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HomeMy WebLinkAbout08-3368RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff ............................................................................................... JEFFREY WHITMIRE, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V NO. QQ - 3 3L S 6v? n'1 DAVID W. FISHER, Defendant 'CIVIL ACTION - LAW :JURY TRIAL DEMANDED ..............................................................................................: 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff ..................................................................................................... JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V NO. 9,p, 3 S G d C.tcQ ??. DAVID W. FISHER, ;CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ....................................................................................................: COMPLAINT AND NOW, thiscl"A 11 day of May, 2008, comes the Plaintiff, JEFFREY WHITMIRE, by his attorney, Richard F. Maffett, Jr., Esquire, and respectfully represent the following: 1. Plaintiff, Jeffrey Whitmire, is an adult individual who currently resides at 165 Frytown Road, Carlisle, Cumberland County, PA, 17015. 2. Defendant, David W. Fisher, is an adult individual who currently resides at 30 Cardinal Drive, Carlisle, Cumberland County, PA, 17015. 3. On June 14, 2006, at about 7:46 a.m., Plaintiff Jeffrey Whitmire was driving his motorcycle headed North in the left lane of the Carlisle Pike, State Route 11, just East of the intersection with Kost Road, in Mechanicsburg, Cumberland County, PA. 4. At the same time, Defendant was also driving his auto on the Carlisle Pike, State Route 11, in Mechanicsburg, Cumberland County, PA, headed North in the left lane, to the rear of Plaintiff's motorcycle. 5. As Plaintiff's motorcycle approached the intersection with Kost Road, he entered a construction area and slowed his motorcycle for the construction. 6. At the aforesaid time and place, Defendant failed to slow his vehicle for Plaintiff's motorcycle, causing the front of Defendant's vehicle to strike the rear of Plaintiff's motorcycle, as a result of all of which, Plaintiff suffered severe physical injury. 7. As a direct and proximate result of the aforesaid collision, Plaintiff suffered injuries including, but not limited to, the following: a. cervical sprain/strain; b. bilateral cervical radiculopathy; C. aggravation of cervical degenerative disc disease; d. left shoulder strain; e. thoracic sprain/strain; f. lumbar sprain/strain; g. multiple contusions of the left shoulder, knees, buttocks, and lower back; and, 2 h. abrasions of both knees. 8. As a result of the injuries he received from the aforesaid collision, Plaintiff has incurred in the past, and will incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of his aforesaid injuries. 9. As a further result of the aforesaid collision, Plaintiff suffered a loss of earnings, and permanent impairment of his earning capacity and power, and claim is made therefore. 10. As a further result of the aforesaid collision, Plaintiff has suffered permanent diminution of his ability to enjoy life and life's pleasures. 11. As a result of the injuries he received from the aforesaid collision, Plaintiff has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 12. As a direct and proximate result of the aforesaid collision, Plaintiff has incurred other financial expenses and/or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. Defendant owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate his 3 automobile in such a way as not to cause harm or damages to said other persons, and to Plaintiff in particular. 14. The collision and all of the injuries and damages to Plaintiff herein related are the direct result of the careless, reckless, and negligent manner in which Defendant operated his automobile as follows: a. failing to properly observe other traffic, and acting without due regard for the position of the other vehicles on the roadway, including Plaintiff's motorcycle; b. traveling too fast for conditions, in violation of 75 P.S. 3361; C. failing to maintain adequate control over his vehicle; d. failing to yield the right of way on the roadway; e. failing to apply his brakes in time to avoid striking Plaintiff's vehicle; and, f. following Plaintiff's vehicle too closely. WHEREFORE, Plaintiff, JEFFREY WHITMIRE, demands judgment against Defendant, DAVID W. FISHER, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and 4 costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, IL-1 J` Richard F. Maffe , J ., Esq. 4 • • . VERIFICATION I, JEFFREY WHITMIRE, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: 7-© 111-R - WHITMIRE, Plaintiff C-D f?:a cy? N 'YRb 4.1 'Y'i ft 446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY WHITMIRE, CIVIL DIVISION Plaintiff, NO. 08-3368 V. PRAECIPE FOR APPEARANCE DAVID W. FISHER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16362 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY WHITMIRE, CIVIL DIVISION Plaintiff, V. NO. 08-3368 DAVID W. FISHER, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, David W. Fisher, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEE a L.L.P,4, By: in D.` #uch, Esquire nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 10TH day of June, 2008. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & ;KEEL, L.L.P. By: *D-Rauch, Esquire nsel for Defendant cx? ?r N cn con" SHERIFF'S RETURN - REGULAR CASE NO: 2008-03368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITMIRE JEFFREY VS FISHER DAVID W ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FISHER DAVID W DEFENDANT the at 0020:10 HOURS, on the 9th day of June , 2008 at 30 CARDINAL DRIVE CARLISLE, PA 17015 by handing to DAVID FISHER DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Postage 4?l??o? .42 33.42 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/10/2008 RICHARD MAFFETT JR. By Chi ; I De uty Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY WHITMIRE, Plaintiff, V. DAVID W. FISHER, Defendant. TO: Plaintiff CIVIL DIVISION NO. 08-3368 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be eyltWV04Mpinst you. rrcDopnell, H & Skeel, . L. P. Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16362 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY WHITMIRE, CIVIL DIVISION Plaintiff, V. NO. 08-3368 DAVID W. FISHER, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, David W. Fisher, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that a collision occurred between the vehicles identified on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 6 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Admitted. 14. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 14 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, David W. Fisher, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 15. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 16. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 17. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, David W. Fisher, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &SKEE1.. L.L.P. By: " ? vi ch, Esquire unsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 3 G $ David W. Fisher #16362 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7t" day of July, 2008. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.kP. By: l v wvU _ K vin . Rauch, Esquire C unsel for Defendant c... 76 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... JEFFREY WHITMIRE, ::IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERLAND COUNTY,PENNSYLVANIA V NO. 08-3368 CIVIL ACTION - LAW DAVID W. FISHER, JURY TRIAL DEMANDED Defendant ...................................................................................................... ¢ PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this a-? day of July, 2008, comes the Plaintiff, JEFFREY WHITMIRE, by his attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represent the following: 15. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer it is denied that Plaintiff's claims are barred or limited in any way by the Pennsylvania Motor Vehicle Financial Responsibility Act. 16. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied any of Plaintiffs' claims for damages have been compensated by collateral sources and/or may not be duplicated in the present lawsuit. 17. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that any applicable statute of limitation is any bar to recovery by Plaintiff in this action. WHEREFORE, Plaintiff JEFFREY WHITMIRE demands judgment in his favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, Richard F. Maffe J ., Esq. 2 VERIFICATION I, JEFFREY WHITMIRE, have read the foregoing Plaintiff's Reply To New Matter Of Defendant and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: 07/28/08 e Are Whitmire CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Dated: il -/I? Richard F. Maffe ., Esq. c?a 3 le IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY WHITMIRE, CIVIL DIVISION Plaintiff, NO. 08-3368 V. NOTICE OF DEATH DAVID W. FISHER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16362 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY WHITMIRE, CIVIL DIVISION Plaintiff, V. NO. 08-3368 DAVID W. FISHER, (Jury Trial Demanded) Defendant. NOTICE OF DEATH The death of David W. Fisher, a party to the above action during the course of this action is noted upon the records. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L .L-R. ,, By: r F-- V vin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEATH has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18th day of February, 2009. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, yEEL, L.L.P.,,--) , GUTHRIE & SK A I By: n D. Rauch, Esquire nsel for Defendant ? C C. I -r7 Caa ^-.r'. RICHARD F. MAFFE`IT, JR., ESQUIRE 2201 N. 2nd Street Harrisburg, PA 17110 717.233.4160 PA35539 Attorney for Plaintiff JEFFREY WHITMIRE, Plaintiff V DAVID W. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3368 2008 CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard F. Maf fett, Jr. , Esq . , counsel for the plaintiff/f in the above action (moo[), respectfully represents that: 1. The above-captioned action) is (me) at issue. 2. The claim of plaintiff in the action is $ 50, 000.00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Richard F. Maffett, Jr., Esq.; Kevin G. Rauch, Esq., Summers, McDonnell, Hudock, Guthrie- -S eel, LLP WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT Richard F . f f t , Jr . , Esq. AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200---, in consideration of the foregoing Esq., and Esq., are . appointed arbitrators in the above By the Court, EDGAR B. BAYLEY CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Petition For Appointment of Arbitrators upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Kevin G. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Dated: 1 0 d " ' l Richard F. Maffett r., sq. FILE D---; - F u OF THE PPP'C ?? C° NOTARY 2009 OCT -5 Aid 8: 25 PENNSYLVMiA ck /J /yr RICHARD F. MAFFETI', JR., ESQUIRE 2201 N. 2nd Street Harrisburg, PA 17110 717.233.4160 PA35539 Attorney for Plaintiff JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3368 2008 V CIVIL ACTION - LAW DAVID W. FISHER, Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard F. Maffett, Jr., Esq. counsel for the plaintiff/OE in the above action (), respectfully represents that: 1. The above-captioned action) is (aye) at issue. 2. The claim of plaintiff in the action is $ 50, 000.00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Richard F. Maffett, Jr., Esq.; Kevin G. Rauch, Esq., Suumiers, McDonnell, Hudock, eel, LLP WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT Richard F. ff t, Jr., Esq. AND NOW, 200 7 , in consideration of the for!Ting petition, Esq., and Esq., and Esq., are . appointed arbitrators in the above captioned 'on (or actions) as pray for. r` B Co EDGAR B. BAYLEY ??C TI?~ L? ? PJCr^'?? ?J 2009OCT 15 Af111: 08 r,. ID/15?D4 ' ? £C rn ??? 944-- ?. - F1LED-3rT1'_JE TF F FpoI ?nNyOTARY 2010 FEB 17 Pri 1: 21 CLl%!Et . ?,. JV JI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PtiRNS LV NIA JEFFREY WHITMIRE, CIVIL DIVISION Plaintiff, V. NO. 08-3368 DAVID W. FISHER, (Jury Trial Demanded) Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-captioned case, SETTLED and DISCONTINUED, with prejudice. Respectfully submitted, By: ,-J/LA C Richard F. Maffett, squi Counsel for Plaintiff JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-3368 CIVIL DAVID W. FISHER, Defendant ORDER AND NOW, this 3 °1 day of February, 2010, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Keith 0. Brenneman, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Keith 0. Brenneman, Esquire Court Administrator :rlm aoco ? ?? ?z:ao