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Home My WebLink About02-5397BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Assessment of Damages Hearing Is Required Amy Eisen 323 Farwood Court Wynnewood PA 19096 Plaintiff VS. James Fisher 1116 Newville Rd. Carlisle PA 17013 FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation 2200 Forward Drive : Harrison AR 72601 : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 7 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 717 249 3166 -5- BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Assessment of Damages Hearing Is Required Amy Eisen : 323 Farwood Court : Wynnewood PA 19096 : Plaintiff : VS. . James Fisher : 1116 Newville Rd. : Carlisle PA 17013 : : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation 2200 Forward Drive : Harrison AR 72601 : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION PLAINTIFF'S COMPLAINT/CIVIL ACTION 1. Plaintiff, Amy Eisen, is an individual and a citizen of the Commonwealth of Pennsylvania residing at the above address for the purposes of this litigation. 2. Defendant, James Fisher, is an individual residing at the above address. 3. Defendants FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, are corporations with a regular place of business at the above address. 4. At all times material hereto, James Fisher, acted as the agent, servant, workman or employee of codefendants FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, and acted under said codefendants' direction and control. -1- 5. On October 3, 2001, Plaintiff's vehicle, a 1995 Subaru Legacy, was being operated by Magrielle Eisen westbound on East High Street in Carlisle PA. 6. At the same time the defendant, James Fisher, was operating a tractor trailer owned by codefendants, in the course of his employment, when he negligently, recklessly and carelessly pulled out from a driveway and struck Plaintiff's vehicle, causing property damage and other damages, in the amount of $8,619.98. COUNT I Plaintiffs v. All Defendants 8. Plaintiffincorporates by reference the allegations contained in paragraphs 1-7asif set forth at length herein. 9. The collision between the defendant's vehicle and the plaintiff's vehicle was caused solely by the negligence, carelessness and recklessness of the defendant, James Fisher, acting as agent, servant, workmen, or employee of codefendants, under said codefendants' direction and control, in that he: a. Operated his motor vehicle at an excessive rate of speed under the circumstances; b. Failed to have his motor vehicle under proper and reasonable control; c. Operated his vehicle in such a manner so as to cause it to collide with plaintiff's vehicle; d. Failed to pay proper and reasonable attention to other vehicles on the road; e. Was inattentive or distracted from the road; f. Operated his vehicle without due regard for the rights, safety and position of other vehicles on the road, including the plaintiff's vehicle; g. Failed to comply with the laws, rules and regulations of the Pennsylvania Motor Vehicle Code and the ordinances of the County regarding the safe operation of motor vehicles; and h. Otherwise conducted himself in a negligent, reckless and careless manner. 10. By reason of the negligence, recklessness and carelessness of the defendants as aforesaid, plaintiff's vehicle sustained significant damage and necessitated the rental of an alternative vehicle the fair and reasonable value of which was $8,619.98. WHEREFORE, plaintiffdemands judgment in his favor in the amount of $8,619.98 against defendants, jointly and/or severally, plus interest and costs. COUNT II Plaintiff v. FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, Respondeat Superior/Negligent Entrustment 11. Plaintiff incorporates by reference the allegations contained in paragraphs 1-10 as if set forth at length herein. 12. Defendants FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, are vicariously liable for damage caused by the negligence of its agent, servant or employee, James Fisher. 13. Defendants FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, were additionally negligent for failing to act reasonably, prudently or properly when they failed retain, hire, train, employ and/or supervise its employee, James Fisher. 14. Defendants FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, were also negligent when they entrusted James Fisher with their vehicle, when they knew or should have known that he was unfit, untrained or otherwise unqualified to operate the vehicle. 15. As a result of the Defendant's negligence as aforesaid, Plaintiff's vehicle was damaged -3- and necessitated the rental of an alternative vehicle the fair and reasonable value of which was $8,619.98. WHEREFORE, plaintiff demands judgment in her favor in the amount of $8,619.98. against defendants, jointly and/or severally, plus interest and costs. Date: Respectfully submitted, A~tTItONY D. DAMIANO, ESQ. ADD/tss -4- VERIFICATION I, ANTHONY D. DAMIANO, ESQ., hereby verify that the statements made in the within Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. DATE: A THORNY D. DAMIANO, Attorney for Plaintiff ESQ. -6- RAWLE & ItENDERSON LLP BY: James A. Wescoe, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendants, FedEx Freight East, Inc. and Jamie D. Fisher AMY EISEN Plaintiff, VS. JAMES FISHER and FEDEX FREIGHT EAST, INC., as successor to American Freightways Corporation, Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CiVIL ACTION NO. 02-5397 Civil Term DEFENDANTS' ANSWER WITH NEW MATTER Answering defendants, Jamie D. Fisher (incorrectly identified in plaintiff's Complaint as James Fisher), and FedEx Freight East, Inc., by and through counsel, Rawle & Henderson LLP, hereby respond to plaintiff's Complaint and assert New Matter as follows: 1. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and, accordingly, deny same and demand strict proof thereof at time of trial. 2. Admitted in part; denied in part. Answering defendants admit only that Jamie D. Fisher is an individual residing at 1116 Newville Road, Carlisle, Pennsylvania 17013. 3. Admitted in part; denied in part. Answering defendants admit only that 0749360.01 0360700.01 FedEx Freight East, Inc. is a corporation authorized to conduct business in the Commonwealth of Pennsylvania, with offices at 2200 Forward Drive, Hardsonville, Arkansas. 4. Admitted in part; denied in part. Answering defendants admit only that defendant Jamie D. Fisher was operating a tractor trailer owned by American Freightways, Inc. while in the course and scope of his employment on October 3, 2001. 5. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and, accordingly, deny same and demand strict proof thereof at time of trial. Denied. Answering defendants deny all negligence, carelessness and recklessness. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiff's Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNT I Answering defendants incorporate herein by reference Paragraphs 1 through 6, inclusive. 8. Denied. Answering defendants deny all negligence, carelessness and recklessness. By way of further answer, the averments contained in this paragraph contain conclusions of law to which no responsive pleadings are required. By way of further answer: 0749360.01 0360700.01 (a) Denied; (b) Denied; (c) Denied; (d) Denied; (e) Denied; (f) Denied; (g) Denied; (h) Denied. 10. Denied. Answering defendants deny all negligence, carelessness and recklessness. By way of further answer, the averments contained in this paragraph contain conclusions of law to which no responsive pleadings are required. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT II 11. through 10, inclusive. 12. Answering defendants incorporate herein by reference Paragraphs 1 Denied. 0749360.01 0360700.01 13. Denied. 14. Denied. 15. Denied. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. granted. 16. NEW MATTER PlaintifFs Complaint fails to state a claim upon which relief can be 17. No omissions or conduct on the part of answering defendants contributed to plaintiffs damages, if any. 18. Plaintiff failed to mitigate her damages. 19. The damages complained of by plaintiff pre-existed or are unrelated to the accident which is the subject matter of this Complaint. 20. The negligence ofplaintiffeither bars plaintiffs right to recover completely, or reduces her claims based upon the extent ofplaintiWs negligence under the doctrine of comparative negligence. 21. Plaintiff's alleged damages, if any, were the result of an unavoidable 0749360.01 0360700.01 accident or sudden emergency. 22. Plaintiff's alleged accident was proximately caused, in whole or in part, by the fault of third parties for whom answering defendants are not legally responsible. 23. Plaintiff assumed the risk of any damages or injuries, and therefore, her claims are barred or limited. 24. Answering defendants claim any and all defenses available to them pursuant to Pennsylvania's Financial Responsibility Law. 75 Pa.C.S.A. § 1701 et seq. 25. Plaintiff's claims are barred by the applicable statute of limitations. 26. Service of process was improper and/or insufficient. 27. This Honorable Court lacks jurisdiction over defendants. 28. Plaintiff's claims are barred due to Plaintiff having elected a Limited Tort Option pursuant to 75 Pa.C.S.A. 1705 or as a result ofPlaintiffbeing a household member of a policy containing such Limited Tort Option. As a result of Plaintiff not having incurred a serious injury as set forth in 75 Pa.C.S.A. 1702, Plaintiffs' claim, insofar as Plaintiffs seek recovery for pain and suffering or other non-monetary damages, must be stricken. 29. It is further specifically denied that any act or omission on the part of the Answering Defendants was the sole or proximate cause of the Plaintiff's alleged damages and injuries. 30. Answering Defendants are advised, and therefore believe and aver, that Plaintiff has received benefits and payments in accordance with the provisions of the 0749360.01 0360700.01 Pennsylvania Motor Vehicle Financial Responsibility Act or other policy of hospital or professional health insurance. Therefore, Plaintiff's claims are barred, limited or reduced in accordance with the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. §1722. 31. Answering Defendants were at all times reasonable, proper and acted in good faith and without malice and did not deprive the Plaintiff of any rights secured by law or Constitution. 32. At all times relevant herein, Answering Defendants acted in accordance with the applicable state and federal laws. 33. Plaintiff's claims for damages are excessive and unsupported and, therefore, must be barred or reduced. 34. Any acts or omissions of the Answering Defendants alleged to constitute negligence were not a substantial contributing factor to the injuries and/or losses claimed by Plaintiff. 35. 36. Plaintiffis not the proper party to this action. Inasmuch as Pa.R.C.P. 1032 provides that a party waives all defenses not presented by way of answer, Answering Defendants, upon advise of counsel, hereby assert all of the affirmative defenses set forth in Pa.R.C.P. 1010(a). WHEREFORE, answering defendants deny all liability to plaintiff and demand judgment in their favor, together with attorneys fees and costs, and such other relief as this 0749360.01 0360700.01 Honorable Court deems just and proper. Dated: J am.j~~e, Esquire ~t'omeys for Defendants, ~Iamie D. Fisher and FedEx Freight East, Inc. 0749360.01 0360700.0l VERIFICATION JAMES A. WESCOE, ESQUIRE, hereby states that he is an associate of the law firm of Rawle & Henderson Lte, attorneys for defendants, Jamie D. Fisher and FedEx Freight East, Inc., and that he is authorized to make this Verification on behalf of said defendants. The undersigned verifies that the statements made in the foregoing Answer With New Matter to Plaintiff's Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements set forth in said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: November 26, 2002 0749360.01 0360700.01 CERTIFICATE OF SERVICE I, James A. Wescoe, Esquire, attomey for Defendants Jamie D. Fisher and FedEx Freight East, Inc. do hereby certify that a tree and correct copy of the foregoing Answer to Plaintiff's Complaint With New Matter was mailed to the following counsel by United States First Class Mail, postage prepaid. Date: Anthony D. Damiano, Esquire 226 West Market Street Carlisle, PA 19382 James A~re 0749360,01 0360700.01 SHERIFF'S CASE NO: 2002-05397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EISEN AMY VS FISHER JAMES ET AL DAVID MCKINNEY , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE FISHER JAMES RETURN - REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1900:00 HOURS, at 1116 NEWVILLE RD CARLISLE, PA 17013 JAMES FISHER a true and attested copy of on the 8th day of November , 2002 by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of Q'~m~/u~ ~ ~ A.D. / / Prothonotary So Answers: R. Thomas Kline 11/12/2002 ANTHONY DAMIANO - De~ut~ Sh~ri- ~/ BY: ANTHONY D. DAMIANO, ESQ. 1D NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff Amy Eisen 323 Farwood Court Wynnewood PA 19096 Plaintiff VS. James Fisher 1116 Newville Rd. Carlisle PA 17013 FEDEX Freight, East Inc., as successor to American Freightways Corporation, and/or American Freightways Corporation 2200 Forward Drive : Harrison AR 72601 : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 02 5397 AFFIDAVIT OF SERVICE OF PLAINTIFFS' COMPLAINT I, ANTHONY D. DAMIANO, ESQUIRE, Counsel for'Plaintiff in the above- referenced matter do hereby depose and say that a true and correct copy of the Complaint was served upon FEDEX Freight, East Inc., as successor to American Freightways Corporation, and American Freightways Corporation, via Certified Mail, Return Receipt Requested, on November 15, 2002, in accordance with Pa RCP 402, 403,404 and 424. Copies of the Letters and Return Receipts are attached hereto and marked Exhibit "A." /Deborah ti. Dempselr, !q. ohzzT P~Iic West Chestersoro., C:beste~ Cotmt7 O~~ ~. D~i~O, ESQ. Attorney for Plaintiffs · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt 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 if space permits. Article Addressed to: I - ~. ~e .um~er gO00 (Transfer from service label) PS Form 3811, August 2001 //~'TO [] Agent [] Addre--_ _-ee Date of Delivery item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type /~,certified Mail [] Express Mail [] Registered ~Return Receipt for Merchandise [] Insured Mail [] C.O.D. [] Yes 4. Restricted Delivery? (Extra Fee) Domestic Return Receipt 102595-02-M-0~. · Complete items 1, 2, and 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 if space permits. 1. Article Addressed to: 05 S1~CC¢5~o r H~nSon) A ~ q~O i 2. A~icle Numar ~ O0 0 ¢~s~ ~ ~ice la~) Ps Fo~ 381 1, August 2001 [] Agent different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise r-l_~lnsured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) I-I Yes 1670 O01D.. Og'~ ~3g&~/ Domestic Return Receipt 102595-02~M-0835 E-MAIL DAM1ANOI~W@AOL. COM A T ot, w D. D vt o ATTORNEY AT LAW 226 WEST MARKET STREET WEST CHESTER, PA 19382 TEL (610) 692-6520 November 11, 2002 FAX (610) 344-0394 A/merican Freightways Corporation 2~00 Forward Drive Harrison AR 72601 P~TTN: Manager/Pers6n in Charge RE: Amy Eisen v. America6 Freightways and Jamie Fisher DOL 10/03/01 Your Clahng 0104753 My File # 10-01-5138 Dear Sir/Madam: Please be advised that I have been retained to represent the interests of Plaintiff with respect to the above referenced matter. I enclose herewith a copy of plaintiff's Complaint which has been filed with the Court.. Service is hereby effected upon your Corporation in accordance with Pa. R.C.P. 402, 403,404 and 424. Thank youfor your courtesy and cooperation. ADD/tss Enclosure Very truly yours, F/MAIL DAMiANOLAW@AOLCOM ANTHONY D. DAMIANO ATTORNEY AT LAW 226 WEST MARKET STREET WEST CHESTER, PA 19382 TEL (610) 692.6520 November 11, 2002 FAX (610) 344-0394 FEDEX Freight, East, Inc. as successor to American Freightways Corporation 2200 Forward Drive Harrison AR 72601 ATTN: Manager/Pers6n in Charge RE: Amy Eisen v. American Freightways and Jamie Fisher DOL 10/03/01 Your Claim//0104753 My File//10-01-5138 Dear Sir/Madam: Please be advised that I have been retained to represent the interests of Plaintiff with respect to the above referenced matter. I enclose herewith a copy of plaintiff's Complaint which has been fried with the Court.. Service is hereby effected upon your Corporation in accordance with Pa. R.C.P. 402, 403,404 and 424. Thank you for your courtesy and cooperation. ADD/tss Enclosure HONY D. DAMIANO BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Assessment of Damages Hearing Is Required Amy Eisen : 323 Farwood Court : Wynnewood PA 19096 : Plaintiff : VS. : James Fisher : 1116 Newville Rd. : Carlisle PA 17013 : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation 2200 Forward Drive : Harrison AR 72601 : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 16-36. PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER DENIED. The Plaintiff is advised and therefore avers that the allegations contained in these paragraphs contain conclusions of law to which no response is required. To the extent that they may bc deemed factual in nature, Plaintiff denies same and on the contrary incorporates the allegations of her Complaint as if set forth at length herein. WHEREFORE, plaintiff demands judgment in his favor in the amount of $8,619.98 against defendants, jointly and/or severally, plus interest and costs. mitted, /ANI'HONY D. DAMIANO, ESQ. VERIFICATION I, ANTHONY D. DAMIANO, ESQ., hereby verify that the statements made in the within Complaint are true and correct to the best of my knowledge, information and belief. I understand that a. ny false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. DATE:_~3 BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street quired West Chester PA 19382 610-692-6520 Attorney fi~r Plaintiff This is an Arbitration Matter Assessment of Damages Hearing Is Re- Amy Eisen VS. James Fisher, FEDEX Freight, East Inc., as successor to American Freightways Corporation, and/or American Freightways Corporation : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-5397 Magrielle Eisen : VS. James Fisher, FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 MOTION TO CONSOLIDATE Plaintiff, Amy Eisen, instituted the above subrogation lawsuit to recover $8619.98 in property damage that resulted from a motor vehicle accident that occurred on October 3, 2001 on High Street in Carlisle PA. A true and correct copy of said complaint is attached hereto as Exhibit "A". Plaintiff, Magrielle Eisen, who was operating the vehicle owned by her mother, Amy Eisen, instituted a separate lawsuit to recover for personal injuries arising out of the same October 3, 2001 motor vehicle accident in Carlisle. Said action had been filed in the Municipal Court of Philadelphia County, but was transferred to this Court upon defendants motion for transfer of venue. A true of correct copy of said complaint, and Order of transfer are attached hereto, collectively, as Exhibit "B". 3. The defendants have retained the same attomey to defend both actions, and he has entered his appearance in both cases. Pennsylvania Rule of Civil Procedure provides that in pending actions involving common questions of law or facts were which arise from the same transaction or currents, the court, on motion of any party, may order a consolidation of the related actions to avoid unnecessary cost or the delay. 5. As outlined in the attached complaints, these lawsuits arise out of a single occurrence, a motor vehicle accident that occurred on October 3,2001. The discovery and trial in both of these cases will necessarily entail the depositions of the same witnesses, and the presentation of the same evidence pertaining to questions of liability 7. The consolidation of these two actions will not prejudice the rights of any party and, on the contrary, will be desirable to avoid the duplication of effort of this court and counsel. WHEREFORE, plaintiff respectfully request that the above matters be consolidated for all purposes including discovery and trial. Date: Resp/~c~tfully submitted, ANgYHONY D. DAMIANO, ESQ. FIRST JUDICIAL DISTR2CT OF PENNSYLVANIA THE PHILADELPHIA MLrNICIPAL COURT CIVILDMSION 34 South Eleventh Street, Koom 540 Philadelphia, PA 19107 (215) 686-2910/11 Fax: (215) 569-9254 E-Maih patricia.rncdermott~coum.phila.gov May & 2002 PATRICIA R. McDERMOTT DEPUTY COURT ADMINISTRATOK Clerk of Courts Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 MA GRIELLE H. EISEN, A MINOR B Y ELLIS EISEN, HER GUARDIAN VS AMERICAN FREIGHTWAYS, INC. AND JAMIE D. FISHER SC: 10-10-15-1667 Dear Clerk of Court: Please be advised, at a hearing on May 31st, 2002, before the Honorable Barbara £ Gilbert, of the Philadelphia Municipal Court, the above mentioned matter was ordered referred to your jurisdiction on a venue argument made in court. This referral is under the Municipal Court Civil Rule of Proce&tre 108(c). By copy of this letter Iatn advising all parties to contact you to initiate arty further proceedings. If you have any questions with reference to this please feel free to contact me at (215)-686- 2910. Sincerely, PA TRICIA R. McDermott Deputy Court Administrator PMc/ca cc: Timothy J. Abed, Esq. James A. F/escoe, Esq. Ellis Eisen, Esq. American Freightways, Inc. Jamie D. Fisher , · COMMbNWEALTH OF PENNSYLVANIA THE PHILADEL:PHIA'.MUNICIPAL COURT 34 South 11th Street,Philade!phia',PA 19107 '-'~ouis J. 'lSresenza, President Judge' . ' Robert S. Blasl, Administrative Judge P/8//~t/a(q) CODE SERVICE ADDRESS (INFORMATION) if other than above STATEMENT' TYPED BY ' · .... I APPRoVEQ -- COURT CO'T8 ,~C~)NSTABLE SERVICE Defendant(s) TO THE DEFENDANT: The abo~e named plaintiff(s) as~judgmeht n this Oou~ against you for $ plus cou~ costs upon the following claim: '~.~~~~ ~~! ~"~ ~~ Other: '" ... ':', [] NoTIcE TO DEFEND FILED. PLUS COURTCOSTS COUNSEL FOR PLAINTIFf=lAiTY, 1.0, NO., NAME & ADORESS ¢. ZiP COOS PHONE ' ' C~MONWEALTH OF PENNSYLVANIA' OOUN~ OF PHI~DELPHIA ~: · 8gM'ON8 ~o Jh~ d~fend~nJ: You ~re .ClTACION -'A'I g~m~ndado: hereby ordered to.appear at a hearing scb~d~ present°,, uste'd osta dlrljl.do a presenters° a k~ ~d ~he facts set forth In this ~mplalnt uled as follows: . la slgulente vista ara true and cdrrect and acknowledge that I am subject .. '. to the ~enalUes of 18 P,8; 4904 relating to Unsworn ' . * ' ' . . · ~ORTANT NOT'IOE TO THE DEFENDANT 'R'~PORTANTE PARA EL AOUSADO · ou nave been sued In couA. If you wish to defend against the claims set Usted ha sldo demandado an co~e. SI usted desea'def~nderse contra las queJas que ~oAh, you must appear at the ~te, time and place as shown. You are'warned · apare~p en contra suya debe usted apelar el die, la hors y slug que se sana[o. Usted esta that If you fall to appear, ~e case may proceed without you and a Judgment -' adve~l~o ~ue sl no comparece, el caso'puede cotlnuar sin au pres°ntis y una querella may be en~ared against you by ~e Coud without fuAhe~ notice for any money puede ser puesta en contra suya pot la ~e sin nlnguna notlflcaclon, pot din°to {eClamado, claimed In the complaint or for any other claim or relief requested by ~e, o poralgunaotraqueJa requ e~a poreldemandante Ustedpu'edeperderd nero, propledad plaintiff. You may lose money or prope~ or other rights Impo~ant to you. u otros derechos/mpo~ant~s para usted. . · ' THE MUNICIPAL COURT COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT, WHICH REQUIRES THAT ALL COURT SERVICES AND FACiLITIE~ EE ACCESSlBLETO PERSONS WITH DISABILITIES ON AN EQUAL BASIS TO THOSE WITHOUT DISABILITIES. IF YOU HAVE A DISABILITY, AND REQUIRE REASONABLE ACCOMMODATIONS TO FIfE A CLAIM, PARTICJPATE IN A MUNICIPAL COURT PROCEEOING, OR USE ANY SERVICE PROVIDED BYTHE CQURT, PLEASE CALL686-7986, REQUESTS FOR REASONABLE ACCOMMODATIQNS MUST BE MADE AT'LEAST THREE BUSINESS OAYS BEFORE ANY HEARING, OR W~THIN THREE BUSINESS DAYS AFTER SERVICE (DELIVERY) OF THE NOTICE OF HEARING, WHICHEVER IS LATER. LA CORTE MUNICIPAL CUMPLE CON EL DECRETO DE AMERICANOS .INCAPACITADOS (AMERICANS WITH DISABILITIES ACT). ESTE DECRETO REQUIERE QUE TO°OS LOS SER- VIClOS Y FACILIDADES DE CORTE SEAN AccESIBLE A PERSONAS INCAPACITADAS, AL IGUAL OUE PERSONA~J NO INCAPACtTADAS. SE USTED ESTE INCAPACITADO Y NECESITA A~OMOOAClONES RAZONABLES, PAF~ PODER RADICAR UNA DEMON°A, P,~RTICIPAR EN ALGUN PROCEDIMIENTO 0 UTILIZAR SERVICIOS EN LA CORTE MUNICIPAL POR FAVOR LLAME AL TELEFONO 688-7988. PARA SOLIClTAR ACOMODACIONES RAZONASLES DEBS LLAMAR POR LO MENOS TRES DIAS DE TRABAJO ANTES DE SU AUDIENCIA O DENTRO DE TRES DIAS DESPUES CE REClBIR SU CITA, SEGUN LO QUE OCURRA PFUMERO. A corporation or unincorporated assoclat On' must be represeht~d by an 'attorney except wh"en da'rhages are not In excess of $2,500. In such cases, a corp*ora{ion or unincorporated assoclatl-on may b'e represented by an officer who' has documentaton of such status, For further 'Information, call 686.7987 or 7988. 03-7 (R~v, 2/00) , . RA~vVLE & HENDERSON ~.u, BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: James A. Wescoe, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendant, American Freightways, Inc. MAGRIELLE H. EISEN, a minor by ELLIS EISEN, her Guardian, Plaintiff, VS. AMERICAN FREIGHTWAYS, INC., and JAMIE D. FISHER, Defendants. COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA MUNICIPAL COURT NO.: SC-10 10 15 1667 ORDER ANDNOW, this c~¥~[dayof /~tltl't~ ,2002, upon consideration of the preliminary objections of defendant, American Freightways, ihac., to plaintiff's Complaint, and any and all responses thereto, it is hereby ORDERED and DECREED that said preliminary objection~are GRANTED. This case is hereby transferred to tho ];~i~t~t (.;om ot ~;umo County, with the costs and fees of transfer and removal of the record to be paid by td~al~o- BY THE COURT: BY:- ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 ~Vest Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Assessment of Damages Hearing Is Required Amy Eisen : 323 Farwood Court : Wynnewood PA 19096 : Plaintiff : VS. : James Fisher : 1116 Newville Rd. : Carlisle PA 17013 : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation 2200 Forward Drive : Harrison AR 72601 : Defendants : NOTICE Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 7 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 ifyou 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 OBTAIN LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 717 249 3166 -5- BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaiutiff This is an Arbitration Matter Assessment of Damages Heari. ng Is Required Amy Eisen 323 Farwood Court Wynnewood PA 19096 Plaintiff VS. James Fisher 1116 Newville Rd. Carlisle PA 17013 FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation 2200 Forward Drive : Harrison AR 72601 : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION PLAINTIFF'S COMPLAINT/CIVIL ACTION 1. Plaintiff, Amy Eisen, is an individual and a citizen of the Commonwealth of Pennsylvania residing at the above address for the purposes of this litigation. 2. Defendant, James Fisher, is an individual residing at the above address. 3. Defendants FEDEX Freight, East Inc., successor to ~nerican Freightways Corporation and/or American Freightways Corporation, are corporations with a regular place of business at the above address. 4. At all times material hereto, James Fisher, acted ,'is the agent, servant, ;vorkman or employee of codefendants FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, and acted under said codefendants' direction and control. -1- On October 3,2001, Plaintiff's vehicle, a 1995 Subaru Legacy, was being operated by Magrielle Eisen westbound on East High Street in Carlisle PA. 6. At the same time the defendant, James Fisher, was operating a tractor trailer owned by codefendants, in the course of his employment, when he negligently, recklessly and carelessly pulled out from a driveway and struck Plaintiff's vehicle, causing property damage and other damages, in the amount of $8,619.98. COUNT I Plaintiffs v. All Defendants 8. Plaintiff incorporates by reference the allegations contained in paragraphs 1-7 as if set forth at length herein. 9. The collision between the defendant's vehicle and the plaintiff's vehicle was caused solely by the negligence, carelessness and recklessness of the defendant, James Fisher, acting as agent, servant, workmen, or employee of codefendants, under said codefendants' direction and control, in that he: a. Operated his motor vehicle at an excessive rate of speed under the circumstances; b. Failed to have his motor vehicle under proper and reasonable control; c. Operated his vehicle in such a manner so as to cause it to collide with plaintiff's vehicle; d. Failed to pay proper and reasonable attention to other vehicles on the road; e. Was inattentive or distracted from the road; f. Operated his vehicle without due regard for the rights, safety and position of other vehicles on the road, including the plaintiff's; vehicle; g. Ffiiled to comply with the laws, rules and regulations of the Pennsylvania Motor -2- Vehicle Code and the ordinances of the County regarding the safe operation of motor vehicles; and h. Otherwise conducted himself in a negligent, reckless and careless manner. 10. By reason of the negligence, recklessness and carelessness of the. defendants as aforesaid, plaintiff's vehicle sustained significant damage and necessitated the rental of an alternative vehicle the fair and reasonable value: of which was $8,619.98. WHEREFORE, plaintiff demands judgment in his favor in the amount of $8,619.98 against defendants, jointly and/or severally, plus interest and costs. COUNT II Plaintiff v. FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, Respondeat Superior/Negligent Entrustment 11. Plaintiff incorporates by reference the allegations contained in paragraphs 1-10 as if set forth at length herein. 12. Defendants FEDEX Freight, East Inc., successor to American Freightways Corporation and/or American Freightways Corporation, are vicariously liable for damage caused by the negligence of its agent, servant or employee, James Fisher. 13. Defendants FEDEX Freight, East Inc., successor to,Mnerican Freightways Corporation and/or American Freightways Corporation, were additionally negligent for failing to act reasonably, prudently or properly when they failed retain, hire, train, employ and/or supervise its employee, James Fisher. 14. Defendants FEDEX Freight, East Inc., successor to Arnerican Freightways Corporation and/or American Freightways Corporation, were also negligent when they entrusted James Fisher with their vehicle, when they knew or should have known that he was unfit, untrained or otherwise unqualified to operate the vehicle. 15. As a result of the Defendant's negligence as aforesaid, Plaintiff's vehicle was damaged -3- and necessitated the rental of an alternative vehicle the fair and reasonable value of xvhich was $8,619.98. WHEREFORE, plaintiff demands judgment in her favor in the amount of $8,619.98. against defendants, jointly and/or severally, plus interest and costs. Date: Respectfully submitted, ,~'Ti-xor~¥ i). D~XMIANO, ~.SQ. ADD/tss -4- VERIFICATION I, ANTHONY D. DAMIANO, ESQ., hereby verify that the statements made in the within Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. DATE: ~~O~ D. DAMIANO, ESQ. Attorney for Plaintiff -6- BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Amy Eisen VS. Attorney for Plaintiff This is an Arbitration Matter Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002- 5397 James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : 'MagrieHe Eisen Court of Common Pleas : : VS. : James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 .MEMORANDUM OF LAW Plaintiffs hereby incorporate by reference plaintiffs' Motion to Consolidate as if set forth at length herein. Date: Respectfully submitted, BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Amy Eisen · VS. : James Fisher, · FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation Defendants : Attorney for Plaintiff This is an Arbitration Matter Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-5397 Magrielle Eisen : VS. : : James Fisher et.aL : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 CERTIFICATE OF SERVICE OF MOTION TO CONSOLIDATE I, ANTHONY D. DAMIANO, ESQUIRE, Counsel for Plaintiff in the above-referenced matter, do hereby depose and say that Plaintiff's Motion to Consolidate were served upon following parties via First Class U.S. Mail on March 21, 2003 Ellis Eisen, Esq. 2005 Market Street 24th floor Philadelphia, PA 19103 James Wescoe, Esquire Rawle & Henderson The Widener Bldg. One South Penn Square Philadelphia, PA 19107 DATE: U:\ADD\\Cert-Service.wpd ~/~ ESQ. ~O~D. DAMIANO, Attorney for Plaintiff BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter ~fAR ~ Z 5003 Amy Eisen VS. James Fisher, FEDEX Freight, East Inc., as successor to. American Freightways Corporation, : and/or American Freightways Corporation Magrielle Eisen Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002- 5397 : VS. : James Fisher, : FEDEX Freight, East Inc., as successor to ' American Freightways Corporation, : and/or American Freightways Corporation : ------- Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 AND NOW this ~ day of ~~, 003, upon consideration of the Motion to Consolidate of Amy Eisen and any response thereto, said Motion is GRANTED. The above matters are hereby consolidated for all purposes, including discovery and trial, under the docket Amy Eisen v. FEDEX Freight, et. al. Cumberland County CCP #2002 - 5397. ELLIS EISEN, ESQUIRE ID NO. 26083 2005 Market Street 24th Floor Philadelphia, PA 19103 Attorney for Plaintiff This is an Arbitration Matter Amy Eisen : VS. : : James Fisher,- : Magrielle Eisen FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation Defendants : VS. : James Flsher~ : FEDEX Freight, East Inc., as.successor to: American Freightways Corporation, : and/or American Freightways COrporation Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002 - 5397 / ' 'Court of Common Pleas Cumberland COunty, Pennsylvania CIVIL ACTION 2002-2424 PRAECIPE TO THE PROTHONOTARY: Enter of record my agreement with the filing of the pending Motions to Consolidate in the above matters and that they be consolidated for all purposes 'under Amy Eisen v. FEDEX Freight, et' al. March 28, 2003 Cumbered. Coun~P #2002-5397. Ellis Eisen, Attorney for Magrielle Eisen ELLIS E2SEN; ESQU2RE ~D ~0.,26083 2005 M~=ket St=eet 2~th FloO: Attorney for Platntttf, l$agrielle Eisen This ia ar[ Arbitration l?l~lter .VS. I $~me's Fisher,, FEDEX l?r'e[ght, EFst I~'c,, as succemr to ancot, American Fret~htway~ Corpor~tto~ Court of Common Pleas CONSOLIDATED CASES a 'rielie Elsen ' t Court of Common ,Pleas ~ ~ , , , Cumberland County, l'ennsylvania James Fisher, , ' FEDEX Freight, .East'Inc,, aa,successor to ~ Amerlcan Freightways Corporation; , , i ' and/or Amertc,an Freightways C~rpora~on CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Enter of record my agreement with the filing of the pending Petition for Appointmmnt of Arbitrators in the above matters consolidated under ~%my Eisen v. Janes Fisb~r, et al., Cunberland Coun~ 2002-5397. ~y 15, 2002 ~ .... ELLIS EISEN, ESQUIRE, Attorney for Magrielle Eisen BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Amy Eisen VS. James Fisher, FEDEX Freight, East Inc., as successor to American Freightways Corporation, and/or American Freightways Corporation : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002 - 5397 / CONSOLIDATED CASES Magrielle Eisen : VS. James Fisher, FEDEX Freight, East Inc., as successor to American Freightways Corporation, and/or American Freightways Corporation : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 ORDER O/t"/dayof ~e4. ~ ~ ,200C3, upon consideration of the Petition AND NOW this for appointment of arbitrators, ~.a~ ,~~ ,Esquire, ..~~ /-g~'~ , Esquire and . ./~ ./~_~.g.a) ~~' ,Esquire / are appointed arbitrators in the above consolidated actions. BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Amy Eisen VS. James Fisher, FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : Attorney for Plaintiff This is an Arbitration Matter Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002 - 5397 COSOLIDATED CASES Magrielle Eisen : James Fisher, FEDEX Freight, East Inc., as successor to American Freightways Corporation, and/or American Freightways Corporation : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 PETITION FOR APPOINTMENT OF ARBITRATORS Anthony D. Damiano, Esquire, counsel for Plaintiff, Amy Eisen in the above action respectfully represents that: 1. The above captioned actions are at issue. 2. The plaintiffs' claims in the actions are for within the statutory jurisdictional limits of arbitration. VERIFICATION I, ANTHONY D. DAMIANO, ESQ., hereby verify that the statements made in the within Pleading/Motion are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. DATE: ~t/nthony D. Damiano, Esq. Attorney for the Plaintiff BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Amy Eisen : Court of Common Pleas VS. : James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : Magrielle Eisen : Cumberland County, Pennsylvania CIVIL ACTION 2002 - 5397 Court of Common Pleas VS. James Fisher et.al. Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 CERTIFICATE OF SERVICE OF PETITION FOR ARBITRATION I, ANTHONY D. DAMIANO, ESQUIRE, Counsel for Plaintiff in the above-referenced matter, do hereby depose and say that Plaintiff's Petition was served upon following parties via Fax on May 9, 2003. Ellis Eisen, Esq. 2005 Market Street 24th floor Philadelphia, PA 19103 Timothy Abeel Esquire Rawle & Henderson The Widener Bldg. One South Penn Square Philadelphia, PA 19107 ~~ DATE-~/0 ~ ~ ~THONY D. DAMIANO, c XMY DOC ' · A'fforney for Plaintiff ESQ. : UMENTS\CI~ TEST\EISEN\ARB MOT\CERT-SERVICE.DOC BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Amy Eisen VS. James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : Magrielle Eisen : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002 - 5397 CONSOLIDATED CASES Court of Common Pleas : : : VS. .. : James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : Cumberland County, Pennsylvania CIVIL ACTION 2002-2424 ~/ ORDER AND NOW this~0 day of ~ for Appointment of Arbitrators, r/~,,/2t.~ ' 200e3' upon consideration of the Petition .,~-~/'~.~7t' /-g~L~_z~ , Esquire and . ,~./Jt_r2ff,~.(z.~,~.) ~" ,Esquire are appointed arbitrators in the above consolidated actions. BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Amy Eisen : .. _. VS. James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002 - 5397 PRAECIPE FOR ORDER TO SETTLE DISCONTINUE AND END To the Prothonotary: Kindly mark the above matter settled, discontinued, and ended upon payment of your costs only, with the companion action, Magrielle Eisen v. American Freightways, Cumberland County CCP # 2002-2424 to continue. Date: AMY EISEN ' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-5397 CIVIL TFRM JAMES FISHER, FEDEX Freight, East, as successor to American Freightways Corporation, and/or American Freightways Corporation MAGRIELLE EISEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · 02-2424 CIVIL TFRM JAMES FISHER, FEDEX Freight, East, as successor to American : CONSOLIDATED CASES Freightways Corporation, and/or American Freightways Corporation IN RE: ARBITRATION ORDER OFCOURT AND NOW, September 23, 2003, the CoLIrt having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and David Perkins, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By th(; Court, P.J. David Perkins, Esquire DAVID P. PERKINS ATTORNEY AT LAW 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 532-6629 E mail: davidperkins ~ comcast.net September 16, 2003 Honorable George E. Holler President Judge 1 Courthouse Square Carlisle, PA 17013 Re: Eisen et al vs American Freightways Eisen vs Fisher et al No. 02-2424 Civil Term No. 02-5397 Civil Term Dear Judge Hoffer, I was appointed Chairman of the Board of Arbitrators in the two above referenced cases. Immediately before the hearing I was informed by' all counsel involved that they had reached settlements in both cases. Counsel will be filing praecipes to settle and discontinue the cases. As per the Prothonotary's instructions I am returning bo~h files to your office for final action. Sincerely, David P. Perkins, Esquire