintiff s recoveryis barred or reduced bythe Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 14. Plaintiff or her representatives chose the limited tort option by signing a valid selection form. 15. Plaintiff s injuries do not involve death, serious impairment of bodily function or permanent disfigurement. WHEREFORE, Defendant Nicholas P. Chilenski demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO By_ Itn? `J?e-vC Thomas J. Wi ams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 24, 2006 Attorneys for Defendant Nicholas P. Chilenski VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmy knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, whichprovides that if f make knowingly false averments, I may be subject to criminal penalties. Nicholas P. Ni enski F.\FILES\ ATA LMPmVmivc79Mumrnt\I88t 1 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William A. Addams, Esquire 27 West High Street Carlisle, PA 17013 Michael S. Ferguson, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO r cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 24, 2006 ??f S yv. N ' ] G1 [ iT 1 ..? r J• WILLIAM A. ADDAMS ATTY. I.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 DARLENE K. WESTHAFER IN THE COURT OF OF CUMBERLAND Plaintiff VS. CIVIL ACTION LAW HOLLY A. SMITH and NO. 5679 of 2005 NICHOLAS P. CHILENSKI Defendant JURY TRIAL DED TO THE PROTHONOTARY CURT LONG: PRAECIPE Please file the attached Notice of Claim to the Welfare in accordance with 62 P.S. §1409 (b)(5). William A. Addams Attorney for Plaintiff N PLEAS PENNA. of Public Dated: May 26, 2006 William A. Addams Attorney at Law 27 W. High Street P.O. BOX 261 Carlisle, Pennsylvania 17013-0261 (717) 243-7638 waddi-m, s@earthlink.net Fax: (717)243-8955 May 26, 2006 Marie A. Trayer Claims Investigation Agent Commonwealth of Pennsylvania Department of Public Welfare Bureau of Financial Operations Division of Third Party Liability Casualty Unit P.O. Box 8486 Harrisburg, PA 17105-8486 Re: Darlene Westhafer CIS #:490100664 D/A: Jan. 28, 2004 Our File No. 7113 Dear Ms. Trayer: In response to your letter of May 22, 2006, 1 am givi g the Department notice that we represent Darlene K. Westhafer of 78 W. M ' St. Plainfield, PA 17081, SS# 183-56-9409, regarding the injuries she sustaine in an automobile accident on January 28, 2004. We have filed suit in the Court of Common Pleas of mberland County to No. 05-5679 against Holly A Smith of 319 Third St., Apt. , Enola, PA 17025, and Nicholas P. Chilenski of 315 North Mountain Road, Ne le, PA 17241. Ms. Smith is insured by Progressive, Cl. #0422266437. Her clai s representative is Tyeddie Williams, 5053 Ritter Road, Suite 101, Mechanicsbu g, PA 17055. Mr. Chilenski is also insured by Progressive, Cl. #042264 52. His claims representative is Veronica Shirk, 4000 Crums Mill Road, Sui e 200, Harrisburg, PA 17112. Ms. Westhafer suffered an injury to her neck in the au omobile accident, which required an anterior cervical discectomy and fusion at -C4. We look forward to receiving the Departments s atement of claim for medical assistance in this matter. Sincerely, William A. Addams WAA:a Enclosure CC. Ms. Darlene Westhafer 78 W. Main St. Plainfield, PA 17081 Thomas J. Williams, Esquire Martson Deardorff Wiliams & Otto 10 East High St. Carlisle, PA 17013 Michael S. Ferguson, Esquire Nealon Gover & Perry 2411 N. Front St. Harrisburg, PA 17111 c> ?; ? C- ?-, °' -n •--i ri=;' LL ri't ?: ? ' W ?? C' ?? _!, _ _? )t ,' .. _ S C-._ c'n _ .L ?? r.? {r? ?? ?? a DARLENE K. WESTHAFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5679 HOLLY A. SMITH and JURY TRIAL DEMANDED NICHOLAS P. CHILENSKI, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: Darlene K. Westhafer C/o William A. Addams, Esquire 27 West High Street P. 0. Box 261 Carlisle, PA 17013 TO: Nicholas P. Chilenski C/o Thomas J. Williams, III, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON GOVER & PERRY By: Michael S. Ferguson, I!-:squire I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 Date: I 717/232-9900 DARLENE K. WESTHAFER, Plaintiff vs. HOLLY A. SMITH and NICHOLAS P. CHILENSKI, Defendants 1. Admitted. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5679 JURY TRIAL DEMANDED CIVIL ACTION - LAW 2. Denied. The Defendant Holly A. Smith lives at 319 Third Street, Apartment No. 4, Enola, PA 17025. 3. Admitted on information and belief. 4. Admitted in part, denied in part. It is admitted that the Defendant Holly A. Smith was operating her motor vehicle on January 28, 2004 at approximately 2:00 p.m. on Pennsylvania Route 641 in West Pennsboro Township approximately two miles west of Newville, Pennsylvania. It is denied that Ms. Smith negligently and carelessly lost control of her automobile and began to slide sideways. That allegation is denied pursuant to Pa. R.C.P. 1029(e). 5. Denied. The Plaintiff is under an obligation to bring her vehicle to a safe stop when following another vehicle. As to the rest of the allegations, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the matters asserted. Therefore, they are denied. 6a - c. Denied pursuant to Pa. R.C.P. 1029(e). 7. This averment is addressed to a Defendant other than the answering Defendant, therefore, no responsive pleading is required. 8. Denied pursuant to Pa. R.C.P. 1029(e). 9. Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted. Therefore, the matter is denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted. Therefore, the matter is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Holly A. Smith, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff together with any costs associated herewith. NEW MATTER 11. Paragraphs 1 through 10 are incorporated herein by reference thereto. 12. The Plaintiff's claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. 75 Pa. C.S.A. §1701 et. Seq. 13. The Plaintiffs claims are barred by her own contributory negligence in failing to maintain her vehicle under control. WHEREFORE, Defendant Holly A. Smith, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff together with any costs associated herewith. NEW MATTER IN FORM OF CROSS CLAIM AGAINST DEFENDANT NICHOLAS P. CHILENSKI PURSUANT TO PA. R.C.P. 2252(d) 14. Paragraphs 1 through 13 are incorporated herein by reference thereto. 15. If the incident took place as alleged in the Plaintiffs Complaint, then the incident was caused by the negligence, carelessness and/or recklessness of Defendant Nicholas P. Chilenski. 16. This cross-claim is being filed to protect the rights of the answering Defendant, Holly A. Smith, for contribution and/or indemnification from Defendant Nicholas P. Chilenski. WHEREFORE, Defendant Holly A. Smith, respectfully request this action against her be dismissed together with any costs associated therewith. Respectfully submitted, NEALON GOVER & PERRY By '-MU Ld2LT-- Michael S. Fergus n, Esquire Attorney I.D. No. 83882 2411 North Front Street a? D(, Harrisburg, PA 17110, Date: (717 232-9900 JLn 28 06 09:39a ST-EMS J9:05 NERLON & GOVER 1. HOLLY SMITH, verify that the COPLAINT WITH NEW MATTER are ?1 5407-p. 1 717 2::C 5119 P.ia a'2 nis made in the foregoing ANSWER TO and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date HOL MITH? TOTPL P.02 CERTIFICATE OF SERVICE AND NOW, this !io day of rr 2006, 1 hereby certify that I have served the foregoing Answer to Complaint With New Matter and New Matter in Form of Cross-Claim Against Defendant Nicholas P. Chilenski Pursuant to Pa. R.C.P. 2252(d) on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William A. Addams, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013 Thomas J. Williams, III, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Michael S. Ferguson, squire (? P3 11 f1 - T t!? '.l Jf?IGIAIADARLENE K. WESTHAFER, Plaintiff vs. HOLLY A. SMITH and NICHOLAS P. CHILENSKI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5679 JURY TRIAL DEMANDED : CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Holly A. Smith, with regard to the above-captioned matter. Respectfully submitted, Date: /;/a D NEALON GOVER & PERRY By: UV? Michael S. Ferguson, 11squire I. D. # 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 1 • ? CERTIFICATE OF SERVICE AND NOW, this day of , 2006, 1 hereby certify that I have served the foregoing PRAECIPE TO WITHDRAW APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William A. Addams, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013 Thomas J. Williams, III, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 ? Vl Michael S. Fergus n, Esquire 4 Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant Holly Smith DARLENE K. WESTHAFER, Plaintiff vs. HOLLY A. SMITH and NICHOLAS P. CHILENSKI, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 CV 5679 CV CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Holly A. Smith, with regard to the above-captioned matter. Resp6ctfolly submitted, Date: October 12, 2006 By: dell cGuire, Esquire I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Holly A. Smith A CERTIFICATE OF SERVICE AND NOW, this 12th day of October 2006, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: William A. Addams, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013 Thomas J. Williams, III, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 CALDWELL & KEARNS By: jL," P4, Shirt M. Erb, Secretary 06621-029/107809 . CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 thefirnlCcaldwellkearns.com Attorneys for Defendant Holly A. Smith Darlene K. Westhafer, Plaintiff, VS. Holly A. Smith and Nicholas P. Chilenski, Defendants. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. the subpoena is sought to be served; 2. 3 4. : In the Court of Common Pleas : Cumberland County, Pennsylvania No. 05-5679 Civil Action - Law Jury Trial Demanded CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoena, is attached to this certificate; No objection to the subpoena has been received; and The subpoena which will be served i,-,oi the Notice of Intent to Serve By: ical to the subpoena which is attached to Je-Mey T. McGuire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 CALDWELL & LEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 Attorneys for Defendant Holly A. Smith Darlene K. Westhafer. Plaintiff, vs. Holly A. Smith and Nicholas P. Chilenski, Defendants. In the Court of Common Pleas Cumberland County, Pennsylvania No. 05-5679 Civil Action -Law Jury Trial Demanded NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: William A. Addams, Esquire Thomas J. Williams, III. Esquire 27 West High Street MARTZ,ON, DEARDORFF, W1L1.IAMS & OTTO P.O. Box 261 10 East Hiuh Street Carlisle, PA 17013 Carlisle, PA 17013 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, CA J/ Date: p/1 Id 6 By: RNS ire, Esquire MCI 73617 XVO' 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendant Holly A. Smith COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Darlene K. Westhafer, Plaintiff, File No. 2005 CV 5679 CV vs. Holly A. Smith and Nicholas P. Chilenski, Defendants. Civil Action - Law SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Geor e Branscum M.D. Belvedere a r l l s e ;' P o 8T 3 nme of Person or Entity) Within twenty (20) days a er senlice of this subpoena, you are ordered by the court to produce the following documents or things: Entire ,-medical billing and diagnostic file, including but not limited to an and all records, correspondence to and from the consulting and/or treating h slcian an ph sical reports, medication/ prescription records, medical billing and meat e grds x-ra f'?ms and, tests wlth? subsequent re}Qffi,_i.n.c?T, ,nn Ar,T axi a suc as may be stored in a computer database or otherwise in glectronic form,_relatinq^to any}examination, consultation, J- 4- iii F7c ?? err z .. v . Dar ene Kay Westhafer, DOB 09/18/60, S N 183-56-9409 Dates Requested: up to and including' the present at -I c ") , n1 -r4-1- l-- } U? ?. nr 1 ?1 1 F? (AdQress) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena Aithin hventy (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT TIIE REQUEST OF THE FOLLOWING PERSON: NAME: Jeffrey T. McGuire, Esquire ADDRESS: 3631 North Front Street Harrisburg, PA 17110 TELEPHONE: 7 17 - 2 3 2- 7 6 61 SUPREME COURT ID #f 7 3 617 ATTORNEYFOR:_Defendant Holes A. "Seal of the Court Smith BY TNE.C'OURT: `'Prothonotary, 3vil Div Sion Deputy C0IVS1ON_V `E- ALTII OF PENNSYLVANIA COUNTY OF CUMDERLAIvrD Darlene K. Westhafer, Plaintiff, File No. 2005 CV 5679 CV vs. Holly A_ Smith and Nicholas P_ Chilenski, Defendants. Civil Action - Law SUBPOENA TO PRODUCE DOCUMENTS OR TIMINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Fmc_ompass Tns r an?e, P_n_ Roy 16203 ., Reading, PA 19612_ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foil olI.-Ing documents or things: Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, ocumenta ion supporting P a1n 1 s c alm, paymen s including dates of ayments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining tc Dar1Ena K'ay DOR o9/1.i/_6_a ?SI?L18"3-56-9409 Date of Loss- 01 28 4 Dates Requested: up o and including the present at 3631 North Front Street, Harrisburq, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together wtth the certificate of compliance, to the party making this request at the address listed above You have the riOt to seek in advance the reasonable cost of preparing the copies or producing the things sought. If wu fail to produce the documents or things required by d _s subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT "fJJE REQUEST OF THE FOLLOWING PERSON: NAA4E: J.effley_T. McG ire,--Esy;_;ire ADDRESS 3631 North Front street H a r r i s b u???PA 171 10 TELEPHONE: 71 7- 232- 7661 _ SUPRFME COURT ID a 7 3 61 7 _ ;7`TORNTEY FOR: -.Defendant flol l,y_ A. Date: 'Seal of the Court Smith BY THE COLT I Pro notary, Civil D: n Deputy CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 thefirmLcaldwellkeams.com Attorneys for Defendant Holly A. Smith Darlene K. Westhafer, Plaintiff, VS. Holly A. Smith and Nicholas P. Chilenski, Defendants. : In the Court of Common Pleas : Cumberland County, Pennsylvania : No. 05-5679 : Civil Action -Law : Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW this b4ay of , 2007, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: William A. Addams, Esquire 27 West High Street P.O. Box 261 Carlisle, PA 17013 Thomas J. Williams, III, Esquire MARTZON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 By: --""'?- s ?t.f :?: `'? ca t ? ? n - _? "T1 ? --?? ?= }? ? __ --? ? -? `1:.? -°? ? ;=- F ! (`?.? - 4 • [?,.? 'TY f?.s WILLIAM A. ADDAMS ATTY. I.D. # 06265 43 W.SOUTH ST. P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 DARLENE K. WESTHAFER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNY, PENNA. Plaintiff VS. CIVIL ACTION LAW HOLLY A. SMITH and NO. 5679 of 2005 NICHOLAS P. CHILENSKI Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY CURT LONG: PRAECIPE Please mark this action settled and discontinued. William A. Addams Attorney for Plaintiff Dated: November 14, 2007 6 Z -1 Wd fi 1 AON LOOZ AMONGH. 08d 3Hi J0 3MO-C IJ