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Home My WebLink About14-4169 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMEN COMMON PLEAS No. !7— 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. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Timothy W. Hershey MDJ-09-1-02 Elizabeth S. Beckley ADDRESS OF APPELLANT CITY STATE ZIP CODE 1410 Silver Creek Drive Mechanicsburg PA 17050 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 06/24/2014 Robert D. Keefer, Jr. v�Timothy W. Hershey DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09102-CV-0000082-2014 n 2 pa,.This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. 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 Robert D. Keefer, Jr. appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. /7 J 7 9 �2/I� )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Robert D. Keefer, Jr. 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date:7 20_ Signature of Prothonotary o—r Deputy YOU MUST INCLUDE A COPY OF ix—II'HE'A7( � DIGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 4 113.60 jDa( AOPC312-05 SO :'7 Hd L 1 Iflf h1 1, COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND J- Case Mag. Dist. No: MDJ-09-1-02 Robert D Keefer Jr. MDJ Name: Honorable Elizabeth S. Beckley V. Address: 1901 State Street Timothy W Hershey Camp Hill, PA 17011 Telephone: 717-761-0583 Joseph R. D'Annunzio, Esq. Docket No: MJ-09102-CV-0000082-2014 4309 Linglestown Rd Ste 211 Case Filed: 5/15/2014 Harrisburg, PA 17112 Cross Complaint Docket No(s): MJ-09102-CV-0000089-2014 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09102-CV-0000082-2014 Robert D Keefer Jr. Timothy W Hershey Judgment for Plaintiff 06/24/2014 MJ-09102-CV-0000089-201400 Timothy W Hershey Robert D Keefer Jr. Judgment for Defendant 06/24/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Robert D Keefer Jr. $0.00 $0.00 $0.00 Timothy W Hershey $0.00 $1,894.97 $1,894.97 Judgment Finding (*PostJudgment) In the matter of Robert D Keefer Jr. vs. Timothy W Hershey-on MJ-09102-CV-0000082-2014, on 6/24/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,772.77 $1,772.77 Filing Fees $0.00 $122.20 $122.20 Grand Total: $1,894.97 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE 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. MIN 2 4 20% Date Elizabeth S.Beckleya ,, certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:06/24/2014 2:19:15PM Robert D Keefer Jr. Docket No.: MJ-09102-CV-0000082-2014 v. Timothy W Hershey Participant List Private(s) Joseph R. D'Annunzio, Esq. 4309 Linglestown Rd Ste 211 Harrisburg, PA 17112 Nathan Charles Wolf, Esq. Wolf&Wolf IOW High St Carlisle, PA 17013-2922 Plaintiff(s) Robert D Keefer Jr. P.O. Box 234 Etters, PA .17319-0234 Defendant(s) Timothy W Hershey 1410 Silver Creek Dr Mechanicsburg, PA 17050 MDJS 315 Page 2 of 2 Printed:06/24/2014 2:19:15PM 2014PRO JUL �� TAR r• 35 CUNBERLAND COUNTY INNS YL ANIA 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 C U w..ev 14r cL ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served au: I a copy of the Notice of Appeal, Common 'Pleas No. , upon the Magisterial District Judge designated therein on -Ztt � (date of serWce) / '' 20 I L4 , ❑ by personalErby // service Ly (certified) (registered) mail, sender's receipt attached hereto, and upon ttheappellee, (nbhie 4 r` o f Tr Ju‘ I $' 20 l.' f by personal service Ly' by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) AFFIRMED) AND SUBSCRIBED BEFORE ME THIS AV' DAY OF f41y 20 1,-1 ‘V' Signature ofQ col before w om affidavit was made hnr n.L.Tra•O f PMNS YLVANiA NOTARIAL SEA KIMBERLY A. STI; LPE I , Notary Public Low Paxton Twp., Dauphin Gounty COMMIS , E)C2k ,lanuary 2, 2017 1Vflzu�✓ Title of official My commission expires on 3:4'J, 20 17 AOPC 312A - 05 Signature of affiant ru ruD tr ra +11 r -i D D , N lD m rU ✓ i C7 * Ui o- ru ✓ l -o r -R D C3 D D D m n.j 1-9 N U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ..Oil• EC�DAL USE Postage Certified Fee Return Receipt Fe (Endorsement Require Restricted Delivery Fe (Endorsement Require Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+4 V-6464.44\PA00 1445:," Ostmark L ✓ Here V Rise ,Rc Pte, 0234 A V?3V Z PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.come OFF-IICEIL L US Postage Certified Fee Return Receipt F (Endorsement Requir Restricted Delivery (Endorsement Requ Ostmark Here it Total Postage & F PS Form 3800, August 2006 See Reverse for Instructions ur THE PROTHONOTAI i' WW I AUG -7 AN IJ: 4 7 Robert D. Keefer, Jr. : IN THE COURT OF COMMON PLEAS 668 Diane Drive t..Ur1EERLAND .OWITCUMBERLAND COUNTY, PENNSYLVANIA Etters, PA 17319, PENNSYLVANIA Plaintiffs No.: 14-4169 Civil v. CIVIL ACTION - LAW Timothy Hershey (MDJ Appeal) 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 TELEPHOEN 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 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 James D. Young, Esquire Attorney I.D. No. 53904 JSDC Law Offices 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 idvAisdc.com Attorneys for Plaintiff Robert D. Keefer, Jr. 668 Diane Drive Etters, PA 17319, Plaintiffs V. Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 14-4169 Civil CIVIL ACTION - LAW (MDJ Appeal) JURY TRIAL DEMANDED COMPLAINT Plaintiff, Robert D. Keefer, Jr., by and through his attorneys, JSDC Law Offices, files this Complaint against Defendant, Timothy Hershey and in support thereof avers as follows: PARTIES Plaintiff, Robert D. Keefer, Jr., (hereinafter "Plaintiff' and/or "Keefer") is an adult individual who resides at 668 Diane Drive, Etters, York County, Pennsylvania, 17319. 2. Defendant, Timothy Hershey, (hereinafter "Defendant" and/or "Hershey") is an adult individual who resides at 1410 Silver Creek Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. VENUE AND JURISDICTION 3. Venue is proper in this judicial district pursuant to Rule 1006, Pennsylvania Rules of Civil Procedure, in that Defendant resides in Cumberland County and the motor vehicle accident giving rise to this civil action occurred in Cumberland County. 4. This Honorable Court has jurisdiction pursuant to 42 Pa. C.S. §931 and §932 in that Defendant has appealed from a civil judgment in favor of Plaintiff entered by Magisterial District Judge Elizabeth S. Beckley (Mag. District No.: 09-1-02). 5. The monetary damages claimed by Plaintiff in the instant action do not exceed the jurisdictional limit for compulsory arbitration pursuant to the Local Rules of Court. FACTUAL BACKGROUND 6. On December 28, 2013 at approximately 1:25 p.m., Plaintiff was driving his vehicle, a 2000 Honda Odyssey Minivan, west bound on State Route 581 ("SR581"), near mile marker 6.3 in Camp Hill Borough, Cumberland County, Pennsylvania. 7. On the above date and time, Defendant was driving his vehicle, a 2000 Chevy Silverado pick-up truck, west bound on SR581 near mile marker 6.3 in Camp Hill Borough, Cumberland County, Pennsylvania. 8. In the area near mile -marker 6.3, SR581 has two west bound lanes of travel, separated by broken lines/lane markers painted on the surface of the roadway. 9. Plaintiff's vehicle was located in the left-hand travel lane and was attempting to pass Defendant's vehicle which was located in the right-hand travel lane of west bound SR581. 10. As Plaintiff's vehicle was beside and overtaking Defendant's vehicle, Defendant suddenly, without warning, and without checking for clearance, attempted a lane change by driving his vehicle into the left hand travel lane. 11. Defendant's vehicle impacted the passenger's side of Plaintiff's vehicle, causing extensive damage to Plaintiff's vehicle. 12. On or about May 15, 2014, Plaintiff filed a Civil Complaint against Defendant with Magisterial District Judge Elizabeth S. Beckley ("MDJ Beckley"), which was docketed to No.: MJ -09102 -CV -0000082-2014 and which sought to recover for the property damage sustained by Plaintiff's vehicle as a result of the December 28, 2013 motor vehicle accident. 13. On or about June 9, 2014, Defendant filed a Counter -Claim Complaint against Plaintiff with MDJ Beckley which was docketed to No.: MJ -09102-0000089-2014 and which sought to recover for the property damage sustained by Defendant's vehicle as a result of the December 28, 2013 motor vehicle accident. 14. On June 24, 2014, MDJ Beckley conducted a hearing on both civil actions, the Civil Complaint and the Counter -Claim Complaint. Plaintiff proceeded pro se at the hearing, while Defendant was represented by two separate counsel. 15. Following that hearing, MDJ found in favor of Keefer in both cases and entered a judgment in the amount of $1,894.97 against Hershey. A true and correct copy of the Notice of Judgment/Transcript Civil Case dated June 24, 2014 in attached hereto, incorporated herein by reference and is marked as Exhibit "A". 16. Hershey has filed appeals from the adverse judgments entered against him by MDJ Beckley in both cases arising out of the December 28, 2013 motor vehicle accident. COUNT I — NEGLIGENCE 17. The averments of paragraphs 1 through 16 of the Complaint are incorporated by reference as if fully set forth at length herein. 18. The aforementioned collision occurred as the direct and proximate result of the negligent, careless and/or reckless conduct of Defendant, Timothy W. Hershey, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Robert D. Keefer, Jr. 19. The negligent, careless and/or reckless conduct of Defendant consisted of the following: (a) Turning a motor vehicle upon a roadway or moving from one traffic lane to another unless and until the movement can be made with reasonable safety in violation of 75 Pa. C.S. 3334(a); (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. 3736(a); (c) Operating a motor vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. 3714; (d) Failing to operate a motor vehicle in such a manner as to avoid causing a collision; (e) Failing to use due care under the circumstances; (f) Failing to maintain proper lookout for other vehicles on the roadway; and (g) Failing to take evasive action to avoid causing a collision. 20. As a direct and proximate result of the negligent, careless and/or reckless conduct of Defendant, Plaintiff incurred property damage to his vehicle in the amount of $1,772.77 for which a claim is hereby made. A true and correct copy of the estimate from Cockrell's Auto Body for the $1,772.77 in property damage sustained by Plaintiff's vehicle in the December 28, 2013 motor vehicle accident is attached hereto, incorporated herein by reference and is marked as Exhibit "B". 21. As a direct and proximate result of the negligent, careless and/or reckless conduct of Defendant, Plaintiff incurred filing fees and service costs of $122.20 with respect to the Civil Complaint filed with MDJ Beckley for which claim is hereby made. \ WHEREFORE, Plaintiff, Robert D. Keefer, Jr. demands damages of $1,897.97 against defendant, Timothy W. Hershey, plus costs of suit, delay damages, interest and such further relief as is warranted under the circumstances. Date: August (0 , 2014 Respectfully submitted, JSDC Law Offices es D. ngf squire y. ID. . 53904 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiffs EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-02 MDJ Name: Honorable Elizabeth S. Beckley Address: 1901 State Street Camp Hill, PA 17011 Telephone: 717-761-0583 Robert D Keefer Jr. P.O. Box 234 Etters, PA 17319-0234 Disposition Summary (cc- Cross Complaint) Docket No Plaintiff MJ -09102 -CV -0000082-2014 Robert D Keefer Jr. MJ -09102 -CV -0000089-201400 Timothy W Hershey Judgment Summary Participant Robert D Keefer Jr. Timothy W Hershey Judgment Finding (*Post Judgment) Notice of Judgment/Transcript Civil Case J)efendant Timothy W Hershey Robert D Keefer Jr. Joint/Several Liability individual Liability $0.00 $0.00 $0.00 $1,894.97 Robert D Keefer Jr. V. Timothy W Hershey Docket No: MJ -09102 -CV -0000082-2014 Case Filed: 5/15/2014 Cross Complaint Docket No(s): MJ -09102 -CV -0000089-2014 Disposition Judgment for Plaintiff Judgment for Defendant Disposition Date 06/24/2014 06/24/2014 Amount $0.00 $1,894.97 In the matter of Robert D Keefer Jr. vs. Timothy W Hershey on MJ -09102 -CV -0000082-2014, on 6/24/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability lndividuAl Liability Deposit Applied Amount Civil Judgment $0.00 $1,772.77 $1,772.77 Filing Fees . $0.00 $122.20 $122.20 Grand Total: $1,894.97 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE. OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE 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 Elizabeth S. Beckley I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 06/24/2014 2:19:15PM Robert D Keefer Jr. v. Timothy W Hershey Private(s) Plaintiff(s) Participant List Joseph R. D'Annunzio, Esq. 4309 Linglestown Rd Ste 211 Harrisburg, PA 17112 Nathan Charles Wolf, Esq. Wolf & Wolf 10 W High St Carlisle, PA 17013-2922 Robert D Keefer Jr.. P.O. Box 234 Etters, PA 17319-0234 Defendant(s) Timothy W Hershey 1410 Silver Creek Dr Mechanicsburg, PA 17050 Docket No.: MJ -09102 -CV -0000082-2014 MDJS 315 Page 2 of 2 Printed: 06/24/2014 2:19:15PM EXHIBIT B Estimate 1/2/2014 Cockrell's Auto Body Federal Tax ID: 431969627 835 W. Trindle Rd. Mechanicsburg, PA 17055 Phone #: (717) 697-9758 Fax #: (717) 697-1705 Customer No: 3528 Report No: 3519 Claim #: Assign No: Vehicle Information Owner - Robert Keefer Accident Location 2000 Honda Odyssey Style: Mechanicsburg, PA 17055 Color. Home Phone: (717) - ColorCode: Work Phone: (717) - Phone #1: - Production Date: / 0 Fax*: (717) - Phone #2: - License: State: PA Insured - Claimant - VIN: Miles In: 0 . Miles Out: 0 Home Phone: (717) - Home Phone: (717) - Condition: Work Phone: (717) - Work Phone: (717) - Estimator. Lucas Duncan Fax #: (717) - Fax #: (717) - Date Assigned: 1/2/2014 Date of Loss: 1/2/2014 Date of Inspection: 1/2/2014 Description of Work Part Number Price . Labor Paint Other FRONT LAMPS - HEADLAMP COMPONENTS R&I Right Front Headlamp assy 0.3 body FENDER - FENDER & COMPONENTS Replace Right Fender _ 60211 SOXA9OZZ $258.17 2.4 body 2.0 +Edging (0.5) +Clearcoat (1.0) 1.5 R&I Right Fender 0.5 body WHEELS - WHEELS Replace LKQ Wheel, alloy *** LKQ *** $125.00 * 0.3 mech FRONT DOOR - DOOR & COMPONENTS Repair Right Front Door Outer panel 4.0* body 2.0 -Adjacent (0.4) +Clearcoat (0.3) -0.1 R&I Right Front Door Belt v/strip 0.3 body FRONT DOOR - EXTERIOR TRIM Replace Right Front Door Body side mldg, van, DX 75302S0XA01 $31.05 0.3 body & LX FRONT DOOR - OUTSIDE MIRRORS R&I Right Front Door Mirror assy, van & DX 0.3 body FRONT DOOR - LOCK & HARDWARE R&I Right Front Door Handle, outside, van, DX & LX 0.4 body SIDE LOADING DOOR. W/O POWER S - DOOR & COMPONENTS Repair Right Door shell 0.5* body 3.0 -Adjacent (0.4) +Clearcoat (0.5) 0.1 SIDE LOADING DOOR. W/O POWER S - EXTERIOR TRIM R&I Right Door Body side midg 0.3 body. SIDE LOADING DOOR. W/O POWER S - LOCK & HARDWARE R&I Right Door Handle, outside 0.4 body Other operations * Align & Adjust suspension 2.0* mech* DEFAULT CHARGES * Hazardous Waste Disposal $5.00* taxed * Cover car for paint $5.00* taxed Sub Totals Page 1 of 2 $414.22 12.0 8.5 Estimate 1/2/2014 Cockrell's Auto Body Federal Tax ID: 431969627 835 W. Trindle Rd. Mechanicsburg, PA 17055 Phone #: (717) 697-9758 Fax #: (717) 697-1705 Customer No: 3528 Report No: 3519 Claim #: Assign No: Hours Rate Total Body Labor 9.7hrs $48.00/hr $465.60 7 Paint Labor 6.7hrs $48.00/hr $321.60 T Clearcoat Labor 1.8hrs $48.00/hr $86.40 7 Mech Labor 2.3hrs $52.00/hr $119.60 7 OEM Parts $289.22 7 LKQ Parts $125.00 7 Paint Supplies 6.7hrs $30.00/hr $201.00 7 Clearcoat 1.8hrs $30.00/hr $54.00 7 Misc Taxed $10.00 7 Tax $1672.42 @ 6.0000% $100.35 Grand Total $1,772.77 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Guide used is (AEG4427). 7/13 ' Indicates Estimator's Judament T Indicates Taxed Item The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after the work has been started. Quotations on parts and labor are current and subject to change. CCC Comp -Est - A product of CCC Information Services Inc. Page 2 of 2 Verification I hereby affirm that the attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel for the pursuit of this lawsuit. The language of the Complaint is that of counsel and not my own. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the Complaint are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: Co RUG Z014 Robert D. Keefer, Jr. 668 Diane Drive Etters, PA 17319, Plaintiffs V. Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 14-4169 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service I hereby certify that I have on this day served a true and correct copy of the foregoing Complaint by First Class U.S. Mail, postage prepaid addressed as follows: Date: Augus , 2014 Joseph R. D'Annunzio, Esquire 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 J es D. Y. ng, squire Attorney fo ainti s James D. Young, Esquire Attorney I.D. No. 53904 JSDC Law Offices 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 idvaisdc.com Attorneys for Plaintiff PRO 711 NO -TA 7014 AUG -7 4811: UNBERL N CO CO P EN'S YL.VAIIIA Robert D. Keefer, Jr. 668 Diane Drive Etters, PA 17319, Plaintiffs v. Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 14-4169 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED Entry of Appearance TO THE PROTHONOTARY: Kindly enter my appearance as Counsel of Record for Plaintiff, Robert D. Keefer, Jr. in connection with the above referenced civil action. Respectfully submitted, JSDC Law Offices Date: August i , 2014 Ja'•"'es D. You Atty. I.D. No. • 04 JSDC Law 0 ces P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiffs ire Robert D. Keefer, Jr. 668 Diane Drive Etters, PA 17319, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No.: 14-4169 Civil Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service I hereby certify that I have on this day served a true and correct copy of the foregoing Complaint by First Class U.S. Mail, postage prepaid addressed as follows: Date: August &, 2014 Joseph R. D'Annunzio, Esquire 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 mes D Attorney ung, Plai s uire BY: Joseph R. D'Annunzio Law Office of Joseph R. D'Annunzio Identification No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 (717) 901-5002 (717) 901-5012 (Fax) jdannunzio@geico.com Attorney for Defendant, Timothy Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C7 r- C'J tTi ROBERT D. KEEFER, JR.,co c� Plaintiff NO. 14-4169 v v. CIVIL ACTION - LAW< TIMOTHY W. HERSHEY, Defendant NOTICE TO PLEAD TO: Robert Keefer c/o James Young, Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 :r - C') CA) , -4 - 722 CD, JURY TRIAL DEMANDED You are hereby notified to file a written response to the enclosed Answer and New Matter of Defendant to Plaintiff s Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Date: 64., 2, LAW OFFICE OF JOSEPH R. D'ANNUNZIO • By: Joseph R. D'Annunzio, Esquire Attorney for Defendant, Timothy Hershey BY: Joseph R. D'Annunzio Law Office of Joseph R. D'Annunzio Identification No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 (717) 901-5002 (717) 901-5012 (Fax) jdannunzio@geico.com Attorney for Defendant, Timothy Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D: KEEFER, JR., Plaintiff v. TIMOTHY W. HERSHEY, Defendant NO. 14-4169 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, TIMOTHY HERSHEY, TO PLAINTIFF'S COMPLAINT 1. Admitted only upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. To the contrary, as the Plaintiff's vehicle was beside and overtaking the Defendant's vehicle, the Plaintiff suddenly and without warning pulled his vehicle to the right to enter the lane then and there occupied by the Defendant causing the vehicles to collide. 19. Denied generally as conclusions of law to which no responsive pleading is required. By way of further answer, it is denied that the Defendant, Timothy W. Hershey was negligent, careless or reckless in the operation of his motor vehicle. To the contrary, he exercised all due and reasonable care in the operation of his motor vehicle. It was the negligence, carelessness and recklessness of the Plaintiff, Robert D. Keefer, Jr. which was the direct and proximate cause of the collision and any damages that were sustained. 20. Denied that the Defendant was negligent, careless or reckless or that his conduct caused or contributed in any way to any injuries or damages allegedly sustained by the Plaintiff. To the contrary, the Defendant exercised all due and reasonable care. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages and the document attached as Exhibit "B". Accordingly, strict proof is demanded. 21. Denied that the Defendant was negligent, careless or reckless or that his conduct caused or contributed in any way to any injuries or damages allegedly sustained by the Plaintiff. To the contrary, the Defendant exercised all due and reasonable care. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages and the document attached as Exhibit "B". Accordingly, strict proof is demanded. WHEREFORE, Defendant, Timothy Hershey, demands that judgment be entered in his favor. NEW MATTER 22. The answers to paragraphs 1 through 21 of Plaintiff's Complaint are incorporated by reference as if fully set forth herein. 23. At all times relevant to this Complaint and cause of action, the Plaintiff, Robert D. Keefer, Jr., was operating his motor vehicle while traveling in the left lane of two lanes on State Route 581. At that time the Defendant, Timothy W. Hershey, was operating a motor vehicle in the right lane of the two lanes traveling on State Route 581. 24. Suddenly and without warning, the Plaintiff, Robert D. Keefer, Jr. caused his vehicle to pull to the right and to enter the lane that was being lawfully occupied by the Defendant, Timothy W. Hershey. 25. As a_result of the action of the Plaintiff, Robert D. Keefer, Jr., the Keefer vehicle struck the Hershey vehicle on the driver front side causing damage to the Hershey vehicle. 26. The collision referred to in this Complaint was the direct and proximate result of the negligence, carelessness and recklessness of the Plaintiff, Robert D. Keefer, Jr. and was directly caused thereby, said negligence consisting of the following: a) The Plaintiff failed to have his motor vehicle under proper and adequate control; b) The Plaintiff failed to have due regard for the rights, safety and position of other vehicles then and there on the highway including the vehicle occupied by the Defendant; c) The Plaintiff entered a lane of travel without looking and assuring himself that it was safe to do so; d) The Plaintiff operated his motor vehicle without exercising reasonable care in attempting to enter the lane of travel occupied by the Defendant. 27. The Plaintiff's claims against the Defendant are barred by the contributory negligence of the Plaintiff which was the direct and proximate cause of the accident and collision. 28. The claims of the Plaintiff are barred by the Pennsylvania Comparative Negligence Act in that the conduct of the Plaintiff was negligent and the negligence exceeded any negligence that can be established on the part of the Defendant. 29. The Plaintiff is barred from recovery in that he voluntarily assumed the risk of his conduct in operating his motor vehicle in an unsafe and unreasonable fashion. WHEREFORE, Defendant, Timothy Hershey, demands that judgment be entered in his favor. Respectfully submitted, Date: .y. -+j✓ Zis )/4 By: f /1'. Joseph R. D'Annunzio, Esquire Attorney for Defendant, Timothy Hershey VERIFICATION I, Timothy Hershey, hereby state that I am the Defendant in this action, and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: A. 2� , 2-01 TIMOTHY FIEIRSHEY BY: Joseph R. D'Annunzio Law Office of Joseph R. D'Annunzio Identification No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 (717) 901-5002 (717) 901-5012 (Fax) j dannunzio@geico. coin Attorney for Defendant, Timothy Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. KEEFER, JR., Plaintiff v. TIMOTHY W. HERSHEY, Defendant NO. 14-4169 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kimberly Stielper, do hereby certify that on this 11--°‘ day of , 2014, I caused a true and correct copy of Defendant, Timothy Hershey's, Answer and New Matter Addressed to Plaintiff, Robert Keefer, to be served upon the following person listed below via first class United States mail, postage prepaid: James Young, Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 LAW OFFICE OF JOSEPH R. D'ANNUNZIO BY: ✓` Kimberlyper, Legal Secretary P James D. Young, Esquire Attorney I.D. No. 53904 JSDC Law Offices 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 idv@isdc.com Attorneys for Plaintiff PRojtioivo 2014 SEP -9 PM I: 5-8 CUNERL AND COU PENNTYS Robert D. Keefer, Jr. 668 Diane Drive Etters, PA 17319, Plaintiffs V. , Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 14-4169 Civil CIVIL ACTION - LAW (MDJ Appeal) JURY TRIAL DEMANDED Plaintiff's Reply to New Matter And now, comes Plaintiff, Robert D. Keefer, Jr., by and through his counsel, JSDC Law Offices, and files this Reply to New Matter and avers as follows: 22. The averments of paragraph 1 through 21 of Plaintiff's Complaint are incorporated by reference as if fully set forth at length herein. 23. Admitted. 24. Denied as stated. As Plaintiff's vehicle was beside and overtaking Defendant's vehicle, Defendant suddenly, without warning and without checking for clearance, attempted a lane change by his vehicle into the left hand travel lane. Defendant's vehicle impacted the passenger side of Plaintiff's vehicle, causing damage to both vehicles. It is denied that Plaintiff exited his lane of travel and entered the right hand lane as alleged. It is further denied that Plaintiff struck Defendant's vehicle as alleged and/or that any action or failure to act on the part of Plaintiff caused the accident as alleged. 25. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. By way of further response, Plaintiff incorporates by reference the averments of his response to paragraph 24 of Defendant's New Matter as if fully set forth at length herein. 26. Denied. The averments of paragraph 26(a) through 26(d) of Defendant's New Matter constitute conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. By way of further response, it is specifically denied that Plaintiff was in any manner negligent, careless and reckless as alleged and it is further denied that any action or failure to act on the part of Plaintiff caused this accident. To the extent that further answer is deemed appropriate, Plaintiff incorporates by reference the averments of his response to paragraph 24 of Defendant's New Matter as if fully set forth at length herein. 27. Denied. The averments of paragraph 27 of Defendant's New Matter constitute conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. By way of further response, it is specifically denied that Plaintiff was in any manner negligent, careless and reckless as alleged and it is further denied that any action or failure to act on the part of Plaintiff caused this accident. To the extent that further answer is deemed appropriate, Plaintiff incorporates by reference the averments of his response to paragraph 24 of Defendant's New Matter as if fully set forth at length herein. 28. Denied. The averments of paragraph 28 of Defendant's New Matter constitute conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. By way of further response, it is specifically denied that Plaintiff was in any manner negligent, careless and reckless as alleged and it is further denied that any action or failure to act on the part of Plaintiff caused this accident. To the extent that further answer is deemed appropriate, Plaintiff incorporates by reference the averments of his response to paragraph 24 of Defendant's New Matter as if fully set forth at length herein. 29. Denied. The averments of paragraph 29 of Defendant's New Matter constitute conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. By way of further answer, it is denied that Plaintiff voluntarily assumed the risk and it is further denied that Plaintiff operated his motor vehicle in an unsafe and unreasonable fashion as alleged. To the extent that further response may be deemed appropriate, Plaintiff incorporates by reference his response to paragraph 24 of Defendant's New Matter as if fully set forth at length herein. WHEREFORE, Plaintiff, Robert D. Keefer, Jr., demands judgment in his favor and against Defendant in the amount of $1,897.97, plus costs of suit, delay damages, interest and such further relief as is warranted under the circumstances. Date: September 8, 2014 Respectfully submitted, JSDC Law Offices Ja s D. Yo Atty. 1.D. No. 904 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff Es ir Verification I hereby affirm that the attached Plaintiff's Reply to New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel for the pursuit of this lawsuit. The language of the Reply to New Matter is that of counsel and not my own. I have read the Reply to New Matter and to the extent that the Reply to New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Reply to New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the Reply to New Matter are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 9 SEP 20t4t- Robert D. Keefer, Robert D. Keefer, Jr. 668 Diane Drive Etters, PA 17319, Plaintiffs V. Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA No.: 14-4169 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service I hereby certify that I have on this day served a true and correct copy of the foregoing Reply to New Matter by First Class U.S. Mail, postage prepaid addressed as follows: Date: September 8, 2014 Joseph R. D'Annunzio, Esquire 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 es D. Y ttorney for ng lain squire James D. Young, Esquire Attorney I.D. No. 53904 JSDC Law Offices 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 jdy@jsdc.com Attorneys for Plaintiff EMOFFICE HE PROTH€0NOTAM 2OMM0CT10 H2O:1 CUMBERLAND COUNTY PENNSYLVANIA Robert D. Keefer, Jr. 668 Diane Drive Etters, PA 17319, Plaintiffs v. Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA • • : No.: 14-4169 Civil • : CIVIL ACTION - LAW : (MDJ Appeal) • : JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above captioned action, "Settled, discontinued, and ended with prejudice." Date: October 8, 2014 By: Respectfully submitted, JSDC Law Offices aamo es D.:quire PA ID No. 53904 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Counsel for Plaintiff Robert D. Keefer, Jr. 9309 liruj(esSo.an ,S k tt Auer: e/4 it Cc2t.unc.e..t Cor Ge cwA' :+'i i i+, o 4v43 0t(4tU4`0-