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The Times Examiner
2
Memorial Service for Real
Daughter Mattie Clyburn Rice
Wednesday, October 22, 2014
LEGAL NOTICE
STATE OF SOUTH CAROLINA
COUNTY OF GREENVILLE
Sherrill Bullock DeVita and
Francis Anthony DeVita, Plaintiffs,
vs.
Kelly Mari Darling-Quackenbush
and Lindsey Rebekah
Quackenbush-Young, Defendants.
IN THE COURT OF COMMON PLEAS
THIRTEENTH JUDICIAL CIRCUIT
SUMMONS
C.A. No.: 2014-CP-23-4259
PICTURE TAKEN BY JUDY P.SMITH PHOTOGRAPHY
Many people from all over the country attended the Memorial Service honoring
Real Daughter of the Confederacy Mattie Clyburn Rice on Saturday, October 18, 2014, at
Hillcrest Cemetery in Monroe, NC. Wonderful tributes were given in her honor. The Upcountry
of South Carolina was represented by 16th SC Color Guard of Honor; 16th Regiment, Camp
36, SCV; SC Division UDC; SC Division CofC; Ann White Chapter 123, UDC; Beulah
Meredith Chapter 2237; Hunley Chapter 2667, UDC; Oliver Thompson Chapter 1850,
UDC, and Caroline S. Coleman Chapter 537, Children of the Confederacy.
Phillip Bowers Running for Pickens
County School Board District 2
Includes Six Mile, Norris, Central areas
Phillip Bowers
Bowers is a lifelong resident
and has experience on the State
Board of Education and the S.C.
Education Oversight Committee.
He’s been involved with the Republican Party for over twentyyears and has served as Pickens
County chairman for seven years.
He graduated from Daniel High
School, received a bachelor’s de07-09-14
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gree from Southern Wesleyan
University, and a master’s degree
from Clemson University. Bowers
is married with one son and one
granddaughter, and an active
member of Grace United Methodist Church.
Bowers says he’ll promote conservative principles like faith in
God, love for American, ethical
behavior, and a Biblical view of
marriage and sexuality. On the
prayer issue, Bowers said, “Prayer
at school board meetings is a tradition and the board should not
have coward to outsiders, and if
elected I will stand against antireligious extremists, and insist
prayers be reflective of our Christian community.”
He believes we are allowing liberal influences to overtake our
schools and conservatives must
get involved to stem the tide. He
has opposed Common Core since
first introduced and was one of
only four State Board of Education members to vote against
adopting Common Core. “I will
continue to stand against outsiders trying to control our educational system”.
Bowers has over 30-years private sector business experience.
719 Sulphur Springs Rd. • Greenville, SC 29617
Ask for Cindy • Phone: 864-246-1008
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09-02-15
3400-D Rutherford Road Ext.
Taylors, SC 29687
[email protected]
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Practical teaching
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with a message of
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He points out that all his opponents get significant household
income from the government, either from employment with the
school district or other government agencies. “I believe we need
folks from outside the government
for real reform and solutions to
financial and management problems on the board.”
In addition to a focus on values, Bowers also wants to increase emphasis on elementary
reading, Career and Technology,
and cost management focusing
dollars on the classroom. Bowers
says students must read well to
succeed in life. He believes we
should teach children how do
build and repair things and our
career and technology program
does that and must be supported.
He says the board must do a better job of planning and use financial resources effectively.
“There is not an unlimited supply of money, and the board must
prioritize spending on the classroom”. If elected, he said his spending priorities will be competitive
teacher pay, reading programs, and
career and technology. Bowers can
be reached at www.Phillip
Bowers.com or 868-2789.
864-409-3067
02-11-15
ST 03-19-14
03-04-15
2403 WADE HAMPTON BLVD.
TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to answer the Complaint in
this action, a copy of which is attached hereto and herewith served
upon you, and to serve a copy of your answer to same upon the
subscribed at 178 West Main Street, Post Office Box 3547, Spartanburg,
South Carolina 29304, within thirty (30) days after the service of same,
exclusive of the day of such service. If you fail to answer same within
thirty (30) day period, Plaintiff will apply to the Court for the relief
demanded therein and judgment will be taken against you by default.
COMPLAINT
C.A. No.: 2014-CP-23-4259
Plaintiffs, Sherrill Bullock DeVita and Francis Anthony DeVita, by
and through their attorneys, Harrison, White, Smith & Coggins, P.C.,
complaining of Defendants, Kelly Mari Darling-Quackenbush and
Lindsey Rebekah Quackenbush-Young, would respectfully show this
Court the following:
GENERALALLEGATIONS
1. The parties hereto, subject matter hereof and all matters and things
hereinafter alleged are within the jurisdiction of this Honorable Court.
2. Plaintiffs, Sherrill Bullock DeVita, (hereinafter “Mrs. DeVita”)
and Francis Anthony DeVita (hereinafter “Mr. DeVita”) were at all
times hereinafter mentioned citizens and residents of Greenville County,
State of South Carolina.
3. Defendants, Kelly Mari Darling-Quackenbush (hereinafter “Mrs.
Darling-Quackenbush”) and Lindsey Rebekah Quackenbush-Young
(hereinafter “Ms. Quackenbush-Young”), are and were at all times hereinafter mentioned citizens and residents of Greenville County, State of
South Carolina.
4. On or about August 17, 2011, Plaintiff, Mrs. DeVita, was operating a 2001 Dodge vehicle and was traveling in Greenville County, South
Carolina, in a southbound direction on Haywood Road, turning left
onto Interstate 385 south. At or about the same time, Mrs. DarlingQuackenbush, traveling on Haywood Road in a northbound direction,
in Ms. Quackenbush-Young’s 1990 four-door Chevrolet vehicle, disregarded a traffic signal and collided with Mrs. DeVita’s 2001 Dodge
vehicle, causing Mrs. DeVita to suffer injuries and damages as described
herein.
FOR A FIRST CAUSE OF ACTION
AS TO DEFENDANT KELLY MARI DARLINGQUACKENBUSH
(NEGLIGENCE)
5. Plaintiffs incorporate herein by reference each and every allegation
set forth hereinabove as if repeated verbatim.
6. Defendant, Mrs. Darling-Quackenbush, was negligent, careless,
willful, wanton, reckless and grossly negligent as follows, to wit:
(a) In failing to maintain a proper lookout;
(b) In driving too fast for conditions;
(c) In failing to properly maintain her vehicle;
(d) In failing to keep her vehicle under safe and proper control;
(e) In failing to obey a traffic signal;
(f) In failing to apply her brakes safely and properly to avoid
collision and
(g) In failing to exercise the degree of care and caution that a
reasonably prudent driver would have exercised under the conditions
then and there existing.
All of which were the direct and proximate cause of the injuries and
damages sustained by Plaintiffs herein and were in violation of the
statutory and common law of the State of South Carolina.
FOR A SECOND CAUSE OF ACTION
(NEGLIGENT ENTRUSTMENT)
7. Plaintiffs incorporate herein by reference each and every allegation
set forth hereinabove as if repeated verbatim.
8. Defendant, Ms. Quackenbush-Young, was negligent in entrusting
the use of her automobile to Defendant, Mrs. Darling-Quackenbush,
when Defendant, Ms. Quackenbush-Young, knew or should have known
that Mrs. Darling-Quackenbush was not a competent and qualified
driver.
9. As a direct and proximate result of Defendant, Ms. QuackenbushYoung’s negligent entrustment of said automobile, Plaintiffs suffered
injuries and damages as set forth herein.
FOR A THIRD CAUSE OF ACTION
FAMILY PURPOSE DOCTRINE
10. Plaintiffs incorporate herein by reference each and every allegation set forth hereinabove as if repeated verbatim.
11. Plaintiffs allege that the car driven by Mrs. Darling-Quackenbush
was at all times relevant hereto owned by Defendant, Ms. QuackenbushYoung.
12. Plaintiffs allege that the Defendant, Ms. Quackenbush-Young,
owned and provided said vehicle for the regular use and benefit of
family members, including Defendant, Mrs. Darling-Quackenbush.
13. Plaintiffs allege that at the time of the collision Mrs. DarlingQuackenbush was operating the automobile owned by Ms.
Quackenbush-Young for a family purpose and therefore, Ms.
Quackenbush-Young is liable for the negligence and/or recklessness of
Defendant, Mrs. Darling-Quackenbush.
FOR A FOURTH CAUSE OF ACTION
(LOSS OF CONSORTIUM)
14. Plaintiffs incorporate herein by reference each and every allegation set forth hereinabove as if repeated verbatim.
15. Plaintiff, Mrs. DeVita, is now, and was at all times pertinent
herein, a citizen and resident of Greenville County, South Carolina and
the loving spouse of Plaintiff, Mr. DeVita.
16. That as a result of injuries to Plaintiff, Mrs. DeVita, Plaintiff, Mr.
DeVita, was deprived of society, companionship, consortium, and services of his wife, Plaintiff, Mrs. DeVita.
17. Accordingly, Plaintiff, Mr. DeVita, has been damaged and believes that he is entitled to judgment against Defendants for compensatory damages in regard to his loss of consortium claim in such amount as
determined appropriate by a trial of this case.
18. As the direct and proximate result of the collision, Plaintiff Mrs.
DeVita suffered serious, painful and permanent personal injuries all of
which necessitated appropriate hospital and other medical care which
has caused Plaintiff Mrs. DeVita to incur substantial medical expenses
and to suffer severe pain and discomfort. Plaintiff Mrs. DeVita has
been permanently injured and her ability to earn income may have been
greatly reduced and her ability to enjoy life has been adversely affected.
WHEREFORE, Plaintiffs pray for judgment against Defendants for
actual and punitive damages in an appropriate amount, for the cost of
this action, and for such other and further relief as the Court may deem
just and proper as to Plaintiff, Mrs. DeVita, and for actual damages in
an appropriate amount, for loss of consortium, for the cost of this
action, and for such other relief as the Court may deem just and proper
as to Plaintiff, Mr. DeVita.
HARRISON, WHITE, SMITH & COGGINS, P.C.
Thomas A. Killoren, Jr.
SC Bar No. 69490
Post Office Box 3547
178 West Main Street
Spartanburg, South Carolina 29304
(864) 585-5100
Attorneys for Plaintiffs
10-22-14