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Home My WebLink About04-6271 File #08-04-591 LA W OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford ATTORNEY 1.D.: 09827 223 North Monroe Street P.O. Box E Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company afs/o Lewis Straw 309 Lakeside Drive, Suite 100 Horsham, P A 19044 IN CIVIL ACTION NO.: DL/ - b271 CI U ~ l 't €!2-YrJ vs. John Shughart, III 430 Arch Street, Apt. 1 Carlisle, P A 17013 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 an 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 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 CANNOT PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGABLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File # 08-04-591 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY J.D. NO. 09827 223 North Monroe Street Attorney for Plaintiff Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Allstate Insurance Company a/s/o Lewis Straw 309 Lakeside Drive, Suite 100 Horsham, P A 19044 IN CIVIL ACTION vs. NO.: 04-1..;)..71 CIU-J.Y~ John Shughart, III 430 Arch Street, Apt. 1 Carlisle, P A 17013 COMPLAINT 4030 Motor Vehicle Property Damage 1. Plaintiff is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above-captioned address. 2. Defendant John Shughart, III was the owner and the operator of a motor vehicle involved in an incident on April 25, 2004 and at all times pertinent hereto resided at the above-captioned address. 3. On the aforesaid date, Plaintiff had a policy of insurance with Lewis Straw, hereinafter referred to as named insured. 4. On the aforesaid date, a motor vehicle insured by Plaintiff, hereafter the insured vehicle was involved in an incident with Defendant. 5. On the aforesaid date, the insured vehicle was traveling on Noble Boulevard at the intersection with South West Street in Carlisle, Pennsylvania when the Defendant, who was traveling on South West Street, struck the insured vehicle in the intersection causing damages to the insured vehicle. 6. The Defendant was negligent and careless and the sole cause of this incident in that Defendant: (a) operated the vehicle at an unsafe rate of speed; (b) was inattentive; (c) failed to make proper observation; (d) violated local laws and the laws of the Commonwealth of Pennsylvania. 7. Pursuant to the aforesaid policy of insurance, Plaintiff became liable for damages that arose out of this incident. 8. Due to this incident, expenses were incurred for damage to the insured vehicle, towing, storage and car rental. 9. Pursuant to the aforesaid policy of insurance, the Common Law and governing statutes, Plaintiff is subrogated for all money paid and seeks recovery ofthese sums totaling $6,382.78. WHEREFORE, Plaintiff demands judgment for $6,382.78 plus interest and costs of suit. ~.., ,r L /. r ~ i " ~f7la~~1 (f d It . ~" STEWART C. CRA WF RD, E~~RE Attorney for Plaintiff ~ ~ "t~~~m . co"t1;~ p. VERIFICA nON The undersigned verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: lalr)f JI-~(/ &~~ STEWART C. CRAWFORD, ESQUIRE Attorney for Allstate Insurance Co. ,.. "g. "" 0 (J (-? (,::--::; AfL c.:...:) -n 8 '1 CI( ..:.- --j r::' i.~i 2~ ~ r~~ 1 C) 'r,Lq '0 . - '.- .......... C/( ~. , (~.l ~ ~ ~ "," I - l' _', ~., ::J ~ cS -. ( ) -, . " I f1 j ":~ C., : ) ~ ,..{ ~ ,. "...-, . ., ~~~- ~,J~ 0- CJ ...... -1 / / / I / / I I ALLSTATE INSURANCE COMPANY, alslo LEWIS STRAW, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN SHUGHART, III, DEFENDANT 04-6271 CIVIL TERM AMENDED VERDICT AND NOW, this 77 day of September, 2005, this court's verdict of September 21, 2005, is amended to correct a typographical error to reflect that "Damages are awarded to John Shughart, III, of $4,739.41 reduced by fifty percent to $2,369.70." In all other respects, the verdict shall remain in fullf~d effect. By t~~J;burt, / ~ :/ ~..,- Edgar B. Bayley, J. -. v5tewart C. Crawford, Esquire 223 North Monroe Street P.O. Box E Media, PA 19063 9asey G. Shore, Esquire V2411 N. Front Street Harrisburg, PA 17110 For Plaintiff o;<feffrey C. Catanzarite, Esquire ~;;~ 707 Grant Street I <<. 7': Pittsburgh, PA 15219 '-l11~. ~ "h For Defendant ~\Y' :sal . o...:.~ o :7" g;; ~ jo u "--."~ 9t-: r3: ~,L ,""5~;::, l' c. Dc:; wo.- ;;duJ u-::e J- '<5 CT> (0 o ::c "'" (0 <N 0- l~d (/> "" """ ~ ~ ~:~) -~J -. 5 o ------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLSTATE INSURANCE COMPANY a/s/o Lewis Straw, Civil Action - Law Plaintiff , No. 04-6271 v. PRAECIPIE FOR APPEARANCE JOHN SHUGHART, III, Filed on Behalf of Defendant Defendant. Counsel of Record for this Party: Jeffrey C. Catanzarite, Esquire Pa. 1.0. #: 72765 Summers, McDonnell, Hudock, Guthrie Ul Skeel, L.L.P. Firm No. B11 Suite 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261..3232 #13372 IN THE COURT OF COMMON PLEAS OF CUMBERLAI\ID COUNTY, PENNSYLVANIA ALLSTATE INSURANCE COMPANY alslo Lewis Straw, Civil Action - Law Plaintiff , No. 04-6271 v. JOHN SHUGHART, III, Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned, Jeffrey C. Catanzarite, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, John Shughart, III, in the above case. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Walsh & Skeel, .L.P. By: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Appearance was served upon counsel of record by mailing the same via first class mail, postage pre-paid, this 6th day of January, 2005, addressed as follows: Stewart C. Crawford, Esquire Law Office of Stewart C. Crawford ~.. Associates 223 North Monroe Street Media, PA 19063 Summers, McDonnell, Walsh & Skeel, L.L.P. By: ........~. ! Catanzarite, Esquire or Deflmdant ': ~".' ~! ' ~ ,- t ""., :j;.~;; o s-;;: " l_ ",,-, :::) .. r'-,) c:.:--;; Co.> CJ'1 C- :r,. ;;c;: (:J -11 '-1 I""T) nl;= ~~~ );"'..;;.. ~:~h-) ~? .~... o -0 -~ c...;> w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLSTATE INSURANCE COMPANY a/s/o Lewis Straw, Plaintiff , v. JOHN SHUGHART, III, Defendant. TO: PLAINTIFF You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. (/- ----- cDONNEL~HUDOCK,GUTHmE #13372 Civil Action - Law No. 04-6271 ANSWER, IIJEW MATTER AND COUNTERGLAIM Filed on Behalf of Defendant Counsel of Record for this Party: Jeffrey C. Catanzarite, Esquire Pa. 1.0. #: 72765 Summers., McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Suite 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLSTATE INSURANCE COMPANY alslo Lewis Straw, Civil Action - Law Plaintiff , No. 04-6271 v. JOHN SHUGHART, III, Defendant. ANSWER. NEW MATTER AND COUNTERCLAIM Defendant, John Shughart, III, by and throu~lh his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Jeffrey C. Catanzarite, Esquire, files the following Answer, New Matter and Counterclaim and in support thereof avers as follows: I. ANSWER 1 . It is admitted that the Defendant was the owner and operator of a motor vehicle involved in an accident on April 25, 2004. The Defendant's address is denied. To the contrary, the Defendant currently resides at 6 James Circle, Shippensburg, PA 17257. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that the Defendant's vehicle was involved in a motor vehicle accident with the Straw vehicle on the date, time and place in question. seq., and pleads the same as an affirmative defense against any and all claims of the Plaintiff. 12. The Defendant avers that the subject aGcident was due to the negligence and carelessness of Plaintiff, Lewis Straw, in that he: a. failed to stop his vehicle at a posted stop sign at the subject intersection; b. operated his vehicle at an unsafe rate of speed; c. was inattentive to the road conditions, traffic and his surroundings; d. failed to properly observe a stop sign controlling his direction of travel; and, e. violated the local laws and the laws of the Commonwealth of Pennsylvania. WHEREFORE, Defendant, John Shughart, III, demands judgment in his favor and against Plaintiff. III. COUNTERCLAIM 13. Paragraphs 1 through 12 are herein incorporated by reference. 14. On the aforesaid date, John Shughart, III, owned a 1997 Mitsubishi Eclipse that was involved in a motor vehicle accident with a vehicle operated by Defendant, Lewis Straw, at the intersection of Noble Boulevard and South West Street in Carlisle, Pennsylvania. 15. On the aforesaid date, John Shughart, III, brought his vehicle to a stop at the stop sign on Noble Boulevard at its intersection with South West Street and entered the intersection before being involved in a motor vehicle accident with the Straw vehicle that failed to stop for a stop sign controlling Straw's direction of travel. 16. Lewis Straw was negligent and careless and the sole cause of this accident in that he: a. failed to stop his vehicle at a posted stop sign at the subject intersection; b. operated his vehicle at an unsafe rate of speed; c. was inattentive to the road conditions, traffic and his surroundings; d. failed to properly observe a stop sign controlling his direction of travel; and, e. violated the local laws and the laws of the Commonwealth of Pennsylvania. 17. Due to this accident, John Shughart, III, incurred expenses for damage to his vehicle that totaled $4,739.41. WHEREFORE, Defendant, John Shughart, III, demands judgment for $4,739.41 plus interest and costs of suit. JURY TRIAL DEMANDED Respectfully submitted, Summers. McDonnllll. Walsh & Skeel, L.L.P. By: . Catanzariite, Esquire for Defendant VERI FICA TION Defendant verifies that he/she is the Defendant in the foregoing action; that the foregoing ANSWER, NEW MATTER AND COUNTERCLAIM is based upon information which he/she has furnished to his/her counsel and information which has been gathered by his/her counsel in the preparation of the lawsuit. The language of the ANSWER. NEW MATTER AND COUNTERCLAIM is that of counsel and not of the Defendant. Defendant has read the ANSWER, NEW MATTER AND COUNTERCLAIM and to the extent that the ANSWER. NEW MATTER AND COUNTERCLAIM is based upon information which he/she has given to his/her counsel, it is true and correct to the best of his/her knowledge, information and belief. To the extent that the content of the ANSWER, NEW MATTER AND COUNTERCLAIM is that of counsel, he/she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 1 B Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: I. 11-0.5- ~~J1l- John Shughart, III, D end ant #13372 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Answer. New Matter and Counterclaim was served upon counsel of record by mailing the same via first class mail, postage pre-paid, this /9/n day of Jtll/Vq/'d~ follows: , 2005, addressed as Stewart C. Crawford, Esquire Law Office of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 Summers, McDonnell, Walsh & Skeel, 1.1.P. By: .,,-- . Catanzarite, Esquire for Defendant (.. 1 [',) "1 '......,' C') n :-;-3 ii-l ',"; ALLSTATE INSURANCE COMPANY, alslo Lewis Straw, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-6271 JOHN SHUGHART, III. Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Plaintiffs, Allstate Insurance Company a/s/o Lewis Straw, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOVER & PERRY By: C e G. Shore, Esquire 1.0. #: 85321 2411 North Front Street Harrisburg,PA 17110 717/232-9900 Date: J. LJt Jc.~ I I .. CERTIFICATE OF SERVICE AND NOW, this ::Yt ,.Jl: day of February, 2005, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Jeffrey C. Catanzarite, Esquire SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, LLP Suite 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 . Shore, Esquire ALLSTATE INSURANCE COMPANY, a/s/o Lewis Straw, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-6271 JOHN SHUGHART, III, Defendant CIVIL ACTION - LAW ANSWER TO COUNTERCLAIM 1-12. No answer is required, as these paragraphs were not directed at answering Plaintiff for purposes of the counterclaim filed by the Defendant. 13. No answer required. 14. Admitted. 15. It is admitted that an accident occurred at the intersection of South West Street and Noble Boulevard in Carlisle, PA. This accident involved vehicles driven by Lewis Straw and John Shughart, III. Any remaining averments in Paragraph 15 are denied pursuant to Rule 1 029(e) of the Pennsylvania Rules of Civil Procedure. 16. Denied pursuant to Rule 1 029(e) of the Pennsylvania Rules of Civil Procedure. 17. Neither admitted nor denied. The Answering party is without sufficient information to form any belief regarding this averment at this time. WHEREFORE, the Plaintiff in the original suit, Lews Straw, respectfully requests that the Counterclaim filed by the Defendant, John Shughart, III, be dismissed. Respectfully submitted, NEALON, GOVER & PERRY By: t#~ C' G. Shore, Esquire 1.0. #: 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: ~<Jlfh~ I f VERIFICATION I, Lewis Straw, verify that the statements made in the foregoing Answer to Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn falsification to authorities. c. f-eiXA...,;J Lewis Straw j;:/ke?"~ "" , Date: Z /2 "Y / OJ CERTIFICATE OF SERVICE AND NOW, this Jj- of' day of March, 2005, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Jeffrey C. Catanzarite, Esquire SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, LLP Suite 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 !.~~ E,<";" .-\-. " \ . ,-'" .,'.,") - . -' ALLSTATE INSURANCE COMPANY a/s/o Lewis Straw, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6271 CIVIL /t\} 2004 v. JOHN SHUGHART, III, 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: J e f f rey C. Ca tan zar i te , E s qu i re , counselforthe/pllJitlt.i'ff/defendant in the above actionNr/a.tIll/Qt)( respectfully represents that: 1. The above-captioned action (/4 ~c/.iPv.rIJ is (/lI;eYal issue. 2. The claim of the plaintiff in the action is $ 6. 382. 78 The counterclaim of the defendant in the action is 4. 739 . 41 The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Stewart C. Crawford, Esquire, and Casey G. Shore, Esquire WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. crA7:s~ ORDER OF court ~ 1/ AND NOW, , 19_. in consideration of the Esq., foregoing petition, Esq., and actions) as prayed for. ,Esq.. are appointed arbitrators in the above captioned action (or By the Court, P.I. t (J 'f-~ " t ~ .1.1) -.-; () ........ -- (;. ~ \l' - -- -- -u ~ ~ ~ P-- 0 ~ - (':' ~ c,~: C<~ ~i:- SHERIFF'S RETURN - REGULAR CASE NO: 2004-06271 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE COMPANY VS SHUGHART JOHN III CPL. KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHUGHART JOHN III the DEFENDANT , at 0930:00 HOURS, on the 22nd day of December, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JOHN SHUGHART III a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 " ,.(',/ ".1"'-,-';/ ,cO,' ..,' -$i' "...... . 7' - ..,1'- .'-' ,,-,>' .',.,".~..," ""; .,1".-,. ,',.1',.:' . .~.~ ...r"':..~,_.~ ! R. Thomas Kline 12/22/2004 STEWART CRAWFORD Sworn and Subscribed to before By: {fi/(::::dJ'!:~ ,.r' me this /() day of . "'/1 i I ./ L?b-1AAA~ 02t~ ,5 A. D. I ;; () . __ l f/~~thonot'~/ ~ ALLSTATE INSURANCE COMPANY a/s/o Lewis straw, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6271 CIVIL /t\} 2004 v. JOHN SHUGHART, III, 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: J ef frey C. Ca tanzar i te, Esquire , counsel for the/pllJitlt.i'ff/defendant in the above action,(dr/a.tlll/Qt,l( respectfully represents that: J. The above-captioned action (.Of ~c/.iPv.rIJ is (/lI;eYat issue. 2. The claim of the plaintiff in the action is $ 6, 382 . 78 The counterclaim of the defendant in the action is 4. 739. 4 1 The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Stewart C. Crawford, Esquire, and Casey G. Shore, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ci;77:s~ ORDER OF cout ~ I/' ANDNO~& foregoing petition. ' , ? /} ./ ~ Esq., and ,/l-/kJl./1.?,n) y'f../> A~~) actions) as prayed for, ,/ , ~~, in consideration of the Esq., ~A'.!~jMPj; , Esq., are appointed arbitrators in the above captioned action (or BY'~~ PJ. >- l"- e) "', ~ l::.:::l 0 ~ ("') t t '!? c~ ,',:':':, c.n ,'1 ulQ a. :::><1" .1.1) ::n: C) '7 ::,;.. 03 :c: :;r; Ci: -, 4 (,)<e () ~~ ;.:5::3 ........ --- (;. -.I <.D _:.~ >- ~ \l' a: .f (/) 0- I JZ -- ~ -U ~~ :.;JUJ 0::: H~:!~ ~ LCj:S a.. .."JLLl ?= 4 g:!O- ~ (,) ~ ..,., ....-:: J = 3 0 = co "'" Iltt~t:.- liv s.a If, (}. ~/~I () t.e-(/V/~ Jrtflt1N Plaintiff JmNSNut;./I'I~r: 15- . In The Court of Common Pleas of Cumberland County, Pennsylvania No?~( t .)7/ Defendant Civil Action - Law. u Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the C;?insti ion of this Comm d that e will discharge the ith fideli . ~ . Signature Signa D-9'V/d 17. ~IC !fee tot' ( rr/'$uduiA1f,' Name (Chainnan) Name ti&/G-N) ~~/C /~AlQR~ JIIMi:!lis EJe~ .p/'-l A.-cLuv.l w \3GV\b~ p~ Law Fmn Law F Law Firm )' /1/1/. ~W ~. 'Ss/O j;/A/J/- ~I <:;020 R.ttv-. f(oa--~ 'j,.'.:t:;.,JO( c;;e:sl ~ <: ;] /1 rJ?. Address Address' L IL C. fJ4 I U ( CI Cu ;;AlII/! /." J'b i/ r? ctJ,(r""':;<-s. b ..,..,,~ ~ ) 705-5 City, ) Zip City, Zip City, Zip r' -If I "D 'I .... IOn f/ "'- ~\.J A d dJ 10/1'.2. war We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) {l",dr<2<Al W, ~o,\b; V\ Name WIi"" ,4w,101('v .3,NI,rlJ -/'1) ~ Dtr/o-'7:f"~i:>rilv'l ",..; Nt, ee.UA//~t!t..A-1M 19~1;;1 #".tJb 7lJ Pt.AWT)F{::" t9~ IV';S CtI/YI LAIN'" Date ofHearing: 11/13 Ire-' Date of Award: :'P.I;'7;>/t;5' ts. (Insert name if applicable.) (Chainnan) Notice of Entry of Award Now, the /3 ~ day of q~Ul- ,20 06" ,at.3: I/', L.M., the above award was entered upon the docket and notice ' ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ,2,qoUV By: Deputy tl ~\. ~~ 'P~0 \;l . ~-;.. ~-4 ,..., 0 0 = = -,., ~~-; ,,-,, ~?D <- s -om -DO W (~C) :.:1...., '.- -.-,--n -c ~~~~ (~ :::: ::5111 ,"'" ~ w ,-j -.' '> ~ -' 0"\ -', .~ , " "...., t ~,--.* , . ALLSTATE INSURANCE COMPANY AlS/O LEWIS STRAW PLAINTIFF : IN THE COURT OF COMMON PLEAS : YORK COUNTY, PENNSYLVANIA v. : NO. 04.6~!71 JOHN SHUGART, III DEFENDANT : JURY TRIAL DEMANDED NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is hereby given that Lewis Straw appeals from the award of the board of arbitrators entered in this case on June 13, 2005,. A copy of this award is attached hereto and incorporated herein by reference. A jury trial is demanded ~. I hereby certify that the compensation of the arbitrators has been paid. Respectfully submitted, NEALON & GOVER By: ~ a ey G. Shore, Esquire . 1.0. #85321 2411 N. Front Street Harrisburg,PA 17110 (717) 232-9900 ~ ~'Q -...} f'- .c::- D -- .... t "'V U -i.s. ~ -0 C- O D ~ g -L - ..__. "..,," ",,,,,,,,, ",,,r),, "..,,, .. Q ~..,: r-> c.;.? ~ '- c:: c" <;f, ~...\ fnr;;:. -08 ~~~l,(=l w,,,,~_,, c....-"\ -0 ~:2(\',';{~ :::t;: "~" ~:<.'\ .. ' ,k,,'" l;? c:> w ]'.,~ ,,,' :< , ,", T PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in d1l1plicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ~ for JURY trial at the next term of civil court. o for trial without a jury. -------------------------------------------------------------------------------..------------------------------------- CAPTION OF CASE (entire caption must be stated in full) ALLSTATE INSURANCE cr:t'IPANY, a/s/o Lewis straw, (check one) ~~ Civil Action - Law ;jQg Appeal from arbitration [J (other) (Plaintitl) vs, The trial list will be called on and Auqust 23. 2005 JOHN SHUGHART, III, Trials commen'~e on September 19, 2005 (Defendant) Pretrials will bl~ held nn August 31, 2005 (Briefs are due 5 days before pretrials vs, No. 04-6271 Term Indicate the attorney who will try case for the party who files this praecipe: Jeffrey C. Catanzarite, Esqu~re Indicate trial counsel for other parties if known: Casey G. Shore, Esquire and stewart C. Crawford, Esquire This case is ready for trial. Signed: L---'-- Date: July 22, 2005 e: t ffrey C. Catanzarite, Attorney for: Jolm Shughart, III Esquire L,>~"'^ '", '",',,, '" ,~-,.' ~.. "', ..-(. "" ...-:=::' C.:" <;"jl I 1') (J1 ~ ALLSTATE INSURANCE COMPANY, alslo LEWIS STRAW, PLAINTIFF v, JOHN SHUGHART, III. DEFENDANT AND NOW, this 71l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-6271 CIVIL TERM ORDER OF COURT day of September, 2005, upon the consent of all parties, a bench trial shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1 :30 p,m., Tuesday:, Se~mber 20, 2005. Atewart C. Crawford, Esquire ~sey G, Shore, Esquire F or Plaintiff -J ~ffrey C, Catanzarite, Esquire For Defendant :sal Edgar B, Bayley, J. \ '" C) -C 0]'---l': "ll' "-'- :r-.: t-= r ::> -. M ~'- r- ::c:'J '::=J "'-' ALLSTATE INSURANCE COMPANY, a/s/o LEWIS STRAW, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN SHUGHART, III, DEFENDANT AND NOW, this 04-6271 CIVIL TERM VERDICT -;zlr day of September, 2005, following a bench trial, and with respect to the accident on April 25, 2004, I find that Lewis Straw is fifty percent causally negligent and John Shughart, III, is fifty percent causally negligent Damages are awarded to plaintiff in the amount of $6,382.78, reduced by fifty percent to $3,191.39. Damages are awarded to John Shughart, III, of $4,739.41 reduced by fifty percent to $2,189.70. ~ewart C. Crawford, Esquire 223 North Monroe Street P.O. Box E Media, PA 19063 ~sey G. Shore, Esquire 2411 N. Front Street Harrisburg, PA 17110 For Plaintiff .~ffrey C. Catanzarite, Esquire 707 Grant Street Pittsburgh, PA 15219 For Defendant :sal By the Court, J/ / A'-'/' , ' - ,//' .." . '-----. ~ <1.. ts uJ-, ~. QC) Ll--- !.l_~.:: QQ DeL U-! 1:J_ :::::!ll..l lL-f!= t5 N C'? ";_. ~_........ ~f -c :a: N C- Lw en v:> = = c--.;