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Home My WebLink About07-6223LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3 800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com APRIL M. MOHN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW PAUL J. O'CONNOR : Defendant NO. 2007 - &d43 CIVIL NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 / 1-800-990-9108 TO: PAUL J. O'CONNOR: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWEN'T'Y (20) DAYS FROM SERVICE HEREOF BE ENTERED AGAINST YOU. I CJ I Z4 10-7 PETER J. RUSSO DATE: LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com Counsel for Plaintiff APRIL M. MORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW PAUL J. O'CONNOR Defendant NO. 2007 - G -2 3 CIVIL COMPLAINT NOW COMES the Plaintiff, by and through her attorney, Law Offices of Peter J. Russo, P.C. and states the following in support of his Complaint: PARTIES 1. Plaintiff, April M. Mohn, (hereinafter "April") is an adult citizen of the Commonwealth of Pennsylvania residing at 18 South Front Street, Apt. 1 Lemoyne, PA 17043. 2. Defendant, Paul J. O'Conner, (hereinafter "O'Connor") is an adult individual citizen of the Commonwealth of Pennsylvania currently residing at 3609 Kohler Place, Apt. 18, Camp Hill, PA 17011. FACTUAL AVERMENTS 3. October 25, 2005, at approximately 11:00 am. Plaintiff, April M. Mohn was riding a bicycle eastbound on Market Street in Camp Hill, Pennsylvania. 4. On October 25, 2005, at approximately 11:00 a.m., it was raining in Camp Hill, 5. On October 25, 2005, April's bicycle was equipped with a functioning headlight which was on and properly operating. 6. October 25, 2005, at approximately 11:00 am., Paul J. O'Connor, was operating a motor vehicle in the shopping plaza on the 3700 block of Market Street in Camp Hill, Pennsylvania. 7. There is an approximately 8 foot wide shoulder marked by a solid white line in the westbound lane of Market Street in Camp Hill, Pennsylvania. 8. Prior to the accident, April changed lanes. 9. April was initially traveling in the eastbound lane of traffic and crossed over to the shoulder of the westbound lane in order to turn left into the parking lot of the shopping plaza on the 3700 block of Market Street. 10. As April approached the eastern entrance of the shopping plaza, O'Connor was exiting the shopping plaza. 11. O'Connor turned right into the shoulder of the road and continued to travel along the shoulder of the westbound lane of Market Street. 12. O'Connor's vehicle traveled approximately 20 feet along the shoulder before striking April. 13. Upon exiting the shopping plaza, O'Connor looked left to check traffic flow in the westbound lane but never looked right. 14. O'Connor never looked right until after striking April. 15. Upon seeing O'Connor attempting to turn right from the shopping plaza, April attempted to stop her bicycle and avoid the accident but she had no opportunity given O'Connor path of travel along the shoulder of Market Street. 16. April was struck by O'Connor's vehicle and she was propelled over the hood of O'Connor's vehicle, into the windshield and eventually landed on the roadway. 17. O'Connor did not stop his vehicle until after April landed on the roadway. 18. As a direct and proximate result of the negligence of O'Connor, Plaintiff, April M. Mohn, has suffered serious bodily injury as set forth in full hereinafter. COUNT I MOHN v. O'CONNOR 19. Plaintiff, April M. Mohn, incorporates and makes a part of this Count paragraphs 1 through 19 of this Complaint as is fully set forth. 20. The occurrence of the aforesaid accident and the injuries to April, resulting therefrom were caused directly and proximately by the negligence of the Defendant, Paul J. O'Connor, generally and more specifically as set forth below: a. In failing to apply the brakes in time to avoid a collision with the plaintiff; b. In failing to have the vehicle under proper and adequate control; c. In failing to observe the plaintiff on the roadway; d. In failing to keep a reasonable lookout for others lawfully on the road, and; e. In failing to yield the right-of-way to others already upon the roadway. 21. As the result of the negligence of Defendant, Paul J. O'Connor, Plaintiff, April M. Mohn, has sustained injuries, including, but not limited to: a. her left rib; b. her left elbow; c. her left abdomen; d. her left side and hip; e. her left knee; f. her left foot; g. her left ankle; and h. $326.47 of damage to her bicycle. 22. As a result of the negligence of Defendant, Paul J. O'Connor, Plaintiff, April M. Mohn, has been and probably will in the future be hindered from attending to her usual occupation and daily duties to her great detriment, loss, humiliation and embarrassment. 23. As a result of the negligence of Defendant, Paul J. O'Connor, Plaintiff, April M. Mohn, has suffered a loss of life's pleasures and will continue to suffer the same in the future to hers great detriment and loss. 24. As a result of the negligence of Defendant, Paul J. O'Connor, Plaintiff, April M. Mohn, has undergone great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, causing her great physical, emotional, and financial detriment and loss. 25. As a result of the negligence of Defendant, Paul J. O'Connor, Plaintiff, April M. Mohn, has been compelled, in order to affect a cure for the aforesaid injuries, to expend large sums of money for the repair of her, she continues to require treatment and would need to incur medical expenses for her injuries. WHEREFORE, Plaintiff, April M. Mohn, seeks damages from Defendant, Paul J. O'Connor, in an amount in which does not exceed the jurisdictional limit. Respectfully submi LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 Date: Wednesday, October 24, 2007 LAW OFFICES OF PETER L RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com APRIL M. MORN, : Plaintiff : V. : PAUL L O'CONNOR Defendant Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2007 - CIVIL VERIFICATION I, April M. Mohn, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unworn falsification to authorities. Dated: ) 0 - 23 - 0 LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com APRIL M. MORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW PAUL J. O'CONNOR Defendant NO. 2007 - CIVIL CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Complaint upon the person(s) and in the manner indicated below: U.S. Sheriff: Paul J. O'Conner 3609 Kohler Place Apt 18 Camp Hill, PA 17011 Date: !O /a7.L{ /p z Ashley ipe, Par egal 7 oak y^r ' .-O L ? C'? r? CJ CD ni N rr" L'3 -.... .?i L,D r rn r..? fb co STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(Mmargolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY APRIL M. MORN, DOCKET NO. 2007-6223 Plaintiff V. CIVIL ACTION - LAW PAUL J. O'CONNOR, Defendant JURY TRIAL DEMANDED P CIPL TO ENTIEkAPPEARAOICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Paul J. O'Connor, in the above-captioned matter. S EDELSTEIN Date 17'I ?ZI°l By: N L? BANKO, JR. for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, +K Pennsylvania, first-class postage prepaid, on the 10 day of 2007, and addressed as follows: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (Counsel for Plaintiff) 0&6 Angela . Gayman, Sec etary y „} i7- T t T. F SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06223 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOHN APRIL M VS O'CONNOR PAUL J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT O'CONNOR PAUL J but was unable to locate Him in his bailiwick. H e therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT O'CONNOR PAUL J 3609 KOHLER PLACE APT 18 CAMP HILL, PA 17011 NO ONE HOME WHEN SERVICE WAS ATTEMPTED. NAME ON MAILBOX DOES NOT MATCH DEFENDANT. Sheriff's Costs: So answers: -- Docketing 18.00 Service 14.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 1?/d?d$ ? 47.40 PETER RUSSO 01/07/2008 Sworn and Subscribed to before me this day of , A. D. LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com APRIL M. MORN, Plaintiff V. PAUL J. O'CONNOR, Defendant To The Prothonotary: Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW M_ &aa3 NO. "^^' 8 CIVIL PRAECIPE TO DISMISS Kindly mark the above captioned matter as "Dismissed." Plaintiff hereby withdraws all claims, counts and causes of action set forth in the above-captioned matter. Respectfully submitted, LAW OFFICES OF PETER TRUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 Date: 1 40 toy I- A LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjriaw.com Counsel for Plaintiff APRIL M. MORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW PAUL J. O'CONNOR, ?7 _ la 2 2 3 Defendant NO. CIVIL CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Complaint upon the person(s) and in the manner indicated below: US Regular Mail: Stephen L. Banko, Esquire Magolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Date: k ? k\ k 5N00''- UvJLq 17 " Ashley pe, Paraleg l „I r4"...a (. .. c:x.3 f.3`t °J;i