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Home My WebLink About04-0169CARLISLE YMCA, Plaintiff PEERLESS INSURANCE COMPANY, formerly known as ONE BEACON INSURANCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0q CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of summons against Peerless Insurance Company, formerly One Beacon Insurance, 100 Corporate Center Drive, Camp Hill, PA 17011, as Defendant in the above-captioned action and forward same to the Cumberland County Sheriff for service. MARTSON DEARDORFF WILLIAMS & OTTO By ~ ll~~E,, iG. ;~eun~B~ eF;~,l~r., squi¢ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 13, 2004 Attomeys for Plaintiff Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS CARLISLE YMCA Plaintiff Vs. PEERLESS INSURANCE COMPANY Court of Common Pleas No. 04-169 CIVIL In CivilAction-Law formerly known as ONE BEACON INSURANCE 100 CORPORATE CENTER DRIVE, CAMP HILL PA 17011 Defendant To Peerless Insurance Company Formerly Known as One Beacon Insurance You are hereby notified that Carlisle YMCA the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date January 13, 2004 CURTIS R. LONG Attorney: Name: George B. Failer, Jr. Esq. Address: Ten East High Street Carlisle PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 49813 TRUE COPY FROM RECORD In T~Jm,~y whereof, I here unto ~ my hand CARLISLE YMCA, Plaintiff PEERLESS 1NSURACNE COMPANY formerly known as ONE BEACON iNSURANCE, Defendant IN THE COURT OF COMMN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~-169 CIVIL ACTION-LAW : BINDING ARBITRATION AWARD OF ARBITRATOR After consideration of the testimony and documentary evidence offered by the respective parties at heating held May 20, 2004, the undersigned Arbitrator, pursuant to the provisions of the Uniform Arbitration Act, 42 Pa. C.S. § 7301, et seq., hereby awards in favor of the Plaintiff Carlisle YMCA and against the Defendant Peerless Insurance Company in the sum of six thousand one hundred thirty nine ($6,139.00) dollars. G. Thomas Miller Arbitrator Date of Award: June 9, 2004 CARLISLE yMCA, Plaintiff PEERLESS INSURACNE COMPANY formerly known as ONE BEACON iNSURANCE, Defendant IN THE COURT OF COMMN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~-169 CIVIL ACTION-LAW AGREEMENT FOR BINDING ARBITRATION This is an Agreement among the parties and their designated Arbitrator for binding arbitration of the claims being asserted in the above action, whereof the following is a statement: 1. This case shall be heard and decided by the Arbitrator hereinafter named in accordance with the principles and law of the Pennsylvania Uniform Arbitration Act, 42.Pa.C.S. 7301, et seq. 2. This arbitration procedure and the decision of the Arbitrator shall be determinative and conclusive of any and all issues raised and claims made in the aforementioned case, except for any rights of appeal provided by said Act. 3. The Arbitrator and the parties shall be governed by the Pennsylvania Rules of Evidence in the conduct of hear/ng(s) held hereunder, except as their application may be amended by mutual agreeme, nt of the Arbitrator and all counsel. 4. Either party, with advance notice to the other party, may arrange for a stenographic record to be made of the heating(s). Sharing of cost for same, and furnishing of transcripts, shall be subject to agreement of the parties. The Arbitrator will have no responsibility for such arrangements. 5. The Arbitrator shall file and serve his award within twenty (20) days of the conclusion of the hearing(s), unless such time is extended for a further fixed per/od by agreement of all parties. The award shall be conclusiory in nature without findings of fact, conclusions of law or discussion by the Arbitrator, unless such findings, conclusions and discussion are requested by counsel, or the Arbitrator elects to provide same. 6. Hearing(s) shall be held by the Arbitrator at Plaintiff's headquarter's, 311 South West Street, Carlisle, PA, or at such other place(s) and at such date(s) and time(s) as the Arbitrator and the parties shall hereafter mutually agree. 7. The Arbitrator shall be G. Thomas Miller, Esquire, of Camp Hill, Pennsylvania and shall be compensated for his services at the rate of $225.00 per hour. The-lyaV~s shall be responsible for payment of the Arbitrator's fees,,,, equal ,har~s S ch payment sha I be made within thirty (30) days after service of the Arbitrator's award and presentation of his invoice. 8. This Agreement may be executed in counterparts which when assembled shall constitute the entire Agreement. 9. It is the intention of the parties to be legally bound by the terms hereof. Made and concluded as of May IX, 2004 In the presence of: G. Thomas Miller, Arbitrator Carlisle~M, CA, PlentifUl_ BY~ oe~rg~. Falleri(~ Peerless Insurance Company, Defendant Keith Levene, Property Claims Field Unit Leader SHERIFF'S RETURN - CASE NO: 2004-00169 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE YMCA VS PEERLESS INSUPJ~NCE COMPANY REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS PEERLESS INSUP~ANCE COMPANY FKA ONE BEACON DEFENDANT , at 0955:00 HOURS, on the at 100 CORPORATE CENTER DRIVE CA/~P HILL, PA 17011 MICHAEL GRIFFIN, ASSISTANT a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon INSURANCE the 15th day of January , 2004 by handing to CLAIMS NLANAGER together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.35 .... ~? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.35 Sworn and Subscribed to before me this j~,~-~ day of D/.~ 2~oV A.D. 01/16/2004 MDW&O ~ Deputy Sheriff CARLISLE YMCA, Plaintiff PEERLESS INSURANCE COMPANY, formerly known as ONE BEACON INSURANCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-169 CIVIL ACTION-LAW JURY TRIAL O]? TWELVE DEMANDED PRAECIPE FOR BILL OF COST Plaintiff, through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, hereby certifies to the Court that the following docket costs were incurred in this action: $55.50 for the Writ of Summons; and $38.35 Sheriff service for Writ of Summons Total Recoverable Cost: $93.85 MARTSON DEARDORFF WILLIAMS & OTTO George/~"fFaller, Jr., Esquire I.D. Number 49813 Ten East High Stre. et Carlisle, PA 17013 (717) 243-3341 Date: June 16, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE; I, Jean M. Taylor, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Michael P. Griffin, CPCU, AIC, AIM Peerless Insurance 100 Corporate Center Drive Camp Hill, PA 17011 Mr. Ken Levene Property Field and Claims Unit Leader Peerless Insurance 100 Corporate Center Drive Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO BY jean J~l.'. Taylor / Ten E~tst High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 16, 2004