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HomeMy WebLinkAbout01-04982 „tOMMO~IWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na n f `V Q~~ 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 22 S . cv19 ODCIflZ85-~! LT 19 This bock will be signed ONLY when this rotation is required under Pa. R.C.PJ.P. Na If~appell~/jt was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justce, will operate as a 1001(6) in action beforeDistrict Justice, he MUST SUPERSEDERS ro the judgment for possession in this case FILE A COMPLAINT wlthfn twenty {20) days after' filing his NOTICE of APPEAL. Signature of Prothonotary a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.GP.JP. No. 1001(71 in action before Disrict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon appellee(s), ro file a complaint in this appeal rvanro ~ appeneersr (common Pleas Na n~-'y9paZ dl~~~2)'f~) within twenty (20) days after service of ru or suffer entry 'udgmeM of non pros. ir,~ Si of app eot_or his atmmev_or agent RULE: To m 1G~tAu° ~ A . S-IeY ,appelkre(s). Name d appellee/sl (1) You ore notified that a rule is hereby entered upon you ro file a complaint in this appeal within twenty (20) days after the daM of service of this rule upon you by persona! service a by certified or registered moil (2) N you do rat file a complaint within this time,"a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing.///~_ n Date:_~], pgC.ZUO~ ~ /~J/OiL e , l'" ~' Y .rn Signahae a Daputy igFC S,s-e° COURT FILE TO BE FILED WITH PROTHONOTARY ~K,~ ~1'. LG E°Bl &.B id K" 6d' A7F'B@p6W ~ 8:R 8" 5~4d~$tim~ 'bA 8- ~+l C°P'G8'R~ A'&&6 @'6?eS bm 8%„' G'ETm~ 9a+hi5~~@$~d94 j This proad o't servio¢~ MUST f3F_ t=tt.FC1 ~1TN,A.t TE,~+ t t0) DAYS AFTt=r~ t'?tincJ Phe-catice of app?neE. Gnecls appFra&l~fe baxes). ~CXk4Po19i5fVdER,LTtri {}~ F~F~`~:i5`a_V,rtt'dtA - - ~FI~~[~'a i I,n;e3agr s~~ear ca= a°iir,n that t serv~aui L7 s Wr(3v tai tF.e E;+ortca <>" Apt~eat, Cornrr3Qn F'teas N~a.._._._..~.__..._~.__ u~r~n Y`~a Dis§~r;ct Justice G~lesigna€ed therr~'n an (date of ser?~ca) __~ _ _._._.~ ___ __._~_~ J ~y persanai service u per (car#ifiet!) {registered} mail, st>nd~~r"s recepi atfac'aed hesetG, a,ci upon rr:e apjteliee, fnerne) _~_~.___,____w-~____w_.___~.....________~ _~~._, on ~.m„..__.,_,_.~.._...._. , ?9-...__ ~~ dy aersenaC servicz ~ by icarC€ied} (rngistei~c) =raft, sender's reoalpt attached iverefo. ^ arrd§urthe: tha*.Isertacahe~u3e`oFllea%or'rs~Iaf~~taccompanvingthoabo4~cMef3aeoiAn~ea9apanthnap~pnllae(a)towharn the Rule ~:as ac~rsssnd an _._._ _______ ~__._~.___~- , P9.____,,~! ~u ta€~rsoria; :eTVJtie ~; by (c;e~t~tiarl} Fregistere~J} ~raS€; s8ad~rrs ±eaeip2 att',,=-ci`ec,~t Ytnet3to. 3WOFiN (=~F~'€i~P~1~L~, ,~.t:;±) ;;tl£'sSCE~i~Fi` o~FfJiiE ti1F TFiiS C~A'ti ~a~ Signature qfi aii4an2 S7gaeture of oNlc+at A:Iare wh.~rn a€t~davl was ,:,~;ve Yit7a o: official f~Y commlasra i ~~~ r©s o0 ~ c~ __.. t~ i_ T h '~° r ~ tnrri c .~ ,~ .~ ~ ~ ~ C ~ {~. ~~, ~ n;- .~ ~_ .~ Imo) 7 r, ._~ F, ,~~ ._.„._,~,_...,.m...v,P,...~ .,~, .vu~,.eva n ,. x4ev~~rwevrPaaa;.~2~~ri~ y„ - . _ ~ r=.~sa a..:. ~ . - , aevc , v e~~.~.~,~~ ~- r ' GOM,~MONVJEALTH OF PENNSYLVANIA rni iniTV nF• CUA'RiERLAND Maq. 09-3-04 OJ Name: Hon. THOMAS A. PLACSY P°dfeS" Y04 3. SPORTING HIT.,L RD. MSCHANICSBIIRG, PA ATTORNEY DSF PRIVATE MICHAEL PYROSH, ESQ. 3805 MARKET ST CAMP HILL, PA 17011 NOTICE O~ JU®C~i1AENTITi~ANSCF~i~T CiViL CASE PLAINTIFF: NAME andA~oRESS _i ~sTER, MICHAEL A 3.363 PRINCETON RD MECHANICSB~zG, PA 17055 L ~ VS. DEFENDANT: NAMEandaooaess rJOHNSEN, JUSTIN JORGEN ~ 22 S. LSTORT DRIVE CARLISLE, PA 17013 L J DocketNo.: CV-0 000285-01 Date Filed: 6/01/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR P .AT]gT ®Judgment was entered for: (Name)Q,TF.R ~ Mr~,HARTa A ® Judgment was entered against: (Name) TOHN.4`FT7. TC7RTTN TORAFTi in the amount of $ 6, sn2 _ sn on: ^ Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to ^ AttachmenUAct 5 of 1996 ~ ^ Levy is stayed for days or ^ generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: Time: Telephone: 1717 ~ 761-8230 17050 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 N E OF JUDG T NS RIPT FORM WITH YOUR NOTICE OF APPEAL. '~ ~'~ ~ Date ,District Justice I*c~ertify that this is a true a corr p f the p ceedings containing the judgment. ! ~~ ~~ ©, Date ,District Justice My commission expires first Monday of Januar~l;• I 2004 SEAL AOPC 315-99 (Date of Judgment) ~/~~ /ni (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Gosts Certified Judgment Total ~_:. - ~x - COMSaG...... +LTN OF PENNS`/LVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na C1 ~ „' ~~`~` T NOTICE OF'APPEAL Notice is given shot 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 L. ~ . CV 19 Q~~~ ~.g~"d LT 19 ~t S!I This bock will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. If ~appell~T`it was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. ~ ' This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of iorm to be used ONLY when appellanrt was DEFENDANT (see Pa, f4.C.P.J.P. No. 1001(7) in action before Disrict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon 1 { I1 G NfJe ( H ~1Pr - - , appellee(s), To file a complaint in this appeal n ~ Name of appe/lee(s) (Common Pleas No. >~~ "' '~gd"'oZ 0..t UI ~ ~~~) within twenty (20) dayi after service of ru or suffer entry 'udgment of non pros. l~ /~ ~~ u2 0/ a~ue A ~ his. attom a agent RULE: To ~ 1 G ~AB ~ I`i ~ ~J~ r , appellee(s). ~ ~ - - - Name of appslteels) _. (1) You are notified That a rule is hereby entered upon you to file a complainh 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) H you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.' (3) The date of service of this rule if service was by mail is The date of mailing. y~'`~ ~? ~ Date: 1bK~Ul~/ r t,::-~l_1 '~~'f; ,....yr.;~ _ C_. Si9natwe` ~, Ra or (Jgoury -... ~~;. ~: .. r > -, . ~orc aiz-aa .. ~ ~. 'C'~I:RT. ,FILLE '. PFi~P ~F ~~R~l~E? F APd}7°!~ F A~P~~l, A~E~ fit1~~ 7' Fl~~ ~tV!l~l~~tl~`~ (7hts prppt of service MUST 6E 1=ltED Wt FHIN TEN (?0) BAYS AFTER titing Pha npPice at appeah Ch®ok appticabte boxes,' COA9MONW~AL7k1 OF PENRISYLVANIA COUNTY B'3F'~~!_I.F~v ~ ; su FFI~A9!!'TQ I hereby/ sw+ear or affirm that I nerved a copy of the Native of AppeaE, Common A{eas No.~ 'L1_L2,~~_, upon the C}i;;tric4 Justice designated therein on ttlate afsen:ica) ~~aol(O 1 _ C~ by persor`7of serviae ~ by (certiRec~} (registered) mail, s~}nder's receipt attached hereto, arld upon the appellee, {Hama) /nom ~ JT S~~'" ~__ ,, on _,....~.' oZ~~_ ,~_.L__ (~ by personal service ~ by° {certified} {registered} rna~f, sender's receipt attached Pied>YO. ~ and furtherthatEServedtheRule'ioFteaCom laintaccompanyingtheaboveNotiaeofAppealupontheapeeitee{s}to whom fhe Fine eves a@dressed ors ~~a~ .-,~1.-, ~ say persona'. serviae ~ by {aer4irisd} {regi~ytered) ?nail, sende!'s receipt attached hereto. SWQRN {AFFIpP~iED} Ahli) SUBSC;hiREB 6EFQRE ME lit ~~,,~~jj i i Signature otai'ti&nt ~' of otfrolat TkIB bf OIftG~81 My comrtiissio:~ expires on . ~ .- . I+J.GISLSO~ _ NMuial" Seal ~~'P~ GBht'nmberl~end Cauttyy My ~~&cpiiae July I8, 7A05 AMCOpgpfl ,.~.,.~~mnnz aa~rwva~a~[acv^imP2wle~+~:mrzvnvza-.-~^ro~re~.~ ?pM~eee. ... .2d,~'d~E~xcw w.~rsr-= ~ :. ~ ~ _~- I ~ ~.: _.. •. . _ ,:~~ -.-z,- ~ ~~IV: ~ ~;, ar ~~ rv a M1 ~ .p t1t Posiage Q" ~ ..~ Certified Fae Q. Retum Receipt Fee (Endorsement Required) ~ O Resmcted Delivery,Fee D (Endorsement Required) 4 RJ. Tll m ~- [I" 0 M1 i i~ 1 ~ C 0 $11.34 ~~ \ Here i rte- . 1 • - - C U iag5 ~ Postage $ 'AQ" 'T ~p ~ Certified Fee ~ " JI Q- Return Receipt Fee . (~ ~ ~ ~o~ ~ (Endoreemeni Required) rr G iC'u~ /rF 0 Restricted Delivery Fee S ~ (Endoreemem Required) @@ ~~~V , ' 1 ~ Total Postage $ Fees .p -- - rU fN a (Plea rl I dy) (TO be completed by mailer) Q. Street Apt. Na.; or P o No. M1 ~ . _ • . . o --------~--------~-------------------------- ~NUfR' I also wish to receive the 'r Complete Items 1 and/or 2 for additional services. following services (for an • Complete items 3, 4a, and 46. e Print your name and address on the reverse of this form~sathat we can return this eMra fee): ~ cam to you. ^ Rttach this Corm to the front of the mailpiece, or on the back it space does not 1. ^ Addressee's Address g permit. • wnte °Re[um Receipt Requested"on the mailpiece below the article number. 2. ^ Restricted Delivery tFhe Return Receipt will show to whom the adicle was delivered and the date COnSUIt pOStmastef fOr fee. ~. 3. Article Addressed to: Q~~toblO~m~A,1~ ~~ 111 `~~1..~y,, `, oP~nsi~-l--l ~ tcsburA,PA nom 5. ±p or ^ Registered ~.Cert'rfied ~ ^ Express Mail ^ Insured ~ Return Receipt for Merchandise ^ COD ~ eliv ery 7. Date of D ,~ ~ 9 8. Addressee's Address (Only if requested ,x and fee is paid) _ t- ~• ~ `: 4'_ .._,. I-i;. ~ __ ~,L, -_?i-.: ~'~ ~-i-1 -- l5`~ -< '• x MICHAEL A. STER, IN THE COURT of COMMON PLEAS Plainitiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-4982 CIVIL TERM JUSTIN JOERG JOHNSEN, Defendant CIVIL ACTION -LAW COMPULSORY 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 by 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 the 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 GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE Second Floor, Rear Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTICIA Le ban demandado a nsted en Ia come. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dial de plazo al partir de la feche de la demands y la notification. Usted debe presenter una apariencia escrita o en persona. Sea avisado que si usted no se defiende, la torte tornara medias y puede entrar una Orden contra usted sin previo auiso o notification y por cualquier quaja o alivio que es perdido en la petition de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EO DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE Second Floor, Rear Cumberland County Courthouse One Courthouse square Carlisle, PA (717)240-6200 MICHAEL A. STER, IN THE COURT of COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 01-4982 CIVIL TERM JUSTIN JORGEN dOHNSEN, CIVIL ACTION -LAW Defendant COMPULSORY ARBITRATION Complaint AND NOW this l~day of September, 2001 comes Plaintiff MICHAEL A. STER and respectfully presents this Complaint and, in support thereof, avers the following: 1. Plaintiff MICHAEL A. STER is an adult unmarried individual who resides at 1363 Princeton Road, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant JUSTIN JORGEN JOHNSEN is an adult unmarried individual who resides at 22 South LeTort Avenue, Carlisle, Cumberland County, PA 17013. 3. Plaintiff, on March 10, 2001, was the owner of 1999 Chevrolet Cavalier (hereinafter Cavalier). 4. Defendant, on March 10, 2001, was the authorized operator of 1987 Mercury (hereinafter Mercury) owned by his mother, Julie A. Johnsen, also residing at 22 LeTort Avenue, Cazlisle, Cumberland County, PA. 5. On or about 12:30 AM ,Saturday March 10, 2001, Plaintiff, accompanied by a passenger, was driving northbound on Good Hope Road, Hampden Township, Cumberland County in the Cavalier and approached the traffic signal at Creek Road. The signal was green and Plaintiff drove through the aforesaid intersection when a Mercury entered the intersection, travelling east to west, on Creek Road. 6. Plaintiff, at that time and place, attempted to stop; but collided with the Mercury which had proceeded partially through the intersection. 7. As direct and proximate result of the aforesaid collision, Plaintiff s sustained the following damages: a. Repair to the Cavalier ...................... $8,097.79 b. Towing Charges .................................. $75.00 c. Storage Charges ................................ $390.00 d. Additional Charges from Roadside .... $45,00 Rescue Total Damages $ 8,597.79 8. The foregoing motor vehicle accident and all damages, direct or consequential, as previously set forth and sustained by the Plaintiff are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant operated his motor vehicle as follows; a. Failure to maintain high degree of care required of a motorist entering an intersection; and b. Failure to properly observe traffic signals controlling Defendant's direction of travel; and c. failure to operate his motor vehicle in accordance with existing traffic conditions and traffic controls; and d, Failure to apply brakes in time to avoid the collision; and e. failure to keep proper and adequate control of his vehicle: and Attempting to enter an intersection when such movement could not be safely accomplished; and f. Driving his vehicle upon the highway in a manner endangering persons and property and in negligent manner with careless disregard to the rights and safety of others g, Failure to drive his vehicle with due regard for highway and traffic conditions which were existing and of which he should have been aware. WHEREFORE Plaintiff MICHAEL A, STER demands Judgment from Defendant JUSTIN JORGEN JOHNSEN in the amount of $8,597.79 plus cost of suit and interest. By Local Rule of Court, said amount requires compulsory arbitration. Respectfully submitted: The Law Offices of John M. Glace John lace, Esquire 132- alnut Street H g, PA 17101-1612 (71 238-5515 Supreme Ct. ID: 23933 Counsel for Plaintiff 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., Section 4904 relating to unsworn falsification to authorities. SNP 2D0/ Date ___--~ Michael A. Ster F OF SERVICE I HEREBY CERTIFY that this day of September, 2001 I have served a true and correct copy of the foregoing Com lint, by first class mail, postage pre-paid, upon: Michael J. Pykosh, Esquire The law Office of Darrell C. Detleff 3805 Market Street Camp Hill, PA 17011 Counsel for Defendant LAW OFFICES of JOHN M. GLACE Glace, Esquire Walnut Street _ PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Plaintiff C c.-~ c7 ~ ---- -n ;.n -v [r rn r; i~~tC 'x7 _ ~. n? G .:u - ~: ~e~ . t' 1 .1 . R6~F49^NtR*~.R%~%?.u9WE ~ li~~ C£-!f':.:v a ~ na { €~~¢s~pa4? q „ 'malxRl~+t3m9 aKfB.. ~d9f`: LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Stteet Camp Hill, PA 17011 (717) 975-9446 MICHAEL A. STER, Plaintiff v. JUSTIN JORGEN JOHNSEN Defendant Attorney for DefendaW, Justin Iorge Jolvuen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII.. ACTION -LAW NO. 01-4982 CIVIL TERM CUMPULSORY ARBITRATION NOTICE TO PLEAD TO: John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter within twenty (20) days From service hereof or a default judgment will be entered against you. Date: ~~~' (' I By: Michael J. Pykgkli, re Attorney ID # 5885 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717)975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (117)975-9446 Attorney for Defendant, Justin Joerg Johnsen MICHAEL A. STER, Plaintiff v. JUSTIN JORGEN JOHNSEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4982 CIVIL TERM CUMPULSORY ARBITRATION ANSWER AND NOW comes Defendant, Justin Jorgen Johnsen, by and through his attorney, Law Office of Darrell C. Dethlefs, who in support of his answer avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that on or about 12:30 a.m, Saturday, March 10, 2001, Plaintiff, accompanied by a passenger was driving northbound on Good Hope Road, Hampden Township, Cumberland County in a Cavalier and approached) a traffic signal at Creek Road. It is further denied that the signal was green and Plaintiff' drove through the aforesaid intersection, when a Mercury entered the i~ersection traveling east to west, on Creek Road. 6. Denied. It is denied that Plaintiff at that time and place, attempted to stop; but collided with the Mercury, which had proceeded partially through the intersection. 7. Denied. It is denied that as a duect and proximate result of the aforesaid collision, P1aiNiff sustained the following damages: a. Repair to the Cavalier ...................$8,097.79 b. Towing Chazges ........................$ 75.00 c. Storage Charges .......................$ 390.00 d. Additional Charges from Roadside Rescue .. $ 45.00 Total Damages $8,597.79 8. Denied. It is denied that the foregoing motor vehicle accident and all damages, director consequential, as previously set forth and sustained by the Plaintiff are the duet[ and proximate result of the negligent, careless, wanton and reckless manner in which Defendant operated his motor vehicle as follows: a Denied It is denied that Defendant failed to maintain high degree of caze required of a motorist entering an intersection; and b. Denied. It is denied that Defendant failed to properly observe traffic signals controlling Defendant's direction of travel; and c. Denied. It is denied that Defendara failed to operate his motor vehicle in accordance with existing traffic conditions and traffic controls; and d. Denied. It is denied that Defendant failed to apply brakes in time to avoid the collision; and e. Denied. It is denied that Defendant failed to keep proper and adequate control of his vehicle; and Attempting to enter an intersection when such movement could not be safely accomplished; and f. Denied. It is denied that Defenda~ drive his vehicle upon the highway in a manner endangering persons and property and in negligent manner with careless disregard to the rights and safety of other, and g. Denied. It is denied that Defendant failed to drive his vehicle with due regard for highway and traffic conditions which were existing and of which he should have been aware. WHEREFORE, Defendant, Justin Jorgen 7ohnson, respectfully requests that the Court dismiss Plaintiff s Complaint. NEW MATTER Defendant, by and through his attorney, avers the following New Matter. 9. PLumiff failed to mitigate his damages. 10. Defendant avers that Plaintiff was contnbutory negligent and was the cause of the accident. 11. The accident as averred to by Plaintiff was caused solely by the negligence of the Plaintiff. WHEREFORE, Defendant respectfully requests that the Court dismiss the Plaintiff's Complaint. Respectfully Submitted, LAW OFFICE~F DARRELL C. DETHI:EFS Date: ~ ~Jr~ D I By: el . Py , Esquure LAW OFFICE OF DARRRt.t. C. DETHLEFS By: Michael 7. Pykosh, Esquire Attorney Identification No. 58851 3$05 Market Street Camp Hill, PA 17011 (717)975-9446 MICHAEL A. STER, Plaintiff v. JUSTIN jOIiGEN IOHNSEN Defendant Attorney for Defendant, Justin 7oerg Johnsen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4982 CIVII, TERM CUMPUI.$OItY ARBTII2ATI©1V VERIFICATIQN I hereby verify that the statements of fad made in the foregoing documents are true and correct to the best of my knowledge, information, and belief: I understand that an3' false statements therein aze subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: J ohnsen LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Atomey Identification No. 58851 3805 Market Street Camp Full, PA 17011 Attorney far Defendant, (717) 975-9446 Justin Joerg Johnsen MICHAEL A. STER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW v. NO. 01-4982 CIVII, TERM JUSTIN JORGEN JOJINSEN Defendant CUMPULSORY ARBITRATION CERTIFICATE OF SERVICE I, Michael J. Pykosh, Esquire, hereby certify that on this ~ day of October, 2001, a true and correct copy of the foregoing Answer and New Matter by First Class Mail, postage prepaid, was served upon the following. John M. Glace, Esquire Attorney at Law 132-134 Walnut Street Harrisburg, Pennsylvaaia 17101-1612 By:l~ ~~~ Michael J. Pykosh, Esquire r; e e - c. , -- '3 rr ?; --~ _ - ~ _ -; - ' :-~ ~_ = _ _ - ,~ ~... -; -' ., _ _ ;, :'~ _ aF+sc_. .. _ 'Y~ ~"' rr~.-nro~ ~.- ~ Tscros~lY'' .. ~t4t~i~P~~~~A' ~9P .. _.I~A6~s.