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Home My WebLink About07-6125PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS SUBROGEE OF DAVID DODD II P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. CARLISLE CARRIER CORPORATION 6380 BRACKBILL BLVD. MECHANICSBURG. PA 17050 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„ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. D? - 4p /&S C ivi l berm CIVIL ACTION AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte sus defenses o sus objeciones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio que espedido en la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 \--j PAUL F. D-EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF DAVID DODD II P.O. BOX 2013 MECHANICSBURG, PA 17055 . ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 017- 6 / z 5 CARLISLE CARRIER CORPORATION 6380 BRACKBILL BLVD. CIVIL ACTION MECHANICSBURG, PA 17050 NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMPLAINT The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, Erie Insurance Exchange, ("Erie") is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having a address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of David Dodd II, herein the ("Insured") under a policy of insurance #Q380550445, issued by Plaintiff. 3. The Defendant, Carlisle Carrier Corporation is a corporation authorized to do business in the Commonwealth of Pennsylvania with its principal office at 6380 Brackbill Blvd., Mechanicsburg, PA 17050. 4. At all times hereinafter mentioned the driver of the Defendant's vehicle, was the agent, workman, servant and employee of the Defendant, Carlisle Carrier Corporation then and there in engaged in the business of the Defendant, Carlisle Carrier Corporation within the course and scope of his/her employment. 5. On or about June 1, 2006, a motor vehicle owned by the Defendant, Carlisle Carrier Corporation and operated by its agent, servant, workman or employee illegally parked their tractor trailer against the Insured's building located at 6380 Brackbill Blvd., Mechanicsburg, PA 17050 causing exterior damage to the Insured's building. 6. Plaintiff avers that the motor vehicle of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Ten Thousand Five Hundred Sixteen and 98/100 ($10,516.98) plus the Insured's deductible of One Thousand and 00/100 ($1,000.00) Dollars for a total of Eleven Thousand Five Hundred Fifteen and 98/100 ($11,515.98) Dollars. A true and correct copy of the check issued is attached hereto, made part hereof and marked Exhibit "A." Count I 7. Plaintiff, Erie Insurance Exchange, incorporates by reference all of the allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as though same were herein and set forth at length. 8. The said occurrence was due to the negligence of the Defendant, Carlisle Carrier Corporation their agent, servant, workman or employee in that he/she: a. did fail to have the motor vehicle under proper and adequate control; b. did illegally parked their tractor trailer against the Insured's building; C. did permit or allow the vehicle to strike and collide with the insured's property; d. did fail to drive at a speed and in the manner that would allow him/her to stop within the assured clear distance ahead; e. did operate the motor vehicle without due regard for the rights, safety and 2 position of the Insured at the point of aforesaid and in a reckless manner; and f. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland, pertaining to the operation of motor vehicles. Count II 9. Plaintiff, Erie Insurance Exchange, incorporates by reference all of the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. The said occurrence was do to the negligence of the Defendant, Carlisle Carrier Corporation they: a. entrusted their vehicle to an operator for use when they knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the vehicle properly; b. negligently entrusted their vehicle to a person which they knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrusted their vehicle to a person known, should have known or in the exercise of reasonable care could have known, was going to drive the vehicle in an improper, dangerous or reckless manner; d. negligently entrust their motor vehicle to a person who did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania; and e. did violate the various statutes and laws of the County of Cumberland, and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. 3 age Pau ilio, squire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 . VERIFICATION , Subrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint 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 unswom falsification to authorities. Specialist Exhibit "A" .06V2612 007 Claims Management System CSPP032B 10:26 Check Print Page: 1 Req: WILSON ,J ------- ----------- --------------------------------------------- CHECK NO 08258861 CMS NO H258861 DATE ---------------- 04/19/2007 Pay TEN THOUSAND FIVE HUNDRED SIXTEEN AND 98/100 $$$$$10,516.98 DAVID DODD II AND PNC BANK 3000 CANBY STREET Operator Lose Date To The HARRISBURG, PA 17103-2148 7V2WICKARD 06/01/2006 Order of Claim Tax Id No 010170899657 For PAYMENT OF VEHICLE DAMAGE TO BUILDINGS LESS $1000 DEDUCTIBLE AND RECOVERABLE DEPRECIATION Cashed -------- ----------- C --------------------------------------------- 05/11/2007 --------------- rv ? p ..? --? n i co v 3n W -21 ? ? a V 4} S l aY O i I". THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant ERIE INSURANCE EXCHANGE, as Subrogee of DAVID DODD, II, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CARLISLE CARRIER CORPORATION, Defendant NO. 07-6125 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant in the above matter. DATE: /1 & A 1 543775-1 THOMA , THOMAS & HAFER, LLP By. C / Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 0 I , CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the 16 ay of 141"Iil"441- , 2007: Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 543775-1 THOMAS, THOMAS & HAFER, LLP By: Kevin C. McNamara, Esquire JM1 CID ;s THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant ERIE INSURANCE EXCHANGE, as Subrogee of DAVID DODD, II, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CARLISLE CARRIER CORPORATION, Defendant NO. 07-6125 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP By: ! C DATE: i Y1-7/0--7 Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 551234-1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant ERIE INSURANCE EXCHANGE, as Subrogee of DAVID DODD, II, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CARLISLE CARRIER CORPORATION, NO. 07-6125 CIVIL TERM Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. It is admitted that the Plaintiff is what it says it is. As to the insurance information and whether Erie is the subrogee of David Dodd, II, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 3. Admitted except that the correct zip code is 17055. 4. Denied. It is denied that the unnamed driver of the not specifically identified vehicle was an agent, workman, servant and/or employee of Carlisle Carrier who was working in the course and scope of employment at the time of the events set forth in the Complaint. 5. These allegations are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. These allegations are denied pursuant to Pa.R.C.P. 1029(e). To the extent that this paragraph alleges that a "motor vehicle of the Insured" was damaged as a result of the Defendant's conduct, the allegations in this paragraph make no sense. COUNTI 7. Defendant hereby incorporates its answers to Paragraphs 1 through 6 as if fully set forth herein. 8(a)-(f). Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that Count I of Plaintiffs Complaint be dismissed without cost to it. COUNTH 9. Defendant hereby incorporates its answers to Paragraphs 1 through 8 as if fully set forth herein. 10(a)-(e). Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that Count II of Plaintiffs Complaint be dismissed without cost to it. NEW MATTER 11. No action on the part of the Defendant, its agents, servants or employees were a substantial factor or factual cause in bringing about the damage alleged in the Complaint. 551234-1 2 12. No motor vehicle owned by the Defendant caused any damage to the Plaintiff's insured's building. 13. The damages claimed in Plaintiff's Complaint are excessive and may be reduced or eliminated by virtue of the fact that the cost of alleged repair exceeded the reduction in the value of the building. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to it. THOMAS, THOMAS & HAFER, LLP By: C'T" DATE: j -V-710 7 Kevin C. McNamara, Esquire I. D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 551234-1 3 Llfl r.r.LI JLL Lr.r.r.ILr tr rnt., 11 ?UJiJ - j't f, UU1 VERIFICATION 1, ?r)gL(C41-i state that I am an authorized representative of CARLISLE CARRIER CORPORATION, that I make this Verification on behalf of CARLISLE CARRIER CORPORATION, and that I am familiar with the facts set forth in the foregoing document- I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. CARLISLE CARRIER CORPORATION DATE: 1571-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the 7?day of 13Lce+ok" , 2007: Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 THOMAS, THOMAS & HAFER, LLP By: e,- C ?p Kevin C. McNamara, Esquire 551234-1 4 j 4J q- _ 7iTi C SHERIFF'S RETURN - REGULAR CASE NO: 2007-06125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS CARLISLE CARRIER CORPORATION STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon rLVT.TCT. rARRTP..P rr)PPr1RATTC)M the DEFENDANT , at 1345:00 HOURS, on the 19th day of October , 2007 at 6380 BRACKBILL BLVD MECHANICSBURG, PA 17050 by handing to SUE BAUM, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4.11 1110401 Sworn and Subscibed to before me this of So Answers: 18.0 9.660 .? .00 10.00 R. Thomas Kline .00 37.60 10/23/2007 PAUL D'EMILIO By: 41- day puty Sheriff A.D. i ?. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF DAVID DODD II VS. . CARLISLE CARRIER CORPORATION ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 07-6125 CIVIL ACTION REPLY TO NEW MATTER The Plaintiff, Erie Insurance Exchange, by its attorney, Paul F. D'Emilio, Esquire, replies to the New Matter of the Defendant in the above-captioned matter and sets forth as follows: 11. Denied. The allegations are conclusions of law and fact to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. Furthermore, the allegations contain conclusions of fact and the material facts upon which they are based are not pleaded with particularity as required by the Pennsylvania Rules of Civil Procedure. 12. Denied. The allegations contained in paragraphs 1 through 10 of the Complaint are incorporated herein by reference as fully as though the same were herein set forth at length. 13. Denied. It is specifically denied that the damages claimed in the Complaint are excessive. The cost of repairs as stated in Plaintiff's Complaint are the reasonable charges necessary to repair Plaintiff's insured's building. The measure of damages stated is a conclusion of law to which no responsive pleading is required. 1 WHEREFORE, Plaintiff respectfully requests that the New Matter filed by the Defendant be stricken. Respectfully submitted, Av-'.J9& I F. Emilio, Esquire Attorney for Plaintiff VERIFICATION Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-captioned matter verifies that the facts contained in the foregoing Reply to New Matter 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 to authorities. DATE: aul F. D'Emilio. Esquire Attorney for Plaintiff PAUL F. D'EMILIO, ESQUIRE ATTORNEY 1. D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE COMMON PLEAS COURT OF AS SUBROGEE OF DAVID DODD II CUMBERLAND COUNTY VS. NO. 07-6125 CARLISLE CARRIER CORPORATION CIVIL ACTION CERTIFICATE OF SERVICE I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of Plaintiff's Reply to New Matter in the above-entitled matter has been served upon the following person on the do day of December, 2007 by first-class U.S. Mail, postage prepaid: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP P. O. Box 999 305 North Front Street Harrisburg, PA 17108-0999 (717) 237-7132 Paul F. D'Emilio, Esquire Attorney for Plaintiff +v G' ° O M, N f1l .c'_' ?j +J -G THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 Richard S. Wade, Esquire Identification Number: 209843 P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7053 Attorneys for Defendant ERIE INSURANCE EXCHANGE, as Subrogee of DAVID DODD, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CARLISLE CARRIER CORPORATION, NO. 07-6125 CIVIL TERM Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as co-attorney for Defendant in the above matter. Respectfully submitted, THOMAS, By: l/4:-l Rich S. Wade, Esqu 1. . 09843 DATE: F*vin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7053 Attorneys for Defendant LLP 543775-1 r CERTIFICATE OF SERVICE I, Richard S. Wade, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the ?ay of 2008: Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 B, 543775-1 THOMAS, THOMAS & HAFER, LLP rr --v ERIE INSURANCE EXCHANGE, as Subrogee of DAVID DODD, II, Plaintiff V. CARLISLE CARRIER CORPORATION, Defendant NO. 07-6125 CIVIL TERM JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas, Thomas & Hafer, LLP, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $50,000. The counterclaim of the defendant in the action is N/A. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: THOMAS, THOMAS & HAFER, LLP. Kevin C. McNamara, Esquire, Richard S. Wade, Esquire, and Paul F. D'Emilio, Esquire, Plaintiff Counsel WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfu d, Rich /d. Wade, ORDER OF THE COURT AND NOW, petition, Esq., and captioned action as prayed for. 2009, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 696109.1 J OF Tfll- oTpr4y 2099 i,il t 1 114 Cull .. ?a4. oo P D ATq CV It I q-8o85 2,T* aa??aa IJa4.?.. oaxi"I ERIE INSURANCE EXCHANGE, as Subrogee of DAVID DODD, 11, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CARLISLE CARRIER CORPORATION, Defendant NO. 07-6125 CIVIL TERM JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas, Thomas & Hafer, LLP, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $50,000. The counterclaim of the defendant in the action is N/A. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: THOMAS, THOMAS & HAFER, LLP. Kevin C. McNamara, Esquire, Richard S. Wade, Esquire, and Paul F. D'Emilio, Esquire, Plaintiff Counsel WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectf . d, Rich d . Wade, ORDER OF THE COURT AND NOW, , 2009, in consideration of the foregoing petition, ,Esq., and Esq., and Esq., are appointed arbitrators in the above captioned tion as prayed for. B tl?e Court; 696109.1 J. FILED-011-FILE OF TrrE . PO n IOTARY. 2009 MAY 14 P 1: S 5" r rIN' YL11,=aNiA ?aC 00 PD AIII Cv_ It 14+8085 e "61cgA yJ ri ,i;i- ERIE INSURANCE EXCHANGE, IN THE COURT OF COMMON PLEAS OF AS SUBROGEE OF DAVID DODD, II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CARLISLE CARRIER CORPORATION, DEFENDANT : 07-6125 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. James D. Flower, Jr., Esquire, Chairman, shall be paid the sum of $50.00. ?James D. Flower, Jr., Esquire Court Administrator :sal eoaY rnatl? I Edgar B. Bayley, J. 2M DEC r l PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR THE PLAINTIFF ERIE INSURANCE EXCHANGE COMMON PLEAS COURT OF AS SUBROGEE OF DAVID DODD 11 CUMBERLAND COUNTY VS. NO. 07-6125 CARLISLE CARRIER CORPORATION CIVIL ACTION PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY, P.C.: Kindly mark the above entitled matter discontinued and ended upon payment of your cost only. Date: Paul W. Schofield, Jr., Esquire Jderh?tification No.: 81894 e-mail address: pauls@demiliolaw.com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road. Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 7009 DEC 17 P 3` D7 k `fi ERIE INSURANCE EXCHANGE IN THE COURT OF COMMON PLEAS OF as Subrogee of DAVID DODD, II, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 07-6125 CIVIL CARLISLE CARRIER CORPORATION, Defendant ORDER AND NOW, this !,'P' day of March, 2010, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. , ?James D. Flower, Jr., Esquire Court Administrator _ ??L 1';J Pt rlm IY 3?a;LI I v -Ak &A41L arr 0cx.zf - BY THE COURT, /J Kevi . Hess, P. J. 0 ° c 3•? n7 N C7