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Home My WebLink About01-4982CO~4MONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT Of COMMON PLEAS /:ROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT 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. cv I ~is ~t~e of A~ol, ~en mc~ by t~ District Justice, will ~m~ as o lO01(6)in~ti~f~eOistriotJ~tice,~MUST ~PEESEDEA5 ~ t~ j~g~ ~ po~s~ in this cos~ FILE A COMPLAINT within twenty (20) da~ after S~a~re of ~t~y ~ ~ty filing his NOTICE of A~EAL. PRAEClPE 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.I~ 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 ~'~ t~,l ~' '~' , appellee(s), to file a complaint in this appeal (C°mm°n Pleas N°' ~/--'~(~e~c~ ~./'/)~/...~"~ )witappe/~e~is~ twenty (20)days after service.of ru~ or suffer entry _G~udgment of hen r'-~s. Ne~e of a~e#ee( s ) , appe~ ee[s ~, (1) You am 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. (3) The date of service of this rule if service was by mall is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE CO~'~PLAINT ( i'~ia , o(~f of s~vic M~$T ~E ~t EE N ~tO~ DA YF~ AFTE~ fgihg the r~c~tJce of appea~ Check appticab~ boxes) ,. ::pyo~the qo[ice of Appeat ~onmon Pleas No, pot~ he Disttct ~s{ o sevce [~3 by persora service ~ by (certified) (registered) ma~l, sender's r-* by ~e¢ ofuJ service F~ by (cedified) {registered) HaS :ay O ..... 9 Sigl;atu'le Of affiant COM_MONWEALTH OF PENNSYLVANIA COUNTY OF: ~E~E, At~E) Mag. Oist, Ne.: 09-3-04, DJ Name: Hen, THOMAS A. PLACEY A~d~,~: 104 S. SPOHTING HILL RD. MECHANICSBURG, PA (717) 761-8230 17050 ATTORNEY DEF PRIVATE MICHAEL PYKOSH, ESQ. 38O5 MARKET ST CAMP HILL, PA 17011 PLAINTIFF: CIVIL CASE NAME and ADDRESS ~STER, MICHAEL A NOTICE OF JUDGMENT/TRANSCRIPT 1363 PRINCETON RD MECHANICSBKIRG, PA 17055 VS. DEFENDANT: NAME and ADDRESS FJOHNSEN, JUSTIN JORGEN 22 S. LETORT DRIVE CARLISLE, PA 17013 Docket No.: CV- 0000285- 01 Date Filed: 6/01/01 -I THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTIFF J--~ Judgment was entered for: (Name) ~'] Judgment was entered against: (Name) in the amount of $ R: An3_Fi0 on: ] Defendants are jointly and severally liable. ] Damages will be assessed on: This case dismissed without prejudice. (Date of Judgment) (Date & Time) Amount of Judgment Subject to Attachment/Act 5 of 1996 $. Levy is stayed for days or [] generally stayed. "--]Objection to levy has been filed and hearing will be held: Amount of Judgment $ 6,405.00 Judgment Costs $ 97.50 interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6,502.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Place: Time: 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 ~E OF JUD~~RIPT FORM WITH YOUR NOTICE OF APPEAL. q-~.~ ~'0 / Date ~ ~"/. ~.._..7~ ,District Justice '1 certify that this is a true ar~trre f the p/oceedings containing the judgment. [t7-3'-0' Date ~ I//I ~~ ' District JusticeI My commission expires first Monday of Januar~ [ 2004, SEAL AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This preof of aervice MUST BE FILED WITHIN TEN (t0) DA YS AFTER ftlin~7 the r~otice of appeaf, 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,(~-J,---~'q ~' ~' , upon the District Justice designated therein on (date of service) <~ ~.cj _JO ! , [~ by persor~al service ~ by (certified) (registered) mail, sender's receipt ?tached hereto, and upon the appellee, (name) ~£~c~_ ~ ~'~'L"'/~' , on ~ ~ ~-~' ,,~t~ t E~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto ~ and iu'rther that I servedthe Ruleto FileaComplaintaccompanyingtheabove NoticeofAppeal upon theappellee(s)towhom the Rule was addressed on ~',~' ----- ,,,.~1~ ! , ~ by personal service ~ by (certified) registered) mail, sender's receipt attached hereto, Signature of affiant m~3~"' B'"Ltl Postage $ ~'2.~.0 ~ ~ ~ . ;~: ri ~ r~) ~o be comple~d by mal~O ~ ~.:~..~ ......... 5 .................................... ~ ~ ~ ~...~mt..~ ............................................. iI~NDER: ~ also wish to receive the · Complete items 1 and/or 2 for addlflonel serv~es, foIIowlnn services (for an i · · Print your name and address on the reverse of this form so-that we can return this extra fee). ] ~ ·AC~tt~,~l~u~is~ormtothefrontofthemellpiece, or on the back if space dces nof 1.ri Addresese'sAddrese , ~ ·~tn~eet;Fl~umRecelptRequested. onthemmlplecebelowthee~j~flenur~ber. 2. r-I RestrictedDelivery ~1~ · deTheliveRntre~l~ Receipt will show to wt~rn the article was deli.red and the date Consult postmaster for fee. ~ 3. Article Addressed to: 1 4a. Article Number ~ "- ~ ..... ~,, ~ I [] Registered ~,Cert~ ~. I~/~-'~I"~, ,~)~ ¥"10~) I ~, Return Receipt forMerchandiss [] COD · 5. Rece~LB~,(PrintNameJ._/~ I -- ~ 18~Addr'ess(Onlyifrsquested m e. ~,an~e~m,~e orAgent) ~ ORIGINAL JOI~N M. GL~CE ATI'ORNEY AT LAW 132-134 WALNUT STREET HARRISBURG, PENNSYLVANIA 17101-1612 ORIGINAL MICHAEL A. STER, Plainitiff JUSTIN JOERG JOHNSEN, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4982 CIVIL TERM : CIVIL ACTION - LAW COMPULSORY ARBITRATION 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 is served, by entering a written appearance personally or by attorney and by filing in writing with the Court your defenses or objections to the claims set fbrth 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 the 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 COURT ADMINISTRATOR'S OFFICE Second Floor, Rear Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la feehe de la demanda y la notifieacion. Usted debe presentar una apariencia escrita o en persona. Sea avisado que si usted no se defiende, la eorte tomara medias y puede entrar una orden contra usted sin previo aviso o notificaeion y pot eualquier quaja o alivio que es perdido en la petieion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EO DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE Second Floor, Rear Cumberland County Courthouse One Courthouse square Carlisle, PA (717)240-6200 MICHAEL A. STER, : IN THE COURT of COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA : v. : No.: 01-4982 CIVIL TERM .. JUSTIN JORGEN JOHNSEN, : CIVIL ACTION - LAW Defendant : COMPULSORY ARBITRATION Complaint AND NOW this / ]7 - day of September, 2001 comes Plaintiff MICHAEL A. STER and respectfully presents this Complaint and, in support thereof, avers the following: 1. Plaintiff MICHAEL A. STER is an adult unmarried individual who resides at 1363 Princeton Road, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant JUSTIN JORGEN JOHNSEN is an adult unmarried individual who resides at 22 South LeTort Avenue, Carlisle, Cumberland County, PA 17013. 3. Plaintiff, on March 10, 2001, was the owner of 1999 Chevrolet Cavalier (hereinafter Cavalier). 4. Defendant, on March 10, 2001, was the authorized operator of 1987 Mercury (hereinafter Mercury) owned by his mother, Julie A. Johnsen, also residing at 22 LeTort Avenue, Carlisle, Cumberland County, PA. 5. On or about 12:30 AM, Saturday March I 0, 2001, Plaintiff, accompanied by a passenger, was driving northbound on Good Hope Road, Hampden Township, Cumberland County in the Cavalier and appmacbed the traffic signal at Creek Road. The sisal was green and Plaintiff drove through the aforesaid intersection when a Mercury entered the intersection, travelling east to west, on Creek Road. 6. Plaintiff, at that time and place, attempted to stop; but collided with the Mercury which had proceeded partially through the intersection. 7. As direct and proximate result ofthe aforesaid collision, Plaintiff's sustained the following damages: a. Repair to the Cavalier ...................... $8,097.79 b. Towing Charges .................................. $75.00 c. Storage Charges ................................ $390.00 d. Additional Charges from Roadside .... $45,00 Rescue Total Damages $ 8,597.79 8. The foregoing motor vehicle accident and all damages, direct or consequential, as previously set forth and sustained by the Plaintiff are the direct and proximate result of the negligent, careless, wanton and reeldess manner in which Defendant operated his motor vehicle as follows; a. Failure to maintain high degree of care required of a motorist entering an intersection; and b. Failure to properly observe traffic signals controlling Defendant's direction of travel; and c. failure to operate his motor vehicle in accordance with existing traffic eondifious and traffic controls; and d. Failure to apply brakes in time to avoid the collision; and e. failure to keep proper and adequate control of his vehicle: and Attempting to enter an intersection when such movement could not be safely accomplished; and f. Driving his vehicle upon the highway in a manner endangering persons and property and in negligent manner with careless disregard to the rights and safety of others g. Failure to drive his vehicle with due regard for highway and traffic conditions which were existing and of which he should have been aware. WHEREFORE PlaintiffMICHAEL A, STER demands Judgment from Defendant JUSTIN JORGEN JOHNSEN in the amount of $8,$97.79 plus cost of suit and interest. By Local Rule of Court, said amount requires compulsory arbitration. Respectfully submitted: The Law Offices 7hn M. Glaee l ]lace, Esquire 132-]~/~Vahaut Street Har~l~g, PA 17101-1612 Supreme Ct. ID: 23933 Counsel for Plaintiff VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint are tree and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unswom falsification to authorities. Date [ 7oo/ Michael A. Stet CERTIFICATE OF SERVICE . /- I HEREBY CERTIFY that this ~.'~y of September, 2001 1 have served a tree and correct copy of the foregoing Complaint, by fa'st class mail, postage pre-paid, upon: Michael J. Pykosh, Esquire The law Office of Darrell C. Detleff 3805 Market Street Camp Hill, PA 17011 Counsel for Defendant LAW OFFICES of JOHN M. GLACE J~. Glace, Esquire /l~t2/q 34 Walnut Street Hbtfi'isburg, PA. 17101-1612 (717) 238-5515 Identifieatiun No. 23933 Counsel for Plaintiff LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorn~ Ideutification No. 58851 3805 Market Stxeet Camp Hill, PA 17011 (717) 975-9446 Juslin Jorge Jolmseu MICHAEL A. STER, Plaintiff JUSTIN JORGEN JOHNSEN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 014982 CIVIL TERM : CUMPULSORY ARBrlRATION TO: NOTICE TO PLEAD John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 YOU ARE HEREBY NOI'II~'mD to plead to the enclosed New Mater v~thin twenty (20) days From service hereof or a default judgment will bc entered against you. Law Office of Darrell C. Detlflefs 3805 Market Strut Camp Hill, PA 17011 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attom,y for D~f~ndam, Justin Jo~xg $ohnaen MiCHAEL A. STER, Plaintiff JUSTIN $ORGEN JOHNSEN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : NO. 01-4982 CIVIL TERM : CUMPUL SORY ARBYI2L~TION ANSWER ANI) NOW comes Defendant, Justin Jorgen Johnsen, by and through his attorney, Law Office of Darrell C. Dethlefs, who in support of his answer avers as follows: 1. Admi~t~l. 2. Admitted. 3. Admitted. 4. AdmiRed. 5. Denied. It is denied that on or about 12:30 a.m., Sat~trday, March 10, 2001, plaintiff, accompanied by a passenger was driving northbound on Good Hope Road, Hampden Township, Cumberland County in a Cavalier and approached a traffic si~tmal at Creek Road. It is further deaied that the signal was green and Plaintiff drove through the aforesaid intersection, when a Mercmy entered the inlersecfion lraveling east to west, on Creek Road. 6. Denied. It is denied that Plaintiff at that time and place, attempted to stop; but collided with the Memmy, which had proceeded partially through the intersection. 7. Denied. It is denied that as a direct and proxime4e result of the aforesaid collisien, Plaintiff sustained the following damages: a. Repair to the Cavalier ................... $8,097.79 b. Towing Charges ........................ $ 75.00 c. Storage Charges ....................... $ 390.00 d. Additional Charges from Roadside Rescue.. $ 45.00 Total Damages $8,597.79 8. Denied. It is denied that the foregoing motor vehicle accident and all damages, direct or consequential, as previously set forth and sustained by the Plaintiff are the direct and pmxima~ result of the negligent, careless, wanton and reckless manner in which Defendant operated his motor vehicle as follows: a. Denied. It is denied that Defendant failed to maintain high degree of care required of a motorist emering an inlersection; and b. Denied. It is denied that Defendam failed to properly observe traffic signals controlling Defendant's direction of travel; and c. Denied. It is denied that Defendant failed to operate his motor vehicle in accordance with existing ffafl~c conditions and traffic conlrols; and d. Denied. It is denied that Defendant failed to apply brakes in time to avoid the collision; and e. Denied. ItisdeniedLhatDefendantfailedtokeepproperandadeqanteconlrolofhis vehicle; anti Attempting to enter an intersection when such movement could not be safely accomplished; and f. Denied. It is denied that Defendam drive his vehicle upon the highway in a manner endangering persons and property and in negligent manner with careless disregard to the righis and safety of other, and g. Denied. It is denied that Defendant failed to drive his vehicle with due regard for highway and traffic conditions which were existing and of which he should have been aware. WHEREFORE, Defendant, Justin lorgen Johnson, respectfully requests that the Court dismiss Plaintiff's Complaint. NEW MATTER Defendant, by and through his attorney, avers the following New Matter. 9. Plaintiff failed to mitigate his damages. 10. Defel~dant avers that Plaintiffwas contributory negligent and was the cause of the accident. 11. The accident as avem:d to by Plaintiff was caused solely by the negligence of the plaintiff WI~REFORE, Defendant respect~ly requests that the Court dismiss the Plaintiff's Complaim Respectfully Submitted, LAW OFFICE OF DARRELL C. DETHLEFS Date: h/S/O{ M~h~l KPyk~O~h, Esquir~ LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market S~x~t Camp Hill, PA 17011 (717) 975-9446 A~orney for Defeadant, Justin Jo~rg Johm~n MiCHAEL A. STER, Plaintiff J~STIN JO~GEN SOI-~SEN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : : NO. 01-4982 CIVILTERM : CUMPULSORY ARBITRATION VERIFICATION I hereby verify that the statements of fact mad~ in the foregoing documents are true and correct to the best of my knowledge, information, and belief.. I nnd,'~amd that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn fslnification to authorities. LAW OFFICE OF DARRELL C. DETHLEF$ By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney f~ Defendant, 3uCdn Joerg John~na MICHAEL A. STER, Plaintiff JUSTIN JORGEN JOHNSEN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : : NO. 01-4982 CIVIL TERM : CUMPULSORY ARBITRATION .CERTIIrlCATE OF SERVICE I, MichaelJ. Pykosh, Esquire, hereby cettify that on this '~ dayofOctober, 2001, a true and correct copy of the foregoing Answer and New Matter by First C/ass Mail, postage prepaid, was served upon the following: John M. Glace, Esquire Attorney at Law 132-134 Walnut Street Harrisburg, Pennsylvania 17101-1612 Michhe~ J. ~ykosh, Esquire DIANNA S. DIVELY, Plaintiff/Respondent Vo DIANE J. CHRISTY, Defendant/Petitioner · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN CUSTODY · NO. 01-4981 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this [ [4~'~"day of March 2003, between petitioner, Diane J. Christy, by and through her attorneys, the Family Law Clinic, and respondent, Diana S. Dively, concerns the custody of the child, Jasmyn Joy Christy (hereinafter "Child"), bom July 3, 1995. 1. Petitioner is the Mother of the Child. Respondent is a family friend. Petitioner and respondent entered into a Custody Agreement that gave respondent custody of the Child. This agreement was made an Order of Court on September 10, 2001. 2. On or about March 1, 2003, respondent returned the Child to petitioner. 3. Petitioner and respondent agree that the Custody Order, dated September 10, 2001, be vacated. 4. Respondent now represents herself, and is no longer represented by her attorney of record, Marylou Matas, Esquire. 5. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. Diana S. Dively /~ Leah M. :D~[venbort I Certified Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY' LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 I ate: 3