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HomeMy WebLinkAbout14-4310 Y COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No./t/- X31 o 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)' 6/24/2014 Robert D. Keefer, Jr. vS Timothy W. Hershey DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09102-CV-0000089-2014(cc) This block will be signed ONLY when this notation is required under Pa. If appellan was Clai (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 tiling 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 appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) 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 BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: . 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF�TMAWMWNT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 c� /� 0-304f?70 4 ti T COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND *421-11 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-0000089-2014C0 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 ("Post Judgment) 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. Date Elizabeth S.Beckley =n_... certify that this is a true and correct copy of the record of a proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:06/24/2014 2:19:15PM h 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. Sox 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 FILED -OFFICE OF THE PROTHONO FAR `t' 20I4 AUG -4 AM 9: 41 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 111 a copy of the Notice of Appeal, Common Pleas No. 14-4310 upon the Magisterial District Judge designated therein on (date of service) July24 , 20 14 , ❑ by personal service E by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Robed D.Ke' on July 24 2014 ❑by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS j DAY OF August 20 14 nature of off i- •e o whom affidavit was made 07°°,e/ / 4t/ c. Title of official My commission expires on Lf/ /`) , 20 / (. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Wolf, Notary Public Carlisle Boro, Cumberland County My Commission Ex.Ires April 19, 2)16 M€M13EIt, PENNSYLVANIA AS$OCIATI� ON OF NOTARi AOPC 312A - 05 by (certified) (registered) mail, Sig 'atur . affian SENDER: COMPLETE THIS SECTION • Complete items 1,‘2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. IN Attach this card to thi back of the mailpiece, or on the front if space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Sign u ID Agent _ 0 Addresse --RDbe,r+ D. Kee -Cer,31::; RD . 60x. 33 E -4e -r- PA 11 3 I 2. Article Number (Transfer from sewn B. Rece' ed by P nted Ipme) D. Is delivery address cliff, If YES, enter delive C. Date of Delivery (a A UG 264 Yes N o Registered 4. RestrIcted Delivery? ra 7012 2210 0000 7796 2945,,,, PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. III Print your name and address on the reverse so that we can return the card to you. X Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: a3k s -kr Dis-hac--1. IicC ekt e ci •Z-f-a-fc. Cank_p titP c.) COMPLETE THIS SECTION ON DELIVERY gnature B. eiv by ( Printed Name) Cd „„.„:920-1540f ent 0 Addressee C. Date of Delive 17 s--fi D. Is delivery address iff0 from item 1? Ye If YES, enter delivery address below: 0 No . Service Type X -Certified Mall 0 Express Mail 0 Registered trRetum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer ftm s 7012 2210 0000 7796 2952 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ru r1 r- 11.1 Ui Ri L2 U.S. Postal Servicem, • CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & F !Ai Li JtE, Post Here C.) -34 PS Form 3800, August 2006 - See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided).. For delivery information visit our website at www.usps.como, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Ci Postmark Here JP" V4 • N Sent To 1\1 a bier,' a.1 c+ 41 - Street, j. No.; or PO Box No. IC)3A-ek-i-e_. :feckle City, State, ZIP+4 (70 t PS Form 3800, Au.ust 206 ' . 'See- Reverse for Instructions James D. Young, Esquire Attorney I.D. No. 53904 JSDC Law Offices 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 idy aAisdc.com Attorneys for Defendant 'fru rROT;i l4O ZOT1.4)11iG. 1. CUMBERLAN[ COUNTY PEN}NSYLVANtA Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, PlekitifF b v. Robert D. Keefer, Jr. 668 Diana Drive Etters, PA 17319, • • • • • • • • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2014-4310 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED Entry of Appearance TO THE PROTHONOTARY: Kindly enter my appearance as Counsel of Record for Defendant, Robert D. Keefer, Jr. in connection with the above referenced civil action. Date: August 7, 2014 JSDC Law Offices Ja 'es D. You g,'3 quire Atty. I.D. No. 3904 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Defendant Timothy Hershey 1410 Silver Creek Drive Mechanicsburg, PA 17050, Plaintiff v. Robert D. Keefer, Jr. 668 Diana Drive Etters, PA 17319, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2014-4310 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 Entry of Appearance by First Class U.S. Mail, postage prepaid addressed as follows: Date: August 7, 2014 Nathan C. Wolf, Esquire Wolf & Wolf 10 W. High Street Carlisle, PA 17013-2922 Ja'es D. Ysquire Attorney for ' lain ills NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW ATTORNEY ID # 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 TELEPHONE 717-241-4436 ATTORNEY FOR PLAINTIFF TIMOTHY W. HERSHEY Plaintiff vs. ROBERT D. KEEFER, JR., Defendant In the Court of Common Pleas of Cumberland County Pennsylvai m co No. 2014-4310 i n ) Civil Action - Law NOTICE 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW ATTORNEY ID # 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 TELEPHONE 717-241-4436 ATTORNEY FOR PLAINTIFF TIMOTHY W. HERSHEY Plaintiff vs. ROBERT D. KEEFER, JR., Defendant In the Court of Common Pleas of Cumberland County Pennsylvania No. 2014-4310 Civil Action - Law COMPLAINT AND NOW COMES the plaintiff, Timothy Hershey, by and through his attorney, Nathan C. Wolf, Esquire, and respectfully sets forth the instant Complaint averring as follows: 1. The plaintiff is Timothy Hershey, an adult individual having an address of 1410 Silver Creek Drive, Mechanicsburg, Pennsylvania 17050. 2. The defendant is Robert D. Keefer, Jr., an adult individual residing at 668 Diane Drive, Etters, PA 17319. 3. On or about December 28, 2013, at approximately 1:25 p.m., Plaintiff was operating his vehicle, a 2000 Chevrolet Silverado, westbound on S.R. 581 near mile marker 6.3 in Cumberland County, Pennsylvania. 4. Plaintiff was driving in the right hand lane of S.R. 581 which is a four -lane limited access highway having two lanes dedicated to each direction of travel in the area of mile marker 6.3 that are separated by a broken white line. 5. Defendant was travelling in the same direction on S.R. 581 in the left hand lane in a 2000 Honda Odyssey. 6. When Defendant was attempting to overtake and pass Plaintiff's vehicle, the Defendant suddenly and without warning exited his lane of travel and entered the right hand lane, striking the Plaintiff's vehicle on the driver's side causing damage to both vehicles. 7. At no time prior to the collision did Plaintiff leave his lane of travel. 8. At no time did Plaintiff's actions contribute or cause the collision or the damages resulting therefrom. 9. Defendant's negligent and careless action was the direct and proximate cause of the collision and the resulting damages to Plaintiff's vehicle. 10. Plaintiff has obtained an estimate of losses from a reputable auto body repair facility totaling $2,032.16. A true and correct copy of the estimate of damages has been attached hereto and is incorporated herein as Exhibit A. 11. Defendant was negligent and careless in: a. Failing to use due care in the operation of a motor vehicle; b. Failing to perform a change from one traffic lane to another at such time when said change could be accomplished with reasonable safety; c. Failing to operate his vehicle in a safe manner and failing to take such action necessary to avoid a collision; d. Operate his vehicle in a reckless fashion; e. Operating his vehicle in a manner evidencing a careless disregard for the safety of other persons and/or property; f. Failing to maintain proper lookout for other vehicles on the roadway; and g. Failing to keep his vehicle under control. 12. Plaintiff did have the estimated repairs performed on his vehicle and has therefore incurred actual losses as a result of Defendant's negligent and careless behavior. 13. Moreover, Plaintiff has incurred costs associated with filing and service of the instant action. WHEREFORE, Plaintiff, Timothy W. Hershey, demands judgment against the defendant Robert D. Keefer, Jr. in the amount of $2,032.16 plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court, along with any additional relief the Court deems appropriate and just. Dated: August 73, 2014 Respectfully submitted, WOLF & : - F, Attorneys at Law Na . Wolf, Esquire 10 - st High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, Nathan C. Wolf, Esquire, depose and say that I am the attorney for Plaintiff, Timothy W. Hershey, and that while I do not have personal knowledge of all the facts recited in the foregoing Complaint, the information contained therein has been collected and made available to me by others and said Complaint is true and correct to the best of my knowledge, information and belief at this point in time and is therefore verified on behalf of Plaintiff. At the time of the filing of this pleading, the Plaintiff is out of the jurisdiction and a substitute verification executed by Plaintiff will be filed upon his return to the jurisdiction. I make this statement subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: August /3 , 2014 Nathan olf, Esquire Atto - for Plaintiff Timothy W. Hershey JUN -19-14 05:45 AM 4a. HANFTLAWFIRM GEICO CENTRAL PENNSYLVANIA EMAIL ALL SUPPLEMENTS TO R 1ADSU PPPA@G EICO. CO M OR FAX TO 666-955-0278 Phone: (443)827-6225 Fax: (855) 800-5793 Estimate of Record 7172490457 P-04 Claim #: Workfile ID: 0353106530101056-01 fd311636 Written By: TRACY ZEPLO, License Number: 610845, 01/10/2014 08:46:29 AM Adjuster: F985 Insured: TIMOTHY HERSHEY Policy #: 4138446648 Claim #: 0353406530101056.01 Type of Loss: Collision Date of Loss: 12/28/2013 01:30 PM Days to Repair: 8 Point of Impact: 08 Left Qtr Post Deductible: 500,00 (Left Side) Owner: TIMOTHY HERSHEY 1410 SILVER CREEK DR MECHANICSBURG, PA 17050.2085 (717)319.2496 Evening Inspection Location: FAULKNER HYUNDAI 2060 PAXTON ST HARRISBURG, PA 17111-0000 Drlve•In (717) 213-3300 x0000 Day Appraiser Information: tzeplo©geico,com (443) 827-8225 Repair FedIIty: OWNERS CHOICE VEHICLE Year: 2000 Color: Int: License: YZD6984 Production Date: Make: CHEV Body Style: 40 SHORT State: PA Odometer: Model: K2500 4X4 Engine: 8 -6.0L -FI VIN: 1GCGK29U7YE384917 Condition; SILVERADO EXT HD 175981 TRANSMISSION Automatic Transmission Overdrive 4 Wheel Drive POWER Power Steering Power Brakes Power Locks Power Mirrors Heated Mirrors DECOR Dual Mirrors Body Side Moldings 01/10/2014 08;46:29 AM Privacy Glass Console/Storage Overhead Console CONVENIENCE Air Conditioning Intermittent Wipers Tilt Wheel Cruise Control Rear Defogger Keyless Entry Message Center RADIO AM Radio FM Radio Stereo Search/Seek CD Player Cassette SAFETY Drivers Side Pr Bag Passenger Alr Bag Anti -Lock Brakes (4) 4 Wheel Disc Brakes Positraction SEATS Cloth Seats 031352 Cut61 ,t1 Bucket Se= Reclining/Lounge Seats WHEELS Aluminum/AH y Wheels PAINT TWo Tone Paint OTHER Fop Lamps 'Ruck Trailer Hitch Trailerng Package Page 1" • JUN -19-14 05:46 AM Line 1 # ELECTRONIC SIGNATURE FOR TRACY L ZEPLO; PA LICENSE #610845 HANFTL,AWFIRM Estimate of Record 7172490457 2000 CHEV K2500 4X4 SILVERADO EKT HO 40 SHORT 8 -6.0L -FI Oper Description 2 REAR BUMPER 3 R&I R&I bumper assy 4 REAR LAMPS 5 R&I LT Combo lamp assy 1/2 & 3/4 ton 6 PICK UP 80X 7 "` Rpr LT Outer side panel 8 Add for Clear Coat 9 Add for Two Tone 10 # Rpr BODY PULL • LFT S10E PANEL 11 Bind Fuel door 12 Rept LT Decal"4x4" 13 R&I LT Body side mldg Chevrolet gold 14 R&I LT Flare paint to match 15 * Rpr LT Flare paint to match 16 Overlap Major Non•Adj, Panel 17 Add for Clear Coat 18 # R&1 Bed Cover 19 Rept Set back box assy 20 CAB 21 + Rpr LT Unlside assv - LOWEF CAB CORNER 22 Overlap Major Adj, Panel 23 Add for Gear Coat 24 Repl LT Nameplate "LS" 25 REAR DOOR 26 " Rpr LT Outer pan& 27 Overlap Major Adj, Panel 28 Add for Clear Coat 29 "' Repl A/M LT Body side mldg C7levrolet paint to mtch 30 Overlap Minor Panel 31 Add for Clear Coat 32 FRONT DOOR 33 Bind LT Outer panel 34 R&I LT Belt w'strip 35 R&I LT Body side mldg Chevrolet paint to mtch 36 Repl LT Nameplate Chevrolet "CHEVY 2500" 37 R&I LT Mirror painted 38 R&1 LT Handle, outside w/o luxury pkg 39 8131 LT R&I trim panel 40 # Repl Pinstripes - Tape 41 # Refn COVER CAR 01/10/2014 08:46:29 AM 031352 Claim #: : 035340653010105 Workflle ID: fd31 dad ice P. 06 Print 16.93 19.32 66.00 46.37 1 45.00 T 1.0 0.4 3.1 1,2 1.2 -1.0 0,2 0.3 4.3 0,4 L.4 1.0 -0.2 0.2 1.0 0.1 0.2 9.Q 2.1 -0.4 0.3 0.3 0,4 -0.2 0.1. 0.3 9.1 0.2 0.4 0,4 0,4 0.2 Page 2 JUN -19-14 05:45 AM HANFTLAWFIRM Estimate of Record 717249045? P. 05 Claim #: 0353406S301010'S6• 4 Workfite ID: fd311686 2000 CHEV K2500 4X4 SILVERADO EXT HD 40 SHORT 8.6,01-F1 42 # Repl Restore Corrosion Protection 1 10.00 T 0.2 93 OTHER CHARGES 44 # E.P.C. 1 3.00 SUBTOTALS 206.62 21.6 10.1 ' Line 7; REPAIR TIME IS AFTER PULL Prior Damage Notes: LFT FDR DENT 01/10/2014 08:46,29 AM ESTIMATE TOTALS Category Parts Body Labor Paint Labor Paint Supplies Miscellaneous Other Charges Subtotal Sales Tax Total Cost of Repairs Deductible Total Adjustments Net Cost of Repairs NOTES Basis Rate Cod i 148.62 21.6 hrs @ $ 46.00 /hr 99160 10.1 hrs $ 46.00 /hr 464.60 10.1 hrs @ $ 25.00 /hr 252.50 55.00 3.00 917.3 500.00 531.18 031352 Page 3 NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW ATTORNEY ID # 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 TELEPHONE 717-241-4436 ATTORNEY FOR PLAINTIFF TIMOTHY W. HERSHEY Plaintiff vs. ROBERT D. KEEFER, JR., Defendant In the Court of Common Pleas of Cumberland County Pennsylvania No. 2014-4310 Civil Action - Law CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served the foregoing pleading upon the recipient listed at the address below by placing the same in the U.S. Mail First Class, postage prepaid on the date indicated below: James D. Young, Esquire JSDC Law Office 134 Sipe Avenue Hummelstown, PA 17036 (Counsel for Defendant) Date: August `-� , 2014 NAT C. WOLF, Esquire Cou 1 for Plaintiff Y NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW ATTORNEY ID # 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 TELEPHONE 717-241-4436 ATTORNEY FOR PLAINTIFF TIMOTHY W. HERSHEY Plaintiff vs. ROBERT D. KEEFER, JR., Defendant FILED -OFFICE THE ! f iE PROTHQNit k 'f 7014 AUG 26 PH 2: 49 CUMBERLAND. COUNT Y PENNSYLVANIA In the Court of Common Pleas of Cumberland County Pennsylvania No. 2014-4310 Civil Action - Law PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification in place of the Verification executed by counsel for the Plaintiff and attached to the Complaint filed on August 13, 2014 in the above -referenced case. Dated: August L, 2014 BY: Respectfully submitted, WOLF & WOLF A-TH ► . WOLF, ESQUIRE ATT Ili' EY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 11 VERIFICATION I, Timothy W. Hershey, hereby verify that I am the plaintiff in the instant action, and that the facts set forth in the foregoing pleading are true and correct to the best of my information and belief. The statements in the foregoing complaint were chosen by my attorney and the precise language thereof is of my attorney's choosing and not my own. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: S /11 / LitA411 Timothy W. i ershey NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW ATTORNEY ID # 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 TELEPHONE 717-241-4436 ATTORNEY FOR PLAINTIFF TIMOTHY W. HERSHEY Plaintiff In the Court of Common Pleas of Cumberland County Pennsylvania vs. ROBERT D. KEEFER, JR., No. 2014-4310 Defendant Civil Action - Law CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served the foregoing praecipe upon the recipient listed at the address below by placing the same in the U.S. Mail First Class, postage prepaid on the date indicated below: James D. Young, Esquire JSDC Law Office 134 Sipe Avenue Hummelstown, PA 17036 (Counsel for Defendant) Date: August 4r2014 THAN C. WOLF, Esquire Counsel for Plaintiff _ L James D. Young, Esquire Attorney I.D. No. 53904 21 f, SEP -2 PH 12: " { JSDC Law Offices CUMBERLAND COUNTY 134 Sipe Avenue PENNSYLVANIA Hummelstown, PA 17036 (717) 533-3280 idy(a�isdc.com Attorneys for Defendant Timothy Hershey IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 2014-4310 Civil Robert D. Keefer, Jr., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Timothy W. Hershey do Nathan C. Wolf, Esquire Wolf& Wolf, Attorneys at Law 10 West High Street Carlisle, PA 17013-2922 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. JSDC Law Offices I Date: August 29, 2014 -71'C titAN James D. Young, ' quire Atty. I.D. No. 53904 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Defendant James D. Young, Esquire Attorney I.D. No. 53904 JSDC Law Offices 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 idy(c�jsdc.com Attorneys for Defendant Timothy Hershey IN THE COURT OF COMMON PLEAS Plaintiff, • CUMBERLAND COUNTY, PENNSYLVANIA • v. No.: 2014-4310 Civil • Robert D. Keefer, Jr., • CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Robert D. Keefer, Jr., by and through his attorneys, JSDC Law Offices, and files this Answer with New Matter to Plaintiff's Complaint and avers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted. 6. Denied as stated. It is admitted only that as Defendant's vehicle was beside and overtaking Plaintiff's vehicle, Plaintiff suddenly, without warning, and without checking for clearance attempted a lane change by driving his vehicle into the left hand travel lane. Plaintiff's vehicle impacted the passenger side of Defendant's vehicle, causing damage to both vehicles. It is denied that Defendant exited his lane of travel and entered the right hand lane as alleged. It is further denied that Defendant struck Plaintiff's vehicle and/or that any action or failure to act on the part of Defendant caused the accident as alleged. 7. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant incorporates by reference the averments of his answer to paragraph 6 of Plaintiff's Complaint as if fully set forth at length herein. 8. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. By way of further answer, Defendant incorporates by reference the averments of his answer to paragraph 6 of Plaintiff's Complaint as if fully set forth at length herein. 9. Denied. These averments 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, Defendant incorporates by reference the averments of his answer to paragraph 6 of Plaintiff's Complaint as if fully set forth at length herein. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of paragraph 10 of Plaintiff's Complaint and the same are therefore denied with strict proof demanded, if relevant. By way of further answer, it is specifically denied that any action or failure to act on the part of Defendant caused any damage to Plaintiff's vehicle as alleged. 11. Denied. The averments of paragraph 11(a) through 11(g) constitute conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure and the same therefore deemed to be denied. By way of further answer, Defendant incorporates by reference the averments of his answer to paragraph 6 of Plaintiff's complaint as if fully set forth at length herein. 12. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. By way of further answer, it is specifically denied that any action or failure to act on the part of Defendant caused any damage to Plaintiff's vehicle as alleged. To the extent that further answer is deemed appropriate, Defendant incorporates by reference the averments of his answer to paragraph 6 of Plaintiff's Complaint as if fully set forth at length herein. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter judgment in favor of Defendant and against Plaintiff along with the allowable attorney's fees and costs. NEW MATTER 13. Plaintiff's Complaint fails to state any cognizable claims or causes of action. 14. This motor vehicle accident occurred as the direct and proximate result of the negligent, careless and/or reckless conduct of Plaintiff, Timothy W. Hershey, and was due in no manner whatsoever to any act or failure to act on the part of Defendant, Robert D. Keefer, Jr. 15. The negligent, careless and/or reckless conduct of Plaintiff 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. 16. Plaintiff's claims are barred by his own contributory negligence. 17. Plaintiff's claims are barred and/or limited by application of the doctrine of comparative negligence. 18. Investigation and discovery may reveal that Plaintiff's claims are barred and/or limited by Plaintiff's failure to mitigate damages. 19. Investigation and discovery may reveal that Plaintiff's claims are barred and/or limited by the doctrines of accord and satisfaction. 20. Plaintiff may have assumed the risk. 21. The damages claimed by Plaintiff may be limited pursuant to the provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701, et. seq. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and enter judgment in favor of Defendant and against Plaintiff along with the allowable attorney's fees and costs. JSDC Law Offices Date: August 29, 2014 Jan16s D. Young, squ re Atty. I.D. No. 5 4 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Defendant Verification I hereby affirm that the attached Answer with New Matter to Plaintiff's 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 Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter and to the extent that the Answer with 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 Answer with 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 Answer with New Matter are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. A DATE: Za /U( Zoi' -___ Robert D. = Timothy Hershey • IN THE COURT OF COMMON PLEAS 1410 Silver Creek Drive • CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA 17050, • Plaintiff No.: 2014-4310 Civil • v. • : CIVIL ACTION - LAW Robert D. Keefer, Jr. 668 Diana Drive Etters, PA 17319, • Defendant : JURY TRIAL DEMANDED Certificate of Service I hereby certify that I have on this day served a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Complaint and New Matter by First Class U.S. Mail, postage prepaid addressed as follows: Nathan C. Wolf, Esquire Wolf& Wolf 10 W. High Street Carlisle, PA 17013-2922 Date: August 29, 2014 Ja e: D. Young, ' squ- Att. ey for Defe'dant h 1 NATHAN C.WOLF,ESQUIRE Y i (� �{ t J i N.it 1 WOLF&WOLF,ATTORNEYS AT LAW ATTORNEY ID#87380 10 WEST HIGH STREET 2014 OCT 15 FM CARLISLE PA 17013-2922 TELEPHONE 717-241-4436 ATTORNEY FOR PLAINTIFF CUMBERLAND COUa TIMOTHY W.HERSHEY In the Court of Common Pleas of Plaintiff Cumberland County Pennsylvania VS. ROBERT D.KEEFER,JR., No. 2014-4310 Defendant Civil Action—Law (MDJ Appeal) PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above captioned action, "Settled, discontinued, and ended with prejudice." Respectfully submitted, WOLF &WO F Dated: October 312014 BY,- NA C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF James D. Young,Esquire Attorney I.D. No. 53904 JSDC Law Offices 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 jdy@jsdc.com Robert D. Keefer,Jr. : IN THE COURT OF COMMON PLEAS 668 Diane Drive : CUMBERLAND COUNTY, PENNA Etters, PA 17319, Plaintiffs No.: 14-1510 Civil V. CIVIL ACTION-LAW Timothy Hershey (MDJ Appeal) 1410 Silver Creek Drive Mechanicsburg,PA 17050, Defendants JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above captioned action, "Settled, discontinued, and ended with prejudice." Respectfully submitted, JSDC Law Offices Date: October 8, 2014 By: 9&0 es D. Y quire PA ID No. 53904 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Counsel for Robert D. Keefer, Jr.