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Home My WebLink About08-6927F:\FILES\CGents\Donega13050\Current\540\3050.540.com i .wpd/1MT Created: 12/29/03 8:24AM Revised: 11/20/08 3:10PM Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff BARBARA G. KENNEDY, Plaintiff, V. CHERISH NEIL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. - G4.2? L'I[ra? 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff BARBARA G. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OF'- 6 7 6 j ?? <n1 CIVIL ACTION-LAW CHERISH NEIL, : Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Barbara Kennedy is an adult individual residing at 133 Green Park Road, Green Park, Perry County, Pennsylvania 17024. 2. Defendant Cherish Neil is an adult individual residing at 112 Cave Hill Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about January 23, 2008, Plaintiff owned a 2004 Mazda 3. 4. On that same date, Defendant owned two dogs, one of which is believed to be a Chocolate Labrador. 5. On that same date, Plaintiff was operating her vehicle southbound on route 74, within Cumberland County, Pennsylvania. 6. On that same date, as with prior occasions, Defendant's two dogs had escaped from Defendant's custody. 7. On that same date, Defendant's dogs raced into the street, causing Plaintiff to strike one of the dogs with her vehicle. 8. The collision caused damage to Plaintiff's Mazda 3 in the amount of $3,686.41. A true and correct copy of the repair and rental invoices are attached hereto as Exhibit "A." 9. The damages to Plaintiff s vehicle were caused by the negligence and carelessness of Defendant, which consisted, among other things, of the following: a. failure to maintain control of dogs; b. failure to keep dogs adequately secured on property; failure to exercise ordinary care and diligence in promptly locating escaped dogs; and d. failure to prevent dogs from darting into traffic. 10. Defendant violated the Pennsylvania Leash Law by allowing the dogs to run loose. 11. Defendant's negligence, carelessness, and recklessness was the direct and proximate cause of the damage to Plaintiffs' vehicle. 12. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. WHEREFORE, Plaintiff demands judgment against Defendant Cherish Neil in an amount of $3,686.41, plus costs, interest, and any other relief that the court deems appropriate. MARTSON LAW OFFICES By cob M. The uire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: November 21, 2008 01/28/2008 at 02:21 PM 95926 File ID: IA-0523-26 STARSINIC APPRAISALS Starsinic Appraisal Serv., Inc. Auto - Heavy Equipment - R.V.- Motorcycles P.O. Box 7462 - 638 So. 2nd Stree starsinicappr@comcast.net Steelton, PA 17113-0462 (717)939-9891 Fax: (717)939-1992 Written By: Gerald Walton #151292 01/28/2008 06:47 AM For: DONEGAL - Adjuster: ESTIIKATE OF RECORD Insured: BARBARA KENNEDY Owner: BARBARA KENNEDY Address: 133 GREEN PARK RD. GREEN PARK, PA 17024 Day: (717)789-3470 Evening: (717)329-7037 Claim #PAE-PA-01-08-0024342-I01 Policy #PAE 0508000 Date of Loss: 01/23/2008 Type of Loss: Other Point of Inpact: 12. Front Inspect JAY SMITH Location: ELLIOTTSBURG, PA 17024 Repair SMITH'S B/S, JW Facility: 582-4702 F-582-2022 PO BOX 3 ELLIOTTSBURG, PA 17024 2004 MAZD 3 4-2.OL-FI 4D SED GREEN Int: OTHER 3 Days to Repair License # VIN: JM1BK12F241152808 Lie: DBM-1294 PA Prod Date: Odcmeter: 44274 Air Conditioning Rear Defogger Tilt Wheel Cruise Control Telescopic Wheel Intermittent Wipers Steering Wheel Controls Tinted Glass Body Side Moldings Dual Mirrors Console/Storage Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Mirrors AM Radio FM Radio Stereo Search/Seek CD Player Driver Air Bag Passenger Air Bag 4 Wheel Disc Brakes Cloth Seats Bucket Seats Recline/Lounge Seats Automatic Transmi ssion Overdrive Aluminum/Alloy Wheels ----------- - - --- NO. OP. ---------------- ---------------------------- DESCRIPTION ----------------- - -- - -------- QTY --------------------------- EXT. PRICE LABOR PAINT 1 - --- - -- FRONT BUMPER -------- --------------------- ------ 2 0/H bumper assy 0 0.00 3.1 0.0 3 Repl Bumper cover w/o fog lamps 1 346.60 Incl. 2.6 4 Add for Clear Coat 0 0.00 0.0 1.0 5 Repl Lower grille w/o fog lamps 1 46.70 Incl. 0.0 6 Repl Absorber 1 91.95 Incl. 0.0 7 Repl RT Plate 1 7.45 Incl. 0.0 8 Repl RT Retainer 1 14.10 Incl. 0.0 1 EXHIBIT A 01/28/2008 at 02:21 PM File ID: IA-0523-26 95926 ESTMATE OF RECORD 2004 MAZD 3 4-2.OL-FI 4D SED GREEN Int: --------- NO. -------- OP. -- ------------------------------- DESCRIPTION -- ---------- - --------------- --- QTY --- ------------ EXT. PRICE ----- - --- ------ LABOR -- - ---------- PAINT --- --------- 9 ------ Repl - - - License bracket w/o fog lamps 1 -- - 44.55 -- - 0.2 -- ----- 0.0 10 GRILLE 11* Repl Grille assy black 1 71.90 Incl. 0.0 12 RADIATOR SUPPORT 13 Repl Front shield 1 25.85 0.2 0.0 14 Repl Lower shield 1 157.45 0.3 0.0 15# Repl Flex additive 1 6.00 T 0.0 0.0 16# Repl Hazardous Waste Removal 1 3.00 T 0.0 0.0 17 Repl Radiator support 1 208.00 1.0 0.0 18 Evacuate & recharge 0 0.00 m 1.4 M 0.0 19 Refrigerant recovery 0 0.00 m 0.4 M 0.0 20 Aim headlamps 0 0.00 0.5 0.0 21 COOLING 22** Repl Qual Repl Parts Radiator auto 1 227.00 m 2.6 0.0 trans 23 Repl Fan assy 1 462.80 m Incl. 0.0 24 AIR CONDITIONER & HEATER 25** Repl Qual Repl Parts Condenser assy 1 202.00 m 0.6 0.0 26# Refn Tint color 0 0.00 0.0 0.5 27# Repl Coolant 1 18.00 T 0.0 0.0 28# Repl Freon R134A 1 21.50 T 0.0 0.0 29# Subl Two Wheel alignment 1 59.95 T 0.0 0.0 30# Rpr RADIATOR BRACKET 0 0.00 2.0 0.5 31# Rpr PLUG,ALTERNATOR 0 0.00 1.0 0.0 32# Subl TOWING --- --- -- 1 --- 185.00 -------- X --- 0.0 ------ 0.0 ----------- --------- -------- - --------------------- - Subtotals =_> 2199.80 13.3 4.6 -- ---------------------------------------------------------------------------- Estimate Notes: Gerald Walton PA Appr Lic 151292. This serves as an electronic version of my actual signature and verifies all work has been completed by Gerald Walton. Date Assigned: 01/23/08 Date Contacted: 01/24/08 Date Inspected: 01/25/08 Date mailed to owner/shop:01/28/08 2 01/28/2008 at 02:21 PM File ID: IA-0523-26 95926 ESTIMATE OF RECORD 2004 MAZD 3 4-2.OL-FI 4D SED GREEN Int: Parts 1906.35 Body Labor 11.5 hrs @ $ 42.00/ht 483.00 Paint Labor 4.6 hrs @ $ 42.00/hr 193.20 Mechanical Labor 1.8 hrs @ $ 45.00/hr 81.00 Paint Supplies 4.6 hrs @ $ 21.00/hr 96.60 Sublet/Misc. ------------------- ------- ----- -- -- ---------- 293.45 ----- SUBTOTAL $ -- 3053.60 Sales Tax $ 2868.60 @ 6.0000% 172.12 TOTAL COST OF REPAIRS $ 3225.72 ADJUSTMENTS: Deductible 100.00 ---------------------------------------------------- TOTAL ADJUSTMENTS $ 100.00 NET COST OF REPAIRS $ 3125.72 SUPPLEMENTAL CHARGES DISCLAIMER: Any supplemental repair charges may be rejected unless otherwise approved by the appraiser or the insurance company prior to the completion of such repairs All appraisals are subject to review by the assigning insurance company and or their affiliates. 3 01/28/2008 at 02:21 PM File ID: IA-0523-26 95926 ESTIMATE OF RECORD 2004 MAZD 3 4-2.OL-FI 4D SED GREEN Int: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT 0/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED]. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP=NATIONWIDE CRASH PARTS PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. AFTERMARKET CRASH PART - A NONORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NONMECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. THIS APPRAISAL WILL INDICATE IF AFTERMARKET CRASH PARTS ARE SPECIFIED. IF THE USE OF SUCH PARTS VOIDS THE WARRANTY ON THE PART BEING REPLACED OR ON ANY OTHER PART, THE AFTER MARKET CRASH PART WILL BE WARRANTED BY THE MANUFACTURER OR INSURANCE COMPANY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. 4 01/28/2008 at 02:21 PM File ID: IA-0523-26 95926 EST324ATE OF RECORD 2004 MAZD 3 4-2.OL-FI 4D SED GREEN Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARH5417, CCC Data Date 01/01/2008, and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor operations. Non-Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2006 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. CCC Pathways - A product of CCC Information Services Inc. 5 C1/28/2008 at 02:21 PM 95926 ESTIMATE OF RECORD 2004 MAZD 3 4-2.OL-FI 4D SED GREEN Int: ALTERNATE PARTS SUPPLIERS 22 Qual Repl Parts Radiator au Part No. RAD2696 25 Qual Repl Parts Condenser a Part No. CNDDPI3094 Keystone - W/O SM - A (800)438-2510 320 DOBSON ST. (814)467-5531 WINDBER, P A 15963 Keystone - W/O SM - A (800)524-4349 575 MARYLA ND AVENUE (717)843-8927 YORK, PA 17404 Keystone - W/O SM - A (800)390-4600 822 CENTRA L AVE. (410)636-4600 LINTHICUM, MD 21090 Keystone - W/O SM - A (800)441-4200 3658 ROUTE 378 (610)866-0313 BETHLEHEM, PA 18015 Keystone - W/O SM - A (800)446-7066 433 LAWREN CE STREET (717)457-6464 OLD FORGE, PA 18518 Keystone - W/O SM - A (877)708-4700 MARKET AT JEFFERSON ST. (856)829-4700 PALMYRA, N J 08065 File ID: IA-0523-26 Price $227.00 Price $202.00 6 01/28/2008 at 02:21 PM File ID: IA-0523-26 95926 ESTMTE OF RECORD 2004 MAZD 3 4-2.OL-FI 4D SED GREEN Int: ALTERNATE PARTS USAGE AFTERMARKET PARTS Aftermarket Selection Method: Automatically List No. of times user was notified that an Aftermarket part was available: 8 No. of Aftermarket parts that appear in the final estimate: 2 OPTIONAL OEM PARTS Optional OEM Selection Method: Manually List No. of times user was notified that an Optional OEM part was available: 0 No. of Optional OEM parts that appear in the final estimate: 0 RECONDITIONED PARTS Reconditioned Selection Method: Manually List No. of times user was notified that a Reconditioned part was available: 0 No. of Reconditioned parts that appear in the final estimate: 0 RECYCLED PARTS No. of times user was notified that a Recycled part was available: 0 No. of Recycled parts that appear in the final estimate: 0 7 ARMS® - Automated Rental Management System (Patent Pending) Page 1 of 1 Rental Company:ENTERPRISE RENT-A-CAR Donegal Insurance Invoice: D719000-5710 o o Al" Bill To: DONEGAL INSURANCE ATTN: STEPHEN REICH P. O. BOX 302, ROUTE 441 MARIETTA, PA 17547 RENTER INFORMATION: Renter: KENNEDY, BARB RENTAL INFORMATION: Rental Branch Location: ENTERPRISE RENT-A-CAR (5710) 800 NORTH HANOVER ST CARLISLE, PA 170131538 (717) 258-4495 Billing Detail: Rental Period: 1/23/08 to 2/8/08 (17 days) Billed Period: 1/23/08 to 218/08 (17 days) Description Rate: Amount: 17 DAYS @ $23.24 $395.08 17 PTA TAX $2.00 $34.00 1 VRT %2.00 $7.90 1 SALES TAX %6.00 $23.71 TOTAL CHARGES: $460.69 Less Amount Received: $205.69 AMOUNT DUE.......... $255.00 ADDITIONAL CLAIM INFORMATION: Claim Number: PAEPA01080024342 Claim Type: Insured Vehicle Condition: Unknown Date Of Loss: 1/23/08 Insured Name: BARB KENNEDY Owners Vehicle: 2004 MAZDA MAZDA Additional Driver. Repair Facility: J.W. SMITH AUTO BODY ELLIOTSBURG, PA 17024 (717) 582-4702 VEHICLES RENTED: Effective Date and Time Year Make Model VIN Mileage 1/23/08 3:14 PM 2007 FORD FOCU 1FAFP34N97W309864 383 1/23/08 3:14 PM 2007 FORD FOCU 1FAFP34N97W309864 383 1/23/08 3:14 PM 2007 FORD FOCU 1FAFP34N97W309864 383 1/23/08 3:14 PM 2007 FORD FOCU 1FAFP34N97W309864 383 Rental Invoice Please Return This Portion with Remittance Make Payment To: ENTERPRISE RENT-A-CAR (5799) 2625 MARKET PLACE HARRISBURG,, PA 17110 Federal I D:52-1690665 Total Charges: $460.69 Less Amount Received: $205.69 Total Amount Due .................... $255.00 Please include on your check: Invoice: D719000-5710 https://www.enterprise.com/armsweb/payinvoice 2/14/2008 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Barbara G. Kennedy F: \FILES\CGents\Donega13050\Cutrent\540\3050.540. com l .wpd 1? h O s 0 ?J C? N N -r? ?j -14 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KENNEDY BARBARA G VS NEIL CHERISH TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NEIL CHERISH the DEFENDANT , at 0021:30 HOURS, on the 1st day of December-, 2008 at 112 CAVE HILL DRIVE CARLISLE, PA 17013 MEGAN DEYO by handing to SISTER OF DEFENDANT 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 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 Postage 42 /2%o???? 32.92 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 12/02/2008 MARTSON LAW OFFICES By. X . day eputy Sheriff of A. D. t -- _ .. __ - _ i _ _ _..._._.._.... _. r L _ J i -R ?a;f-i ut? VeA .,.Mw...._ ...e ., w... e..:. _... n, ,.. .. r. xr r.. -u:. ,.? ...., ....x - ,...,. .,.,? a. v., a +.. s A ..,..woa?:.w.:w. to :a.uxw:e.: ?.. ,::.c-rv.. m? .aa mF .. .. .., a ? a ??? _- ,.. ,.,..... .,,_ . ,., .._ ._ ?., _ 1Y e .-. ?... __ ..,?,?.?, „,z..__..,,„_ e - " _ ? ??a ?-+ ...... p{. t f c ? :.,.. !?-. -?. _.... 3 0'??. .:. .. _... ,,.,? ?. _,... _ _. _ _ _ . .. y } _........ ... _...,.. _.. .. a e , f f ,_m,.._?.,..,.... ? .. .. BARBARA G. KENNEDY, Plaintiff V. CHERISH C. NEIL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6927 2008 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: Jacob M. Theis, Esquire, counsel for the plaintiff/31fEUi1iiR in the above action (MOW, respectfully represents that 1. The above-captioned action (AgwM) is ( at issue. 2. The claim of plaintiff in the action is $ 3 , 686 41 The counterclaim of the defendant in the action is None The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Martson Law Offices, 10 East High Street, Carlisle, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Jacob M. Theis, Esquire ORDER OF COURT 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 70 t mr_ MR . ?° cv r) CD aim BARBARA G. KENNEDY, Plaintiff V. CHERISH C. NEIL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6927 2008 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: Jacob M. Theis, Esquire, , counsel for the plaintiff/SOtMM in the above action (bG@I), respectfully represents that: 1. The above-captioned action (1KX?M) is at issue. 2. The claim of plaintiff in the action is S.3,686.41 The counterclaim of the defendant in the action is None The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Martson Law Offices, 10 East High Street, Carlisle, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Jacob M. Theis, Esquire ORDER OF COURT AND OW, lF / , 200 1 , in consideration of the fore oing petition, E ? sq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the o , ?N CC, kV L? les EDGAR A. BAY LEY Cherish a?i I?gIG? ?I Q I$, 4f7 WC, W F LL- J U- C ?s BARBARA G. KENNEDY, PLAINTIFF V. CHERISH C. NEIL, DEFENDANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-6927 CIVIL TERM ORDER OF COURT AND NOW, this SIL-I.-I . day of March, 2009, the appointment of Robert G. Frey, Esquire, as the chairman on the Board of Arbitrators in the above-captioned case, IS VACATED. Diane G. Radcliff, Esquire, is appointed in his olacg By the / Edgar`8. Bayley, J. Diane G. Radcliff, Esquire Court Administrator - ?o 16 ?1%3.?C?. Ir :sal Qarj ^-W_4_LLX1 '?/e'j6q N Z ?C t ? q r, r Plaintiff CLe v Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. OY -(0 9 a_---7 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwe to and that we will discharge the duties of our office with fdeli trne Signature Signature l1? ?1? ?GrYJ/J•J??L'_ 1)O?1?e1 1...Sw1?..?evl ame (Chairman) Name Name ,.Z?tl(.?CQo '/ J I Of1e.??'I?iAI? s SIIC?u?'7'?K-+ 5 a ? ? , 5 ` ?C 1 o w? c ? l+ ? y? Sc? Law Firm Law Firm / Law Firm Address ` o ! 1?. Ca"'O.A 1 17nI I City, Zip i f l tl Si- Address Wr`-?? GM px? , Zip ate, ????? zt . Address City, Zip f 8 Q d? award ` / .2 Y2 Y We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damakes for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable. Date of Hearing:4 Date of Award: Notice of Entry yv.'ward IN MI-11,111 Now, the -Aukday of 20 at (.'6 4 , P.M., the above award was entered upon the docket and notice th reof given by n' to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ Prothonotary By: Deputy FILED- =rtr; y OF THE 2009 APP 22 P l$. 09 y/23/v9- lrnl.iss rn??L?.? l?o R? ?. ?r ?Tm e . IuerC - l?eT(-? I-- ?i