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Home My WebLink About09-0591Comrno*?wealth of Pennsylvania Court of Common Pleas Judicial District NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGEMENT ' Common Pleas No. Q I- 5(j O;V. e * NOTICE OF APPEAL 1 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 D.J. State Farm insurance Companies P.O. Box 142, Concordville, PA ?t fJd t 19331-0142 91-1-01 a e o u gmen In The Case ut (narnan) (Defendant) 01/07/09 Shanahan, Kelly/Sean v State Farm Insurance Companies ? Claim No. TA19 CV0000604-08 Signature of Appellant or His Attorney or Agent This bock will be signed ONLY when this notation is required un r pa* R.C.P.J.P. No. 10088. Ifappe/lant was aimant (see Pa. R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will tperate as No. 1001(6) in ction before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after riling his NOTICE OF APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of the 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 Enter rule upon Kelly/Sean Shanahan , appellee(s) to file a complaint in this appeal Name of Appellee(s) (Common Pleas No. 09- 59? ?1vil ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Fan" ./1i,4 - of /J / ® / /f i / _ Signature of a t or his attorney or agent RULE: To Kelly/Sean Shanahan , appellee(S) Name of Appellee(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 `he 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. (3) The date of service of this rule if service was by mail is the date of mailing. Date: c1o 04 tore of Prothonotary or Deputy A oa ?p r- rn r E 5 p n rri rn ~ COMMONWEALTH OF PENNS- `ANIA rot IIVTY op. CUMEZILUM Mag. Dist. No.: 09-1L-011 i?L;/? NOTOC E O QUDDGfi?ENT/TRANSCMPT uM CASE PLAINTIFF: NAME and ADDRESS rS o gf/S1)?F?? -1 3901 S11$>I 0 RD CA" HILL. P& 17012 L -? vs. DEFENDANT: NAME and ADDRESS rST&TZ IP2 1 A== ? PO 1142 OO2!CO LLZ, PA 119331-0142 L Docket No.: CV-0000604-05 Date Filed: 1111/718/00 ATTOPIM Di7 NZGKAZ SR>ZVATZ MICZAM W. 222 Z. ORAME ST LAMCUTZR, Pit 717602-29115 THIS IS TO NOTIFY YOU THAT: Judgment: IrOR PL&X 1 TX]r1r (Date of Judgment) 71/07/09 ® Judgment was entered for: (Name) Ste, MKLLY/Sx" ® Judgment was entered against: (Name) ST. FARM ZZOURAMM COMPMXZS in the amount of $ 3 Y 367 ° 5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs $ 3.274.344 $ 93.25 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 30367°59 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 PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JAN m 7 2001 Date I certify that this is a true and correct copy of the record of the Date My commission expires first Monday of January, 2014 Magisterial District Judge gs containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 lR11RTZD9 11/07/09 3 s 714 s 00 1E BENNETT, BRICKLIN & SALTZBURG LLP PHILADELPHIA OFFICE 1601 MARKET STREET ATTORNEYS AT LAW 16TH FLOOR 222 E. ORANGE STREET PHILADELPHIA, PA 19103-2393 (215) 561-4300 LANCASTER, PENNSYLVANIA 17602 FAX: (215) 561-6661 (717) 393-4400 NEW JERSEY OFFICE FAX: (717) 393-4322 EXECUTIVE MEWS WEBSITE: www.bbs-law.com SUITE H-43 1930 EAST MARLTON PIKE WRITER'S EMAIL: wagman@bbs-law.com CHERRY HILL, NJ 08003 (856) 751-5285 PAX: (856) 751-5281 February 2, 2009 Curtis R. Long, Prothor. JntACe Cumberland County CoI So tiOv C cLn One Courthouse Square 40 Carlisle, PA 17013 0. Vr -,-Z)e6 .. 1jLase Farm Docket No.: CV-0000604-08 District Justice Appeal Our File No.: 99292 Dear Mr. Long: BLUE BELL OFFICE FIVE VALLEY SQUARE SUITE 200 512 EAST TOWNSHIP LINE ROAD BLUEBELL, PA 19422 (267) 654-1100 FAX: (267) 654-1122 tv-11 Enclosed please find the original and three copies of the Notice of Appeal from District Justice Judgment for filing in the above matter. I have also enclosed a copy of the Notice of Judgment from the District Justice and our check in the amount of $78.25 to cover the filing costs of same. Please conform the Praecipe to Enter Rule to File Complaint and Rule to File and return the copies of same to me in the envelope provided for your use. If you have any questions regarding my requests, please feel free to contact our office. Sincerely, Michael W. Wagm MWW/cam Enclosures ORIGINAL w TF =- rv ;?rrs 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 Cumberland ; SS AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 09-591 , upon District Justice designnated therein on (date of service) 02/10/09 , 20 ? by personal service )91 by certified/QWM mail, sender's receipt attached hereto, and upon the appellee, (name) Kelly/Sean Shanahan , on 02/10/09 , 20 ? by personal service 91 by certified email, sender's receipt attached hereto. 991 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 02/10/09 -,20 ? by personal service E by certified/ffAjWl mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 0AY OF 4t&U 20j-?- b - mawry\ SIGNATURE O OFFICIAL BEFORE WHOM AFFIDAVIT WAS MADE J U TITLE OF OFFICIA MV Commission Ex,)ires on v`-- I 20/ 2- CaMMONWEALTM of Pig snvANM? NOWW tW ?Ci?y.. MlMa A. MDl*K Notary Pubft NOMMIS M7 Member, PennsyNaMa ASNOMW Of OF AFFIANT -0 • - I- (Domestic Mail Only ; No Insurance Coverage Provided) E3 i For delivery informatio n visit our website at www.usps.comi M , Postage Z- C3 0 Certified Fee C3 Retum RedW Fee P Herne (Frrdoraemerd Required) U C3 Restrided Delivery Fee rj (f:ndOfeelrlent Required) rq M Total Postage & Fees $ S.3 M o To t dn ---- w------------------ aPO Box Na - - ---------------- ?, BhM aW4 --- ------ s - j. dn ix - ---- ------------------ ell 1 P /)0/1 US Postil Serv?ci L, M (Domestic Mail Only; No Insurance Coverage Provided) m m OFFICIAL USE 171- Ul postage a ` f ?- ru f:ertllied Fee tj M Posarrark Retum Redept Fee Here O (Endorsement Required) O Restricted Delivery Fee ra (Endorsement Required) 'q 2. ITI Total Postage & Fees $ m 7arPO..char.- -- ---- A-Drad 4 r- NNE w - -W ozNa d t O!d /O+.aJ ?s - 7bo1d,?` ................. ----------- I&fuC PA 01 a Kelly Shanahan, Sean Shanahan, Plaintiffs VS. State Farm Insurance Companies Defendants :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA :NO. 09-591 :CIVIL TERM N 0 T I C E T O D E F E N D 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. Central PA Legal Services Lawyers Referral Service 213A North Front Street OR 100 Pine Street Harrisburg, PA 17101 P.O. Box 186 1-800-932-0356 Harrisburg, PA 17108 1-800-692-7375 William C. Diss' ger Attorney for Plaintiffs v Kelly Shanahan, Sean Shanahan, Plaintiffs VS. State Farm Insurance Companies :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA :NO. 09-591 :CIVIL TERM COMPLAINT 1. Plaintiffs are Kelly Shanahan and Sean Shanahan, wife and husband, residing at 3901 Gettysburg Road, Camp Hill, PA, 17011. 2. Defendant is State Farm Insurance Companies with a business address at PO Box 142, Concordville, PA 19331-0142. 3. Plaintiffs maintained automobile insurance through Defendant (Policy No. 0912-192-38L). 4. On October 10, 2007, Plaintiff sold one vehicle and purchased another. 5. Plaintiff, Kelly Shanahan, contacted Defendant and reported this change giving Defendant the particulars of the new vehicle and requesting coverage. This was done within 30 days of the purchase of the new vehicle. 6. On December 19, 2007, Plaintiff Sean Shanahan, was involved in a vehicle accident while operating the new vehicle resulting in a Magisterial District Judgement against him in the amount of $3,274.34. 7. Defendant has denied coverage and has refused to defend and indemnify Plaintiffs. 8. Defendant had an obligation to defend and indemnify Plaintiff against such claims and suits. WHEREFORE, Plaintiffs, Kelly Shanahan and Sean Shanahan, request judgement against Defendant, State Farm Insurance companies, in the amount of $3,374.34 plus costs and interest. Respectfully Submitted, DISSINGER & DISSINGER William C.lbissinger, Esq. Supreme Court ID 27737 400 S. State Rd. Marysville, PA 17053 (717)957-3474 (717)95702316 - fax VERIFICATION I, Kelly Shanahan, verify that the statements made in the foregoing 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 unsworn falsification. .?? of 9 - -- Jil? I., , y ahan, laintiff Kelly Shanahan, :IN THE COURT OF COMMON PLEAS Sean Shanahan, :OF CUMBERLAND COUNTY Plaintiffs :PENNSYLVANIA VS. :NO. 09-591 State Farm Insurance Companies :CIVIL TERM CERTIFICATE OF SERVICE I, William C. Dissinger, Esquire , do hereby certify that a copy of the foregoing document has been duly served upon the following person(s), by depositing same in the United States Mail, postage prepaid, addressed as follows: Michael W. Wagman, Esq. Bennett, Bricklin & Saltzburg, LLP 222 E. Orange Street Lancaster, PA 17602 Date: Wi 1' C. issinger, Esq. Attorney for the Plaintiffs z"-, ?a ??..? `?:' ? ? •? `? ',? _-? F y ? ? ? + 1 ?? ?? ?. } ?" ...? r"1 Ty1 , .? ? ' ?}s . t? "`' ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP ATTORNEY FOR DEFENDANT BY: Michael W. Wagman, Esquire State Farm Insurance Companies I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 KELLY/SEAN SHANAHAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DOCKET No. 09-591 STATE FARM INSURANCE COMPANIES JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and it therefore is deemed to be denied. 5. Denied as stated. It is admitted that Kelly Shanahan may have contacted Defendant's agent about the possibility of obtaining a new vehicle. The purchase had not yet occurred, and the particulars of the new vehicle purchase were not provided. Further, inasmuch as Defendant is uncertain of the precise date when the purchase occurred, Defendant can neither admit nor deny the last sentence of this paragraph. 6. Admitted. 7. Admitted. 1 8. This paragraph states a conclusion of law to which no responsive pleading is required, and to the extent it may be construed to contain an averment of fact, it is denied. WHEREFORE, Defendant demands that judgment be entered in its favor and against Plaintiffs with costs and fees as allowed by law. BENNETT, BRICKLIN & SALTZBURG, LLP BY: Dated: W/??/ ael W. W'Agmar Farm Insurance es for Defendant 2 VERIFICATION I verify that the statements made in the Defendant's Answer to Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believes them to be true. I verify that the verification of Defendant cannot be obtained within the time allowed for filing the pleading herein. I understand that false statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. I am authorized to execute verifications on behalf of the Defendant herein. BENNETT, BRICKLIN & SALTZBURG LLP Daet: ht ?/ BY: M?teFarnm W. Wa man, Atto for Defendant S Insurance Comn vies A BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ATTORNEY FOR DEFENDANT State Farm Insurance Companies KELLY/SEAN SHANAHAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DOCKET No. 09-591 STATE FARM INSURANCE COMPANIES JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Defendant's Answer to Complaint in the above-captioned matter on the person listed below by first class mail, postage prepaid: William C. Dissinger, Esquire 400 S. State Road Marysville, PA 17053 (Attorney for Plaintiff) BY: BENNETT, BRICKLIN & SALTZBURG, LLP ael W. Wagman, Attorn or Defendant S to Farm Insurance Compa ss Date: ?/?/07 FJLED--+ r?'ilE OF THE P JTt-?01'` TARY 2009 APR 14 AM 10: 31 Jl"NTY ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 KELLY/SEAN SHANAHAN vs. ATTORNEY FOR DEFENDANT State Farm Insurance Companies COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET No. 09-591 STATE FARM INSURANCE COMPANIES JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the Verification to Defendant's Answer to the Complaint signed by counsel with the Verification of Lisa Morse-Rothwell, Claims Adjuster, State Farm Insurance Companies which is attached hereto. BENNETT, BRICKLIN & SALTZBURG, LLP BY: Mic el W. Wa?man, Attorney for Defendant St /e Farm Insurance Comna P? Date: #-/ - ? //l'- I r VERIFICATION I verify that the statements made in the foregoing Defendant's Answer to the Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to facts based on the information of others, the undersigned, after diligent inquiry, believes them to be true. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. 33 Date isa Morse-Rothwell, Claims Adjuster BENNETT, BRICKLIN & SALTZBURG LLP BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 KELLY/SEAN SHANAHAN vs. ATTORNEY FOR DEFENDANT State Farm Insurance Companies COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET No. 09-591 STATE FARM INSURANCE COMPANIES : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the to Substitute Verification in the above-captioned matter on the person listed below by first la slmail, Postage prepaid: William C. Dissinger, Esquire 400 S. State Road Marysville, PA 17053 (Attorney for Plaintiff) BENNETT, BRICKLIN & SALTZBURG, LLP BY: Date: ?// ?-A) ael W. Wa?man, Attorneys or Defendant Farm Insurance Comm,,; C? O C _71 Kelly Shanahan, :IN THE COURT OF COMMON PLEAS Sean Shanahan, :OF CUMBERLANC) COUNTY Plaintiffs :PENNSYLVANIA vs. :NO. 09-591 State Farm Insurance Companies :CIVIL TERM Defendants PETITION FOR APPpINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: William C. Dissinger, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action §3374.34. There is no counterclaim. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William C. Dissinger, Michael W. Wagman. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RESPECTFULLY SUBMITTED DISSINGER & DISSINGER William C. ssinger Attorney f' r Plaintiffs Supreme Court ID#27737 400 S. State Rd. Marysville, PA 17053 (717)957-3474 Kelly Shanahan, :IN THE COURT OF COMMON PLEAS Sean Shanahan, :OF CUMBERLANI) COUNTY Plaintiffs :PENNSYLVANIA vs. State Farm Insurance :NO. 09-591 Companies :CIVIL TERM Defendants CERTIFICATE OF SERVICE I, William C. Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon the following individuals by depositing same in t:he United States Mail, postage prepaid, addressed as follows: Michael W. Wagman, Esq. Bennett, Bricklin, & Saltzburg, LLP 222 E. Orange Street Lancaster, PA 17602 Date : 7 ~ ~ ~0` William C. Dissinge r 2~Q~ .sU~ ~~ ni`i ~~ Q `J ec~~1Rk4: .~, ~.;~.-~~ 9~ay. oa ~d ~~ ,~-#a~~'31~5