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Home My WebLink About11-5562IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIV Plaintiff(s) & Address(es) LEONARD D.W. SMITH, II, 216 WOLF BRIDGE ROAD, CARLISLE, PA 17015 ; and REBECCA A. DAVIS, 5L LINDEN COURT, CARLISLE, PA 17015 C 3 ISION z M ?r r :z zc:; 3>C-) C Case No. Civil Term VS. Civil Action Defendant(s) & Address(es) CHRISTOPHER P. GATHMAN 5097 DRIFT ROAD WALL, NJ 07719 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID C( Issue summons in the above case Writ of Summons shall be issued and forwarded Date Address: 407 NORTH FRONT ST., 1ST FLOOR HARRISBURG, PA 17101 Telephone #: 717-238-3686 Supreme Court ID Number: 53729 • • • • • WRIT OF SUMMONS Tn. CHRISTOPHER P. GATHMAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASMAVE COMMENCED AN ACTION AGAINST YOU. %-,, I I Prothonotary/Clerk, Civil Division Date: ry 1 by ru a C c:.a ?n c.-_* -rt ? C CD 7 Y U O 9a.oo Po ATTI e* Igla e# 0?&1W9 Anthony T. McBeth, Esqu'pre 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiffs LEONARD D.W. SMITH, NI and REBECCA A. DAVIS, , Plaintiffs V. CHRISTOPHER P. GATH AN, Defendant FILED-OFFICE ?i i_I i HE PROTHONOTARY 2411 DEC 21 PM 2: 05 OD PENNSY VAN A TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-05562 Civil Term JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter judgment by default against the Defendant and for Plaintiffs in that Defendant has failed to respond to the Complaint. Notice of intent to enter judgment was forwarded by first class ma?il, postage prepaid to the Defendant on December 8, 2011. A copy of the Notice is attached hereto. Damages are to be determined at a later proceeding. 3 Zoi We— Judgment entered as above. Date: Ia ,? 7Vnthony T. Mc h, Est` Attorney for Paint ff 407 North Fro , First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 Prothonotary - Id. auk 00 ?Z a? %0 w 10 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiffs LEONARD D.W. SMITH II and : IN THE COURT OF COMMON PLEAS OF REBECCA A. DAVIS, , ' : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. I NO. 2011-05562 Civil Term CHRISTOPHER P. GATHMAN, Defendant : JURY TRIAL DEMANDED IMPORTANT NOTICE TO, I-IRISTOPHER GATHMAN DATE OF NOTICE: DECEMBER 8, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF HIS 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO 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 (800) 990-9108 AVISO IMPORTANTE A: CHRISTOPHER P. GATHMAN FECHA DEL Avlso: DECEMBER 8, 2011 USTED ESTA EN RE ELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, E PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE ERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOW ENTO IMMEDIATAMENTE A SUE ABOGADO. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PA AR LINO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Date Attorney W 407 North F St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 LEONARD D.W. SMITH,!, II and : IN THE COURT OF COMMON PLEAS OF REBECCA A. DAVIS,, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 2011-05562 Civil Term CHRISTOPHER P. GATIHMAN, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ?I I, Anthony T. McBeth, Attorney for Plaintiffs, hereby certify that I have served the I attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Christopher P. Gathman 5097 Drift Road Wall, NJ 07719 196te III ?I fithony ZPIain , EkMire Attorney ffs 407 Nort, First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. #53729 LEONARD D.W. SMITH, II and : IN THE COURT OF COMMON PLEAS OF REBECCA A. DAVIS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 2011-05562 Civil Term CHRISTOPHER P. GATHMAN, Defendant : JURY TRIAL DEMANDED To Christopher P. Gathman, Defendant You are hereby (notified that on 1.2197/// _,the following Judgment has been entered against you n the above captione ca e: judgment as to liability with damages to be determine . DATE. U b7ii/t 1 Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Christopher P. Gathman 5097 Drift Road Wall, NJ 07719 A, Defendido/a Defendidos/as Por este medio so le esta notificando que el de del el/la siguiente Orden Decreto Fallo ha sido ano?ado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la sill uiente direccion es la del defendido/a sigun indicada en el certificado de residencia: g Abogado del Demandante LAW OFFICE OF JOHN I. GORDON. BY: JOHN I. GORDON, ESQ. ATTORNEY ID NUMBER: 43617 632 GERMANTOWN PIKE LAFAYETTE HILL, PA 19444 610-941-4911 -? 44prgie? Ir Christopher Gathman Leonard Smith & Rebecca Davis Plaintiffs V. Christopher Gathman Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2011-05562 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of John I. Gordon, Esquire, as counsel for Christopher Gathman in the above-captioned matter. LAW OFFICE OF JOHN I. GORDON BY: J I. Gordon Attorney for Christopher Gathman LAW OFFICE OF JOHN I. GORDON BY: JOHN I. GORDON, ESQ. ATTORNEY ID NUMBER: 43617 632 GERMANTOWN PIKE LAFAYETTE HILL, PA 19444 610-941-4911 Leonard Smith & Rebecca Davis NOTICE TO PLEAD TO: ALL PARTIES You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty in y 2 s from service her o judgme e ered against you. B Jo . Gordon, E Attorney for Defendant Plaintiffs COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Christopher Gathman No. 2011-05562 Defendant -73 °,. -G% -1 ANSWER AND NEW MATTER OF DEFENDANT - y TO PLAINTIFF'S COMPLAINT :rcD ._ N) , Defendant, Christopher Gathman, through Defendant's undersigned counsel, answers Plaintiffs Complaint in Civil Action as follows: 1-2. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, the allegations are denied. 3-5. Admitted. 6-7. Denied. The allegations contained in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are, therefore, denied. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, the allegations are denied. 9. Denied. The allegations contained in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are, therefore, denied. COUNTI 10. Answering Defendant incorporates by reference the responses to the averments set forth in all previous paragraphs as though same were fully set forth herein at length. 11-16. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, the allegations are denied. Moreover, the allegations contained in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are, therefore, denied. WHEREFORE, the answering Defendant, Christopher Gathman, denies liability on the cause of action declared upon. COUNT II 17. Answering Defendant incorporates by reference the responses to the averments set forth in all previous paragraphs as though same were fully set forth herein at length. 18. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, the allegations are denied. Moreover, the allegations contained in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are, therefore, denied. 12-16(sic.) Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, the allegations are denied. Moreover, the allegations contained in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are, therefore, denied. WHEREFORE, the answering Defendant, Christopher Gathman, denies liability on the cause of action declared upon. NEW MATTER DIRECTED TO PLAINTIFF By way of further answer, the answering Defendant avers the following New Matter: 1. The answering Defendant asserts all of the defenses available under the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. 1701 et seq., and avers that the Plaintiffs remedies may be limited exclusively thereto. 2. Plaintiffs claims for damages must be barred and/or reduced due to Plaintiffs failure to mitigate their damages. WHEREFORE, the answering Defendant, Christopher Gathman, denies liability on the cause of action declared upon. a- John I. Gordon Attorney for Defendant VERIFICATION John I. Gordon, Esquire states that he is the attorney for Christopher Gathman in this action and the facts set forth in the foregoing Answer to Plaintiffs Complaint with New Matter are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. F BY: Jo . Gordon, E e LAW OFFICE OF JOHN I. GORDON BY: JOHN I. GORDON, ESQ. ATTORNEY ID NUMBER: 43617 632 GERMANTOWN PIKE LAFAYETTE HILL, PA 19444 610-941-4911 Leonard Smith & Rebecca Davis , Plaintiffs V. Christopher Gathman Defendant ATTORNEY FOR Christopher Gathman COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2011-05562 PRAECIPE TO SUBSTITUTE VERIFICATION OF DEFENDANT TO THE PROTHONOTARY: Please substitute the attached Verification of Defendant for that of John I. Gordon, Esquire in the Answer and New Matter to Plaintiffs Complaint in the above-captioned matter. BY LAW OFFICE OF JOHN I. GORDON J t J I. Gordon Attorney for Defendant - t- , , t? E.. ? VERIFICATION Christopher Gathman states that he is the Defendant in this action and the facts set forth in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Christop err Gathman LEONARD D.W. SMITH, II and REBECCA A. DAVIS, Plaintiffs v. CHRISTOPHER P. GATHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 11-5562 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE . ..~., -~ TO THE PROTHONOTARY: Please mark the captioned case settled, discontinued and ended. ,31 ~o ate ~Cnthony T. Mc th, Es'C(~ Attorney for P ain 'ffs 407 North Fro t., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 5372'x+