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Home My WebLink About01-04661ANGINO & ROVNER, P. C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/2386791 FAX 717/23&5610 W W W.A.'7GIN6ROVNER.COM EMAIL: DLUTZ@ANGIN6ROVNER.COM RICHARD C. ANGIND h11CHAEL & KOSaC NEaJ.ROVNER RICHARDA.SADLOCK JosErH M. MELaw losEPx hl. DORLI T2RRY S. HYMAN JAMES DECINTI DAVID L. Lutz November 2, 2001 Marlin McCaleb, Esquire 219 East Main Street P.O. Box 230 Mechanicsbllrs?. PA 1?O55 Re: Beaston v. Erie Dear Mr. McCaleb: Per your request, this letter will serve to confirm that the above-captioned action has settled. Very truly yours, avid .Lutz /mtg cc John Statler, Esquire Timothy Shollenberger, Esquire James Nealon, Esquire 235114.1\DLLUITG DARLENE and RICHARD BEASTON, IN THE COURT OF COMMON PLEAS OF Petitioners CUMBERLAND COUNTY, PENNSYLVANIA v. ERIE INSURANCE CO., Respondent CIVIL ACTION - LAW NO. 01-4661 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) MARLIN R. McCALEB, Esquire, certifies and says: that he l AW CIFFIC FS MARLIN R_ McCALEB is the Arbitration Chair in the above matter; that he did serve the Notice of Hearing by Arbitrators in the above matter by depositing same in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on August 24, 2001, properly addressed to: (1) David L. Lutz, Esquire ii (attorney for the Petitioners), Angino & Rover, P.C., 4503 North Front Street, Harrisburg, Pennsylvania 17110, with proper postage attached, certified United States mail (Receipt No. 7099 3400 0017 1940 0860, return receipt requested); that thereafter he did receive said return receipt card indicating receipt of said copy of the Notice on August 27, 2001; and that the said certified mail receipt and return receipt card are attached hereto and made a part hereof, marked Exhibit "A"; and (2) John A. Statler, Esquire (attorney for the Respondent), 'Goldberg, Katzman & Shipman, 320E Market Street, P.O. Box 1268, Harrisburg, Pennsylvania 17108, with proper postage attached, i 'certified United States mail (Receipt No. 7099 3400 0017 1940 I,o877, return receipt requested); that thereafter he did receive (said return receipt card indicating receipt of said copy of the jNotice on August 27, 2001; and that the said certified mail ,receipt and return receipt card are attached hereto and made a ;part hereof, marked Exhibit "B". I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification. Date: September 4, 2001 LAW OFFICES MARLIN ft. McCALEB ~~~ Marlin R. McCaleb _2_ 0 0 ~ S Postage $ f 3 ~ Cedifietl Fee ^G/ 0 ~ A~ ~~~ _ ' ~P6stm M1 ~ Return Receipt Fee (Endorsement Requ'vedj ~ s' Hep ~' O Restricted Delivery Fee O (Endorsement Required) C~ ,~~pq~ ~ Total Postage 8 Fees $ / 9 S rr7 Reci Tent's Nam ase Pnn lea ~P~V D rryJ (to be comple[etl by mailer) St ~ `~ tT ~- . ~L Z f C _..____i...__.... ~._ Q. Streeq Apt. No.; or PO Box No. ----------~ ~---------- ~ r-------~ ~ v 3 r r~l~ ~ sr~-~~r- ~' - N N - - - ---- ---- - ----------------------- -- C ,State, ZIP+4 {J14R2cC/Ymt~ ~[~ _.______""'""-----' - ~- I !~//U ^ Complete kerns 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 [alum the card to you. ^ Attach this card totheback of the mailpiece, or on the front if space peimits. 1. Article Addressed to: Dgurv G. ~Ktz, £ r¢2. ySd3 N, Iej2-on7 s~`2~~fi ~.r2 if /S Gt,26~ ~/} / rJ/! o 2. Article Number ((:bpy morn service i 70 9g .3'~~ib= ~r~=~ PS Form 3811, duly 1999 ~~ B. C. Sigpatgre ^ Addre D, Is delNery address tlliferent from i ~em 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ~Certigetl Mail ^ Express Mail O Registered '~ Return Receipt for Memhandi&e' ^ Insured Mail ^ C.O.D. 4. RestriGed DaNVery? {Extra Fee) ^ Ves - 1 ~ ~ Ipt 102595-00-A9rA952 EXHIBIT "A" N rv m 0 ~ 7 Postage $ ~ a Certilietl Fee t• Return Receipt Fee (Endorsement Required) ~ O Reriricted Delivery Fee [7 (Endorsement Required) 0 Total Postage & Fees ; S Recipient's Name (Please. m er- S3eo2O t~NO.; or~P,O Box p o --- biryry~State, ZIPt4 t• .CL n.norc n/nr ^ ~ ~ ~ "Here ,; ro _t~il ~ 5~:. (~U. fax/~6~ ^ Complete Items'1, 2, end 3. AIsO Complete A. R ce^Wed by (PJease Print Cleaify) B. Date of Delivery Item 4 if Restricted Delivery is desired. _ ^ Prim our name and address on the rev y erse so that we can return the card to you. c C. S/i~gnyat~ure ^ Attach this ard to the back of the mailpiece, X y/,~/, ent ~ or on the front if space permits. ~ Addressee v 1. Article AOdi§ssed to: D. Is delivery address different from Rem 1? ^ Yes RYES, enter delive address below: ^ No GoGJl3G26'~ r~/~-TZmaov ~ S>'i i/~ iyt RN 3aoE m~e.bcEr-Sri2FCt- J~t7. fdGx /a6~ p t<'><79"reQ 7S J3U ~6 //~~7/0~ r 3.: Service. Type Certified Mail ^ Express Mail ^ Registered ~ Return Receipt for Memhandise ^ Insured Meil ^ C.O.D. 4. ResMCted Delivery? (Extre Fee) ^ yes 2. Article Number (Copy hum service label) PS Form 3811, July 1999 Domestic R'aturn P I 102595-OPM-0952 EXHIBIT "B" DARLENE and RICHARD BEASTON, IN THE COURT OF COMMON PLEAS OF Petitioners CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ERIE INSURANCE CO., NO. 01-4661 CIVIL TERM Respondent NOTICE OF HEARING BY ARBITI2ATOR5 You are hereby notified that the Arbitrators in the above- captioned case will sit for the purpose of their appointment at the Law Offices of Marlin R. McCaleb, 219 East Main Street, Mechanicsburg, Pennsylvania, on Friday, November 30, 2001, at 9:30 o'clock A.M., at which time and place you may appear with your respective clients and your witnesses to present such evidence and testimony as you may have in the case. The Arbitrators reserve the right to adjourn the Hearing from time to time as necessary.; Upon request of a party for good cause shown or upon their own motion, the Arbitrators may postpone the Hearing to a later date. The Arbitrators may decide this controversy upon the evidence produced at the Arbitration Hearing, notwithstanding the failure of a duly notified party to appear. Any party desiring to have a stenographic record of the testimony taken should make arrangements with a certified court reporter in advance of the Hearing. Timothy A. Shollenberger, Esquire James G. Nealon, Esquire Marlin R. McCaleb, Esquire Arbitration Chair August 23, 2001 TO: David L. Lutz, Esquire Attorney for Petitioners John A. Statler, Esquire Attorney for Respondent i_Aw orFlces MARLIN ft. M~CALEB t :+ DARLENE and RICHARD BEASTON, Isetitioners v. ERIE INSURANCE CO., Respondent IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PA CIVIL ACTION -LAW ORDER AND~NOW, this ~~ day of , 2001, IT IS HEREBY ORDERED that ~~ is appointed a Chair of this underinsured motorist arbitration proceeding. ~~ ~ BY THE COURT: J. • 233920.IUTTGU.C3 1~~ ~" NicV~Il~?AcN(Vyd l-. s [ 1 DARLENE and RICHARD BEASTON, Petitioners v. ERIE INSURANCE CO., Respondent IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. Ol - ~`~~ ~IV~ lE/t-Yr~ PETITION FOR A COURT ORDER APPOINTING A CHAIR OF AN UNDERINSURED MOTORIST ARBITRATION AND NOW, come the Petitioners Darlene and Richard Beaston, by their attorneys, Angino & Rovner, P.C., and respectfully request this Honorable Court to appoint a chair of an underinsured motorist arbitration. In support, Petitioners respectfully represent the following: 1. Petitioners are adult individuals residing in Newville, Cumberland County, Pennsylvania. 2. Respondent Erie Insurance Co. ("Erie") is an insurance company licensed to do business in the Commonwealth of Pennsylvania with offices located in Cumberland County, Pennsylvania. 3. On June 15, 1998, Petitioner Darlene Beaston was injured in a motor vehicle accident at the intersection of SR 896 and SR 796, New London Township, Chester County, Pennsylvania. 4. On June 15, 1998, Petitioner Darlene Beaston was a named insured on an Erie automobile insurance policy covering the vehicle in which she was a passenger. 5. Said policy was in full force and effect on June 15, 1998, and provided underinsured motorist coverage. 6. The subject automobile accident was caused by the negligence of Lee Matthew Hadley. At the time of the subject accident, Lee Matthew Hadley was underinsured. 233920.1\MTG\LC3 c l 7. By letter dated June 7, 2001, Petitioners named Attorney Timothy Shollenberger as their arbitrator and requested Respondent to select its attorney and azbitrator (see Exhibit A). 8. Erie retained the services of Attorney John Statler. Attorney Statler named Attorney James Nealon as Erie's Arbitrator. 9. Counsel for the Petitions and Respondent have been unable to agree on a Chair for the arbitration panel. 10. The Erie policy provides that if the parties are unable to select a chair, a Court of competent jurisdiction may appoint a chair. 11. This Honorable Court has jurisdiction over the matter given the language of the policy and the fact that the Petitioners reside in Cumberland County. WHEREFORE, Petitioners Darlene and Richard Beaston respectfully request this Honorable Court to appoint a Chair of this underinsured motorist arbitration proceeding. ANG1N0 & ROVNER, P.C. Date: ~l ~ ~~ 233920.IVvITG11,C3 2 David L. utz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Attorney for Petitioners A.NGIl~O ~ RG ~710TER, I'. C, 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1708 RIGHARD C. ANGINO NEIL J. ROVNER JOSEPH M. MELRIO TEARY S. HYMAN DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK JOSEPH M. DORIA JAMES DECINTI 717/238b791 FAX 717/23&5610 W W W.ANGINO-ROVNER.COM EMAIL: DLlTf~G°ANGINO-AOVNER.COM June 7, 2001 Mr. Douglas Kocher Erie Insurance Company 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055-0710 Re: Insured: Darlene Beaston Claim No.: Unknown Date of Loss: 6-15-98 Dear Mr. Kocker: We have decided to arbitrate Mrs. Beaston's UIM claim. Please retain counsel and have counsel appoint an arbitrator. We have appointed Attorney Timothy Shollenberger as the insured's arbitrator. Very truly yours, r' David L. Lutz DLL:mtg cc Timothy Shollenberger, Esquire 226859.1\DLLI~ITG _ r ~~~~~~ CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing PETITION FOR A COURT ORDER APPOINTING A CHAIR OF AN UNDERINSURED MOTORIST ARBITRATION upon counsel for Respondent by placing same in the United States mail, postage prepaid, addressed as follows: John A. Statler, Esquire Goldberg, Katzman & Shipman 320E Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Respondent Date: ~f ~a ~~ 1 ~ ~ _ M T. aets 233920.1~A~STG\LC3 ~ ~ v[ N1 l //~~ ~S °(O ~c n c -~ ~_; ~' ~r T_ C, r_i C? ~~ ~~ I G_` i7 :1 W ::J L7 ,. ~~ ,, i 1_Y - -i'i C_ ~~; ", k' ~;