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HomeMy WebLinkAbout11-3585COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 09 Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. I - '35 r S 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 Magisterial District Judge on the date and in the case referenced below. rv'+m? ur mva Courtenay Wilson 09-2-02 Honorable Jessica Brewbaker 5923 Stephens Crossing Mechanicsburg PA 17050 03/15/2011 Courte nay Wilson VS Keith Herbert & Landis Harwell CV-0000010-2011 was Claimant L-fMe Pa. R.C.P.D.J. No. 1001(6) in action This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C. P. D. J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. NOTICE OF APPEAL appellee(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 attomey or agent RULE: To , appellee(s) Name 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 13E,E?4T(=RED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 14- 12, 20 11 or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 jr r icL. Tt - -,ROTHONOTAR 2011 APR 12 AM I I : Ea 2 ' UMBERLAND COUNT`f PENNSYLVANIA Sarw?? Eb1ar 3Z?1-rS r COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 Courtenay Wilson PO Box 2013 c/o Erie Insurance Group Mechanicsburg, PA 17055 Disposition Summary Docket No Plaintiff Defendant MJ-09202-CV-0000010-2011 Courtenay Wilson Keith Herbert MJ-09202-CV-0000010-2011 Courtenay Wilson Landis Harwell Courtenay Wilson V. Keith Herbert, Landis Harwell a 30 yvrk. 12 -1 Pe. G CY It's k , '??>lq 176 13, '3165 Docket No: MJ-09202-CV-0000010-2011 Case Filed: 1/12/2011 Disposition Disposition Date Default Judgment for Defendant 03/15/2011 Default Judgment for Defendant 03/15/2011 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 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. Date Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Jessica Brewbaker MDJS 315 IT\ t- Page 1 of 1 Printed: 03/15/2011 10:27:39AM JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 7614540 E-mail: seh@jdsw.com t i o Z1! MAY -2 Fit I' I r,'UM$ERLAPaC C 't .? .' PEN1gSYiV'',1?I,'a ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiff V. KEITH HERBERT & LANDIS HARWELL, Defendants NOTICE NO. 11-3585 CIVIL CIVIL ACTION - LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: seh@jdsw.com ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiffs V. KEITH HERBERT & LANDIS HARWELL, Defendants COMPLAINT NO. 11-3585 CIVIL CIVIL ACTION - LAW AND NOW, comes the Plaintiff by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and respectfully submits the following: 1. Plaintiff Erie Insurance Exchange ("Erie") is a Pennsylvania insurance company with a place of business located at 4901 Louise Drive, Rossmoyne Business Center, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, Courtenay Wilson, is an adult individual residing at 5923 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all relevant times, James & Courtenay Wilson were insured by Erie. The Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wilson's 2007 Lexus ES 350 was insured by Erie under policy number Q021304711. 4. Defendant, Keith Herbert, is believed and therefore averred to be an adult individual residing at 230 York Road 230 York Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013-3155. 5. Defendant, Landis Harwell, is believed and therefore averred to be an adult individual residing at 230 York Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013-3155. 6. At all relevant times, Defendant Landis Harwell was operating a 2001 Chrysler Sebring owned by Defendant Keith Herbert. 7. On or about October 29, 2010, Courtenay Wilson was operating her 2007 Lexus ES 350 on High Street in Carlisle, Pennsylvania. 8. On or about October 29, 2010, Defendant Landis Harwell was operating Defendant Herbert's Sebring directly behind Courtenay Wilson on High Street. 9. Courtenay Wilson brought her Lexus to a stop at a traffic light and was struck in the rear by the Sebring operated by Defendant Harwell. 10. As a direct result of the collision, the Wilson's Lexus sustained damage in the amount of $2,048.51. 11. Erie was required to pay James and Courtenay Wilson $1,048.51, pursuant to their family auto insurance policy. 12. Erie's insureds, James and Courtenay Wilson, paid a $1,000 deductible. COUNT I - NEGLIGENCE Erie Insurance Exchange a/s/o Courtenay Wilson v. Landis Harwell 13. Paragraphs 1 - 1 1 of Plaintiff's Complaint are incorporated by reference herein as if set forth in full. 14. The above-referenced collision was directly and proximately caused by the negligence of Landis Harwell in that she: a. failed to utilize reasonable care in the operation of the vehicle; b. failed to keep her vehicle under proper and adequate control so as to avoid striking the rear end of the Wilson vehicle; c. failed to apply her brakes in sufficient time to avoid striking the rear end of the Wilson vehicle. d. failed to be alert and keep a proper lookout for other vehicles on the roadway; e. operated the vehicle inattentively without regard to the rights and safety of others; f. failed to bring her vehicle to a complete stop within the assured clear distance ahead rule. 15. As a direct and proximate result of Defendant Landis Harwell's negligence, she struck the Wilson vehicle thereby causing damages to the vehicle in the amount of $2,048.51. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $2,048.51 together with interest, delay damages, and costs of suit as deemed appropriate. COUNT II - NEGLIGENCE/NEGLIGENT ENTRUSTMENT Erie Insurance Exchange a/s/o Courtenay Wilson v. Keith Herbert 16. Paragraphs 1 - 14 of Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 17. As stated above, the vehicle driven by Defendant Landis Harwell, which struck the Wilson vehicle, was owned by Keith Herbert. 18. It is believed, and therefore averred, that Keith Herbert, as the owner of the vehicle, had control over the vehicle and permitted Landis Harwell to operate the vehicle on October 29, 2010. 19. It is believed, and therefore averred, that Keith Herbert knew or should have known that Landis Harwell was incompetent to operate the vehicle and likely to operate the vehicle in such a manner as to create an unreasonable risk of harm to the persons and property of others. 20. It is believed, and therefore averred, that Keith Herbert knew or should have known that Landis Harwell was in a hurry to get to work and was likely to operate the vehicle in a hurried and inattentive manner when he permitted her to operate his vehicle on October 20, 2010. 21. It is believed, and therefore averred, that Keith Herbert knew or should have known that Landis Harwell did not possess and/or carry a valid driver's license when he permitted her to operate his vehicle on October 20, 2010. 22. As a direct and proximate result of Defendant Keith Herbert's negligent entrustment of the vehicle to Landis Harwell as described, the collision occurred and the Wilson vehicle sustained damages in the amount of $2,048.51. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $2,048.51 together with interest, delay damages, and costs of suit as deemed appropriate. COUNT III - LIABILITY PURSUANT TO 75 PA. C.S. § 1574 Erie Insurance Exchange a/s/o Courtenay Wilson v. Keith Herbert 23. Paragraphs 1 - 2 1 of Plaintiff's Complaint are incorporated by reference herein as if set forth in full. 24. According to 75 Pa. C.S. § 1574, "No person shall authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicle to be driven." Anyone who violates this provision, "is guilty of a summary offense and shall be jointly and severally liable with the driver for any damages caused by the negligence of such driver in operating the vehicle." Id. 25. It is believed, and therefore averred, that Keith Herbert knew or should have known that Landis Harwell did not possess and/or carry a valid driver's license when he permitted her to operate his vehicle on October 20, 2010. 26. As a direct and proximate result of the negligence of Landis Harwell, the collision occurred and the Wilson vehicle sustained damages in the amount of $2,048.51. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $2,048.51 together with interest, delay damages, and costs of suit as deemed appropriate. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 0. Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: seh@jdsw.com Date: May `a , 2011 Attorneys for Plaintiff 439386 VERIFICATION I, Louella Sanders, an authorized representative of Erie Insurance, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my 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. §4804. &kd? Y Louella Sanders Subrogation Specialist Erie Insurance Date: 6- °? 11 .r FILE-0 -UEI:IC O HIE PROTHONOTAR, 2011 JUN 15 AM 11: 48 CUMBERLAND COUNTY PENNSYLVANIA 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 Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.11-3585, upon the Magisterial District Judge designated therein on (date of service) April 15, 2011, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Landis Harwell, on April 15, 2011 ?by personal service® sender's receipt attached hereto. (SWORN) (,AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 1 DAY OEMAMQ 20 11 Sign a of officia fore whom affidavit was made by (certified) (registered) mail, W1O,/ , Signature of affiant ? off, Puh? Title of official My commission expires onl 1120 1 CpMIyIONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Gail J. Mahoney, Notary Public Lemoyne Borough, Cumberland County commission expires February 19, 201 4 AOPC 312A - 05 JERRY R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUGE, JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY April 14, 2011 VIA CERTIFIED MAIL Landis Harwell 230 York Road, Apt. B Carlisle, PA 17013-3155 WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S ANDREW P. DOLLMAN OSARAH JH--11 V ??1 V E. HOFFMAN ANDREW J. PETSU, )R. CAROLYN B. MCCLAIN nUFFIE OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. 9171 9690 0935 0002 8584 46 F. LEE SHIPMAN (1965-2006) Re: Courtenay Wilson v. Keith Herbert, Landis Harwell Cumberland County Court of Common Pleas Docket No. 11-3585 Civil Dear Ms. Harwell: Enclosed please find a time-stamped Notice of Appeal from the Magisterial District Judge Judgment for service upon you. The appeal was filed in the Court of Common Pleas of Cumberland County at docket number 11-3585 Civil. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Sarah E. Hoffman S E H :437292 Enclosure cc: Louella Sanders, AIC (w/enc., via e-mail) (Claim No.: 010171124246) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX: 717.761.3015 MAILQJDSWCOM E-MAILED JOHNSON, DUFFIE, STEWART & WEIDNER, P,C. urorrEOSrArFs PDate: 05/03/2011 Michele Neff: The following is in response to your 05/03/2011 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 8446. The delivery record shows that this item was delivered on 04/15/2011 at 09:52 AM in CARLISLE, PA 17013. The scanned image of the recipient information is provided below. 7 7- DNiray s+cdon Signature of Recipient: jam`. ". r• Y, I-lee Address of Recipient: r-V Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service JERRY R. DUFFIE 5q ' ' _? E COPY WADE D. RgANLEl' RICHARD 5V STEWART ELIZABETH D. SNOVER EDMUND G. MYERS L A W 0 F F I C E S ANDREW P. DOLLMAN DAVID W. DELUCEi (? SARAH E. HOFFMAN JOHN A. STATLER ' ?1 0 ANDREW J. PETSU, JR. JEFFERSON J. . SHI SHIPMAiV _ CAROLYN B. MCCL MCCLAIN IN JEFFREY B. BRETTIG ORN OSBORN:E KEVIN E _ I J F f- I E . MARK C. DUFFIE - OF COUNSEL JOHN R. NINOSRY HORACE A. JOHNSON MICHAEL J. CASSIDY C. ROY WEIDNER, JR. MELISSA PEEL GREEVY E LEE SHIPMAN (1965-2006) April 14, 2011 VIA CERTIFIED MAIL 9171 9690 0935 0002 8584 22 Magisterial District Judge Jessica Brewbaker 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Re: Courtenay Wilson v. Keith Herbert, Landis Harwell Docket No. CV-0000010-2011 Dear Judge Brewbaker: Enclosed please find a time-stamped Notice of Appeal from the Magisterial District Judge Judgment for service upon you. The appeal was filed in the Court of Common Pleas of Cumberland County at docket number 11-3585 Civil. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER iW . Hoff man S E H:437290 Enclosure cc: Louella Sanders, AIC (w/enc., via e-mail) F.-MAIL M (Claim No.: 010171124246) 3 .3? rr? . 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 `VIVWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. cnr?r??sr?r?s l'QS7AL SERVlCF. Date: 05/03/2011 Michele Neff: The following is in response to your 05/03/2011 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 8422. The delivery record shows that this item was delivered on 04/15/2011 at 10:24 AM in CARLISLE, PA 17013 to B WOODWAL. The scanned image of the recipient information is provided below. INNM ';,.f. I , ,5 Signature of Recipient: I le VIA Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service 11 FILED-OFFICE OF THE PROTHONOTARY 2011 JUN 15 AM 11: 49 CUMBERLAND COUNTY PENNSYLVANIA 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 Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.11-3585, upon the Magisterial District Judge designated therein on (date of service) April 15, 2011, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Keith Herbert, on April 15, 2011 ?by personal service® sender's receipt attached hereto. (SWORN) (AFFIRMEDD AND SUBSCRIBED BEFORE ME THIS r nDAY OF,) fjd .t,201 ( - " (W a)941? Sign official b re whom affidavit was ade by (certified) (registered) mail, C, Signature of affiant Title of official My commission expires on hk20 } COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Gail J. Mahoney, Notary Public Lemoyne Borough, Cumberland County my commission expires February 19, 2014 AOPC 312A - 05 JLRRY R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE, MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GRF;EVY WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S ANDREW P. DOLLMAN QMSON SARAH E. HOFFMAN ANDREW J. PETSU, JR. CAROLYN B. MCCLAIN J DDUFFIE OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. F. LEE SHIPMAN (1965-2006) April 14, 2011 VIA CERTIFIED MAIL Keith Herbert 230 York Road, Apt. B Carlisle, PA 17013-3155 9171 9690 0935 0002 8584 39 Re: Courtenay Wilson v. Keith Herbert, Landis Harwell Cumberland County Court of Common Pleas Docket No. 11-3585 Civil Dear Mr. Herbert: Enclosed please find a time-stamped Notice of Appeal from the Magisterial District Judge Judgment for service upon you. The appeal was filed in the Court of Common Pleas of Cumberland County at docket number 11-3585 Civil. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Sarah E. Hoffman S E H :437291 Enclosure cc: Louella Sanders, AIC (w/enc., via e-mail) (Claim No.: 010171124246) E'MAILED 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WIVW.JDSW.COM 717.761.4540 FAX: 717,761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. unnrEDsWEs AOST,OL SERVICE. Date: 05/03/2011 Michele Neff: The following is in response to your 05/03/2011 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 8439. The delivery record shows that this item was delivered on 04/15/2011 at 09:52 AM in CARLISLE, PA 17013. The scanned image of the recipient information is provided below. Do" ftcoon Signature of Recipient: ?? ?? _ :: '''" / / 7 C. / 7? ?~ n••3.?lhdy ?.F Address of Recipient: G'1.t'' ly Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service JERRY R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER MELISSA PEEL GREEVY iLE COPY WADE D. 11-'IANLEY JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY ELIZABETH D. SNOVER L A W 0 F F I C E S ANDREW P. DOLLMAN JQWON SARAH E. HOFFMAN ANDREW J. PETSU, JR. CAROLYN B. MCCLAIN nUFFIE OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. F. LEE SHIPMAN (1965-2006) April 14, 2011 VIA CERTIFIED MAIL 9171 9690 0935 0002 8584 22 Magisterial District Judge Jessica Brewbaker 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Re: Courtenay Wilson v. Keith Herbert, Landis Harwell Docket No. CV-0000010-2011 Dear Judge Brewbaker: Enclosed please find a time-stamped Notice of Appeal from the Magisterial District Judge Judgment for service upon you. The appeal was filed in the Court of Common Pleas of Cumberland County at docket number 11-3585 Civil. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER arah E. Hoffman J S E H :437290 Enclosure cc: Louella Sanders, AIC (w/enc., via e-mail) E+AAILW (Claim No.: 010171124246) ?' 3 3 -P, 0) . 301 MARKET STREET E0. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 AVIVWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. unnrEvsWEs % ERVICE. Date: 05/03/2011 Michele Neff: The following is in response to your 05/03/2011 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 8422. The delivery record shows that this item was delivered on 04/15/2011 at 10:24 AM in CARLISLE, PA 17013 to B WOODWAL. The scanned image of the recipient information is provided below. iNM11 ::z. VIA Signature of Recipient: I l Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service I JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: seh@jdsw.com it 3iI1-C fr'iCE vl- irin ji0TMN0*fA; ? WHIP JE- „ E# 20 f;., ( : J;J ?U RERLAND COUNTY i NNSYLVANIA ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiffs NO. 11-3585 CIVIL CIVIL ACTION - LAW V. KEITH HERBERT & LANDIS HARWELL, Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiffs and against Defendants Keith Herbert and Landis Harwell in the amount of $2,290.41, plus interest at the rate of 6% per annum, by reason of the failure of Defendants Keith Herbert and Landis Harwell to file an Answer within twenty (20) days of the date of service of the Complaint endorsed with a Notice to Defend and assess the Plaintiff's damages, not including interest at the rate of 6% per annum, accruing after the Complaint was filed, as Damages $2,048.51 DJ Costs $150.15 Costs $91.75 Total = $2,290.41 p,X-,,k lb ?y o ?CA °`V`1 dxgg 37c? 1?4 9bla o 4 WV 0 fi'Q Wku l e.d Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Notice of Intention to File this Praecipe was sent to Defendant Keith Herbert on June 17, 2011 and is attached as Exhibit A. Notice of Intention to File this Praecipe was sent to Defendant Landis Harwell on June 17, 2011 and is attached as Exhibit B. JOHNSON, DUFFIE, STEWART & WEIDNER Bv ? (--(f "i-i Act';?-aj-' Sarah E. Hoffman Attorney for Plaintiffs Date: July 19, 2011 :450145 JERRY R. DUFFLE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY NJELISSA PFEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S ANDREW P. DOLLMAN SARAH E. HOFFn1AN OMSON J ACAROLYN B. MCCLIN MARTIN L. WADE DUFFIE OF COUNSEL HORACE A. JOHNSON FILE COPY CONSTO N?CEIP. BRUNT F. LEE SHIPMAN June 17, 2011 Via Certified and Regular Mail Keith Herbert 230 York Road, Apt. B Carlisle, PA 17013-315 9171 9690 0935 0005 8230 83 Re: Courtenay Wilson v. Keith Herbert, Landis Harwell Cumberland County Court of Common Pleas Docket No. 11-3585 Civil Dear Mr. Herbert: Enclosed please find an Important 10-Day Notice for service upon you. If you have any questions concerning this Notice, please have your attorney contact me. If you are unrepresented, please forward this Notice to your insurance company. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER r Sarah E. Hoffman 1? S E H :445528 Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: seh@jdsw.com ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3585 CIVIL CIVIL ACTION - LAW V. KEITH HERBERT & LANDIS HARWELL, Defendants IMPORTANT 10-DAY NOTICE TO: Keith Herbert 230 York Road, Apt. B Carlisle, PA 17013-315 DATE OF NOTICE: June 17, 2011 YOU ARE IN DEFAULT BECAUSE WRITTEN APPEARANCE PERSONALLY OR WITH THE COURT YOUR DEFENSES OR FORTH AGAINST YOU. UNLESS YOU AG DATE OF THIS NOTICE, A JUDGMENT WITHOUT A HEARING AND YOU MAY Lc IMPORTANT RIGHTS. YOU HAVE FAILED TO ENTER A BY ATTORNEY AND FILE IN WRITING OBJECTIONS TO THE CLAIMS SET - WITHIN TEN (10) DAYS FROM THE MAY BE ENTERED AGAINST YOU )SE YOUR PROPERTY OR OTHER YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: F - t'C1 1 Sarah E. Hoffman Attorney for Plaintiffs :445525 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 10-Day Notice has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, for regular and certified mail delivery on June 2011: Keith Herbert 230 York Road, Apt. B Carlisle, PA 17013-315 Landis Harwell 230 York Road, Apt. B Carlisle, PA 17013-315 JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman ?J :SPS - Track, & Confirm Page 1 of 1 0 UNITED STATES 2POSTAL SERWCE, Home I HCIp I Sign in Track & Confirm FAQs Track & confirm Search Results Label/Receipt Number: 9171 9690 0935 0005 8230 83 Class: First-Class MailO Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 10:03 am on June 18, 2011 in CARLISLE, PA 17013. Track & Confirm Enter Label/Receipt Number. _ ............... Go > Detailed Results: • Delivered, June 18, 2011, 10:03 am, CARLISLE, PA 17013 • Arrival at Unit, June 18, 2011, 6:43 am, CARLISLE, PA 17013 • Processed through Sort Facility, June 17, 2011, 11:23 pm, HARRISBURG, PA 17107 • Accepted at origin sort facility, June 17, 20119 11:23 pm, HARRISBURG, PA 17107 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go>, Site Map Customer -Service Forms Gov't Services Careers Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Privacy Policy Terms of Use Aft Business Customer Gateway https://trkenfrm2.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 7/1/2011 JERRY R. DUFFLE RICHARD W. STMVART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S ANDREW P. DOLLMAN SARAH E HOFFh4AN O HNSON CAROLYN B. MCCLAIN MARTIN L. WADE DUFFIE OF COUNSEL HORACE A. JOHNSON E COPY I S O I P L CON T ANCE R BRUNT E LEE SHIPMAN (1965-2006) June 17, 2011 Via Certified and Regular Mail Landis Harwell 230 York Road, Apt. B Carlisle, PA 17013-315 9171 9690 0935 0005 8230 76 Re: Courtenay Wilson v. Keith Herbert, Landis Harwell Cumberland County Court of Common Pleas Docket No. 11-3585 Civil Dear Ms. Harwell: Enclosed please find an Important 10-Day Notice for service upon you. If you have any questions concerning this Notice, please have your attorney contact me. If you are unrepresented, please forward this Notice to your insurance company. Very truly yours, JOHNSON, DUFFIE, STEWART &WEIDNER A", -- ' , 1, Sarah E. Hoffmann ' S E H:445531 Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEIVART & WEIDNER, P.C. JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: seh@jdsw.com ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3585 CIVIL CIVIL ACTION - LAW V. KEITH HERBERT & LANDIS HARWELL, Defendants IMPORTANT 10-DAY NOTICE TO: Landis Harwell 230 York Road, Apt. B Carlisle, PA 17013-315 DATE OF NOTICE: June 17, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER Sarah E. Hoffman t ." Attorney for Plaintiffs :445525 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 10-Day Notice has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, for regular and certified mail delivery on June I'1 , 2011: Keith Herbert 230 York Road, Apt. B Carlisle, PA 17013-315 Landis Harwell 230 York Road, Apt. B Carlisle, PA 17013-315 JOHNSON, DUFFIE, STEWART & WEIDNER By:. ,- Sarah E. Hoffman USPS -Track & Confirm Page 1 of 1 I1NI TEE STATE5 M POSTAL SERVICE. Home. I Help I _sign In Track & Confirm FAGLs Track & Confirm Search Results Label/Receipt Number: 9171 9690 0935 0005 8230 76 -- - - Class: First-Class Mailo Track & Confirm Service(s): Return Receipt Electronic Enter Label/Receipt Number Status: Delivered Your item was delivered at 10:03 am on June 18, 2011 in CARLISLE, PA 17013. Detailed Results: • Delivered, June 18, 2011,10:03 am, CARLISLE, PA 17013 • Arrival at Unit, June 18, 2011, 6:43 am, CARLISLE, PA 17013 • Processed through Sort Facility, June 17, 2011, 11:23 pm, HARRISBURG, PA 17107 • Accepted at origin sort facility, June 17, 2011, 11:23 pm, HARRISBURG, PA 17107 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go,- Site. N. ? Customer Service Forms Gov't Services Careers Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Privacy Policy Terms of Use Go> f Business_Customer Gateway https://trkcnfrm2.smi.usps.com/PTSInternetWeb/InterLabeIInquiry.do 7/1/2011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: seh@jdsw.com ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiffs Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3585 CIVIL CIVIL ACTION - LAW V. KEITH HERBERT & LANDIS HARWELL, Defendants AFFIDAVIT OF NON-MILITARY SERVICE I, Sarah E. Hoffman, attorney for Plaintiffs in the above-captioned action, being duly sworn according to law, swear that to the best of my information and belief, Keith Herbert and Landis Harwell, the individual Defendants in the above-captioned action, are not members of the United States Military and/or Armed Services. JOHNSON, DUFFIE, STEWART & WEIDNER By: Ai?- 4?'fya 4-1 Sarah E. Hoffman, uire Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Date: July i' 2011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: seh@jdsw.com ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiffs Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3585 CIVIL CIVIL ACTION - LAW V. KEITH HERBERT & LANDIS HARWELL, Defendants CERTIFICATE OF ADDRESS TO THE PROTHONOTARY: The last known address for both Keith Herbert and Landis Harwell is: 230 York Road, Apt. B Carlisle, PA 17013-315 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?? -H ya; Sarah E. Hoffman, quire Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Date: July ?, 2011 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, for regular mail delivery on July 1(4 , 2011: Keith Herbert 230 York Road, Apt. B Carlisle, PA 17013-315 Landis Harwell 230 York Road, Apt. B Carlisle, PA 17013-315 JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman ERIE INSURANCE EXCHANGE a/s/o COURTENAY WILSON, and COURTENAY WILSON, as an individual Plaintiffs NO. 11-3585 CIVIL CIVIL ACTION - LAW V. KEITH HERBERT & LANDIS HARWELL, Defendants JUDGMENT AND NOW, this D day of ??"\ LA 2011, judgment is entered in the amount of $2,290.41 together with six percent (6%) per annum interest against KEITH HERBERT and LANDIS HARWELL. B Prothonotary/Clerk, Civil Division By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deputy ?... ..?. `?.. :i ,. f .,? ?,,. * 11 I'LED -OFF ICE 9c PROTHONOTARY 2u 12 JAN 31 PM 1: 14 CUMBERLAND COUNTY PENNSYLVANIA .JOHNSON, DUFFIE, STEWART & WEIDNER By: Sarah E. Hoffman I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: seh@jdsw.com Attorney for Plaintiff ERIE INSURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS OF COURTENAY WILSON, and CUMBERLAND COUNTY, COURTENAY WILSON, as an individual PENNSYLVANIA Plaintiffs NO. 11-3585 CIVIL V. : CIVIL ACTION - LAW KEITH HERBERT & LANDIS HARWELL, Defendants AFFIDAVIT I, Sarah E. Hoffman, of Johnson, Duffie, Stewart & Weidner and attorney for Plaintiffs am an adult individual and am competent to make the statements contained herein. I declare under penalty of 18 Pa. C.S. §4904 that the following statements are true and correct to the best of my knowledge, belief, and understanding: 1. Plaintiff Erie Insurance Exchange ("Erie") is a Pennsylvania insurance company with a place of business located at 4901 Louise Drive, Rossmoyne Business Center, Mechanicsburg, Pennsylvania 17055. s'7S PQ Ctc ? 3??1a t a7 egtf g ? % 2. Plaintiff, Courtenay Wilson, is an adult individual residing at 5923 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all relevant times, James & Courtenay Wilson were insured by Erie. The Wilson's 2007 Lexus ES 350 was insured by Erie under policy number Q021304711. 4. Defendant, Keith Herbert, is believed and therefore averred to be an adult individual residing at 230 York Road 230 York Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013-3155. 5. Defendant, Landis Harwell, is believed and therefore averred to be an adult individual residing at 230 York Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013-3155. 6. This action arises out of a motor vehicle accident that occurred on or about October 29, 2010 on High Street in Carlisle, Pennsylvania. Defendant Harwell was operating Defendant Herbert's motor vehicle directly behind Courtenay Wilson's motor vehicle on High Street. Courtenay Wilson brought her vehicle to a stop at a traffic light and was struck in the rear by the vehicle operated by Defendant Harwell. 7. As a direct result of the collision, the Wilson's Lexus sustained damage in the amount of $2,048.51. Erie was required to pay James and Courtenay Wilson $1,048.51, pursuant to their family auto insurance policy. Erie's insureds, James and Courtenay Wilson, paid a $1,000 deductible. Costs of $241.90 were also incurred in bringing the motor vehicle action. 8. Judgment in the amount of $2,290.41 was entered against Keith Herbert and Landis Harwell on July 20, 2011 arising out of the motor vehicle accident. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER t By: A a"*J, ( ]H 1vu ,> Sarah E. Hoffma Attorney I.D. No. 07612 Attorney for Plaintiffs Sworn to and subscribed before me this day of ?( IA LLAA t 2012. t,'& Notary ublic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL :477635 Gail J. Mahoney, Notary Public Lemoyne Borough, Cumberland County My commission expires February 19, 2014