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HomeMy WebLinkAbout06-2368SAFRONIA PERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No.: 2006 - bra? CIVIL TERM ABIGAIL HEMENWAY and CARL B. HEMENWAY, : CIVIL ACTION - LAW Defendants 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 AVISO USTED HA SI DO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui an contra suya. Se le advierte de qua si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. S1 LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARPOR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HENNING & ROSENBERG, LLP By Matthe . Crosby, Esq. I. D.# 69367 1300 Linglestown Road, Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff F:\WP Directories\BWS\Complaints\MVA\Tuming\Perry -vehicle making left.wpd SAFRONIA L. PERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006 - a3`d> CIVIL TERM ABIGAIL HEMENWAY and CARL P. HEMENWAY, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, comes the Plaintiff, Safronia L. Perry, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and makes the within Complaint against the Defendants, Abigail Hemenway and Carl P. Hemenway, and avers as follows: 1. Plaintiff, Safronia L. Perry, is a competent adult individual, currently residing at 154 z Lincoln Street, Carlisle, Cumberland County, PA 17013. 2. Defendant, Abigail Hemenway, is an adult individual currently residing at 2223 Wharton Road, Glenside, Montgomery County, PA 19038. 3. Defendant, Carl P. Hemenway, is an adult individual currently residing at 2223 Wharton Road, Glenside, Montgomery County, PA 19038. 4. At all times material hereto, Plaintiff, Safronia L. Perry, was the owner and operator of a 1995 Saturn, bearing Pennsylvania Registration Plate Number EMX3992, (hereinafter referred to as 'Plaintiffs vehicle"). 5. At all times material hereto, Defendant, Abigail Hemenway, was the operator of a 1999 Toyota, bearing the Pennsylvania Registration Plate Number FHR1435 and which was owned by Carl P. Hemenway (hereinafter referred to as "Defendants' vehicle") 6. At the time of this collision, Plaintiff, Safronia L. Perry, was insured under a motor vehicle policy through State Farm Insurance. Said policy provided, and entitled, Plaintiff to full-tort rights. 7. On or about July 26, 2004, at approximately 5:15 pm, Plaintiffs vehicle was traveling northbound, in the right travel lane of Giant Drive in Middlesex Township, Cumberland County. 8. On or about July 26, 2004, at approximately 5:15 pm, Defendants' vehicle was traveling southbound on Giant Drive in Middlesex Township, Cumberland County. 9. At approximately the same time and place, as Plaintiffs vehicle was lawfully traveling northbound, Defendants'vehiclefailed to yield the right-of-way to Plaintiffs vehicle and attempted to make a left-hand turn, directly into the path of Plaintiffs vehicle. 10. As a direct and proximate result of the negligence of Defendants, the Plaintiff, Safronia L. Perry, sustained serious and extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE SAFRONIA L. PERRY v. ABIGAIL HEMENWAY 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length. 12. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Safronia L. Perry, were caused directly and proximately by the negligence of Defendant, Abigail Hemenway, generally, and, more specifically, as set forth below: -2- a. In failing to yield the right-of-way to Plaintiff s vehicle which approached and entered the intersection from the opposite direction, in violation of 75 Pa. C.S.A. § 3322; b. In failing to be reasonably vigilant to observe Plaintiffs vehicle; C. In failing to properly and adequately observe the traffic conditions then and there existing; d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714; e. In failing to operate Defendants' vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiffs vehicle; f. In failing to operate Defendants' vehicle under proper and adequate control so that she could avoid striking Plaintiffs vehicle; g. In failing to yield the right-of-way to Plaintiffs vehicle which was already in the intersection, in violation of 75 Pa. C.S.A. § 3324; h. In failing to operate Defendants' vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; i. In failing to execute a left-hand turn across opposing traffic lanes without allowing adequate space for Defendants' vehicle to execute the turn so as to avoid a collision with oncoming traffic; In failing to exercise a high degree of care required of vehicle operators as they enter an intersection; and k. In driving Defendants' vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights 3- and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. As a direct and proximate result of the Defendant, Abigail Hemenway's, negligence, the Plaintiff, Safronia L. Perry, sustained severe injuries, including, but not limited to, injuries to her neck, upper-back, low-back, and shoulder. 14. As a direct and proximate result of the Defendant, Abigail Hemenway's, negligence, the Plaintiff, Safronia L. Perry, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 15. As a direct and proximate result of the Defendant, Abigail Hemenway's, negligence, the Plaintiff, Safronia L. Perry, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 16. As a direct and proximate result of the Defendant, Abigail Hemenway's, negligence, the Plaintiff, Safronia L. Perry, has been, and will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 17. Asa direct and proximate result of the Defendant, Abigail Hemenway's, negligence, the Plaintiff, Safronia L. Perry, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. 18. As a direct and proximate result of the negligence of the Defendant, Abigail Hemenway, the Plaintiff, Safronia L. Perry, has suffered physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future to her physical, emotional and financial detriment and loss. -4- 19. Plaintiff, Safronia L. Perry, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Safronia L. Perry, seeks damages from Defendant, Abigail Hemenway, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - NEGLIGENT ENTRUSTMENT SAFRONIA L. PERRY v. CARL P. HEMENWAY 20. Paragraphs 1 through 19 are incorporated herein as if set forth at length. 21. At all times material hereto, Defendant, Carl P. Hemenway, owned Defendants' vehicle. 22. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Safronia L. Perry, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Carl P. Hemenway, in allowing Abigail Hemenway to operate Defendants' vehicle when he knew, or should have known, of her propensity to operate motor vehicles in the manner set forth in Paragraph 12(a) - (k) above. 23. As a direct and proximate result of the negligence of the Defendant, Carl P. Hemenway, the Plaintiff, Safronia L. Perry, sustained severe injuries including, but not limited to, injuries to her neck, upper back, low back, and shoulder. 24. As a result of the negligence of Defendant, Carl P. Hemenway, the Plaintiff, Safronia L. Perry, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her loss, humiliation and embarrassment. -5- 25. As a result of the negligence Defendant, Carl P. Hemenway, the Plaintiff, Safronia L. Perry, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 26. As a result of the negligence of Defendant, Carl P. Hemenway, the Plaintiff, Safronia, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 27. As a result of the negligence of Defendant, Carl P. Hemenway, the Plaintiff, Safronia L. Perry, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 28. As a result of the negligence of Defendant, Carl P. Hemenway, the Plaintiff, Safronia L. Perry, has suffered a loss of life's pleasures, and will continue to endure the same in the future to her detriment and loss. 29. As a direct and proximate result of the negligence of the Defendant, Carl P. Hemenway, Plaintiff, Safronia L. Perry, has suffered physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future to her physical, emotional and financial detriment and loss. 30. Plaintiff, Safronia L. Perry, believes and, therefore, avers that her injuries are permanent in nature. -6- WHEREFORE, Plaintiff, Safronia L. Perry, seeks damages from Defendant, Carl P. Hemenway, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: Respectfully submitted, HAND77 ERG, LLP By Matthew S. Crosby, Esq. Attorney I.D. # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff -7- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not of my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d), relating to unsworn falsification to authorities. DATE: i 'r ;t c A calke 1 SAFRONI PERRY ? C ts- SAFRONIA PERRY, Plaintiff V. ABIGAIL HEMENWAY and CARL B. HEMENWAY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-2368 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint, copies of which are attached, against Defendants Abigail Hemenway and Carl B. Hemenway in this matter, pursuant to Pennsylvania Rule of Civil Procedure 401 (2). Please then send two copies of the reinstated, clocked-in Complaints, along with one copy of the Interrogatories and Requests for Production for each Defendant, the two checks, and the Instructions to the Sheriff to the Sheriff of Cumblerland County for their deputization of the Sheriff of Philadelphia County to serve these documents. Also, please return the reinstated, clocked-in copies of the Complaint and a clocked-in copy of the Praecipe and Instructions to our office in the courtesy envelope provided. Thank you. Matthew S. Crosby, Esq. Supreme Ct. ID No. 69367 1300 Linglestown Rd. Harrisburg, PA 17110 ?jla f Z?? 717-238-2000 Date: Attorneys for Plaintiff HANDLER, hl NING & ROSENBERG, LLP ?r B C) r-a cl, 7 1 T -n ` - j -T I f 4 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, CIVIL DIVISION Plaintiff, NO. 2006 - 2368 V. PRAECIPE FOR APPEARANCE ABIGAIL HEMENWAY and CARL B. HEMENWAY, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14690 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, CIVIL DIVISION Plaintiff, V. NO. 2006 - 2368 ABIGAIL HEMENWAY and (Jury Trial Demanded) CARL B. HEMENWAY, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendants, Abigail Hemenway and Carl B. Hemenway, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Rauch, Esquire for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9 "ay of 2006. Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. By: D.'Rauch, Esquire el for Defendants c? ? c? ? `- ? ? ? , ,, ? ,? ??;?; ?, ?.r. =1?. ?- ' rri -- O :? ?! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, Plaintiff, CIVIL DIVISION NO. 2006 - 2368 V. ABIGAIL HEMENWAY and CARL P. HEMENWAY, Defendants. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Mr within 7st' (20) days from se ice hereof udgment may, b ggteyegl a i ou. K evin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 & Skeel, L.L.P Hudock, (717) 901-5916 #14690 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, CIVIL DIVISION Plaintiff, V. NO. 2006 - 2368 ABIGAIL HEMENWAY and (Jury Trial Demanded) CARL P. HEMENWAY, Defendants. ANSWER AND NEW MATTER AND NOW, come the Defendants, Abigail Hemenway and Carl P. Hemenway, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and file the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 1, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 2. Denied. The Defendant, Abigail Hemenway, currently resides at 12 Station Lane, Philadelphia, PA 19118. 3. Denied. The Defendant, Carl P. Hemenway, currently resides at 12 Station Lane, Philadelphia, PA 19118. 4. Admitted. 5. Admitted. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. After a reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 7, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that a collision occurred between the parties' respective vehicles on the date, time, and place in question. The remaining allegations are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. In response to paragraph 11, the Defendants reiterate and repeat all of their responses in paragraphs 1 through 10 as if fully set forth at length herein. 12. Paragraph 12 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Abigail Hemenway, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. 20. In response to paragraph 20, the Defendant reiterates and repeats all of the responses in paragraphs 1 through 19 as if fully set forth at length herein. 21. Admitted. 22. Paragraph 22 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 23. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 24. Paragraph 24 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 25. Paragraph 25 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 26. Paragraph 26 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 27. Paragraph 27 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 28. Paragraph 28 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 29. Paragraph 29 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 30. Paragraph 30 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Carl P. Hemenway, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 31. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and the Defendants assert, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 32. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 33. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then the Defendants set forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages. 34. The Defendants plead any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Abigail Hemenway, respectfully request this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: D. Rauch, Esquire el for Defendants VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Abig i Hemenway #14690 VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 74 ? a d 29?! P ? yN? Date.. Carp r Hemenway #14690 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been, mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this1 day of 2006. Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, V.P. KO4in D. Rauch, Esquin Counsel for Defendants ,• =:? _"i i i f SAFRONIA PERRY, Plaintiff V. ABIGAIL HEMENWAY and CARL B. HEMENWAY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006 - 231.E CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANTS. ABIGAIL HEMENWAY'S AND CARL B. HEMENWAY'S NEW MATTER AND NOW, comes the Plaintiff, Safronia Perry, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq. and replies to Defendants, Abigail Hemenway's and Carl B. Hemenway's, New Matter as follows: 31. Denied. The allegations in Paragraph 31 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 32. Denied. The allegations in Paragraph 32 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. specifically denied. 33. Denied. The Plaintiff did not select limited tort on her automobile insurance policy that was in effect at the time of this crash. By way of further answer, the allegations in Paragraph 33 contain conclusions of law to which no response is -1- r required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 34. Denied. The allegations in Paragraph 34 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendants' allegations and enter judgment in favor of the Plaintiff. ERG,LLP OSENB HANDL777? By Matthew S. Crosby Esq. Attorney I.D. #69367 1300 Lingiestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff DATE: L??? -2- P CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on Defendants, Abigail Hemenway and Carl B. Hemenway, by sending a copy of the same to their counsel of record, Kevin D. Rauch, Esq., Summers, McDonnell, Hudock, Guthrie & Skeel, LLP, 1017 Mumma Rd., Suite 300, Lemoyne, PA 17043, by United States Mail, regular service, in Harrisburg, Pennsylvania on August f, 2006. HAND , H N ING & ROSENBERG, LLP By Matthew S. Crosby, Esq. Attorney I.D. 69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff DATE: Z `v C w SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERRY SAFRONIA VS HEMENWAY ABIGAIL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HEMENWAY ABIGAIL but was unable to locate Her in his bailiwick deputized the sheriff of MONTGOMERY serve the within COMPLAINT & NOTICE He therefore County, Pennsylvania, to On May 11th , 2006 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli Dep Montgomery Co 49.00 Sheriff of Cumberland County Postage 5.78 91.78 05/11/2006 s'd14 IVG HANDLER HENNING ROSENBERG Sworn and subscribed to before me this day of A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERRY SAFRONIA VS HEMENWAY ABIGAIL ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HEMENWAY CARL P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 11th , 2006 , attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 So answ -' ,?• R. Thomas Kline Sheriff of Cumberland County 5IaYI°? 16.00 05/11/2006 HANDLER HENNING ROSENBERG Sworn and subscribed to before me this day of A.D. s office was in receipt of the Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Safronia Perry vs. Abigail Hemenway et al SERVE: No. 06-2368 civil Carl B. Hemenway Now, April 28, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to So answers, the contents thereof. Sworn and subscribed before me this day of , 20 copy of the original Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 'J r ?rtti? of cumhert' lG R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. John Durarite Montgomery County Sheriff Dear Sheriff: RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy c? = o? - cat CO Safronia Perry RE:. VS Abigail Hemenway et al 06-2368 civih Enclosed please find Notice, Complaint, Interrogatories, Req for Prod of Docurnents 1. Abigail H(?fnenway to be served upon 2. Carl B. Hemenway 2 06 7- 2223 Wharton Road Glenside, PA 19038 in your County. Kindly make service thereof and send us your return of service. PERSON SERVED RELATION / POSITION PLACE Of SERVICE„ TIME OF SERVICE DPJE Ot J?ll4 L? 01F I'll UTY 7J Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania ecr" d r...r J i Poll", OF sunvict: in The Court of Common Pleas of Cumberland County, Pennsylvania Safronia Perry vs. Abigail Hemenway et al SERVE: Abigail Hemenway No, 06-2368 civil Now, April 28, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgcmery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at within o'clock M. served the upon at by handing to a copy of the original and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 the contents thereof. County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 i RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy C) C" Safronia Perry ca T0: Hon. John Durahte RE: VS Montgomery County Sheriff z Abigail H ay et al 06-2368 ci •• cn Dear Sheriff : Enclosed please find Notice, Complaint, Interrogatories, Req for Prod of Doctanents 1. Abigail Hemenway / to be served upon 2. Carl B. Henenway 2223 Wharton Road Gl n id PA 19038 in your County. Kindly make service thereof and send us your return of service. PERSON SERVED RELATION / POSITION PLACE OF SERVICE TIME OF SERVICE DATE OF SERVICE NUMBER 01: A?" Al ?"C( iZe Very truly yo s, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania DEPUTY DEPUTY LAST DAY OF SERVICE NUMBER: C- 1781 DATE: May 9, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Safronia Perry Vs Abigail Hemerway Carl B. Hemenway 2223 Wharton Rd. Glenside, PA 19038 ,moo berbice so anobiero...?? P. vwws'„t' Oberiff of 01ontriomerp Countp On May 4, 2006 @ 07:35 the deputy returned because the above moved per Brian Dougherty, new owner. Deputy Bono SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERRY SAFRONIA VS HEMENWAY ABIGAIL ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HEMENWAY ABIGAIL but was unable to locate Her in his bailiwick deputized the sheriff of PHILADELPHIA serve the within NOTC, COMPT, INTERR, REQ He therefore County, Pennsylvania, to On June 6th , 2006 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answers: ??- Docketing 18.00 --?""'- Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Philadelphia 236.00 Sheriff of Cumberland County Postage 5.39 278.39 ? 06106/2006 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of to wit: A. D. SHERIFF'S RETURN - OUT OF COUNTY ' CASE NO: 2006-02368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERRY SAFRONIA VS HEMENWAY ABIGAIL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HEMENWAY CARL P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within NOTC, COMPT, INTERR, REQ On June 6th , 2006 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answers-- Docketing 6.00 Out of County .00--'` Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberlan County .00 16.00 y' ?_D7 0(, 06/06/2006 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of , A. D. 'In The Court of Common Fleas of Cumberland County, Pennsylvania Safronia Perry VS. Abigail He?rnenway et al SERVE: Abigail Hernenway No. 06-2368 civil May 23, 2006 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, y 20 nG , at 3 o'clock M. served the within 1 0-H (Q f.. (0-1YP f OCA VJ upon at l 2 S l ?' LO // Z /a Al L- by handing to .-4 0 tv a copy of the original and made known to the contents thereof. So answers, Sworn anscribed before me thi$ _ofy-ka't 200 ? COSTS SERVICE _ MILEAGE _ AFFIDAVIT SUSAN L. ROSENFELD, Notary Pudic City of Philadelphia. Phila. County Ny commission Expires March 11, 2006 In The Court of Common Pleas of Cumberland County, Pennsylvania Safronia Perry vs. Abigail Hemenway et al No. 06-2368 civil SERVE: B. Hemenway Carl May 23, 2006 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, /-?I'A V orll , 20A?OL, at o'clock 4M. served the within C47 -i-- Zen ?Gr" ?` upon C? A A A-4 ok at ine, !'L- S fg f.'? rt Z,1,7e- f 9 !!a by handing to a ' / lVe ^" e %/, _ Nt &4 7 4 4e r- and made known to S AAIKR-l copy of the original the contents thereof. So answers, ?pl?lC s .? ShorTfu County, PA COSTS Sworn and subscrib d before SERVICE $ me thi ay of MILEAGE D n _ AFFIDAVIT NOTARIAL, S?? ,. SUSAN L. ROSENFEi,D,, ry Public City df Philadelphia, PhIle. County Gcmml>tAion Ex ices N1i91tch 11, 20 r- LL- _ - W c. L.L- K... W tJ L.. ff IDLY-? t`wJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, CIVIL DIVISION Plaintiff, : NO. 2006 - 2368 V. ABIGAIL HEMENWAY and CARL B. HEMENWAY, Defendants. CERTIFICATE OF SERVICE I, Matthew S. Crosby, Esquire, hereby state that a true and correct copy of Plaintiffs Answers to Defendants' Interrogatories was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 HANDLER G & ROSENBERG LLP Matthew S. Cros , Esquire Attorney for Plaintiff Dated: 161- I St - O rj 20 i__ G3' Jll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, CIVIL DIVISION Plaintiff, NO. 2006 - 2368 V. ABIGAIL HEMENWAY and CARL B. HEMENWAY, Defendants. CERTIFICATE OF SERVICE I, Matthew S. Crosby, Esquire, hereby state that a true and correct copy of Plaintiff's Response to Defendants' Request for Production of Documents was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: Andrew Zeiter, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 HANDI'LER, NNIN(I & RGSENBERG LLP Matthew S. Crossy, Esquire Attorney for Plaintiff Dated: i a- i a.. O Co ? _ ?? ...ps ?.'-? .?j ; s C3 ? 'r - - ? - • ='s x ?? .? ?? `"'+ SAFRONIA PERRY V. ABIGAIL HEMENWAY AND CARL B. HIIMEWAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2368 2006 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: Matthew S. Crosby, Esq. counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 50, 000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Matthew S. Crosby, Andrew D. Zeiter WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Re submitted, ORDER OF COURT AND NOW, , 200____, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY 49. VI \7"r U 7 {j ' D SAFRONIA PERRY V. ABIGAIL HEMENWAY AND CARL B. HEMENWAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2368 2006 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: Matthew S. Crosby, Esq. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 50, 000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Matthew S. Crosby, Andrew D. Zeiter WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Re submitted, ORDER OF COURT AND NOW, LAmAkAAxA , 200 ip consideration of the foregoing petition, i ' Esq., and L- ,L? VV 1 `i ? l a l ?- T Esq., and ), ?+ Esq., are appointed arbitrators in the above captioned action (o??acA ns) as prayed for. B? Court, r4 IGAR B. BAYLEY Y? _._._ ?, ?' --c? ? ? w ? 41 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, CIVIL DIVISION Plaintiff, NO. 2006 - 2368 V. STIPULATION OF REMOVAL OF ABIGAIL HEMENWAY and DEFENDANT, CARL B. HEMENWAY CARL B. HEMENWAY, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. A Firm #911 r 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14690 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY, Plaintiff, V. ABIGAIL HEMENWAY and CARL B. HEMENWAY, Defendants. CIVIL DIVISION NO. 2006 - 2368 (Jury Trial Demanded) STIPULATION FOR REMOVAL OF DEFENDANT. CARL B. HEMENWAY AND NOW, comes the Defendant, Carl B. Hemenway, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Stipulation: The undersigned parties hereby stipulate and agree that Carl B. Hemenway is dismissed from the above-captioned case with prejudice. By Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, L.L.P. SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 4 1 evin . Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing STIPLUATION OF REMOVAL OF DEFENDANT, CARL B. HEMENWAY has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ) day of , 2007. Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: F&I ?WW `-- Kevin D: Rauch, Esquire Counsel for Defendants -c9 C190 1-5 9V SAFRONIA PERRY, In The Court of Common Pleas of Cumberland Plaintiff ABIGAIL HEMENWAY and CARL B. County, Pennsylvania No. 2006 _ 2368 CIVIL TERM HEMENWAY, Defendant S Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. t ' G Signature ignature Signature Marlin R. McCaleb Name (Chairman) Law Offices - Marlin R. McCaleb David W. Knauer Name Knauer & Associates, LSC Gregory H. Knight Name Law Firm TIN 23-2393754 219 East Main Street Address Law Firm 411A East Main Street Address Law Firm 11 Roadway Dr., Ste. B Address Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Carlisle, PA 17013 City, zip city, zip City, zip # 1 lC?4t? 188 gq # I I A08 Award. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages ford ay are awarded, they s all be separately stated.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 9-,'21-z5'7 (Chairman) Date-of Award: Lz6x, Notice of Entry of Award Now, they` day of 20_Q?, at Q: 14 A.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. A rbiuators' compensation to be paid upon appeal: 350. oo jil- By: rothonotary Deputy a Y C-7 I K `? } t-` --4 k F • n-d I GCC C . fy^ t !1,. yL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFRONIA PERRY Plaintiff Vs ABIGAIL HEMENWAY and CARL P. HEMENWAY, Defendant File No. 1006-2368 Civil Term NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Abigail Hemenway appeals from the award of the board of arbitrators entered in this case on June 28, 2007 A jury trial is demanded X (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has. Jbeen paid, or !1\ p,?jtr.. 1..... tie.... 2r7e Cxvi iCeffl +n .. i« iii :'s«,....., .c (Strike r--- . =e -perw " .v,m:"v?veFe - peapo:w(Strike r--- -- rsem vver?l:eesa-6440,00"Rafir"P (Strike out the inapplicable clause.) or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, } i P Vl LIN rO b T? F c n ?i SAFRONIA PERRY, Plaintiff V. ABIGAIL HEMENWAY and CARL B. HEMENWAY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006 -2368 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and satisfied. HANDLER, HENNING ROSENBERG, LLP BY: ew S., Cr , Esq: 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court ID No.69367 Attorneys for Plaintiff DATE: 1f? a jZa5 Z ra r rz ; l