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HomeMy WebLinkAbout08-0087r_- 1.. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland COMMON PLEAS No. DS- $'? C iv. ( erm 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 referenced below. NAME Or APPELLANT uooavltle rlutua.L uasua.LLy V G-DtsT- ?- NAME cw U.J. Kseniya A. Thomas & Carol Ann Johnston 09-3-04 Thomas A. Placey 154 W. Pomfret Street, Apt. 1 12/13/07 Carlisle NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT PA 17013 eth Ann Delbaugh Sondun of P-&--t-y a Deputy DOCKET No. UR OR ATTORNEY OR AGENT Margolis hdelsteln CV-0000505-07 3510 Trindle Road S e . Banko, Jr. Camp Hill, PA 17011 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL.. 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.D.J. 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 Beth Ann Delbaugh Carol Ann Johnston, et al. appellee(s), to file a complaint in this appeal Name of apps Ws) (Common Pleas No. within twenty (20) days a se ' f rule or suffer entry of judgment of non pros. 1 Step e L . anko , J r Signature of appellant or affomey or agent RULE: To Beth Ann Delbaugh appellee(s) At y. ID. 41727 Margolis Edelstein Name ofappe#Ws) 3510 TrlindleARoa7d (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty $%Tgays a7ter'the date of selrvice 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: '6. q . 20 g SOW- .0 ary or Dw* YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofaffiant Signature of official before whom afdevit was made Title of official My commission expires on 20 m O C._ m ri rT1 rr- r n -? o ? N *~1 ?ov- U_V And •.. - ' • -.-- 7 r, •'^,` + t ?- .. •' ?.,. a. .v w. r.K t ..•?rr.,?4:; e.., i...:.+'i 1K•gIM! ,. ?. nil. -' ? 1' ' ., ' t ' • ',' ' COMtaOryWFAITH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT rant 1hITY clF nbldZiLm CIVIL CASE i'•J . .Ir PLAINTIFF W ME and ADIAMS rDBLBAU M, "M Am ,22 r*ABTWOOD 10tM CARLISLE, PA. 17015-9799 L -? VS. oe amANT ' • , MAW and ADDRESS rJoHB8r05, 'C&RbL AM, ET AL. ;' . ' 154 N. PONFRAT ST' CARMOLE, PA 17013 L J QOODVILLB MOTVAL CASUALTY COMPANY 62S MOT M KIN ST Docket No CV-0000505-07 P.O. Box 489 Date Filed 8/09/07 X= 31OLLAW, PA 17557-0489 / THIS IS TO NOTIFY YOU THAT- D1IrAVL4up Judgment PLTF 1 "(pate'b ' 1Z/13J07- . Judgment f?udgment) . , - - 0 was entered for (Name) DZMW M, RIM AM ® Judgment was entered against Name) 000DVXLLE MUMAL CANUaTY COMPANY in the amount of $ 6100 E] Defendants are jointly and severally liable Damages will be assessed on Date & Tuna This case dismissed without prejudice E] Amount of Judgment Subject to Attachmen642 Pa C S § 8127 $ Portion of Judgment for physical damages ansmg out of residential lease 4 i ANY PARTY HAS THE RIGHT TO APPEAL. WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL. VM THE PROTHONOTARYI'CIERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION YOU MUST WCLUDE A COPY OF THIS NOTICE OF JLIOGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL , • '. EXCEPT AS OTHERWISE PROVIDED N THE RULES OF r PROCE ?L M T •1 '•. ' ' • . . K IN THE OF COMMON PLEAS, ALL FURTHER _MUS COdiE ?FRQM? iE of ?NMOt/ PI.EAS"?W F?1R ?ROCEss MAY i0E 1S D BYTIE MAGISTERIAL olsT?iLCT JuDGE? UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COIMION PLEAS, ANYONE INTERESTED IN THE JUDGMENTIMAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMISIT DEBTOR PAYS IN FULL.,, • SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT r! Judge R • t ' Dote ;1?Aagtzterlal Daik . I c ef* that this is a true arycorrect copy of the record of the p ings o?I?Ibr nmg the j4dgment,;• `. . I Date MagWenal District Judge . ; My commission expires first Monday of January, 2010 SE?L• AOPC 315-07 DATB PRXXTSD: 12/13/07 11:23:00 AN .1?? ,?'.T\I.T •'1'// 1 'M./. .. r ' ,ary.a•. ly..N. fN.+V1 p..\i a,J'< ?\• ii- 07 10:16 AM ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF I M. 0M W 4wfV• . a , , . • .,!t ? `YJ aWl 1. FIR•.. f\• 4. ,lR f,?J/1! •^W'IR?1'(•1,? E t? M W Nome Hoc TBOYAS A. PL&M Ad" 104 0 SPORTING BILL RD UNCRANICSSt+ RG, PA ieievi,aK (717,) 761-8230 "!",-1705d' ,1 QOODVILLB KUTUL CASUALTY COftftPAW 625 MUT SAM ST P.O. 801 489 MW BOLLM, PA 17557-0611119 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF KWE SM ADMSS riRLMUM, sass AST 22 AhOTNOOD Da=ve 1 CARLISLB, PA 17015-9799 L J VS DIFENDMIT NMAE &W A0 MM, FJOHBSTO]IT, CAROL A=,, 'sT AL- 254 M. POIILFBBT ST ChILIMM, PA 17013 L J, Docket No CV-0000505-07 Date Fled 8/09/07 Ram - THIS IS TO NOTIFY YOU THAT -12/13/07 r ' t s FOR Pli11WI1 1 _ (D,ate nf`i,Iudgment)-- ` - - Judgment a Judgment was entered for (Name) DSLBAUM, X= AM © Judgment was entered against (Name) T• ETA A 2 133 i . in the amount of $ Amount of Judgment 1.00 25 $132 •, Defendants are jointly and severalty fable Judgment Costs ment d J . $ ., E] Damages will be assessed on Date & Tune u g Interest on Attorney Fees '-? This case dismissed without prejudice Total $ 133.25 • 0 Amount of Judgment Subject to Attachment142 Pa C S § 8127 Post Judgment Credits t Costs d J $ $ , gmen u Post Poifion of Judgment for physical damages ansing out of died Judgment Total $,_ residential lease ... wTsiw 30 DAYS AFTER THE ENTRY OF A=Mff BY RUNG AAP PPPEALLWWITHH THE PROTHONOTARYACLW OF THE COURT OF COMMON PLEAS DIVISION YOUR NOTICE MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WJTH YOUR NOTICE OF APPEAL. ?• - EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF cm PROCEDURE FOR MAGISTERIAL DISTIECTJUDWA IF THE :_4UOQMENT WX QME!? ' TO ENTER THE JUDGARNr IN THE COURT OF COMMON KEAS, ALI, FURT? Pe04? .... COME FROM THErO NT of COMMON PLEAS ANDIb WHER PROC W MAY LSE BY THE7MAQI9TERIAI iS? JUDGE UNLESS THE JUDGMENT M ENTERED IN THE COURT OF COMMON PLEAS. ANYONE INTERESTED EC THE JUDGMENT MAY FILE A ttEOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL OISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES; OR OTHERWISE COMPLIES WITH THE JUDGMENT :• rJl a% t a ? _ 1 1 ' Date I certify that this is a true '• •itl,k?llY?t,}flfflfi . 1 11 ? i i f+'i ? v - • S _ - ?- Maaistenal Distnct;Judge zz.-"'; t i Date _ correct copy of the record of the s . rntaanmg the judgment Magistenal District Judge t My commmm expires first Monday of January. 2010 SEAL AOPC 315-07 VA" pgsllhreu: 12/13/07 10:56:00 AS i '. .12j1 X00710:16 AM COMMONWEALTH OF FYLVANIA COUNTY " 00 No 09-3-04 Ww"S" No TBOMW JL. PL&CEY= Add,M 104 8 0"IML1 Zcosm , PD T(717) 761-9230 17050 XVML CI?SM"T C01[P111R 625 UNIT 30a3 OT P.O. P11 17557-0499 ow Houu, NO-nCE OF JUIXIMEN ITRANSCRIPT CIVIC CASE E ne AWRM --1 ? nlNn? 8? ? DgL811 m, 22 MSTNOW DR M C»LISM, pJL 17015-9799 J L. VS. D6FENDANT NAM uW ADOR -? 1-JOWSTON, CJMOL Am, ST 154 W. POKrM 'OT 7013 C M1gLS, J L Docket No CV-0000505-07 Date filed 9/09/07 12/13/01 Tt#S IS I NOTIFY YOU THAT' (Date of Judgment) Judgment 11?>M a Judgment was entered for (Name) DSL81?a• 05,11, Judgment was entered against 133 k- in the amount of $ JOWN y, CML am Defendants are )ointly and severally liable ? Doges Will be assessed on Date & T El This case dismissed without prejudice Amount of Judgment Sub)ect to Attachment/42 Pa C S § 8127 $ El portion of judgment for physical damages arising out of residential lease Amount of judgment sts C 1.00 $ o Judgment interest on judgment $ Attorney Fees --" -" -? $ irr 3•Z5 Total post judgment Credits $_.-------- $ ------ Post Judgment Costs _---- Certified Judgment Tote! $ _?------ THE OF JUDGMENT By FKM YOtJ NOTICE ENTRY ANY PARTY HAS THE RIGHT TO APPEAL WRNIN 30 DAYS AFTER COMMON PLEAS, CNN. MOM OF APPEAL WITH THE 0ibTlWNDTARYlCLERK OF THE APT FOAM WRN YOUR NOTICE OF APPEAL PJAL DISTRICT JUDGES, IF THE MUST INCLUDE A COPY OF TINS PROVIDED I IN THE MILES OF I FO W40 PLEAS, ALL PJR MR MUST iii?k EXCEPT AS OTWR1I JUDG -W ENTER In JUOGMEW PCOM ROCES MCOI AY SUED BY TH N THE gOGMEW MAY FILE COME FROM THE COURT OF E COMMON D IN THE COURT PLEAS, MTRICT ? ANYONE E IF DMENT PAYS IN FULL, VM TM UNLESS THE JUDGMENT 1S ENTEAE A REQUEST FOR ENTRY OF SATiSFACTIOTIHIT"E ? SETTLES, OR OTHERWISE COMA - Date of the record of the ?tll'••l. rrr? ??•• ? ? ? GIs r ^ w c~ •= .Magisterral DrstndJL k w ? s coot mini the judgment; I oerafy that this is a true air spy Magisterial District Judge _ Date of January, 2010 MY commission expires first Monday AOPC315-W nhn pR=M9 12/13/07 10:55 s 00 AN SEAL 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 of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swea?(?firrrtrthat I served a copy of the Notice of Appeal, Common Pleas )'g-9 , upon the District Justice designated therein on (date of service) v 7 , 20 08 , ? by personal service W by (certified) (registared) mail, sender's receipt attached hereto, and upon the appellee, (name) h q y14 1>t I , on V ? 20 of ? by personal service .? by (certifiedl.(xegiste ) mail, sender's receip attached hereto. n RMED D UBSCRIBED BEFORE ME ,SAY 20 ca Y ' y J: 1%A? o'FttSl? expires / Sig tune ofaffiant I ?/"+ VVV l ???+++ q 0?7 COMMONWEALTH OF PENNSYLVANIA W Notarial Seal JoAnn E. Nelson, Notary Pubic Hampden Twp., Cumberland Cotg*Y My Commission Expires Jtme 19, 2008 Member, Pennsyly- .?ssociatlon Of Notaries COURT OF Judicial DisWct, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT PLEAS No. 08 - 87 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 referenced below. NAME a APPELLANT .#*G. DIET. No. NAME OF D.J. Ksen:Lya A. Thomas & Carol Ann Johnston 09-3-04 Thomas A. Pla.cey ADDRESS OF APPELLANT 154 W. Pomfret Street, Apt, 1 Carlisle PA STATE 17013 LAM t cm ,nn'wmn r x. -- 12/13/07 eth Ann Delbaugh LL-InCarol Ann Jor nston, et al. CV-0000305-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDERS to the judgment for possession in this case. S0nsft re o/ Plop wwWy -DWAy 3510 Trindle Road Basnko, Jr. Camp kill, .PA 17011 was CAN (we Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED WWVn tw&* (20) days after ftv the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COM IANT AID RULE TO FILE (This section of form to be used ONLY wtw appellant was DEFENDANT (see Pe.R.C.P.D.J. No. 1001(7) in action beibre District Justice. IF NOT USED, detach from oapy of notice of apptbal to be served upm a ppelee• PRAECIPE: To Prothonotary Enter rule upon Beth Ann Delbaugh appeNee(s), to file a coMPIOW this agPesi -- Name of appoffee(s) within rule or sl; el entry nallt Of Mon, Praa^ (Common Pleas No. ir- 87 ?, Vt? ) Wm* t20) days 71,1 Ste a L. auko, J r .sOwL" °fa?9geElwf -aM qWW 0 a RULE To Beth Ann Delbaugh ,appeHee(s)At y. ID. 41727 MargolL; 1:ddlatei4 351@ Trindle Road Name of appeaws) Cramp Hi 1, FA 17(?ll; (1) You are notiW that a rude is hereby entered upon you to file a complaint in this appeal within twenty (20) gays akr the date of service of this rule upon y ? y p onal service or by de ed or r e 'mall. (2) If you do riot Me acol faint Within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AOAIMBT YOU, (3) The date of service of this rule. #ervice was by mail is the date of to mailing. Date: tl Nf a YOU W?n4 :Uw;irk COPY OF THE NOTICE OF JUI NTfTRm11Ci T Ft t+ iTH THIS NOTIM OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO sE FILED WITH PROT~TAFTY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY To 13E SWA D ON APPMEE GOLD- COPY TO K SONED ON DISTRICT JUSTICE I - w a- m ru , t3 Postage $ • Ir r-a Certified Fee ++ -- p? ? W 5 1 l C3 Return Receipt Fee 50 3 Postmark Here t-I (Endorsement Required) . O r O Restricted Delivery Fee (Endorsement Required) Q Total Postage & Fees $ f • 5 Y C3 Ln ,-a Sent To Thomas A. Placey, Magisterial District Judize -------------- -- = -- -- ------------------------------------------------------- Strbat, Apt. No.; or PO Box No. 104 South Sporting Hill Road C3 O -- ----•----- ----- - city-State, ZIP* 4 1NtreTwtics?x?, FX .................. - tt r I PS Form .3800, May 2000 y C3 Postage $ ,H1 ? Y r' • r-I Certified Fee LP.15 G Postmark Return Receipt Fee 3 • 4 Here I-q (Endorsement Required) C3 C3 Restricted Delivery Fee C3 (Endorsement Required) L7 Tota1 Postage a F. $ W • J L ?n font To Ms. Beth Ann Delbaugh r-I C7 Street, Apt. No.; or PO Box No. Q ° 22 Eastwood D+nYt -------- --------- - --------------------------------------------------- O crfy srare, Z"+ 4 Carlisle, PA 17015 r- Cbi? k' o -? i c C=l CID nIr- 1 ?. cs? -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANN DELBAUGH CIVIL DIVISION DOCKET No. 08-87 Plaintiff COMPLAINT IN CIVIL ACTION Filed by the Plaintiff Vs. Carol Ann Johnston, Kseniya A. Thomas and Goodville Mutual Casualty Company Defendants Counsel of Record for Defendants Margolis Edelstein Harrisburg Office 3510 Trindle Road, Camp Hill Pa. 17011 Complaint of Plaintiff On the evening of July 29, 2007 (Friday) at approximately 9:30 pm, the plaintiff, Beth Delbaugh was traveling South at the intersection of Hogestown Road (Route 114) and Carlisle Pike (Route 11) in Mechanicsburg, PA. While sitting at a complete stop at the traffic signal located at 6520 Carlisle Pike, Mechanicsburg, PA, the plaintiffs vehicle, a 2005 Honda Accord EX was bumped in the rear by a 2000 Lexus RX300 driven by a Kesinya Thomas and owned by Carol Ann Johnston. At the time that impact occurred, the traffic light was red and there was one vehicle infront of the plaintiffs vehicle at the traffic signal. There was a small median area directly to the right of the plaintiffs vehicle and another lane of through traffic directly to the left. Upon impact the two passengers in the plaintiffs vehicle and the plaintiff viewed two females in the Lexus who were observed to be glancing at each other, carrying on a conversation, smiling and laughing. Impact was not hard but enough that the plaintiff immediately stated "they just hit me." The plaintiff decided not to exit the vehicle as the light would be changing to green and she would be exiting into passing traffic to the left. The plaintiffs vehicle remained stationary for several seconds after the light turned green and the 4 way hazard signal was initiated at that time. Eye contact was maintained by the passengers with the defendents vehicle behind during the entire incident. After several seconds longer the plaintiff pulled the Honda Accord directly into the median on the right hand side. As the Honda pulled into the median area, the Lexus proceeded past the Honda and continued South on the Carlisle Pike at which point their license plate number was obtained. As the plaintiff could not safely exit the vehicle where it was located on the median area and lighting was poor to access any damage, the plaintiff decided to go to the Silver Spring Police Department. However, as the plaintiff approached the police department it did not appear that the lighting there was adequate and so the plaintiff proceeded to the car wash located next to the police department where there was adequate lighting. Scratching to the rear driver side bumper was observed. There had not been any scratching to this area prior to this incident. It is noteworthy to indicate that the plaintiff is very aware of this damage being new because there was previous damage to the rear of the vehicle previously which had caused the plaintiff and several others to have examined quite closely this area of the vehicle many times in the past months and become quite familiar with pre existing scratches or damage. After determining that there was damage to the vehicle and that it should be reported, the plaintiff proceeded immediately to the Silver Spring Township Police Deaprtment to report the incident. The plaintiff and her passengers were met there by Officer Grunden who obtained the plaintiffs information and account of the incident and located the owner of the Lexus. When Officer Grunden contacted Carol Johnston by telephone, it was learned that while she was the owner of the vehicle, she was not the individual that had been driving the vehicle at the time of the reported incident. Carol Johnston had not been present at the incident. Officer Grunden requested that the owner come immediately to the police station to respond to the report. Approximately an hour later, the owner, driver and passenger of the Lexus RX300 arrived at the police station and met with Officer Grunden. The plaintiff had previously brought to Officer Grundens attention that there was prior damage to the rear trunk of the Honda by the license plate. It was at a different area than the scratches on the bumper which were caused by the Lexus and was slightly rusted, again showing proof that it was from a prior incident. Office Grunden examined the Lexus and the Honda. Officer Grunden completed his report and indicated on the paperwork that was provided to the plaintiff and the defendant that the operator of Unit 1 (Lexus) was at fault. Additionally, on the complaint report that Officer Grunden completed, it is clearly notated that there were minor scratches on both vehicles. Plaintiff reported the incident to the defendents insurance company, Goodville Mutual Casualty Company. Plaintiff was contacted by the appraiser of Goodville Mutual who arrived at plaintiffs residence and performed an inspection of the damage to the Honda. Plaintiff also received an accident report questionnaire from Goodville Mutual which was completed and returned to Goodville Mutual as per their request. On July 14, 2007 the plaintiff received a letter in the mail from Goodville Mutual indicating that the account of their insured and the plaintiff were conflicting and since the plaintiff had no evidence to support the claim, coverage would be denied. The defendant indicated to her insurance company that she was not involved in an accident with the plaintiff and did not cause any damage to the Honda. Plaintiff telephoned Goodville Mutual to discuss their denial and was told by Lisa Hoover/claims representative that their insured and driver of the vehicle were both indicating that they did not cause the damage to the Honda and there was already damage to the Honda at the time of this incident. Plaintiff indicated that she had a police incident report that could be forwarded to them to support the claim. Lisa Hoover said that the report meant nothing as it was only the officers report of my claims and he was not present at the time of the incident. Plaintiff clearly stated that there was prior damage to the Honda but that it was at a different location on the vehicle than the scratching and that Plaintiff was not asking for coverage of the prior damage, only that which was caused by the driver of their insured. Lisa Hoover again indicated that Goodville Mutual believed the claim of their insured and would continue to deny liability and payment of the damage that occurred to the Honda on the evening of June 29, 2007. Judgement was found in favor of the plaintiff, Beth Delbaugh against Carol Ann Johnston Kesinya Thomas Goodville Mutual Casualty Company by District Magistrate Thomas Placey. Due to an appeal by the defendents, it is now necessary for the plaintiff to file a complaint in the Pennsylvania Court of Common Pleas and request the following: Wherefore, the plaintiff, on her own behalf, requests that this Court grant the following relief: 1. That this Court award the cost of the estimated repairs of damage incurred to the plaintiffs vehicle due to the impact caused by the defendents vehicle. Additionally, that the plaintiff be compensated for the cost of a rental vehicle to be utilized while the repairs are being completed to the plaintiffs vehicle over the course of a two day period. 2. That this Court award plaintiffs' court related fees and costs of suit from the time of this incident to the present. 3. That this Court award plaintiffs' loss of wages and travel costs due to the necessity to be absent from work and travel in order to obtain and file documents, obtain estimates and appear at various suit related meetings. VERIFICATION I, Beth Ann Delbaugh, have read the foregoing Complaint in Civil Action. The statements Contained herein are correct of the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. L"n Date: 1- 28- n8 _R ?I Beth Ann Delbaugh ( L ONWEALTH F PENNSYLVANIA :COUP OF COM N PLEAS NOTICE OF APPEAL Judicial DlsUict, County Of Cup; t, r :; FROM DISTRICT JUSTICE JUDGMENT t COMMON PLEAS No. t)lj - NOTICE OF APPEAL iV+j rl?? t+ dU* is given that the appellant has flied in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on 44,*e' and in the case referenced below. y q J. s: :'2yt Lb L: @1: 1 „V&. Dgg?ST. NO. NAME OF D.J. tsuiva A, Tbou ss ? C6 ro t. A:, v i.J :• 3'" 7° v*! ?.?a : „..:A s ? e ^ i. 434 W. Pomfret Street, Apt. 1 +WEflj F iUSS1W- IN THE CASE OF (Flak Carlisle . }1gO0r'T•NO. notation is required under 1'tfi13 r RE , PPEL ANT OR ATTORNEY OR AGENT '1we l te-1. 1 3:. a'lfil Road E: 4« r w - ..$l1,' PA 11,011 was R. in action .DJ. No. 10M. lance of Appeal, when received by the District Justice, will operate as a RSEDEAS to the judgment for possession in this case. Soiatm or Awhonobry or D" before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach frorn copy of notice of appeal to be served upon appellee. PRAJECIPE: To Prothonotary Enter rule upon hez.b A; D* Lh utyh appeffee(s), to No a complaint in this appeal Name of appofte(s) ;( Ple No, ,as t ptif! 4 rtl 'r hi- a ." .Slgn&V&orappeAVntorafrorneyaagetu RULE: To Beth Ann Delbeugh ,appellee(s) At:t)t •? 1D• 417 .' et rollE delste r 3>1 Tri dle 1 d Name of appeNee(s) Camp bill, FA 17011 (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service Of this "rule uponydi,*,, pAonal service or by certified or registered mail. (2) If youK'do jW fird a-cod%plaint.within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3,?r Tto-late, of service of this rule .f service was by mail is the date of the mailing. Date: SOW- ? Deputy YOU'41? )S" 4NC? UPJE A CQPYOF THE NOTICE OF JUDGMENTiTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE COMMONWEALTH OF PENNSYLVANIA NOTICE' OF JUDGMENT/TRANSCRIPT rCll INJTV nF.' Ct B$xLAND CIVIL CASE Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACBY 'Address: 104 S SPORTING HILL RD MECHANICSBURG, Ply Telephone: (717) 761-8230 17050 PLAINTIFF: NAME and ADDRESS rDELBAUGH, BETE ANN 22 EASTWOOD DRIVE CARLISLE, PA 17015-9799 L J VS. DEFENDANT: NAME and ADDRESS rJOHNSTON, CAROL ANN, ET AL. 154 W POMFR.ET ST CARLISLE, PA 17013 L J BETH A. DELBAUGH 22 EASTWOOD DRIVE Docket No.: CV-0000505-07 CARLISLE, PA 17015-9799 Date Filed: 8/09/07 TO NOTIFY YOU THAT: THIS S DEFAULT JUDGMENT,,PLTF 1,4/13/07 (Date of. Judgment) ujment: ® Judgment was entered for: (Name) DELBAUGH, BETH ANN ® Judgment was entered against: (Name) GOODVILLE MUTUAL CASUALTY COMPANY in the amount of $ 761.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 628.79 Judgment Costs $_ 132.23 Interest on Judgment $ -00 Attorney Fees $ • Total $ 761.04 LPost Judgment Credits $ Post Judgment Costs $______ Certified Judgment Total $ 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 YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE ;PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMEN `lttTHIE COUL3T OF?EOMMON PLEAS ;ALL FURTHER PROCESS; MUST COME FROM THE'COURT & EOMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. la-B Date , Magisterial District Judge I certify that this is a true a correct s the record of the pr ceedings containing the judgment. Ia. _12I" O:J_ Date , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 12/13/07 .11:23:00 AM COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT ,.,,, ,??T., ??. CUMBERLAND CIVIL CASE 09-3-04 I. I`MDJ Name: Hon. THOMAS A. PLACEY Address', 104,S SPORTING HILL RD MECHANICSBURG, PA. Telephone: (717) 7,61-8230: 17050 in the amount of $ 133.2 PLAINTIFF: NAME and ADDRESS [DELBAUGH, BETH ANN 22 EASTWOOD DRIVE CARLISLE,- PA 17015-9799 L J VS. ,DEFENDANT: NAME and ADDRESS rJOHNSTON, ^ ., CAROL ANN, ET AL. f 154 W P6XFRZT ST CARLISLE, PA 17013 L J BETH A. DBLBAUGH 22 EASTWOOD DRIVE Docket No.: Cv-0000505-07 CARLISLE, PA 17015-9799 Date Filed: 8/09/07 THIS IS TO NOTIFY YOU,THAT: FOR NTF t (Date of!Judent) Ju ment: ® Judgment was entered for: (Name) DELBAUGH, BETH ANN ® Judgment was entered against: (Name) JOHNSTON, CAROL ANN Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time 0 This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ L. "" 132.23 Judgment Costs Interest on Judgment $ $ 00 Attorney Fees, $ Total $ 133.25 Post Judgment Credits $ ,Post Judgment Costs $ Certified Judgment Total $ 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS w OTHERWISE DGES, IF THE OI OMMON'PL lt3A A DISTRICT -FURtHER 0"E?SS?M1JST JUDGMENT HOLDER E EC? ?Sf TO EN: I TMi JUDCNIL F CIVIL PROCEDURE COME RROIMI THE COURT-01= 66MIM 1- PLEAS AND ISO RTHE t P46 GE?Ai4Y B "1S ut wv THE MAGISI'iRIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR. OTHERWISE COMPLIES WITH THE JUDGMENT. l a-1'3'O Date i certify that this is a true 1 a.-13.07 Date My commission expires first Monday of January, 2010 01 Magisterial District Judge dings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTZb: 12/13/07 10:55:00 AM COMMONWEALTH OF PENNSYLVANIA rrnl InITv np• CUMBERLAND Mag. Dist. No.. 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 88TH ANN rDELBAUGH , 22 EASTWOOD DRIVE CARLISLE, PA 17015-9799 L -? vs. DEFENDANT: NAME and ADDRESS FJOMSTON, CAROL ANN, ET AL. 154 W. POMFRET ST CARLISLE, PA 17013 L J BETH A. DELBAQGH 22 EASTWOOD DRIVE Docket No.: CV-0000505-07 CARLISLE, PA 17015-9799 Date Filed: 8/09/07 THIS IS TO NOTIFY FOR JLAt?iDiTIF Judgment., F _ (Date of Judgments ® Judgment was entered for: (Name) DELBAUGH, BETH ANN Judgment was entered against: (Name) THOMAS, BSENIYA A in the amount of $ 133.2 Amount of Judgment $ 1.00 Defendants are jointly and severally liable. Judgment Costs $ 132.23 Interest on Judgment $ • Damages will be assessed on Date & Time Attorney Fees $ 00 This case dismissed without prejudice. Total $ 133.25 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $---'---_--'I Post Judgment Costs $ l+ I Certified Judgment Total $ - 1 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 -COWITH YOUR MMON PLEAS, ALL FURTHER P PAOC EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL IF THE JUDGMENT HOL[?lER ELECTS TO ENTER'THE JUDGMIEN N THE COURT 00-bFOR MAGISTERIAL OM ON PL T O ? ED BY DIHERTHER FtOCESS-14?UST?. COME FROM THE COURT OF COMMON PLEAS AND NO II?RTHER IAL DISTRICT JUDGE UNLESS THE JUDGMENT .IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - Date , Magisterial District Judge I certify that this is a true copy of t r cord of the p dings containing the judgment. a? 13-01 Date , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED`':. 12/13/07 10:56:00 AM BETH ANN DELBAUGH, Plaintiff V. CAROL ANN JOHNSTON, KSENIYA A. THOMAS AND GOODVILLE MUTUAL CASUALTY CO., Defendants FACTS FROM TRIAL District Court 09-3-04 CV-0505-07 Plaintiff is the owner operator of a 2005 Honda Accord EX that on 29 June 2007 had prior minor rear end damage, involving the trunk, estimated at $483.63. On the 29t'h Plaintiff was operating her vehicle approaching the west bound light of the Carlisle Pike entrance to Wal-Mart. While stopped at the light, Plaintiff felt a bump from the rear, looked and saw two people in the vehicle behind her engaged in conversation. Plaintiff pulled to the unused center portion of the road, attempted to signal the other driver, who continued through the now green light, where Plaintiff got the registration. Plaintiff went to the police station a few blocks away, viewed what appeared to be fresh damage under the lights of the next door car wash, and reported the incident to the police. The police investigation determined that the vehicle belonged to Johnston was being operated by Thomas and insured by Goodwill.' The officer noted minor new damage to the rear of Plaintiff's car and minor front end damage to Defendant's vehicle. The damage was related as small and scratch like.2 Defendant Thomas was operating the Lexus RX300 on the Carlisle Pike going to Carlisle, saw the Plaintiff pull over assumed she was lost and went home only to return when summoned by the police. ThomcIs did not feel any contact nor see the scratches described by the officer. Plaintiff's second estimate, which includes some work contained in the first estimate, is for $352.86 and was done on 30 July 2007 at 11:30 a.m. Defendant's appraisal, dated 6 July 2007, for both vehicles found "minor scuff marks" on Plaintiff's car and "two small dimple marks" on Defendants' vehicle that ""appears like license plate screw marks." There is no estimate to repair either vehicle in this appraisal. W0111110*100,4 L*"3V*4xI2t 1W ` Goodwill did not appear at trial. Pursuant to Court Rule a default judgment is entered against Goodwill in the amount of $628.79. Also noted is that Johnston and Thomas were unrepresented. 2 The officer properly did not cite anyone from this incident. DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant breached a legal duty, which has resulted in measurable but mitigated damages. The duties in this case are found in the Vehicle Code. It is found that there was a minor and momentary contact in violation of the Vehicle Code, which gives rise to civil liability but absolutely no liability under the criminal side of the Vehicle Code. The remaining issue is the amount of liability for the remaining two Defendants. The law requires the damages to be mitigated, which is not indicated in the claim amount or the estimate. Plaintiff cannot recover twice for the same repairs as would occur if the second estimate where to be found as the full amount of damage. The law does not permit recovery.as damages trial preparatory work or attendance at trial. In recognition of the breach but with a showing of reasonably mitigated damages only nominal damages are awarded joint and severally against the remaining Defendants. Judgment is in favor of Plaintiff in the amount of $1.00 together with the costs of this action against Defendants Johnston and Thomas. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting party. 13 DEC 07 _ 11 1 Date Thomas A. PI cey M.D.J. cca { ITI PROOF OF SERVICE OF NOTICE OF COMPLAINT IN RESPONSE TO A NOTICE OF APPEAL County of Cumberland Commonwealth of Pennsylvania I hereby swear that I, Beth Delbuagh, served a copy of the notice of Complaint, common pleats, upon the Margolis Edelstein to the attention of Stephen Bm*o, Jr. - attorney on February 11, 2008 by United States Postal Service ground mail. Signature of plaintiff Date ,;? -1O-C->,E) ? s ?,Qw m N 3 y m mNa D°? a v O 1 r ? o (T rb U WHffE- CWW FILE To? ? FWi?pR07#?dNOTARY - p "_' PINK - COPY TQ BE ?I* APPELLEE GOLD - COPYTD R `fi JI15T1CE . , -TI .t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beth Ann Delbaugh, DOCKET NO. 2008-87 Plaintiff CIVIL ACTION - LAW V. Carol Ann Johnston, Kseniya A. Thomas JURY TRIAL DEMANDED and Goodville Mutual Casualty Company, Defendants PRAECiPE FOR CISCON TMANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned action as settled, discontinued and ended, with prejudice. ?3- P -- (DES Date 12?eth Ann Delbaugh, Plaintiff cEIRTWICAT 'OPSaM I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all parties of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of 'y? 1 I O l(i?( ) , 2008, and addressed as follows: Ms. Beth Ann Delbaugh 22 Eastwood Drive Carlisle, PA 17015 MARGOLIS EDELSTEIN By: /I&A, v . pmjma?_ An la Of Cayman, Sec tary r.? 0 ?? y?k