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Home My WebLink About09-5734COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM F- /I.0 1 09 - 2 - 02 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 3 T?'' 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. BRUCE and LAUREN DEVONSHIRE 260 EAST LODTHER STREET 09 - 2- 02 JESSICA BREWBAKER CARLISLE AUGUST 13, 2009 BRUCE AND LAUREN DEVONSHIRE va M-"rT M.. CwimATt 1RF h CV - 0000156-09 PA 17013 LINE under Pa. If apdeRant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in 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. sonaM. of Prothonotary or DY 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 Name of appetfee(s) (Common Pleas No. appeilee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature of appellant or attorney or agent RULE: To appellee(s) Nano of appellee(s) (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 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: ,20 Slgnatwe of ProMonotary or Do" YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 1 v ?. C O ? f ?T C ? N 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 (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 of afffant Signature of official before whom affidavit was made Title of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No 09-2-02 MDJ Name: Hon JESSICA BREWBASER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 240-6564 17013 ATTORNEY FOR PLAINTIFF : MARCUS A MCKNIGHT III 60 W POMFRET ST IRWIN & MCKNIGHT CARLISLE, PA 17013-3222 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) 71 Judgment was entered against: (Name) in the amount of $ .01 1-1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 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 $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 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 OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON 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. RE -EID AUG 14 2009 "A IN & WKNIGHT L0 OFFICES U 1 IV 1 V-1 Date I certify that this is a true and Date My commission expires first Monday of January, 2012 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS I'DEVONSHIRE, BRUCE A LAUREN 260 E. LOUTHER ST CARLISLE,.PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rLINE, JEANNETTE U 528 N HANOVER ST APT 201 CARLISLE, PA 17013 L_ J Docket No.: CV-0000156-09 Date Filed: 5/26/09 1 44. (Date of Judgment) 8/13/09 LINE, JEANNETTE U DEVONSHIRE, BRUCE & LAUREN M CLI- 1 rUA. , Magisterial District Judge copy of the record of the proceedings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 8/13/09 10:18:00 AM t_t-t' Cv 4 CL e1 ?..1_ -.a.-. - L C \j ?. LIJ Lij F-L N Q 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 PENNSYLVANI COUNTY OF ss AFFIDAVIT. I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas120? 9? the District Justice designated therein on -W Qf h (date of sewiee) V6 206 ? by personal service 0 by (certified) (registered) mail, sender's receipt attach Ad hereto, and upon the appellee, (name) JPg771?7 -t1L0 U. ,L, A1,C_ on v 20 0 9, ? by personal service Ef by (certified) (registered) mail, sende s receipt attached hereto, (SWORN ,{A); FIRMED) AND SUBSCRIBED BEFORE ME --? THIS V-h DA f?5? 20?. Signature of affrant signature t official before who av was ade COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public Cadisis Toro, Cumberiand County Trite of offimat Comrntesion Expires Sept. 18, 2011 My commission expires on 20 F` rr? A.socia#on Notaries (Domestic Er! Only; No Insurance Co i M a „, MAM 8-19-09 DEVONSH rn Postage tN ':rFr Cerntied Fee - n"?tk 9m C3 9 rn c;r:?E pA I7Q13----------- - ----- ------ ti (Domestic ti For delivery Information visit our website w :w,, Return Receipt Fee r P. O (Endorsement Required) 'iiePe` - to Q Restricted Delivery Fee ?• ^ b) C3 (Endorsement Required) ?1? S d tlI E .0 Total Postage & Fees z Sent To f,-: .c C3 ___NDJ__JESSICA_BRSWBARER_ M. ?.? o. . C3 otr °9iMMOVER ST STE 106, 0 U ui - --U D - HI M Postage y Certified Fee O Return Receipt Fee 'Here ^''? O (Endorsement Required) Restricted Delivery Fee a,s (Endorsement Required)e W a,` t Total Postage & Fees ~ z Sent To N 1 l i r~ JEANNETTE U LINE C3 ---- ---------------------------- ?,-------------- 4 :r T,oIANOVER ST APT 201 iAiS pg---1-f0t3-------------- = r=------ ------ JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com BRUCE DEVONSHIRE and LAUREN DEVONSHIRE, Plaintiffs V. JEANNETTE U. LINE, Defendant NO. 09-5734 Civil CIVIL ACTION - LAW District Justice Appeal JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Jeannette U. Line in the above-captioned matter. Date: September 18, 2009 377679 Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff rs n J. Shipma , Esquire Aft rney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 18, 2009: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 JOHNSON, DUFFIE, STEWART & WEIDNER By. 4Jers-o4n'j'Sfiipm.4n F,L a,,t I !`JL 0 TN" F", tpY :_ 2009 SE 21 Fil 12: 3 6 BRUCE K. DEVONSHIRE and : IN THE COURT OF COMMON PLEAS OF LAUREN A. DEVONSHIRE, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009-5734 CIVIL TERM JEANNETTE U. LINE, DISTRICT JUSTICE APPEAL Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 BRUCE K. DEVONSHIRE and : IN THE COURT OF COMMON PLEAS OF LAUREN A. DEVONSHIRE, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009-5734 CIVIL TERM JEANNETTE U. LINE, DISTRICT JUSTICE APPEAL Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, this 25 h day of September 2009 come the Plaintiffs, BRUCE K. DEVONSHIRE and LAUREN A. DEVONSHIRE, by and through their attorneys, Irwin & McKnight, P.C., and make the following Complaint against the Defendant, JEANNETTE U. LINE, as follows: 1. The Plaintiffs are Bruce K. Devonshire and Lauren A. Devonshire, adult individuals who reside at 260 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Jeannette U. Line, an adult individual residing at 828 North Hanover Street, Apt. 201, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiffs owned a 1997 4-door Saturn station wagon on Saturday, January 13, 2008. 3 4. The Plaintiff, Bruce Devonshire, was operating his 1997 Saturn automobile and was traveling with his daughter, Kathryn Devonshire, from their home on East Louther Street to Cole's Bicycle Shop on North Hanover Street. 5. The Plaintiff, Bruce Devonshire, traveled West on East Louther Street in Carlisle, Pennsylvania toward North Hanover Street. 6. At approximately 10:30 a.m. Mr. Devonshire drove his 1997 Saturn vehicle into the intersection of East Louther Street and North East Street after stopping at the stop sign on East Louther Street. 7. Without warning a vehicle drive by the Defendant, Jeannette U. Line, accelerated into the intersection and struck the left drive side of the 1997 Saturn automobile owned by the Plaintiffs. 8. As a result of the collision, the 1997 Saturn vehicle owned by the Plaintiffs sustained property damage in the amount of Two Thousand Two Hundred Ninety-Eight and 63/100 ($2,298.63) Dollars. A copy of the repair estimate by Fine Line Auto Body, LLC is attached hereto and marked as Exhibit "A" and is made a part of this Complaint. 4 9. The Plaintiffs have experienced the loss of use of their vehicle and are entitled to reasonable damages for the rental of a motor vehicle estimated at One Thousand and no/100 ($1,000.00) Dollars. 10. The damage to the Plaintiffs' 1997 Saturn automobile was caused by the negligent conduct of the Defendant, Jeannette U. Line, as follows: a. She failed to pay attention to the highway; b. She failed to yield the right-of-way to the Plaintiffs' vehicle which had arrived at the intersection before the Defendant; c. She mistakenly hit the accelerator instead of her brake; d. She was looking to her right in the wrong direction and never saw the Plaintiff; and e. She failed to provide any warning of the pending collision to the Plaintiffs. 11. The Defendant's negligent conduct is the proximate cause of the damages sustained by the Plaintiffs. They seek compensation in the amount of Three Thousand Two Hundred Ninety- Eight and 63/100 ($3,298.63) Dollars. 5 WHEREFORE, the Plaintiffs seek damages from the Defendant in the amount of Three Thousand Two Hundred Ninety-Eight and 63/100 ($3,298.63) Dollars with interest and costs as provided by law. This amount is under the mandatory arbitrations amount. Respectfully submitted, IRWIN & Mcj?NIGHT, P.C. By: Marcus A. McKni t, III sq Supreme Court I.D #: 476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff Date: September 25, 2009 6 EXHIBIT "A Date: 11/03/2008 08:19 AM Estimate ID: 3535 Estimate Version: 0 Preliminary Profile ID: State Farm Ins Fine Line Auto Body LLC 1412 Trindle Road, Suite 500, Carlisle, PA 17015 (717) 241-2225 Fax: (717) 241-2188 Tax ID: 04-3706373 Damage Assessed By: LIC#317068 J. Raudabaugh. Deductible: 0.00 Claim Number: 3535 Owner: Bruce Devonshire Address: 260 E Louther Street, Carlisle, PA 17013 Telephone: Home Phone: (717) 2414215 Mitchell Service: 914101 Description: 1997 Saturn SW1 Body Style: 4D Wgn Drive Train: 1.91- Inj 4 Cyl AT VIN: 1G8ZH8287VZ196095 License: DMZ2494 PA Mileage: 120,154 OEM/ALT: A Search Code: B843750 Color: Gold Options: AIR CONDITIONING, AUTOMATIC TRANSMISSION Line Item Entry Number Labor Type Operation Line Item Description Part Type/ Part Number Dollar Amount Labor Units J FRONTFENDER 1 400144 REF BLEND L FENDER OUTSIDE C 1.0 MANUAL ENTRIES 2 900500 REF * ADD'L LABOR OP NIB REMOVAL.3 PER TOP PANEL/.1PER SIDE PA Existing 0.4* 3 900500 BDY * ADD'L LABOR OP PRE WASH PANELS Existing 0.2* 4 900500 BDY * ADD'L LABOR OP COLLISION PULL/ROUGH PULL Existing 2.0* 5 900500 REF * ADO'L LABOR OF TOUCH UP BOLTS Existing 0.2* 6 900500 BDY * REPAIR WASH AND VACUUM Existing 0.0* FRONTFENDER 7 400148 BDY REMOVE/INSTALL L FENDER ASSY 0.7 # WHEEL 8 400270 BDY REMOVE/REPLACE WHEEL COVER 21011501 31,22 ROCKER/PILLARS/FLOOR 9 402994 BDY REMOVE/REPLACE L CENTER PILLAR & ROCKER 10.0 # 10 REF REFINISH L ROCKER W/CENTER PILLAR 1.8 11 400614 BDY REMOVE/REPLACE L REAR DOOR OPENING FRAME -S Qual Recycled Part 100.00 INC # FRONT DOOR 12 400694 REF REFINISH L FRT DOOR OUTSIDE C 2.4 13 400702 BDY REMOVE/INSTALL L FRT DOOR OUTER PANEL 0.9 # 14 400708 BDY REMOVE/REPLACE L FRT INR DOOR SHELL Qual Recycled Part 100.00 * 2.7*# 15 Carlisle Auto Salvage 717-249-3486 16 402594 BDY REMOVE/INSTALL L FRT DOOR LOCK CYLINDER & KEY Existing 0.2 # 17 R&R Time Used in R&I Operation REAR DOOR 18 400840 REF REFINISH L REAR DOOR OUTSIDE C 1.8 19 400848 BDY REMOVE/INSTALL L REAR DOOR OUTER PANEL 0.9 # 20 400854 BDY REMOVE/REPLACE L REAR INR DOOR SHELL Qual Recycled Part 95.00 * 1.1 * 21 Carlisle Auto Salvage 717-249-3486 ESTIMATE RECALL N UMBER: 08/28/2008 16: 52:25 3535 Mitchell Data Version: OCT_08_A UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2008 Mitchell International Page 1 of 3 UltraMate Version: 6.7.016 All Rights Reserved 22 401097 BDY 23 REF 24 REF 25 26 REF 27 933005 REF 28 933018 REF 29 30 QUARTER PANEL REMOVE/REPLACE L QUARTER PANEL REFINISH L QUARTER PANEL OUTSIDE REFINISH L QUARTER PANEL EDGE Carlisle Auto Salvage 717-249-3486 ADDITIONAL OPERATIONS ADD'L OPR CLEAR COAT ADD'L OPR RESTORE CORROSION PROTECTION ADD'L OPR MASK FOR OVERSPRAY ADDITIONAL COSTS & MATERIALS ADD'L COST PAINT/MATERIALS ADD'L COST HAZARDOUS WASTE DISPOSAL * - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc Date: 1110312008 08:19 AM Estimate ID: 3535 Estimate Version: 0 Preliminary Profile ID: State Farm Ins Qual Recycled Part 95.00 * 2.1 # C 1.7 C 0.5 2.1 0.2* 2.50 * 0.2* 254.10 * 3.00 * UltraMate Abbreviations: Labor Type: BDY=Body BDS=Body Structure REF=Refinish GLS=Glass FRM=Frame MCH=Mechanical Operation: Add'1 Cost=Additional Cost Add'l Opr=Additional Operation Line Item Description: Frt=Front RR=Rear L=Left R=Right Upr=Upper Lwr=Lower Otr=Outer Inr=Inner Assy=Assembly Susp=Suspension Ext=Extension Brkt=Bracket Inst=Instrument ATG=Assembly Time Guide PartType/PartNumber: Qual Repl Part=Quality Replacement Part Qual Recycled Part=Qualty Recycled Part Estimate Totals Add'I Labor Sublet 1. Labor Subtotals Units Rate_ Amount Amount Totals II. Part Replacement Summary Amount Body 20.8 42.00 0.00 0.00 873.60 T. Taxable Parts 421 22 Refinish 12.3 42.00 2.50 0.00 519.10 T Parts Adjustments . 97.50 Sales Tax @ 6.000% 31.12 Taxable Labor 1,392.70 Labor Tax @ 6.000% 83.56 Total Replacement Parts Amount 549.84 Labor Summary 33.1 1,476.26 Ill. Additional Costs _Amount IV.. Adjustments Amount Taxable Costs 257.10 Insurance Deductible 0 00 Sales Tax @ 6.000% 15.43 . Customer Responsibility 0 00 Total Additional Costs 272.53 . 1. Total Labor: 1,476.26 II. Total Replacement Parts: 549.84 III. Total Additional Costs: 272.53 Gross Total: 2,298.63 ESTIMATE RECALL NUMBER: 08/28/2008 16:52:25 3535 Mitchell Data Version: OCT_08_A UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2008 Mitchell International Page 2 of 3 UltraMate Version: 6.7.016 All Rights Reserved Date: Estimate ID: Estimate Version: Preliminary Profile ID: IV. Total Adjustments: Net Total: This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. Point(s) of Impact 9 Left Side (P) Insurance Co: State Farm You may have your vehicle repaired at the repair shop of your choice. Costs above the appraised amount may be the responsibility of the vehi cle owner. There is no requirement to use any specified repair shop: Information regarding re pair facilities, which will be able to repair the vehicle for the appraised amount, is available from the insurer. However, there is no requirement to use any specified repair shop. This appraisal may have been prepared based on the use of aftermarket crash parts. If the use of an aftermarket crash part v oids the existing warranty on the part being replaced or any-other part, the aftermarket crash part shal 1 have a warranty equal to or better than the remainder of the existing warranty. An Aftermarket crash part is a nonoriginal equipment manufacturer (non-OEM) replacement part, either new or used, for any o f the nonmechanical parts that generally constitute the exterior of the motor vehicle, including inne r and outer panels. Aftermarket crash parts are identified in this estimate as "**Qual Rep1 Part" Appraiser Signature: Date: ANY PERSON WHO KNOWLINGLY AND WITH INTENT TO COMPANY OR OTHER PERSON FILES AN APPLICATION STATEMENT OF CLAIM CONTAINING ANY MATERIALLY CONCEALS FOR THE PURPOSE OF MISLEADING, INFO T MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME O CRIMINAL AND CIVIL PENALTIES. THANK YOU DEFRAUD ANY INSURANCE FOR INSURANCE OR FALSE INFORMATION OR ?MATION CONCERNING ANY FAC AND SUBJECTS THE PERSON T ESTIMATE RECALL NUMBER: 08/2812008 16:52:25 3535 Mitchell Data Version: OCT_08_A UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2008 Mitchell International UltraMate Version: 6.7.016 All Rights Reserved 1110312008 0819 AM 3535 0 State Farm Ins 0.00 2,298.63 Page 3 of 3 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. BRUCE DEVONSHIRE Date: September 2 3' , 2009 BRUCE K. DEVONSHIRE and LAUREN A. DEVONSHIRE, Plaintiffs V. JEANNETTE U. LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009-5734 CIVIL TERM DISTRICT JUSTICE APPEAL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Jefferson J. Shipman, Esquire Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 IRWIN&Mc IGHT, P.C. By: (<:_ M cus A. McKnight, III, squire 6 West Pomfret Street Car* e. PA 17013-3222 717-249-23 Supreme Court I.D. # 5476 Attorney for the Plaintiffs Date: September 28, 2009 2 ul 9 SE? 23 f 2: S JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com BRUCE K. DEVONSHIRE and LAUREN A. DEVONSHIRE, Plaintiffs V. JEANETTE U. LINE, Defendant NOTICE TO PLEAD TO: Bruce K. and Lauren A. Devonshisre c/o Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 NO. 09-5734 Civil CIVIL ACTION - LAW District Justice Appeal JURY TRIAL DEMANDED YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By. Date: October 16, 2009 Jfffefson J. Shipman, Esquire Attorney I.D. No. 51785 Attorneys for Defendant Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com BRUCE K. DEVONSHIRE and LAUREN A. DEVONSHIRE, Plaintiffs V. JEANETTE U. LINE, Defendant Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5734 Civil CIVIL ACTION - LAW District Justice Appeal JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Jeanette U. Line, by and through her counsel, Jefferson J. Shipman, Esquire and Johnson, Duffle, Stewart & Weidner and file the following Answer with New Matter in response to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. After reasonable investigation, Ms. Line is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 3, and the same are therefore denied. 4. Denied. After reasonable investigation, Ms. Line is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 4, and the same are therefore denied. 5. Denied. It is specifically denied that Mr. Devonshire traveled west on East Louther Street toward North Hanover Street. To the contrary, it is believed and therefore averred that Mr. Devonshire was traveling south on North East Street in the wrong direction. 6. Denied. It is specifically denied that Mr. Devonshire drove his vehicle into the intersection of East Louther and North East Streets after stopping at the stop sign on East Louther Street. To the contrary, it is believed and therefore averred that Mr. Devonshire drove his vehicle in the wrong direction traveling south on North East Street when he collided with the Line vehicle which was lawfully traveling north on North East Street at the time of the accident. 7. Denied. It is specifically denied that Ms. Line accelerated into the intersection and struck the left driver's side of the Plaintiffs' vehicle. To the contrary, Mr. Devonshire was driving his vehicle in the wrong direction southbound on North East Street when he collided with the Line vehicle which was lawfully traveling north on North East Street at the time of the accident. 8. Admitted in part; denied in part. It is admitted that the Plaintiffs' vehicle sustained damage which was caused by the Plaintiffs own negligence in operating his vehicle in the wrong direction on North East Street. After reasonable investigation, Ms. Line is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 8, and the same are therefore denied. 2 9. Denied. The averments contained in paragraph number 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph number 10 and subparagraphs a. through e. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a. Denied. It is specifically denied that Ms. Line failed to pay attention to the highway; b. Denied. It is specifically denied that Ms. Line failed to yield the right-of- way to Plaintiffs' vehicle; C. Denied. It is specifically denied that Ms. Line mistakenly hit the accelerator instead of her brake; d. Denied. It is specifically denied that Ms. Line was looking to her right in the wrong direction and never saw the Plaintiff; and e. Denied. It is specifically denied that Ms. Line failed to provide any warning of the pending collision to the Plaintiffs. By way of further response, the Plaintiff was traveling the wrong direction on North East Street when he struck the Line vehicle. 11. Denied. The averments contained in paragraph number 11 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 3 WHEREFORE, the Defendant, Jeanette U. Line, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Ms. Line interposes the following new matter defenses: 12. That the above-referenced motor vehicle accident was caused solely by the Plaintiff Bruce K. Devonshire. 13. That the comparative negligence of the Plaintiff Bruce K. Devonshire was the legal cause for the happening of the accident. 14. That the negligence of the Plaintiff Bruce K. Devonshire including the following: (a) Operating his vehicle in the wrong direction on North East Street; (b) Failing to be attentive to traffic conditions; (c) Failing to observe the Line vehicle which was directly in front of him; (d) Failing to avoid colliding with the Line vehicle; and (e) Failing to warn of his approach as he was traveling in the wrong direction on North East Street. 4 WHEREFORE, the Defendant, Jeanette U. Line, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: qJe er on J . . Ship an, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: October 16, 2009 5 VERIFICATION I, Jeanette U. Line, have read the foregoing Answer with New Matter, and hereby affirm that it is true and correct to the best of our personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. ,00 Dat ?-- tlZl' -v got eanette U. Line 379523 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 16, 2009: Marcus A. McKnight, Ili, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 JOHNSON, DUFFIE, STEWART & WEIDNER By: lff?erson J. Shipman L L u J C. i,, i 19 F t 1 tr ' . 0 ne 0 BRUCK K. DEVONSHIRE and IN THE COURT OF COMMON PLEAS OF LAUREN A. DEVONSHIRE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-5734 CIVIL TERM V. : CIVIL ACTION - LAW JEANNETTE U. LINE, : Defendant 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: Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit arbitrators: Marcus A. McKnight, III, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the shall be submitted. Date: October 30, 2009 AND NOW, this ORDER OF COURT Esq., and Esq. and captioned action (or actions) as prayed for. 381550 Respectfully submitted, NSON, DUFFIE, STEWART & WEIDNER Jeff rs J. Shipman, Esquire Attorney for Defendant 2009, in consideration of the foregoing Esq. are appointed arbitrators in the a By the Court, Edgar B. Bayley CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 30, 2009: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 JOHNSON, DUFFIE, STEWART & WEIDNER By: Je e n J. Ship an fll D-C ICE OF The PROT??'NOTARY 2009 NOV -2 PM 3: 12 cu PENfr SY VAINA ?? e KW .21761 BRUCE K. DEVONSHIRE and : IN THE COURT OF COMMON PLEAS OF LAUREN A. DEVONSHIRE, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009-5734 CIVIL TERM JEANNETTE U. LINE, DISTRICT JUSTICE APPEAL Defendant JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW, this 30th day of October 2009, comes the Plaintiffs, Bruce K. Devonshire and Lauren and Devonshire, by their attorneys, Irwin & McKnight, P.C., and makes the following Answer to Defendant's New Matter: 12. The averments of fact contained in paragraph twelve (12) of the New Matter are specifically denied. On the contrary, the Defendant, Jeanette U. Line, struck the Plaintiffs' vehicle on its left side as she pulled into the intersection. 13. The averments of fact contained in paragraph thirteen (13) the New Matter are specifically denied. On the contrary, it was the sole negligence of the Defendant in entering the intersection and striking the left side of the Plaintiffs' automobile which is the legal cause of the collision. 14. The averments of fact contained in paragraph fourteen (14) of the New Matter are conclusions of law to which an answer is not required. If there are any facts they are specifically denied. The Plaintiff, Bruce Devonshire, was traveling in the proper direction on East Louther Street. The Plaintiff maintained control of his vehicle and was able to observe the Defendant as she struck his vehicle on the left side. WHEREFORE, the Plaintiffs respectfully request this Honorable Court to dismiss the New Matter of the Defendant and judgment be entered in favor of the Plaintiffs in the amount of Three Thousand Two Hundred Ninety Eight and 63/100 ($3,298.63) Dollars to enter a judgment together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully submitted, IRWIN & MCKNIGHT By: Marc cKnight, II , squire 6 est Pomfret Street arlisle, Pennsylvania 17013 17) 249-2353 Sup Court I.D. No. 25476 Attorney o s Bruce Devonshire and Lauren Devonshire Date: October 30, 2009 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. BRUCE K. DEVONSHIRE Date: October 30, 2009 BRUCE K. DEVONSHIRE and LAUREN A. DEVONSHIRE, Plaintiffs V. JEANNETTE U. LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009-5734 CIVIL TERM DISTRICT JUSTICE APPEAL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jefferson J. Shipman, Esq. Law Offices of Johnson Duffie 301 Market Street P. O. BOX 109 Lemoyne, PA 17043-0109 IRWIN & McKNIGHT P.C. 1" c By: "Marcus 1k. McKnigh III, squire 60 West Pomfret Stre t Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 2, 2009 3 ALED--(,, )"CE ^F THE FPM',,- , 7ARY 1069 OCT 30 PI l 3: 01 BRUCK K. DEVONSHIRE and LAUREN A. DEVONSHIRE, Plaintiffs V. JEANNETTE U. LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5734 CIVIL TERM CIVIL ACTION - LAW 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: Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dectfully submitted, NSON, DUFFIE, STEWART & WEIDNER Date: October 30, 2009 ORDER OF COURT I J. Shiprrfan, Esquire for Defendant AND NOW this 2009, in consideration of the foregoing petition, Gv.?-?l-Qa?t "Esq., and , Esq. and Esq. are appointed ar itrators in the above- captioned action (or actions) as prayed for. By a ourt, Edgar B. Bayley 381550 r FILED "s iu? 2009 NOV ! 6 Fil l : 17 LL A44? Iq - AaAAtkf- JOHNSON, DUFFIE, STEWART 8~ WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs cLDjdsw.com BRUCE K. DEVONSHIRE and LAUREN A. DEVONSHIRE, Plaintiffs v. JEANNETTE U. LINE, Defendant x :_ _ ,. 1-I~ ~_~~ . ,- LUI~Pf is ~~ ~ ~ii~li~ ~'Y o?olo f~vlr 4 >~r~ ~~;ty ~.. ;~ - ~ rYii rw ~~~ I ~~',,: I:-, Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5734 Civil CIVIL ACTION -LAW District Justice Appeal JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: As no timely motions for post-trial relief have been filed by the Plaintiffs, kindly enter judgment in favor of the Defendant and against the Plaintiffs based on the decision of Judge Masland, following anon-jury trial, on June 16, 2010. Date: ~ ~ D JOHNSON, DUFFIE, STEWART &WEIDNER B ~ ~~/1 ffef~t5n J. Shipr~ian ttorney for Defendant JUDGMENT Judgment is entered pursuant to Judge Masland's decision in favor of Defendant and against Plaintiffs. Dated: 8~(o~/D gy_ Proth o ~ l~.oo PA At'N ~#3t! osy ~~ay~~3 N,o'~tCe CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Enter Judgment has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 4, 2010: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 JOHNSON, DUFFIE, STEWART & WEIDNER By: ' Je s .Shipman :aosos~