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Home My WebLink About04-0536COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. o q _ S-36 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. R NAME OF D.J. FRANKLIN Gh'ANG ? 09-3-0 Thmmas plahot, ADDRESS OF APPELLANT CITY STATE IF CODE 5350 941 fi'more hr;le t-5Z ? a lI Ca q/ 9?2 DATE FJU GGENT IN THE ASE OF (PLAINTIFF) (DEFENDANT) 1q/D? PQVI t?astn? ?v?ara ?aod Mart VS. F/alklJn l'{.Q/l CLAI NO. SIGNATURE OF APPELLANT OR HIS ATTORNE OR AGENT CV YEAR /,,?? LT YEAR -- If{mod„/^'/'vh /CAA 1 r/ Zew&,iesGr This block will be signed ONLY when this notation is required under PA. It appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Sgnature of Prothonolery or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDAN-r (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 Prothonotary (?as/ t // /T?n?/??„ 1 /?? /?L Enter rule upon ?Q(f/ / //?q /?ItiIU/ gly / /!ll / appellee(s), to file a complaint in this appeal ..Name of appellees) (Common Pleas No. Q q - S36 RULE: To Am yd/1ny Twilo Na of appellee(s) within twenty (20) days after service of rule or ffer ntry of judgment of non pros. _ ?(ry Signature appellanrorhis attorney or agent ? , appellee(s) &d h (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 date of service of this rule upon you by personal 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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 2/4 , Year o2 O o V- White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold - D. J. Copy J /JV Sig t of rot otary or Deputy Froth. - 76 ,1 N n - - V t y 1 { ?,vv ""yy }..I TJ U ? "-I r -'A \v ? r f -, J m W ?'' - _ ry m C.0 -0 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. Check applicable boxes} COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated there- (dateof service) _ _ --__. __, year __ _. . , D by personal service O by (certified) (registered) mail, sender; receipt attached hereto, and upon the appellee, (name year ___. --- , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hews, and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year __ __ _ by personal service ? by (certified) (register sJ,I; mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THISDAY OF____ _-, YEAR___ SignuW 1u1 Alnai Signature of official before whom eftdavd was made Title of official My commission expires on __ ______, year _ _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND I Mag. Dal. No, 09-3-04 DJ Na,ne: Hon. THOMAS A. PLACEY Alan's: 104 a!. SPORTING HILL RD. MECHANICSBURG, PA Telepbow (7171 761-8230 17050 ATTORNEY FOR PLAINTIFF PATRICIA HAAS CORLL, ESQ. 800 NORTH 3RD ST. SECOND FLOOR HARRISBURG, PA 17002 THIS IS TO NOTIFY YOU THAT: Judgment: "1 14 2Q / 333 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL. CASE NAME and ADDRESS FPAUL BASTING TEXACO FOOD MART 6573 CARLISLE PIKE MEHCANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FCHANG, FRANKLIN, ET AL. 7 5350 BALTIMORE DRIVE #56 LLA MESA, CA 91942 J DocketNo.: CV-0000355-03 Date Filed: 7/15/03 DEFAULT ,7LTDGMFNT PLTF Judgment was entered for: (Name) PATTT. HARTTNR TF.XA('.n FnnP MART 7 Judgment was entered against: (Name) CHANG, FRANKT.TN in the amount of $ 1 ,q R7 _ Fq on: (Date of Judgment) 1 /(1q/04 11 Defendants are jointly and severally liable. (Date & Time) 7 Damages will be assessed on: Amount of Judgment $ 1,911.19 Judgment Costs $ 76.50 Interest on Judgment $ .00 This case dismissed without prejudice. Attorney Fees $ .00 Total $ 1,987.69 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $----__- damages arising out of residential lease $ 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 PLEAS, 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 DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT 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 THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '{ll TIr ! Date I . istriof 4N6Ce ae I certify that this is a true a correct copy of the record of the p oceedings cont'a'AngJthe judgment. Date District JuBjice. My commission expires first Monday of January, 2004. SE41 AOPC 315-03 DATE PRINTED: 1/09/04 8:59:48 AM POSta9° p Gartitled F°° ".? S ?1pt Fee Returne tFe9oi'edl ???} ? O (Endorsem Fee o,6 irRe9o'ttedl R° g 0 E O StaD°Bp°es t 'W81 PO S. r pq(07fo ------------- 7 1 alt ?? U lSBURG PA O S $ $0•37 (Entlome me Re Q t fn ent Heq O TOtal Padpeg/ il: vtt?, ._/_/. ' Ile r PROOF OF SERVICE OFNOTIC9=OF APPEAL ANO RULE TO FILE COMPLAINT (This proof of service MUST BE : ILED WITHIN TEN (10) DAYS AFTER t i( ,I the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLY aAIA COUNTY OFDftu pµ as AFFIDAVIT: I hereby swear or at! m that] served C t0`I a copy of the Notice of /A,ppiit"" /eal 1. ommon Pleas No. D 4 _J36 _ , upon the District Justice designated therein on WJ (date of service) L /'! / f 1 Tyear- I? by -i sonal service Al by Y c? (re!!i mail, sender's receipt attachedh. hereto, and ups,: i the appeal, (name • b ?t y f %S4. -- -' on ' en' _ ? by Personal service by !certified) (•ag b9id) male sander's receipt attached hereto. and further that I served the Ruh to File oar la`n accompanying the above Notice of Appeal upon theiappellee(s) to whom the Rule was addressed c t , year ?? , E] by personal service by (certified) (ragictered) mail, sender's receipt attached hereto. - SWORN (AFFIRMED) AND SUBSCRIBED 3EFOREE ME THIS 4744 DAY OF IQ-__ YEAR 260# k?rn4 S?gna-fume o/}o?/B.?C?iaLpl`b3e/o?r.e_wh??Jom??1 HMppp\\\{{{a??vi??lnyw???`s mad/e- Tale of onoin My commission expires on , year C. H OF PENN.. V Normal seat Aimee L. Fadmvire, Notary pnufio City Of HKdAUM Dauphin r.,e,uny My COmmirion Hxpim Apt. 17, ZD07 r ----- -?_- Signature of AHamf T ?z ca mFn Tar t = OQ ? < t? ?? s m Cn O' g ??uo:t ?? 6Z8lwrn-c FPfi tRt\?7 9QR r ? rk COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF DJ. pR,EL T CITY STATE ZIP CODE ADDREJOF D AP t?d???,?c?re 7#:5? 11?escc (f,?r(•A? (.(j//14 Z DATE FJ GGENT IN THE ASE F(PLAINTIFF) ? i (DEFENDANT) q D QQ?1. s n vra? ?d Aft l r`it?J r;, ", rt CLAIM NO. -Cy -U SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR LT YEAR ' !"? ? ? ??r 13Fr??! {"• ?-CU//.iJ ?Si/:, This block will be signed ONLY when this notation is required under PA. It appellant was Claimant (see PA R.C.P.J.P. R.C. P.J.P. No. 1008B. No. 1001(6)) inaction before district Justice, he This notice of Appeal, when received by the District Justice, will operate as MUST FILE A COMPLAINT within twenty (20) A SUPERSEDERS to the Judgment for possession in this case. days after filing his NOTICE of APPEAL. or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.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 Prothonotary j ??j?jJ/// Enter rule upon f (1 / ' )?! I mj "- "` % fl it --, appellee(s), to file a complaint in this appeal Name or apponee(s) (Common Pleas No. 4t ) within twenty (20) days after service of rule or uffer enXy of judgment of non pros. a r' d /ns,?l Signature "appellant or his attorney or agent j 4 -r' RULE: To F '?I fjo'%l ? jt/ ? N /7 aPPellee(s) Name or aPPettee(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 date of service of this rule upon you by personal 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 UPON PRAECIPE. (3).- The date of service of this rule if service was by mail is the date of the mailing. ^) 7 Date: oz i , Year _ ?- -- Signature of Protl{o otary or Depury White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink -- Appellee Copy Gold - D. J. Copy Ploth. - 76 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAUL HASTING TEXACO FOOD MART: CP No.: 04-536 Plaintiff VS. Arbitration Division FRANKLIN CHANG Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800/990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAUL HASTING TEXACO FOOD MART: CP No.: 04-536 Plaintiff vs. Arbitration Division FRANKLIN CHANG Defendant. AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dlas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqul en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede pe:rder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER: INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800/990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL HASTING TEXACO FOOD MART : Plaintiff, CP. No. 04-536 (Arbitration Division) V. FRANKLIN CHANG Defendant. COMPLAINT AND NOW comes the Plaintiff, PAUL HASTING TEXACO FOOD MART, by and through its undersigned counsel, Weber Gallagher Simpson Stapleton Fires and Newby, LLP, Patricia Haas Corll Esquire, and files the following Complaint in Civil Action against the Defendant as follows: FACTS Plaintiff, Paul Hasting Texaco Food Mart, is an entity physically located and doing business at 6573 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Franklin Chang resides at 5350 Baltimore Drive, #56, La Mesa California. 3. At all times relevant hereto, Plaintiff was located at the above address and engaged in the business of running a gasoline station with a convenience mart. 4. At all times relevant hereto, Defendant, Franklin Chang, was driving a 2001 minivan bearing license plate BZG1869 owned by and rented from Forresters Lincoln Mercury. 5. On or about July 12, 2001, at approximately 9:35 a.m., Defendant was driving the above- referenced minivan on SR 11 (Carlisle Pike) southbound between SR 114 and Old Willow Road. In this area, SR 11 has two lanes going southbound. Defendant was traveling in the right hand lane and a vehicle driven by Harold B. Cassell was in the left hand lane going south. As the aforementioned vehicles approached the location of the Plaintiff Texaco Food Mart, Defendant Chang negligently made a left hand turn from the right hand lane in an apparent attempt to enter the location. In the process, Chang negligently struck the vehicle being driven by Mr. Cassell, driving both vehicles from the roadway and across the parking area of the convenience store into a gasoline island and set of gasoline dispenser pumps. 7. This impact caused property damage in the amount of $1,911.09. COUNTI Plaintiff v. Franklin Chang 8. Plaintiff incorporates paragraphs one through seven above by reference as if set forth more fully herein. 9. The aforementioned damages were the direct and proximate result of the Defendant Chang's negligence, carelessness, recklessness, and or intentional conduct more specifically described as follows: a) Driving a vehicle in careless disregard for the safety of other persons by operating a vehicle in a manner that was too fast for the traffic and weather conditions; failing to maintain his lane of travel; and making a left hand turn from the right hand lane thereby colliding with the vehicle driven by Cassell driving both vehicles into the property of the Plaintiff, Texaco Food Mart. b) Failing to use reasonable care by operating a vehicle in a manner that was too fast for the traffic and weather conditions; failing to maintain his lane of travel; and making a left hand turn from the right hand lane thereby colliding with the vehicle driven by Cassell driving both vehicles into the property of the Plaintiff, Texaco Food Mart . c) Driving said minivan in a manner that violated- the ordinances of Silver Spring Township and the statutes of the Commonwealth of Pennsylvania governing the safe operation of motor vehicles on the streets and highways by operating a vehicle in a manner that was too fast for the traffic and weather conditions; failing to maintain his lane of travel; and making a left hand turn from the right hand lane thereby colliding with the vehicle driven by Cassell driving both vehicles into the property of the Plaintiff, Texaco Food Mart. d) Failing to be attentive when driving by operating a vehicle in a manner that was too fast for the traffic and weather conditions; failing to maintain his lane of travel; and making a left hand turn from the right hand lane thereby colliding with the vehicle driven by Cassell driving both vehicles into the property of the Plaintiff, Texaco Food Mart. e) Failing to yield the right of way when driving by operating a vehicle in a manner that was too fast for the traffic and weather conditions; failing to maintain his lane of travel; and making a left hand turn from the right hand lane thereby colliding with the vehicle driven by Cassell driving both vehicles into the property of the Plaintiff, Texaco Food Mart. 10. As a direct and proximate result of the aforesaid negligence, carelessness, recklessness and/or the intentional conduct of Defendant Franklin Chang, Plaintiff sustained damage to its property in an amount not in excess of $1,987.69. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in an amount of $1,987.69 together with interest, costs of suit, delay damages and such other relief as this Court deems appropriate under the circumstances. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. PAP# 59238 C el for PI 800 N. 3rd. Street, Second Floor Harrisburg, Pennsylvania 17102 Phone: (717)237-6940 VERIFICATION The averments or denials of fact contained in the foregoing are true based upon the signer's personal knowledge information or belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable to ascertain which of the statements are true, but signer has no knowledge or information sufficient to form a belief that one of them is untrue. Pursuant to Pa. R.C.P. 1024, this verification is being taken by signer, rather than a party because, time is of the essence and the party is outside the jurisdiction of the court. This verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: /? CERTIFICATE OF SERVICE I, Patricia Haas Corll, Esquire, hereby certify that I am this day serving a true and correct copy of the foregoing Complaint 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, at Harrisburg, Pennsylvania, with first-class postage prepaid, Certified Mail, Return Receipt Requested, addressed as follows: Kenneth L. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17101 Date: February 4,"2004 Haas ftfll, Esquire N ? C7 ca _;l _A - fil - CJ i _ r? ir_? ?io PAUL HASTING TEXACO FOOD IN THE COURT OF COMMON PLEAS OF MART, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CP No. 04-536 (Arbitration Division) FRANKLIN CHANG, Defendant RESPONSE WITH NEW MATTER 1. The defendant is without sufficient information and belief to respond to this allegation. 2. Admitted. 3. The defendant is without sufficient information and belief to respond to this allegation. 4. It is admitted that Franklin Chang was driving the vehicle and that a third party rented it from Forresters Lincoln Mercury. The owner is unknown. 5. Admitted except the inference that the two mentioned vehicles were driving together. The vehicle driven by Mr. Cassell was initially far behind the vehicle driven by Mr. Chang. 6. Denied. While Mr. Chang was turning into the subject service station (having already moved into the left lane) with his two front wheels already on the service station's ground, the left rear portion of his vehicle was hit by the vehicle driven by Mr. Cassell. Mr. Cassell's vehicle, which was speeding, slammed into the vehicle driven by Mr. Chang, forcing the vehicle to travel approximately twenty feet into a gas pump, though Mr. Chang was applying the brakes. Had Mr. Cassell been driving the appropriate speed and in a prudent and careful manner, there would have been no collision. 7. The defendant is without sufficient information and belief to respond to this allegation. 8. No response is necessary. 9. Paragraph 9 and its subparagraphs are denied for the reasons stated in paragraph #6 above. 10. It is denied that Mr. Chang caused the damage. Mr. Chang is without sufficient information and belief to know the amount of the damage. NEW MATTER 11. The Defendant hereby incorporates paragraphs 1 through 10 of his Answer as if set fully herein. 12. The Defendant asserts the Statute of Limitations affirmative defense. The subject incident occurred on July 12, 2001. A Complaint was filed at the District Justice level on July 15, 2003 (the hand-written date) or July 25, 2003 (the date stamped on the Complaint). The Complaint was not served upon the Defendant at that time. The Statute of Limitations is only tolled by filing the pleading within the applicable time and promptly serving the pleading. WHEREFORE, Defendant requests this Court to dismiss Plaintiff's Complaint. Respectfully submitted, DATE: 3/12/04 K NET F. LEWIS, ESQUIRE A torn y for Petitioner/Defendant I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 Pursuant to Pa.R.C.P. 1024(c), I verify the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I have obtained this information from the Defendant who resides in California. I cannot obtain the Defendant's written verification prior to the filing deadline of this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3/12/04 KE NETH F. LEWIS, ESQ. c nsel for Defendant CERTIFICATE OF SERVICE I certify I have served a true and correct copy of this document by U.S. mail, postage prepaid at Harrisburg, PA, upon attorney for Plaintiff, addressed as follows: Patricia Haas Corll, Esq., 800 North 3rd St., Ste. 200 Harrisburg, PA 17102 3/a o? KEN TH . LEWIS, ESQUIRE T ( T? ?Tl 'c' ca N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL HASTING TEXACO FOOD MART : Plaintiff, CP. No. 04-536 (Arbitration Division) V. FRANKLIN CHANG Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, PAUL HASTING TEXACO FOOD MART, by and through its undersigned counsel, Weber Gallagher Simpson Stapleton Fires and Newby, LLP, Patricia Haas Corti Esquire, and replies to the New Matter contained in Defendant's Answer as follows 11. The Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 11 of its Complaint as if set forth more fully herein. 12. The allegations contained within paragraph #12 constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Plaintiff avers that the Complaint was filed at the District Justice level on Monday, July 14, 2003. It is also averred that prompt efforts to serve the Complaint began immediately upon filing the same and continued until the time of service. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. Patricia Ha orll, Esquire PA ID##'S9? 18 Counsel for Plaintiffs 800 N. 3rd. Street, Second Floor Harrisburg, Pennsylvania 17102 Phone: (717)237-6940 VERIFICATION The averments or denials of fact contained in the foregoing are true based upon the signer's personal knowledge information or belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable to ascertain which of the statements are true, but signer has no knowledge or information sufficient to form a belief that one of them is untrue. Pursuant to Pa. R.C.P. 1024, this verification is being taken by signer, rather than a party because, time is of the essence and the party is outside the jurisdiction of the court. This verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: Pat cia 6 Corll, Esquire + CERTIFICATE OF SERVICE I, Patricia Haas Corll, Esquire, hereby certify that I am this day serving a true and correct copy of the foregoing Complaint 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, at Harrisburg, Pennsylvania, with first-class postage prepaid, Certified Mail, Return Receipt Requested, addressed as follows: Kenneth L. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17101 Date: March 04 Corll, Esquire ?l ?? j ? ._? -fl _ ?'_.'.? 3'. rl `P ?? ? < =C?(Ti , ?"', C_1 -_ ti -[ '_i (1 _ .? _._- Gz Curtis R. Long Prothonotary office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n'j-/ - Ss 3 !c CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573