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Home My WebLink About02-4976IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY as CIVIL DIVISION subrogee of Marshall Powell, No.: 02 - L/Q7? tc?? l Plaintiff, V. JAMIE MAYBERRY, WRIT OF SUMMONS Defendant. Filed on behalf of Plaintiff: State Farm Fire & Casualty as subrogee of Marshall Powell Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. 485635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14' Floor Pittsburgh, PA 15222 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY as subrogee of Marshall Powell, Plaintiff, CIVIL DIVISION No.: C.Z - V. JAMIE MAYBERRY, 9". $ Z??a E--k- "Vi"LA-Nifendant. Sl,,?'P?c"''c?uny? 7 R 194.57 WRIT OF SUMMONS TO: Prothonotary Kindly issue a Writ of Summons in connection with the above matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP CI Christopher Deegan, Esquire Counsel for Plaintiff Dated: I I) I t k I D' ' -73 w (}-?.? - ?iJ 1 r I c o r? L! 4 r S£9S8 ON C[I ymoD auiazdnS IhSh-I8Z-ZIb :ouogdalay 33!;Uield :103 XDLUOIIV ZZZSI Vd `H9HfIgS.L1dd 2100-ld Hybl H:ILNdO AVMd.LVO OAU d'I'I `AgMdN'8 saulA NO.Ld'Idv.LS NOSdNIIS H3H9VTIV9 H:49HM :ssazppV d?IIflbSd `NVJgIIQ 'd -dgHdO,LSIHHO :auu'N :XauzoIIV XlndaQ ; S ZOOZ `bI llaffoLDO alu(I /,julouoglojd ONO'I `d SLLUX) (ridas) •noX IsutEdu ponjua aq,Cm luauBpnf jImpp u zo pua;ap of pajmbai are noX gorgm noX Isuiu8u mu-puol;OV ling u! uotIJu uu p00uauM100 anuq / sug33Ru?u!d aq; 'I'IdMOd'I'IVHSHVNi do 93002IafIS SV A.L IVRSVO'8 allIg mva d,LV,LS Iugl pagt;ou Xgaiaq am noA AUH311AVW dIWVf 01 luupua3aQ LSZLI Vd `9Hf1gSNIIddIHS AVMHOIH 2IdNIIH 996 AuHaffAVNI IIINIVf M73Z-u0ll3V!!A!3 ul M:IL MAID 9L617-ZO'0N -SA 33Ruiuld scald uounuoD 3o unoD 'I'IIIMOd 'I'IVHS2IVNt do dd002IgfIS SV AI,WfISVO'8 auld MV3 alviS SAIONIVIS 30 IIHA , puul.iagtun3 3o Sjuno3 utUUAISSUUad 3o q;luaMUoululo3 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04976 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM FIRE & CASULATY VS MAYBERRY JAMIE BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MAYBERRY the DEFENDANT at 2037:00 HOURS, on the 15th day of October 2002 at 965 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to JAMIE MAYBERRY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this ) I,a,f day of A. D. -T Prothonotary So Answers: A R. Thomas Kline 10/17/2002 WEBER GOLDS By: GREENBERG r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY CIVIL DIVISION COMPANY as subrogee of Marshall Powell, No.: 02-4976 Civil Term Plaintiff, V. COMPLAINT JAMIE MAYBERRY, Defendant. Filed on behalf of Plaintiff: State Farm Fire & Casualty as subrogee of Marshall Powell Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14" Floor Pittsburgh, PA 15222 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY CIVIL DIVISION COMPANYas subrogee of Marshall Powell, No.: 02-4976 Civil Term Plaintiff, V. JAMIE MAYBERRY, Defendant. NOTICE TO DEFEND 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 notices are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166/(800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY CIVIL DIVISION COMPANYas subrogee of Marshall Powell, No.: 02-4976 Civil Term Plaintiff, V. JAMIE MAYBERRY, Defendant. COMPLAINT AND NOW comes plaintiff, State Farm Fire & Casualty Company as subrogee of Marshall Powell, by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint:: Plaintiff, State Farm Fire & Casualty Company as subrogee of Marshall Powell (hereinafter referred to as "State Farm"), is a corporate organized under the; laws of the Commonwealth of Pennsylvania and doing business within the Commonwealth ofPennsylvania at P. 0. Box 41, Concordville, Pennsylvania 19331-0041. 2. Marshall Powell (hereinafter referred to as "Powell'), is an individual residing at 191 Crains Gap Road, Carlisle, Pennsylvania 17013. 3. At all times relevant hereto, Powell was the holder of a policy of insurance which was issued by State Farm. 4. Defendant, Jamie Mayberry (hereinafter referred to as "Mayberry"), is an individual residing at 965 Ritner Highway, Shippensburg, Pennsylvania 17257. On or about October 14, 2000, Mayberry, while attempting to back out of Powell's driveway, struck a brick wall. In doing so, the wall was damaged. 6. Mayberry's careless, negligent and reckless conduct was the direct and proximate cause of the damage that occurred to Powell's brick wall and that conduct is more particularly set forth below: a. In striking the brick wall with her automobile; b. In failing to look before attempting to back out of the driveway: C. In failing to control her vehicle; d. In operating the vehicle in a careless, negligent and reckless manner; e. In operating her vehicle in such amanner which allowed it to strike the brick wall; f. In failing to provide Powell with the standard of care owed to him under the existing circumstances. WHEREFORE, plaintiff, State Farm Fire & Casualty Company as subrogee of Marshall Powell, demands judgment in its favor and against the defendant, Jamie Mayberry, in the amount of $1,377.60, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Qy Christopher P eegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Christopher P. Deegan, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiff s Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Complaint are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subj ect to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsifications to authorities. Dated: CW,??- Ie hristopheA . Deegan, Esquire. CERTIFICATE OF SERVICE I, Christopher P. Deegan, Esquire, hereby certify that a true and correct copy of the foregoing Complaint was served upon the following by first-class mail this ) 6 day of December, 2002: Jamie Mayberry 965 Ritner Highway Shippensburg, PA 17257 l Christophe;ail eegan, Esquire Counsel fa tiff OLD STATE FARM FIRE & CASUALTY COMPANY, as subrogee of Marshall Powell, Plaintiff V. JAMIE MAYBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4976 CIVIL TERM ANSWER AND NOW, comes the Defendant, Jamie Mayberry, by her attorney William A. Addams, of Hanft & Knight, P.C. and files the following Answer to the Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. After reasonable investigation, the Defendant is without knowledge sufficient to form a belief as to the truth of the averment. The same is therefore denied. 4. Admitted. 5. It is admitted that the Defendant's vehicle touched the wall. It is denied that this caused the wall to be damaged. 6. Denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, the Defendant requests the Complaint be dismissed. HANFT & KNIGHT, P.C. William A. Ad ams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendant VERIFICATION Jamie R. Mayberry hereby verifies that the facts set forth in the foregoing Answer to 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. §4904 relating to unsworn falsifications to authorities. t Jamie R. Mayberry DATE: December 19, 2002 CERTIFICATE OF SERVICE AND NOW, this 20th day of December, 2002, I, Mary M. Price, an employee of Hanft & Knight, P.C., hereby certify that I have served a copy of the Defendant's Answer to Complaint by mailing the same by United States mail, postage prepaid, to: Christopher P. Deegan, Esquire WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES & NEWBY, LLP 2 Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 .?7 {..?y 7 T7 STATE FARM FIRE & CASUALTY COMPANY as subrogee of Marshall Powell, Plaintiff, VS. JAMIE MAYBERRY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civ=il Term 4976- 2002 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: rhristnnher P. Deegan, quire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 1 .17 7.60 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Chri Atnnher P. neegan. Esquire and William Addams, Esquire (counsel for defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Christoph P. Deegan, Esquire Counsel or Plaintiff ORDER OF COU AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200_, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, GEORGE E. HOFFER, P.J. CERTIFICATE OF SERVICE I, Christopher P. Deegan, Esquire, hereby certifies that on this date a true and correct copy of the following correspondence was sent by first class United States mail, postage prepaid, to the following: William Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Counsel for Defendant Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLET ON FIRES & NEWBY, LLP By: ? " Christopher V Deegan, Esquire Counsel for Plaintiff Dated: S hi 0 ? ? O 0 ?1. ??-? ?, L ; _ {_> ' ?-, „?., ,. ?,a _ -- _. ,; ;_ , _, ?:: -K ?, .. STATE FARM FIRE & CASUALTY COMPANY as subrogee of Marshall Powell, Plaintiff, VS. JAMIE MAYBERRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant. Civil Term 14976- 2002 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher p_ Deegan, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Chriatnnher P. Deegan. Esauire and William Addams, Esquire (counsel for defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ?\ I Christoph P. Deegan, Esquire Counsel or Plaintiff ORDER OF COU AND//S?NOW, ? ? e ^ _3 200 5J , in consideration of the foregoing petition, oJ//i r> 4A Esq., and X?' l (?? Esq., and S Esq., are pointed arbitrators in the above captioned action (or actions) as pray d for. By the Z"k\ GEOR E E. HOFFER, P.J. ai ) MSNN3j AINnM L 1 :01 WV £- N(N SooZ AUVIONOHiUd 3Hi JO 3Sl±- O-GIT2 CERTIFICATE OF SERVICE I, Christopher P. Deegan, Esquire, hereby certifies that on this date a true and correct copy of the following correspondence was sent by first class United States mail, postage prepaid, to the following: William Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Counsel for Defendant Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: c'1``)`,/ Christopher eegan, Esquire Counsel for Plaintiff Dated: ?? 11 o, O 0 ;il; STATE FARM FIRE & CASUALTY COMPANY, as subrogee of Marshall Powell, PLAINTIFF V. JAMIE MAYBERRY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4976 CIVIL TERM ORDER OF COURT AND NOW, this :K2 day of May, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and No V, Otto, III, Esquire, Chairman, shall be paid the sum of $50.00. No V. Otto, III, Esquire Court Administrator :sal COY Mao .o'I 1310 By the Cou Edgar B. B N C") v C16- cr) i:111 D ? f STATE FARM FIRE & CASUALTY COMPANY, as subrogee of Marshall Powell, PLAINTIFF V. JAMIE MAYBERRY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4976 CIVIL TERM ORDER OF COURT AND NOW, this S day of May, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and No V, Otto, III, Esquire, Chairman, shall be paid the sum of $50.00. No V. Otto, III, Esquire Court Administrator :sal 00py Hoi 0q DO By the Cou Lagar ti. tray 4-- T t f Q.. . ... CD _ N e9tb