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HomeMy WebLinkAbout01-0276 FX LAW OFFICE OF DARRELL C. DETHLEFS D.ll C. Dethlef." Michael J. Pyko.h" Brian K Zellner 3805 Market Street Camp Hill. PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: DDethlef.@aoLcom Web Site: http://wwwJawyersxomJdethlefslawoffice Lei!ai Assistants Sherry L. Deckman" .Licensed PA Title Agents May 7,2001 Fred H. Hait Fred Hait and Associates 17 East High Street, Suite 101 Carlisle, PA 17013-3047 Re: Buffington v. Atanasoff Dear Mr. Hait: I received the Court Order appointing you as the head arbiter in the above referenced matter on Thursday, May 3, 2001. I also received your correspondence requesting dates of availability of myself, and my client for the purpose of setting up and arbitration. In light of the ongoing fee dispute that your office and my office is involved in relative to the Linwood Richardson Workers' Compensation matter. I would ask that you recuse yourself from sitting on the above referenced panel. I am requesting that you forward the file back to the Prothonotary for an assignment of a new arbiter. Should you have any questions, please do not hesitate to contact me. Michael J. Pykosh MJP /rss Enclosure cc: Matthew D. Strohm Dissinger & Dissinger 28 North 32"d Street Camp Hill, PA 17011 . . 1f~~ ..,.. ,~ - -, ,._~,- FRED HAlT & ASSOCIA TES* ATTORNEYS AT LAW pajoblawfh~i)aol.com AREAS OF PRACTICE: EMPLOYMENT DISCRIMINATION WORKERS' COMPENSATION PERSONAL INJURY FRED H. HAlT NORA S. GIBSON TRUDY H McGRAW MA1N OFf!.~.~ The Wellington '7 East High Street. Suite 101 CARLISLE. PA 17013.3047 PHONE: (717) 249-4500 FAX: (7171249-2411 5/15/2001 BRANCH OFFICE M & T BANK BLDG. 14 N. MAIN STREET, SUITE 307 CHAMBERSBURG. PA 17201 PHONE: (717) 263-7344 F-AX: (717) 249.241' CorreJpond 10 Carlisle office . Michael J. Pykosh, Esq. Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Re: Buffington v. Atanasoff Dear Mr. Pykosh: I note receipt of your correspondence of 5/7 /01, requesting that I recuse myself from sitting as an arbitrator in this case. I have sat as an arbitrator in many cases in which counsel for one or the other of the litigants was currently involved opposite me in litigation. I do not believe that situation ever affected my ability to render an impartial decision, nor do I believe that I could not do so in this case. I have likewise, when representing a party at an arbitration, never experienced evident partiality when the situation was reversed. Therefore, I see no reason to delay a hearing in this case. If you feel strongly that I should not sit as an arbitrator, feel free to take that matter up with the Court. Fred H. Hait Cc: Matthew D. Strohm, Esq. 'I-onn~rl\, \ld,r:l\\ Ilall,\ Iklldim;ul or,,::,:._.,,,._ '.~,' - o-f,- ,~.'~ "" ,i.', .__~_""'. " . c_ . VF ,_.. LAW OFFICE OF DARRELL C. DETHLEFS j)~rrell C. Detblefs' Micbael J. Pykosb' Brian K Zellner 3805 Market Street Camp Hili. PA l70ll Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: DDetlllefs@aoLcom Web Site: http://www.lawyers.com/dethlefslawoffice Lt,'!!al Assistants Sherry L Deckman' *' Licensed P A Ti tIe Agents May 25, 2001 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Buffington v. Alal1asoff No. 01.276 To the Prothonotary: Enclosed for filing please find a Rule to Show Cause relative to the above referenced matter. Please have the original filed and forward the Rule once it has been executed by the Judge to my attention for service. I have enclosed a self.addressed stamped envelope. v~ryt.r,UIY you:s" /1~ / //1/1//}/ .II {r ~. Michael J. Pytosh MJP Irss Enclosures cc: Matthew D. Strohm, Esquire Fred H. Hait, Esquire . . ,O!<j~ '" 'I : ~ ~," MEADE M. BUFFINGTON, III, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. NO. 01-276 BRADELY S. ATANASOFF, DefendanVRespondent CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, This _ day of 2001, a Rule is issued to show cause why Fred Hait, Esquire should not be recused as an arbitor with respect to the above captioned matter. Rule returnable within days of service. J. lW".'l"~. " -,~ ='<"'1'"- - LAW OFFICE OF DARRELL C. DETHLEFS ~II C. Detblef." licbael J. Pykosb" ,rian K. Zellner 3805 Market Street Camp Hill, PA 17011 Phone: (717) 975.9446 Fax: (717) 975-2309 E-mail: DDcthlefs@aoLcom Web Site: http://wwwJawyers.com/dethlefslawoffice Le1!al Assistants Sherry L. Deckman" · Licensed P A Title Agents May 7, 2001 Fred H. Hait Fred Hait and Associates 17 East High Street, Suite 101 Carlisle, PA 17013.3047 Re: Buffington v. Atanasoff Dear Mr. Hait: I received the Court Order appointing you as the head arbiter in the above referenced matter on Thursday, May 3, 2001. I also received your correspondence requesting dates of availability of myself. and my client for the purpose of setting up and arbitration. In light of the ongoing fee dispute that your office and my office is involved in reiative to the Linwood Richardson Workers' Compensation matter. I would ask that you recuse yourself from sitting on the above referenced panel. I am requesting that you forward the file back to the Prothonotary for an assignment of a new arbiter. Should you have any questions, please do not hesitate to contact me. Michael J. Pykosh MJP /rss Enclosure cc: Matthew D. Strohm Dissinger & Dissinger 28 North 32"d Street Camp Hill, PA 17011 . . rr~ f-' ,- , - - -~ FRED HAlT & ASSOCIA TES* ATTORNEYS AT LAW pajoblawfh@aol,com ~REA~_O-.f~~~CTIC!~ EMPLOYMENT DISCRIMINATION WORKERS' COMPENSA liON PERSONAL INJURY FRED H. HAlT NORA $. GIBSON TRUDY H McGRAW M.l.\!~<!fE~c;.~ The Wellington 17 East High Street. Suite 101 CARLISLE, PA 11013-3047 PHONE: (717) 249-4500 FAX: {7171249.24" 5/15/2001 BR~_~.!:I_ QEF.~<;~ M-& T BANK BlOG 14 N. MAIN STREET. SUITE 307 CHAMBERSBURG, PA 17201 PHONE; (717\ 263-7344 fAX: 1717J 249.241' ("orreJ/JOIUJ to Cllrli.~11! offiCI! Michael J. Pykosh, Esq. Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Re: Buffington v. Atanasoff Dear Mr. Pykosh: I note receipt of your correspondence of 5/7 /01, requesting that I recuse myself from sitting as an arbitrator in this case. I have sat as an arbitrator in many cases in which counsel for one or the other of the litigants was currently involved opposite me in litigation. I do not believe that situation ever affected my ability to render an impartial decision, nor do I believe that I could not do so in this case. I have likewise, when representing a party at an arbitration, never experienced evident partiality when the situation was reversed. Therefore, I see no reason to delay a hearing in this case. If you feel strongly that I should not sit as an arbitrator, feel free to take that matter up with the Court. Cc: Matthew D. Strohm, Esq. "h'rIlh.:rh \!({,r:I" Il.w,\ '\,'II..:1Ull;lIl -4'Bll~~ ~ ",.IIl'J1 = """''''''"''''''''''''''''''''' FRED HAlT & ASSOCIATES* A TTORNEYS AT LAW pajoblawlh@aol.com ~~EAS,.O! p.f(~I:JJg~ EMPLOYMENT OISCRIMINA nON WORKERS. COMPENSA TlON PERSONAL INJURY FRED H _ HAlT NORA S_ GIBSON TRUDY H. McGRAW ~~!N OFFICE _ The Wellington '7 East High Street. Suite 101 CARLISLE, PA 17013-3047 PHONE: (717J 249-4500 FAX: (711) 249.24" 5/15/2001 BRANCH 9iF~C!= M S;-i-BA-NK SLOG 14 N_ MAIN STREET. SUITE 307 CHAMBERSBURG, PA 17201 PHONE: (717) 263.7344 FAX: 17l7} 249.2411 Correspond 10 CllrJi."/l! office Michael J. Pykosh, Esq. Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Re: Buffington v. Atanasoff Dear Mr. Pykosh: I note receipt of your correspondence of 5/7 /01, requesting that I recuse myself from sitting as an arbitrator in this case. I have sat as an arbitrator in many cases in which counsel for one or the other of the litigants was currently involved opposite me in litigation. I do not believe that situation ever affected my ability to render an impartial decision, nor do I believe that I could not do so in this case. I have likewise, when representing a party at an arbitration, never experienced evident partiality when the situation was reversed. Therefore, I see no reason to delay a hearing in this case. If you feel strongly that I should not sit as an arbitrator, feel free to take that matter up with the Court. Cc, Matthew D. Strohm, Esq '1.""1C"" \h{ ,r.'''' 11.<11.\ :1,'11(1,,,1..., "'\,-~ ~ I 1-"' 'r_,.. " _ _~ .. LAW OFFICE OF DARRELL C. DETHLEFS ~II C. Dethlefs" Michael.J. Pykosh" Brian K. Zellner 3805 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: DDetblefs@ao1.oom Web Site: http://wwwJawyers.com/de1bIefslawoffice Lef!al Assistants Sherry 1. Deckman" "Licensed P A Title Agents May 7,2001 Fred H. Hait Fred Hait and Associates 17 East High Street, Suite 101 Carlisle, PA 17013.3047 Re: Buffington Y. Atanasoff Dear Mr. Hait: I received the Court Order appointing you as the head arbiter in the above referenced matter on Thursday, May 3, 2001. I also received your correspondence requesting dates of availability of myself, and my client for the purpose of setting up and arbitration. In light of the ongoing fee dispute that your office and my office is involved in relative to the Linwood Richardson Workers' Compensation matter. I would ask that you recuse yourself from sitting on the above referenced panel. I am requesting that you forward the file back to the Prothonotary for an assignment of a new arbiter. Should you have any questions, please do not hesitate to contact me. Michael J. Pykosh MJP/rss Enclosure cc: Matthew D. Strohm Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 . . 'f:;;;r_JII _ I ',0" ;'" i'~ - ,T - I' - , Philip L. Zulli, Esquire Attorney-at-Low 1501 North Front Street Harrisburg, Pennsylvania 17102 Zulli@msn.com Timothy P. Ketlting, Esq. Telephf1fle: (717) 238.9004 Ff1X: (717) 238.9010 May 10,2001 Fred Hait & Associates 17 East High Street Suite 101 Carlisle, Pa. 17013-2411 In re: Buffington v. Atanasoff Dear Attorney Hait, In response to your correspondence of May 4,2001, relativie to dates I will not be available for arbitration in the months ofJune, July, and August, please be advised that I will not be available the following dates: June 14th, June 26th, and August 3rd through August 10, 2001. Please contact my office as soon as a date certain for the arbitration is scheduled. If you have any questions or concerns about this matter, please do not hesitate to contact me. Thank you for your consideration in this matter. Sincerely, l~9~ Timothy P. Keating TPKIbgl !L~._ . , ,'I ," "-, I1S1;INGER '" ./'J;: H Camp Hill Offices: 717.975.2840jvoice . 717.975.3924jfax Marysville Offices: 717.957.3474jvoice. 717.957.2316jfax May 8, 2001 Fred H. Hait, Esquire 17 East High street, suite 101 Carlisle, PA 17013-3047 Re: Buffington v. Atanasoff Dear Attorney Hait: I will be unavailable July 16th-20th. two civil trials and a bankruptcy hearing these have not been scheduled yet. I will likely have in June or July, but ~A~ Matthew D. Strohm Attorney at Law MDS:las Attorneys at Law 28 North Thirty-Second Street · Camp Hill, PA 17011 400 Sonth State Road · Marysville, PA 17053 I~ - "'-' >'''~_ -.''C/o'"'' ,,-_"~~"_",~ '-,' ",.c,' - ,,-~ 1""::"2'"-"">- ,,->~ _-_^-~_"_, ."._, LAW OFFICES OF KOLLAS AND KENNEDY 1104 FERNWOOD AVENUE CAMPHILL,PENNSYLVANIA 17011 WILLIAM C. KOLLAS MARY KOLLAS KENNEDY JAMES W. KOLLAS TELEPHONE NO. (717) 731-1600 FAX NO. (717) 763-8442 May 7,2001 Fred H. Halt, Esquire FRED HAIT & ASSOCIATES The Wellington 17 E. High Street, Ste. 101 Carlisle, PA 17013-3047 RE: Buffington v. AtanasotT No. 01-276 Civil 2001 Dear Mr. Hait: I am in receipt of your letter dated May 3,2001. The dates that I am unavailable are following: In June, the 4th, 8th, 11th, 12th, 13th, 14th, 15th, 18th, 22nd, 25th, and 29th; In July, the 2nd, 3"1, 4th, 5th, 6th, 9th, 13th, Hi"', 20th, 23"1, 27th, and 30th; In August, the 3m, 6th, 10th, 13th, 17th, 20th, 24th, 27"", and 31". Very truly yours, KOLLAS AND KENNEDY MKK/car r, -- ',"_ _~.~_ - -. '3 -,_"~.-,,,, ,~-_ ~~l~"""-"""'~-"''''-'~_"' '".; ,,,~",_". _~,~_- .,,' ".'.' _, ~,-_,~_ _,'.'",", ~ ," __,"~,~__, _'._', __ "'".,_. . ___,~_'" FRED HAlT & ASSOCIA TES* ATTORNEYS AT LAW pajoblawth@aoLcom AREAS OF PRACTICE: EMPLOYMENT DISCRIMINATION WORKERS' COMPENSA nON PERSONAL INJURY FRED H. HAlT NORA S. GIBSON TRUDY H. McGRAW MAIN OFFICE: The Wellington 17 East High Stre~t. Suite 101 CARLISLE, PA 17013-3047 PHONE: (7171 249-4500 FAX: (717) 249-2411 5/3/2001 BRANCH qFFICE M & T BANK BLDG. 14 N. MAIN STREET. SUITE 307 CHAMBERSBURG. PA 17201 PHONE: (717) 263-7344 FAX: 1717) 249-2411 Correspond to Carlisle office Matthew D. Strohm, Esq. Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Michael J. Pykosh, Esq. Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Re: Buffington v. Atanasoff Dear Counsel: I have been appointed to chair the arbitration panel in this case. To assist me in scheduling a hearing, please provide me with any dates in June, July, and August when you, your clients, and any essential witnesses cannot be available. Thank you. Fred H. Hait Cc: Timothy Keating, Esq. Mary Kallas Kennedy, Esq. '1-(mlh.'r1~_ MC~Fr;I\\ fla,l,li,; Ik'l..:JIIll,1J1 J,,~ " ~ FRED HAlT & ASSOCIATES* ATTORNEYS AT LAW pajoblawfh@aol.com AREAS OF PRACTICE: EMPLOYMENT DISCRIMINATION WORKERS' COMPENSATION PERSONAL INJURY FRED H. HAlT NORA S. GIBSON TRUDY H. McGRAW MAIN OFFICE:. The Wellington 17 East High Str'u~t, Suite 101 CARLISLE. PA 17013-3047 PHONE: (717) 249-4500 FAX: 17171 249-2411 5/3/2001 BRANCH OFFICE M & T BANK BLDG. 14 N. MAIN STREET, SUITE 307 CHAMBERSBURG, PA 17201 PHONE: (717) 2t3-7344 FAX: (717) 249-2411 Correspond 10 ("fir/isle office Timothy Keating, Esq. 1501 North Front Street Harrisburg, PA 17102 Mary Kollas Kennedy, Esq. Kollas & Kennedy 1104 Fernwood Avenue Camp Hill, PA 17011 Re: Buffington v. Atanasoff No. 01.276 Civil 2001 (Cumb. Co.) Dear Counsel: This is a Cumberland County case in which we have been appointed arbitrators. To assist me in scheduling a hearing, please provide me with any dates in June, July, and August when you cannot be available. Thank you. Fred H. Hait Enclosure. 'hlnllt'rlv. Mt:(ira\\ ii;lll K Ikll.-lllll;111 '~~ ., - ~ ' i MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0(- ()7Co (('Or' ( CIVIL ACTION - LAW BRADLEY S. ATANASOFF, Defendant NOTICE DEFEND T 0 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. I I I I CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 . . H MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OI-,2'7(..~T~ " " vs. CIVIL ACTION - LAW BRADLEY S. ATANASOFF, Defendant COMPLAINT Plaintiff, Meade M. Buffington, III, citizen of the Commonwealth of Pennsylvania, and adult individual who resides at 408 West Dauphin Street, Enola, Cumberland County, Pennsylvania. 1. Defendant, Bradley S. Atanasoff is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 511 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. The facts and occurrences hereinafter related took place on or about July 15; 2000, at approximately 1:55 o'clock A.M. on Enola Road, East Pennsboro Township, Cumberland County, Pennsylvania. 3. At that time and place, Plaintiff, Meade M. Buffington, III, was in his car in the center turning lane, northbound on Routes 11 and 15, and was attempting to turn left into the driveway of Eat'N Park and the cleaners. :it ,~_'''I 4. When Plaintiff began his turn there was no vehicle in the southbound lane of Routes 11 and 15. 5. In the middle of Plaintiff's turn across the southbound lane of Routes 11 and 15, Plaintiff saw Defendant in his vehicle driving very fast southbound on Routes 11 and 15. 6. Plaintiff did not have sufficient time to get out of the way of Defendant and his vehicle. 7. Defendant's vehicle struck the right rear of Plaintiff's vehicle. 8. After both vehicles came to a stop, Defendant approached Plaintiff and asked him, "How he wanted to handle this.H 9. Plaintiff indicated he wanted to wait for the police to arrive. 10. Plaintiff then indicated he was going to walk to a nearby bar to make a telephone call. 11. When Plaintiff returned, Defendant had left the scene of the accident. - 11 12. The foregoing accident and all of the damages set forth hereinafter sustained by Plaintiff, are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. ~3361; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. d. e. " f. i il g. failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle; failure to travel at a safe speed; failur.e to keep a proper watch for traffic on the highway; failure to keep proper and adequate control over his vehicle; driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and h. driving his vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. ~3714. 13. Plaintiff's vehicle sustained four thousand three hundred twenty-seven dollars and thirty-four cents ($4,327.34) in damage and claim is made therefore. (See repair estimate from Sutliff Chevrolet marked as Exhibit "A".) -'~!!ff!IIlIII - 1-, - . ", '-"~'" i: 14. Plaintiff brought suit in District Court 09-1-02 before The Honorable Robert V. Manlove, at Docket Number CV-0000372-00. 15. At the hearing, Defendant was represented by counsel. 16. In his decision of December 05, 2000, The Honorable Robert V. Manlove found for Plaintiff, Meade M. Buffington, III, and judgement was entered in the amount of four thousand four hundred twenty-four dollars and thirty-four cents ($4,424.34), consisting of a judgment of four thousand three hundred twenty- seven dollars and thirty-four cents ($4,327.34) and ninety-seven dollars ($97.00) in judgment costs. (See "Notice of Judgment marked as Exhibit "B".) 17. As of January 12, 2001, Plaintiff has accrued one thousand eight hundred dollars ($1,800.00) in storage fees for the storage of his damag~d vehicle and claim is made therefore as well as for additional storage fees which accrue to the conclusion of this case (see "storage Cost" letter from Sutliff Chevrolet dated January 12, 2001 and marked as Exhibit "C"). WHEREF'ORE, the Plaintiff respectfully requests that Defendant be ordered to pay Plaintiff a sum in the amount of four thousand three hundred twenty-seven dollars and thirty-four cents ($4,327.34) for the amount due to repair his vehicle, one thousand eight hundred dollars ($1,800.00) in storage costs, and additional I storage costs accrued to the conclusion of this case. Respectfully submitted, DISSINGER & By: Matthew D. Strohm, Esquire I.D. No. 76724 28 North Thirty-second street Camp Hill, PA 17011 (717) 975-2840 Counsel for Plaintiff ... ., ," .' 07/17/2000 at 04:49 PM 57097 Job Number: SUTLIFF CHEVROLET Federal ID #:23-161003 13 & Paxton Streets Box 1307 S u t 1 i i!fd l'fiht9bur1r.t Rl'onJP'a1rQ,6, I n c . (717) 234 - 4444 PRELIMINARY ESTIMATE Written by: James LeValley #3006730 Adjuster: Insured: MEADE BUFFINGTON Owner: MEADE BUFFINGTON Address: 408 W. DAUPHIN ST ENOLA, PA 17025 Day: (717)732-6600 Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: 4. Right Qtr Post Inspect SUTLIFF CHEVROLET Location: 13 & Paxton Streets Box 1307 Harrisburg, PA 17105 II Business: (717)234-4444 Insurance Company: Days to Repair 1993 CHEV CAMARO Z28 8-5.7L-FI 20 BLACK Int: VIN: 2GIFP22P6P2104585 Lic: BMX3904 PA Prod Date: Tilt Wheel Intermittent Wipers Tinted Glass Dual Mirrors Power Steering Power Brakes Driver Airbag Passenger Airbag Positraction Cloth Seats Recline/Lounge Seats Alloy Wheels Odometer: Theft Deterrent/Alarm Clear Coat Paint Anti-Lock Brakes (4) 4 Wheel Disc Brakes Bucket Seats ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT -------------------------------------------------------------------------------- 1 WHEELS 2** Repl RECOND RT/Rear Wheel 16x8 silv 1 185.00 m 0.3 1 .~ ~ ..,.,...--~ ~ ". 'I ~ #' ,... .' 07/17/2000 at 04:49 PM Job Number: 57097 PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 20 BLACK Int: ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 3 Repl RT/Rear Hub cap 1 33.50 4# Machine Set up 1 2.0 F 5# Measure, square and pull unibo 1 4.0 F N 6# Repl RT REAR TIRE 1 128.00 0.6 7 DOOR 8* Rpr RT Door shell 0.5 2.3 9 Add for Clear Coat 0.9 10 QUARTER PANEL 11 Repl RT Quarter panel 1 466.80 12.0 3.2 12 Overlap Major Adj. Panel -0.4 13 Add for Clear Coat 0.6 14 Repl RT Body side mldg black 1 11. 50 0.1 15* Rpr LT Quarter panel 2.0 2.4 16 Overlap Major Adj. Panel -0.4 17 Add for Clear Coat tl 0.4 18* Rpr RT Inner panel assy lower 3.0 N 19# Repl REAR AXLE ASSY-LKQ 1 750.00 4.0 M 20 REAR SUSPENSION 21 Repl Check rear alignment 1 m 0.5 22 Repl 8leed brake system 1 m 0.5 23 LIFT GATE 24* Rpr Lift gate 1.5 1.8 25 Overlap Major Adj. Panel -0.4 26 Add for Clear Coat 0.3 N 27* Rpr Spoiler 1.8 1.1 28 Overlap Major Non-Adj. Panel -0.2 29 Add for Clear Coat 0.2 30 R&I Spo il er 0.8 31 REAR BUMPER 32 Repl RT Bumper cover support plate 1 11.90 33 Repl Bumper cover 1 299.00 1.8 2.6 34 Add for Clear Coat 1.0 35 Deduct for Rear Bumper R&! -1.6 36# Car Cover for Overspray 1 5.00 T 0.3 37# Flex agent 1 8.00 T 38# Hazardous waste 1 2.50 T 2 r.~ - l~ T- . ~" .- 0,' 07/17/2000 at 04:49 PM 57097 Job Number: PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Int: NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT Subtotals ==> 1901.20 . 34.1 15.4 Line 6 INCLUDES MOUNT AND BALANCE. TIRE IS: DUNLOP-SP SPORT 5000, P245/50ZRI6, 96W, M&S. BLACK. Line 19 INCL RT TRAILING ARM AND ANTI-SWAY BARS. AXLE ASSY IS: POSITRACTION, DISC BRAKES, 3.23 RATIO. Line 27 INCLUDS R AND I SPOILER Parts Body Labor Paint Labor Mechanical Labor Frame Labor Paint Supplies Sublet/Misc. 24.1 hrs @ $ 36.00/hr 15.4 hrs @ $ 36.00/hr 4.0 hrs @ $ 63.50/hr 6.0 hrs @ $ 38.00/hr 15.4 hrs @ $ 18.00/hr 1885.70 867.60 554.40 254.00 228.00 277 . 20 15.50 SUBTOTAL Sales Tax $ 4082.40 $ 4082.40 @ 6.0000% 244.94 GRAND TOTAL $ 4327.34 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY INSURANCE PAY $ 0.00 $ 4327.34 " 3 .' ""11 ,,- -,--,,,",,...,,- , ~ , -. 07/17/2000 at 04:49 PM, 57097 Job Number: PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Int: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OF REPLACED: D = DISCONTINUED PART, A = APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR' S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTO PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP.=OPERATION NO.=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_=WITH/_ # = MANUAL LINE ENTRY * = OTHER [IE..MOTO~S DATABASE INFORMATION WAS CHANGED]. ** = DATABASE LINE WITH AFTERMARKET N = NOTES ATTACHED TO LINE. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. Est~rnate based on MOTOR CRASH ~ST!MATING GUID8. Non-aster~s~(~) ~tems are d~r~ved from thg Gu~de DR~CD93. Database Da~e 6/2000. Double aster~sk(") ~tems ~nd~cate parts sUppl~ed Py a suppl~er other than the or~g~nal equ~pment manufacturer. Pound s~gn (#) items indicate manual entries. CAPA i~erns have been certi~ied for fit and finish by the Certified Auto Parts Association. N~GS Part Numbers, Prices and Labor Times are provided from National Auto Glass SpeCifications, Inc. Pathways - A product of eee Information SerVices Inc. 4 .' ~"~.~ ~ " ' - -. _~e '~_'__~'.,.' o 07/17/2000 at 04:49 PM 57097 Job Number: PRELIMINARY ESTIMATE 1993 CHEV CAMARO 228 8-5.7L-FI 2D BLACK Int: AFTERMARKET PARTS SUPPLIERS 2 RECOND RT/Rear Wheel 16x8 s Part No. 18-86-05022U15 Price $185.00 KEYSTONE AUTOMOTIVE 1277 E. SCHAAF ROAD BRKLYN HGHT VILLAGE, OH 44131 (800)824-2486 (216)398-7788 KEYSTONE AUTOMOTIVE 1000 ROOSEVELT AVENUE YORK, PA 17404 (800)524-4349 (717)843-8927 KEYSTONE AUTOMOTIVE BOX 3658 ROUTE 378 BETHLEHEM, PA 18015 (610)865-5553 (800)962-9109 ,I 5 .,"" - - ~ " _ --,,'" . NOTICE'OF ~'JDGMENT/TRANSCRIPT 1,1VIL CASE . PLAINTI~F: ' NAME and ADDRESS I 'BUFFINGTON, MEADE 408 W DAUPHIN ST. ENOLA, PA 17025 L COMMONWEALTH OF PENNSY" -,NIA COUNTY OF: CUMBERLAND Mag. Dist. No' 09-1-02 OJ Name: Hon. ROBERT V. MANLOVE Addeo'" 1901. STATE STREET CAMP. HILL, PA VS. T",ph,,, (717) 761-0583 17011-0000 DEFENDANT: 'ATANASOFF, 511 ERFORD CAMP HILL, BRAD RD PA 17011 NAME and ADDRESS ATTORNEY FOR PLAINTIFF : MATTHEWD~ STROHM, ESQ. ,/-: .2,'8; 'N 32ND, ST, cMl:P HILL; .PA 17011 L Docket No.:CV- 0000372 ~OO, Date Filed: "'10/11/00'" ' ,J 7'J- " ,:~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR PI,ATNTTFF [!J Judgment was entered tor: (Name) 1'lnFFTlIl~'1'()lIl MF.AHR [!J Judgment was entered against: (Name) A'1'AlIlAROFF. 1'lRAn in the amount ot $ 4,4'24 "14 on: (Date ot Judgment) 1'2/0<;/00 . . o o o o o o Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Post Judgment Credits Post Judgment Costs Levy is stayed for days or 0 generally stayed. Certified Judgment Total $ Objection to levy has been filed and hearing will be held: Date: Place: Time: .J I .J $4,327.34 $ 97.00 $ .00 $ .00 $ 4,424.34 $ $ ------------ ------------ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHON9f~Y/CL9~K OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THI~).lO}19r' JUDGMENTlTRANSCRIPT FORM WITH YOU~,N,QTIC;:,E;.HF APPEAL. -,__../ /-1 ii' ~\'<~" "-";0 .'....,...:. 1->~~' ;':;" i) Date {~.." /f /"'-, >..-: ",_____. ../' .> ~"':~1~j&rri;(Ju;Bce ',. "J' ~ { .; ,_~",....~,';", . '\ ';-', I certify.thatt~i.s is a true an.r?,9..~~;C.}~~p/ ~./ the record of the proceedings cottai1r :tl6~~~tn,en\ ':;~: 1 J...,' ('U Date ,/ ,,/;'.f f / , _ '4 ,i.\ _', Dili,trlc1 JuStice' ! : / i ../.'/ ,\-,."..", ~ ~ J'~' My commission expires first Monday of January. AOPC 315-99 200 , J <., 0,;,' <11";' ~.'N.ntj'1-' . . '''- , . ~, - I" (I GENUINE CHEVROLET .. . ...tlc "..' ,. ~ . '-~.'OO" ; t, ,~} _~ i . "" ". '.', '.' "I..' ;,:i t " 11!, r January 12, 2001 Dissinger and Dissinger 28 North Thirty-Second Street Camp Hill, PA 17011 Attn: Matthew D. Strohm Re: Meade Buffington 1993 Chevrolet Camaro Dear Mr. Strohm: Please be advised that Mr. BuffIngton's vehicle has been at Sutliff Chevrolet since July 17, 2000. The storage cost is $10.00 per day from date of drop off. The total cost as of the above date is $1800.00, 180 days @ $10.00 per day. If you have any question or comments, please feel free to contact my office. Sincerely. (~ J. nu.cp-nf- Carrie L Nugent Body Shop Administrator SUTLIFF CHEVROLET CO. BOX 1307 HARRISBURG, PA 17105 www.sutliffauto.com Ymo-r?~~ 13th & PAXTON STREETS PHONE (717) 234.4444 FAX (717) 234.6501 RT. 22 & DEVONSHIRE RD. PHONE (717) 541-5544 '"1'~ ,,-,. . " .- 1-<>;; ." . ,. ,~"" -. VERIFICATION I, Meade M. Buffington, III, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this : Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: 1/;2./0 I I f ",- --- SHERIFF'S RETURN - REGULAR CASE NO: 2001-00276 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUFFINGTON MEADE MIll VS ATANASOFF BRADLEY S KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ATANASOFF BRADLEY S the DEFENDANT , at 0019:35 HOURS, on the 24th day of January , 2001 at 511 ERFORD RD CAMP HILL, pA 17011 STEPHANIE BURKEY (MOTHER) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~~, R. Thomas Kline 01/26/2001 DISSINGER & DISSINGER Sworn and Subscribed to before By, ~~ f- / D uey rif me this J~ day of jtJ;: ~I A.D. P~o~o~'{:;~' .~ :!-:~_""'fl'!!lI!l ,. t MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01.276 Civil BRADLEY S. ATANASOFF, Defenda nt CIVIL ACTION. LAW PRELIMINARY OBJECTIONS TO THE COMPLAINT AND NOW, comes the Defendant, Bradley S. Atanasoff, by his attorneys, The Law Office of Darrell C. Dethlefs, and files these Preliminary Objections to the complaint of the Plaintiff, and in support of the objections, avers as follows: 1. On January 16, 2001, the Plaintiff filed a Complaint in Cumberland County Court alleging damages resulting from an automobile accident alleged to have occurred on July 15, 2000. 2. Paragraph 14 of the Complaint states that, "Plaintiff brought suit in District Court 09.1.02 before the Honorable Robert y, Manlove, at Docket Number CY. 0000372-00. " 3. Paragraph 15 of the Complaint states, "At the Hearing, Defendant was represented by Counsel." 4. Paragraph 16 of the Complaint states, "In his decision of December 5, 2000, The Honorable Robert V. Manlove found for the Plaintiff, Meade M. Buffington, III, and judgment was entered in the amount of four thousand four hundred twenty-four dollars and thirty-four cents. ($4,424.34), consisting of a judgment of four thousand three hundred twenty-seven dollars and thirty-four cents ., "J '" ~- , . '-,__~_1' _ ~~ u;""' ,,- ~,~,"- ,," JI :'1 'I I 'il ':! ':; ::] :1 :1 !:i " ':1 1.:1 ~ L ill H 1.:.1 i'l ill ':,' ':'1 ! "., " ~~ . .."""-"" ". ,. ". '._,' ~. ".~~'~"-" 0' ,. ''''O''~ -. - ,"-, ~"" .-, 'c~'- ,,~-~ '"_' . ~-" ._,,,,,,,,,,,,,-,--,,,,-,,,,,,,,,,,",,,u,,",,,," '0,'-" _ ." '~', " ~.!,,_'~J!il!!I!J'" '" ~"~~' =. ..JIIII ~~ N" 1 " ,lr~~!'if"1W>i'li'!;!'#W1'""i"'i~~,~lM~~_~I!II'.lJ'-' ~ ."r! ($4,327.34) and ninety-seven ($97.00) in judgment costs. (See "Notice of Judgment marked as Exhibit "B".)" 5. The Plaintiff attached the District Justice Notice of Judgment as an exhibit to the Complaint. 6. The Appeal filed by the Defendant to this Court started a de novo action. Thus, the proceedings at the District Court are not relevant to the case before this Court. 7. Because the proceedings before the District Court have no relevance to the case before this Court, by pleading the District Court proceedings, the Complaint fails to conform to law and may be unduly prejudicial to the Defendant. WHEREFORE, the Defendant respectfully requests that this Court grant the Preliminary Objections and strike from the Complaint Paragraphs 14, 15, and 16. Respectfully Submitted, By~r Michael J. Pykosh, squire Law Office of Darrell C. Dethlefs Attorney Id. 58805 3805 Market Street Camp Hill, Pa. 17011 (717) 975.9446 , CERTIFICATE OF SERVICE The preliminar1Rbjections of the Defendant have been served upon the Counsel for the Plaintiff this li day of February, 2001 by placing a copy of the objections in US mail, in a postage prepaid envelope. Respectfully Submitted, ~l;~tL Law Office of Darrell C. Dethlefs Attorney Id. 58805 3805 Market Street Camp Hill, Pa. 17011 (717) 975.9446 ,= --.r- 0" 1.<" s, I ! i I Ii 'I I II II II II Ii II I: II II I, 'I Ii II i I: Ii " Ii '-'\ - . ~~~- , ~, ~ .''''C- _. . ~ <:fTI. -- ". ~ - ,-~ "" _" d' , - _"~_'~~~' W" ~. ,~ o !;:: -o~: "",U.- !~ ~C; );:: 2* C) ,"~rl J:>C S -.( .,I~~~~'-~:<~. ~" ,..,_ " - ~.~ .z..- , Q ':_i -." "'1 C:::J ( ";1 ~'" --..~ S? :::> ,,) ~~; ..< '"'!J!1q_,...41 _ ~~~""'""'~ , '-- ...A. II MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-276 CIVIL CIVIL ACTION - LAW BRADLEY S. ATANASOFF, Defendant TO: Bradley S. Atanasoff 511 Erford Road Camp Hill, PA 17011 Date of Notice: February 13, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6200 a#hfl/i Matthew D. Strohm Attorney for Plaintiff Supreme Court ID # 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 (' "C" ii MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-276 CIVIL CIVIL ACTION - LAW BRADLEY S. ATANASOFF, Defendant CERTIFICATE OF SERVICE I, Matthew D. Strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Bradley S. Atanasoff, Defendant, and the Defendant by First Class United States mail addressed as follows: I', Michael J. Pykosh, Esquire 3805 Market Street P. O. Box 368 Camp Hill, PA 17001 Date: LIL< If!) / , Bradley S. Atanasoff 511 Erford Road C_ Hill, P~A iLt Matthew D. Strohm, Esquire ~ " .Ill1A\II~' ~""',.."..,," 'IJIIl_ () ~; vFe rnr"" fA:!~~': 2r2:. ~~ 2::: ::;J. . ..... ) ,(::;- :,>0." r__, :::;, <.}.) ~8' ~h -< r ,.,.,~......,mt!~I_~""-~'!'~-'<'F--~j,,",'1Wfi~W""j'/$1~~01,",iilfM~f!j!ilj!5i;;;"~'f;~"j~ .' "\'" 'I .... .' MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-276 CIVIL BRADLEY S. ATANASOFF, Defendant CIVIL ACTION - LAW NOTICE T 0 DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and 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 AVENUE CARLISLE PA 17013 717-249-3166 , ~f-_",_. .'. MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-276 CIVIL CIVIL ACTION - LAW BRADLEY S. ATANASOFF, Defendant AMENDED COMPLAINT Plaintiff, Meade M. BUffington, III, citizen of the Commonwealth of Pennsylvania, and adult individual who resides at 408 West Dauphin Street, Enola, Cumberland County, Pennsylvania. 1. Defendant, Bradley S. Atanasoff is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 511 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. The facts and occurrences hereinafter related took place on or about July 15, 2000, at approximately 1:55 o'clock A.M. on Enola Road, East Pennsboro Township, Cumberland County, Pennsylvania. 3. At that time and place, Plaintiff, Meade M. Buffington, III, was in his car in the center turning lane, northbound on Routes 11 and 15, and was attempting to turn left into the driveway of Eat'N Park and the cleaners. 4. When Plaintiff began his turn there was no vehicle in the southbound lane of Routes 11 and 15. -_:!I" f~_." _, .. !I 5. In the middle of Plaintiff's turn across the southbound lane of Routes 11 and 15, Plaintiff saw Defendant in his vehicle driving very fast southbound on Routes 11 and 15. 6. Plaintiff did not have sufficient time to get out of the way of Defendant and his vehicle. 7. Defendant's vehicle struck the right rear of Plaintiff's vehicle. 8. After both vehicles came to a stop, Defendant approached Plaintiff and asked him, "How he wanted to handle this." 9. Plaintiff indicated he wanted to wait for the police to arrive. 10. Plaintiff then indicated he was going to walk to a nearby bar to make a telephone call. 11. When Plaintiff returned, Defendant had left the scene of the accident. 12. The foregoing accident and all of the damages set forth hereinafter sustained by Plaintiff, are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. 53361; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; _'-""l!III'-ff>!~ ?;~-~~, - ." c. failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle; d. failure to travel at a safe speed; e. failure to keep a proper watch for traffic on the highway; f. failure to keep proper and adequate control over his vehicle; g. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and h. driving his vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. ~3714. 13. Plaintiff's vehicle sustained four thousand three hundred twenty-seven dollars and thirty-four cents ($4,327.34) in damage and claim is made therefore. (See repair estimate from Sutliff Chevrolet marked as Exhibit "A".) 14. As of January 12, thousand eight hundred dollars storage of his damaged vehicle 2001, Plaintiff has accrued one ($1,800.00) in storage fees for the and claim is made therefore as well as for additional storage fees which accrue to the conclusion of this case (see "Storage Cost" letter from Sutliff Chevrolet dated January 12, 2001 and marked as Exhibit "B") . WHEREFORE, the Plaintiff respectfully requests that Defendant be ordered to pay Plaintiff a sum in the amount of four thousand three hundred twenty-seven dollars and thirty-four cents ($4,327.34) for the amount due to repair his vehicle, one thousand eight hundred dollars ($1,800.00) in storage costs, and additional .,,,,__11 -11- storage costs accrued to the conclusion of this case. Respectfully submitted, DISSINGER & DISSINGER By: IJ1ZJf;k;P))d Matthew D. Strohm, Esquire Attorney for Plaintiff Supreme Court ID # 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 - VERIFICATION I, Meade M. Buffington, III, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C. S .A. Section 4904, relating to unsworn falsification to authorities. !i!:y:411 Me de M. Bufflngton, - III - ." 07/17/2000 at 04:49 PM '57097 Job Number: SUTLIFF CHEVROLET Federal 10 #:23-161003 13 & Paxton Streets Box 1307 S u t 1 i ffi romsbur 1f!, t fUo nJP'a1rib5, I n c . (717)234-4444 PRELIMINARY ESTIMATE Written by: James LeValley #3006730 Adjuster: Insured: MEADE BUFFINGTON Owner: ~IEADE BUFFINGTON Address: 408 W. DAUPHIN ST ENOLA, PA 17025 Day: (717)732-6600 Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: 4. Right Qtr Post Inspect SUTLIFF ~HEVROLET Location: 13 & Paxton Streets Box 1307 Harrisburg, PA 17105 II Business: (717)234-4444 Insurance Company: Days to Repair 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Int: VIN: 2GIFP22P6P2104585 Lie: BMX3904 PA Prod Date: Tilt Wheel Intermittent Wipers Tinted Glass Dual Hirrors Power Steering Power Brakes Driver Airbag Passenger Airbag Positraction Cloth Seats Recline/Lounge Seats Alloy Wheels Odometer: Theft Deterrent/Alarm Clear Coat Paint Anti-Lock Brakes (4) 4 Wheel Disc Brakes Bucket Seats ----------------------------------------------------------~-------------------- NO. OP. DESCR I PTl ON QTY EXT. PRICE LABOR PAHlT ------------------------------------------------------------------------------- 1 WHEELS Repl RECOND RT/Rear Wheel 185.00 m 0.3 2** 1 07/17/2000 at 04:49 PM 57097 Job Number: PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 20 BLACK Int: NO. ------------------------------------------------------------------------------- OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 3 4# 5# 6# 7 8* 9 10 11 12 13 14 15* 16 17 18* N 19# 20 21 22 23 24* 25 26 N 27* 28 29 30 31 32 33 34 35 36# 37# 38# N -".-~ ".';'1.,0. Repl RT/Rear Hub cap 1 Machine Set up 1 Measure, square and pull unibo 1 Repl RT REAR TIRE. 1 DOOR Rpr RT Door shell Add for Clear Coat QUARTER PANEL Repl RT Quarter panel 1 Overlap Major Adj. Panel Add for Clear Coat Repl RT Body side mld9 black 1 Rpr LT Quarter panel Overlap Major Adj. Panel Add for Clear Coat II Rpr RT Inner panel assy lower Repl REAR AXLE ASSY-LKQ 1 REAR SUSPENSION Repl Check rear alignment 1 Repl Bleed brake system 1 LIFT q(lTE Rpr Lift gate Overlap Major Adj. Panel Add for Clear Coat Rpr Spoiler Overlap Major Non-Adj. Panel Add for Clear Coat R&1 Spoiler REAR BUMPER Repl RT Bumper cover support plate 1 Repl Bumper cover 1 Add for Clear Coat Deduct for Rear Bumper R&! Car Cover for Overspray 1 Flex agent 1 Hazardous waste 1 2 33.50 128.00 466~80 11.50 750.00 11.90 299.00 5.00 T 8.00 T 2.50 T 2.0 F 4.0 F 0.6 0.5 12.0 0.1 2.0 3.0 4.0 ~1 m 0.5 0.5 m 1.5 1.8 0.8 1.8 -1.6 0.3 2.3 0.9 3.2 -0.4 0.6 2.4 -0.4 0.4 1.8 -0.4 0.3 1.1 -0.2 0.2 2.6 1.0 ~~~ ~"~ 07/17/2000 at 04:49 PM 57097 Job Number: PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 20 BLACK Int: NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT Subtotals ==> 1901.20 . 34.1 15.4 Line 6 INCLUDES MOUNT AND BALANCE. TIRE IS: DUNLOP-SP SPORT 5000, P245/50ZRI6, 96W, M&S. BLACK. Line 19 INCL RT TRAILING AR~I AND ANTI-SWAY BARS. AXLE ASSY IS: POSITRACTION, DISC BRAKES, 3.23 RATIO. Line 27 INCLUDS R AND I SPOILER Parts Body Labor Paint Labor Mechanical labor Frame Labor Paint Supplies Sublet/Misc. 24.1 hrs @ $ 36.00jhr 15.4 hrs @ $ 36.00/hr 4.0 hrs @ $ 63.50jhr 6.0 hrs @ $ 38.00jhr 15.4 hrs @ $ 18.00jhr 1885.70 867.60 554.40 254.00 228.00 277 . 20 15.50 SUBTOTAL Sales Tax $ 4082.40 $ 4082.40 @ 6.0000% 244.94 --------------------------------------------'-------- GRAND TOTAL $ 4327.34 ADJUSTHENTS: Deductible 0.00 CUSTO~IER PAY INSURANCE PAY $ 0.00 S 4327.34 ., 3 ,'''- '" . .. . . 07/17/2000 at 04:49 PM. 57097 Job Number: PRELIMINARY ESTIMATE 1993 CHEV CAMARO 228 8-5.7l-FI 20 BLACK Int: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAI~I CONTAINING ANY MATERIAllY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COM~IITS A FRAUDULENT INSURANCE ACT, ~IHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES.THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OF REPLACED: D = DISCONTINUED PART, A = APPROXIMATE PRICE B=BODY lABOR D=DIAGNOSTIC E=ELECTRICAl F=FRAME G=GlASS M=MECHANICAl P=PAINTlABOR' S=STRUCTURAl T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT AlGN=AlIGN A/M=AFTERMARKET BlND=BlEND CAPA=CERTIFIED AUTO PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT' PRICE MULTIPLIED BY THE QUANTITY INCl=INCLUDED MISC=MISCEllANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP.=OPERATION NO.=LINE NUMBER. QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPl=QUALITY REPLACEMENT PART RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBl=SUBlET LT=LEFT W/O=WITHOUT W/_=WITH/_ # = MANUAL LINE ENTRY * = OTHER [IE..MOTO~S DATABASE INFORMATION WAS CHANGED]. ** = DATABASE LINE WITH AFTERMARKET N = NOTES ATTACHED TO LINE. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED A~10UNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIRHIENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING'REPlACEO. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. E.s';!.."'..ae.~ ::H...."lO,;i <:I:'. ~~O':o:>, c?.;...s;-; 'S:.ST!.~_;.!.W;:;' OJ:';;>::. t-',:):1o-_"'5::'e:;.s~ty) .!..t..e~.s a::ii> c.;:,r1.vlO:! tror:. t.~";l G'-l~ce C~lC093. Oat.5~aSii> Da~e 6/20~~. o~u~le ast.er~s%(..) ~~e~s in=.!..=a~e pa:::.s supplie: ~y ~ s~ppl.!..e= " o~"'e= "'~:!!.:'. ...~.~ c::.!..~:..:,.al e:;'':'::'p~e~:' ::\,3.::'..:;:a::'::.'..:;.:--e::. Po',,:;::':': :;::.:;:-, (ilJ ::.ee;:":'.s ~:-,::!.':':;a~e ~EI.:'.'..:;a.!. e:1.~::.1.e3, C....?A .:.~e::;s ~"";"" ~~"':: :;"\\'::o;:.:.:".!.e~ ::~:: :".:.~ a=-:.':': :::.:.:",.1.s~ ~~. :::::..... Ce::'=-.f.t.:.""~ .;''':;~-:> ?<:l.::::S ;".s3::>:;.f.a:;.f.~,.. NA::;'5 ?a:;::. N...:;;:-;:'e::s, ?::i.ees a:::;!. !..a":::<;:: 7.L::;es a::... P::;'.'':'='''~ :;'::;::; Na::::.'O:'.al ;.....:;:;; G.!.ass S~"':;::.:':.:.:;!!;:;i;:-,s:, 1:-.::. pa::::-......a:;..s - A p::~d'..:;,=:; 0:= C-:;~: .!:-,::::~=::;a:;.:.o:-. Se:';~:::;es I=-:.::. 4 . . 07/17/2000 at 04:49. PM 57097 Job Number: PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 20 BLACK Int: AFTERMARKET .PARTS SUPPLIERS 2 RECOND RT/Rear Wheel 16x8 s Part No. 18-86-05022U15 Price $185.00 KEYSTONE AUTOMOTIVE 1277 E. SCHAAF ROAD BRKLYN HGHT VILLAGE, OH 44131 (800)824-2486 (216) 398-7788 KEYSTONE AUTOMOTIVE 1000 ROOSEVELT AVENUE YORK, PA 17404 (800)524-4349 ( 717)843-8927 KEYSTONE AUTOMOTIVE BOX 3658 ROUTE 378 BETHLEHEM, PA 18015 (610)865-5553 (800)952-9109 II 5 ';-~~~"~ ~, -J-' ,,. --" 1,.'--" . . 0) ~ - GENUINE CHEVROLET .co .. .t'I'.'If~'o' ~ ...\hll' :',....i: f:.'I..' .':.. · ~~ "; ,", ,- '., - ',; t : , January 12, 2001 Dissinger and Dissinger 28 North llurty-Second Street Camp Hill, PA 17011 Attn: Matthew D. Strohm Re: Meade BuffIngton 1993 Chevrolet Camaro Dear Mr. Strohm: Please be advised that Mr. Bulfmgton's vehicle has been at Sutliff Chevrolet since July 17, 2000. The storage cost is $10.00 per day from date of drop off. The total cost as of tlle above date is $1800.00, 180 days @ $10.00 per day. If you have lUly question or comments, please feel free to contact my office. Sincerely. (~ d. n u.rn? Carrie L Nugent Body Shop Administrator " SUTLIFF CHEVROLET CO. BOX 1307 HARRISBURG, PA 17105 www.sutliffauto.com Yto-{J-- t?O/W~ ~ 13th & PAXTON STREETS PHONE (717) 234.4444 FAX (717) 234.6501 RT. 22 & DEVONSHIRE RD. PHONE (717) 541.5544 :,~~~ '-" -, 1-' '''W"IF'~'1'''~~''''1 ;~~ " , MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-276 CIVIL CIVIL ACTION - LAW BRADLEY S. ATANASOFF, Defendant CERTIFICATE OF SERVICE I, Matthew D. Strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the Amended Complaint upon the attorney for Defendant, Bradley S. Atanasoff, by First Class United states mail addressed as follows: Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Date: 2-/2-3/0 ( J1lJdt{~ ~~ Matthew D. S rottm, squire MEADE BUrriNGTON, III, Plaintiff v. BRADLEY S. ATANASOFF, Defendant TO THE PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01.276 CIVIL ACTION. LAW PRAECIPE Please mark the above-captioned matter as settled, satisfied, and discontinued with prejudice. / !i~_., Respectfully Submitted: By.~A11i Matthew D. Strohm, Esquire Attorney ID # 76724 Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 Attorney for Plaintiff .. -;-"'I!~ , MEADE M. BUFFINGTON, III, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYlVANIA NO. 01.276 : CIVIL ACTION. LAW YS. BRADELY S. ATANASOFF, DefendanVRespondent AND NOW, Thi, b!- day of 2001, a Rule is issued to show cause why Fred Hait, Esquire should not be r-ecused as an arbitor with respect to the above captioned matter. Rule returnable within ~ days Of service. o? ~.O\ \,' "I JUN 0 1 200~ J. i> ~ c- '''I , "- ." ,,_'~.~__"_'" .'_^' J. TIll! ~ ,'~ ~ __~_ v'l1!!f1.^,~ r.w',~,~ _ ~ ,- n_n,. ."__",,,. . ,,~.,'~ ~ :0 _ _.' '<i1N'V1\1J-.,$N\'I\3d ).J.NII08 (\i'-N'.t\'3t\\fo\IICl 9'1:\ V\d s- NIII In "I\.!' u'l~\'>!- \ "'-\~:r\ ::,".." J,C-\ f\O\l.L l'iV','-.,J,..'..;..J'"' .." '- ..",I "3'Ju~o-c~r\'\:\ ~ " ...,n ,..<. _~<~~~N:"'l"O:7"'""''''")I'_'iO',<"""P'i'i'WWia);~ ~~..~ ~, .' Jr, ..,..n, '.r...?"'9'_!> -,",<". - "~"'.~.~~ ._.".01"-".'" ....,... ..1. I. t:r':i:'>~<'-" I" .. .. 1- , MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V5. BRADELY S. ATANASOFF, Defendant NO. 01-276 CIVIL ACTION - LAW MOTION FOR RECljSAL AND NOW, comes Defendant, Bradley Atanasoff by and through his attorney, The Law Office of Darrell C. Dethlefs, who in support of the foregoing Motion, avers as follows: 1. Pursuant to the Order dated April 20, 2001, Fred Hait, Esquire, was appointed as the chief arbiter with respect to the above captioned matter. 2. Attorney Hait has been involved in a fee dispute with the undersigned counsel relative the Workers' Compensation matter involving Linwood Richardson v. Woolworth. 3. On May 7,2001, the undersigned counsel forwarded correspondence to Attorney Hait requesting that he voluntarily recuse himself with respect to this matter. A copy of said correspondence is attached hereto. 4. By his correspondence dated May 15, 2001, Fred H. Hait, Esquire, refused to recuse himself from the above captioned matter. 5. It would be in the best interest of all parties hereto due to the fact that there was a direct fee dispute, which involved litigation that directly between Fred H. Hait and the undersigned counsel that Attorney Hait be recused as an arbiter with respect to this matter. ,'f' ,1m' . WHEREFORE, Defendant respectfully requests that Fred H. Hait, be recused as an arbiter with respect to the above captioned matter. <~#?1 Michael J. Pyko . -- 10 # 58851 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 -"_f, , - '"_.~ r - MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Ys. BRADELY S. ATANASOFF, Defendant NO. 01-276 CIVIL ACTION - LAW fl I, Michael J. Pykosh, Esquire, hereby certify that on this :; $" day of May, 2001, a true and correct copy of the foregoing Motion was served upon the following by First Class Mail, postage prepaid: CERTIFICATE OF SERVICE Matthew D. Strohm, Esquire 28 North 32nd Street Camp Hill, PA 17011 Fred H. Hait, Esquire 17 East High Street, Suite 10 1 Carlisle, PA ]7013-0347 ";' 1fd'1t!! ~t--- ~ChaeIJ. PYkO~ ID # 58851 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717) 975.9446 '~- ._or~~~~~ ~ ___=1- ::.a -"'" ",," "~ -"', __"f~JIll:;_,,=,D!!nr ,~ll~~~<l!'l~~ ~', , ,.- ~ '" ""'e-. , ~ ,~. ",,' ", ',,' '., " " ''C, .", ,.",~,--" ilif'''ml'I'IitIilJIII!Il'rtfli' --< c,:::; ~--,'-' c:.' .0<:1 i"~) ; =, ~ ~ =Ci --< ,:,n i-v ~,' t!Wf1f.ol_\f>iil'l'>'i';%<;['f"~'Fi'J'm';,-P(~_'f1Jl!&~ ~, _,_._j,~,!lj!l~lni!l!l ~~tg!Im[llH[lU!~Q, __"du1 ~~ . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01.276 CIVIL ACTION - LAW MEADE M. BUFFINGTON, III, Plaintiff BRADELY S. ATANASOFF, Defendant MOTION FOR RECUSAL AND NOW, comes Defendant, Bradley Atanasoff by and through his attorney, The Law Office of Darrell C. Dethlefs, who in support of the foregoing Motion, avers as follows: 1. Pursuant to the Order dated April 20, 2001, Fred Hait, Esquire, was appointed as the chief arbiter with respect to the above captioned matter. 2. Attorney Hait has been involved in a fee dispute with the undersigned counsel relative the Workers' Compensation matter involving Linwood Richardson v. Woolworth. 3. On May 7,2001, the undersigned counsel forwarded correspondence to Attorney Hait requesting that he voluntarily recuse himself with respect to this matter. A copy of said correspondence is attached hereto. 4. By his correspondilnce dated May 15, 2001, Fred H. Hait, Esquire, refused to recuse himself from the above cilptioned matter. 5. It would be in the best interest of all parties hereto due to the fact that there was a direct fee dispute, which involved litigation that directly between Fred H. Hait and the undersigned counsel that Attorney Hait be recused as an arbiter with respect to this matter. :'-'f'!i_'" """""""' . .,' ~~- WHEREFORE, Defendant respectfully requests that Fred H. Hait, be recused as an arbiter with respect to the above captioned matter. /}:f#~;; Michael J. Pyko ID # 58851 Law Office of Darrell C. Dethlefs 3805 Ma rket Street Camp Hill, PA 17011 (717) 975.9446 ,-~l~ - .-'. .'; " '. MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Y5. NO. 01-276 BRADELY S. ATANASOFF, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE ii I, Michael J. Pykosh, Esquire, hereby certify that on this ,').. S day of May, 2001, a true and correct copy of the foregoing Motion was served upon the following by First Class Mail, postage prepaid: Matthew D. Strohm, Esquire 28 North 32nd Street Camp Hill, PA 17011 Fred H. Hait, Esquire 17 East High Street, Suite 101 Carlisle, PA 17013-0347 ;: f / /;;:>f';{~jji. c ,i///", ;:. ~ ( ,,' ichael J. Pykos ID # 58851 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 '(717+975-9446 ~t-- t:, ~ .~ , -t. - , , 1--- - . ,~ .~n ',i~ ~.~_, ,_,. _""'_'_'= .~"" .~"_,~=" v'" ... - --."". - 'T . ~ \\~@~~~:\ " ~~'{ ~ il "'~......"'.....'" ............. ......... ................ . " ,. ... "-- .>-.. ~.' -".~~~.,...,.,=~-"'" .V_I1~.~'l%l~",.'*ffl'~'!<'f,',,"~~~,,$l;j,~I!!W~ ~!1j!j!~~I~J1lPJJ."!l!I~lf_~~!1lirR~ij~~',.r i_,~f' ,1t':' "'" ---,-,~~ .- - --' ~-- - - ~ - ~ MEADE M. BUFFINGTON, III, IN WE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff NO.~ -tj4-~'2'6-1- 61. )..7 [" CIVIL }Q{ 2001 Defendant vs. BRADLEY S. ATANASOFF, 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: Matthew D. strohm , counsel for the plaintiff~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is$ 4,327.34 plus. storage fees The counterclaim of the defendant in the action is .'" The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Michael J. Pykosh, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~b1/Jkt ORDER OF COURT ANDNO~ c:zo ,j9{200]inconsiderationofthe furegoi,gp<ti'f" -.... .I!.~ &q.,' Esq., and m (?1 ~i!rtL--/ . are appointed arbitrators in the a actions) as prayed for PJ. I~, ~ , - j-' . i' Dr I I I ! [ I I I I " !l ~: II ~! ~! I~; " j: ,}J, <=T, i o. ~ '__r'. ~, ." '. 1~ ~ ~'^ ~ -~' ~ Vii\!';>\li\S!\\N:Jd "t\ifVY' ('" """"''','n'' Ai ,) !-'.'< ' "-.-:'::r\-. '-) t<~ :! :,Jd o::~ :",,:.;t Ii 1:1 ,;'j =~" lI'IIIlJi'!!l1! ~...,~~k_~,~ ~> -""",,C> -~ ,~~~ ~ ~.~-~ " ,~ ," <,-., -'-" r- ~ ~ :p .,..~. r<:- ........ ~~f} ~ \!'i :;(j / ....... & C(, C-r,,::, ~ "< ~ r.:::: 0<:) C) " ,- <..> ~ ~::~ , C' ,". ... ->(~~ 0-;' ;J \:' ::-..:: , :~~ ,.t-, '" (". ,. n , + Q v '" --l '" "\ ~i~:~:j!~i]~''''~''';r''c,_~,II!_",.",.=,~<~ " r~~",,1!ftlI~~,",~ " "~~-~.",- -' ," MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BRADLEY S. ATANASOFF, Defendant NO. 01-276 Civil CIVIL ACTION - LAW RESPONSE TO DEFENDANT'S NEW MATTER Plaintiff, Meade M. Buffington, III, by and through his attorney Matthew D. Strohm of Dissinger and Dissinger responds to Defendant's New Matter as follows: 15. Denied. It is denied the accident in question was caused by Plaintiff. 16. Denied. Plaintiff is without sufficient knowledge to know whether Defendant has failed to mitigate his damages therefore same is denied. 17. Denied. Plaintiff is without sufficient knowledge to know whether Defendant's claim is barred by the applicable Statute of Limitations therefore same is denied. Respectfully submitted, By: ~:tlLl Matthew D. Strohm, Esquire Counsel for Plaintiff Supreme Court I.D. No. 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 ~,_O" '__~, J ~ _", _~ II " VERIFICATION I, Meade M. Buffington, III, Plaintiff, have read the foregoing Response and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: J/ZO(OI r MEADE M. BUFFINGTON, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BRADLEY S. ATANASOFF, Defendant NO. 01-276 Civil CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Matthew D. Strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, Bradley S. Atanasoff, by First Class United states mail addressed as follows: Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Date: d3pl/tJI IJlhiU ; j il Matthew D. Strohm, Esquire < MEADE M. BUFf'lNGTON, III, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. BRADELY S. ATANASOFF, Defendant/Respondent NO. 01-276 : CIVIL ACTION. LAW NOTICE TO PLEAD TO: Meade Buffington c\o Matthew D. Strohm, Esquire Dissinger & Dissinger 28 N. Thirty-Second Street Camp Hill. PA 17011 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment will be entered against you. Date: ~-C[-O I ~~ 3805 Market Street Camp Hill, PA 17011 (717) 975.9446 ID No.: 58851 '"f1-- ~ " -1--. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01.276 CIVIL ACTION. LAW MEADE M. BUFFINGTON, III, Plaintiff/Petitioner BRADELY S. ATANASOFF, Defendant/Respondent ANSWER TO AMENDED COMPLAINT with NEW MATTER Defendant, Bradley S. Atanasoff by and through his attorney's Law Office of Darrell C. Dethlefs responds to Plaintiff's Amended Complaint as follows: 1. Denied. The Defendant resides at P.O. Box 257, Howard, PA 16841. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averment as set forth in paragraph three (3). Therefore, each and every averment of paragraph three (3) is specifically denied and strict proof thereof is demanded at the time of Trial. 4. Denied. It is denied that when Plaintiff began his turn there was no vehicle in the southbound lane of routes 11/15. Proof to the contrary is demanded at the time of the Trial. 5. Denied. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as the truth of the averment of paragraph 5. Therefore, each and every averment of paragraph 5 is specifically denied and strict proof thereof is demanded at the time of Trial. 6. Denied. It is denied that Plaintiff did not have sufficient time to get out of the way of the Defendant and his vehicle. '~,_t:~l . 'l'l'll _ ",~ ",..-, i !! I; ! II II 'fl il ii i' l( 1;1 I '~ li 1.1 II Ii Ii i' iJ """~,....,,~ "fl!I'l<~lilI'!!I..,,_o ... -,--,;~~~ ~ e '<1'-' ,~~~ ~ "< , ~<,- -~ -,., ~- ~-"" ,-- . ,,~>. "" _~ 1Il\U!!lf!:1Ii!II!I!i~'W",,"< >,~ ~~?J\'Rl!5"f'i118--":~f<7"~.~r,N'{"-r'-rr'P..'l~1'>,w.BIilW.!4t!~~~lh ,~, ~,- 7. Admitted. It is admitted that Defendant's vehicle struck the right rear of the Plaintiff's vehicle as a result of Plaintiff turning his vehicle immediately into Defendant's path. 8. Admitted. Is admitted that after the vehicles came to a stop Defendant approached the Plaintiff and asked him, "how do you want to handle this". 9. Denied. The Defendant avers to the contrary that the Plaintiff did not indicate that he wanted to wait for the police to arrive. 10. Denied. The Defendant avers to the contrary that the Plaintiff did not indicate that he was going to walk to a nearby bar to make a telephone call. 11. Denied. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averment of paragraph eleven (11). Therefore, each and every averment of paragraph eleven (11) is specifically denied and strict proof thereof is demanded at the time of the Trial. 12. Denied. Is denied that the forgoing accident and all the alleged damages set forth by the Plaintiff, are the direct and proximate result of the negligent, careless, wanton reckless manner in which Defendant operated his motor vehicle: a. Denied. It is denied that Defendant failed to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A Section 3361; b. Denied. It is denied that Defendant failed to keep alert and maintain a proper watch over the presence of other motor vehicles on the highway; c. Denied. It is denied that Defendant failed to apply his breaks in sufficient time to avoid striking the rear of the Plaintiff's vehicle; d. Denied. It is denied that Defendant failed to travel at a safe speed; e. Denied. It is denied that Defendant failed to keep a proper watch for traffic on the highway; - ., il " " i 'I <! ::; '1 ,'-I :i , i", !:-I I:.j il 1-; I' ~ t':] H II i: ~ [! " H r~l~ u.ni!lll1'lllll'!lll~'f~~p~_ .~ M , - -~~~ l~r~!ti.,(I!~'j'''"''''>'!~\''''';i'''''~l'''''\'.If''!;''<Il'~'!';f'~~lijj!ill~~~oP'Ji1K_J!f~ f. Denied. It is denied that Defendant failed to keep proper and adequate control over his vehicle; g. Denied. It is denied in such that Defendant drove his vehicle upon the highway in a manner endangering persons and property and in a reckless matter with careless disregard to the rights and safety of others and in violation of motor vehicle code of the Commonwealth of Pennsylvania; and h. Denied, It is denied that Defendant drove his vehicle in careless disregard for the safety of persons or property of violation of 75 Pa.C.S.A. Section 3714. 13. Denied. It is denied that Defendant in any way caused Plaintiff's vehicle to sustain $4,327.34 in damages. 14. Denied. It is denied that as of January 12, 2001, Plaintiff has accrued One Thousand Eight Hundred Dollars ($1,800.00) in storage fees for storage of his damaged vehicle for which Defendant is responsible. It is further denied that Defendant is responsible for any additional storage fees. WHEREtORE, the Defendant respectfully request that Plaintiff's Complaint be dismissed. New Matter Defendant, Bradley S. Atanasoff in support of his new matter avers as follows: 15. The accident in question was caused by Plaintiff. 16. Defendant has failed to mitigate his damages. 17. Defendants claim is barred by the applicable Statute of Limitations WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. Respectfully Submitted, //#~ ~ Michael J. Pykosh 3805 Market Street Camp Hill, PA 17011 (717) 975.9446 ID No.: 58851 ~f11 ~yr ~ ,~., ", < ~ --~ ~ " , MEADE M. BUFFINGTON, III, Plaintiff/Petitioner Ys. IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-276 : CIVIL ACTION - LAW BRADELY S. ATANASOFF, Defendant/Respondent VERIFICATION I hereby verify that the statements of fact made in the foregoing ANSWER TO AMENDED COMPLAINT and NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: ~A~'fp,J! (l;tm~ B DLEY A ASOF "~I""]I~ , 'F" - ,'__n ~~~ ~ ~ u I ~ ! II i , I II I ! ~. ! l. Ii II I, I H ~~_."^ " _-,.",."~".,^,,~...~.,,~:,,,;v .'- ,~ ~,,~~. ~ _'1""''''''''''~ .~-~, ~,' ~,- .c-~ ,'~-" >. ~ ~.~ -0 ~fi tpN" t3:i/ f2~ l8 ~ :< ~~~mlW;!IR'*!!'~J!ilj!';m_, tn '0 , D - C") 1'1 .:J:: :t~!l!o ;;0 I \.0 -" -~. -, is> -'.1 '-"7)d! ~-U2J '::1(1., '('."F O-ri ?.:o Om };! :0 -" ,,~')lJI: " ,-"T'~, -,,-'?-':'"