HomeMy WebLinkAbout08-3430PAUL 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 PLAINTIFF
NORGUARD INSURANCE GROUP
AS SUBROGEE OF THE GREASEBUSTERS
OF PA
P.O. BOX 1368
WILKES-BARRE, PA 18703
VS.
DAVID S. MILLER
107 RACE STREET
BOILING SPRINGS, PA 17007
AND
JODI S. STANFIELD
5 FORGE ROAD
BOILING SPRINGS. PA 17007
NOTICE
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Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
THIS IS AN ARBITRATION MATTER
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 02- 3430 lCIVIL ACTION
MSO
Le han demandado a usted an la corte. Si usted quiere defenderse de
estas demandas expuestas an las paginas siguientes, usted tiene (20) dies
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" des y puede entrar una orden contra usted sin previo aviso o
notificacion o por cuaigier queja o alive qua espedido an la peticion de
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LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA
PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO
A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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 PLAINTIFF
THIS IS AN ARBITRATION MATTER
NORGUARD INSURANCE GROUP -
AS SUBROGEE OF THE GREASEBUSTERS
OF PA
P.O. BOX 1368
WILKES-BARRE, PA 18703
VS.
DAVID S. MILLER
107 RACE STREET
BOILING SPRINGS, PA 17007
AND
JODI S. STANFIELD
5 FORGE ROAD
BOILING SPRINGS, PA 17007
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO.
CIVIL ACTION
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, NorGuard Insurance Group, by its attorney Paul F. D'Emilio,
Esquire, bring this action upon a cause whereof the following is a statement:
1. The Plaintiff, NorGuard Insurance Group, ("NorGuard ") is a Corporation
authorized to do business in the Commonwealth of Pennsylvania, having an mailing
address of P.O. Box 1368, Wilkes-Barre, PA 18703.
Plaintiff brings this action as subrogee of The Greasebusters of PA, herein the
("Insured") under a policy of insurance issued by Plaintiff.
2. Defendant, David S. Miller, is an individual residing at 107 Race Street, Boiling
Spring, PA 17007.
3. Defendant, Jodi S. Stanfield, is an individual residing at 5 Forge Road, Boiling
Spring, PA 17007.
4. At all times hereinafter mentioned the Defendant, David S. Miller was the
agent, workman, servant and employee of the Defendant, Jodi S. Stanfield then and
there in engaged in the business of the Defendant, Jodi S. Stanfield within the course
and scope of his employment
5. On or about June 11, 2006, a motor vehicle owned by the Defendant, Jodi S.
Stanfield and operated by the Defendant, David S. Miller was traveling on Route 15,
Camp Hill, Pennsylvania when he rear-ended Plaintiff's Insured's vehicle causing the
damages hereinafter set forth.
6. As a result of the aforesaid, Plaintiff's Insured's employees suffered injuries. All
of which caused them and will for an indefinite time in the future, great pain and agony
and prevented them and probably will in the future, from daily activities.
7. As a result of the injuries to Plaintiffs Insured employees and Defendant's failure
to maintain financial responsibility as required by law, Plaintiff has been obligated to pay
to the Insured a sum of Six Thousand Eight Hundred Fifty and 60/100 ($6,850.60)
Dollars pursuant to the workers' compensation provisions of their insurance policy.
Count I
NorGuard Insurance Group v. David S. Miller
8. Plaintiff, NorGuard Insurance Group, incorporates by reference all of the
allegations contained in paragraphs 1 through 7 inclusive of this Complaint as fully as
though same were herein and set forth at length.
9. The said occurrence was due solely to the negligence of the Defendant,
David S. Miller, in that he:
2
a. did fail to have the motor vehicle under proper and adequate control;
b. did operate the motor vehicle at an excessive rate of speed;
C. did fail to apply the brakes in time to avoid the collision;
d. did negligently apply the brakes;
e. did fail to operate the vehicle in accordance with existing conditions;
f. did fail to drive at a speed and in the manner that would allow him to stop
within the assured clear distance ahead;
g. did fail to keep a reasonable lookout for other vehicles lawfully on the
road;
h. did operate the motor vehicle without due regard for the rights, safety and
position of the Insured at the point of aforesaid;
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
NorGuard Insurance Group v. Jodi S. Stanfield
10. Plaintiff, NorGuard Insurance Group, incorporates by reference all of the
allegations contained in paragraphs 1 through 9 inclusive of this Complaint as fully as
though same were herein and set forth at length.
11. The said occurrence was do to the negligence of the Defendant, Jodi S.
Stanfield, in that she:
a. negligently entrust her vehicle to another operator for use when she knew,
or with a reasonable exercise of due care should have known, that the operator was not
capable of operating the motor vehicle properly;
b. negligently entrust her motor vehicle to a person which she knew, or in the
exercise of reasonable care should have known, was an incompetent driver;
C. negligently entrust her motor vehicle to a person known, should have
known or in the exercise of reasonable care would have known, was going to drive the
3
vehicle in an improper, dangerous or reckless manner; and
d. negligently entrust her motor vehicle to another person who she knew,
should have known or in the exercise of due care would have known would cause
damages to another.
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.
Date: (?_ 3 -o
au &l . D'Emilio, Esquire
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
4
ATTORNEY VERIFICATION
Attorney Paul F. D'Emilio, Esquire is the attorney for the Plaintiff in this case. This
verification is being made on behalf of the Plaintiff who are currently outside the jurisdiction of
this court and the verification of none of them can be obtained within the time allowed for filing
this Pleading. This verification is being made in accordance with PA.R.C.P. 1024.
Plaintiff's counsel verifies that the information contained in the foregoing Complaint is
true and correct to the best of his knowledge, information and belief.
This verification is made subject to the penalties of 18 PA.C.S.A Section 4904 relating to
unsworn falsification to authorities.
DATE: C'-
Paul F. D'Emilio, Esquire
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03430 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORGUARD INSURANCE GROUP
VS
MILLER DAVID S ET AL
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
MILLER DAVID S the
DEFENDANT , at 0019:15 HOURS, on the 9th day of June 2008
at 107 RACE STREET
BOILING SPRINGS, PA 17007 by handing to
DAVID MILLER 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 6.00
Affidavit .00
Surcharge 10.00
00
34.00
Sworn and Subscibed to
before me this
of
day
So Answers:
zor
R. Thomas Kline
06/17/2008
PAUL F. D'EMILIO
I Deputy Sheriff
A.D.
CASE NO: 2008-03430 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORGUARD INSURANCE GROUP
VS
MILLER DAVID S ET AL
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
STANFIELD JODI S
DEFENDANT
at 5 FORGE ROAD
the
, at 0018:56 HOURS, on the 16th day of June , 2008
BOILING SPRINGS, PA 17007
JODI STANFIELD
DEFENDANT
by handing to
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 6.00
Service 6.00
Affidavit .00
Surcharge 10.00
G/.1 N/o f ( ?
,, 00
-'
2
Sworn and Subscibed to
before me this day
So Answers:
. ,Thomas Kline
06/17/2008
PAUL F. D'EMILIO
By:
Deputy Sheriff
of , A. D.
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 PLAINTIFF
THIS IS AN ARBITRATION MATTER
JULIO MELENDEZ FOR THE USE AND
BENEFIT OF NORGUARD INSURANCE CO.
16 SOUTH RIVER STREET
WILKES-BARRE, PA 18703
VS.
DAVID S. MILLER
107 RACE STREET
BOILING SPRINGS, PA 17007
AND
JODI S. STANFIELD
5 FORGE ROAD
BOILING SPRINGS. PA 17007
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 08-3430 CIVIL TERM
CIVIL ACTION
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.
AMENDED COMPLAINT
The Plaintiff, Julio Melendez for the Use and Benefit of Norguard Insurance Co.,
by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the
following is a statement:
The Plaintiff, Julio Melendez for the Use and Benefit of Norguard Insurance Co.,
("NorGuard ") is a Corporation authorized to do business in the Commonwealth of
Pennsylvania, having an address of 16 South River Street, Wilkes-Barre, PA 18703.
Plaintiff brings this action as subrogee of The Greasebusters of PA, herein the
("Insured") under a policy of insurance issued by Plaintiff.
2. Defendant, David S. Miller, is an individual residing at 107 Race Street, Boiling
Spring, PA 17007.
3. Defendant, Jodi S. Stanfield, is an individual residing at 5 Forge Road, Boiling
Spring, PA 17007.
4. At all times hereinafter mentioned the Defendant, David S. Miller was the
agent, workman, servant and employee of the Defendant, Jodi S. Stanfield then and
there in engaged in the business of the Defendant, Jodi S. Stanfield within the course
and scope of his employment
5. On or about June 11, 2006, a motor vehicle owned by the Defendant, Jodi S.
Stanfield and operated by the Defendant, David S. Miller was traveling on Route 15,
Camp Hill, Pennsylvania when he rear-ended Plaintiff's Insured's vehicle causing the
damages hereinafter set forth.
6. As a result of the aforesaid, Plaintiff's Insured's employees suffered injuries. All
of which caused them and will for an indefinite time in the future, great pain and agony
and prevented them and probably will in the future, from daily activities.
7. As a result of the injuries to Plaintiffs Insured employees and Defendant's failure
to maintain financial responsibility as required by law, Plaintiff has been obligated to pay
to the Insured a sum of Six Thousand Eight Hundred Fifty and 60/100 ($6,850.60)
Dollars pursuant to the workers' compensation provisions of their insurance policy.
Count I
Julio Melendez for the Use and Benefit of Norguard
Insurance Co. v. David S. Miller
8. Plaintiff, Julio Melendez for the Use and Benefit of Norguard Insurance Co.,
incorporates by reference all of the allegations contained in paragraphs 1 through 7
inclusive of this Complaint as fully as though same were herein and set forth at length.
9. The said occurrence was due solely to the negligence of the Defendant,
2
David S. Miller, in that he:
a. did fail to have the motor vehicle under proper and adequate control;
b. did operate the motor vehicle at an excessive rate of speed;
C. did fail to apply the brakes in time to avoid the collision;
d. did negligently apply the brakes;
e. did fail to operate the vehicle in accordance with existing conditions;
f. did fail to drive at a speed and in the manner that would allow him to stop
within the assured clear distance ahead;
g. did fail to keep a reasonable lookout for other vehicles lawfully on the
road;
h. did operate the motor vehicle without due regard for the rights, safety and
position of the Insured at the point of aforesaid;
L 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
Julio Melendez for the Use and Benefit of Norguard
Insurance Co. v. Jodi S. Stanfield
10. Plaintiff, Julio Melendez for the Use and Benefit of Norguard Insurance Co.,
incorporates by reference all of the allegations contained in paragraphs 1 through 9
inclusive of this Complaint as fully as though same were herein and set forth at length.
11. The said occurrence was do to the negligence of the Defendant, Jodi S.
Stanfield, in that she:
a. negligently entrust her vehicle to another operator for use when she knew,
or with a reasonable exercise of due care should have known, that the operator was not
capable of operating the motor vehicle properly;
b. negligently entrust her motor vehicle to a person which she knew, or in the
exercise of reasonable care should have known, was an incompetent driver;
3
l
C. negligently entrust her motor vehicle to a person known, should have
known or in the exercise of reasonable care would have known, was going to drive the
vehicle in an improper, dangerous or reckless manner; and
d. negligently entrust her motor vehicle to another person who she knew,
should have known or in the exercise of due care would have known would cause
damages to another.
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.
Date: . D
1;#auw t-. u-Emnio, Esquire
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
4
VERIFICATION
1, Paul M. Schofield, Jr., Esquire, certify that I am the attorney for the Plaintiff in
the above captioned matter and do verify that the statements made in the foregoing
pleading are true and correct to the best of my knowledge, information and belief. I
further understand that false statements therein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to authorities. A representative of the
Plaintiff was unavailable to execute this instant verification within the time required by
the rules of civil procedure. A substituted verification will be provided to satisfy the rules
of civil procedure.
Date: 7?? d
OX,
Name
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Johnson, Duffle, Stewart & Weidner
By: Jefferson J. Shipman
I. D. No. 51785
Kelly L. Bonanno
I.D. No. 200811
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Phone: (717) 761-4540
E-mail: jjs@jdsw.com
klb@jdsw.com
NORGUARD INSURANCE GROUP
AS SUBROGEE OF THE
GREASEBUSTERS OF PA,
Plaintiff
V.
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3430 Civil Term
CIVIL ACTION - LAW
DAVID S. MILLER and JURY TRIAL DEMANDED
JODI S. STANSFIELD, :
Defendants
ANSWER OF DEFENDANTS DAVID S. MILLER AND
JODI S. STANSFIELD-MILLER TO PLAINTIFF'S COMPLAINT
AND NOW, come the Defendants, David S. Miller and Jodi S. (Stansfield) Miller,
by and through their counsel, Johnson, Duffle, Stewart & Weidner, and file the foregoing
Answer to Plaintiff's Complaint:
1. Denied. After reasonable investigation, the Answering Defendants are
without knowledge or information sufficient to form a belief as to the truth of the
averments contained in Paragraph 1.
2. Admitted.
3. Admitted.
4. Denied. The averments contained in Paragraph 4 are conclusions of law
and fact to which no response is required. If it is determined that a response is
required, the averments contained in Paragraph 4 are specifically denied.
5. Admitted in part. Denied in part. The ownership and operation of the
vehicle by the parties alleged are admitted. The remainder of Paragraph 5, however, is
denied to the extent that it implies negligence and/or responsibility for Plaintiffs alleged
damages on the part of Defendants.
6. Denied. Answering Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 6.
Therefore such allegations are denied and strict proof thereof is demanded at trial.
7. Denied. Answering Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 7.
Therefore, such allegations are denied and strict proof thereof is demanded at trial.
COUNTI
NorGuard Insurance Group v. David S. Miller
8. Answering Defendants incorporate by reference their responses to
Paragraphs 1-7 as though set forth herein at length.
9. Denied. It is specifically denied that Mr. Miller was negligent in any way.
a. Denied. It is specifically denied that Mr. Miller failed to control his vehicle.
b. Denied. It is specifically denied that Mr. Miller operated his vehicle at an
excessive rate of speed.
C. Denied. It is specifically denied that Mr. Miller filed to apply his brakes to
avoid the collision.
d. Denied. It is specifically denied that Mr. Miller was negligent in any way.
e. Denied. It is specifically denied that Mr. Miller failed to operate his vehicle
appropriately for the conditions;
f. Denied. It is specifically denied that Mr. Miller failed to operate his vehicle
at an assured clear distance;
g. Denied. It is specifically denied that Mr. Miller failed to keep a reasonable
lookout for other vehicles;
h. Denied. It is specifically denied that Mr. Miller operated his motor vehicle
without due regard for the rights, safety and positions of others on the roadway; and
i. Denied. It is specifically denied that Mr. Miller violated various statutes
and laws of the Commonwealth of Pennsylvania and County of Cumberland.
Count II
NorGuard Insurance Group v. Jodi S. Stansfield
10. Answering Defendants incorporate by reference their responses to
Paragraphs 1-11 as though set forth herein at length.
11. Denied. Any negligence on the part of Ms. Stansfield is specifically
denied.
a. Denied. It is specifically denied that Ms. Stansfield negligently entrusted
her vehicle;
b. Denied. It is specifically denied that Ms. Stansfield negligently entrusted
her vehicle to a negligent driver;
C. Denied. It is specifically denied that Ms. Stansfield negligently entrusted
her vehicle to a driver who was drove dangerously, recklessly and/or negligently.
d. Denied. It is specifically denied that Ms. Stansfield negligently entrusted
her vehicle to a driver who did not use due care.
WHEREFORE, Answering Defendants respectfully request that this Honorable
Court enter judgment in favor of the Defendants and dismiss Plaintiffs claim with
prejudice.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Kelly L. Bo nno
I. D. No. 20 11
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
(717) 761-4540
VERIFICATION
I, DAVID S. MILLER, verify that the statements made in the foregoing Petition are true
and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to
unsworn falsification to authorities.
Date: 10 ,VL- 2obb
DAVID S. MILLER
VERIFICATION
I, JODI S. STANSFIELD-MILLER, verify that the statements made in the foregoing
Petition are true and correct to the best of my knowledge, information and belief. I understand
that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904,
relating to unsworn falsification to authorities.
Date: -
JODI S. STANSFIELD-MILLER
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served upon the
following counsel of record, by depositing the same in the United States Mail, postage
QA?
prepaid, in Lemoyne, Pennsylvania, on the day of August, 2008.
Leo M. Flynn, Esquire
Martins Mill Legal Center, LLC
6800 Martins Mill Road
Philadelphia, PA 19111
Attorney for Plaintiff
and
Paul F. D'Emilio, Esquire
905 W. Proul Road, Suite 105
Springfield, PA 19064
JOHNSON, DUFFIE, STEWART & WEIDNER
By: '? utz?
Kelly L. Boa o, Esquire
I.D. No.: 2001
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendants
336659
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Johnson, Duffle, Stewart & Weidner
By: Jefferson J. Shipman
I.D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Phone: (717) 761-4540
E-mail: jjs@jdsw.com
JULIO MELENDEZ FOR THE USE
AND BENEFIT OF NORGUARD
INSURANCE CO.,
Plaintiff
V.
DAVID S. MILLER and
JODI S. STANFIELD,
Defendants
TO THE PROTHONOTARY:
Attorney for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3430 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
PLEASE substitute my appearance as the attorney for Defendants, David S.
Miller and Jodi S. Stansfield, in the above-captioned matter.
Respectfully submitted,
JO 7orAorney UFFIE, STEWART & WEIDNER
By: ,
on J. Shipman, E quire
I. D. No. 51
785
5
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendants
Date: April 15, 2009,
3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on April 15, 2009:
Paul F. D'Emilio, Esquire
Paul M. Schofield, Jr., Esquire
905 W. Sproul Road, Suite 105
Springfield, PA 19064
Attomeys for Plaintiff
JOHNSON, DUFFIE, STEWART & WEIDNER
J.
Fi1..fr- J-O'r';?ur
'T TFII :7, "'IN if I I
2009 APP 16 hl; 3= L 2
JOHNSON, Du FIE, STEWART & WEIDNER
By: Jefferson J. Shipman
I.D. No. 5178
301 Market Street
P. O. Box 10
Lemoyne, P 17043-0109
Phone: (717 761-4540
E-mail: jjsOi sw.com
OMAR CR
Plaintiff
V.
DAVID S. ILLER and
JODI S. ST NFIELD,
Defendants
JULIO ME ENDEZ FOR THE USE
AND BENEFIT OF NORGUARD
INSURANCE CO.,
Plaintiff
V.
Attorney for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2913 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3430 Civil Term
CIVIL ACTION - LAW
DAVID S. ILLER and
JODI S. ST NFIELD, ;
Defendants JURY TRIAL DEMANDED
STIPULATION OF COUNSEL
The arties hereby stipulate and agree that the above cases are consolidated for
all
MARTINS MILL LEGAL CXWrER, LLC
By:
By:
Leo . Flynb!Esquire
Attor ney I.D. No. 87350
680 Martins Mill Road
Phila delphia, PA 19111
Tele hone (215) 305-6222
Attor eys for Plaintiff Cruz
JOHNSON, DUFFIE, STEWART & WEIDNER
14 -
40AA on J. Shipman, squire
y I.D . No
. . 51785
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendants
Z P ul . Schofield, Jr., Esquire
or ey I. D. No. 81894
905 W. Sproul Road, Suite 105
Sprin field, PA 19064
Tele hone (610) 338-03381
Attar eys for Plaintiff Melendez/Norguard
CERTIFICATE OF SERVICE
I he by certify that a copy of the foregoing Stipulation of Counsel has been duly
served upon the following counsel of record, by depositing the same in the United
States Mail postage prepaid, in Lemoyne, Pennsylvania, on May 26, 2009:
Leo . Flynn, Esquire
Mart ns Mill Legal Center, LLC
680 Martins Mill Road
Philadelphia, PA 19111
Coun eI for Plaintiff Cruz
Paul M. Schofield, Jr., Esquire
905W. Sproul Road, Suite 105
Springfield, PA 19064
Counsel for Plaintiff Melendez/Norguard
JOHNSON, DUFFIE, STEWART & WEIDNER ? A&?A.--7,.f.W - &.jd
4 Je erson J. Shi an, Esquire
Counsel for Defendants
Y "7 (2 7 P 4';
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MAY 2 d 2009
OMAR CRUZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-2913 Civil Term
DAVID S. MILLER and CIVIL ACTION - LAW
JODI S. STANFIELD,
Defendants JURY TRIAL DEMANDED
JULIO MELENDEZ FOR THE USE IN THE COURT OF COMMON PLEAS OF
AND BENEFIT OF NORGUARD CUMBERLAND COUNTY, PENNSYLVANIA
INSURANCE CO.,
Plaintiff NO. 08-3430 Civil Term
V. CIVIL ACTION - LAW
DAVID S. MILLER and
JODI S. STANFIELD,
Defendants JURY TRIAL DEMANDED
ORDER
of , 2009, pursuant to the
AND NOW, this day
agreement of counsel and the executed Stipulation of Counsel, it is HEREBY
ORDERED AND DECREED that-the above-captioned matters are CONSOLIDATED.
J.
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4 ,? • 3 stay.
n
OMAR CRUZ,
Plaintiff
V.
DAVID S. MILLER and
JODI S. 0TANFIELD
Defendants
JULIO MENDEZ FOR THE USE AND BENEFIT
OF NORGUARD INSURANCE CO.
Plaintiff
V.
DAVID S. MILLER and
JODI S. STANFIELD
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
/ NO. 08-2913 CIVIL (Consolidated with 08-3430)
CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3430 CIVIL (Consolidated with 08-2913)
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:
Jefferson J. Shipman, counsel for Defendants David S. Miller and Jodi S. Stanfield in the above action
respectfully represents that:
1. The above-captioned action is at issue.
2. The claims of the Plaintiffs in this action is under $50,000.
There is no counterclaim.
The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as
arbitrators:
Leo M. Flynn, Esquire (Plaintiff Cruz), Paul M. Schofield, Jr., Esquire (Plaintiff Julio Melendez for
Norguard Insuance, and Jefferson J. Shipman, Esquire (Defendants Miller and Stanfield)
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case
shall be submitted.
ctfully submitted,
SON, DUFFIE, STEWART & WEIDNE
Jeff son hipma E quire
Date: July ., 2009 Atto ey for Defendants Miller and Stanfield
FILED-
OF THE PR,
2009v ll- 30 Fi 2: v
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I."Ipaq
OMAR CRUZ,
PLAINTIFF
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID S. MILLER,
DEFENDANT
08-2913 CIVIL TERM
NORGUARD INSURANCE GROUP,
PLAINTIFF
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID S. MILLER,
DEFENDANT
08-3430 CIVIL TERM ?
ORDER OF COURT
AND NOW, this 1-2--day of November, 2009, the appointment of Francis
E. Marshall, Jr., Esquire, to the Board of Arbitrators in the above-captioned case, IS
VACATED. Christopher E. Rice, Esquire, is appointed in his place.
By t
oger B. Irwin, Esquire
Chairman
Christopher E. Rice, Esquire
Court Administrator
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Edgar B. Bayley, /.
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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 PLAINTIFF
THIS IS AN ARBITRATION MATTER
JULIO MELENDEZ FOR THE USE AND
BENEFIT OF NORGUARD INSURANCE CO.
16 SOUTH RIVER STREET
WILKES-BARRE, PA 18703
VS.
DAVID S. MILLER
107 RACE STREET
BOILING SPRINGS, PA 17007
AND
JODI S. STANFIELD
5 FORGE ROAD
BOILING SPRINGS, PA 17007
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 08-3430 CIVIL TERM
CIVIL ACTION
PRAECIPE TO SATISFY AWARD OF ARBITRATORS
TO THE PROTHONOTARY:
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Kindly mark the above captioned matter satisfied upon payment of your costs.
Date: 5 3 0
P,& M. Schofield, Jr., Esquire
Identification 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
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 PLAINTIFF
THIS IS AN ARBITRATION MATTER
JULIO MELENDEZ FOR THE USE AND COMMON PLEAS COURT OF
BENEFIT OF NORGUARD INSURANCE CO. CUMBERLAND COUNTY
16 SOUTH RIVER STREET .
WILKES-BARRE, PA 18703
VS.
NO. 08-3430 CIVIL TERM
DAVID S. MILLER
107 RACE STREET
BOILING SPRINGS
PA 17007
, 'r
AND = r7-?
-,
o :c:r
a
JODI S. STANFIELD --? ,-;
5 FORGE ROAD CIVIL ACTION
BOILING SPRINGS. PA 17007
PRAECIPE TO SATISFY AWARD OF ARBITRATORS
TO THE PROTHONOTARY:
Kindly mark the above captioned matter satisfied upon payment of your costs.
Date: 0-
__P,abrM. Schofield, Jr., Esquire
Identification 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