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HomeMy WebLinkAbout99-06278 CiLUCkeWS.NM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KUNG-JOO TARK, V. CHERYL LUCKE, Plaintiff Defendant No.: 98-6278 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT, CHERYL LUCKE'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT NOTICE To The Within Named Plaintiff, Kuna-Joo Tark. and counsel, Richard C. Gaffney. Esquire: You are hereby notified to plead to the enclosed, Defendant Cheryl Lucke's Answer and New Matter to Plaintiff, Kung-Joo Tark's Complaint within 20 days from service hereof or a default judgment may be entered against you. AND NOW, comes Defendant, Cheryl Lucke, by and through her attorneys, McKissock and Hoffman, P.C., and in response to the Complaint as filed by Plaintiff, Kung-Joo Tark, submits the following Answer and New Matter: 1. Denied. After reasonable investigation Defendant is of insufficient knowledge and information as to form a belief as to the veracity of the averments contained in Paragraph 1 of Plaintiff's Complaint. 2. Admitted in part, denied in part. It is admitted that at the time of the alleged accident, which is the subject matter of Plaintiff's Complaint, the Defendant resided at 408 Locust Street, Apartment One, Hanover, Pennsylvania, 17331. It is denied that this is the Defendant's current address. By way of further response the current address of the Defendant is 950 East Walnut Street, Hanover, York County, Pennsylvania, 17331. 3. The averments contained in Paragraph 3 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined a response is so required, the Defendant submits as her response to Paragraph 3 of Plaintiff's Complaint that the accident did occur at the intersection of State Road 2018 (Simpson Ferry Road) and Sixteenth Street in New Cumberland, Cumberland County. 4. The averments contained in Paragraph 4 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, Defendant specifically denies the statements contained in Paragraph 4 of Plaintiff's Complaint and strict proof thereof is demanded at the time of trial. By way of further specific response, to Paragraph 4(a), Defendant Lucke does not reside in Cumberland County, but instead resides in York County. 5. The averments contained in Paragraph 5 of Plaintiff's Complaint are admitted in part, denied in part. It is admitted that the incident alleged in Plaintiff's Complaint occurred at the intersection of State Road 2018 (Simpson Ferry Road) and Sixteenth Street in New Cumberland, Cumberland County, Pennsylvania. It is further admitted that certain material facts, witness and evidence may be located in Cumberland County. The remaining averments contained in Paragraph 5 of Plaintiff's Complaint is specifically denied. By way of further response, Defendant Lucke resides in York Court, not Cumberland County. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. The averments contained in Paragraph 10 of Plaintiff's Complaint represents conclusions of law with respect as to whether or not Plaintiff "lawfully approached the intersection" to which no response is required. To the extent that the remaining averments of Paragraph 10 of Plaintiff's Complaint do not constitute conclusions of law and are fact specific, the same are denied. 11. Admitted. 12. After reasonable investigation, Defendant is without sufficient knowledge and/or information to provide a definitive response to the averments contained in Paragraph 12 of Plaintiff's Complaint. By way of further response, Defendant submits that it is her understanding and belief that whenever a green left-turn arrow is illuminated in one direction, opposing traffic would be presented with a solid red light indicating the vehicles operating under the green directional arrow have the right of way. 13. After reasonable investigation, Defendant is without sufficient knowledge and/or information to provide a definitive response to the averments contained in Paragraph 13 of Plaintiff's Complaint. By way of further response, Defendant submits that it is her understanding and belief that whenever a green left-turn arrow is illuminated in one direction, opposing traffic would be presented with a solid red light indicating the vehicles operating under the green directional arrow have the right of way. 14. Denied. By way of further response, Defendant believes, and therefore avers, that as Plaintiff approached the intersection of State Road 2018 and 16th Street on August 1, 1998, Plaintiff would have been presented with a solid red light and as such, Plaintiff entered the intersection illegally. 15. Denied. By way of further response, Defendant believes, and therefore avers, that as Plaintiff approached the intersection of State Road 2018 and 16th Street on August 1, 1998, Plaintiff would have been presented with a solid red light and as such, Plaintiff entered the intersection illegally. 16. The averments contained in Paragraph 16 of Plaintiff's Complaint are admitted in part, and denied in part. It is admitted that there is a sign at the intersection of State Road 2018 and 16th Street in New Cumberland which provides left turn yields on green. Tne remaining averments in Paragraph 16 of Plaintiff's Complaint are denied and strict proof thereof is demanded at time of trial in this matter. 17. The averments contained in Paragraph 17 of Plaintiff's Complaint represent conclusions of law to which no response is M required. To the extent that said averments do not constitute conclusions of law and are fact specific, the averments contained in Paragraph 17 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 18. The averments contained in Paragraph 18 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 18 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 19. The averments contained in Paragraph 19 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 19 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 20. The averments contained in Paragraph 20 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 20 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 21. The averments contained in Paragraph 21 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 21 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 22. The averments contained in Paragraph 22 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 22 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 23. The averments contained in Paragraph 23 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 23 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 24. The averments contained in Paragraph 24 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 24 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 25.(a-k) The averments contained in Paragraph 25 (a-k) of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 25 (a-k) of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. 26. The averments contained in Paragraph 26 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in Paragraph 26 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial in this matter. WHEREFORE, Defendant, Cheryl Lucke, respectfully requests this Honorable Court to dismiss Plaintiff's Complaint with prejudice and that judgment be entered in favor of Defendant Cheryl Lucke, together with all costs and fees and other such relief as this Court may deem proper and just. NEW MATTER 27. Paragraph 1 through 26 of the within pleading are incorporated herein by reference as if more fully set forth. 28. Plaintiff's claims are barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S. 5 9102. 29. Plaintiff's claims are barred and/or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa.C.S.A. SS 1701, et. seq. 30. Plaintiff, Kung-Joo Tark was contributory negligent and/or assumed the risk of injury. 31. Any alleged injuries sustained by the Plaintiff were not proximately caused by the action or inaction of Defendant Cheryl Lucke. 32. The negligent act(s) and/or omission(s) of other individuals or entities constituted an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 33. Plaintiff's alleged injuries were caused by the act(s) and/or omission(s) of a person or person(s) other than that of the Defendant Cheryl Lucke. 34. Plaintiff may have already entered into a release with other individuals or entities which has the effect of discharging any liability on behalf of Defendant, Cheryl Lucke. 35. Plaintiff's alleged injuries and damages were caused by acts, omissions, or factors beyond Defendant's control or legal right to control. 36. Plaintiff, Kung-Joo Tark, was contributorily negligent in the following manner: a.) In failing to maintain proper control over his vehicle on August 1, 1998 as he approached the intersection of State Road 2018 and Sixteenth Street, New Cumberland, Cumberland County, Pennsylvania; b.) Failing to drive his vehicle in accordance with the assured clear distance ahead doctrine pursuant to 75 Pa.C.S.A. 5 3310; c.) Failing of observe Defendant's vehicle on the highway; d.) Failing to observe and yield the lawful right-of-way to Defendant's vehicle on the highway; e.) Failing to keep a reasonable lookout for other vehicles lawfully on the roadway, including, but not limited to Defendant Cheryl Lucke's vehicle; f.) Traveling at an excessive rate of speed; and g.) Failing to apply his brakes in sufficient time as to avoid striking Defendant, Cheryl Lucke's, vehicle. 37. Plaintiff, Kung-Joo Tark's negligence as set forth more fully above, caused Plaintiff's purported injuries and/or damages, which injuries and damages are specifically denied. WHEREFORE, Defendant, Cheryl Lucke, respectfully requests this Honorable Court to dismiss Plaintiff fIs Complaint with prejudice and that judgment be entered in favor of Cheryl Lucke together with all costa and fees and other such relief as this Court may deem proper and just. Respectfully submitted, McKissock & Hoffman, P.C. BY Edwin A. Schwa $ Attorney I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date : I, Cheryl Lucke, hereby verify that my Answer and New Matter to Plaintiff's Complaint filed in the Cumberland County Court of Common Pleas, is true and correct to the beat of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Cheryl, cke Dated: , 1999 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Richard Gaffney, Esquire P.O. Box 627 Boiling Springs, PA 17007-0627 Counsel for Plaintiff McKissock & Hoffman, P.C. BY: Edwin A. Sc wa , Esquire 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Supreme Court I.D. No. 75902 Counsel for Defendant, Cheryl Lucke DATED : 6; L? h 5 Y 1 $' 1l ? ? C. ? y gF Ike F OCT 2 0 19'1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KYUNG-JOO TARK, ) Plaintiff ) No. 98-6713 No. 98-6278 V. ) CHERYLE LUCKE, ) Defendant ) CIVIL ACTIONS - LAW ORDER AND NOW, this v?1 °* day of . OvT& to 1999, upon consideration of the Plaintiff's Motion for Consolidation of Action and after a review of the record, it is hereby ORDERED that the actions in docket no. 98-6278 and docket no. 98.6713 are hereby and shall be consolidated into one action in docket no. 98-6278. BY THE COURT is?tnn« Ci . ?4taa/ J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KYUNC-JOO TARK, ) Plaintiff ) No. 98-6713 No. 98-6278 V. ) CHERYLE LUCKE, ) Defendant ) CIVIL ACTIONS - LAW MOTION FOR CONSOLIDATION OF ACTIONS AND NOW, comes the Plaintiff, Kyung-Joo Tark, by and through counsel of record, Richard C. Gaffney, Esquire, who moves this Honorable Court pursuant to Pa. R. Civ. P. Rule 213(a) and Rule 1020(d)(1) to consolidate the actions in the above captioned dockets, because the two docket numbers assigned by the Prothonotary refer to the exact same parties, the exact same transaction or occurrence, and the exact same questions of law and fact. In support thereof, counsel for the Plaintiff respectfully represent that the facts of record show that: 1. On August 17, 1998, a Civil Complaint was filed by the Plaintiff in Magisterial District No. 09-1-01 in Docket No. CV-0000359-98. 2. On October 7, 1998, a hearing was held before District Justice Charles Clement, Jr. 3. On October 7, 1998, judgment was entered for the Defendant and against the - Plaintiff. 4. On November 5, 1998, the Plaintiff filed a Notice of Appeal from the District Justice Judgment with the Cumberland County Prothonotary. 5. The Prothonotary assigned the Case Docket No. 98-6278 Civil Tenn. 6. On November 25, 1998, pursuant to Pa.R.C.P.D.J. No. 1004(A), the Plaintiff filed a Complaint. 7. The Prothonotary assigned a separate docket number to the Complaint, Docket No. 98-6713 Civil Term. 8. On December 4, 1998, the Defendant filed Preliminary Objections in the case, filing them under Docket No. 98-6278. 9. On December 23, 1998, the Plaintiff filed a Response to Defendant's Preliminary Objections in the case, filing them under Docket No. 98-6713. 10. On January 13, 1999, the Defendant file a Praecipe to withdraw Defendant's Preliminary Objections, filing it under Docket No. 98-6278. 11. On January 20, 1999, the defendant filed an Answer with New Matter, filing it under Docket No. 98-6278. 12. On February 8, 1999, the Plaintiff filed a Reply to Defendant's New Matter, filing it in Docket No. 98-6713. 13. On September 27, 1999, the Defendant filed a Petition for Appointment of Arbitrators, filing it in Docket No. 98-6713. In further support of this Motion for Consolidation of Actions, counsel for the Plaintiff respectfully states that: 14. Attorney Joseph Buckley, Esquire was appointed as Chairman of the Board of Arbitrators. 15. On October 13, 1999, Attorney Buckley held a telephone conference with counsel for the Plaintiff and counsel for the Defendant. Attorney Buckley noted that the case file in Docket No. 98-6278 was missing a copy of the Complaint. 16. On October 14, 1999, the Cumberland County Prothonotary located both docket files and identified to counsel for the Plaintiff and to Attorney Buckley the existence of these two files concerning the same matter. 17. The parties in Docket No. 98-6713 and Docket No. 98-6278 are identical. 18. The questions of law and questions of fact in Docket No. 98-6713 and Docket No. 98-6278 are identical. 19. The transaction or occurrence which gave rise to this action are identical. 20. Pennsylvania Rule of Civil Procedure Rule No. 213(a) provides that: "In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the coutt on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay." 21. Pennsylvania Rule of Civil Procedure Rule No. 1020(d)(1) provides that: "If a transaction or occurrence gives rise to more than one cause of action against the same person, including causes of action in the alternative, they shall be joined in separate counts in the action against any such person." 22. Pursuant to Local Rule C.C.R.P. No. 206-2(a), counsel for the Plaintiff states that, to date, no judge has ruled on any issue in this, or any related, matter. 23. Pursuant to Local Rule C.C.R.P. No. 206-2(c), counsel for the Plaintiff sought concurrence of opposing counsel, and opposing counsel does not oppose this motion. WHEREFORE, the Plaintiff moves this Honorable Court to consolidate the actions in Docket No. 98-6278 and Docket No. 98-6713 pursuant to Pa.R.Civ.P.Rule No. 213 or, in the alternative, pursuant to Pa.R.Civ.P. Rule No. 1020(d)(1). Respectfully submitted, Dated: ro. te.,-k C. Gaffney, Esquire PA. I.D. No. 63313 P. 0. Box 627 101 Front Street Boiling Springs, PA 17007 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KYUNGJOO TARK, ) Plaintiff ) V. ) CHERYLE LUCKE, ) Defendant ) No. 98-6713 No. 98-6278 CIVIL ACTIONS - LAW I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, First Class postage prepaid, addressed as follows: Edwin A. Schwartz, Esquire McKissock & Hoffman, P.C. 105 North Front Street Suite 205 Harrisburg, PA 17101 Counsel for Defendant James Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Chairman, Board of Arbitrators By: affney, Esquire PA. I.D. No. 63313 P. 0. Box 627 101 Front Street Boiling Springs, PA 17007-0627 Attorney for Plaintiff r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KYUNG-J0O TARK, Plaintiff V. CHERYLE LUCKE, Defendant No. 98-6713 No. 98-6278 CIVIL ACTIONS - LAW I, Richard C. Gaffney, Esquire, do hereby verify that the statements made in the foregoing Motion for Consolidation of Action are true and correct to the best of my knowledge, information and belief. I make these statements subject to the penalties of 18 PA. C.S.§4904 relating to unswom falsification to authorities. Dated: to - is .,%g Richard . LyEs Esquire Kyung-Joo Tark, Plaintiff V. Cheryle Lucke, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAN15 COUNTY, PENNSYLVANIA NO. 98- 07/3 CIVIL TERM JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against r the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 p?at?o?, laz y Kyung-Joo Tark, Plaintiff V. Cheryle Lucke, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD To: Cheryl Lucke You are hereby notified to file a written response to the enclosed complaint within twenty (20) days from service hereof or judgement may be entered against you. Ri and C. GaffneyMe/ Attorney for Plaintiff it Kyung-Joo Tark, Plaintiff V. Cheryle Lucke, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- CIVIL TERM . JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Kyung-Joo Tark, by and through his attorney, Richard C. Gaffney, Esquire, who makes this Complaint, the following of which is a statement: 1. Plaintiff, Kyung-Joo Tark, is an adult individual who at all times relevant to this complaint resided at 1390 Simpson Ferry Road, New Cumberland, PA 17070. 2. Defendant, Cheryle Lucke, is an adult individual who at all times relevant to this complaint resided at 408 Locust Street, Apartment 1, Hanover, PA 17331. 3. Pursuant to 42 Pa. C.S.A. §931, this Court has proper subject matter jurisdiction. 4. This Court has proper personal jurisdiction over the parties to this action for at least the following reasons: a. Defendant Lucke resides in Cumberland County; b. The Plaintiff submits to the jurisdiction of this Honorable Court. 5. Venue is properly laid in Cumberland County for at least the following reasons: a. The incidents alleged in this Complaint occurred in Cumberland County; b. Material facts, witnesses, and evidence are located in Cumberland County; C. Defendant Lucke resides in Cumberland County. 6. The facts and occurrences hereinafter stated took place on August 1, 1998 at approximately 5:13 p.m. at the intersection of State Route 2018 (Simpson Ferry Road) and 16`" Street in New Cumberland, Cumberland County, Commonwealth of Pennsylvania. 7. At all times relevant hereto, the Defendant was the owner and operator of a 1989 Plymouth Voyager bearing Pennsylvania registration 841959898305. 8. At the aforesaid date and time, the Plaintiff was operating a 1989 Lincoln Continental and was travelling in a westerly direction on State Route 2018 (Simpson Ferry Road) in New Cumberland, Cumberland County, Commonwealth of Pennsylvania. 9. At the aforesaid date and time, the Defendant was operating the aforesaid Plymouth Voyager and was traveling in an easterly direction on State Route 2018 (Simpson Ferry Road) in New Cumberland, Cumberland County, Commonwealth of Pennsylvania. 10. At the aforesaid date and time, Plaintiff lawfully approached the intersection of State Route 2018 and 16'h Street and observed a solid green light permitting his lawful travel through the intersection. 11. The traffic signal at the intersection of State Road 2018 and 16th Street permits traffic travelling in an easterly direction to lawfully make a left turn onto 16`h Street when either a green arrow pointing left is illuminated or, when a solid green light is illuminated, after yielding to oncomming traffic. 12. The traffic signal at the intersection of State Road 2018 and 16`h Street is set such that whenever a green left-turn arrow is illuminated to permit left turns by easterly traffic, a solid red light is illuminated to stop westbound traffic. 13. The traffic signal at the intersection of State Road 2018 and 16`h Street is set such that whenever there is a solid green light illuminated permitting travel westbound, the green left-turn arrow for eastbound traffic is not illuminated. 14. When Plaintiff approached the intersection of State Road 2018 and 161h Street on August 1, 1998, he observed that the solid green light permitting westbound traffic was illuminated. k 15. When Defendant approached the intersection of State Road 2018 and 161h Street on August 1, 1998, the green left-turn arrow was not illuminated. 16. There is a clearly visible, lawful sign at the intersection facing westward to warn eastbound traffic to yield to oncomming traffic. The sign reads: "Left turn yields on green." 17. As Plaintiff proceeded lawfully through the intersection of State Route 2018 and 16111, the Defendant, suddenly and without warning, made a 1350 left-hand turn directly in front of Plaintiff's vehicle. 18. The Defendant failed to yield to oncomming traffic. 19. The Defendant ignored the lawful sign to yield to oncomming traffic. 20. The Defendant's sudden left turn in front of the Plaintiff's vehicle was hazardous, careless and reckless. 21. The Defendant's failure to yield to oncomming traffic was unlawful. 22. The Defendant did not properly signal her left turn. 23. The Defendant's hazardous, careless, unlawful and reckless operation of her vehicle caused a collision between the Plaintiff's and Defendant's vehicles. 24. As a direct and proximate result of the aforesaid negligence, carelessness, and recklessness of the Defendant, Plaintiff sustained damage to his vehicle in the amount of $5,000.00 (Five Thousand Dollars) and suffered injuries to what extent have yet to be determined. 25. The Defendant's negligence, carelessness, and recklessness consisted of at least the following: a) failing to have her motor vehicle under proper and adequate control; b) failing to yield to oncoming traffic; c) failing to observe the plaintiff's vehicle/person on the highway; d) failing to operate her motor vehicle in accordance with existing traffic conditions and traffic controls; e) failing to keep a reasonable lookout for other vehicles lawfully on the road; f) failing to take due note of the point and position of the Plaintiff's vehicle; g) failing to take the last clear chance and avoid the collision; h) failing to properly signal her intention to execute a 1350 left hand turn; i) operating her vehicle without regard to the rights, safety, and position of the Plaintiff; J) otherwise operating her motor vehicle in a negligent, careless, and reckless manner and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania and any applicable ordinances; k) failing to use that degree of care, skill, caution, and foresight required under the circumstances here in question (which further investigation and discovery may disclose and as will be shown at the trial of this case). 26. The damages to the Plaintiff's vehicle were caused solely and exclusively by the negligence and/or carelessness and/or recklessness of the Defendant, and were in no way caused by the Plaintiff. Kyiung-Joo Tark, Plaintiff V. Cheryle Lucke, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- CIVIL TERM JURY TRIAL DEMANDED VERIFICATION I, Kyung-Joo Tark, do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, and I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §4904 (relating to unsworn falsifications). Kyung-Joo Tark DATE:T V Kyung-Joo Tark, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98- CIVIL TERM Cheryle Lucke, Defendant JURY TRIAL DEMANDED Certificate of Service Is Richard C. Gaffney, hereby certify that on this 2511 day of November, 1998, 1 served a true and correct copy of the Complaint via Certified and First Class United States mail, Postage prepaid, as follows: Cherlye Lucke C/O Edwin A. Schwartz, Esquire 105 North Front Street Suite 205 Harrisburg, PA 17101 Dated: ((-15-99 By: ) w'? /W1Q?,1. Richard C. Gaffney, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 249-2525 PA Attorney ID NO 63313 WHEREFORE, Plaintiff demands judgment in his favor in an amount in excess of $5,000 (Five Thousand Dollars) plus interest and costs of the suit. Respectfully submitted, I G- ,ki00QJ?( Richard C. Gaff y Supreme Court I.D. No. 63313 28 South Pitt Street Carlisle, PA 17013 (717) 249-2525 Attorney for Plaintiff V IL. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST DE FILED WITHIN TEN( IO) DAYS AFTER filing tho notico of appeal. Chock appllcabla baAes) COMMONWEALTH OF PENNSVLVANIA COUNTY OF ?-?^+.[J? . ss AFFIDAVIT: I hereby swear or affirm that I served L$ n copy of the Notice of Appeal, Comrnon Picas No. qtr- ba-,% upon the DIA4Jct Justice designated therein on (dato of servico) I I e,09TV , ? by personal service [ffliiy (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (namo) I , on 11 749- , 19"7 ? by personal service l;-Cy(carllhed) (registered) mail, sander's receipt attached hereto. ? and turthorthati served the Rulolo File a Complaintaccomoanying theabove NoticoolAppeal upon the appelloo(s) to whom the Rule was addressed on _ , 19_., ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBS RIBED BEFORE MEN/ THIS 2, DAY OF/I , 19_M Sipnalurq J? w/A/xn yilJnvt was mnnn TWO of 0147a1 61y cOmnl ewon oMlms of) NOTARIAL SEAL EPATRICIA, A. SHAM, Notary Public ble Ooro, Cumberland County ission Expires December 1T, 2001 -// ( a7 SIgnaturo at affront n cc". "T7 (11 rs t,`( co a 4) r N T1 r ,? t COMMONWIALTN Of PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM / / ^ 5,- 1-f P DISTRICT JUSTICE JUDGMENT J' COMMON PLEAS Na 9 ,C- /. .) i c , ?' • I rC NOTICE OF APPEAL Notice is given the the oppellont has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the data and In the case mentioned belcm LAM,, iC'ilJti(?_J(U -1.-01 APRON r IA 1390 tiT:11). f; ; pi(nRy 17071) MR Of AVQ?fl "Im car + r 10/07/921 CLAJAA NO A N '), 1 - ? (,'V - IX.(C A. LT 19 Pa. R.CPJP. No, 10088. This Notice of Appeal when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) In action before District Justice, he 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 bTn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. Na 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEt To Prothonotary Enter rub upon (Common Pleas Na. , appellee(s), to file a complaint in this apped ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sgrw" or Aroesee a to am ey a ROW RUM To , oppellee(sF Nr of erperl*1) (1) You are notified that a rub is hereby entered upon you to file a complaint in this upped within twenty (20) days after the data of service of this rule upon you by personal service or by certified or registered mail. (2) 0 you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (7) The date of service of this rule if service was by mailh the data of mailing Daft.-, 19_ spree d Rouvmry a Dap Ns of msm"s) AOK312-M COURT FILE KYung-Joo Tark, Plaintiff V. Cherlle Lucke, Defendants : IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA s s NO. 98-?Wl g CIVIL TERM s : JURY TRIAL DEMANDED Certificate of Service It Richard C. Gaffney, hereby certify that on this 5`" day of November, 1998, I served a Notice of Appeal via Certified and First Class United States mail, Postage prepaid, as follows: Cherlye Lucke 408 Locust Street Apt. 1 Hanover, PA 17070 Hon. Charles A. Clement, Jr. District Justice 1106 Carlisle Road Camp Hill, PA 17011 Dated: Ouo.R,tgge By: Richard C. Gaffney, Esq. 28 South Pitt Street Carlisle, PA 17013 (717) 249-2525 PA Attorney ID NO 63313 i UNITED STATES POSTAL. SERVICE First-Class Mall Postage A Fees Paid LISPS Permit No. D•10 • Print your name, address, and ZIP Code in this box • The Iaw Offices of Richard C. Gaffney 28 South Pitt Street Carlisle, PA 17013 RNME 1 L1111111111L 1 11161111111 11111116d11Ld1111111 r G 6 O ro E LL -_G (' / lr--A P 1"34 d43 b4e Certified Mail Receipt No Insurance Coverage Provided Do not use for Inlernallonal Mall ITTn"I ISee Reverse) Sam b Cherlye Lucke ,WaLocust Street, Apt. 1 n Hanover, `PA 17331 Cent t ere Sn.cal PNwely lee nose Kla•J De6wM1 In 1. Wilnr1.I 4" In N'r.lm a0'.a'r D.blrM / r (. 0W.In PrvnF1 $rvmmg In Wrnm. Dale. A md"" M Dm'w' 10/AI ltnl np a roes I S ?Lr / , It)51mA•. 111 D1'n 11/9/98 P 734 21J 54A Certified Mail Receipt No Insurance Coverage Provided Do not use for Inlernalional Mail :e•a 1 (See Reverse) CTmrles A. Clement, Jr. Sn.m a N. 1106 Carlisle Road I'eCWiil lfll, PA 17011 mnale S Ce!11^.?, Fes Se W Delw,, Fee Irnrli KleU Dw,M,, Fe. Nauru AM,[ So. Q 16 WIgT a Dale DµKIM / r/ ne4an n«ey1 Sleenny to Wnnm Gala. 6 AaLaa d Dln.ery rrnat rolu(,a afAL $ roemal. al nale 11/9/98 m i 7 O O Co M f 4 N n COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM / / - 6?_ ff `, DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nag p_ 1, :L 9 P C ? : Ti ?^' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below TARK, 10/07/98 J00 TARK 09-1-01 CHERLE LUCKE CV - 000Nj$-98 LT 19 This black will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No, If appellant was CLAIMANT (see Pa. R.C.P.JP. No. 1008a This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. rgtrsfue Y or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Mils section of form to be used ONLY when appeliaM was DEFENDANT (sea Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEt To Prothonotary Enter rule upon . appe"s), to file a complaint in this appeal lJa?re Of arpderYel (Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non prof sysen.e Of reoeJre n ra BMW" or 00" RULEt To , oppdbe(4 None d ertr~s) (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 daft of service of this rule upon you by personal service or by certified or registered mail (2) 0 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 rub if service was by nail is the date of mailirsg Date: . 19-. s muv d Hoavmy err Drputy POPC 314•e4 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; is AFFIDAVIT: I heroby swear or affirm that t served Q a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , Q by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (nano) , on , 19_ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? andIlather that Iserved IheRule toFile aCoin plalntaccornpanyingtheabove Notice ofAppeal upon theappolleo(s)towhom the Rule was addressed on 19_ Q by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFCRE RlE THIS DAY OF 19- Signature of afhent S,ynafine of ollrual Oelcre whc`m x111J4rl wa, n,xnu Tirla or off$Ixl My commus+on vgwes w T H ro y O G 19 C 07 _ ` "T1 r. Trill, T O a I if CJ Y•c: :° <n 7 s0 v ? C N A4 M\ 4 W 'C ? r.. J COM% MONVSEALTI-66PPENNSYLVANIA JUN 1 Y UI': W o. Dal. NO : 09-1-01 DJ NUM Non CHARLES A. CLEMENT, JR. Aftn$ 110th CARLISLE ROAD CAMP HILL, PA TArphmo. (717) 761-4940 17011 RYUNG-JOO TARE 1390 SIMPSON PERRY ROAD NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIOT PLAINTIFF: CIVIL CASE NAME And ADDRESS rTARK, RYUNO-JOO 1 1390 SIMPSON PERRY ROAD NEW CUMBERLAND, PA 17070 L J VS. DEFENDANT: NAME And ADDRESS rLUCRE, CESRYLE 408 LOCUST STREET APT.# 1 _ HANOVER, PA 17331 _ L J DockelNo.: CV-0000359-98 Date Filed: 8/17/98 (Name) LUCKR, r URRVT.R ® Judgment was entered against: (Name) TARE, ttyrmr Too in the amount of $ nn on: U Defendants are jointly and severally liable. E]Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to AltachmenVAcl 5 of 1996 $ ? Levy Is stayed for days or O generally stayed. ? Objection to levy has been filed and hearing will be held: Date: Place: Time: 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 PLEAr,, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT ?7A SCRIPT FORM TH YOUR NOTICE OF APPEAL. 10-7-98 Date I District Justice I certify that this Is a true and correct copy of the record of the proceedings co aining the judgment. Data My commission expires first Monday of January, (Date of Judgment) T n/n719R (Date 8 Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total , District Justice 2002 SEAL AOPC 315.96 . 6 Lucke\Pre.ob] ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENN8YLVn? R KUNG-JOO TARK, Plaintiff V. CHERYL LUCKE, Defendant No.: 98-6278 CIVIL ACTION - LAW JURY TRIAL DEMANDED :g out TICE S You are hereby notified to plead to the enclosed, Defendant Cheryl Lucke's Preliminary objections to Plaintiff, Kung-Joo Tark'a Complaint within 20 days from service hereof or a default judgment may be entered against you. Defendant, Cheryl Lucke, by and through her attorneys, McKissock and Hoffman, P.C., files these Preliminary Objections to Plaintiff's Complaint and in support thereof avers as follows: 1. Plaintiff, Kung-Joo Tark, (hereinafter referred to as "Plaintiff") initiated this action by filing a Complaint before District Justice Charles A. Clement, Jr., Magisterial District 09- 1-01, on August 17, 1998, naming Cheryl Lucke, (hereinafter referred to as "Defendant") as the Defendant. 2. On October 7, 1998, District Justice Charles A. Clement, Jr., entered Judgment in favor of the Defendant and against the Plaintiff. COUNT I 3. Paragraphs 1 and 2 of Defendant's Preliminary Objections to Plaintiff's Complaint are incorporated herein by reference. 4. Rule 1005 (a) of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before District Justices provides, inter alia, "the appellant shall by personal service or by certified or registered mail serve a copy of his Notice of Appeal upon the appellee and upon the District Justice in the office in which the Judgment was rendered.... The address uirice or one uistrict oustice or as otnerwise appear in the records of that office". Pa.R.C.P.D.J. No. 1005 (a). (Emphasis Added). 5. The address indicated on the District Justice Complaint filed by the Plaintiff in this matter indicates the Defendant's address of 408 Locust Street, Apartment One, Hanover, Pennsylvania, 17331. This address is also reflected in the Notice to Defendant as issued by the District Justice in this matter. True and correct copies of the Plaintiff's District Justice Complaint together with the Notice to Defendant as issued by the District Justice in this matter are attached hereto, and made a part hereof collectively, as Exhibit "A." 6. On or about November 5, 1998, Plaintiff's counsel purportedly forwarded a Notice of Appeal from District Justice Judgment to the Defendant at the following address, 408 Locust Street, Apartment One, Hanover, Pennsylvania, 17070. A true and correct copy of Plaintiff's counsel's November 5, 1998 cover letter indicating the purported service of the Notice of Appeal from District Justice Judgment is attached hereto and made apart hereof as Exhibit "B." 7. Plaintiff's Counsel failed to properly address the Notice of Appeal in his purported attempt to serve the same upon Defendant. 8. The Notice of Appeal was never received by the Defendant. 9. Plaintiff's counsel has not effectuated proper service of the Notice of Appeal as required by Pa.R.C.P.D.J. No. 1005(a), inasmuch as any Notice of Appeal that is purported to have been forwarded to Defendant was improperly addressed. 10. Accordingly, Plaintiff has not effectuated proper service of the Notice of Appeal in accordance with the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before District Justices and, as such, the Notice of Appeal is invalid. WHEREFORE, Defendant, Cheryl Lucke, respectfully requests this Honorable Court enter an Order dismissing Plaintiff's Complaint for Plaintiff's to comply with the Pennsylvania Rules of Civil Procedure and further grant Defendant, Cheryl Lucke, all further relief as is just and proper. COUNT II 11. Paragraphs 1 through 10 of Defendant's Preliminary Objections to Plaintiff's Complaint are incorporated herein by reference. 12. The Pennsylvania Rules of Civil Procedure require that material facts upon which a cause of action is based must be stated in a "concise and summary form." 42 Pa.R.C.P. 1019(a). 13. The Pennsylvania Rules of Civil Procedure permit Preliminary objections to be filed where a pleading does not conform to law or rule of court. 42 Pa.R.C.P.1028(a)(2). 14. The Pennsylvania Rules of Civil Procedure permit Preliminary objections to be filed were there is insufficient specificity in a pleading. 42 Pa.R.C.P. 1028(a)(3). 15. Pennsylvania Law requires that a Plaintiff plead sufficient facts as to afford a Defendant notice of Plaintiff's claims, and to adequately inform Defendant as to the relevant issues in order to prepare a defense. 16. "Catch-all" and/or "boiler-plate" allegations of negligence should be stricken when Preliminary objections are filed objecting to such allegations. Connor v. Allegheny Valley Hospital, 501 Pa. 306, 461 A.2d 600 (1983). 17. Paragraph 25 (a-k) of Plaintiff's Complaint provides as follows: :„ 25. The Defendant's negligence, carelessness, and Sy recklessness consisted of at least the followings a.) Failing to have her motor vehicle under proper r and adequate control; b.) Failing to yield to oncoming traffic; c.) Failing to observe the Plaintiff's vehicle/person on the highway; d.) Failing to operate her motor vehicle in accordance with existing traffic conditions and traffic control; e.) Failing to keep a reasonable look out for other vehicles lawfully on the road; f.) Failing to take due note of point and position of Plaintiff's vehicle; g.) Failing to take the last clear chance and avoid the collision; h.) Failing to properly signal her intention to execute 1300 left hand turn; i.) operating her vehicle without regard to the rights, safety, and position of the Plaintiff; j.) Otherwise operating her motor vehicle in a negligent, careless manor in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania and any applicable ordinances; and k.) Failing to use that degree of care, skill, caution, and foresight required under the circumstances where in question (which further investigation and discovery may disclose and as will be shown at the trial of this case). 18. Paragraph 25 of Plaintiff's Compliant, together with the "boiler-plate" allegations of negligence contained therein, fails to provide the requisite specificity as required by the Pennsylvania Rules of Civil Procedure and Connor, supra., and accordingly, Plaintiff's Complaint should be stricken; or in the alternative, Plaintiff should be ordered to re-plead the aforementioned paragraph, together with sub-paragraphs, with the requisite specificity as required by the Pennsylvania Rules of Civil Procedure. 19. In addition to Plaintiff's lack of specificity regarding the allegations of negligence, Plaintiff's Complaint also lacks sufficient specificity in its allegations of potential injuries of the Plaintiff. Paragraph 24 of Plaintiff's Complaint alleges that Plaintiff "suffered injuries to what extent have yet to be determined." 20. Paragraph 24 of Plaintiff's Complaint fails to provide the requisite specificity as required by the Pennsylvania Rules of Civil Procedure and Connor, supra., with respect to any injuries alleged to have been sustained by the Plaintiff. 21. Without sufficient specificity in Paragraphs 24 and 25 of Plaintiff's Complaint, Defendant is substantially prejudiced and is unable to prepare an intelligent and knowledgeable defense to any and all of the allegations set forth in Plaintiff's Complaint. WHEREFORE, Defendant, Cheryl Lucke, respectfully requests this Honorable Court dismiss Plaintiff's Complaint for insufficient specificity in pleadings or in the alternative, respectfully requests this Honorable Court to enter an Order requiring Plaintiff file an Amended Complaint with the requisite specificity, as required under the Pennsylvania Rules of Civil Procedure. Respectfully submitted, McKissock & Hoffman, P.C. Edwin A. Schwart -- Attorney I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date nA" GIARLUO A. CLB48M, 1106 GRLYOLX ROAD CAMP RILL, PA Tows"! (717) 761.4940 17011 usei M,u:ii:'.rs Rw Nw t5, ¦e,n..I, r? tTOTe L 99A dr b / DEFENOWT: Va. t.tiAV Mte rCKEa;Y1-a Luc& 4108 1 owl?-.S`t atftl rlahoVeA- & 1733 L Tel: No.: CV-359-98 R 8-17-98 AUX AMOUNT GATE PAID FTLINGCOSTe 47.50 / / -- SERVING COSTS 1 _ S. SO r / TOTAL 1 r / DEFENDANT: The above named plainllff(s) ask$ Judi costa upon the following cialm (Civil fit y " " violated): 5)Mpaoe Farr Rr? 51 t? Jed G' fr ; ? 14 / 91-D '""JJJ n', Oka" dte"ftw ""'_`???ll+l jAJfNYjIry?Q,. C>, aiS nl again it you for $ - togelhor wllh trust Inc We citation of fl re statute or ordinance 7;77 so?? AA?,1? 0 r a?? ?CA1 (,5•? p.Nn 441-t do Igo I, I?ydNfr -JrI 7ARk' verily :hat the facts not forth In:hls complaint are true and collect to the best of y knowledge, Information, and belief. This elalemen III made sub)ocl.Fo flu penalties of _ Section 4804 of the Crimes Code (18 PA. S.C.A. 4 4004) related to unswo it lelslllcalfun to authorities. -2i; I k)«'t -Ze g?.-ars? u t. ,.no ?wneIf# AnOMty: AdVota, Usphone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOV TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PFIESENT YOUR DEFENSE. UNLESS YOU Df JUDGMENT WILL BE ENTERED AGAINST YCU BY DEFAULT. If you have a olatm against the plaintiff which Is within d'elrlcl usllco drlediclfon and which you Inland to assert at the hearing, you must file it on a acmplainl form at this of ice at feast fire (e) days before the data set for the hearing, It you have a claim agalret the pfeintllf which Is net within dlstrtol justice JurladictIon, you may request Informallon from this office as to the prcceduru you may follow. If you are disabled end require assistance, please contact the Maglatel fill District office ¦t the address above. a<w k EXHIBIT toot s91 tit xi:1 Mit ve/tvii o9•s-os CSAkLEB A. =D=T" JR. ..e.,, 1106 CARLISLE ROAD CA" MLL, PA rwo" 1717) 761-4940 17011 CHIRTLE LUCKS 408 LOCUST 8TR33T APT.# 1 HANOVER, PA 17331 2390 8aIIP801111' FERRY ROAD MM CMMXRLAM, PA 17070 L Vs. DEFENDA47: ,.wV104 ,DDA IS I lucca, CMMYLR 408 LOCUST 6TRB8T APT.# 1 HANOVISR, PA 17331 L Docketfic.: CV•0000359.98 Date FIMrd: 8/17/98 A civil complaint has been Neo against you In the above csplioned cite. A hearing has been set in this matter for: ae: 9/17/98 au: DISTRICT CURT 09-1-01 rms: 200 Paf lP cARL, VA 17011 L.. NOTICE TO DEFENDANT If you Intend to enter a defense to this complaint, you should so r otify this offies Immediately at the above phone number. You must appear at the hearing and present your defense, UNLIHS YOU DO, JUDGMENT WILL BE ENTEREC AOAlINST YOU BY DEFAULT. It you havo a claim against tho plaintiff which Is with n district juslice jutsdlcGan and which you Intend to assert -- at the hoarng, you must file It on a compla!nt form at this office at least five (5) days before the date set for the hear'ng. If you have a claim against the pialnliff wNch is not within dist iet justice Jurisdiction, you may request Inlcrmatlon from th!s office as to the proceduroa you may follow. NOTICE TO PLAINTIFF ,If the defendant enters a Notice of Intent to Defend, you will be notiflod of tha date and time of the scheduled hearing and must appear. YORK SEP 0 2 1998 it you are disabled and rr,In asetetance, plisse contact the MsidMerlol District otlloe at the address above. .ATE PRINTED1 8/17/98 AOPO 3080.94 900121 101M 31VIS LOOS t9L LiL IM SPIT 98/Li/H ^11/17/93 1_2:01 FA1 717 704 5007 _,__._._STATE FARM (r002 FLt15 ?-^ 662 F02 IC; 16 I S2 0112 ' Till LAW OFFIC114 OP i RICHARD C. GAFFNEY November 5, 1998 Cheriye Lucke 408 Locust Street Apt. 1 Haouver, PA 17070 Re: K°una-,)oo Mirk v. Cj j f: Lucke, CV-0000339-98 Dear Ms, Lucke: Enclosed please find for service on you a Notice of Appeal t}om a District Justice Judgment as filed with the Cun.b-srlalld County Court on November 5, 1998. Should you have any qt ertions or comments, please contact me at (717) 249-2525, Very truly yours, , TI LAA.l.U£&414 Rich rd C. Gaffnoy __II 28 tinunl "iTT Fr M ccr • t: ?.•LI&-.r I PINN tY:V A a IA 17013 rnuN r. 717.:49.2:25 • FAY 717.249.0134 • E•M 1I6 KCQLnre.l QL.cam 11/17,08 11:68 FAX 717 704 5007 .AAROL P_U ^'??r7?1 0 QV (?'ri AS! . i .. JYatCIAIrDIfIrrlCf l.i It • s 1•.%I'F. FARO 1 ;'..• Irl • DISTRICT'JU! Lino w >?2 ?W NO-) 15 '99 13212 ft •;; //-mow gr •. alum rwerarmam .. 9 P, 4.2'7 P C /u; / Se ra NOTICE OF APPEAL Nona ii enm deaf Ow oppebnf lo/ filed in the alern Courl of. Gw"w. Pilot an oppw from fhe jvcl inert riixJ fy *w Clrfrkf J+Stke on the dolt ar? in ffro caw mentlened beleA. .. . 10107/93 Knrrd Jm TAM c lra u>c1:E tea--- .. - ctza 00"" 7- IT 19 WOOL rnh Notict of Appeal. whin noei ed by the i'n•ricr Jwtke, w1l operate of u SUfERSEDEAS to the WSnwnt for poweSSierr in Il h cola T"- &-wM rTr rc ai y i It JppOIA%WSS QLAWNT (50 Pe. R.GP,4P. NO. 1001(6) M acooA ba/ore Gatrkt J1swe, ha MJSi` FILE A cOMPLAINT ivlflU v ,teeny (20) days after (Ring h(s N017CE at ItMOW. IL. PRAECIPE TO ET ill RULE, TO FILE COMPLAINT AND RULE TO FILM (ilea sedko of ken to be user) UNO''.4 1y7 Ara frr>t was DEMMANT (sea Pr. RCPJA 1J4 1001(71 h adlon before Dhlo.tf .,lrtfke. IF NOT USED, detsCh from "ve of natha of ryp ar to be ter ad W'w epx7ee). PRAMP& To 14dhai+omry 19der rote upon .. , oppeafa(r). to fie o compbSn A this cppeid Vans or egy.ato(tl . (Cormier Pleat No. wtthb twenty (20) doge offer wiviet of rule or Suffer a+fry of ''/up?'•twn! of non pmt HULEI To _ Olva e(e} r4na N eri`MlR(r)? ayw"at a wwo or Ma- I ar rp" (1) Yor ON nodfltd l}af a Kati to hervky mle V1 upon yair to fle o co npalm in this oppoai 4NA twenty (20) dayi'aher flw'ddi o)` tervkt of t!1S nh Spm you by perwral Scnko Of b, raBGed or r*' gk*sd mat (2) k you do r"t flit a romplort width thh I ma u 1UDOM£NT OF NON PROS WRI BE ENTERED AGAINST YOU. (JI The dale of wake a' Ni rL4 if rwvirw nn by moil It tM dote of n.h'inp Dofe:._ Syrare d /krthvwr o Orar.T' AW 3 '14 CC PY TO- DE. SERVED ON APPELLEE' CERTIFICATE Qr_-SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(a) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Richard Gaffney, Esquire 28 South Pitt Street Carlisle, PA 17013 Counsel for Plaintiff McKissock & Hoffman, P.C. BY: 1. ' Ed-win A. Schwartz, Esqu re 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Supreme Court I.D. No. 75902 Counsel for Defendant, Cheryle Lucke DATED:-1//y ?i a? k ; pp tT d N ,. hi• 71 4 X i 3 d y J 04 sJ . C. ucke\etrike.po . N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KUNG-JOO TARK, Plaintiff V. CHERYL LUCKE, Defendant No.: 98-6278 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Kindly withdraw Defendant's Preliminary Objections to Plaintiff's Complaint and Plaintiff's Response to Defendant's Preliminary Objections to Plaintiff's Complaint as filed in the above captioned matter. Respectfully submitted, BY''c_ Richard C. Gaff y 28 South Pitt Street Carlisle, PA 17013 (Attorney for Plaintiff) Date: 1.IZ.yq BY Edwin A.D. S tz Attorney I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (Attorney for Defendant) Date : 1-7-,9,9 x r s n k t. y r. 3. v's by , VR P k Le i ` ?f t ;? 3 = Y Y f .. s V vzl ?.c CeLucke\tMN19 . e TIC THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSY VANI KUNG-JOO TARK, Plaintiff V. CHERYLE LUCKE, Defendant No.: 98-6278 CIVIL ACTION - LAW &NTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Cheryle Lucke, in the above captioned. Respectfully submitted, McKissock & Hoffman, P.C. 00 BY Edwin A. Schwar Attorney I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date: /vau. /9?199Tr CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Richard Gaffney, Esquire 28 South Pitt Street Carlisle, PA 17013 Counsel for Plaintiff McKissock & Hoffman, P.C. SY : Edwin A. Schw , Esquire 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Supreme Court I.D. No. 75902 Counsel for Defendant, Cheryle Lucke DATED : 11--/9 1^fr r.`:: ,. ;.? . . ? ir. E= . ^. .. .??r, cam, _ r` . . ? , ?? ? _,. ?' ?•.; ?c ? ? cf ?.? ? ? . ? ; ? , ? ? ,j, : ' ? C7l _. ,4J THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 TELEPHONE (717) 249.2448 December 23, 1999 Richard C. Gaffney, Esquire Law Offices of Richard C. Gaffney 101 Front Street Boiling Springs, PA 17007-0627 Re: Turk v. Lucke Dear Mr. Gaffney & Mr. Schwartz: FAX (717) 2494103 Edwin A. Schwartz, Esquire McKissock & Hoffman 105 N. Front Street, Suite 205 Harrisburg, PA 17101 Please note that the previously mailed Notice of Hearing by Board of Arbitrators for the above captioned matter should have stated the hearing as being held in the 5`" Floor hearing room of the New Courthouse on January 3, 2000 at 9:00 a.m.. If you have any questions please call our office. Very sincerely yours, Ramona A. Makowski Asst. to Joseph D. Buckley /ram cc: Office of Court Administrator Lindsay Dare Baird, Esquire Justin Kutulakis, Esquire THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 TELEPHONE (717) 249.2448 FAX (717) 2494103 November 17, 1999 Richard C. Gaffney, Esquire Law Off iccs of Richard C. Gaffney 101 Front Street Boiling Springs, PA 17007-0627 Edwin A. Schwartz, Esquire McKissock & Hoffman 105 N. Front Street, Suite 205 Harrisburg, PA 17101 Re: Tark v. Lucke Dear Mr. Gaffney & Mr. Schwartz: Enclosed please find a copy of the Notice of Hearing by Board of Arbitrators for the above captioned matter. If you have any questions, please call me. Very sincerely yours, Joseph D. Buckley JDB/ram cc: Office of Court Administrator Lindsay Dare Baird, Esquire Justin Kutulakis, Esquire ,:3 WKISSOCK & HOFFMAN A PROPESSIONAL CORPORATION ATTORNEYS AT LAW 105 NORTH FRONT SMELT 1700 MARKUP FTRERr AM 205 NIRH x03 FIRLAmin ArAMOs IIARRISm1R0, PENNSYMNIA 17101 (US) MOW FAI4GG11KLN EGWIN A.R KCII WARIZ PI DONE (717) 234-0103 R MR: II FRANKLIN 11TKERr 7GRR 103 DIRECT DIAL (717) 2"03 FAX (717) 2341350 VOYUWVWK PA INN OKIIMKTL4IYCONOIl01 (3Is) NHIA VAX (1G) 77t450I R OOGF7I ilia" MWr PA WX "" WW CHIMIM PAIWIN November 3 1999 Was"& M , PA 1 (No 7N RAMON NPl= KIM on MKnmr,NSORW Jose h D Buckle Es uire ? ILI 4 ; p . y, q IO4 FA14 I (W ) 1237 Holly Pike Carlisle, PA 17013 Res Tarke v. Lucke CCP-Cumberland County Docket No.s 98-6278 Civil Our File No.s 8530-51 Dear Mr. Buckley: As you requested, I have scheduled the time and date for Arbitration in the above matter for December 8, 1999 at 10:00 a.m., on the Second Floor Hearing Room, Old Cumberland County Courthouse, Pennsylvania. However, since I have not received the name and address of the third member of the arbitration panel, I am unable to provide notification to this person. Therefore, upon your receipt of the name and address of the third member of the panel, I would appreciate if you would notify them, or contact me so that I may do the same. Thank you for your time and attention to this matter. Sincerely, Edwin A. Sch for McKissock & Hoffman, P.C. EAS/sg Enclosures r ? THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 TELEPHONE (717) 749.2448 November 17, 1999 FAX (717)2494103 Lindsay Dare Baird, Esquire Jason Kutulakis, Esquire Law Offices of Lindsay Dare Baird Marshall Smith & Haddock PC 37 South Hanover Street 20 S. 36? Carlisle, PA 17013 Camp Hill, PA 17011 Re: Tark v. Lucke Dear Lindsay & Jason: Enclosed please find a copy of the Notice of Hearing by Board of Arbitrators for the above captioned matter. If you have any questions, please call me. Very sincerely yours, Joseph D. Buckley JDB/ram cc: Office of Court Administrator Richard C. Gaffney, Esquire Edwin A. D. Schwartz, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYUNG-JOO TARK, Plaintiff VS. NO. 98-6278 CHERYL LUCKE, CIVIL ACTION - LAW Defendant NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbitration Hearing in the above-captioned case for Monday, January 3, 2000, at 9:00 A.M. at the Fifth Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Date: cc: Office of Court Administrator Lindsay Dare Baird, Esquire Jason Kutulakis, Esquire Richard C. Gaffney, Esquire Edwin A. D. Schwartz, Esquire Joseph D. Buckley, Esquire Lindsay Dare Baird, Esquire Jason Kutulakis, Esquire Bv: Joseph D. Buckley, Esquire Chairman, Board of Arbitrators 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Y^ I 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYUNG-JOO TARK, Plaintiff VS. NO. 98-6278 CHERYL LUCKE, CIVIL ACTION - LAW Defendant 0?ptc` NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has, scheduled the Arbitration Hearing in the above-captioned case for ay, Hee , 99- -at-}9:88 t. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Date: cc: Office of Court Administrator Lindsay Dare Baird, Esquire Jason Kutulakis, Esquire Richard C. Gaffney, Esquire Edwin A. D. Schwartz, Esquire Joseph D. Buckley, Esquire Lindsay Dare Baird, Esquire Jason Kutulakis, Esquire By: Joseph D. Buckley, Esquire Chairman, Board of Arbitrators 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYUNG-J00 TARK, Plaintiff VS. NO. 98-6278 CHERYL LUCKE, CIVIL ACTION - LAW Defendant AND NOW, November 5, 1999, having determined that Susan Hartman, Esquire, had formerly represented one of the parties to this action, she is relieved of the Court's former appointment as arbitrator in this case. Lindsay Dare Baird, Esquire, is hereby appointed arbitrator in this action. By The Court cc: Joseph D. Buckley, Esquire, Chairman Office of Court Administrator Lindsay Dare Baird, Esquire Jason Kutulakis, Esquire Richard C. Gaffney, Esquire Edwin A. D. Schwartz, Esquire THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 TELEPIIONE (717) 249.1448 DATE SENT: TO: FAX NUMBER: FROM: November 9,1999 Edwin A. Schwartz, Esquire McKlssock & Hoffman 234-1350 Joseph D. Buckley FAX (717)2494103 Seer d 2. F/?' 6/61P c,r_/- /laficc Number of Pages Including This Sheet: 1 MESSAGE: Re: Tarke V. Lucke The third arbitrator for the above referenced case will be: Lindsay D -re Baird, Esquire Law f-IsMces of Lindsay Dare Baird 37 South Hanover Street Carlisle, PA 17013 Phone: (717) 243-5732 Fax: (717) 243-8110 Original Will_ Will Not ?X_follow. If problems occur please call the telephone number listed above. Thank you, and remember a mind is like a parachute, it only works when It Is openI WKISSOCK & HOFFMAN A PRO?P}MONAL CORTORATION ATTORNEYS AT LAW 105 NOR17I FRONT' STREM 1100 MAR[6? 041887 NME RIM SUITT: 203 FIIRAW%h9 .TA MM ITARRISIMM PENNSYLWNIA 17101 (2193a3100 FAX 1711) ONIIN M NWIII FMNRL01 OIR0R7 EDWIN An 10I WA WZ PIIONP_• (717) 234-0103 RuMR 7M DIRECT DIAL (717) 2344103 FAX: (717) 234.1330 DOnZFr ML PA INK FICxwA?Tt1N[aNacol MI1l345414 M1G (III) 34HRO ???YC1Ha..1w R /OI NRRI mum FA no ?A RDJI 1001 MPlf CI1PlIM ?A 1119 November 8, 1999 WOISUM Rtm (40 70MI1 214 IIAUM NEMM PAM 1M WEnvWT, N 0000 Joseph D. Buckley, Esquire FAX(MU u 1237 Holly Pike Carlisle, PA 17013 Rai Tarke v. Lucke CCP-Cumberland County Docket No.T 98-6278 Civil Our File No.3 8530-51 Dear Mr. Buckley: Per our conversation of November 5, 1999, I have contacted the Court Administrator's office and informed them that the arbitration scheduled for December 8, 1999 is no longer convenient for Plaintiff's counsel and that Arbitration will need to be rescheduled. I will attempt to reschedule arbitration when I am notified as to the name and address of the third arbiter. Thank you for your time and attention to this matter. Sincerely, Edwin A. ch z for McKissock & Hoffman, P.C. EAS/sg cc: Richard Gaffney, Esquire Jason Kutulakis, Esquire KYUNG-J00 TARK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.98-6278 CIVI6LAW 1998 Vs. CHERYL LUCKE Defendant RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Edwin A.D. Schwartz , Esquire counsel forthoVed defendant in the aboveactioN(tMjjow, respectfully represents that: 1. The above-captioned action Oltlt( MIfs) is (Rpp) at issue. 2. The claim of the plaintiff in the action is $5, 000.00 in excess of . The counterclaim of the defendant in the action is _$ 0.0 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Richard Gaffney, Esquire - Counsel for Plaintiff.Edwin Schwartz-For Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, AND foregoing Esq., and actions) as prayed for. ORDER OF COUR 19 in consideration of the / Esq.. l.??GO fit' Esq., are appointed arbitr rs in the above captioned action (or es VIC J ' ' F ar„„• i o k m ? I. ? u ? ? tc) 1S v am, ? ((LS L? (} ? I, Imo, N l y ' Y•? CL lir W F- C 21jy cn r _• THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 TELEPIIONE (717) 249.2448 DATE SENT: TO: FAX NUMBER: FROM: November 2, 1999 Stephanie 234-1350 Ramona, Adm. Asst Number of Pages Including This Sheet: 2 MESSAGE: Re: Tark v. Lucke Dear Stephanie - J , 0710 \u• FAX (717)2494103 Per our conversation yesterday, please reschedule the arbitration hearing we had previously set November 22,1999 at 8:30 a.m. In the above captioned case. Enclosed for your convenience is a list of all parties Involved. I will notify you of the other arbitration attorney involved as soon as I am made aware of it. Susan Harman must be replaced as she represented Tark in a previous case. Original Will _ Will Not-C. follow. If problems occur please call the telephone number listed above. Thank you, and remember a mind Is like a parachute, it only works when it is openl ti Office of Court Administrator Attn: Becky One Courthouse Square Carlisle, PA 17013 240-6200 Jason Kutulakis, Esquire Marshall, Smith & Haddock PC 20 S. 36`h Camp Hill, PA 17011 731-4800 Richard C. Gaffney, Esquire Law Offices of Richard C. Gaffney 101 Front Street Boiling Springs, PA 17007-0627 249-2525 Edwin A. D. Schwartz, Esquire 105 N. Front Street Suite 205 Harrisburg, PA 17101 234-0103 - Stephanie 12.3 12-$ ski /1'??? 1.1. do . No Il1t-Y G? It -lo l1c? 2-a 3 12-10 I? - 3 12- s dr' 12 -10 KYUNG-JOO TARK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-6278 CHERYL LUCKE Defendant : CIVIL ACTION - LAW NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbitration Hearing in the above-captioned case for Monday, November 22, 1999 at 8:30 A.M. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennrylvania. Date: 10'-24-11 cc: Susan J. Hartman, Esquire Jason Kutulakis, Esquire Richard Gaffney, Esquire for Plaintiffs Edwin Schwartz, Esquire for Defendant Office of the Court Administrator Chairman, Board of 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Joseph D. Buckley, Esquire Susan J. Hartman, Esquire Jason Kutulakis, Esquire 4 I ....F! .A -.u? 7 PHONE CALL f FOR :. ' c.. d DATE - TIME P.M. M I1 / OF 40 TELEPHONED PHON R TURNED l u11A fAnQ NU41nUi YOUR CALL LnI.S'UN FAX# PLEASE CALL ; r MESSAGE Nov. a u'p G ? WIL NCAL AGA JJ O t T SEE YOU 1 I TSO EE 4 I YOU 1e EMU% : THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 TELEPHONE (717) 249.2418 Susan J. Hartman, Esquire Duncan & Otto PC 1 Irvine Row Carlisle, PA 17013 Re: Tark v. Lucke Dear Susan & Jason: FAX (717) 2494107 October 28 1999 Jason Kutulakis, Esquire Marshall Smith & Haddock PC 20 S. 3F Camp Hill, PA 17011 Enclosed please find a copy of the Notice of Hearing by Board of Arbitrators for the above captioned matter. Please make a note of the change in time to 8:30 a.m. to accommodate your schedules. Also enclosed arc copies of the complaint and answer. If you have any questions, please call me. Very sincerely yours, JDB/ram Joseph D. Buckley Enclosures