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Home My WebLink About00-05819 ~. ,"'",,''-,i,-'-' "" ""'0," ",-,', .. ~- ,'1,'1 .J MARGOLIS EDELSTEIN PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106,3304 215,922,1100 FAX 215-922,1772 ATTORNEYS AT LAw DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA. PA 19063 610'565,8311 FAX 610-565~8318 POST OFFICE BOX 932 HARRISBURG. PA 17108.()932 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH. PA 15219-2203 412,2814256 FAX 412,642-2380 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 717-975,8114 FAX 717-975-8124 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858,7200 FAX 609,858,1017 WRITER: STEPHEN L. BANKO, JR' DIRECT E-MAIL: sbanko@margolisedel$tein.com SCRANTON OFFICE Tf1E OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 November 15, 2001 David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Re: Dorothv B, Wriaht v. Rena McNauahton No. 2000-5819 Civil Term Dear Mr. Baric: I am in receipt of your letter dated November 12, 2001, and I enclose my calendar for December 2001 and January and February 2002. I have crossed out the days that I am not available. . Banko, Jr. SLBJr.jbjs Enclosure *Certified as a Civil Trial Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency l,"",," ~ November 2001 S M T W T F S 44 1 2 3 45 4 5 6 7 8 9 10 46 11 12 13 14 15 16 17 r 18 19 20 21 22 23 24 [48252627282930 2 9 16 8AX 23 December 2001 January 2002 ISM T W T F S. [II 1 2 3451 1216 7 8 9 10 11 12 i .3 13 14 15 16 17 18 19j 14 20 21 22 23 24 25 26 i 5 27 28 29 30 31 I Sun Mon Tue Wed Thu F'ri Sat 1 2 30 31 8:49AM Monday, November 12, 2001 I i , I 20 21 22 23 24 125)( 26 X X 27 28 '29 30 31 I I I ~ I I 8:49AM Monday, November 12, 2001 Oecember 2001 S M T W T F S 1481 1 4912 3 4 5 6 7 8 ,50i 9 10 11 121314 15! [!51[16 17 18 192021221 52123 24 25 26 27 2829 i 113031 January 2002 Sun Man Wed Thu 3 6 SAX 7 A~ 10 13 14 15 16 ,.~ ... "-"' ',.' " <, , , . --'" .''''<, '-' "i . '~'u ~ February 2002 ISM T W T F S IsI 1 2 I 6 I 3 4 5 6 7 8 9 , 7 110 11 12 13 14 15 16 , : i 8 117181920212223 \ 9 !24 25 26 27 28 ! I Fri Sat 4 i5 I 11 112 18 19 January 2002 ISM T W T F si III 1 234 51 2 6 7 8 9 10 11 12 131131415161718191 I 4 120 21 22 23 24 25 26 15127 28 29 30 31 I Sun Mon 3 SAX 4 10 11 17 , I i , i I I 118 '24 \25 ! ! , , ! I I I \ i 8:49AM Monday, November 12, 2001 Tue 15 I/(' I i I.- I ! !12 I I I I ,19 I I I i 126 - February 2002 Wed Thu I 6 .7 13 14 20 21 27 I 128 ." ""'~-'i, ~ March 2002 S M T W T F S 19 i 1 2: i 10 3 4 5 6 7 8 9 i '11'10111213141516' '12:17181920212223\ !13124 25 26 27 28 29 301 ~4:31 I Fri 1 8 15 22 Sat i2 I I , I I I , 19 I I I 16 I , I 23 "~ .' c , ,,'. ',',' ,'> . ,__.'0'""0 '~. ,-~ '""" -ii,~",~, '" ". ~',"'",'."" <>,,^,,,,';k';';':,':;,,,j,i'jk"- ',_ l",-"" "'-"11'1] Evan J. Kline, ill In #70283 GOLDBERG, KATZMAN & SIDPMAN, P.e. 320 Market Street P. 0. Box 1268 Iianisburg,PPc 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 00-5819 v. CIVIL ACTION - LAW RENA McNAUGHTON, Defendant 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 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 Ave. Carlisle, PA 17013 1-800-990-9108 ,,", Evan J. Kline, III J.D. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.e. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 00-5819 v. CIVIL ACTION - LAW RENA McNAUGHTON, Defendant NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVIClO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 1-800-990-9108 1 ~--~ '~"'~I Evan J. Kline, ill ID. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 lianisburg,P!\ 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 00-5819 v. CIVIL ACTION - LAW RENA McNAUGHTON, Defendant COMPLAINT AND NOW, comes the Plaintiff, Dorothy B. Wright, by her attorneys, Goldberg, Katzman & Shipman, P.c., and files this Complaint against the Defendant based on the following: L The Plaintiff, Dorothy B. Wright, is an adult individual who resides at 8115 Scenic Drive, Shippensburg, Franklin County, Pennsylvania. 3. The Defendant, Rena McNaughton, is an adult individual who resides at 48 Hair Road, Newville, Cumberland County, Pennsylvania. 4. On or about January 11, 2000, Dorothy B. Wright and Rena McNaughton were involved in an automobile accident on Penn Street, near the intersection with Neff Avenue, in Shippensburg, Cumberland, Pennsylvania. 5. Atthe time of the accident, Dorothy B. Wright was the owner and operator of a 1998 Cadillac Eldorado with Pennsylvania license number H15003. ~. '- ". ,'--, '-'" ,,'.; 7. At the same time, Rena McNaughton was operating a 1988 Toyota Celica with Pennsylvania license plate APM6356. 8. At the time of the accident, Plaintiff Dorothy B. Wright was lawfully operating her vehicle on Penn Street, and was in the process of making a left-hand turn onto Neff Avenue, when her vehicle was stuck on the driver's side by the front right bumper of the vehicle operated by Defendant Rena McNaughton. 9. The vehicle operated by Defendant Rena McNaughton had been traveling on Penn Street when it drove into the side ofthe Wright vehicle as the Wright vehicle made a left turn onto Neff Avenue. 10. As a direct and proximate result of the aforesaid collision, the Wright vehicle was damaged in the amount of$1,694.63. 11. As a direct and proximate result of the aforesaid collision, Plaintiff Dorothy B. Wright incurred costs for renting a replacement vehicle in the amount of$275.00. 15. The accident and the resulting damages sustained by the Plaintiff occurred as a direct and proximate result of the negligence and carelessness of Rena McNaughton in that she: (a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles on the roadway; (d) (e) (t) failed to apply her brakes to avoid striking the side of the Wright vehicle; operated her vehicle at a speed too great for the circumstances; failed to properly operate her vehicle in the correct lane of travel; and ~ ' ~"--.~'>", " '.1, ,,~,~. (g) drove her vehicle in such a manner as to cause it to collide with the side ofthe Wright vehicle. 16. The negligence and carelessness of Defendant Rena McNaughton, as aforesaid, was a substantial factor in the happening of the accident. WHEREFORE, the Plaintiff demands judgment against the Defendant in an amount of $1,969.63, plus interest and costs, which is an amount requiring submission to compulsory arbitration. GOLDBERG, KATZMAN & SHIPMAN, P.c. By: ~ Q. !~~ EVANJ. lCLTINE, lIT, ESQUIRE Attorney LD. #70283 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff Date: / bill {IO 52812,1 . ~' -' ,- , ^.~"r-" '''-"..'. '<__0 -^- ,-, ----<~= --,~ ',:.,.. ,I,',' VERIFICATION I, Dorothy B. Wright, hereby acknowledge that I am a Plaintiff in this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: I tJ- d& -;< t't?O , ~ 'W'~~~' ,. '^' . '~=~__"~_'..' ',t", ~: ;"O,~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel ofrecord by depositing the same in the United States Mail, first class, Ci r.h postage prepaid, at Harrisburg, Pennsylvania, on the , dayof ue-bj.-/ ,2000, addressed as follows: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. By <-~. l~~/1JJ? Evan J. Kline, , Esqurre ID. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff 52962.1 DOROTHY B. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. 00-5819 v. : CIVIL ACTION - LAW RENA McNAUGHTON, Defendant 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 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 HA VB 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 Ave. Carlisle, PA 17013 1-800-990-9180 ,_. ~ 'h.'~w" . C "w,'" . i~__ DOROTHY B. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. 00-5819 v. : CIVIL ACTION - LAW RENA McNAUGHTON, Defendant DEFENDANT'S ANSWER AND COUNTERCLAIM AND NOW, here comes the Defendant, by and through her counsel, THE LAW OFFICES OF PAUL BRADFORD ORR, Osmer S. Deming, Esquire answering Plaintiffs Complaint as follows: 1. Admitted. 2. There is no paragraph 2 in Plaintiff's Complaint. 3. Admitted. 4. Admitted. By way of further answer, this accident occurred around midday. 5. Admitted. 6. There is no paragraph 6 in Plaintiff's Complaint. 7. Admitted. 8. Admitted in part. Denied in part. It is denied that at the time of the accident that the Plaintiff was operating her vehicle in a lawful manner. It is admitted that the Plaintiff was trying to make a left-hand turn. It is also denied that Defendant struck Plaintiff's car. On the contrary, Plaintiff's car struck Defendant's car. By way of further answer, Plaintiff was attempting to make a left hand turn from the parking lane on Penn Street when her car struck Defendant's. 9. Denied in part. It is denied that Defendant Rena McNaughton's car struck Plaintiff s car. On the contrary, Plaintiff s car struck Defendant's car. 10. Denied. After reasonable investigation and inquiry, Defendant is without ~" , . ";<',<',' "no , " knowledge sufficient to form a belief as to the veracity of the amount of damage of Plaintiff' s vehicle. Therefore, such averment is denied. 11. Denied. After reasonable investigation and inquiry, Defendant is without knowledge sufficient to form a belief as to the veracity of the incurred cost of renting a replacement. Therefore, such averment is denied. 12. There is no paragraph 12 in PlaintifPs Complaint. 13. There is no paragraph 13 in Plaintiff's Complaint. 14. There is no paragraph 14 in PlaintifP s Complaint. 15. Denied. It is denied that the accident and resulting damages sustained by the Plaintiff were either a direct or a proximate result of the negligence and carelessness of the Defendant. It is further denied that the Defendant: (a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; ( c) failed to observe the presence of other vehicles on the roadway; (d) operated her vehicle at a speed too great for the circumstances ( e) failed to properly operate her vehicle in the correct lane of travel; and (t) drove her vehicle in such a manner as to cause it to collide with the side of the Wright vehicle. 16. Denied. It is denied that the Defendant was either negligent or careless. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed. COUNTERCLAIM 17. The foregoing paragraphs are hereby incorporated as if set forth fully herein. , .~" '_01 18. On January 11, 2000, Defendant was driving behind Plaintiff's vehicle on Penn Street. 19. Plaintiff's vehicle pulled into the parking lane on Penn Street as if to park. 20. Seeing that Plaintiff's vehicle was in the parking lane, Defendant proceeded to drive past Plaintiff's vehicle. When Defendant was driving past Plaintiff, the Plaintiff, without any warning, turned her steering wheel and then proceeded to make a left turn onto Neff Avenue. Defendant's car then collided with Plaintiff's. 21. At no time did Plaintiff execute her turn signal as required by law. 22. Moments before this collision, Plaintiff's pet dog was sitting on her lap while Plaintiff was driving. 23. At the time of the accident, Defendant had a passenger, Denise Ettinger age 28 of Newville, Pennsylvania, who is a witness to the events on said day. 24. At the time of the accident, Defendant was operating her vehicle in a lawful manner. 25. As a direct and proximate cause of this collision, Defendant's car was damaged in the amount of $1 072. 95 (See estimate attached as "Defendant's Exhibit A") 26. The accident and the resulting damages sustained by Defendant occurred as a direct and proximate cause of the negligence of Plaintiff in that she: ( a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles (specifically Defendant's vehicle) on the roadway; (d) operated her vehicle at a speed too great for the circumstances ,-, ~,-,,,,'~ "~,,,';". ",.' '." ' , , , ( e) failed to properly operate her vehicle in the correct lane of travel; and (t) drove her vehicle in such a manner as to cause it to collide with Defendant's vehicle. 27. Plaintiff had a duty to operate her vehicle in a reasonable and lawful manner. On January 11, 2000, Plaintiff breached this duty causing the aforementioned damage to Defendant's vehicle. WHEREFORE, the Defendant demands judgment against the Plaintiff in an amount of $1072.95 plus interests and costs, which is an amount requiring submission to compulsory arbitration. Respectfully Submitted, THE LAW OFFICES OF PAUL ORR /oftsjoo DATE ~~,~ . Osmer S. Deming, Esquire Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court LD. # 85546 ^~,:"" c~". '"'' "."; " n,<~' '"". . l': '. VERIFICATION I verify that the statements made in the foregoing Answer, New Matter, and Counterclaim are trne and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsifications to authorities. :?~ /1I~~JbY; Rena McNaughton Dated: It) - ;JS-- 00 - , .' '~, 06/07/2000 at 11:56 AM 18235 Job Number: SUBWAY AUTO BODY Federal 10 #:251854056 Carlisle's Collision Repair Center 1231 Ritner Highway Carlisle, PA 17013-9381 (717)243-9978 Fax: (717)243-7370 PRELIMINARY ESTIMATE Written by: Jeff Nailor # Adjuster: Insured: Rena McNaughton Owner: Rena McNaughton Address: 48 Hair Road Newville, PA Day: Evening: Inspect Location: Insurance Company: Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair 1988 TOYO CELICA GT 4-2.0L-FI 3D Lt Blue Int: VIN: JT2ST67L9J7183855 Lie: Prod Date: Rear Defogger Til t Wheel Tinted Glass Body Side Moldings power Steering Power Brakes power Mirrors Cloth Seats Recline/Lounge Seats Styled Steel Wheels Odometer: Intermittent Wipers Dual Mirrors Power Antenna Bucket Seats NO. ------------------------------------------------------------------------------- PAINT OP. DESCRIPTION QTY EXT. PRICE LABOR ------------------------------------------------------------------------------- DEFENDANT'S EXHIBIT A N 1 2 3 4 5 6 7 8 9* 10# 11# FRONT BUMPER O/H front bumper Rep1 Cover GRILLE Rep1 Grille FRONT LAMPS Repl RT Signal lamp assy FENDER 2.5 Incl. 1 229.81 1.5 127.50 1 0.4 96.51 1 0.4 Rpr Refn Rep1 RT Fender Color Blend Stripe Tape/Wide 0.3 4.0 2.0 1.5 1 45.00 Subtotals ~~> 498.82 7.6 5.0 1 ~~,~.' J, "Me, , . 06/07/2000 at 11:56 AM 18235 Job Number: PRELIMINARY ESTIMATE 1988 TOYO CELICA GT 4-2.0L-FI 3D Lt Blue Int: Line 7 Lamp by headlamp Parts 498.82 Body Labor 7.6 hrs @ $ 34.00/hr 258.40 Paint Labor 5.0 hrs @ $ 34.00/hr 170.00 Paint Supplies 5.0 hrs @ $ 17.00/hr 85.00 ---------------------------------------------------- SUBTOTAL Sales Tax $ 1012.22 $ 1012.22 @ 6.0000% 60.73 ---------------------------------------------------- GRAND TOTAL $ 1072.95 ADJUSTMENTS: Deductible 0.00 ------------------------------------~--------------- CUSTOMER PAY INSURANCE PAY $ 0.00 $ 1072.95 2 "", ^ ~ CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Answer and Counterclaim was delivered to the following via first-class mail: Evan J. Kline, III, Esquire Goldberg, Katzman, and Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By: .. J..,.,-" "', '~I~~~"f<,<,.-,r.&<)..,.i<l<lti.""~ '~~.,MfolM .400~~ '''''-aM - o~.,~ ~_, _~, ~_ " ",~~~(';,' "''-,-,0,', ''',<' ,"., ,",,"'C'''''' ",'~~ ~,'V.-_>:~', l;'h,"'~' _."..~-<"".,,<,,",",,", '",. ,,'~''',.. ~- u , i !I " I j ~ :1 :;; n !:;I I I', :~ 11 II II il I I I I 'I DC) ~~ -p~~ 'l"D ~ <?X C- '~. ~ \) '>' ~3~ o ~~ "'-"_,d ",__, c "~ _,<>_.~~_._ " " <;'c,,~' '.,- " .< ,,~-~ . I" :::;', DOROTHY B. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. 00-5819 v. : CIVIL ACTION - LAW RENA McNAUGHTON, Defendant g g ~ ;;: 0 ::;1 "'ON ("") .l,-n NOTICE 92':TI ..... \=~F, zr- N '''oy YOU HAVE BEEN SUED IN COURT. If you wish to defend against th=U;~ ~ ~g forth in the following pages, you must take action within twenty (20) days after this plailit Q (-) om and Notice are served, by entering a written appearance personally or by attorney arliF in =;;! writing with the Court your defenses or objections to the claims set forth against you. jou m: ~ 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 Ave. Carlisle, PA 17013 1-800-990-9180 . .,"". " ""'., ^'. ~, i, ";"1lIY:! DOROTHY B. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. 00-5819 v. : CIVIL ACTION - LAW RENA McNAUGHTON, Defendant DEFENDANT'S ANSWER AND COUNTERCLAIM AND NOW, here comes the Defendant, by and through her counsel, THE LAW OFFICES OF PAUL BRADFORD ORR, Osmer S. Deming, Esquire answering Plaintiff's Complaint as follows: 1. Admitted. 2. There is no paragraph 2 in Plaintiff's Complaint. 3. Admitted. 4. Admitted. By way of further answer, this accident occurred around midday. 5. i\dmitted. 6. There is no paragraph 6 in Plaintiff's Complaint. 7. i\dmitted. 8. Admitted in part. Denied in part. It is denied that at the time of the accident that the Plaintiff was operating her vehicle in a lawful manner. It is admitted that the Plaintiff was trying to make a left-hand turn. It is also denied that Defendant struck Plaintiff's car. On the contrary, Plaintiff's car struck Defendant's car. By way of further answer, Plaintiff was attempting to make a left hand turn from the parking lane on Penn Street when her car struck Defendant's. 9. Denied in part. It is denied that Defendant Rena McNaughton's car struck Plaintiff's car. On the contrary, Plaintiff's car struck Defendant's car. 10. Denied. After reasonable investigation and inquiry, Defendant is without . ~ ~ o ~ '-"bw!l.':_'i knowledge sufficient to form a belief as to the veracity of the amount of damage of Plaintiff's vehicle. Therefore, such averment is denied. 11. Denied. After reasonable investigation and inquiry, Defendant is without knowledge sufficient to form a belief as to the veracity of the incurred cost of renting a replacement. Therefore, such averment is denied. 12. There is no paragraph 12 in Plaintiffs Complaint. 13. There is no paragraph 13 in Plaintiff s Complaint. 14. There is no paragraph 14 in Plaintiff's Complaint. 15. Denied. It is denied that the accident and resulting damages sustained by the Plaintiff were either a direct or a proximate result of the negligence and carelessness of the Defendant. It is further denied that the Defendant: ( a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles on the roadway; (d) operated her vehicle at a speed too great for the circumstances (e) failed to properly operate her vehicle in the correct lane of travel; and (f) drove her vehicle in such a manner as to cause it to collide with the side of the Wright vehicle. 16. Denied. It is denied that the Defendant was either negligent or careless. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed. COUNTERCLAIM 17. The foregoing paragraphs are hereby incorporated as if set forth fully herein. 18. On January 11, 2000, Defendant was driving behind Plaintiff's vehicle on Penn Street. 19. Plaintiff's vehicle pulled into the parking lane on Penn Street as if to park. 20. Seeing that Plaintiff's vehicle was in the parking lane, Defendant proceeded to drive past Plaintiff's vehicle. When Defendant was driving past Plaintiff, the Plaintiff, without any warning, turned her steering wheel and then proceeded to make a left turn onto Neff Avenue. Defendant's car then collided with Plaintiff's. 21. At no time did Plaintiff execute her turn signal as required by law. 22. Moments before this collision, Plaintiff's pet dog was sitting on her lap while Plaintiff was driving. 23. At the time of the accident, Defendant had a passenger, Denise Ettinger age 28 of Newville, Pennsylvania, who is a witness to the events on said day. 24. At the time of the accident, Defendant was operating her vehicle in a lawful manoer. 25. As a direct and proximate cause of this collision, Defendant's car was damaged in the amount of$1072.95 (See estimate attached as "Defendant's Exhibit A") 26. The accident and the resulting damages sustained by Defendant occurred as a direct and proximate cause of the negligence of Plaintiff in that she: ( a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles (specifically Defendant's vehicle) on the roadway; (d) operated her vehicle at a speed too great for the circumstances -, [ ,~ --~- ~ ~ ,,'.' '~~~..., ( e) failed to properly operate her vehicle in the correct lane of travel; and (f) drove her vehicle in such a manner as to cause it to collide with Defendant's vehicle. 27. Plaintiff had a duty to operate her vehicle in a reasonable and lawful manner. On January 11, 2000, Plaintiff breached this duty causing the aforementioned damage to Defendant's vehicle. WHEREFORE, the Defendant demands judgment against the Plaintiff in an amount of $1072.95 plus interests and costs, which is an amount requiring submission to compulsory arbitration. Respectfully Submitted, THE LAW OFFICES OF PAUL ORR jOpsjoo DATE ~~,~ . Osmer S. Deming, Esquire Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court LD. # 85546 " , _ J " ,'" VERIFICA nON I verilY that the statements made in the foregoing Answer, New Matter, and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsifications to authorities. :?~ /NJ.~ Rena McNaughton Dated: /~... ;JS- - ()O + '-~~.~~."~ . ~ '~c-; 06/07/2000 at 11:56 AM 18235 Job Number: SUBWAY AUTO BODY Federal 10 #:251854056 Carlisle's Collision Repair Center 1231 Ritner Highway Carlisle, PA 17013-9381 (717)243-9978 Fax: (717)243-7370 PRELIMINARY ESTIMATE Written by: Jeff Nailor # Adjuster: Insured: Rena McNaughton Owner: Rena McNaughton Address: 48 Hair Road Newville, PA Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Day: Evening: Inspect Location: Insurance Company: Days to Repair 1988 TOYO CELICA GT 4-2.0L-FI 3D Lt Blue Int: VIN: JT2ST67L9J7183855 Lie: Prod Date: Rear Defogger Til t Wheel Tinted Glass Body Side Moldings Power Steering Power Brakes Power Mirrors Cloth Seats Recline/Lounge Seats Styled Steel Wheels Odometer: Intermittent Wipers Dual Mirrors Power Antenna Bucket Seats NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 FRONT BUMPER 2 O/H front bumper 3 Repl Cover 4 GRILLE 5 Repl Grille 6 FRONT LAMPS N 7 Repl RT Signal lamp assy 8 FENDER 9* Rpr RT Fender 10# Refn Color Blend 11# Repl Stripe Tape/Wide 1 229.81 2.5 Incl. 1.5 1 127.50 0.4 1 96.51 0.4 4.0 2.0 1.5 1 45.00 0.3 ---------------------------------------------------------- --------------------- .,_. --,- ---.-- --, , DEFENDANT'S EXHIBIT A Subtotals ~~> 498.82 7.6 5.0 1 - ,-.,"";' ., 06/07/2000 at 11:56 AM 18235 Job Number: PRELIMINARY ESTIMATE 1988 TOYO CELICA GT 4-2.0L-FI 3D Lt Blue Int: Line 7 Lamp by head1amp Parts Body Labor Paint Labor Paint Supplies 7.6 hrs @ $ 34.00/hr 5.0 hrs @ $ 34.00/hr 5.0 hrs @ $ 17.00/hr 498.82 258.40 170.00 85.00 SUBTOTAL Sales Tax $ 1012.22 $ 1012.22 @ 6.0000% 60.73 GRAND TOTAL $ 1072.95 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY INSURANCE PAY $ 0.00 $ 1072.95 2 ,-- , " ~ '- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer and Counterclaim was delivered to the following via first-class mail: Evan J. Kline, ill, Esquire Goldberg, Katzman, and Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By: <" , il/lIiiiII ' I '. ~; , , I i 1 I I I 1 I 1 ,I DOROTHY B. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-5819 Ii " Ii RENA McNAUGHTON, Defendant CIVIL ACTION-LAW I: NOTICE SCHEDULING ARBITRATION HEARING II Ii The above-captioned case is scheduled for Monday, January 7, 2002 at 9:30 a,m. in the II I' .. 2nd floor hearing room of the old courthouse, Carlisle, Pennsylvania, as the time and place for ,I the hearing, at which time and place you are required to appear and present such testimony as you '[ II may have in this case. I ii II 'I I, I ,I I I 1 'I II II II II 'I II Ii " i II d Ii i! Ii I' I I' II II 'I II ,I II I' II I Ii " Ii :1 il Any person for whom this date and time is not satisfactory, with the approval of the Chainnan, will be expected within ten (10) days to arrange a new date and time suitable for all, schedule the hearing room and send new notices. bhdC d. DATE: December 4,2001 David A. Baric, Chainnan John Ninosky, Esquire Goldberg, Katzman & Shipman 320 East Market Street Harrisburg, Pennsylvania 17108 Paul B. Orr, Esquire Law Office of Paul Orr 50 East High Street Carlisle, Pennsylvania 17013 Stephen Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, Pennsylvania 17011 Brian Puhala, Esquire Fred Hait & Assoicates 17 East High Street, Suite 101 Carlisle, Pennsylvania 17013 Bulletin Board Prothonotary's Office Cumberland County Courthouse Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 , ." " - .' ~'"' c'J,-,' _ "_i_ ",,," .~,~, .', ,",'"-' '."'__ ,~.- ,~" ""'~ ".,', "- ",_ ,,',-.., 'J~' __ '__~c,_"""~.;"."_>',_i'._'",,--;" ~ ~'C I-. ' .. ~ - Evan J. Kline, III LD. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 00-5819 v. CIVIL ACTION - LAW RENA McNAUGHTON, Defendant NOTICE TO PLEAD To: Defendant and her counsel, Paul Bradford Orr, Esquire 50 East High Street Carlisle, P A 17013 You are hereby notified to plead to the within New Matter to the Counterclaim within twenty (20) days of receipt hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. By E':-.e, ~~ gz LD. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff Dated: II II ~(OU c, ^," < "" ,-.' '"-- .~" __~,_' .,'''~-'h~I'.'''''' '" ."""",.' ,;.:- . Evan J. Kline, III LD. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A No. 00-5819 v. CIVIL ACTION - LAW RENA McNAUGHTON, Defendant ANSWER AND NEW MATTER TO COUNTERCLAIM AND NOW, comes the Plaintiff, Dorothy B. Wright, by her attorneys, Goldberg, Katzman & Shipman, P.C., and in response to the Counterclaim of the Defendant answers as follows: 17. The Plaintiff incorporates paragraphs 1-16 of her Complaint as if set forth fully herein. 18. Admitted. 19. Denied. The Plaintiff denies that she pulled her vehicle into the parking lane on Penn Street as ifto park. To the contrary, at all relevant times prior to this accident she was in the travel portion of Penn Street, waiting to make a left-hand turn onto Neff Avenue. 20. Denied. It is denied that the Plaintiff's vehicle was in the parking lane. By way of further answer, see the answer to paragraph 19. As the Plaintiff attempted to make a left hand turn onto Neff Avenue, the Defendant drove into the side of the Plaintiff's vehicle. c, _~-(~. U""",~~" ,;,,',," ,'~__"',<> .',.;"__ __,_." ,,;;,,~ .,I__~ ""C" 21. Denied. The Plaintiff did execute her turn signal as required by law. 22. Denied. The Plaintiff s dog was not sitting on her lap while she was driving moments before this collision. 23. Denied. After reasonable investigation, the Plaintiff is without knowledge sufficient to form a belief as to the veracity of the averments of this paragraph, and the same are therefore denied. 24. Denied. The averments of this paragraph are conclusions oflaw to which no response is required, and the same are therefore denied. To the extent that an answer is required, the Plaintiff denies that the Defendant was operating her vehicle in a lawful manner. To the contrary, the Defendant was not operating her vehicle in a lawful manner, as set forth in the Plaintiff s Complaint. 25. Denied. After reasonable investigation the Defendants are presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 26. Denied. The averments of this paragraph are legal conclusions to which no response is required and the same are therefore denied. To the extent that an answer is required, the Plaintiff denies that she: (a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles (specifically Defendant's vehicle) on the roadway; (d) operated her vehicle at a speed too great for the circumstances; (e) failed to properly operate her vehicle in the correct lane of travel; and ~ ~ ~ ,', ." ~",'~ "'.,, ,. ~. " '~"', (f) drover her vehicle in such a manner as to cause it to collide with Defendant's vehicle. 27. Denied. The averments of this paragraph are conclusions oflawto which no response is required, and the same are therefore denied. To the extent that an answer is required, the Plaintiff denies that she breached any duty or caused any damage to the Plaintiff s vehicle. To the contrary, she acted properly at all times and caused no damage to the Defendant's vehicle. WHEREFORE, the Plaintiff requests that Defendant's Counterclaim be dismissed. PLAINTIFF'S NEW MATTER TO COUNTERCLAIM 28. The Plaintiff incorporates paragraphs 1-27 of her Complaint as if set forth fully herein. 29. Defendant's Counterclaim is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 30. Defendant's Counterclaim is barred, in whole or in part, by the selection of the limited tort option and applicable policies of insurance. 31. Defendant has failed to mitigate her damages. 32. Defendant's action is barred, in whole or in part, by the provisions of the Pennsylvania Comparative Negligence Law. 33. The Defendant may have failed to state a cause of action upon which relief can be granted. 34. Plaintiff was not negligent. 3 ~ "' ',' , <, -- ~, ,. < ~-- " --. d,"--"""'~ -'c--.",'", . .", . ",',' 3 5. Any acts or omission of Plaintiff alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Defendant. 36. The Defendant may have assumed the risk. 37. The incident, injuries and/or damages alleged to have been sustained by the Defendant were not proximately caused by the Plaintiff. WHEREFORE, the Plaintiff requests that Defendant's Counterclaim be dismissed. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: L g ii6(i2 Evan J. Kline, II, EsqUIre Attorney LD. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: 1/ I 11./ {)U 54704.1 4 '-,'., --~ "-" -"-,,-," ~- .", '. ,',' < ~~,~ ", -,,,. ~,' .'- ." ~, ,,<<",,''__,,""01J'<''-''_k',,>.'" " ",,;[, ';'~"'! VERIFICATION I, Dorothy B. Wright, hereby acknowledge that I am a Plaintiff in this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pad c.s. Section 4904, relating to unsworn falsification to authorities. Date JI-/s=-do 4 .'''' ~,,'O' ,. ,,-. " .~~, . ..~" V_"m'~ --", '" ,,;, ~","'~-""",n""b,''''~\-';""", .' ~ ",1'",,- -, , . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the It/If- day of l1/o~, 2000, addressed as follows: Paul Bradford Orr, Esquire 50 East High Street Carlisle, P A 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. By <- G2 !{~J? Evan J. Kline, III, Esquire LD. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 52962,1 - ~ ~ - ~"" - "'":..:,,, co",MOIiiWEALTH O,..lNNSYLVANIA , OURY OF COMMON PLEAS NOTICE OF APPEAL ~;y;. tJ() r" FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Oc1, lS(f1 q tlof f) NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Cornman Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case men60ned below. RENA Me ADDRESS OF APPELLANT ary ZP CODe NAME Of APPELlANT 48 HAIR ROAD DATE Of JUDGMENT IN E CASE OF (Plaintiff) (Defendant) 07 27 00 ClAIM NO. DOR SIGNATURE y: U19 PAUL BRADF This block will be signed ONLY when this notation is required under Po. R.c.P J.P. No. If appellant was CLAIMANT (see Pa. R.GPJP. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS ta the judgment far possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. CV:llf 00,0,0107 00 Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. RCPJP No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon DOROTHY WRIGHT ] of awe//eels) (Common Pleas No. ()()- l ~ I q eu. H ) within twenty (20) days after s ~-::...o . , in this appeal RULE: To nl1RI1THY WRIGHT Name 01 awe//eels) , appellee(s). (1) You are no6fied that a rule is hereby entered upon you ta file a camplaint in ,his appeal within twenty (20) days afler the dale of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within 'his time, a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. ...rh;~:-:~'-"'-~~""_."{ki&rJ ~Jfkc~ AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY ,,',~, ;~<"t'''',~1'$:;VJ;f.'->!j<,'q[?~{;t~~*~~_J, '~I!I jlllliiillj;,~'~ijI..J!:, :~'~iW-f~,*,j;~',~~,,, #)f#,!@-r,f lz:t ,,~.1:Iiil<$~;~~ ~.:, -:: llln"':l7, E;,ij .,. ~. \. "' ~. ,'-':;' "~=<<=__~"''''''R.~"~,~~_______ OF NOTICE APPEAL AND RULE TO FILE COMPLAINT (This crf service MUST 81: FILED WiTHIN TEN (lOj DA YS AFTER filing the noliee 01 appeal. Check applicable boxesj COMMOI'lWEAi~TH OF PENN!lYLltJll\liA COUNTY ClF_",_.._~_.~__~, ,_~~.~..___.. : os swear e-fflrrn that served a copy 01 the Notice Of Appeal, Common Pleas No, ________ , upon the District Justice designated therein on of servieej __..~ _______ , by personal service by (certified) (registered) mail, sender's attached heretn, ami u,on the appellee, (namej , on __.~,____.. ,19___ service 0 (certified) (registered) mail, sender's receipt attached hereto. o and further that I serve~ the Rule to Filea CDmplalnta,ccompanylng the above Notice of Appeal upon the appeilee(s) 10 whom t~e Ruie was addressed or,"."_,,,___,_",__,_._.__, 1G_~ by personal service 0 by (certified) (registered) mail, sunder's atr.acnf,;d bemto. SWORN AND SUBSCR~i3ED 8EFORE ME THIS ._,_.~ DAY OF ,'19_~ Signature of affiant SignBiurfl of officiei befors whom affi:)rfd morn {We of official My commi,~&iof1 8xpims on _,_ ~__'__ , '9-,_._. = o <lJ V D' -- -- ...c \.N (0 J -C ~ Q) er, () 0 c: c::> s:. -0 (r7 ~r:g zc ~Z <:< CJ ~ ~() '>~~ . 9. ^ :f t'"' :<....0 ~ en N .1'" o .on .-j f~~ ;.-;-J I ~O .-r:'~' 06 01;1 -'1 .?Q '< :KJ (J ". .~ :r:= _ t\:: '" "'>,',0" , ,^ ,~" ~,,~ ,~ , ., ~- '';'''''''"''''''''''It'~'1'' ri",l 0"],,.. ":..,,,, . ' ~ /;;;:U,~J':;:':!::~}'iW4:'~l~~A:#.~i~:';~j(I:':;~",("::t ,_,~~ ,l,~ ", ,; " ....>..,.;~. ~ 'i;'~ '-' ' " ....,.. .,....~,.,,',. ,..CCOS?MMr6 ' NWI:,.' At1fjrl OF PENNSYLVANIA '~-~NTY OF: CUMBERLAND . Mag. Disl. No.: 09-3-01 '. NOTICE OF JUDGMENTITRA'NSCRIPT . CIVIL CASE PLAINTIFF: NAME and ADDRESS 'wRIGHT, DbROTHY ,f'-"<~' Po. Bo.X 2013 MECHANICSBURG, PA 17055 L -, " DJName: Hon. HARo.LD E. 41ENDER Add"" 81 wiLNuT BoTTo.M P.o.. Bo.X 361 SHIPPENSBURG, PA T,',ph'""i717) 532-7676 Ro.AD .J 17257-0361 DEFENDANT: 'MCNAUGHTON, RENA 48 HAIR RD NEWVILLE, PA 17241 L VS. NAME and ADDRESS -, ATTo.RNEY DEli' PRIVATE : PAUL o.RR 50 EAST HIGH CARLISLE, 'PA .J ST. 17013 Docket No.: CV- 0000107 - 00 Date Filed: 5/04/00 1\~'\\(iO <" w ',j ,.THIS ISTQ NOTlFYVQUTHAT: Judgment: ", ~ Judgment was entered for: (Name) ~JUdgment was entered against: (Name) FoR:pr,AINTIFF ' . ~".,' WRTrUr'l' nmUl'l'RY " MCllTATT~R'I'ON, RRl\TA in the amount of $ 2,0':;1 <l"l on: (Date of Judgment) 7/27/00 . . D Defendants are jointly andseveraily iiable. D Damages will be assessed on: (Date & Time) ,,,,..,.'" D Amount of Judgment Subject to AttachmenV Act 5 of 1996$ . $ 1.969.63 Am9unt of Judgment Judgment Costs $ 92.30 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,061.93 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This, case dismissed without prejudice. D d Levy is stayed for days or D generaily stayed. Objec:tion to levy has been filed and hearing will be held: ,,--'~ '__:',co,..+;, " .,.--,",,' " "",,~~ ~;-- --,,_.,-,', , ~'-- ,. " ~. ., .. __'u..__ " " , , ... ., , .",- Date: , -:- ! Piace: . , , , Time: -:- ( . ANY PARTY HAS THE RIGHT TO. APPEAL WITHIN 30 DAYS AFTER THE ENTRY o.FJUDGMENT BY FILING A No.TICE o.F APpEAL WITH THE PRo.THo.No.TARY/CLERK o.FTHE Co.URT o.F Co.MMo.N PLEAS, CIVIL DlVISlo.N. YO.U MUST INCLUDE A C()Pyo.FTHIS No.TICE o.F JUDGMENT/TRANSCRIPT Fo.RM WITH YQI:JR.,NPTICE o.F APPEAL. "?1:J7-t6oati'$'i!:21, ,H';Q " ~ ,"", ";QistribtJustice ~" -;..-'~ " , I certify that this is.a true' and correct copyof the record of the proceedi1s c'W~lai;'ing the jUd9fen~ Date \'" ' , Dist~ct J~stice ,r,,' \ ,,' i My commission expires first Monday of January, AOPC 315.99 2006 ~ t ' ";',.' ,,'0-,,'" ~';:~;'>:';:'i{. ,:,~~f:,T~~~ ~' ~J~,"" ""- , :"~.~:,,,dq~j~":' F:rw:~:5,__~.p:~;,'P,~{ ";:::I'~:~":~~j~~:~!!.,,II.~Jt~~~,~~~~,kif~f.i,':':t~J::}h<:,~,,>,i:f,J) ,.i .fLJr, 1;l~ 1),~lrr:~ W,-,: J, ;: " ,AV, )"~~[i:;_ Ii ;,~~,JII nJ ;lM~,,:-L~j!\,"', ~6MMONWEALTHOF PENN5YLVANIA ., ' ,'M01(C( Of' AiPPE'AL ~ d'S' . O() . COURT OF COMMON PLEA5 '\ fROM '~; ., " .. JUDICIAL DI5TRICT I I I I I I I I DISTRICT JUSTICE JUDGMENT COMMONPLEA5N.. OO'58,Q U~r-cf) NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court afComman Pleas on appeal from the judgment rendered by the District Justice an the do1e and in the cose mentioned below. NAME OF APPELLANT BEIU- MCNAUGHTON ADDRESS OF APPELLANT aTY I MI>G DlSl NO OR NAME OF 0.1 09,,kOl DJ BENDn ZIP CODE 48 :::R ROAD ""'" OFJUlGMENT I'N THE CASE OF (Plro"''') 07/ on DOROTHY ClAIM NO NR, WVTI.T': WRIGHT SIGNATURE ~~:IIC~:;)" 17'1. J'(" CV II: 0000 HI7 gO X IT 19 PA This block will be ~gned ONLY when this notation is required under Pa. R.c.PJ.P. Na. 10088- This Notic'e of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cose Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before Distrie6.Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. I~ " PRAECIPE TO ENTER RULE TO FILE COMPLAINT ANI) RULE TO FILE (This section of fotm to be used ONLY when appellant was DEFENDANT (see Pa. R.CPJP No. 1001(7) in action before DistIict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: Ta Prothot1otory Enter rule upon DOROTHY WRIGHT Name of appellee(s) (Comman Pleas No. ()()'- .5'8 I q C z.::(.Q ) within twenty (20) days ofter s RULE: To :fIOROTHY WRIGHT Name of appe/~e(s) , appellee(s). (1) You are notifie,:J.that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date 01 service 01 this rule upan yc>u by personal service or by certified or registered mail. (2) ~ you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. ...0;;;:::;;;' ~...-.....,..... m ?kWtJ &JibnJ#;_- AOPC 312-90 COURT FILE ,...,~,,,,-;,.,,,." "',.'J',."".'.' ",",,',c,, '''~ _.,', -f1:l~il::+";:,;iH-;ioj"'W#i'l"'~"':'!'P',j~",,:,,c' '~k~';':<!'*'~>"'\~'i"i"",""~f0".',i .."",,,,,,;,_,,,,,~,,jtl-";r',,,-,.,,,,,,~,~,,,;,,:-<,,-;,,, =-'i"1",,~~Ii1,!(.l 'T~ ll!wf1. ~>J"',-ri>'-''''~'-''',':'' '~"""P_"""'~","","\"',<-'-i"jI"".~...*~"'il~,'-'" '" ,~~""".'c ~-f; - M"""'",_~-.,_=-=-""""",~_"~~~~~__""""=",,,,=,,=~__,,,,,_,,-"_,,,, _ OF APF'EAl AND RULE TO FILE COMPLAINT (This 01 sam08 MUST BE FILED WITHIN TEN (10) VA YS AFTER t'iling the notice ot' appeal, Check applicable boxes) C(lMM(l,~WEAL TH (IF !'EfNNSYl.If,U>l'A COUNTY Of d~ IA IW\ be "'l~.,-,i_d~_~'~~'~ '"' SV!i~ar or affim~, that 0(. copy oithe Notice 01 2:P081, Common PI82S NO,O 0: ~ r? ~, upon the District Justice designated therein on uf 16t,ice) ~'l::::b!:i.:: 0 I?_,_~.__ , by personal service l'81Jy (cerlifiedl (registered) mail, sender's rece, altached ,reto, and o,.on the (l1ame) J).H th;;. hJ~/'11A I:- , on ~ =., Z'" ." ~~~ 0 personal service \Kby (certified) (registered) mall, sender's receipt attached hereto, W;;nd furtl 01 that s01ved tile l,ule"W Fllea o/';1PIBlntacCOITlPany,ng the above Notice of Appeal upon the appellee(s) to whom the liule ""< "lld'osse" on --1:{:::. z.. _ ~ c ()J2~, 1a [] by personal servl l!!l:p"y (certified) (registered) ITIEol sur d.sr $ 6\tecned ner020 ~ SWOliN c ,;ND SUBSeR [3E') ojf'FOC1E ME 1/1. S '3 ,~':=~U ~~Od CAY o",;/tJ2.J.J~LL. %.kk1Q() ~ ,. . ~~~~;( c:tIn~_,~_~~.,.,_ Si0nUWB of OdiJ.:i0! bcfOiA J!holT! aWdrNir 1;1.~ ~~9fo-^-d:.,f u-b &.2.L~, of ,)fJ',;')[<;;J f () 0 C" C C> .,j -uS: -rr (I) m<::G r." _ 1fT! G.:J::'I <:l , ZC r - ~;E Ui - -, , r' g. ~.,J .!::.c. :B ,~:) :d ZO .,-, 5>0 6 7C) r- (~5 f"n Z . , :;;t :< ~~ :0 -<; Ll.r. < '7 !-Ay commbsion 8XI:<iI'C'S 0') ~~~--".!-~-,)it. ;2..J03 Notarial Seal cH~lather L. Smith, Notary Public a sle ~oro, Cumberland County . My Commission El<pires Apr. 7, 2003 M~er, Pennsylvania Association at No aries <.' "",'" () 0 0 c: c:> -" s: l> .,"', -ol;;[) c:: T on,,; G) ni?J Z"~" -",,' '" ~gt9 zc ~~~ -~ ()(L, !;:'G = ~;1-r-i ~O ~ a:D - '70 0 l? >c: (5rn ~ r- :;;! <=> ~ - --... - <~"~ "''____~T - , ~ ',""'; " "' L~- .. , Ii ddii1~rll.~.. ';~li/' ,6e6mpi~le ".. item 4 if,Restticteo Delivery is desired. . Print your nam'e', and address on the reverse so that we can refurn the card to you. · Attach this carcfto'the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~oRDTf-/Y W~:rGH.T 'PO 'Bo X liJ / 3 H[CJ.l~ NI(!.s8uRG-1 ffI (1055 3. Service Type )!Certifl8d Mail o Registered o Insured Mail o Express Mall o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article ,N, u, rn..,,?er \COPY, ,fro, m,,', s. er:'i~e,lab~J) 7. ,0,1 3: 3 ~ i 1 i,; !li';! ~l 1111 t Ii ~rl~~!d PS FormsB1 1 "J"I\11i!Bllil ' Domestic Return Receipt jiiJ ;i ,... 10?595-99-M-1789 1. Article Addressed to: U/IlROLO [. '&NDE/Z 1/.r:ST12'JC."'- .JUS! ICE 60 PD G6a-x 3!0 I ~ 61 W.H.lJo.:r .5H'1PP'sNs13u-RG /ffi l1J,51- () SIP / i~.. ",i,J,B.PJ."'IiIP.5W i i .1 \ ,d Hh L, , Demeslic Return Receipt '--~, ',' ,,., '..' .. ", ' ,_' , ,', ",' ~ ~ ^ ' " <__,,, ,:''','C,'' -:",r"" . Compl'ete ,items'1,' 2;' and 3: Also cOmplete , item 4 if Restricted Delivery is desired. " . Print your name and address on the reverse so that we can return the card to"you. . . Attach this card to the back at the mail piece, br on'the ,front if space permits. 2. Article N~mb~r (~O1?~ ~f'f!f1} .se,:"i~Jabe!). l 11 j iH:n iii' PS Form 3811 , July 1999 A'W2 ';Z.tl~~., ..., ~J/~ o Agsnt " D.Addressee DYes ONo D. Is delivery address different from item 1? If YES, enter delivelY address below: {)M ROAD 3. Service Type 'li Certified Mail D Express Mail /0 Registered D Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) DYes .J: 102595-99-M-1789 ~. " .J~. ....~J"........I..........~ ".~ ~~.,,;~~~~ ,~ " Z 013 34"1 bS3 ,,0 S Postage Certified Fee Special Delivery Fee Restricted DeDvery Fee '" m Return Receipt Showing to .... Whom & Date DeUvered '15. Retum Receipt~ to Whom, <COale,&Addressee'sAdd!ess o o TOTAL Postage & Fees $ ClO . ('I) Postmark or Date . f ~ RENA HC.\JAiJGI~1E"I0' ~ F7 Le -.. .> ~' .. --_...---~,- Z 013 349 654 us Postal S8fVice Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See ,"YOISe) Senttol)lsHola "JUS nat: - S1reet&Number.)-j P.e.~ ,"&N1JtE.. Post OIlice, fi(1;" & ~I~. ':1, ~ I Postage . $ Certified Fee Special Delivery Fee Restricted DeflV8fY Fee '" en Retum Receipt Showing to en ~ Whom & Date OeUvered 'r: Retum ReceirtSliowing to Whom. ~ DaIe,&Addressee'sAddress 0 TOTALP_&Fees $ 0 ClO .., PosImark or Date rvJC I\J A U G-N T6 J E R[ N A. ~ Ul FILE 0. , , , ......~ _, __l "jij "*' , (7/7) i14-tl- Jfll Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle. Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 FAX (717) 249-5755 E-mail obs@obslaw.com DATE: ~ p,q) ~rJOl TO: ~ (f/t1Juh.J) ~ Number of pages to follow this transmittal page: 4 FROM: RE: IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT LEGIDLE PLEASE TELEPHONE: (717) 249-6873 IMPORTANT- THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THElNDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED; AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT READING, DISSEMINATING, DISTRIBUTING OR COPYING THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED TillS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOu. ~_.,. ~ , . TRANSMISSION VERIFICATION REPORT ~~ '" ~~,."' TIME 11/29/2001 11:05 NAME OES LAW OFFICE FAX 7172495755 TEL 7172496873 I L DATE,TIME FAX NO./NAf~E DURATION PAGE(S) RESULT r~ODE 11/29 11: 03 2492411 00:02:25 05 OK STANDARD l November 2001 December 2001 David Baric J 2002 S M T W T F S 44 1 2 3 45 456 7 8 9 10 46 11 12 13 14 15 16 17 47 18 192021 22 23 24 48 25 26 27 28 29 30 anuarv; S M T W T F S 1 1 2 345 2 6 7 8 9 10 11 12 3 13 14 15 16 17 18 19 4 20 21 22 23 24 25 26 5 27 28 29 30 31 Sun Man Tue Wed Thu Fri Sat 1 16 3 4 SA PRE.MEDIATI ON SUBMISSIONS 9 Contact John Lucas (412) 456.2800 8 2 9 17 7P PACK MEETING 23 29 30 31 7A 1/7 IS LAST DAY TO SUBMIT FACTUAL DISCOVERY AND EXPERT REPORTS IN MANOR V. 4:20PM Thursday, November 08, 2001 _"?'~- ~~l "~. 1 2 3 4 5 8A Office closed holiday 6 7 8 9 10 11 12 7:30A FACTUAL DISCOVERY AND . EXPERT REPORTS FROM PLAINTIFF AND DEFENDANT DUE TODAY IN MANOR V. 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DISCOVERY ANNUAL DEADLINE IN 10 OSWALD MANOR V. CONSULTING SOUDERS/TRIN ANNUAL KLE 10 FLUID CASE/LEHIGH TECHNOLOGY COUNTY /JEN REPS, INC. SCHEDULED 24 25 26 27 28 ,~~ Januarv 2002 S M T W T F S 1 1 2 3 4 5 2 6 7 8 9 10 11 12 3 13 14 15 16 17 18 19 4 20 21 22 23 24 25 26 5 27 28 29 30 31 Sun Man 4:20PM Thursday, November 08, 2001 .,.-......1..'" February 2002 David Baric March 2002 S M T W T F S 9 1 2 10 3 4 5 6 7 8 9 11 10 11 12 13 14 15 16 12 17 18 1920212223 13 24 25 26 27 28 29 30 14 31 Tue Wed Thu Fri Sat J.' ~. , '- ,~, I'~. DOROTHY B. WRIGHT IN THE COURT OF COMMON PLEAS OF CL~ERLAND COUNTY, PENNSYLVANIA NO. 5819 CIVIL x~ 2000 v. RENA McNAUGHTON RULE 1312~1. The Petition for Appointment of Arbitrators shall be substantially in the following form; PETITION FOR APPOINTHENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: '''~ ' JOHN R. NINOSKY , counsel for the plaintiff/KHxHR~g in the above 1. 2. action (or actions), ":resp~ctfully represents that: The above-captioned action (or actions) is (are) at issue. -. is $ 1,969.63 action is l' J01d. . '15 The claim of the plaintiff in the action The counterclaim of uhe defendant in the The following attorneys are interested in wise disqualified to sit .<,s arbitrators: the case(s) PAUL B. as counselor are other- ORR, ESQUIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~ct~l~ed' ORDER OF COURT AND NOW, rJlrt~! (; . foregoing petition, ;;&oAA4Ai ~A/~/ Esq., and ,~ lA.-idJ , 1~~/, in consideration of the Esq., ~.&d'419' ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, ~.,' ~jJll~l!UIlIilIi~iMEi~lli~~t\\\i;W,\Nii'ld.~""";r;',,jh>lH"'~~,;'~",,~"~{' ~ 'c:,.~"""~-"-_"";""'~liIl ES ". ,l " r _U ~" , ",t f~ 'j , . '~~ \ ''t '-~ , " .. ..... ,,- "_O~ 1l () ~ [ ~ 8 0 0 ~ -n :;;;: 0 '~L;j C/) '"Orn " -'. mrn -; r"n2':: f' Z::tj .,o;-n zC. f' fP (J) ;p- ..... ~i6 6' -<2': ,<0 :t>> :~L=H e ~o ::J: r"J--;-.! ',..0 ~ :;;0 S? Lifl 0' c: ~ Z r::- "'" =< :0 -< ~ , , "J!W;\lASNN3d AlNnuo c;\!V1,LJ381~mo OE:I wd 81 lJO 10 A1i'v'JOi'i;\-r', ' . i6n -;?1::>-i'~~~~;1 ' ~-..,-> \.~,J i :;:1 .,:n ..Jv - lilIliiII<l~'_,1 DOROTHY B. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No, 00-5819 v, : CIVIL ACTION - LAW RENA McNAUGHTON, Defendant ORDER AND NOW, this day of , 2000 upon consideration of Defendant Rena McNaughton's Preliminary Objections to Plaintiff's New Matter, it is hereby ORDERED that said Objections are sustained and that the Plaintiff is hereby ORDERED to plead more specifically in her New Matter to paragraphs 29 through 32 and that paragraphs 33, 34, 35 and 37 of Plaintiff's New Matter be stricken. BY THE COURT: 1. Distribution: Osmer S. Deming, Esq, The Law Offices of Paul Orr 50 E. High Street Carlisle, PA 17013 Evan J. Kline, ill, Esq, Golberg, Katzman & Shipman 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 "- ,k~t.., DOROTHY B. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No, 00-5819 v. : CIVIL ACTION - LAW RENA McNAUGHTON, Defendant PRELIMINARY OBJECTIONS AND NOW, here comes the Defendant, Rena McNaugton, by and through her counsel, THE LAW OFFICES OF PAUL BRADFORD ORR, pursuant to Pa. R.C.P. No. 1028 and preliminarily objects to Plaintiff's New Matter to Counterclaim as follows: Preliminary Obiection to Insufficient Soecificitv of Pleading in Plaintiff's New Matter "Pennsvlvania's Motor Vehicle Financial Resoonsibilitv Law." 1. In paragraph 29 of "Plaintiff's New Matter To Counterclaim," Plaintiff asserts that Defendant's counterclaim is barred by "Pennsylvania's Motor Vehicle Financial Responsibility Law." 2. plaintiff has failed to cite or reference any statute section or article in support of this assertion.. 3. The Plaintiff has failed to plead with specificity the facts upon which this defense is based. Instead, the Plaintiff has simply asserted this defense in a conclusory fashion. 4. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to allow her to adequately prepare and assert defenses to Plaintiff's New Matter. WHEREFORE, Defendant requests that this Court ORDER Plaintiff to plead more ,;"-"~ ~ . ' L,,,,~~_,,, specifically to paragraph 29 of Plaintiff's New Matter. pre1iminary Obiection to Insufficient Soecificitv of Pleading in Plaintiff's New Matter "Selection of the limited tort ootion and aoolicable oolicies of insurance," S. The foregoing paragraphs are hereby incorporated as if set forth fully herein. 6. In paragraph 30 of "Plaintiff's New Matter To Counterclaim," Plaintiff asserts that Defendant's counterclaim is barred by "the selection of the limited tort option and applicable policies of insurance." 7. The Plaintiff has failed to plead with specificity the facts upon which this defense is based. Instead, the Plaintiff has simply asserted this defense in a conclusory fashion 8. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to allow him to adequately prepare and assert defenses to Plaintiff's New Matter. WHEREFORE, Defendant requests that this Court ORDER Plaintiff to plead more specifically to paragraph 30 of Plaintiff's New Matter. J>reliminary Obiection to Insufficient Soecificitv of Pleading in Plaintiff's New Matter "Mitigation of Damages," 9. The foregoing paragraphs are hereby incorporated as if set forth fully herein. 10. In paragraph 31 of "Plaintiff's New Matter To Counterclaim," Plaintiff asserts that Defendant has failed to mitigate her damages. 11. The Plaintiff has failed to plead with specificity the facts upon which this defense is based. Instead, the Plaintiff has simply asserted this defense in a conclusory fashion. , - .. , ,-- ~ ,'. < 12. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to allow her to adequately prepare and assert defenses to Plaintiff's New Matter, WHEREFORE, Defendant requests that this Court ORDER Plaintiff to plead more specifically to paragraph 31 of Plain tiff's New Matter. Preliminary Obiection to Insufficient Soecificitv of Pleading in Plaintiff's New Matter "Pennsylvania's Comparative Negligence Law." 13, The foregoing paragraphs are incorporated as if set forth fully herein. 14. In paragraph 32 of "Plaintiff' s New Matter To Counterclaim," Plaintiff asserts that Defendant's counterclaim is barred by "provisions of the Pennsylvania Comparative Negligence Law." 15. Plaintiff has failed to cite or reference any statute section, "provision" or article in support of this assertion., 16. The Plaintiff has failed to plead with specificity the facts upon which this defense is based. Instead, the Plaintiff has simply asserted this defense in a conclusory fashion. 17. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to allow her to adequately prepare and assert defenses to Plaintiff's New Matter. WHEREFORE, Defendant requests that this Court ORDER Plaintiff to plead more specifically to paragraph 32 of Plaintiff's New Matter. ,<" .. ~-, --~ " Preliminary Obiection To Plaintiffs' Failure To Conform to a Rule Of Court 18. The foregoing paragraphs are hereby incorporated as if set forth fully herein. 19. Under Pa, R.C.P. No, 1030 (a), a party may set forth as new matter any material facts which are not merely denials of the averments of the preceding pleading and any affirmative defenses. 20. Paragraph 34 of Plaintiff's New Matter states, "[p]laintiffwas not negligent." 21. Paragraph 35 of Plaintiff's New Matters asserts, in essence, that Plaintiff's acts or omissions were not causes of damage to Defendant. 22. Paragraph 37 of Plaintiff's New Matter states that the damages sustained by Defendant were not proximately caused by Plaintiff. 23. Paragraphs 34 and 35 and 37 are merely denials of the averments of the preceding pleading, Hence, these paragraphs are in violation of the pleading requirements of Pa.R.c.P. 1030 and accordingly are impertinent. 24. Paragraph 33 of Plaintiff's New Matter states that the Defendant may have failed to state a cause of action upon which relief can be granted. 25, Paragraph 33 is neither an affirmative defense nor a material fact. Hence this paragraph is in violation ofthe pleading requirements ofPa.R.C.P. 1030 and accordingly is impertinent. WHEREFORE, Defendant requests that paragraphs 33, 34, 35 and 37 of Plaintiff' s New Matter be stricken. DATE: 12-4-0 D Respectfully submitted, -'-'~" .', THE LAW OFFICES OF PAUL BRADFORD ORR ~ Osmer S, Deming, Esquire Attorney for Defendant Supreme Court ill # 85546 SO East High Street Carlisle, PA 17013 -' --~ j~iIi~'r ~ -", - .~ I.,). VERIFICATION I verifY that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g 4904, relating to unsworn falsifications to authorities. /kA-/JJcJ);:;JD77 Rena McNaughto Dated: 1).-I-oD " " ~ ~, - -~ I~ b' CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Preliminary Objections was delivered via first-class mail to the following: Evan 1. Kline, III Golberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 /2-1-00 By: Date: .. "W~' "~-'~-~,. ,__. ."~""C-"''''~~~" ."~~__". -~""W.oli,,_.u,i1;!I~W~"; '-=--., ' ~- ~-~", .,"" ~r> ,,~~. ,_"",,~ .,. -'--;oj, .__ ~ ,.I '1I!iIidIl~ ~:s' () 0 0 C <::) 7' -n -om c::l ::::'1 mni fT\ Fh::.: Z:r} n :ZC: I -"9 OJ ..-:;~ .r::- :u --< "Z: C) . ~Cj -0 =2~ ;ZO :x - 'Tl Q~ :i>O Y-! 6 2 =< Ul ?tJ <=> -< ".-- ~--" I'~rld: PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (ent:ixe caption must be stated in full) Dorothy B. Wright ( Plaintiff) vs. Rena McNaughton ( Defendant) No. 00-5819 Civil 19 1. State matter to be argued (Le.. plaintiff's llDtion for new trial. defendant's danur.rer to carrplaint. etc. I : Whether Defendant's Preliminary Objections to Plaintiff's New Matter should be granted 2. Identify counsel who will argue case: (a) for plaintiff: Address: Evan J. Kline, III, Es~. Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 HarriSburg, PA 17108-1268 (b) for defendant: Address: Osmer S. Deming, Es~. lhe Slaw Offices of Paul Bradford Orr ,0 E. High Street c~ Carlisle, PA 17013 I will notify all parties in writing within two days that this case has been listed for argurent. 3. 4. Argunent Court Date: ' jiHll.tQf'i 1, ZOb ~ o~ S;1J~ , ' , @\~~!II:""-~Mi~,;<.i!-;.~il~I<~~~l\i,\l;/,;,;ft,~",~,.:..:.J"';,;;:'l",:rill,~',,;,~"if,~",""":2'.~W!;f>.'tJ:~~I!iilJ_~Olill~~~ j-:! 0 0 ~ c: C> :g, 0 ~-i -00:: rr1 ""....-U- mom n n-1f-"- Z:O , :gm z~ ~z ~ (':>'X - tS ~o =P~ -0 S< ~8 ::x :2:" 5>c .r:- Q' .. ""t, ~ - ?P-i ...a ;.c;.,,,~ ~,.. .' ...I .. ~-~ <'.~ ~ -~. ~, "I, ,- " .., > . ""- ,', '.-' -,' j Fi , ,.J ') DOROTHY B. WRIGHT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW RENA McNAUGHTON, Defendant NO. 00-5819 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS. OLER and GUIDO. JJ. ORDER OF COURT AND NOW, this 4th day of January, 2001, upon consideration of Defendant's preliminary objections to Plaintiff's Answer and New Matter to [Defendant's] Counterclaim, and following oral argument held on January 3, 2001, it is ordered and directed as follows: 1. Paragraph 30 of Plaintiff's Answer and New Matter to [Defendant's] Counterclaim, relating to Defendant's alleged selection of the limited tort option, is stricken pursuant to the Plaintiff's concurrence with the preliminary objection,l 2. Defendant's preliminary objections are otherwise denied. BY THE COURT, () r., J, tap-J"l) 1f)~ OJ-I.{- 01 RKs 1 See Brief of Plaintiff in Opposition to Defendant's Preliminary Objections to Plaintiff's New Matter to Counterclaim, at 4. rJL 1. ~!ta~ililY;slOM.ili_~oiliiillii~Wi~~it"h"-'~'hll~"",,,;;r~lIii'~"i~~~"'~i~~~1!lI\liiliiIiI1I!b;i1l! 1,'. ilJlilr"'''" ~- ..' ,,"\\Q\,\,\'2,d ",r) ,~\\,~'ijl\ \r\v'~\, ,."r.~\~'~' ;'-, ~jJ~,r ,~ C},:;':,i ;"<_':'::,',1 ,1 ',':l\" \U '[",~' \,\ \j Cll:t: .id ,'j " " . -, ~ '~~fW- - i , " '0 ,- "~ ,.. Thomas E. Brenner, Esq, Evan J. Kline, III, Esq. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Attorneys for Plaintiff Osmer S. Deming, Esq. The Law Offices of Paul Orr 50 East High Street Carlisle, PA 17013 Attorney for Defendant :rc - "." ~", ~ '-, " i- ""'",,_ ~,_, ~,' c- '~"" '.,I"'-'~'~j " ~ "" - d "" _"'"""-"'~.:!.' . . " DOROTHY B, WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No, 00-5819 v, : CIVIL ACTION - LAW RENA McNAUGHTON, Defendant TO Plaintiff and her counsel Goldberg, Katzman & Shipman PC 320 Market Street P. O. Box 1266 Harrisburg, P A 17108 DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER AND NOW, here comes the Defendant, by and through her counsel, THE LAW OFFICES OF PAUL BRADFORD ORR, and answers Plaintiffs NEW MATTER as follows: 28, The Defendant incorporates paragraphs 1-27 of her Answer and Counterclaim as if set forth fully herein, 29, This is a conclusion of law to which no responsive pleading is required. 30, 31, This is a conclusion of law to which no responsive pleading is required, 32, This is a conclusion of law to which no responsive pleading is required, 33, This is a conclusion oflaw to which no responsive pleading is required, 34. This is a conclusion of law to which no responsive pleading is required. 35, This is a conclusion of law to which no responsive pleading is required. 36. This is a conclusion oflaw to which no responsive pleading is required, 37, This is a conclusion oflaw to which no responsive pleading is required, Respectfully submitted, I -w;',' THE LAW OFFICES OF PAUL BRADFORD ORR DATE: January 23, 2001 u~~ Osmer S. Deming, Esquire Attorney for Defendant Supreme Court 1D # 85546 SO East High Street Carlisle, P A 17013 . - -. ~ "-.-~- CERTIFICATE OF SERVICE ""'. ~-k,,,,,"--,, I hereby certifY that a true and correct copy of the foregoing document was delivered via first-class mail to the following: Date: Januarv 23. 2001 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By: ~~5 Osmer S, Deming 7 ." -";' ~,~_~llI"liMlii!~~;A~l1'.-,,~{,,;f"'~"""-""'~~~tji;~>:\d;~illmlr"'- "".'~. ~~'~~I"""'''''''c'~~V~"" ~",_ -." ,-,- ~ " , r, '..~ ~ iIi'''''-' >, '--"-" t ...~~-~.."p'~ ..r g <C -ofrJ rnfTl Z::O ZC ~Z ~O Jg ~ ;;5 . o <- "'" :z: N LV o --n -0 :J1;: ~ cJ'I ...I .-] ;~1:~ ;;g :3$ S~~?; --~--n PB am ..... ~ -<; J - , , " ,"0"'" ,,--- ._.-<".~,"~~ - _.-~ - ,-,.,,-, ~ -~ "- - John R. Ninosky, Esquire ID. #78000 GOLDBERG, ltATZMllN & SBJ:PMAN, P. c. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. RENA McNAUGHTON, Defendant No. 00-5819 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of John R. Ninosky, Esquire, of Goldberg, Katzman & Shipman, P.C., on behalf of Plaintiff, Dorothy B. Wright, in the above-reference action. Date: 69730.1 /o;'S/o/ GOLDBERG, KATZMAN & SHIPMAN, P. C. By: Jo:Mtn~d~e 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 78000 Attorneys for Plaintiff . - >A' ~-. ~",,;, -,,,V"', - Ji'_' ""--,,,y__~- ,.,,',_,,- __,_,," ",,~-:,~'~'~". -_'-;";-'c.~,,~,-,,~ j/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United states Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the /S'1II day of O('"y~ , 2001, addressed as follows: Paul Bradford Orr, Esquire PAUL BRADFORD ORR LAW OFFICES 50 East High street Carlisle, PA 17013 GOLDBERG, KATZMAN' SHIPMAN, P.C. Date: IP~/ 64444.1 By: JOh~O~y~~~ 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 78000 Attorneys for Plaintiff _.0 -oM_. ,-,~ BL~~i;!Il.~.c,"' ,- ~,',' .,~" ,;,_....'~'''''';a. L' - ~. -""'1iJ '~~_',-- \\~ o c:: --U fi~ t1)[U ~--" zc ~:~~:. r<C) ~C) ~o PC: ~ o , , C.l -'f[ o n -I ..~-\ -'-;-"''-\ ";r:--" ,~~ ';.;.--:.c; 6cn .-.~ ~ --' ". ::1: C?, """ ~, ...."~ ~ "~. ~-~ ~ J., "'~, , . ~P(#1 /3. W~/6'N-r" lr. , , In The Court of Common Pleas of ;( eN 14 111 c/V Mfbk/70A.J ) ) } ) ) \) ) ) Cumberland County, Pennsylvania "::lo.59/t!, ~ 2 ()()t) / OATH We do solemnly swear (or affirm) the Constitution of the United States and t wealth and that we will discharge the-dutie AWARD We, the undersigned arbitrators, having been duly ppointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) ;';-OJ(!. I1..JfI^:ni.-7~ IA/ TN-&'- 1ht16U;/i 4-fZ,CJ6l.r.,! ~b C,",S 'T~ I$/vt> ~NS-r l:>r=Ft5"N}) 14Nr. A./t) ~/:) 7lJ Dtt;; ;::I:r-IV /;)ii;Vr C>A/ DG:'J.."ln'Vb "'^"I'~ Git,,(/rt;t{!t{..~ . Arbitrator dissents. (InSe~me i: t:(~1 applicable. ) Date of Award: '/1/d I . / /7/11 , , Chair.nan Date of Hearing: NOTICE OF ENTRY 0 AWARD Now, the ~ay Of.:}QAJu,tl.n{ , ~e6l-.. at ;0 ~.ji..fl.~1., the above award was entered upon the docket dnd notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 0}90. ~ ,\,,-,~~,,',>.:. d,,,;;'-j,,,;,w;$ti~llIil;Hil~~~ll\i!Mi!i!.~~' l~' -... , 1 i,1 I,! ;'1 i ! ofepheN 6al\lko Jr:- ft7arjoJkS Ed.e16+-eiAj' 35-J6 Eti6t- /7','Ne1 ~ I<Jd ('&nf' tH n P4 17tJ!( i: :'j 3 r I Cl"0 "Pc^- h Ct l ct rfili +kic~ ~ ~, * ~eJ!r~J ~f() l7 t~~ trtJh 8-. ~ (O{ ~l ~A- !'7613 000 ~ N ~.n -.-~~ '- lJm :r.- :y:i ~9-i ~ ;-~~ 61 e- 1 ;,'.:, ~q -<~; -.1 - ~- ~G > ~~~? zQ :]: (;2{~ ~e! S? ~3rn z :...J )> ~ J;:"' ~ lh\i l0\ &. dL () bg-S IYiOJ~f), Cb;~ {j ~I:J ~ /~7--<3( I . '- ,'\- ~,-,,'., ,- .. John R. Ninosky, Esquire 10. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street p, O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B, WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No, 00-5819 v. CIVIL ACTION - LAW RENA McNAUGHTON, Defendant PRAECIPE TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff in the amount of $2002.61 plus costs pursuant to the Award of Arbitrators which was entered on January 7, 2002. In addition, kindly enter judgment in favor of Plaintiff with regard to Defendant's counter-claim. A copy of the Award is attached to this Praecipe. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. -~~I- ~~ Joh R, inosky, Esqu re Attorney I.D, No.: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Date: February 11, 2002 .. '~LYT#4 13 0~/6.N-r /r. ;(CNJ'J Il1c/VMtk/lOtJ We do solemnly swear (or affirm) the Constitution of the United States and t '"ealth and that we will discharge the -dutie """" ,-" ,- ",,,~., -', ~', , ) >. ) ) ) ) ) In The Court of Cornmon Pleas of Cumberland County, Pennsylvania )105$/9, !:9 200{) OATH AWARD We, the undersigned arbitrators, having been duly kppointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarqed, they shall be separately stated.) ;.::-~ ItIfIN'ni-7;:' IN TN-(",'- Iht1cm;/ 4-IZ/tP6l. ~ I ~b (0$ 7'~ I1Nb ~.N[;r 'bLrJ;-es-N})~Nr. -VI? ~b i. 7lJ D~ ;::&rN1;)~/Vr ON 6t;;J-~b If/vTS CPu,A./7'c-t!.c.L.~ applicable. ) Date of Hearing: / / 1 /~ I . Chair:nan / /7/1/ Date of Award: , I NOTICE OF ENTRY 0 AWARD Now, the ~ay of,J'QA:lu.an,f award was entered upon the docket dnd parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~9(), ~ , ~eg, at ;0 ~0iJt~1., notice thereof given by mail the above to the -, - ~, ',~ ._, -... o -"", ,',"s;",' -: - n ,'" . ':;',( ";-__,, ,-,- __ _~'.. "", ",,'~ ...; . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the -..ll.tA. day of E~ 2002, addressed as follows: Paul Bradford Orr, Esquire PAUL BRADFORD ORR LAW OFFICES 50 East High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: By: JOh:l~n~t!~ 320 Market Street Strawberry Square P.O, Box 1268 Harrisburg, PA 17108-1268 [717J 234-4161 Attorney 1.0. No. 78000 Attorneys for Plaintiff 644411.1 , , 'J~' ,;=/'rJ"-;,~ "'1-' "'-'~~' T i! ','" ".." ',', . .. . -~, ",~-,' ",,' ,'"'' ' "" .;". ~ G -tP..o () ,IJ() 1:"' \l 0 ~ ~ 3 ~ ~ ~ ~~ ()) '~".i,'-K",-, "e", "", -,'--,~ ,~~ -,~ ~ ,. ,-. ",",,",'.' lJU' 9:.~ i,:~:-: t~;:-- -< ~t~ -<- -j --, o ~; C) l"-..:.i ...,., ~-'T1 e,:] f'-<) ~ ,~ ,,-,- . ,-~, !';-? ,-,:,:,-. .:<, c ~;I ~:'l -< CO~MO#~fEALTH OF PENNSYLVANIA ' · COURT OF CC~AMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is give~ that the appediant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice no the da~ and in the case mentJor~d belo~ RENA MCNAUGHTON 48 HAIR ROAD NEJgYILLE PA 17241 07/27/00 DOROTHY gRIGIiT cvl~ nnooz07-0g LTl9 ~AU~ BkAD~ ORR: ~S~IITRR This ~ck will be ~ ONLY ~n ~is ~fi~ is mqui~ u~ P~ R.C~.J~. ~ # ~#~ ~S OL~T ~ ~, ~,O.P.~.P. ~O. 1008B. This b4otice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgrnent for possessio~ in this case 1001 ( 6 ) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL· Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothnootary Ente~ rule upon DOROTHY 1,/RIGHT -- , appellee(s), to..j~jLe a,/r~'~nt in lids appeal (Common Pleas No. (~)~" ~.~"~ I 9 '~- )within twenty (20)days after RULE~ To DN]~3'I'_T-1Y W]~T_~.~T .appellee(s). Name of appellee(s) (1) You am notified that a rule is hereby entered upon you to file a comp4aint in this appeal within twenty (20) days after the date of service of this rule upen you by personal service or by certified or registered mail (2) If you do r~t h*le a complaint within this time, a JUDGMENT OF NON PROS V~qLL BE ENTERED AGAINST YOU. Date;//), ].~~(3) The da~e °f service °f thLs rule if seevice was by mail is the date °f ma~/~/~/h,/1 ~.../,~q! ,~ ~'~')~'% ,1~'~ AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxee) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _ ; ss AFFIDAVIT: I araby swear orafftrm that I s,er¥~d ~ ~ a copy of the Notice of'Appeal, ~ommon plea~ No. (date of service) receipt at~ached hereto, and upon the appellee, (name) , 19 E~J by peraonal service [] by (certified) (registered) mail, sender'a receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the RuJe was addressed on , 19 ~ [~ by personal service [] by (certified) (registered) mail. sendeds receipt attached hereto, SWOBN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19_ ., upon the District Justice designated therein on , [] by personal service [] by (certified) (registered) mail. sender's Signature of affiant COMMONWEAl'TH OF PENNSYLVANIA ' COUNTY OF: CUMBER~ .- Mag, Dist, No.: 09-3-01 HAROLD E. B~IDER Add~ess: 81 WHL_NuT BOTTOM ROAD P.O. BOX 361 , SHIPPENSBUP, G, PA Telephone: (717) 532-7676 17257-0361 ATTORNEY DEF PRIVATE .' PAUL ORR 50 HAST HIGH ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRA'NSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS I-WRIGHT, DOROTHY PO BOX 2013 MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS r-MCNAUGHTON, KENA 48 HAIR RD NEWVILLE, PA 17241 L Docket No.: CV- 0000107- 00 Date F ed: 5/04/00 .... THIS IS TO NOTIFY YOU THAT: Judgment: FOR P~IN'~IFF ~'] Judgment was entered for: (Name) ~'r~.q,; nn~n,m~w' [~ Judgment was entered against: (Name) M~n~W]'ON.. g~ in the amount of $ ~: ftR1 _ q'~ on: F-] Defendants are jointly and severally liable. ~ Damages will be assessed on: --']This case dismissed without prejudice. Amount of Judgment Subject to [~ Attachment/Act 5 of 1996 $_ --~ Levy is stayed for days or ~ generally stayed, F--~ Objection [o levy has been filed ano neanng will be held: (Date of Judgment) 7/~.'7/nn (Date & Time) Amount of Judgment $ 1,969.63 Judgment Costs $ 92.30 interest on Judgment $ .00 Attorney Fees $ . 00 Total $ 2,061.93 Post Judgment Credits $. Post Judgment Costs $. Certified Judgment Total Date: Place: Time: , ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH yo 'U~NDTICE OF APPEAL. Dat -' . ~)JstrlCt Justice Date My commission expires first Monday of January, 2006 ~ SEAL 1[ ' AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL ~C~/7/' 0~ FKOM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Rl~hl & MCNAIICHTON ADO~ESS Of APPELLANT 48 HAIR ROAD NRb/VTT.i'.R PA 1 _79A1 '~'~ c~ 0NC?/27/00 DOROT[IY URT~U? LTl9 p AOL BRA ~P~ 0~; R~!!T~g ~h b~k will ~ ~ ONLY ~en ~is ,~;~ is mquir~ u~ P~ R.C.P. JP. N~ ff a~/l~t ~s CLAIMANT (s~ ~. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy 1 O01 (6) in action before Distrio&Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, de~ach from copy of notice of appeal to be se~ed upon appellee). PRAECIPE.. To Prothonotary Enter rule upon DOROTHY WRIGHT - , appellee(s), to file a m~l'l~nt in this appeal RULE.. To nnun~uv U~T~HT ,a~l~(s). ~ ~-~/~T - (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing./.I AOPC 312-90 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th/s proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that I ~erved [~a copy of the Notice of Appeal, commo. Pleas No. ~0' ~ ~ I~ _,upon the District Justice designated ,here,~ on (date of $ervice) ~ ~ ~ ~ O O ~ by per.nat service ~y (certified) (registered) mail, sender's ~ ~ ~ ~ ..... , ~ ~e~ ~ by personal service ~by (ce~ified) (registered) mail, sender's receipt affach~ hereto. ~nd further that I served the R ule~ile a Cgmpl~ ~accompanyi ng the above Notice of Appeal upon the appellee(s) to whom the Rule wa~ addres~d on ~' ~ ~/- ~ ~0 , ~ ~ by personal servi~y (ceAified) (registered) maiD, sender s receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME TH~S O~ ~ DAY OF~-, ~ Sig~ure of affiant ' Notarial Seal .Heather L. Smith, Notary Public ..Ca..rliale Bom Cumberland County My Commission Expires Apr. 7, 20~3 O C:) O Z 013 349 653 US Po~tal Receipt for Certified Mail No Insurance Coverage Provided. Do not usa for Intemationa~ Mail (See reverse eeesmppv n ,eOeldllmU eqT lo 4oeq ~,[1 ol pmo SltP, qoe~v · ~ ~ue~v E3 'm~ ol Pmo eua tunled ua° e/~ leql °s iAeJ ~ ~ eeeJppe pue etueu Jno~ ~,UUd · ~ '~I~P si ~^l~ ~ t! ~ ~e~ , ,~ ~ , , ldleOett wniet~ olisemo~ 66~L ,{inr, L LBC uuo~ Sd ~-'- -- sea r-i ~ Rqel eo/,s~e~ u~uj ,~o~"~ *'eCltUnN eiol~f '~ 'O'O'O ~-~ 1~141 I:xun~Ji I~ °N [] ggoU PS Fon'n 3800, Apdl 1995 '_.m = UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No. G-lO · Sender: Please print your name, address, and ZIP+4 in this box · ' "-'~"' IIh,, Ih, ,. Ih.,.Ih, hh ,,,, ,, --'~---'--'..-' h,, Ilh,,,,, II Ii, I1,, II ill · Sender: Please pri ddress, h-IIh,,llh,.,,Ih,lh.lhlh,.,,Ihhh,l,hlh,.h,II Evan J. Kline, HI I.D.//70283 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff RENA McNAUGHTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 00-5819 CIVIL ACTION - LAW 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 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 Ave. Carlisle, PA 17013 1-800-990-9108 7. At the same time, Rena McNaughton was operating a 1988 Toyota Celica with Pennsylvania license plate APM6356. 8. At the time of the accident, PlaintiffDorothy B. Wright was lawfully operating her vehicle on Penn Street, and was in the process of making a lef~-hand turn onto NeffAvenue, when her vehicle was stuck on the driver's side by the front fight bumper of the vehicle operated by Defendant Rena McNaughton. The vehicle operated by Defendant Rena McNaughton had been traveling on Penn Street when it drove into the side of the Wright vehicle as the Wright vehicle made a lef~ turn onto Neff' Avenue. 10. As a direct and proximate result of the aforesaid collision, the Wright vehicle was damaged in the amount of $1,694.63. 11. As a direct and proximate result of the aforesaid collision, Plaintiff`Dorothy B. Wright incurred costs for renting a replacement vehicle in the amount of $275.00. 15. The accident and the resulting damages sustained by the Plaintiff occurred as a direct and proximate result of the negligence and carelessness of Rena McNaughton in that she: (a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles on the roadway; (d) failed to apply her brakes to avoid striking the side of the Wright vehicle; (e) operated her vehicle at a speed too great for the circumstances; (f) failed to properly operate her vehicle in the correct lane of travel; and (g) drove her vehicle in such a manner as to cause it to collide with the side of the Wright vehicle. 16. The negligence and carelessness of Defandant Rana McNaughton, as aforesaid, was a substantial factor in the happening of the accident. WHEREFORE, the Plaintiff demands judgment against the Defendant in an amount of $1,969.63, plus interest and costs, which is an amount requiring submission to compulsory arbitration. Date: / 52812.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. EVAN J. KLINE, III, ESQUIRE Attorney I.D. #70283 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff VERIFICATION I, Dorothy B. Wright, hereby acknowledge that I am a Plaimiffin this action; that I have read the foregoing document and that the facts stated therein are tree and correct to the best of my knowledge, information and belie£ I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Doroth~right .... / CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postageprepald, at Harrisburg, Pennsylvania, onthe ~ (~ dayof L)~/~/Z'~ ~2000, addressed as follows: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHAMAN, P.C. By Evan J. Kline, hi, Esquire I.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff DOROTHY B. WRIGHT, Plaintiff KENA McNAUGHTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA No. 00-5819 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SIftED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. TO YOUR LAWYEK AT ONCE. I~ YOU DO YOU SHOULD TAKE THIS PAPER GO TO OR TELEPHONE THE NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GET LEGAL HELP. OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 1.800-990-9180 DOROTHY B. WRIGHT, Plaintiff · IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PA No. 00-5819 CIVIL ACTION - LAW RENA McNAUGHTON, Defendant : DEFENDANT'S ANSWER AND COUNTERCLAIM AND NOW, here comes the Defendant, by and through her counsel, THE LAW OFFICES OF PAUL BRADFORD ORR, Osmer S. Denung, Esqmre answenng Plaintiffs Complaint as follows: 1. Admitted. 2. There is no paragraph 2 in Plaintiff's Complaint. Admitted. Admitted. By way of further answer, this accident occurred around midday. Admitted. There is no paragraph 6 in Plaintiffs Complaint. 7. Admitted. 8. Admitted in part. Denied in part. It is denied that at the time of the accident that the plaintiff was operating her vehicle in a lawful manner. It is admitted that the plaintiff was trying to make a left-hand turn It is also denied that Defendant struck Plaintiff's car. On the contrary, Plaintiff's car struck Defendant's car. By way of further answer, plaintiff was attempting to make a left hand turn from the parking lane on Penn Street when her car struck Defendant's. 9. Denied in part. It is denied that Defendant Kena McNanghton's car struck Plaintiff s car. On the contrary, Plaintiff's car struck Defendant's car. 10. Denied. After reasonable investigation and inquiry, Defendant is without knowledge sufficient to form a belief as to the veracity of the amount of damage of Plaln~ff's vehicle. Therefore, such averment is denied. 11. Denied. After reasonable investigation and inquiry, Defendant is without knowledge sufficient to form a belief as to the veracity of the incurred cost of renting a replacement. Therefore, such averment is denied. 12. There is no paragraph 12 in Plaintiff's Complaint. 13. There is no paragraph 13 in plaintitt's Complaint. 14. There is no paragraph 14 in plainftff's Complaint. 15. Denied. It is denied that the accident and resulting damages sustained by the Plaintiff were either a direct or a proximate result of the negligence and carelessness of the Defendant. It is further denied that the Defendant: (a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles on the roadway; (d) operated her vehicle at a speed too great for the circumstances (e) failed to properly operate her vehicle in the correct lane of travel; and (f) drove her vehicle in such a manner as to cause it to collide with the side of the Wright vehicle. 16. Denied. It is denied that the Defendant was either negligent or careless. WHEREFORE, Defendant requests that Plaintiff s Complaint be dismissed. 17. COUNTERCLAIM The foregoing paragraphs are hereby incorporated as if set forth fully herein. 18. On January 11, 2000, Defendant was driving behind Plainti~ s vehicle on penn Street. 19. Plaintiff s vehicle pulled into the parking lane on penn Street as if to park. 20. Seeing that plaintiff' s vehicle was in the parking lane, Defendant proceeded to drive past plaintiff s vehicle. When Defendant was driving past plaintiff, the Plaintiff, without any warning, turned her steering wheel and then proceeded to make a left turn onto Neff Avenue. Defendant' s car then collided with Plaintiff' s. 21. At no time did plaintiff execute her turn signal as required by law. 22. Moments before this collision, Plaintiff's pet dog was siring on her lap while Plaintiff was driving. 23. At the time of the accident, Defendant had a passenger, Denise Ettinger age 28 of Newville, pennsylvania, who is a witness to the events on said day. 24. At the time of the accident, Defendant was operating her vehicle in a lawful 25. As a direct and proximate cause of this collision, Defendant s car was damaged in the amount of $1072.95 (See estimate attached as ,,Defendant's Exhibit A") 26. The accident and the resulting damages sustained by Defendant occurred as a direct and proximate cause of the negligence of Plaintiff in that she: (a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles (specifically Defendant's vehicle) on the roadway; (d) operated her vehicle at a speed too great for the circumstances (e) failed to properly operate her vehicle in the correct lane of travel; and (f) drove her vehicle in such a manner as to cause it to collide with Defendant's vehicle. 27. Plaintiff had a duty to operate her vehicle in a reasonable and lawful manner. On January 11, 2000, plaintiffbreached this duty causing the aforementioned damage to Defendant's vehicle, against the plaintiff in an mount of WltEREFORE, the Defendant demands ]udgment $1072.95 plus interests and costs, which is an amount requiring submission to compulsory arbitration. Respectfully Submitted, THE LAW OFFICES OF PAUL ORR Carlisle, PA 17013 (717) 258-8558 Supreme Corox I.D. # 85546 VERIFICATION I verify that the statements made in the foregoing Answer, New Matter, and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Rena McNaughton Job Number: 06/07/2000 at 11:56 AM 18235 SUBWAY AUTO BODY Federal ID %:251854056 Carlisle's Collision Repair Center 1231 Ritner Highway Carlisle, PA 17013-9381 (717)243-9978 Fax: (717)243-7370 pp~LI~NARY ESTIMAT~ written by: Jeff Nailor Adjuster: Insured: Rena McNaughton Owner: Rena McNaughton Address: 48 Hair Road Newville, PA Day: Evening: Claim # Polic~ # Deductible: Date of Loss: Type of Loss: Point of Impact: Inspect Location: DayS to Repair EX BIT company: 1988 TOYO CELICA GT 4-2.0L-FI 3D Lt Blue Int: VIN: jT2ST67L9J7183855 Lic: Prod Date: Odometer: Rear Defogger Tilt Wheel intermittent Wipers Tinted Glass Body side Moldings Dual Mirrors power Steering Power Brakes Power Antenna Power Mirrors Cloth Seats Bucket Seats Recline/Lounge Seats styled Steel Wheels QTY EXT. PRICE LABOR pAINT NO. OP. DESCRIPTION 1 FRONT BUMPER 2.5 2 O/H front bumper 1 229.81 Incl. 1.5 3 Repl Cover 4 GRILLE 1 127.50 0.4 5 Repl Grille 6 FRONT LAMPS 1 96.51 0.4 N 7 Repl RT Signal lamp assy 8 FENDER 4.0 2.~0 9* Rpr RT Fender 1.5 10% Refn Color Blend 1 45.00 0.3 11% Repl stripe Tape/Wide ' Subtotals ==> 498.82 7.6 5.0 DEFENDANT'S Job Number: 06/07/2000 at 11:56 AM 18235 PRELIMINARY ESTI~4~TE 1988 TOYO CELICA GT 4-2.0L-FI 3D Lt Blue Int: Line 7 : Lamp by headlamp 498.82 parts Body Labor 7.6 hrs @ $ 34.00/hr 258.40 paint Labor 5.0 hfs @ $ 34.00/hr 170.00 5.0 hrs @ $ 17.00/hr 85.00 Paint Supplies .... $ 1012.22 SUBTOTAL $ 1012.22 @ 6.0000% 60.73 Sales Tax $ 1072.95 GRAND TOTAL ADJUSTMENTS: 0.00 Deductible $ 0.oo cUSTOMER PAY $ 1072.95 INSURANCE PAY 2 C~ERTIFICATE OF SERVICE_ I hereby certify that a true and correct copy of the foregoing Answer and Counterclaim was delivered to the following via first-class mail: Evan I. Kline, III, Esquire Goldberg, Katzm~ and Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By: Evan J. Kline, III I.D. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DOROTHY B. WRIGHT, Counsel for Plaintiff IN THE COURT OF COMMON PLEAS Plaintiff RENA McNAUGHTON, De~ndant CUMBERLAND COUNTY, PA No. 00-5819 CIVIL ACTION - LAW NOTICE TO PLEAD To; Defendant and her counsel, Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 You are hereby notified to plead to the within New Matter to the Counterclaim within twenty (20) days of receipt hereof. Dated:_lf/] ~//0~ GOLDBERG, KATZMAN & SHIPMAN, P.C. Evan J. K ~i~ne, III, Esquire I.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Evan J. Kline, Ill I.D. #70283 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DOROTHY B. WRIGHT, Counsel for Plaintiff IN THE COURT OF COMMON PLEAS Plaintiff RENA McNAUGHTON, Defendant CUMBERLAND COUNTY, PA No. 00-5819 CIVIL ACTION - LAW ANSWER AND NEW MATTER TO COUNTERCLAII~, AND NOW, comes the Plaintiff, Dorothy B. Wright, by her attorneys, Goldberg, Katzman & Shipman, P.C., and in response to the Counterclaim of the Defendant answers as follows: 17. The Plaintiff incorporates paragraphs 1-16 of her Complaint as if set forth fully herein. 18. Admitted. 19. Denied. The Plaintiffdenies that she pulled her vehicle into the parking lane on Penn Street as if to park. To the contrary, at all relevant times prior to this accident she was in the travel portion of Penn Street, waiting to make a left-hand turn onto Neff Avenue. 20. Denied. It is denied that the Plaintiff's vehicle was in the parking lane. By way of further answer, see the answer to paragraph 19. As the Plaintiffattempted to make a left hand turn onto Neff Avenue, the Defendant drove into the side of the Plaintiff's vehicle. 21. Denied. The Plaintiff did execute her turn signal as required by law. 22. Denied. The Plaintiff' s dog was not sitting on her lap while she was driving moments before this collision. 23. Denied. After reasonable investigation, the Plaintiffis without knowledge sufficient to form a belief as to the veracity of the averments of this paragraph, and the same are therefore denied. 24. Denied. The averments of this paragraph are conclusions of law to which no response is required, and the same are therefore denied. To the extent that an answer is required, the Plaintiff denies that the Defendant was operating her vehicle in a lawful manner. To the contrary, the Defendant was not operating her vehicle in a lawful manner, as set forth in the Plaintiff's Complaint. 25. Denied. After reasonable investigation the Defendants are presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 26. Denied. The averments of this paragraph are legal conclusions to which no response is required and the same are therefore denied. To the extent that an answer is required, the Plaintiff denies that she: (a) failed to maintain proper and adequate control over her vehicle; (b) failed to keep alert and maintain a proper lookout while operating her vehicle; (c) failed to observe the presence of other vehicles (specifically Defendant's vehicle) on the roadway; (d) (e) operated her vehicle at a speed too great for the circumstances; failed to properly operate her vehicle in the correct lane of travel; and (f) drover her vehicle in such a manner as to cause it to collide with Defendant's vehicle. 27. Denied. The averments of this paragraph are conclusions of law to which no response is required, and the same are therefore denied. To the extent that an answer is required, the Plaintiff denies that she breached any duty or caused any damage to the Plaintiffs vehicle. To the contrary, she acted properly at ail times and caused no damage to the Defendant's vehicle. WHEREFORE, the Plaintiff requests that Defendant's Counterclaim be dismissed. herein. 28. PLAINTIFF'S NEW MATTER TO COUNTERCLAIM The Plaintiff incorporates paragraphs 1-27 of her Complaint as if set forth fully 29. Defendant's Counterclaim is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 30. Defendant's Counterclaim is barred, in whole or in part, by the selection of the limited tort option and applicable policies of insurance. 31. Defendant has failed to mitigate her damages. 32. Defendant's action is barred, in whole or in part, by the provisions of the Pennsylvania Comparative Negligence Law. 33. granted. The Defendant may have failed to state a cause of action upon which relief can be 34. Plaintiffwas not negligent. 3 5. Any acts or omission of Plaintiff alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Defendant. 36. The Defendant may have assumed the risk. 37. The incident, injuries and/or damages alleged to have been sustained by the Defendant were not proximately caused by the Plaintiff. WHEREFORE, the Plaintiffrequests that Defendant's Counterclaim be dismissed. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: // /]/~?/d~/ 54704. I By: Evan J. Kline,'III, Esquire Attorney I.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 4 VERIFICATION I, Dorothy B. Wright, hereby acknowledge that I am a Plaintiffin this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: //_/~c.-.c~O CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the /~ '~-f' day of ///z,~,~-~:~-~' 2000, addressed as follows: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. 529621 By_ Evan J. Kline, III, Esquire I.D. No. 70283 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff DOROTHY B. WRIGHT, Plaintiff RENA McNAUGHTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. 00-5819 : : CIVIL ACTION - LAW PRELIMINARY OBJECTION.~ AND NOW, here comes the Defendant, Rena McNaugton, by and through her counsel, THE LAW OFFICES OF PAUL BRADFORD ORR, pursuant to Pa. R.C.P. No. 1028 and preliminarily objects to Plaintiff's New Matter to Counterclaim as follows: Prehnnn Ob ect~on t Insufficient S cifi i of PI din in Plain' N er "Pennsylvania's Motor Vehicle Finane. i.a~ Rest~onsibilitv Law." I. In paragraph 29 of"Plaintiff's New Matter To Counterclaim," Plaintiffasserts that Defendant's counterclaim is barred by "Pennsylvania's Motor Vehicle Financial Respons~b~hty Law. ' 2. Plaintiffhas failed to cite or reference any statute section or article in support of this assertion.. 3. The Plaintiffhas failed to plead with specificity the facts upon which this defense is based. Instead, the Plaintiffhas simply asserted this defense in a conclusory fashion. 4. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to allow her to adequately prepare and assert defenses to Plaintiff's New Matter. WHEREFORE, Defendant requests that this Court ORDER Plaintiffto plead more specificaily to paragraph 29 of Plaintiff's New Matter. Pre' ' Ob'ection to Insufficient S ecifici of Pleadin in PI ' tiff's New Ma er "Selection of the limited tort o tion and a licable olicies of insurance." 5. The foregoing paragraphs are hereby incorporated as if set forth fully herein. 6. In paragraph 30 of"Plaintiff's New Matter To Counterclaim," Plaintiff asserts that Defendant's counterclaim is barred by "the selection of the limited tort option and applicable policies of insurance." 7. The Plaintiffhas failed to plead with specificity the facts upon which this defense is based. Instead, the Plaintiffhas simply asserted this defense in a conelusory fashion 8. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to a/low him to adequately prepare and assert defenses to Plaintiff's New Matter. W~REFORE, Defendant requests that this Court ORDER Plaintiffto plead more specifically to paragraph 30 of Plaintiff's New Matter. Prelimin Ob'ection to Insufficient S ecificit of Pleedin in Plaintiff's New Matter "Mitigation of Damages." 9. The foregoing Paragraphs are hereby incorporated as if set forth fully herein. 10. In paragraph 31 of"Plaintiff's New Matter To Counterclaim," Plaintiffasserts that Defendant has failed to mitigate her damages. 11. The Plaintiffhas failed to plead with specificity the facts upon which this defense is based. Instead, the Plaintiffhas simply asserted this defense in a conclusory fashion. 12. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to allow her to adequately prepare and assert defenses to Plaintiff's New Matter. WHEREFORE, Defendant requests that this Court ORDER Plalntiffto plead more specifically to paragraph 31 of Plaintiff's New Matter. Prehrmn Ob ectlon to Insufficient S ecifiCl of Pleadin in Plaintiff's New M tter "Pennsvlvama s Comnarative Neifli~ence Law." 13. The foregoing paragraphs are incorporated as if set forth fully herein. 14. In paragraph 32 of"Plaintiff's New Matter To Counterclaim," Plaintiffasserts that Defendant's counterclaim is barred b .... y prowsions of the Pennsylvania Comparative Negligence ]-,aw." 15. Plaintiffhas failed to cite or reference any statute section, .... ,, · · provision or article in support of this assertion. 16. The Plaintiffhas failed to plead with specificity the facts upon which this defense is based. Instead, the Plalntiffhas simply asserted this defense in a conclusory fashion. ] 7. Plaintiff's New Matter, therefore, lacks sufficient specificity to apprise Defendant of the issues and statutes to be litigated and to a/low her to adequately prepare and assert defenses to Plaintiff's New Matter. WHEREFORE, Defendant requests that this Court ORDER Plaintiff.to plead more specifically to paragraph 32 of Plaintiff's New Matter. Prelimin Ob'ection To Plaintiffs' Failure To Conform to Rule fCourt 18. The foregoing paragraphs are hereby incorporated as if set forth fully herein. 19. Under Pa. R.C.P. No. 1030 (a), a party may set forth as new matter any material facts which are not merely denials of the averments of the preceding pleading and any affirmative defenses. 20. Paragraph 34 of Plaintiff's New Matter states, "[p]laintiffwas not negligent." 21. Paragraph 35 of Plaintiff's New Matters asserts, in essence, that Plaintitt's acts or omissions were not causes of damage to Defendant. 22. Paragraph 37 of Plaintiff's New Matter states that the damages sustained by Defendant were not proximately caused by Plaintiff. 23. Paragraphs 34 and 35 and 37 are merely denials of the averments of the preceding pleading. Hence, these paragraphs are in violation of the pleading requirements of Pa.R.C.P. 1030 and accordingly are impertinent. 24. Paragraph 33 of Plaintiff's New Matter states that the Defendant may have failed to state a cause of action upon which relief can be granted. 25. Paragraph 33 is neither an affirmative defense nor a material fact. Hence this paragraph is in violation of the pleading requirements ofPa. R.C.P. 1030 and accordingly is impertinent. WHEREFORE, Defendant requests that Paragraphs 33, 34, 35 and 37 of Plaintiff's New Matter be stricken. Respectfully submitted, THE LAW OFFICES OF PAUL BRADFORD ORR Supreme Court ID # 85546 50 East High Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. ena McNaughton~ CERTIFICAT~ OF SERVICE I hereby cerfif7 that a true and correct copy of the foregoing Preliminary Objections was delivered via first-class mail to the following: Date: Evan J. Kline, III Golberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By: Osmer S. Deming P__RAEcI~pE FOR L~ISTING CASE FOR ARGUMENT (~mt be blpewritten m~ submitted in duplicate) TO THE PROTHONOTARy OF CUMBERLAND COUNTY: Please 1/st the with/n matter for the next Azx3%~nt Co,rt. CAPTION'OF CASE - -' - ........................................ (eat/re ca~tinn must be stated in full) Dorothy B. Wright vs. ( Plain tiff ) Rena McNaughton (D~fendant) No. 00-5819 ~ ~ Civil ----------- __ 19 State matter to be argued (i.e., P/a/ntiff,s ~Otion for new trial, defendant,s d~murr~r to ccm~/a/nt, etc.;: Whether Defendant,s Preliminary Objections to Plaintiff,s New Matter should be granted Identify counsel who will ar~3ue Case: (a) for plaintiff: EVan j. Kline, III, Esq. Address: Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 (b) for defendant: Harrisburg, PA 17108_1268 Address: 0smer S. Deming, EsQ. ~he~ Law Offices of Pau/ i0 E. High Street Bradford Orr uarlisle, PA 17013 ~ I wi// not/fy all Parties in writing within two days that this case h~s been listed for at. went. DOROTHY B. WRIGHT, : Plaintiff : V. : RENA McNAUGHTON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5819 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 4th day of January, 2001, upon consideration of Defendant's preliminary objections to Plaintiff's Answer and New Matter to [Defendant's] Counterclaim, and following oral argument held on January 3, 2001, it is ordered and directed as follows: 1. Paragraph 30 of Plaintiff's Answer and New Matter to [Defendant's] Counterclaim, relating to Defendant's alleged selection of the limited tort option, is stricken pursuant to the PlaintiW s concurrence with the preliminary obj ection.~ 2. Defendant's preliminary objections are otherwise denied. BY THE COURT, J~13/esley Oler~r., J. OI-q' OI ~ See Brief of Plaintiff in Opposition to Defendant's Preliminary Objections to Plaintiff's New Matter to Counterclaim, at 4. Thomas E. Brenner, Esq. Evan J. Kline, III, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff Osmer S. Deming, Esq. The Law Offices of Paul Orr 50 East High Street Carlisle, PA 17013 Attorney for Defendant :rc DOROTHY B. WRIGHT, Plaintiff RENA McNAUGHTON, Defendant TO Plaintiff and her counsel Goldberg, Katzman & Shipman PC 320 Market Street P. O. Box 1266 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No. 00-5819 : : CIVIL ACTION - LAW : DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER AND NOW, here comes the Defendant, by and through her counsel, THE LAW OFFICES OF PAUL BRADFORD ORR, and answers Plaintiff's NEW MATTER as follows: 28. The Defendant incorporates paragraphs 1-27 of her Answer and Cotmterclaim as if set forth fully herein. This is a conclusion of law to which no responsive pleading is required. 29. 30. 31. 32. 33. 34. 35. 36. 37. This is a conclusion of law to which no responsive pleading ~s required. This is a conclusion of law to which no responsive pleading is required. This is a conclusion of law to which no responsive pleading ~s required. This is a conclusion of law to which no responsxve pleading ~s required. This is a conclusion of law to which no responsive pleading ~s required. This is a conclusion of law to which no responsive pleading ~s required. This is a conclusion of law to which no responsive pleading ~s required. Respectfully submitted, THE LAW OFFICES OF PAUL BRADFORD ORR DATE: January 23, 2001 Osmer S. Deming, Esquire Attorney for Defendant Supreme Court ID # 85546 50 East High Street Carlisle, PA 17013 CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing document was delivered via first-class mail to the following: Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: Januatw 23, 2001 By: Osmer S. Deming ID. #78000 · OLDBER~ Z~tT~MAN & SHIPMAN~ P.e. 320 F, arket Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff DOROTHY B. WRIGHT, Plaintiff RENA McNAUGHTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 00-5819 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OFAPPEARANC£ TO THE PROTHONOT~Y: PLEASE enter the appearance of John R. Ninosky, Esquire, Goldberg, Katzman & Shipman, P.C., on behalf of Plaintiff, Dorothy B. Wright, in the above-reference action. of GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: 69730.1 By: John/~.'Ninosky, Esqu£¥e 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 78000 Attorneys for Plaintiff CERTIFICATE OF ~ERVIC~. I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, Harrisburg, Pennsylvania, on the 2001, addressed as follows: first class, postage prepaid, at / day of ~__, Paul Bradford Orr, Esquire PAUL BRADFORD ORR LAW OFFICES 50 East High Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. Date 64444.1 By: John ~. Ni~o~ky, Esq~iW~ 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 78000 Attorneys for Plaintiff DOROTHY B. WRIGHT RENA McNAUGHTON NO. 5819 IN THE COURT OF COMMON PLEAS OF Cb~MBERLAND COUNTY, PENNSYLVANIA CIVIL xl~g 2000 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: JOHN R. NINOSKY ~ , counsel for the plaintiff/~m~.~ in the above action (or act~6ns), ~esp~ctfully represents that: 1. The above-captioned action (or actions) is (are) at issue- 2. The claim of the plaintiff i~ the action is $ 1,969.63 The counterclaim of the defendant in the action is,~ 707~, ~ The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit ~s arbitrators: PAUL B. ORR~ ESQUIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW, ~-~ /~ , 19~/, in consideration of the Esq., a~d ~'4~~ ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court,