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Home My WebLink About03-5402 NOTICE OF APPEAL COMMO"W'EALTH OF PENNSYLVANIA COUI' OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMO'. PLlAS No. 03'.5 yO';;' ~ NOTICE OF APPEAL Notice is gi..... that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Jus~ice on the date and in the case n.. .nolled below: ' CV a:co~ '?O '. Os LT This block will be signed ONLY when this notation is required under Po. R.cP JP. No. loo8&. This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS to the judgrMnl for possession in this case. =:J MAGDi~~~O~ l OTY ST Jf I PCODE lAbRML6Y6;goAG PA- l10LG C (DeMnda1t) I KOCH . ~MMl ~T:r;:HSA ~ T i ~L ('vtvflANWAJ '?l tJ:> I ') }J (.J . _ J. -Os .. TIE ..... ~~A~ NO SignatUle of Prothonotary or Deputy If ,fJppellant was CLAIMANT (see Pa. R.C. .J.P. No. 1001 (6) in action before District Justice, MUST FILE A COMPLAINT within twenty (20) filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appeffant was DEFENDANT (see Pa, R,C'p.,J.P. No, 1001(7) in action before District fustice. IF NOT USED, detach from copy of notice 01 appeal to be served upon appellee). I PRAECIPE. To Prothonotary (Convnon Pleas No. t? 1 . ..5VtJ.,2 l~ HI! RfJ I~o::: H . appeIlee(s), ta file a complaint in t' is appeal , J 01 appeIlee{.1 4- ) within twenty (20) days after service 0 of judgment oj non pros. Enter rule upon RULE. To 1~1-1i<l~tJ Name 01_.1 I~oc 11-. appeIlee(s). Signature of appellant or his a or agent i i (1) You are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the date ~f service of this rule upon you by persooal service or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: tOd n , ~. ~!~ ~ kJ/b ~1,-+ I . 01 Deputy AOPC 312-90 COURT FILE TO BE FILED WITH PR01rHONOTARY - "\ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER liling the notice 01 appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF . 55 AFFIDAVIT: I hereby swear or affirm that I served o a copy 01 the Notice at Appeal, Common Pleas No, upon Ihe District Justice designated therein on (date ot service) 0 by personai service 0 by (certified) (registered) mail, sender's receipt attached hereto. and upon the appellee, (name) ___, on __ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, o and further that I served the Rule 10 File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on__.____.. by porsonal servico by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF was My commission on t -. -S::., \ri VJ "'" v-;, \ !\ ~ ~ Y\ ~ (;, ~ ~l \ '\ '^, \ f'\ l~ ~ ~ ~ (") c <" -uBe !;2g zr~ en .' ~i:". >'r' zc: >c' 2': ---:I -< ,~ '-' c'~~' .=> C) .-j () ., :::::;....n 'f~~ (.;J :',.' '\'-' -0 3; ':-? r:- en ;() -e, "T\ >;(") c';;rn ~,;! :0 -< _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF/JUDGME~~JJ,.o~:AS E 'KOCH, RICHARD NAM',,'ADDRESS ..., 536 WALNUT ST APT/STE 11 LEMOYNE, PA 17043 Mag. Dist. No.: OJ Name: Hon CHARLES A. CLEMENT, JR. Address' 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 L .J VS. DEFENDANT/JUDGMENT CWI;f,\?lliDRESS 'coNCANNON, SEAN 8 N. 2ND. STREET LEMOYNE, PA 17043 ..., SEAN CONCANNON 8 N. 2ND. STREET LEMOYNE, PA 17043 L Docket No.: CV- 0000280 - 03 Date Filed: 8/11/03 CROSS COMPLAINT 00 .J .Ja.t... ......_ ~ ~, ,". ~' nllS IS TO NOflFY YOU THAT: Judgment: FOR PT,ATNTTFF ~ ~ Judgment was entered for: (Name) lrO("l'R', RT("IRa,lln Judgment was entered against: (Name) l"nNl"Jl.NNON _ SP:lI.N in the amount of $ 1 40A 01 on: (Date of Judgment) Q/12/0'l o Defendants are jointly and severally liable, o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to AttachmenV42 Pa,C.S. ~ 8t27 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1 383.01 Judgment Costs $ 2$.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,40(]j Post Judgment Credits $ Post Judgment Costs $ ============ Certified Judgment Total $ 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 PLE,~S, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR CIISTRICT JUSTICES, IF THE JUDGMENT HOllIER ELE{:TS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FUR1'HER PROCESS MUST COME FROM THE COllRT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. ..' . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN TilE JUDGMENT MAY FI~E A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. SEP 1 2 200~ate ~ ~-.. , District Justice I certify that this is a true a , District Justice CT 1 J 2993 Date My commission expires first Monday of January, 2008 SEAL AOPC 315.03 DATE PRINTED: 10/13/03 11:14:57 AM ~ "":"""'f -~, , "." ~"""; :'tt~., ,"'0.",;,." .I'"'' ....-." '''...r:...:.,>''',.,.,....', '''l I i PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER li/ing the notice of appeal, Check applicable boxes) - COMMONWEALTH OF PENNSYLVANIA COUNTY OFC\Jrl1k~"'" . ' S8 AFFIDAVIT: I hereby swear or affirm that I served r>g a 01 the) Notioe ot AppeaL Common Pleas No. .~a3 .=~s;':1c):L~, upon the Justice designated th on (date 01 servlce)j():J7O:L "._ ".._' 0 by personal iervice I;:;;j by (registered) ender's receipt attached hareto, and upon the appellee (name).B1,l.tA&1....J'O~,.L~..~_ . .... ~~~"" on .~JQ:I1:lIJ.~~ ....._~ .. 0 by personal service Q-by (cerlitierl) (registered) mali, sender's receipt attache hereto, i:i?J and furlher that I served the Rule to File a Complaint aocompanYlng tho above Notloe of Appeal upon the appellee(s) t whom the Rule was addressed OI1~ I~"L~ ............. . service f:iJ by (certltied)(re sender's receipt attached herelo. SWOF1N (AFFIRMED) AND SUBSCRIBED ME THIS ...2LSrl--: DAY ~DC:ltk-~, :2-Q.Q3 ~! . a EV\.o...u) b1..I~ -C:; .--:.. ,::;~A.)T4t~;;:-;~:,~..::;h;:j;::;:;:_:;~-;::,:; ""1-"- 1<;cc. Vi J/1,,,,,,,, ",Lv.,.- "1,-...,,, ,"""",1" ',(", ",.hk:. "i.Ng\-..,9-eL\ ~~ll<;" ! ;'ie 1'\1 orI.Ci>. J ' . ..' LI~ LJ 2co-S:- x~~..d~ &~.. ... ,)iglluture ( f afhan NOTARIAL SEAL CLAUDIA ^ BRENBAKER, NOTARY PUBLIC Carlisle Bom, Cumberland County My Commissi'ln Expires April 4, 2005 · Complete item~1';2:a:nd 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: R;c[.~rc( ~Or:. q 536 WvlV1Jf 51. !\pl II LA'VV!U'jN. / (J/I J1ul.{3 x o Agent o AddrEtsSee DYes o No o c Z ;:g iT z;: L.. 0.d~ -<.: ~'.. ~c 't,:, zl.._ .,.,.-- c. >[; ~ c::> w o ("'") -i N o "')1 ---1 :)--: - ; ""r~ i)~T. .U ") i '3-T;! '-<1; ~MI ,J );! ::n --< D. Is delivery address different from item 1? If YES, enter delivery address below: :tc.. ::c: :n N 2. Attic! (rran 3, ~ice Type - Certified Mail 0 Express Mail egistered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. _!;.--~stricted Delivery? (Extra Fee) 0 Yes PS Fon 02595-01-M-1424 .~ '.' ~~ . .""... .~."'.~, ~ "~~.",.",", .>.~"" '....~ ~1~~lffIr._...,_~,~_~.~"!-:1:"'7"'PI)<"~~~~>'-- ~l"'"-.' NOTICE 0' APPfAL ,,' "'''J! li, COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAl. DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEASNo. 03 '5<1tJdl ~ NOTICE OF APPEAL No~ce i. gi_ thai the appellant has filed in the above Caurt of Common Plea. an appeal from the judgment rendered by the' Di.trict Justice on the date and in the case mentioned below. ~~J (~rAI\)WJJ ADDI APPEllANT ' <;;> l\.bRT I ) JJ {.J ""'" JJllOMENT -Po '03 NO IMAG~~t:Qr OTY Sl LJJr:(fVl'....c:.y~.fU/ c PA L (" ( "" ::::)(J .. ' U. NATUIlE ex- t"rEI.LANT I-IS An . T ~~ ct::aJd.'l?O'03 k'l ~~ .- This block will be signed ONLY when this nota~"'I.ti~~ui"\4, y~a. R.cPJP. No. If appellant was CLAIMANT (see Pa. R.GP.JP. No. 10~a ~, Thi. Notice of' Appeal, when receiwd by the Di.trict Ju.tice, will operate as a 1001 (6) in action before District Justice, he MUST / SUPERSEDEAS to the judgment for passes~on in this ca.e. FILE A COMPLAINT within twenty (20) days after '/' filing his NOTICE of APPEAL. ZP CODE 1'10 :3 Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND lULE TO FILE (This section of form to be used ONLY when appellant waS DEFENDANT (see 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), PRAECIPE: To ProthqrlOtary l<:tc ~Ifl RtJ l~a::: H ,appellee(.). to file a complaint in this appeal . :TN of appelJee(S) tJ1'._5~tJ..:2 4 ) within twenty (20) day. after servicekr or .uffer ~fof judgment of non pros. _ _7 ~'rv-'--- - .$ ~ Signa/Ure 01 /1IlIJf>IIWII or his _ or agent Enter rule.upon .' (Common Pleas No. RULE: To I~' ~11l.qyJ fVBInO 01 8ppeItoef s I l<oc Ii-, appellee(.). (1) You are notified that a rule i. hereby entered upan you to file a complaint in this appeal within twenty (20) day. after the date of service of this rule upon you by persorial .ervice or by certified or registered mail .... . . (2) N you do not!'lli~a~j witJ1in this ~me, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU. ~"""<,\~ . '. ! " (3) The ~,~~ of this ru~if ....vice was by (llOi1 i. the date of mailing. ,..,'";' ';,. ."",~' " Date: tOd.')'? ,~. ~ft.<;'<<" f/. x~~~ ,f. . PI'Ofhu,.dbo '/ Of '-"Y .....-"'....'... COURT FILE AOPC 312-90 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Shawn E. Smith, Esquire Attorney 1.0. 86121 (717)237.7101 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KOCH, v NO. 03-5402 SEAN CONCANNON, Defendant CNIL ACTION - LAW JURY TRIAL DEMANDED )'lOTICE 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 Notice and Complaint are served, by entering a written appearance personally or by attorney and filing in writing with this 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 Plaintiffs. 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 HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, P A 17013 (800)990-9108 NOTlCIA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia excrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades 0 otros derechos impotantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, P A 17013 (800)990-9108 Date: 10/3// () ') THOMAS, THOMAS & HAFER, LLP ~2~ ) ~ \ '/ By: " / / S . mith, Esquire Attorney LD. # 86121 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 (717)237-7101 THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Shawn E. Smith, Esquire Attorney J.D. 86121 (717)237.7101 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KOCH, v : NO. SEAN CONCANNON, Defendant CNIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Richard Koch, by and through his attorneys, Thomas, Thomas & Hafer, LLP, and files the following Complaint seeking damages, exclusive of interests and costs in an amount not exceeding $25,000.00, base:d upon the following: 1. Plaintiff is an adult individual residing at 536 Walnut Street, Apt. 11, Lemoyne, Pennsylvania, 17043. 2. Defendant is an adult individual residing at 8 North 2nd Street, Wormleysburg, Pennsylvania 17043. 3. On or about December 10, 2002, Plaintiff was the owner and operator of a 1999 Chevrolet Lumina and was operating said vehicle west-bound on Market Street in Camp Hill, Cumberland County, Pennsylvania approaching the intersection of Market Street and Twelfth Street. 4. At the same time and place, Defendant was operating a 1995 Honda Accord as he approached the same intersection approximately 2 to 4 cars behind the Plaintiff. 5. At this point on Market Street, the roadway is two lanes, one heading east and one heading west, divided by a double yellow line. 6. Approximately 200 feet before the traffic light at the intersection of Market Street and Twelfth Street, Market Street expands in the east bound direction to three lanes (a left hand turning lane onto Twelfth Street, a lane for traffic to continue straight on Market Street, and a lane of traffic to turn right onto Twelfth Street). 7. At the aforementioned time and place, Plaintiff was approximately 300 to 400 feet from the intersection of Market Street and Twelfth Street stoppe:d at a red traffic light. 8. Plaintiff, at all times, was lawfully in this lane of travel, which was the only lane heading west-bound at that time and place. 9. At the aforementioned time and place, Plaintiff decided to malce a left hand turn into the parking lot ofL.B. Smith Ford on Market Street which was immediately to the left of his vehicle. 10. After checking his mirror and looking over his shoulder, Plaintiff put on his turn signal and proceeded to turn left into the parking lot of L.B. Smith Ford. 11. At this time and place, Defendant negligently, carelessly and recklessly attempted to pass the vehicles in front of him on the left hand side of a single lane road in anticipation of the left hand turning lane several hundred feet ahead and it is believed, and therefore averred, that Defendant was on or across the double yellow line separating the east and west bound lanes of travel on Market Street. 12. As Plaintiff was lawfully turning into the parking lot of L.B. Smith, Defendant collided with Plaintiffs car. 13. Defendant owed a duty of reasonable care to persons who were lawfully on the highways. 14. As a result of the collision caused by Defendants negligence, carelessness and recklessness, the Defendant caused damages to the driver's side of the Plaintiffs vehicle as hereinafter set forth. 15. The proximate cause of the accident was the carelessness, recklessness and negligence of the Defendant in that he: (a) failed to maintain a proper lookout; (b) operated his vehicle without due regard for the rights, safety and position of the Plaintiffs vehicle; (c) Plaintiff failed to have his vehicle under proper and adequate control; (d) improperly passed several vehicles on thf: left hand side, crossing over the double yellow line in so doing; (e) violated the various provisions of the Pennsylvania Motor Vehicle Laws of the Commonwealth of Pennsylvania: (i) 75 Pa.C.S.s 3301; (ii) 75 Pa.C.S S 3302: (iii) 75 Pa.C.S. S 3303; (iv) 75 Pa.C.S. S 3305; (v) 75 Pa.C.S. S 3306; (vi) 75 Pa.C.S. S 3307; and (vii) 75 Pa.C.S. S 3309; (f) knew or should have know that an accident would occur by attempting to pass vehicles on the left hand side of a single lane road where such passing is not permitted thereby improperly impeding other drivers abilities to turn into the various businesses on the left hand side! 16. As the result of the aforementioned conduct, Plaintiff sustained damages to his motor vehicle in the sum of$I,383.01. WHEREFORE, Plaintiff Richard Koch demand judgment against the Defendant in an amount not exceeding $25, 000.00., plus costs, interest and attomeys fees. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 101) tj03 ~) ~~ By: ~ Sha E tnith, Esq . AttorneyI.D. # 86121 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 (717)237-7101 VERIFICATION I, Plaintiff, Richard Koch, hereby state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. P-J~A ~ J-I?, RICHARD KOCH CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document( s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Sean Concannon 8 North 2nd Street W ormleysburg, P A 17043 THOMAS, THOMAS & HAFER, LLP Dated: 10/3/03 (~lf4- (I THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg,PA 17108 Shawn E. Smith, Esquire Attorney LD. 86121 (717)237.7101 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KOCH, v : NO. 03-5402 SEAN CONCANNON, Defendant : CNIL ACTION - LAW : JURY TRIAL DEMANDED TO: Sean Concannon 8 North 2nd Street W ormleysburg, P A 17043 DATE OF NOTICE: December 3, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108 THO By: S . mith, Es Attorney LD. # 86121 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 (717)237-7101 CERTIFICATE OF SERVICE I. Shawn E. Smith, Esquire, hereby state that a true and correct copy of the foregoing document(s) was served upon the following individual(s) by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Sean Concannon 8 North 2nd Street W ormleysburg, P A 17043 THOMAS, THOMAS & HAFER, LLP Dated: (.:2.3.03 ~~8~ (") ~ -OLD mrp ~S m~t-', l/J\/' , ZO =0 .....c: -/ ~ c.:> (....;~ ~--:) 111 :, , .~- C. ""1'1 ,-,..;:-p -,--, -r . ~.! ;~~~ -':" ,"",I >~~~ U .... ...,:::- Xl -< ~"T) ':2 (JI () c. <.... -oh~' g;!j, ZC; ef) " _L .,: ~c' ~('-' .c.; {-"', ~(", Z --I -~ o c..,J ':I!: C:) < I ...- o .." ~~,::! 1;171 ,-,"n --::'1C? ';'i~ =.. ~ ;po :.L '? N RICHARD KOCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEAN CONCANNON, Defendant NO. 03-5402 ': CIVIL ACION - LAW : JURY TRIAL DEMANDED v ANSWER TO COMPLAINT AND NOW, comes the Defendant, Sean Concannon, filing answers to the complaint by Plaintiff: Richard Koch. 1. Accepted 2. Accepted 3, Accepted 1~ 4, Accepted 5. 14.1 III 6. tOt 7. IS. Den a. 8. b. j Vc Denied - At this point, the roadway is four lanes, one heading east and opening ,ee lanes heading west, divided by a double yellow line. Accepted Denied - At the aforementioned time and place the Plaintiff was at abor eet from Jfic movin the intersection of Market Street and 12th Street stopped at a red light g on both sides of him, three lanes Denied - Plaintiff was in the straight lane of traffic which was ( heading westbound at that time and place. ---------- ......_+~.- (") c :z: i1-:;' , rnh' ~.( (f> ~,. ~,. ~-:::- ~_:t >c ~--~~ ~ o w o r'1 n (") ." :.::: ~I2 ..", t~-, n ) ,,.J ~1'i '.:: ~l' '-,~,~~ ~.,> .~n l__> , jJ -< --'- - .. N W Plaintiff IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA RICHARD KOCH, v NO. 03-5402 SEAN CONCANNON, Defendant : CIVIL ACION - LAW : JURY TRIAL DEMANDED ANSWER TO COMPLAINT AND NOW, comes the Defendant, Sean Concannon, filing answers to the complaint by Plaintiff: Richard Koch. 1. Accepted 2, Accepted 3. Accepted 4. Accepted 5. Denied - At this point, the roadway is four lanes, one heading east and opening to three lanes heading west, divided by a double yellow line. 6. Accepted 7, Denied - At the aforementioned time and place the Plaintiff was at about 200 feet from the intersection of Market Street and 12lb Street stopped at a red light with traffic moving on both sides of him. 8. Denied - Plaintiff was in the straight lane of traffic which was one of the three lanes heading westbound at that time and place. 9. Denied - Plaintiff decided to make a left hand turn intending to take a shortcut past traffic stopped at the red light, which was on the left hand side of his vehicle through the turning lane. Plaintiff was approximately ten feet from the double yellow line. 10. Denied - Plaintiff did not activate his left turning signal and obviously did not check his mirror or look over his shoulder as he would have noticed multiple vehicles coming up the left hand turning lane and proceeded to turn left into the passenger side door of Defendant's car. 11. Denied - Defendant followed the lane of traffic and vehicles in front of him into the left hand turning lane and did not cross the double yellow line separated traffic heading east and westbound, as also witnessed by passenger in Defendant's car, Michael Rash. 12, Denied - As Plaintiff was unlawfully turning through the turning lane into the parking lot ofL.B. Smith Ford, Plaintiff collided with Defendant's car. 13. Denied - Defendant was in a lawful lane of travel obeying all laws when Plaintiff illegally crossed the lane of traffic resulting in the damages to both vehicles. 14. Denied - the result of the collision was cause by the Plaintiffs negligence, carelessness and recklessness as he did not use his turn signal and crossed the lane of traffic in order to take a shortcut past the red light causing damages to both vehicles. 15. Denied - a. Did maintain a proper lookout as defendant's car was almost passed Plaintiff s car when accident occurred. b, Defendant's vehicle was operated with regards to all the rights and safeties of all vehicles on the road including Plaintiff s car. c. Defendant's vehicle was under proper and adequate control when Plaintiffs actions caused the accident. d. Double yellow line on left hand side of the road was never crossed by Defendant and no vehicles were improperly passed. e. Defendant did not violate the following provisions of the Pennsylvania Motor Vehicle Laws as he was in the right lane oftrave~ did not cross the double yellow line, had his vehicle under control at all times, was unaware that the Plaintiff was going to malce a left hand turn through the turning lane without using a turn signal and was in the right using the lane of travel that he used. 16. Denied - As a result of the Plaintiffs negligence, he sustained damages to his own vehicle as well as Defendant's Vehicle As the Complaints of the Plaintiff are untrue as witnessed by the Defendant, and the witness, Michael Rash, Defendant demands that no judgment be entered against the Defendant and Plaintiff should pay for all fees accrued by the Defendant, Respectfully Submitted, SEAN CONCANNON ,~~ ?~ I, Defendant, Sean Concannon, hereby state that the answers to the complaint made are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to the unsworn falsification to authorities. ~~ (") C :?" -oi:;""; fTl f( ?:J Lt. C/J 0: 2c -'" ~~;. ::) --.. <=) W r::J Pl n o ." :,;3 ,~ ',- r--,; ,~) J ~~ :-~? ;~ ::)rn ~ ..I ::b -< -a ~ N W Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KOCH, v. : NO. 03-5402 SEAN CONCANNON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Shawn E. Smith. Esquire respectfully represents that: , counsel for the Plaintiff, Richard Koch, in the above action, I. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is less than the arbitration limit. The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Shawn E. Smith. Esquire and Patrick Gibbons. Esquire. or anv member of the firm of Rvan, Brown. McDonnell or Thomas. Thomas & Hafer. LLP. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, by: THOMAS, THOMAS & HAFER, LLP ~ - ., I "----<-^- ~I ) 1-' Sha . ,Esquire J.D. No. 86121 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7101 Attorneys for Plalintiff Date 02)0/0 f CERTIFICATE OF SERVICI\ I. Shawn E. Smith, Esquire, hereby state that a true and correct copy of the foregoing document(s) was served upon the following individual(s) by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Sean Concarmon 8 North 2nd Street Wormleysburg, PA 17043 Dated: J-//4o'r THOMAS, THOMAS & HAFER, LLP .~~.~. Shawn . mith, Esquire ~ - ~ f:::l ~ '- "C (") ...., 0 => 0 ~~; C;:;~ 'TJ J:"" () '"Tl =? 0 ". rrt ..~- ,.., n'l. ' rnF ....... w ..t:: -- "Urn ~ '''6 ~ \) -' 0 ''':-i( , 2, :7: 7;; j~ fJJ , '0'0 ~ , on'l -1- c c::> ",.-1 :;: "j> -, w :.0 -<' .- -< Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KOCH, v. : NO. 03.5402 SEAN CONCANNON, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, ~ Ih-r.i Ii "J ' I a , 2004, in consideration of the foregoing petition, ~*---' ~dAU Esquire, ~'!ud:yJM4f~~ Esquire, and ,&of/:'L ~J/ in the above-captioned action as prayed for. . Esquire, are appointed arbitrators BY THE COURT: ~ .J. VINV^lJ.SNN3d ) 'h'n'''') -,,','-' ". ''<In'"' upJ l\}," t__., -!., ,,-,~"'(:::I''i, 1'-" 98 :2 lid 91 83J fiOOl AH.iWNCHJDdd 3HJ. :10 3~)I:J~O"(Elll:! RICHARD KOCH IN THE COURT OF Ce)MMON'PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SEAN CONCANNON : NO. 03-5402 CIVIL TERM IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, July 15, 2004, the Court having been informed that Herbert Henderson, Esquire, is unavailable for the above-captioned arbitration hearing, James Jones, Esquire, is appointed in his stead. By the Court, P.J. Stephen Fishman, Esquire Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Court Administrator Pf1 ~ ?_/-5",-o'! SL. "">- ~i \-" Ie; ~')~. ~o Ll~ ...;_. Q~5 00: ,:,:\0- ...-Ud ~::J:: !-- u_ o In o 9 :i tn '- S? ;~:& .~ "'::-' ..c::-:. ~5~ -r'") -! ::::> -, "--;.:;:: ) f ;:-~J ~."":~ ,,-."~ -=- c..-. = C"'-' '"3 U i~ V RICHARD KOCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL 03..5402 SEAN CONCANNON, Defendant OATH We do solemnly swear (or aflirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we w' disch u les 0 e with fidelity. >- ...., CI"" 0 ~ u t'.5~ n: 0 ::c '..t.. :I: CI: ~~ ~ 15 award: CIVIL ACTION - AT LAW r- "" <.!) :::J < ..:r <==> <==> ..... ~ 5~ oZ g; (:;1<-, ~5&5 ..~ u_ "" u.~ \JJ ~Q.. a AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following (Note: If damages for delay are awa~ded, they shall be separately stated.) _*-' ,,,,,d I" ---9~ dr-L d ck~ c ~',,0~ cc ,cd Cj4 l w,d-. fra~/#- , Arbitrator, dissents. (Insert name if applicable.) ~~\( ~, Ste n . FislJ1:nan, Es e, Chairman Date of Hearing: August 26, 2004 Date of Award: ~f;.'2-6(' y NOTICE OF ENTRY OF A W AIRD Now, thea 1 day of A,LaA. ~ I-- ,2004, at , .M., the above award was entered upon the docket and notice thereof given by '~~~~~e parties or theij"jorneys. _' Arbitrators' compensation to be ~tL4 Paid upon appeal: Pro h n a $4 o. (j0 By: --..J r0~~J ~, ~ ~' t C:X\ ~ ....J 6. ~ , RYAN, BROWN, McDONNELL, BERGER & GIBBONS, P.C. By: Patrick J. Gibbons, Esquire Attorney J.D. No. 63816 1600 Market Street, 14th Floor Philadelphia, PA 19103-7240 (215) 564,3800 Attorney for Defendant(s) Sean Concannon RICHARD KOCH COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA v. SEAN CONCANNON NO. 03-5402 ORDER FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please ENTER my appearance on behalf of Defendant, Sean Concannon in the above-captioned matter, RYAN, BROWN, McDONNELL, BERGER & GIBBONS, P.C, By]' 6~ Patrick J. Gibbons Attorney for Defendant Sean Concannon . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of my Entry of Appearance and Demand for Jury Trial was served by US Mail, first.class to: Laura Gargiulo, Esquire 305 North Main Street P.O. Box 999 Harrisburg, PA 17108 DATED: RYAN, BROWN, McDONNELL, BERGER & GIBBONS. P.C. By - 15~ Patrick J. Gibbons (.) ~'.,'1 -" ',,) (.)\ ,-' F..... '....' {>,," - - . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KOCH, v. NO. 03-5402 SEAN CONCANNON, Defendant CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned matter discontinued and ended. Respectfully submitted, z RYAN, BROWN, McDONNELL, BERGER & GIBBONS, P.C. ?{J;~ q.~ Patrick J. Gibbons, Esquire Pa Attorney 1.0. No.: id lIb 1600 Market Street, 14th Floor Philadelphia, PA 19103-7240 (215) 564-3800 Attorneys for Defendant THOMAS, THOMAS & HAFER, LLP Thomas S. Bru Pa Attorney 1.0. P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 Attorneys for Plaintiff . CERTlFICA TE OF SERVICE AND NOW, this 1th day of June, 2005, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Patrick J. Gibbons, Esquire Ryan, Brown, McDonnell, Berger & Gibbons, P.C. 1600 Market Street, 14th Floor Philadelphia, PA 19103-7240 THOMAS, THOMAS & HAFER, LLP ~t:7L Thomas S. Brumbaugh n r-' Q = c: <? -\1 U' ..,.-" .. '- --:1 :1- ""'i"I ~ , ~:;; n1p N _(1\>1 :.)~7 0 ,,) - ~_:~ C) , " -f) c.-'\ -.' (:;S~ _f" r::> (5\(1 ^---; ~~. 0-) ~ N '':< -