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THOMAS, THOMAS & HAFER
BY: Kevin C. McNamara, Esquire
IDENTIFICATION NO,: 72668
30ts North Fronl 5"..,
P.O, Box 999
Horrl.burg. PA /7/08-0999
(7171 237-7/32
Attorneys for Defendant, Jeen H. Barbon
LYNN E. SHIELDS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 95-1222 CIVIL
JEAN H. BARBON,
Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Lynn E. Shields, Plaintiff;
and John M. Glace, Esquire,
Attorney for Plaintiff
You are hereby notified to plead to the enclosed New Matter
within twenty (20) days from service hereof or a default judgment
may be entered against you.
THOMAS, THOMAS , HAFER
By: L {. ? n l2-r~L-e%-
Kevin C. McNamara, Esquire
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant
DATE: 3/30/9.5
;1
THOMAS. THOMAS 8< HAFER
BY: Kevin C. McNamara. Esquire
IDENTIRCA TION NO,: 72668
3011 No,th Front Street
P. O. Box 999
HMrisburl1. PA /7/08-0999
/717/237-7t32
Attorneys for Defendant. Jean H. Barbon
LYNN E. SHIELDS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 95-1222 CIVIL
JEAN H. BARBON,
Defendant
JURY TRIAL DEMANDED
DEPENDANT'S ANSWER WITH NEW
MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Jean H. Barbon, by her attorney,
Thomas, Thomas & Hafer, and answers Plaintiff I s Complaint as
follows:
1. Admitted.
2 . Admi tted .
3. Admitted.
4. Admitted.
5. Admitted with qualification. Defendant's age at the time
of the accident, her two passengers, their direction of travel and
their destination are admitted. It is further admitted that the
1988 Chevrolet Caprice was solely owned by Defendant. As to the
allegation that Defendant's vehicle was "several cars ahead of
Plaintiff's daughter," after reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth of the allegations and proof thereof is demanded.
6. Denied as stated. It is admitted that Defendant's
vehicle was in the passing lane and traveling northbound on
Route 15. It is further admitted that Defendant drove past the
left-hand turn lane. The allegation that the area is "lawfully
marked" is a conclusion of law to which no response is required.
7. Admitted.
8. Denied as stated. It is admitted that when Defendant
attempted to make a left-hand turn, the Banks' vehicle approached
from the opposite direction, also attempting to make a left-hand
turn. It is denied that Defendant stopped her vehicle with its
rear end protruding into the northbound passing lane of Route 15.
9. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth of the allegations and proof thereof is demanded. By way
of further answer, if vehicles following the Defendant's in the
passing lane of northbound Route 15 did change lanes to avoid
Defendant's car, they were able to do so because they were
observing the rules of the road regarding assured clear distance
and traveling at safe speeds.
10. Admitted in part and denied in part. It is admitted that
Plaintiff's daughter was unable to swerve for whatever reason to
avoid Defendant's car. As to the allegation that she attempted
further evasi ve maneuvers, after reasonable investigation,
- 2 -
Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and proof thereof is
demanded. It is admitted that any measures Plaintiff's daughter
took were of no avail.
11. Denied.
a. Denied as stated. It is admitted that Defendant
attempted a left turn at a place designated for use by
southbound traffic;
b. Denied;
c-f. Denied as stated. It is admitted that Defendant
attempted a left turn at a place designated for use by
southbound traffic;
g. Admitted in part and denied in part. It is admitted
that the arrangement for left-hand turns onto Grantham Road
from northbound Route 15 is "idiosyncratic." Traffic signs
for the mirror image north and south bound turning controls
are different and confusing. The balance of the allegations
are denied; and
h. Denied.
12. This allegation represents a conclusion of law to which
no response is required.
13. Denied. This allegation represents a conclusion of law
to which no response is required. As to the damages alleged, after
reasonable investigation, Defendant is without knowledge or
- 3 -
information sufficient to form a belief as to the truth of the
allegations and proof thereof is demanded.
WHEREFORE, Defendant requests that Plaintiff's Complaint be
dismissed without cost to her.
NEW MATTER
14. The accident alleged in Plaintiff's Complaint was due in
whole or in part to the negligence of Tracy Shields, said
negligence consisting of the following:
a. driving too fast for conditions;
b. driving at an unsafe speed which was greater than
would permit her to bring her vehicle to a stop within the
assured clear distance ahead in violation of 75 Pa.C.S.
S 3361;
c. following traffic ahead of her too closely in
violation of 75 Pa.C.S. S 3310; and
d. being inattentive and careless with respect to other
traffic and conditions existing at the time.
15. The left-hand turn arrangement existing on Route 15 which
facilitates turns from both north and south onto Grantham Road is
II idiosyncratic, II confusing, inconsistent and was a contributing
cause to this accident.
- 4 -
VERIFICATION
I, Jean M. Barbon, have read the foregoing ANSWER WITH NEW
MATTER TO PLAINTIFF'S COMPLAINT which has been drafted by my
counsel. The factual statements contained therein are known by me
and are true and correct to the best of my knowledge, information
and belief.
This statement and verification is made subject to the
penalties of 18 pa.C.S.A. S 4904 relating to unsworn falsification
to authorities, which provides that, if I knowingly make false
averments, I may be subject to criminal penalties.
DATE: .3/~(.)J95
)-- \ A. ~d~
~)JJ. .Y1-.
r.5'an M. Barbon v
THOMAS, THOMAS , HAFER
CERTIFICATE OF SERVICE
I, KEVIN c. MCNAMARA, ESQUIRE, hereby certify that I have
served a true and correct copy of the foregoing document on the
following person by placing same in the United States mail, postage
prepaid, on the 30~day of /flal'(j ~ , 1995:
John M. Glace, Esquire
STEFANON , GLACE
407 North Front Street
P.O. Box 12027
Harrisburg, PA 17108-2027
Attorneys for Plaintiff
By: ~ c: /// Y2~,n <-"'l.
Kevin c. MCNamara, Esquire
HAR 31
I 22 PH '95
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or TIP : ;fjO!l~T.\"Y
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:J!.oma., :J!.oma. & %fer
J{IIDrn,'1' al1'alO
305 NORTN FRONT STREET
P. O. BOX llU
HARRISBURG, PA.17108
LYNN E. SHIELDS, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
I
VS. I NO. 95-1222 CIVIL
I
JEAN H. BARBON, .
.
Defendant . FOR ARBITRATION
.
PLAINTIFF'S RESPONSE TO NEW MATTER
14. It is specifically denied that Tracy Shields, was
negligent, in whole or in part, and it is specifically denied that:
a. Tracy Shields drove too fast for conditions and strict
proof is demanded at time of arbitration.
b. Tracy Shields drove at an unsafe speed wherein she could
not bring her vehicle to stop within an assured clear
distance.
arbitration.
c. Tracy Shields followed the traffic ahead too closely.
Strict proof is demanded at time of
Strict proof is demanded at time of arbitration.
d. Tracy Shields was inattentive and careless in respect to
other traffic and conditions. Strict proof is demanded
at time of arbitration.
15. It is specifically denied that the left hand turn
arrangement and any other traffic controlled by either northbound
or southbound left hand turn from Route 15 onto Grantham Road was
"idiosyncratic", confusing, inconsistent and a contributing factor
to the ~ccident. To the contrary, the left hand turn arrangement
and traffic control devices described in paragraph 15 of
Defendant's New Matter consistent with the Pennsylvania Department
of Transportation regulation, and local ordinance. Pursuant to 25
Pa. c.S.A. 3l11(d), Defendant left-hand turn arrangement and
traffic control devices presumptively in conformance with lawful
requirements. Strict proof is demanded in arbitration.
WHEREFORE, Plaintiff respectfully requests that Defendant's
New Matter be dismissed and that judgment be entered in his favor
in accordance with the underlying complaint.
BY
LY SUBMITTED,
Date:
. Glace, Esqu re
N & GLACE
r Front Street
o 12027
urg, PA 17108-2027
(71 ) 232-0511
1.0. 1/23933
10 l q~f
VERIFICATION
The undersigned hereby verifies that the facts averred in the
foregoing Answer to New Matter are true and correct to the best of
his knowledge, information and belief.
This Verification is made subject to the penalties of 18 pa
c.S.A. S 4904 relating to unsworn falsification to authorities.
c?7
f2.Yde~
LYNN E. SHIELDS
DATE I
q /,/95
CBRTIFICATB OF SBRVICB
The undersigned hereby certifies that, on the date below he
served a true copy of the Answer to New Matter on the person listed
below, at the address set forth, by First Class United States Maill
Kevin c. McNamara, Esquire
Thomas, Thomas & Hafer
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
RESPECTFULLY SUBMITTED,
By
DATE I
~'{O .t'(qr
I
John ace, Esquire
STEF GLACE
407 N Front Street
P.O. 0 12027
Harrisburg, PA 17108-2027
(717) 232-0511
I.D. 23933
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LYNN E. SHIELDS, I IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 95-1222 CIVIL
.
I
JEAN H. BARBON, .
.
Defendant . FOR ARBITRATION
.
NOTICE
YOU HAVE BBBN SUBD 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 is
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 TAKB THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU
DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TBLEPHONB
THB OPPICB SBT FORTH BBLaK TO FIND OUT WHBRE YOU CAN GBT LEGAL
HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
FOURTH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
NOTICIA
Le ban demandado a usted en la corte. Si usted
quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir de
la fecha de la demanda Y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus persona. Sea avisado
que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso 0 notificacion
y por cualquier quaja 0 alivio que es pedido en la petie ion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros
derechos importantes para usted.
LLBVB BS~A DEMAHDA A UN ABODAGO IHMBDIATAMBHTB. SI NO
TIBHB ABOOADO 0 SX NO TIBNB EL DINERO SUFICIBNTB DB PAGAR TAL
SERVICIO, VAYA BN PERSONA 0 LLAMB POR TBLBFONO A LA OFICINA CUYA
DIRECCION SB ENCUEHTRA BSCRITA ABAJO PARA AVERIGUAR DONDB SB
PUBDE CONSEGUXR ASIS~BNCIA LEGAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
FOURTH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
LYNN E. SHIELDS, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. . NO. 95-1222 CIVIL
.
I
JEAN H. BARBON, .
.
Defendant . FOR ARBITRATION
.
..., I ~
AND NOW this ~day of March, 1995, comes LYNN E. SHIELDS,
Plaintiff above-named by and through his attorneys STEFANON & GLACE
and presents this Complaint and, by support thereof, avers the
following:
1. Plaintiff LYNN E. SHIELDS, is an adult individual who
resided for all times pertinent to this Complaint at R. D. 2,
Dillsburg, York County, Pennsylvania 17019.
2. Defendant JEAN H. BARBON is an adult individual and, upon
knowledge and belief, resided at 519 Latshmere Drive, Harrisburg,
Dauphin County, Pennsylvania 17109 for all times pertinent to this
Complaint.
3. The facts and occurrences hereinafter related took place
on or about October 2, 1994 at approximately 1158 p.m. at the
intersection of Grantham Road (SR 2026) and Route 15 (SR 15)
located in Upper Allen Township, Cumberland County, Pennsylvania.
4. At that time and place, Plaintiff's daughter TRACY
SHIELDS, a licensed motor vehicle operator who resides with
Plaintiff, was the authorized driver of a 1987 Plymouth Horizon,
COMPLAINT
owned solely by Plaintiff, and driving that vehicle in the passing
lane in a northbound direction.
5. At that time and place, Defendant then aged 71 years with
two (2) elderly female passengers was operating her solely vehicle,
a 1988 Chevrolet Caprice, in a northbound direction several cars
ahead of Plaintiff's daughter with the intent to go to Hoss's Steak
and Sea House, 61 Old Gettysburg Pike, Upper Allen Township,
Cumberland County, Pennsylvania.
6. Defendant was also in the passing lane of northbound
Route 15 and drove completely by the lawfully marked divided left
turn barrier and turn path which permits restricted left turns from
an added fifth land from Route 15 onto westbound Grantham Road.
7. Instead of continuing in a northerly direction, Defendant
attempted to turn left by entering the restricted left turn lane
and turn path for southbound Route 15 traffic only.
8. As Defendant attempted this unlawful left turn, a
southbound vehicle operated by John Banks and also occupied by his
wife Robin Banks and their four (4) year old daughter, lawfully
entered the restricted left turn lane to turn left onto eastbound
Grantham Road. Thereafter Defendant stopped or nearly stopped her
motor vehicle with its rear end protruding into the northbound
passing lane of Route 15.
9. As a direct result of the unexpected and illegal
protrusion of Defendant's vehicle into the passing lane of
northbound Route 15, caused by Defendants above described unlawful
attempted left turn, the vehicles immediately following Defendant's
2
vehicle had to swerve into the traffic lane to avoid a collision
with the Defendant's car.
10. Plaintiff's daughter, operating his vehicle, was unable
to swerve into the traffic lane because it was occupied.
Notwithstanding the lack of that avenue of escape, she attempted
further evasive attempt to avoid collision, to no avail and a
collision ensued.
11. The foregoing motor vehicle accident and all subsequent
direct and consequential damages sustained by Plaintiff as set
forth hereinunder are the direct and proximate result of the
negligent, careless, wanton and reckless manner in which Defendant
operated her motor vehicle as follows:
a. Failure to operate her motor vehicle in accordance
with existing traffic conditions and traffic controls.
b. Failure to operate her motor vehicle at such speed
to permit her to turn left in a lawfully prescribed manner.
c. Failure to observe and obey traffic signs and
devices controlling safe and lawful left hand turns.
d. Turning in such a manner as to endanger other
vehicles on the highway.
e. Failure to prudently proceed through a restricted
intersection so as to avoid creating a hazardous situation for
other vehicles on the highway.
f. Failure to keep a proper lookout for the restricted
left turn intersection.
3
g. Failure to acquaint herself in advance with the
specific and specialized restricted left turn lane, idiosyncratic
to left turns from northbound Route 15 onto westbound Grantham
Road.
h. Engaging in conversation with her passengers to such
a degree as to cause her to drive pass the lawful restricted left
turn lane.
12. In addition to aforedescribed negligent acts and/or
omissions, Defendant is negligent per ~ as a result of her guilty
plea to the motor vehicle summary citation for violation of 75 Pa.
C.S.A. S 3331(d)(1) [Required position and method of turning].
13. As a direct and proximate result of Defendant's
aforedescribed negligence Plaintiff's motor vehicle was totally
destroyed and he sustained the following direct and consequential
damage I
a. $2,500.00 replacement value for a 1987 Plymouth Horizon
(approximately 80,000 miles)
b. $125.00 towing and storage charges
4
.
.
..
, <
CBRTIFICATB OF SBRVICB
"" .--..
---... .
The undersigned hereby certifies that, on the date below he
served a true copy of the Complaint on the person listed below, at
the address set forth, by First Class United States Mail:
Kevin McNamara, E9quire
Thomas, Thomas & Hafer
305 North Front Street
Sixth Floor
P.o. Box 999
Harrisburg, PA 17108
RESPECTFULLY SUBMITTED,
By
DATE:
~'(,(1(1q)
I
lace, Esquire
& GLACE
407 N h Front Street
P.O. Box 12027
Harrisburg, PA 17108-2027
(717) 232-0511
I.D. 23933
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LYNN E. SHIELDS,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY PENNSYLVANIA
.
.
vs.
I NO. 95-1222 CIVIL
.
.
.
JEAN H. BARBON,
Defendant
vs.
TRACY LYNN SHIELDS,
Additional Defendant
ADDITIONAL DEFBNDANT'S AHSKBR
TO JOINDBR COMPLAINT
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. Additional
Defendant denies the allegations in
paragraph 8 alleging in whole or in part her negligence in the
motor vehicle accident given rise to the above cause of action and
specifically denies the following:
(a) It is denied that Additional Defendant was driving
too fast for conditions; and
(b) It is denied that Additional Defendant was driving
VERIFICATION
The undersigned hereby verifies that the facts averred in the
foregoing Joinder Complaint are true and correct to the best of her
knowledge, information and belief.
This Verification is made subject to the penalties of 18 pa
C.S.A. S 4904 relating to unsworn falsification to authorities.
DATE I
~h I /f,S.
, ~ JJ{
t . '1/1 ///111
Jtf/t ~n 'Shields
THOMAS, THOMAS & HAFER
BY: Kevin C. McNam"a, Esquire
IDENTIFICATION NO.: 72668
306 NDtth FIont SIrNt
P.O. an, '"
HMrilbIllfl. I'A 17108-099'
/717/237.7132
I
;
I.
Attorneys for Defendant, Jean H. 8arban
LYNN E. SHIELDS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
JEAN H. BARBON,
Defendant
NO. 95-1222 CIVIL
v.
TRACY LYNN SHIELDS,
Additional Defendant
FOR ARBITRATION
JOINDER COMPLAINT
AND NOW, comes the Defendant, Jean H. Barbon, by and through
her attorneys, Thomas, Thomas & Hafer, and brings this Complaint to
join Tracy Lynn Shields as an Additional Defendant based upon the
following:
1. Additional Defendant, Tracy Lynn Shields, is an adult
individual who resides at R.D.ll, Dillsburg, Pennsylvania 17019.
2. This is a property damage case involving a two-vehicle
accident which occurred on October 2, 1994, at the intersection of
Route 15 and Grantham Road in Upper Allen Township, CUmberland
County, Pennsylvania.
3. Plaintiff filed his Complaint on or about March 21, 1995,
alleging that the accident was the fault of Defendant Jean Barbon.
A true and correct copy of Plaintiff's Complaint is attached hereto
and marked Exhibit "A."
4. On March 31, 1995, Defendant filed her Answer to
Plaintiff's Complaint. By way of New Matter, Defendant raised the
negliqence of Tracy Shields in causing the damages alleged by the
Plaintiff. A copy of Defendant's Answer with New Matter is
attached hereto and marked Exhibit "B."
5. plaintiff's Answer to New Matter was filed April 10,
1995. A copy is attached as Exhibit "C."
6. Defendant moved for leave to join Tracy Lynn Shields as
an Additional Defendant on July 5, 1995. Defendant's Motion was
granted July 12, 1995. Copies of the Motion and Court Order are
attached hereto as Exhibit "D."
7. At the time of the accident alleged by the Plaintiff,
Tracy Shields was operating the 1987 Plymouth Horizon owned by her
father, Lynn Shields, and with his permission.
8. The accident alleged in Plaintiff's Complaint was caused
in whole or in part due to the negligence of Tracy Shields, said
neqligence consisting of the following:
(a) driving too fast for conditions;
(b) driving at an unsafe speed which was qreater than
would permit her to brinq her vehicle to a stop within the
assured clear distance ahead in violation of 75 Pa.C.S.
5 3361;
- 2 -
(c) following traffic ahead of her too closely in
violation of 75 Pa.C.S. S 3310;
(d) being inattentive and careless with respect to other
traffic and conditions existing at the time; and
(e) failing to proceed with caution after Defendant
applied her brakes and signaled that she was going to be
making a left-hand turn from Route 15 onto Grantham Road.
9. The damages alleged in plaintiff's Complaint were caused
solely or in part by the above-stated negligence of Tracy Lynn
Shields.
WHEREFORE, Additional Defendant Tracy Lynn Shields is solely
liable for all damages alleged in plaintiff's complaint or, in the
alternative, in the event Jean Barbon is held liable to the
plaintiff, which liability is expressly denied, then Tracy Lynn
Shields is liable over to Jean Barbon or liable to Jean Barbon for
contribution and/or indemnification.
Respectfully submitted,
THOMAS, THOMAS , HAFER
By' if C 7')Jc'4",<v,a-
Kev n c. McNamara, Esqu re
I.D.#72668
305 North Front street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7132
Attorneys for Defendant
DATE: 7; 7 jclS
MAR 22 199:
LYNN E. SHIELDS,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
: NO. 95-1222 CIVIL
.
.
JEAN H. BARBON,
Defendant
.
.
: FOR ARBITRATION
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 is
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND-OUT WHERE YOU CAN GBT LEGAL
HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
FOURTH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
TRue COpy FROM RECORD
In TGstimony whB:'uof, I here unto set my hand
r. !tj tile ~I of said Court at Carlisle, PI.
'tr,!:; .='I~~ day of f17C'u'" 111<1.5
_ I.. .....'\0... t.) 111l'~.l-"!!'(",'i1 .~
Prlllhonotiry
NOTICIA
Le han demand ado a usted en la corte. Si usted
quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir de
la fecha de la demand a y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita 3US persona. Sea avisado
que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso 0 notificacion
y por cualquier quaja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DOHDE SE
PUEDE CONSEGUIR ABISTENCIA LEGAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
FOURTH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA. 17013
(717) 240-6200
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1222 CIVIL
LYNN E. SHIELDS,
Plaintiff
JEAN H. BARBON,
Defendant
FOR ARBITRATION
COMPLAINT
..., J t
AND NOW this ~ day of March, 1995, comes LYNN E. SHIELDS,
Plaintiff above-named by and through his attorneys STEFANON & GLACE
and presents this Complaint and, by support thereof, avers the
following:
1. Plaintiff LYNN E. SHIELDS, is an adult individual who
resided for all times pertinent to this Complaint at R. D. 2,
Dillsburg, York County, Pennsylvania 17019.
2. Defendant JEAN H. BARBON is an adult individual and, upon
knowledge and belief, resided at 519-Latshmere Drive, Harrisburg,
Dauphin County, Pennsylvania 17109 for all times pertinent to this
Complaint.
3. The facts and occurrences hereinafter related took place
on or about October 2, 1994 -at approximately 1:58 p.m. at the
intersection of Grantham Road (SR 2026) and Route 15 (SR 15)
located in Upper Allen Township, Cumberland County, Pennsylvania.
4. At that time and place, Plaintiff's daughter TRACY
SHIELDS, a licensed motor vehicle operator who resides with
Plaintiff, was the authorized driver of a 1987 Plymouth Horizon,
owned solely by Plaintiff, and driving that vehicle in the passing
lane in a northbound direction.
5. At that time and place, Defendant then aged 71 years with
two (2) elderly female passengers was operating her solely vehicle,
a 1988 Chevrolet Caprice, in a northbound direction several cars
ahead of Plaintiff's daughter with the intent to go to Hoss's Steak
and Sea House, 61 Old Gettysburg Pike, Upper Allen Township,
Cumberland County, Pennsylvania.
6. Defendant was also in the passing lane of northbound
Route 15 and drove completely by the lawfully marked divided left
turn barrier and turn path which permits restricted left turns from
an added fifth land from Route 15 onto westbound Grantham Road.
7. Instead of continuing in a northerly direction, Defendant
attempted to turn left by entering the restricted left turn lane
and turn path for southbound Route 15 traffic only.
8. As Defendant attempted this unlawful left turn, a
southbound vehicle operated by John Banks and also occupied by his
wife Robin Banks and their four (4) year old daughter, lawfully
entered the restricted left turn lane to turn left onto eastbound
Grantham Road. Thereafter Defendant stopped or nearly stopped her
motor vehicle with its rear end protruding into the northbound
passing lane of Route 15.
9. As a direct result of the unexpected and illegal
protrusion of Defendant's vehicle into the passing lane of
northbound Route 15, caused by Defendants above described unlawful
attempted left turn, the vehicles immediately following Defendant's
2
-
vehicle had to swerve into the traffic lane to avoid a collision
with the Defendant's car.
10. Plaintiff's daughter, operating his vehicle, was unable
to swerve into the traffic lane because it was occupied.
Notwithstanding the lack of that avenue of escape, she attempted
further evasive attempt to avoid collision, to no avail and a
collision ensued.
11. The foregoing motor vehicle accident and all subsequent
direct and consequential damages sustained by Plaintiff as set
forth hereinunder are the direct and proximate result of the
negligent, careless, wanton and reckless manner in which Defendant
operated her motor vehicle as followsl
a. Failure to operate her motor vehicle in accordance
with existing traffic conditions and traffic controls.
b. Failure to operate her motor vehicle at such speed
to permit her to turn left in a lawfully prescribed manner.
c. Failure to observe and obey traffic signs and
devices controlling safe and lawful left hand turns.
d. Turning in such a manner as to endanger other
vehicles on the highway.
e. Failure to prudently proceed through a restricted
intersection so as to avoid creating a hazardous situation for
other vehicles on the highway.
f. Failure to keep a proper lookout for the restricted
left turn intersection.
3
g. Failure to acquaint herself in advance with the
specific and specialized restric~ed left turn lane, idiosyncratic
to left turns from northbound Route 15 onto westbound Grantham
Road.
h. Engaging in conversation with her passengers to such
a degree as to cause her to drive pass the lawful restricted left
turn lane.
12. In addition to aforedescribed negligent acts and/or
omissions, Defendant is negligent per ~ as a result of her guilty
plea to the motor vehicle summary citation for violation of 75 Pa.
C.S.A. S 333l(d)(1) [Required position and method of turning).
13. As a direct and proximate result of Defendant's
aforedescribed negligence Plaintiff's motor vehicle was totally
destroyed and he sustained the following direct and consequential
damage:
a. $2,500.00 replacement value for a 1987 Plymouth Horizon
(approximately 80,000 miles)
b. $125.00 towing and storage charges
4
WHEREFORE, Plaintiff LYNN E. SHIELDS demands jUdgment against
Defendant JEAN H. BARB ON for $2~25.00 together with interest and
the cost of suit. Said amount, which by local rules, requires
arbitration.
RESPECTFULLY SUBMITTED,
BY
lace, Esqu re
& GLACE
407\Nol Front Street
P.O.\..s'ox 12027
Harrisburg, PA 17108-2027
(717) 232-0511
I.D. .23933
5
VERIFICATION
The undersigned hereby verifies that the facts averred in the
foregoing Complaint: are true and correct to the best of his
knowledge, information and belief.
This Verification is made subject to the penalties of 18 pa
C.S.A. S 4904 relating to unsworn falsification to authorities.
~;
.. ~
.. LYNN
G'. ,... 1 ,
,
_ , .1
." '/ '
. ~jih ..f:..-t,
E. SHIELDS
DATE:
3 J/ k /95
I /
THOMAS, THOMAS & HAFER
BY: Kevin C. McNllmllrll, Esquire
IDENT/RCAT/ON NO.: 72668
305 Nonh Fronl s"..,
P. O. BDx 999 .
H.mbINIl. PA 171 0/HJ999
/7171237.7132
Attorneys for Defendllnt, Jelln H. Bllrbon
LYNN E. SHIELDS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
JEAN H. BARBON,
Defendant
NO. 95-1222 CIVIL
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW
HATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Jean H. Barbon, by her attorney,
Thomas, Thomas & Hafer, and answers Plaintiff I s Complaint as
follows:
1. Admi tted.
2. Admitted.
3 . Admi tted .
4. Admi tted.
5. Admitted with qualification. Defendant's age at the time
of the accident, her two passengers, their direction of travel and
their destination are admitted.- It is further admitted that the
1988 Chevrolet Caprice was solely owned by Defendant. As to the
allegation that Defendant I s vehicle was "several cars ahead of
Plaintiff's daughter," after reasonable investigation, Defendant is
without knowledge or information s"fficient to form a belief as to
the truth of the allegations and proof thereof is demanded.
6. Denied as stated. It is admitted that Defendant's
vehicle was in the passing lane and traveling northbound on
Route 15. It is further admitted that Defendant drove past the
left-hand turn lane. The allegation that the area is "laWfully
marked" is a conclusion of law to which no response is required.
7. Admitted.
8. Denied as stated. It is admitted that when Defendant
attempted to make a left-hand turn, the Banks' vehicle approached
from the opposite direction, also attempting to make a left-hand
turn. It is denied that Defendant stopped her vehicle with its
rear end protruding into the northbound passing lane of Route 15.
9. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth of the allegations and proof thereof is demanded. By way
of further answer, if vehicles following the Defendant's in the
passing lane of northbound Route 15 did change lanes to avoid
Defendant's car, they were able to do so because they were
observing the rules of the road regarding assured clear distance
and traveling at safe speeds.
10. Admitted in part and denied in part. It is admitted that
Plaintiff's daughter was unable to swerve for whatever reason to
avoid Defendant's car. As to the allegation that she attempted
further evasive maneuvers, after reasonable investigation,
- 2 -
Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and proof thereof is
demanded. It is admitted that any measures Plaintiff's daughter
took were of no avail.
11. Denied.
a. Denied as stated. It is admitted that Defendant
attempted a left turn at a place designated for use by
southbound traffic;
b. Denied;
c-f. Denied as stated. It is admitted that Defendant
attempted a left turn at a place designated for use by
southbound traffic;
g. Admitted in part and denied in part. It is admitted
that the arrangement for left-hand turns onto Grantham Road
from northbound Route 15 is "idiosyncratic." Traffic signs
for the mirror image north and south bound turning controls
are different and confusing. The balance of the allegations
are denied; and
h. Denied.
12. This allegation represents a conclusion of law to which
no response is required.
13. Denied. This allegation represents a conclusion of law
to which no response is required. As to the damages alleged, after
reasonable investigation, Defendant is without knowledge or
- 3 -
information sufficient to form a.belief as to the truth of the
allegations and proof thereof is demanded.
WHEREFORE, Defendant requests that Plaintiff's Complaint be
dismissed without cost to her.
NEW MATTER
14. The accident alleged in Plaintiff's Complaint was due in
whole or in part to the negligence of Tracy Shields, said
negligence consisting of the fOllowing:
a. driving too fast for conditions;
b. driving at an unsafe speed which was greater than
would permit her to bring her vehicle to a stop within the
assured clear distance ahead in violation of 75 Pa.C.S.
S 3361;
c. following traffic ahead of her too closely in
viol~tion of 75 Pa.C.S. S 3310; and
d. being inattentive and careless with respect to other
traffic and conditions existing ~t the time.
15. The left-hand turn arrangement existing on Route 15 which
facilitates turns from both north and south onto Grantham Road is
"idiosyncratic," confusing, inconsistent and was a contributing
cause to this accident.
- 4 -
CERTIFICATE OF SERVICE
I, KEVIN C. MCNAMARA, ESQUIRE, hereby certify that I have
served a true and correct copy of the foregoing docUMent on the
following person by placing same in the United states mail, postage
prepaid, on the30~day of ~j/c ~ , 1995:
John M. Glace, Esquire
STEFANON , GLACE
407 North Front street
P.O. Box 12027
Harrisburg, PA 17108-2027
Attorneys for Plaintiff
THOMAS, THOMAS , RAPER
. ,
By:~0 ?>>.Y2~o~~_
Kevin c. MCNamara, Esquire
Exhibit C
"
APR 11 1995
LYNN E. SHIELDS, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. I NO. 95-1222 CIVIL
I
JEAN H. BARBON, .
.
Defendant . FOR ARBITRATION
.
PLAINTIFF'S RESPONSB TO NEW MATTER
14. It is specifically denied that Tracy Shields, was
negligent, in whole or in part, and it is specifically denied thatl
a. Tracy Shields drove too fast for conditions and strict
proof is demanded at time of arbitration.
b. ~~acy Shields drove at an unsafe speed wherein she could
not bring her vehicle to stop within an assured clear
distance.
Strict proof is demanded at time of
arbitration.
c. Tracy Shields followed the traffic ahead too closely.
Strict proof is demanded at time of arbitration.
d. Tracy Shields was inattentive and careless in respect to
other traffic and conditions. Strict pro~f is demanded
at time of arbitration.
15. It is .specifically denied that the left hand turn
arrangement and any other traffic controlled by either northbound
or southbound left hand turn from Route 15 onto Grantham Road was
"idiosyncratic", confusing, inconsistent and a contributing factor
CBRTIFICATB OF SBRVICB
The undersigned hereby certifies that, on the date below he
served a true C?py of the AJl._r to ..16.., :.:at~er on the person li:sted
below, at the address set forth, by First Class United states Naill
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer
305 North Front street
P.O. Box 999
Harrisburg, PA 17108-0999
, .
RESPECTFULLY SUBMITTED,
DATE I
~,lo.t'(qr
(
ace, Esquire
GLACE
Front Street
P.O. ~ 1:!:l27
Harrisburg, PA 17108-2027
(717) 232-0511
I.D. 23933
By
~
,
,
-
5. Tracey Lynn Shields was not joined within the 60-day
period provided for by Pa.R.C.P. 2253 because of an oversight by
counsel.
6. Tracey Lynn Shields is aware and has been aware that it
is Defendant's contention that the negligence of Tracey Shields was
the cause of the Plaintiff's damages. She is not prejudiced by the
late joinder.
7. This joinder is sought within the statute of limitations.
8. Counsel for Plaintiff Lynn E. Shields has been contacted
and does not oppose the joinder of Tracey Lynn Shields.
9. Leave to join the Additional Defendant would promote
judicial economy by resolving the entire dispute in a single action
which is.~cheduled for arbitration.
WHEREFORE, Defendant requests that the Court grant leave to
join Tracey Lynn Shields as an Additional Defendant.
Respectfully sUbmitted,
THOMAS, THOMAS , BAJ'ER
By: IL'()??/'2_~-~
Kevin C. MCNama;~~~E~~1re
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7132
_/ /. .It--~
DATE: 715.: LJ
Attorneys for Defendant
VERIPICATION
I, Jean H. Barbon, have read the foregoing JOINDER COMPLAINT which
has been drafted by my counsel. The factual statements contained therein
are known by me ~nd are true and correct to the best of my knowledge,
information and belief.
This statement and verification is made subject to the penalties of
18 Pa.C.S.A. 5 4904 relating to unsworn falsification to authorities,
which provides that, if I knowingly make false averments, I may be
subject to criminal penalties.
DATE:
~~-
cku ';#~
,;ean H. Barbon
CERTIFICATE OF SERVICB
I, KEVIN C. MCNAMARA, ESQUIRE, hereby certify that I have
served a true and correct copy of the foregoing document on the
following person by placing same in the united states mail, postage
prepaid, on the 17'f-day of ..J.A..I'4 , 1995:
(
John M. Glace, Esquire
STEFAHON , GLACE
407 North Front Street
P.O. Box 12027
Harrisburg, PA 17108-2027
Attorneys for Plaintiff
and by Sheriff's service to:
Tracy Lynn Shields
R.D.#2
Dillsburg, PA 17019
THOMAS, THOMAS , HAFER
@
JUL 10 2 41/ HI '95
'H F!l)~
,:, < HOII" L\hY
:'11): ~,;';!.N(J 1";'.~U'\lt
I,'?{ ~ 'f:. .~. :,~i; t.
:J/'omaa, :J/'oma. & %fer
'.1lIlDrn,'1' 01 1'alO
305 NORTH FRONT STREET
P. O. BOX Sleg
HARRISBURG, pA.I7IOe
"JUL 1 0 1995c1'\.
THOMAS, THOMAS" HAFER
BY: Kevin C. McN,mlf', Esquire
/DENT/RCATION NO.: 72668
305 No"" Fronl S"..,
P. O. BDx 999
H.m.butg, PA 17108.0999
/7/7/237.7132
Attorneys for Defend,nt, J"n H. Slfbon
LYNN E. SHIELDS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 95-1222 CIVIL
FOR ARBITRATION
JEAN H. BARBON,
Defendant
ORDBR
AND NOW, this ~day of
(wi.,
, 1995, upon
consideration of Defendant's Motion for Leave to Join Tracey Lynn
Shields as an Additional Defendant, and upon consideration of
Plaintiff's consent thereto, Defendant's Motion is granted.
BY THE COURT:
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THOMAS, THOMAS & HAFER
BY: Kevin C. McNamara, Esquire
IDENTIRCATION NO.: 72668
305 ND,th Front St,..t
P. O. BDx 999
H.m.butg. PA /7108.0999
(7/71237-7/32
Attorneys for Defendant, Jean H. 8arbon
LYNN E. SHIELDS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 95-1222 CIVIL
JEAN H. BARBON,
Defendant
FOR ARBITRATION
MOTION FOR LEAVE TO JOIN ADDITIONAL DEFENDANT
AND NOW, comes the Defendant, Jean H. Barbon, by and through
her attorneys, Thomas, Thomas & Hafer, and moves this Court for an
Order permitting the joinder of Tracey Lynn Shields as an
Additional Defendant based upon the following:
1. This case involves a two-vehicle accident which occurred
on October 2, 1994.
2. Plaintiff filed his Complaint on March 21, 1995, 'alleging
that Defendant Jean Barbon was responsible for the accident which
damaged Plaintiff's automobile.
3. At the time of the accident, the vehicle owned by
Plaintiff was driven by his daughter, Tracey Lynn Shields.
4. The accident occurred when Defendant attempted to make a
left turn and was struck in the rear by Plaintiff's vehicle.
5. Tracey Lynn Shields was not joined within the 60-day
period provided for by Pa.R.C.P. 2253 because of an oversight by
counsel.
6. Tracey Lynn Shields is aware and has been aware that it
is Defendant's contention that the negligence of Tracey Shields was
the cause of the Plaintiff's damages. She is not prejudiced by the
late joinder.
7. This joinder is sought within the statute of limitations.
8. Counsel for Plaintiff Lynn E. Shields has been contacted
and does not oppose the joinder of Tracey Lynn Shields.
9. Leave to join the Additional Defendant would promote
jUdicial economy by resolving the entire dispute in a single action
which is scheduled for arbitration.
WHEREFORE, Defendant requests that the Court grant leave to
join Tracey Lynn Shields as an Additional Defendant.
Respectfully submitted,
THOMAS, THOMAS , RAPER
By:/L.c
Ht)'vl.et.-
Kev n C. McNamara, Esqu re
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7132
DATE: 7/5/95
Attorneys for Defendant
CBRTIrICATB or SBRVICB
I, KEVIN c. MCNAMARA, ESQUIRE, hereby certify that I have
served a true and correct copy of the foregoing document on the
following person by placing same in the United states mail, postage
y...t
prepaid, on the S ~ day of .1.. (c..-/ , 1995:
/
John M. Glace, Esquire
STZFANON , GLACB
407 North Front street
P.O. Box 12027
Harrisburg, PA 17108-2027
Attorneys tor Plaintitt
THOMAS, THOMAS , JlAJ'BR
By:Lc~n~~
Kevin C. McNamara, Esquire
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SHERIff'S RETURN - OUT Of COUNTY
CASE NO: 1995-01222 P
COMMONWEALTH Of PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHIELDS LYNN E
VS.
BARBON JEAN M
. Sheriff, who being duly sworn according
diligent search and inquiry for the within
SHIELDS TRACY LYNN
R. Thomas Kline
to law, says, that he made
named defendant, to wit:
but was unable to locate
Her
in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania.
to serve the within JOINDER COMPLAINT AND NOTICE
On AUQust
17th, 1995
this office was in receipt of
County, Pennsylvania.
the attached return from
YORK
Sheriff's Costs:
Docketing
Out of County
Surchar8e
YORK CO NTY
18.00
9.00
2.00
32.18
10&1.16
7Oe.
& HAfER
Sworn and subscribed to before me
.,... ')
this .)0;- day of ~....r
19 'i'~" A. D.
~/.'- C. )l~ ~~ .
prothonotary
'C . C -I . C " ..
1- -I => OU'" cr -mm"''''' ..l"'-.....T ......-.:',.1-...... I ....-.""
A. Pr, . ~ ..".. a. fItt#" . __~ ow e,J..._._.. _".... V"""''''', 1
J
Jean H. Barbon
?snr:sy 1'I::r:i:::
'Is.
Tracy Lynn Shields
~o.
95-1222..Civil Term
----.
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Julv 19. 1995
:9_ !. S~~:: 0::.' C~t3Z?..!..A.'ft) COt.~'=Y. ?_~ co
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York
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August 2,
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Complaint for Arbitration
L'
'~poa
Tracy Lynn Shields
RD# 2, Box 11,'Dillsburg, PA
(.J:'")
,-.,
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by::u:C!:q:a
Jo Ann Shields, mother and person in charge
~ true and attested
c:py ei == 0::;-=-..1 ~n.? Qnv l' ni11 chl1rg Pl\
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md -~':. Cawn:o her
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So :u:sw=.
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DEPUTY SHERIFF Gr
~~"-.~\.~
.~--'~ , YOEk ~
~c. ~~~
. Kenneth L. Markel
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3wc:: =d s:li:sc:-:h::i beer.:
== .... 4th by ci
COSTS
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S18.00
12.18
2.00
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NOTARIAL SEAL
. IS Rhine. NOI'", Public
Yori!., York County, Pennsvlvani8
.,... r:omm,SSlon e1Dlr85. March 25. 1999
S 32.18
f_ .-'
LYNN E. SHIELDS, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA
I
vs. . NO. 95-1222 CIVIL
.
I
I
JEAN H. BARBON, .
.
Defendant I
.
.
vs. .
.
.
.
TRACY LYNN SHIELDS, .
.
Additional Defendant .
.
PRAECIPB FOR BNTRY OF APPBARAHCB
TO THB CLERK OF COURT:
Enter my appearance as counsel on ,behalf of Additional
Defendant TRACY LYNN SHIELDS in the above-captioned matter.
RESPECTFULLY SUBMITTED
L
DATE I
rro 1~ /qq,
!
John ace, Esqu re
STEF & GLACE
407 Front Street
P.O. ox 12027
Harrisburg, PA 17108-2027
(717) 232-0511
I.D. ~23933
Attorney for Defendant
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COMMONWEAL TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
Cumberland County
COMMON PLEAS No.
95-1222 Civil Term
NOTICE OF APPEAL
Notice IS CjIYI.Hl that the ....ppellant has f.led in the above Court 01 Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
"'AM. 0,. ..........,,"',.
M"D, Dial'. "D. 0.. ",,,M. 0... 0,',
Jean M. Baroon
09-3-05
ADD"... 0" ".."."..,,"..
en,.
.TA1'.
.,,, coDa
"
519 Latshmers'Drive Harrisbur
PA 17109
DA,.. 0.. "'OGM.",,.
...
....I?~...C:~;;?~
'1I~".~''''''
-
~:u
(...".
nn E. Shields
95
Jean M. Barbon
CI."'''' '"'D.
CV 19 94-365
LT 19
This hlock will be signed ON L Y when this notation is required under Pa.
R.C.P.J.P. No. 1008B.
This Notice of Appeal, when received by the District Justice, will op'~rate a5
a SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimanr lsee Pa. R.C.P.J.P.
No. /00/161 in acrion before Disr,;cr Jllstice, Ire
MUST FILE A COMPLAINT within rw..nty 1201
days afrer filing his NOTICE of APPEAL.
S,gndlure 01 PTOthonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
IThis section of fo,m to be Ilsed ONL Y when appellant was DEFENDANT Isee Pa. R.C.P.J.P. No. /00/171 in acrion belo,e Disr,;cr Jllstice.
tF NOT USED, derach f,om copy of norice of appeal to be served Ilpon appelleel.
PRAECIPE: To Prothonotary
Enter rule upon
Lvnn E. Shields
MIme 01 appelleefS}
, appellee Is I. to file a complaint in this appeal
ICommon Pleas No. 95-1222 Civil Term
within twenty (20) days after s vice of rule or suffer entry of judgment of non pros.
C/Yl
RULE: To
Lynn E. Shields
Name olappelleefsJ
. appelleefs)
111 You are notified that d 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.
(31 The date of service of this rule if service was by mail is the date of mailing.
Date: March 8.
'ki~~a
K ,~~. 0' !):~.ry or D.pury
.19 95
AOPe 312-90
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NOTICE OF APPEAL
COMMONlI'lAL TH OF PENNSVLVANIA
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
Cumberland County
COMMON PLEAS No.
95-1222 Civil T8Dn
NOTICE OF APPEAL
Notlel' IS IJlven that the ifjpellant has filed in the above Court of Common Picas an iPfJcal from the judr.mcnt rendered by the District Justice
on the date and in the case mentioned below.
ii"iiii'i'O....--~..IoIoA...'
"'''..0..1'. NO. D" "..... 0.. D.'.
Jean M. Barbon
09-3-05
..00....0.. .....1.1.".."
en"
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a.p coos
519 Latsbmere Drive Harrisbur
PA 17109
OA'. OP ,UOIIM.""
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2/17 95
ca..'" Hc:!,
nn E. Shields
n.
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Jean M. Barbon
CV 19 94-:-365
LT 19
ThiS block will be signed ONLY when this natation is required under Pa.
R.C.P.J.P. No. 10088.
ThiS Notice of Appeal, when received by the District Justice, Will oP'!rate as
a SUPERSEDEAS to the judgment for possession in thiS casc.
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 100//61 in action before District Jusrice, he
MUST FILE A COMPLAINT within twenty 1201
days afte, filing his NOTICE of APPEAL.
S,!/narurfl 01 Prothonotary or O~puty
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
IThis section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. lOOI(7) in action befo", Dist,i,t Justice.
IF NOT USED. detach fiom copy of notice of appeal to be served upon appelleel.
PRAECIPE: To Prothonotary
Enter rule upon
Lynn E. Shields
Ndme of .Jppelleeld
. appelleelsl. to lile a complaint in this appeal
~
(Common Plea. No. 95-1222 Civil T8Dn
:~(
within twenty 1201 days 7rVice of rule or suHe: entr~ of judgment 01 non pros.
. (. /7') 74v,. ......a-1.-c:::L-
Si,n.ru,. o( .""elf"" or h/,."orneoy or .,gtnt
RULE: To
Lynn E. Shields
Name of .,ppelleelS}
. appelleelsl
~,.;
;.k t
111 You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (201 days after the date of
service of this rule u"Pc:iO you by personal service or by certified or registered mail.
. ..... "'.
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(21 If you do ".Ot f~ complaint within this time, a JUDGMENT OF NON PROS WI LL 8E ENTERED AGAINST YOU.
'. (31 The date of 'service of this rule if ser.lice was by mail is the date of mailing.
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Date: Merch.8.
,19 95
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PROOF OF SERVICE OF NOTICE Of APPEAL AND HULL 10 FILL COMPLAINT
COMMONWEAL TH or Pl:NNSYlVANIA
COUNTY UF
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In The Court of C~cmon Pleas of
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.JeAN I.{.
Cumberland County, Pennsylvania
BAli BUN ';J.c~..i-
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OATIl
We do solemnly syear (or affirm) that y. will support, obey and deiend
the Constitution of the United States and the C~nstieut1oa oi this Cocmon-
wealth and that we will discharge the duties of~r oifice with f lity.
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AWARD
We, the undersigned arbitrators, having ~een duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are ayarded, they shall be
separately stated.)
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. Arbitrator, dissents. (Insert name if
applicable. )
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~OTIC! OF ~! OF AWARD
~ow, the /I!!: day oi <J.dd......... , 19 'J\", , at 3.'11, P. .:1., the above
award was entered upon the docket and ~otice ~eof gIVen bY-mail to the
parties or their at:o~eys.
Oate of HearL~g:
:late of Award:
Ar~itrators' cocpensation :0 be
paid upon appeal:
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IN THE. COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1222 CIVIL
LYNN E. SHIELDS,
Plaintiff
JEAN H. BARBON,
Defendant
FOR ARBITRATION
PRAECIPB TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned matter, settled, and
discontinued and the Arbiter's Judgment satisfied.
RESPECTF LLY SUBMITTED,
BY
17108-2027