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Home My WebLink About06-4019EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM 7_ J'7 - OG DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Olt - 1V01 % 6f;-d / dii»t 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 District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. GEORGE STAMBAUGH 09-3-02 ADDRESS OF APPELLANT CITY STATE ZIP CODE 3419 RITNER HIGHWAY NEWVILLE PENNSYLVANIA 17241 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 07/10/06 ERIE INSURANCE GROUP GEORGE STAMBAUGH VS. CLAIM NO. CV YEAR 0000074-06 SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT LT YEAR - - 'y%% 'r -" -" _^, J/• This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10088. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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.J.P. No. 1001(7) inaction before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ERIE INSURANCE GROUP appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. 06, - 0,1_J within twenty (20) days after service of rule or suffer entry of judgment of non pros. . Z. Signature of appellant or his afforney or agent RULE: To ERIE INSURANCE GROUP ,appellee(s) Name of appellees) (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of Date: 1 1 --,Year acb . White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MU9Tf3E FfLED WITHINVIEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYL"VANtA ,,GOUNTJ:'OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of,the Noticeof Appear, CornmorvPleas No. , upon the District Justice:designatedlh"n on (date of service) '__ . year _ -' - Qby pfa)sbhal service ?i y'(cei died) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on year ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and f MW that I served the Rulsde.File a Complaint accom panying the above Notice of Appeal upon the appellee(S)to whom the Rule was addressed on year __ _ ? by personal service ? by (certified) (registered) .mail,,sender's receipt attached herolp.:. -.- -WORN :(AFF ,RMEd) ANp SUBSCRIBED BEFORE ME THIS DAY OF YEAR _- Signature o/Alliant Signature or official before wham affidavit was made Title of official My commission expires on year '- .. ' 'Ilk i COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CWMW ? Mag. Dist. No.: 09-3-02 MW Name: Hon. VIVIAN CONICX Adds: PO BOX 155 27 N BIG SPRING AVE NEIIVILLE, PA Telephone: (717) 776-3187 17241 GEORGE STAJMDM 3419 RITNEB BIGBNAY NENVILLE, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF 0 6 -Vuly NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rERIE INSURANCE GROUP P.O. Boa 2013 C/O ROSERT BOSFRLT LMECBANICSBIIRG, PA 17055 J Vs. DEFENDANT: NAME and ADDRESS rSTANBAUM, aEORGE 3419 RITNER RIGMNAY NENVILLE, PA 17241 L J Docket No.: CV-0000074-06 Date Filed: 6/14/06 (Date of Judgment) 7/10/06 M Judgment was entered for: (Name) ERIE INSURANCE GROUP 121 Judgment was entered against: (Name) STAMBAIIa6, GEORaB in the amount of $ 3 ,119.7 F1 Defendants are jointly and severally liable. El Damages will be assessed on Date & Timl El This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment $ 3,032.# Judgment Costs $87: 50 Interest on Judgment $? Attorney Fees $ 00 Total $ 3,119.71 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 THE 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 JUDGEMENT 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. -?110 /0 (O Date I certify that this is a true and correct copy of Date i n l Magisterial District Ju record of the proceedings containing the judgment. My commission expires first Monday of January, 2012 , Magisterial District Judge SEAL AOPC 315-06 DATE PAINTED: 7/11/06 8:2900 AM III I oil, 'x v- t I ,,^k ,p Ri 1 y?'. o- f1J m *? Y? - m M cc ru -0 A4f#, , i .A O II7 an I" O i?:• a 1 m ---- 0 o fi =I M t Postmark 1 Here )t.. A O Ji LY, ru o J7i1gJJ a _ _.- M1 Erd t tf? ----- yr N, rfe l t - ---- )-0'3 c1o2, , b PA [ W ss- ` PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT hr p of ,J.service MU",' BI FII_F i) WITHIN TFN ; 10) DAYS AFTER filing the notice of appeal. Check applicable boxes) . 1'dONV': f=ACTH CF PFNNSI'I_VANI;, be, A f JAVI [ I heret v sw[ a ifi , 'litt I erv -d .r r .it ,t'he No ice of !r(>>) ?t ql rr ,on r'Inas No. upon the District Justice designated therein on d r , u• 1(:VVIIA ? I Y // ye i, 11 0 ?[:] by Personal service b? by ?i (c l tied) (r egistered) mail, sender's ec c ip: wtuoheC ierato. ms.. uoDn the, appelleo. (name ro S it,?1F2.c; 4_- 6rou- _ on 1 G ?_ ?ry(? _ -_I - at ?!? t7 Q ? by oe,sonal service [:? by (cenif si) (registered) mail, sender's receipt attached hereto. Is A and lurlher that I served .-re Rule to 'Ile a (,omolain''. 1u-orapany4*e above Notice of Appeal upon the appel"S)Ito ,Nhr,'n the Rule was .rdd?e sed o ' '{ 5 yegiy_ L,i?b by personal service by (certified) (registered) *taa. sender's receipt ami,.IieJ hereto vl •?t? p , i ( ) AN SQ -iIB?D He F0Ri MF Tl- DAY( YE AR. ??? .. CIF' ' Sonature Of AI/rent Sig b r„ IRS re r rhomaiR , u a 1: flfilVAI r fT; My <r dr'csion expires on rwi101d ra ?: ir' za MIr ?rRlAA1'? `''? i ?Sr N i Johnson, Duffle, Stewart & Weidner By: Kelly L.. Bonanno I.D. No. 200811 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com Attorneys for Plaintiff ROBERT HOSFELT, Plaintiff V. GEORGE STAMBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4019 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 for 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 .social 32 South Bedford treet Carlisle, Pennsylvani 17013 Telephone: (717) 24 -3166 ROBERT HOSFELT, Plaintiff V. GEORGE STAMBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4019 CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m3s adelante an las siguientes p3ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de Is 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, ]as demandas presentadas aqui an contra suya. Se Is advierte de qua si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada an la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por Is Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pare usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ROBERT HOSFELT, Plaintiff V. GEORGE STAMBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4019 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this --- day of 4u4u d- 2006, comes Plaintiff, Robert Hosfelt, by and through his attorneys, and in support of this Complaint avers as follows: 1. Plaintiff, Robert Hosfelt, is an adult individual who currently resides at 136 McCullough Road, Shippensburg, Pennsylvania 17257. 2. Defendant, George Stambaugh, is an adult individual who currently resides at 3419 Ritner Highway, Newville, Pennsylvania 17241. 3. On or about January 13, 2006 at approximately 2:30 a.m., Plaintiff was traveling on Route 11 in the northbound lane. 4. At or about 2:30 a.m. Plaintiff encountered foggy conditions. 5. At the aforementioned time and place, Plaintiff was driving with his headlights and driving lights activated. 6. Suddenly and unexpectedly Plaintiff encountered the presence of numerous cattle in the roadway. 7. Plaintiff swerved attempting to avoid the cattle, however, he was unable to avoid to do so ultimately striking a cow with the front of his vehicle. COUNT I - NEGLIGENCE 8. Paragraphs 1 through 7 of Plaintiffs complaint are incorporated by reference herein as if set forth in full. 9. Defendant failed to secure his cattle thereby causing damage to Plaintiffs property. 10. Defendant's negligence consisted of: A. Failing to maintain his cattle in a safe and secure manner. B. Failing to properly inspect the premises where his cattle were housed to ensure that it was safe and secure. C. Failing to exercise reasonable care to discover the dangerous condition maintained on the premises that allowed the cattle to escape and enter the roadway. D. Failing to prevent the cattle from entering the public roadway. E. Failing to take appropriate measures to keep the cattle inside their enclosure, thus creating a hazardous condition for those individuals using the public roadway. F. Failing to maintain a superior knowledge of the condition of the premise in which the cattle were housed and warn the Plaintiff of the hazardous condition which allowed the cattle to escape and enter the public roadway. 11. As a direct and proximate result of the Defendant's breach of the duties set forth herein the Plaintiff has suffered injury to his property including, but not limited to damage to his motor vehicle in the amount of $3,119.71. 12. As a direct and proximate result of the Defendant's negligence, Plaintiff suffered the above losses and thus a claim for those losses is made herein. 13. As a direct and proximate result of the Defendant's negligence, Plaintiff has incurred repair bills associated with fixing his vehicle and thus a claim for those bills is made. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in his favor and against the Defendant in an amount which would qualify this case for compulsory arbitration. :280712 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly onanno VERIFICATION The undersigned says that the facts set forth in the foregoing complaint are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. JOHNSON, DUFFIE, STEWART & WEIDNER By: -4 J a"L"-? :280712 illy L onanno CERTIFICATE OF SERVICE AND NOW, this 16 day of August, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By' Id, - Kelly . onanno -?`?' mr?i C :?'T_. G? -9 F- ? -o <?' ?fi? " ?? ? ? - Gs s ? ?,, o o -.? Johnson, Duffie, Stewart & Weidner By: Kelly L.. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 kib@jdsw.com ROBERT C. HOSFELT, Plaintiff vs. GEORGE STAMBAUGH, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4019 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO ENFORCE SETTLEMENT AND NOW, comes the Plaintiff in the above entitled action, ROBERT C. HOSFELT, and in support of his Motion to Enforce Settlement avers the following: 1. The above cause of action arose out of a motor vehicle accident which occurred on January 13, 2006 on Route 11 in North Penn Township, Cumberland County, Pennsylvania. 2. The accident involved the Plaintiff, Robert Hosfelt, and a cow belonging to the Defendant, George Stambaugh. 3. The Complaint in this action was filed on August 7, 2006 alleging negligence on the part of the Defendant and asking for damages in the amount of $3,119.71. 4. On or about September 18, 2006 the parties agreed upon a settlement in the amount of $2,300.00 as evidenced by the correspondence from Defendant's counsel attached as Exhibit "A". 5. An appropriate Release was executed by the Plaintiff, Robert C. Hosfelt, on or about September 9, 2006. 6. A settlement check was issued on or about September 25, 2006. 7. Upon receipt of the settlement check, counsel for the Plaintiff took the appropriate measures to have the check signed by the appropriate parties and deposited. 8. The settlement check was subsequently returned as a result of insufficient funds in the Defendant's account. 9. Plaintiff has made repeated attempts to resolve this matter with Defendant and defense counsel outside of court as evidenced by the correspondence attached as Exhibit "B". WHEREFORE, the Plaintiff, Robert C. Hosfelt, requests this Honorable Court grant his Motion to Enforce Settlement against George Stambaugh. JOHNSON, DUFFIE, STEWART & WEIDNER DATE: 312-101 :291261 22740-2115 By: Kelly L. and Esquire Attorn IF No. 200811 301 Ma et Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on 11 k March , 2007: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Cassandra T. R enbaum C) ? C? C- ? j S 3 Vii: - C ) w rrw R ROBERT HOSFELT, Plaintiff V. GEORGE STAMBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4019 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled, satisfied and discontinued with prejudice. By ttft h n inosk, Esquire orney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Plaintiff Thomas D. Gould, Esquire Attorney I.D. No. 36508 2 East Main Street Shiremanstown, PA 17011 Telephone (717) 731-1461 Attorney for Defendant Date: A//a% FILED-; =i rE DF THEE P? b?? ?ARY 2009 APP 21 All ! ! = 4 4 7R ? z ,