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HomeMy WebLinkAbout01-0276MEADE M. BUFFINGTON, III, Plaintiff vs. BRADLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV/kNIA CIVIL ACTION - IJ~W NOTICE TO DEFEND YOU have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and 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 TA~E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CA/~NOT 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 MEADE M. BUFFINGTON, III, Plaintiff VS. BRADLEY S. ATAlqASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, ol- ~ ~/6, ~ 7-~ CIVIL ACTION - LAW 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. on or about July 15~ Enola Road, East Pennsylvania. The facts and occurrences hereinafter related took place 2000, at approximately 1:55 o'clock A.M. on Pennsboro Township, Cu/nberland County, 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. 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." arrive. Plaintiff indicated he wanted to wait for the police to 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: so 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; failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; 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; eo failure to keep a proper watch for traffic on the highway; f. 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 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 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 damaged 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"). 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 storage costs accrued to the conclusion of this case. By: Respectfully submitted, DISSINGER & DISSING~I~ / Matthew . Stro m, 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 Sutlifrra~udi~rd~l~tR~omlpTa)Oj~ Inc. (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 ~HEVROLET Location: 13 & Paxton Streets Box 1307 Harrisburg, PA 17105 Business: (717)234-4444 Insurance Company: Days to Repair 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Int: VIN: 2G1FP22P6P210~585 Lic: BMX3904 PA Prod Date: Tilt Wheel Tinted Glass Power Steering Driver Airbag Positraction Recline/Lounge Seats Intermittent Wipers Dual Mirrors Power Brakes Passenger Airbag Cloth 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 07/]7/2000 at 04:49 PM Job Number: 57097 PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Int: N NO. OP, DESCRIPTION QTY EXT. PRICE LABOR PAINT 3 4# 5# 6# 7 8* 9 10 11 12 13 14 15' 16 17 18' 19# 20 21 22 23 24* 25 26 27* 28 29 30 31 32 33 34 35 36# 37# 38# Repl RT/Rear Hub cap Machine Set up Measure, square and pull unibo Repl RT REAR TIRE DOOR Rpr RT Door shell Add for Clear Coat QUARTER PANEL Repl RT Quarter panel Overlap Major Adj. Panel Add for Clear Coat Repl RT Body side mldg black Rpr LT Quarter panel Overlap Major Adj. Panel Add for Clear Coat ~ Rpr RT Inner panel assy lower Repl REAR AXLE ASSY-LKQ REAR SUSPENSION Repl Check rear alignment Repl Bleed brake system LIFT GATE Rpr Lift gate Overlap Major Adj. Panel Add for Clear Coat Rpr Spoiler Overlap Major Non-Adj, Panel Add for Clear Coat R&I Spoiler REAR BUMPER Repl RT Bumper cover support plate Repl Bumper cover Add for Clear Coat Deduct for Rear Bumper R&I , Car Cover for Overspray Flex agent Hazardous waste 1 33.50 1 2.OF I 4.0 F i 128.00 0.6 0.5 I 466.80 12.0 1 11.50 0.1 2.0 3.0 1 750.00 4,0 M I m 0.5 I m 0,5 I 11.90 i 299.00 I 5.00 T 1 8.00 T I 2.50 T 1.8 0.8 ].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 2 07/17/2000 at 04:49 PM Job Number: 57097 PRELIMIN~RY ESTII~ATE 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, P245/50ZR16, 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 1885.70 Body Labor 24.1 hfs @ $ 36.00/hr 867.60 Paint Labor 15.4 hfs @ $ 36.00/hr 554.40 Mechanical Labor 4.0 hfs @ $ 63.50/hr 254.00 Frame Labor 6.0 hfs @ $ 38.00/hr 228.00 Paint Supplies 15.4 hfs @ $ 18.00/hr 277.20 Sublet/Misc. 15.50 SUBTOTAL $ 4082.40 Sales Tax $ 4082.40 @ 6.0000% 244.94 GRAND TOTAL $ 4327.34 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY $ 4327.34 07/17/2000 at 04:49 PM Job Number: 57097 PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Iht: 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=RECONBITION 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. 07/17/2000 at 04:49 PM Job Number: 57097 PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Iht: 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 5 COMMONWEALTH OF PENNSY" '"~NIA COUNTY OF: CUMBERLAND 09-1-02 ROBERT V. Address: 1901 STATE STREET CAMP HILL, PA (717) 761-0583 ATTORNEY FOR PLAINTIFF : MATTHEW D~ STRO}~4, ESQ. 28 N 32NDST CAMp HILL; PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: ~X~ Judgment was entered for: (Name) Judgment was entered against: (Name) 17011-0000 NOTICE OF CfVIL CASE PLAINTIFF: NAME and ADDRESS ~BUFFINGTON, MEADE 408 W DAUPHIN ST. ENOLA, PA 17025 VS. DEFENDANT: NAME and ADDRESS ~ATANASOFF, BRAD 511 ERFORD RD CAMP HILL, PA 17011 Docket No.: CV- 0000372 - O0 Date F ed: 10/11/00 "JDGMENT/TRANSCRIPT FOR PLAINTIFF A~A~ASOFF, BRAD in the amount of $ 4,424.~4 on: (Date of Judgment) ~J Defendants are jointly and severally liable, ~'j Damages will be assessed on: J--'] This case dismissed without prejudice. ~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~-J Levy is stayed for days or j-~ generally stayed, ~ Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 4,327.34 Judgment Costs $ 97.00 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ 4,42~.34 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHJN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT'~,~Y/CLf~K OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS.I~(3T/ICE ~I: JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. I certify that th s is a true and Barrett co eof the record of the proceedings co~tal~d9 the)udgmenf, :¢/¢,,/' /. - ',. :---' ~ -' ' ~ '~, Date , . // ... My commission expires tirst Monday of January, AOPC 315-99 GENUINE CHEVROLET January 12, 2001 Dissinger and Dissinger 28 North Tlfirty-Second Street Camp Hill, PA 17011 Arm: Matthew D. Stxohin Meade Buffmgton 1993 Chevrolet Camaro Dear Mr. Strolm~: Please be advised that Mr. BulTmgton'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. Can'ie L Nugent Body Shop Administrator SUTLIFF CHEVROLET CO. BOX 1307 HARRISBURG, PA 17105 www. sutliffauto.com 13th & PAXTON STREETS PHONE (717) 234-4444 FAX (717) 234-6501 RT. 22 & DEVONSHIRE RD. PHONE [717) 541-$544 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. SHERIFF'S RETURN CASE NO: 2001-00276 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUFFINGTON MEADE M III VS ATANASOFF BRADLEY S - REGULAR KENNETH GOSSERT , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE ATANASOFF BR3kDLEY S DEFENDANT , at 0019:35 HOURS, at 511 ERFORD RD CAMP HILL, PA 17011 STEPHANIE BURKEY (MOTHER) a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 24th day of January , together with by handing to 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 30 00 10 00 00 37 30 Sworn and Subscribed to before me this /~ day of v ~ Prothonotary ' So Answers: Thomas Kline 01/26/2001 DISSINGER & DISSINGER MEADE M. BUFFINGTON, Ill, Plaintiff BRADLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-276 Civil 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. Dethlefe, 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 V. Manlove, at Docket Number CV- 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 ($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 rlov~) 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, Michael J. Pykosh,,'Esquire Law Office of Darrell C. Dethlefs Attorney Id. 58805 3805 Market Street Camp Hill, Pa. 17011 (717) 975-9446 CERTIFICATE OF SERVICE The Preliminar~.~?bjections of the Defendant have been served upon the Counsel for the Plaintiff this I~ day of February, 2001 by placing a copy of the objections in US mail, in a postage prepaid envelope. Respectfully Submitted, Law Office of Darrell C. Dethlefs Attorney Id. 58805 3805 Market Street Camp Hill, Pa. 17011 (717) 975.9446 MEADE M. BRADLEY S. BUFFINGTON, III, Plaintiff ATA_NASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-276 CIVIL CIVIL ACTION - LAW 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 ~IAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU M3tY 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 GET LEGAL HELP: Curaberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6200 Matthew D, Strohm Attorney for Plaintiff Supreme Court ID # 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 MEADE M. vS. BPJYDLEY S. BUFFINGTON, III, Plaintiff ATA/qASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLA/~D COUNTY, PENNSYLVANIA 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 Bradley S. Atanasoff, Defendant, and the Defendant by First Class United States mail addressed as follows: Michael J. Pykosh, Esquire 3805 Market Street P. O. Box 368 Camp Hill, PA 17001 Date: Bradley S. Atanasoff 511 Erford Road Camp Hill, PA 17011 Matthew D. Stro~m, Esquire MF-~kDE M. BUFFINGTON, III, Plaintiff vs. BPJ~DLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-276 CIVIL CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and 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 C~N GET LEGAL HELP. CUMBERLAND COUNTY Bi~R ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 MEADE M. BUFFINGTON, III, Plaintiff vs. BRADLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-276 CIVIL CIVIL ACTION - LAW A/~ENDED 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 Conunonwealth 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. 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." arrive. Plaintiff indicated he wanted to wait for the police to 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: so 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; failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; 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; failure to keep a proper watch for traffic on the highway; f. 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 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, 2001, Plaintiff has accrued one thousand eight hundred dollars ($1,800.00) in storage fees for the storage of his damaged 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 "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 storage costs accrued to the conclusion of this case. Respectfully submitted, DISSINGER & DISSINGER 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. 07/17/2000 at 04:49 PM ~57097 Job Number: SUTLIFF CHEVROLET Federal ID #:23-161003 13 & Paxton Streets Box 1307 SutlifrF~l~tPC~o~ (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 ~HEVROLET Location: 13 & Paxton Streets Box 1307 Harrisburg, PA 17105 Business: (717)234-4444 Insurance Company: Days to Repair 1993 CHEV CAHARO Z28 8-5.7L-FI 2D BLACK Int: VIN: 2G1FP22P6P2104585 Lic: BNX3904 PA Prod Date: Tilt Wheel Tinted Glass Power Steering Driver Airba§ Positraction Recline/Lounge Seats Intermittent Wipers Dual Hirrors Power Brakes Passenger Airbag Cloth 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 R~/Rear Wheel 16x8 1 185.00 m 0.3 07/17/2000 at 04:49 PM Job Number: 57097 PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Int: NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 3 Repl RT/Rear Hub cap I 33.50 2.OF 4.OF 0.6 0.5 2.3 0.9 N 4# 5# 6~ 7 8* 9 10 11 12 13 14 15' 16 17 18' 19,~ 20 21 22 23 24* 25 26 27* 28 29 30 31 32 33 34 35 36~ 37# 38~ Machine Set up 1 Measure, square and pull unibo 1 Repl RT REAR TIRE. 1 128.00 DOOR Rpr RT Door shell Add for Clear Coat QUARTER PANEL Repl R~ Quarter panel I 466.80 Overlap Major Adj. Panel Add for Clear Coat Repl RI Body side mldg black I 11,50 Rpr LT Quarter panel Overlap Major Adj. Panel Add for Clear Coat ~ Rpr RT Inner panel assy lower Repl REAR AXLE ASSY-LKQ 1 750.00 REAR SUSPENSION Repl Check rear alignment 1 Repl Bleed brake system 1 LIFT q&TE Rpr Lift gate Overlap Major Adj. Panel Add for Clear Coat Rpr Spoiler Overlap Major Non-Adj. Panel Add for Clear Coat R&I Spoiler REAR BUHPER Repl RT Bumper cover support plate 1 11.90 Repl Bumper cover 1 299.00 Add for Clear Coat Deduct for Rear Bumper R&I Car Cover for Overspray 1 5.00 Flex agent 1 8,00 Hazardous waste 1 2,50 12.0 0.1 2.0 3.0 N 4,0 M m 0,5 m 0.5 1.5 H ]. 8 0.8 1.8 -1.6 0.3 3.2 -0.4 0.6 2.4 -0.4 0.4 1.8 -0.4 0,3 1.! -0.2 0.2 2.6 07/17/2000 at 04:49 PM Job Number: 57097 PRELIMINARY ESTI~tqIE 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 : Line 19 : Line 27 : INCLUDES MOUNT AND BALANCE. TIRE IS: DUNLOP-SP SPORT 5000, P245/50ZR16, 96W, M&S. BLACK. INCL RI TRAILING ARM AND ANTI-SWAY BARS. AXLE ASSY IS: POSITRACTION, DISC BRAKES, 3.23 RATIO. INCLUDS R AND I SPOILER . Parts 1885.70 Body Labor 24.1 hfs @ $ 36.00/hr 867.60 Paint Labor 15.4 hfs @ $ 36.00/hr 554.40 Mechanical Labor 4.0 hfs @ $ 63.50/hr 254.00 Frame Labor 6.0 hfs @ $ 38.00/hr 228.00 Paint Supplies 15.6 hfs @ $ 18,00/hr 277.20 Sublet/Misc. 15.50 SUBTOTAL $ 4082.40 Sales Tax S 4082.40 @ 6.0000% 244.94 GRAND TOTAL $ 4327.34 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY S 0.00 INSURANCE PAY $ 4327.34 3 07/17/2000 at 04:49 PM. Job Number: 57097 PRELIMIN~RY ESTI~TE 1993 CHEV CAMARO Z28 8-5.7L-FI 2D BLACK Iht: 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=WtTHOUT W/_=WITH/_ ~ MANUAL LINE ENTry * = OTHER [IE..MOTO~ 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. 07/17/2000 at 04:49 PM Job Number: 57097 PRELIMINARY ESTIMATE 1993 CHEV CAMARO Z28 8-5.TL-FI 2D BLACK Int: AFTERMARKET PARTS SUPPLIERS 2 RECOND RT/Rear Wheel 16x8 s Part No. 18-86-05022U15 Price $185.00 KEYSTONE AUTOHOTIVE 1277 E. SCH~t~F ROAD BRKLYN HGHT VILLAGE, OH 44131 (800)824-2486 (216)398-7788 KEYSTONE AUTOHOTIVE 1000 ROOSEVELT AVENUE YORK, PA 17404 (800)524-4349 (7t7)843-8927 KEYSTONE AUTOMOTIVE BOX 3658 ROUTE 378 BETHLEHEH, PA 18015 (610)865-5553 (800)962-9109 Suthk January 1_9, ~001 Dissinger and Dissinger 28 North Tlfirty-Second Street Cmnp Hill, PA 17011 Arm: Matthew D. Strohm Meade Buffmgon 1993 Chewolet Camaro Dear Mr. Strohm: Please be advised that Mr. Buffington's vehicle has been at Sutliff Chewolet since July 17, ~000. The storage cost is $10.00 per da>' from date of drop off. The total cost as of the above date is $1800.00, 180 day's @ $10.00 per da}'. If you have an>' question or cotrmaents, please feel free to contact my office. Sincerely. Carrie L Nugent Body Shop Ach~tistrator SUTLIFF CHEVROLET CO. BOX 1307 HARRISBURG, PA 17105 www.sutliffauto.com 13th & PAXTON STREETS PHONE (717) 234-4444 FAX (717) 234-6501 RT. 22 & DEVONSHIRE RD. PHONE (717) 541-5544 MEADE M. BUFFINGTON, III, Plaintiff vs. BRADLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 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 Matthew D. S~r~lT~,~squire Z m m cl Z H 0 (% I 0 ~ I H 0 Z z Z~ 0 MEADE BUFFINGTON, III, Plaintiff BRADLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-276 CIVIL ACTION - LAW TO THE PROTHONOTARY Please mark the above-captioned matter as settled, satisfied, and discontinued with prejudice. Respectfully Submitted: Matthew D. Strohm, Esquire Attorney ID # 76724 Dissinger & Dissinger 28 North 32"" Street Camp Hill, PA ~.701 z (717) 975-2840 Attorney for Plaintiff JUN 0 ! ZOO:, MEADE M. BUFFINGTON, lit, Plaintiff/Petitioner BRADELY S, ATANASOFF, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-276 CIVIL ACTION - LAW E TO S"OWCAUSE AND NOW, This ayof ~ t 2001, a Rule is issued to show cause why Fred Halt, Esquire should not be recused as an arbitor with respect to the above captioned matter. Rule returnable within _~ days of service. MEADE M. BUFFINGTON, III, Plaintiff BRADELY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-276 CIVIL ACTION - LAW MOTION FOR RECUSAL AND NOW, comes Defendant, Bradley Atanasoff by and through his attorney, The Law Office of Darrell C. Oethlefs, who in support of the foregoing Motion, avers as follows: Pursuant to the Order dated April 20, 2001, Fred Halt, Esquire, was appointed as the chief arbiter with respect to the above captioned matter. Attorney Halt has been involved in a fee dispute with the undersigned counse( relative the Workers' Compensation matter involving Linwood Richardson v. Woolworth. On May 7,2001, the undersigned counsel forwarded correspondence to Attorney Halt requesting that he voluntarily recuse himself with respect to this matter. A copy of said correspondence is attached hereto. By his correspondence dated May 15, 2001, Fred H. Hair, Esquire, refused to recuse himself from the above captioned matter. 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, Hair and the undersigned counsel that Attorney Hair be recused as an arbiter with respect to this matter. WHEREFORE, Defendant respectfully requests that Fred H. Halt, be recused as an arbiter with respect to the above captioned matter. l~lichael J. Pyko~ ' ID # 58851 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717) 975.9446 MEADE M. BUFFINGTON, Iii, Plaintiff BRADELY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-276 CIVIL ACTION - LAW CERTIFICATE OF SERVICE .~[ I, Michael J. Pykosh, Esquire, hereby certi~ 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: Matthew D. Strohm, Esquire 28 North 32"" Street Camp Hill, PA 17011 Fred H. Halt, Esquire 17 East High Street, Suite 101 Carlisle, PA 17013-0347 Mmhaei J. Pyko¢ ID # 58851 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 MEADE M. BUFFINGTON, Plaintiff VS. BRADELY S. ATANASOFF, Defendant IN THE COURT OF COMMON PI. FAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-276 CIVIL ACTION - LAW MOT]ON FOR RECUSAL AND NOW, comes Defendant, Brad;ey Atanasoff by and through his attorney, The [.aw Office of Oarre{I C, Oeth~efs, who in support of the foregoing Motion, avers as fo{~ows: Pursuant to the Order dated April 20, 2001, Fred Hait, Esquire, was appointed as the chief arbiter with respect to the above captioned matter. Attorney Hair has been involved in a fee dispute with the undersisned counsel relative the Workers' Compensation matter involvin8 Linwood Richardson v. Woolworth. On May 7,200~., the undersil[ned counsel forwarded correspondence to Attorney Halt requesting that he voluntarily recuse himself with respect to this matter. A copy of said correspondence is attached hereto. By his correspondence dated Ma), [5, 2001, Fred H. Halt, Esquire, refused to recuse himself from the above cep+Joned matter. It would be in the best interest of all parties hereto due to the fact that there was a direct fee dispute, which involved litisation that directly between Fred H. Hair and the undersigned counsel that Attorney Hair be recused as an arbiter with respect to this matter. WHEREFORE, Defendant respectfully requests that Fred H. Halt, be recused as an arbiter with respect to the above captioned matter. Michael J. Pyko~t'n ID # 58851 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 MEADE M. BUFFINGTON, III, Plaintiff VS. BRADELY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-276 CIVIL ACTION - LAW CERTIFICATE OF SERVICE ~, 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: Matthew D, Strohm, Esquire 28 North 32"a Street Camp Hill, PA 17011 Fred H. Halt, Esquire 17 East High Street, Suite 101 Carlisle, PA 170!3-0347 .... / ~ ~ I *.-- Michael J. ~yko~ ID ~ 58851 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717) 975-9~6 ADE M. BUFFINGTON, III, Plaintiff VS. ~ADLEY S. ATANASOFF, Defendant ~ULE 1312-I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-267 CIVIL )0x 2001 The Petition for Appointment of Arbitrators shall be substan 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. s toracje fees The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Michael J. Pykosh, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully ;ubmitted, . / / ORDER OF COURT ANDNOW, A/~~ ~;~X9 ,14:)c2001inconsiderationofthe Esq., and /~t~.g~//~g~"/~ are appointed arbitrators in the alive c actions) as prayed for~ (~ P.J. MEADE M. BUFFINGTON, III, Plaintiff vs. BRADLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~NIA 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. By: Respectfully submitted, DISSINGER & DISSINGER 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 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. MEA~DE M. BUFFINGTON, III, Plaintiff VS. BRADLEY S. ATANASOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-276 Civil CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Matthew D. Stroh_m, 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: Matthew D. Strohm, Esquire 0 MEADE M. BUFFINGTON, III, Plaintiff/Petitioner BRADELY S. ATANASOFF, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 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 3805 Market Street Camp Hill, PA 17011 (717) 975.9446 ID No.: 58851 MEADE M. BUFFINGTON, III, Plaintiff/Petitioner VS. BRADELY S. ATANASOFF, Defendant/Respondent : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA : : NO. 01-276 : : CIVIL ACTION - LAW 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. 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; 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. WHEREFORE, 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, P^ 17011 (717) 075.9446 ID No.: 58851 MEADE M. BUFFINGTON, III, Plaintiff/Petitioner BRADELY S. ATANASOFF, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-276 CIVIL ACTION - LAW 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: ~ LEY SOF