HomeMy WebLinkAbout09-0882b -
WILLIAM P. DOUGLAS, ESQUIRE
ATTORNEY ID # 37926
43 WEST SOUTH ST.
P.O. BOX 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
SCOTT A. DANNER, in the Uourt of u9mmon rieas of
Cumberland Coul lty Pennsylvania
Plaintiff
Vs.
No. 09 - 5;$a
HARRY J. PEIFFER,
Civil Action Law
Defendant
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 OR CANNOT AFFORD Z ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
717-249-3166
William P. Dou
Attorney for PI
Dated: February 13, 2009
J
COMPLAINT
AND NOW, comes the plaintiff, SCOTT A. DANNI R, by his attorney,
William P. Douglas, and makes the following complaint:
1. The plaintiff is Scott A. Danner, an adult individual residing at 223
North Market Street, Mechanicsburg, Cumberland County PA.
2. The defendant is Harry J. Peiffer, an adult individual residing at 75
Deer Lane, Carlisle Cumberland County, PA.
3. On or about March 21, 2008, the plaintiff was entering the
Wertzville Road at about the same time and place the defendant was traveling on
the same road in Hampden Township, Cumberland County, PA.
4. The defendant was driving his vehicle at a high rate of speed and
lost control of said vehicle, crossed the centerline and struck the vehicle of the
plaintiff.
5. The accident was the direct and proximate result of the negligence
of the defendant in the following respects:
a. Driving to fast for conditions;
b. Failure to maintain a proper lookout, and
C. Failure to drive within the assured dear distance ahead.
6. As a result of the collision, the plaintiff suffered damages to his
work trailer and equipment. The items damaged included a Tapco Pro 19 metal
brake with a value of $1,693.74; a trailer with a value of $',924.26; graphics on
said trailer in the amount of $1,208.40, in addition to other sundry losses.
WHEREFORE, it is prayed that judgment be entered in favor of the
plaintiff and against the defendant in an amount referring compulsory referral to
arbitration.
Attorney for Plaintiff
w
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct, to the best of my knowledge, information, and belief. I understand that
false statements herein made are subject to the provisions ofj 18 Pa. C.S.A. § 4904
relating to unsworn falsification to authorities.
a - - ?°?
Date
O
1?iV^\
1 i
CID
SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00882 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DANNER SCOTT A
VS
PEIFFER HARRY J
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PEIFFER HARRY J the
DEFENDANT
at 75 DEER LANE
at 0013:19 HOURS, on the 21st day of February-, 2009
CARLISLE, PA 17013 by handing to
HARRY J PEIFFER 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
Service
Affidavit
Surcharge
Postage
Sworn and Subscibed to
before me this
of
So Answers:
18.00
4.50
.00 10
r
10.00 R. Thomas Kline
.42
32.92 02/23/2009
DOUGLAS LAW OFFICE
By:
day Deputy Sheriff
, A.D.
i
THOMAS, THOMAS B HAFER, LLP
Stephanie L. Hersperger, Esquire
identification Number: 78735
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7239
Attorneys for Defendant
SCOTTA. DANNER,
Plaintiff
V.
HARRY J. PEIFFER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-882 CIVIL
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.
THOMAS, THOMAS & HAFER, LLP
DATE:3
By Z!q? -
Stephanie L. Hersperger, Esquire
I.D.#78735
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7239
Attorneys for Defendant
584146-1
CERTIFICATE OF SERVICE
I, Gwen M. Cleck, 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 , day of 1%(ig _) , 2009:
William P. Douglas, Esquire
43 West South Street
P.O. Box 261
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By:
Gwen M. Cleck, Secretary
584146-1
C`; ha
C?l
Fi! T r
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THOMAS, THOMAS & HAFER, LLP
Stephanie L. Hersperger, Esquire
Identification Number: 78735
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7239
Attorneys for Defendant
SCOTT A. DANNER,
V.
HARRY J. PEIFFER,
Plaintiff
Defendant
TO: Plaintiff and counsel:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-882 CIVIL
CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A
JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
THOMAS, THOMAS & PAFER, LLP
DATE: '::?l P 7 /0 y
By: -? ow
Step anie L. ?Hersperger, Esquire
I.D.#78735
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7239
Attorney for Defendant
584146-1
THOMAS, THOMAS & HAFER, LLP
Stephanie L. Hersperger, Esquire
Identification Number: 78735
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7239
Attorneys for Defendant
SCOTT A. DANNER,
V.
HARRY J. PEIFFER,
Plaintiff
Defendant
TO: Plaintiff and counsel:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-882 CIVIL
CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR
A JUDGMENT OF NONPROS MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
DATE: 3 4?167
By:
Stephanie L. Hersperger,' Esquire
I.D.#78735
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7239
Attorney for Defendant
THOMAS, THOMAS 6 HAFER, LLP
Stephanie L. Hersperger, Esquire
Identification Number: 78735
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7239
Attorneys for Defendant
SCOTT A. DANNER,
V.
HARRY J. PEIFFER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Defendant
NO. 09-882 CIVIL
CIVIL TERM
JURY TRIAL DEMANDED
ANSWER OF DEFENDANT. HARRY J. PEIFFER. TO PLAINTIFF'S jCOMPLAINT
WITH NEW MATTER AND COUNTERCLAIM
Defendant, Harry J. Peiffer, by and through his counsel, Thomas, Thomas & Hafer, LLP,
hereby files the following Answer with New Matter and Counterclaim:
1. Answering Defendant, after a reasonable investigation, is without knowledge or
information sufficient to form a belief as to the truth of the averments of Paragraph 1 of the
Complaint, and therefore, same are deemed denied pursuant to Pa.R.C.P. No. 4029(e) and strict
proof thereof is demanded at the time of trial.
2. Admitted.
3. Admitted. By way of further answer, Answering Defendant, who was traveling
West on Wertzville Road, had just crested a hill when he saw that Plaintiff, who was driving a
truck with a trailer attached, had attempted to pull out, across Defendant's lane of travel, to
proceed East on Wertzville Road. Unfortunately, the trailer attached to Plaintiff's truck was still
in and blocking the lane of travel for Defendant, who was unable to avoid hitting it.
4. Denied pursuant to Pa.R.C.P. No. 1029(e). Strict proof is demanded at the time of
trial. To the contrary, Answering Defendant was driving at a safe speed in his own lane of travel
when Plaintiff, who was attempting to pull his truck and trailer across the roadway so that he
could turn East onto Wertzville Road, blocked Answering Defendant's lane of traffic with the
trailer, thus causing Answering Defendant's vehicle to strike the trailer. Moreover, it is denied
that Answering Defendant's vehicle crossed the centerline at the time it hit Plaintiff's trailer.
Rather, it was Plaintiff's trailer which was in and blocking the westbound 'lane of traffic on
Wertzville Road at the time of the accident.
5. This paragraph and subparagraphs (a) through (c) are denied as legal conclusions
and pursuant to Pa.R.C.P. No. 1029(e). Strict proof is demanded at the time of trial. Specifically:
a. It is denied that Answering Defendant was driving to fast for conditions;
b. It is denied that Answering Defendant failed to maintain a proper lookout;
and
c. It is denied that Answering Defendant failed to drive within the assured
clear distance ahead.
6. Denied as legal conclusions and pursuant to Pa.R.C.P. No. 1029(e). Strict proof is
demanded at the time of trial. By way of further answer, Plaintiff, Scott Danner, was
2
comparatively or contributorily negligent and contributed to or caused the happening of this
accident and his alleged damages.
WHEREFORE, Defendant, Harry J. Peiffer, respectfully requests that Plaintiff's
Complaint be dismissed in its entirety and judgment entered in Defendant's favor.
NEW MATTER
7. Defendant, Harry J. Peiffer, incorporates herein by reference, as if fully set forth
at length, Paragraphs 1 through 6 of his Answer to Plaintiff's Complaint.
8. Plaintiff's claims may be barred or diminished in accordance with the
Comparative Negligence Act, for the reason that Plaintiff, Scott Tanner, negligently caused the
accident in the following manners:
a. he failed to keep a proper look out;
b. he was inattentive;
C. he failed to keep proper control over his truck and trailer;
d. he failed to stay within his own lane;
e. he failed to have someone keep a proper look out at the top of the hill
while he slowly crossed a lane of traffic with his truck and trailer at a location where
visibility was limited;
f. he failed to attach or place luminous or reflective tape strips or lights on
the side of the trailer;
g. he failed to have on the four-way flashers on the tractor and/or trailer;
3
h. he failed to provide vehicles traveling west with any warning that his
trailer was blocking the lane of travel;
i; he failed to abide by applicable traffic and safety laws; and/or
j. he failed to abide by the assured clear distance ahead rule.
9. Plaintiffs claims may be limited or barred by the provisions of the Pennsylvania
Motor Vehicle Financial Responsibility Law.
10. All or some of Plaintiff s claims may be barred by the Economic Loss doctrine.
11. Plaintiff may have failed to mitigate his damages, if any.
12. Defendant at all times hereto was acting reasonably under the circumstances, then
and there existing.
13. Defendant asserts as a defense that he was confronted with a sudden emergency.
14. It is specifically denied that any act or omission on the part of Defendant caused
or contributed to any of Plaintiff s alleged damages.
15. Some or all of Plaintiff s claims may be barred or reduced by previous payments
for which Defendant is entitled to a credit.
16. Defendant asserts that this action may be barred by the doctrines of res judicata
and/or collateral estoppel, which are asserted herein.
17. Plaintiff has failed to state a cause of action upon which relief can be granted.
18. Plaintiff s claims may be barred by the doctrine of release.
WHEREFORE, Defendant, Harry J. Peiffer, respectfully requests that Plaintiff's
Complaint be dismissed in its entirety and judgment entered in Defendant's favor.
4
COUNTER CLAIM AGAINST PLAINTIFF
19. Defendant, Harry J. Peiffer, incorporates herein by reference, as if fully set forth
at length, Paragraphs 1 through 18 of his Answer to Plaintiff's Complaint with New Matter.
20. The subject accident is a result of the following acts of negligence and
carelessness on the part of Plaintiff, Scott Danner:
a. he failed to keep a proper look out;
b. he was inattentive;
C. he failed to keep proper control over his truck and trailer;
d. he failed to stay within his own lane;
e. he failed to have someone keep a proper look out at the top of the hill
while he slowly crossed a lane of traffic with his truck and trailer at a location where
visibility was limited;
f. he failed to attach or place luminous or reflective tape strips or lights on
the side of the trailer;
g. he failed to have on the four-way flashers on the tractor and/or trailer;
h. he failed to provide vehicles traveling west with any warning that his
trailer was blocking the lane of travel;
i; he failed to abide by applicable traffic and safety laws; and/or
j. he failed to abide by the assured clear distance ahead rule.
21. As a result of Plaintiff's negligence, Defendant has suffered damages, including
property damage and other losses associated with same.
5
22. As a result of Plaintiff's negligence, Defendant has sustained property damages
and other losses associates with same in the amount of $8,038.03.
23. As a result of Plaintiffs negligence, Defendant has suffered personal injuries,
including a contusion or laceration to his head, which required sutures, headaches, a broken
thumb, and other aches and pains.
24. Said injuries caused Defendant pain and suffering.
25. Said injuries caused Defendant to be unable to attend to his past usual duties and
activities.
26. All of Defendant's damages set forth herein were caused by Plaintiffs negligence
and carelessness.
WHEREFORE, Defendant/Counterclaim Plaintiff, Harry J. Peiffer, demands judgment in
his favor and against Plaintiff/Counterclaim Defendant, Scott Danner, in an amount less than
$50,000.00, together with costs, delay damages and pre and post judgment interests.
Respectfully submitted,
DATE: 31.1)2101
THOMAS, THOMAS & RAFER, LLP
By:z Se
Stepha ie L. Hersperger,'' Esquire
I.D.#78735
P.O. Box 999
Harrisburg, PA 17108-0099
(717) 255-7239
Attorney for Defendant
6
VERIFICATION
I, Stephanie L. Hersperger, Esquire, of the law firm of THOMAS, THOMAS & HAFER,
LLP, hereby verify that we are the attorneys of record for Defendant, Harry J. Peiffer; that as
such I am authorized to make this Verification; and that the information set forth in the foregoing
Answer to Plaintiff's Complaint with New Matter and Counterclaim, is true and correct to the
best of my knowledge, information and belief.
I understand that any false statements contained herein are subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
Date: 3 1.2.) l0
/ Steph e L. Hersperger, squire
CERTIFICATE OF SERVICE
I, Gwen M. Cleck, 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 IS7day of kA CIL? 1_ , 2009:
William P. Douglas, Esquire
43 West South Street
P.O. Box 261
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By:
Gwen M. Cleck, Secretary
7
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Commonwealth of Pennsylvania
County of Cumberland
Scott A. Danner In the Court of Common Pleas of
Cumberland County, Pennsylvania
Plaintiff
vs No. 882 Civil Term 2009
Harry J. Peiffer
Civil action law
Defendant Jury Trial Demanded
Plaintiff's Reply to New Matter
The allegations of the original complaint are incorporated herein and reference is
made thereto.
7. Denied. Denied as a legal conclusion to which no response is
necessary.
8. Denied. Denied as a legal conclusion to which no response is
necessary.
9. Denied. Denied as a legal conclusion to which no response is
necessary.
10. Denied. Denied as a legal conclusion to which no response is
necessary.
11. Denied. Denied as a legal conclusion to which no response is
necessary.
12. Denied. Denied as a legal conclusion to which no response is
necessary.
13. Denied. Denied as a legal conclusion to which no response is
necessary.
14. Denied. Denied as a legal conclusion to which no response is
necessary.
JO
IV
15. Denied. Denied as a legal conclusion to which no response is
necessary.
16. Denied. Denied as a legal conclusion to which no response is
necessary.
17. Denied. Denied as a legal conclusion to which no response is
necessary.
18. Denied. Denied as a legal conclusion to which no response is
necessary.
Wherefore it is prayed that the new matter of Harry J. Peiffer be dismissed and judgment
be entered in favor of the plaintiff and against the defendant.
Danner's Answer to Counterclaim of Peiffer
19. The allegations of the original complaint and the aforesaid are
incorporated herein and reference is made thereto.
20. Denied. Denied as a legal conclusion to which no response is
necessary. In the event an answer is deemed necessary the plaintiff acted
in a reasonable and prudent manner and maintained a proper lookout
while attempting to enter the roadway. The plaintiff at no time engaged in
any action in violation of the Pennsylvania Motor Vehicle Code.
21. Denied. After reasonable investigation the plaintiff is unable to
determine the truth of the allegation and strict proof thereof is demanded.
22. Denied. After reasonable investigation the plaintiff is unable to
determine the truth of the allegation and strict proof thereof is demanded.
In addition, Peiffer's claims may be limited or precluded by his tort
election.
23. Denied. After reasonable investigation the plaintiff is unable to
determine the truth of the allegation and strict proof thereof is demanded.
In addition, Peiffer's claims may be limited or precluded by his tort
election.
24. Denied. After reasonable investigation the plaintiff is unable to
determine the truth of the allegation and strict proof thereof is demanded.
In addition, Peiffer's claims may be limited or precluded by his tort
election.
25. Denied. After reasonable investigation the plaintiff is unable to
determine the truth of the allegation and strict proof thereof is demanded.
P,
26. Denied. Any and all harm that may have been suffered by Harry J.
Peiffer was due to his own negligence in operating his vehicle at an
excessive rate of speed, losing control of his vehicle and entering Danner's
lane of travel and causing a collision.
Wherefore it is prayed that the counterclaim of Harry J. Peiffer be dismissed and
judgment be entered in favor of Scott A. Danner.
May 18, 2009
Res ctfully submitted,
William P. Douglas,
Attorney for Plain
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge
and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
William P. Douglas
Attorney for Plaintiff
Date: May 18, 2009
2009 f 19
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SCOTT A. DANNER,
PLAINTIFF
V.
HARRY J. PEIFFER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
09-0882 CIVIL TERM
ORDER OF COURT
AND NOW, this
-2 ~ ~ day of January, 2010, upon consideration of
defendant's motion to compel interrogatories and request for production of documents,
and it appearing that the number of interrogatories propounded by defendant exceed
the number permitted under Local Rule 4005-1, the motion to compel IS DENIED with
respect to the interrogatories. This denial is without prejudice and the defendant may
propound revised interrogatories hereafter. The motion to compel regarding the request
for production of documents IS GRANTED and plaintiff is directed to respond to said
request within thirty (30) days of the date of this order.
By the Court,
" William Dou las Es uir
g q e
For Plaintiff
Stephanie L. Hersperger, Esquire
For Defendant
sal
~/~Z ~~v
~~
Albert H. Masland, J. ~
FILED-OFFICE
F HE PROTHONOTARY
2011 JAN 21 AM 10: 51
U PENN YLOVAN A TY
THOMAS, THOMAS & HAFER, LLP
Stephanie L. Hersperger, Esquire
Identification Number: 78735
Jason C. Giurintano, Esquire
Identification Number: 89177
P.O. Box 999
Harrisburg, PA 17108-0999
717/255-7239
Attorneys for Defendant
SCOTT A. DANNER,
V.
HARRY J. PEIFFER,
Plaintiff
Defendant
NO. 09-882 CIVIL
CIVIL TERM
JURY TRIAL DEMANDED
DEFENDANT'S MOTION FOR STATUS CONFERENCE
AND NOW comes the Defendant, Harry J. Peiffer ("Defendant"), by and through his
attorneys, Thomas, Thomas and Hafer, LLP, and respectfully file this Administrative
Application for Status Conference, and avers as follows:
1. Plaintiff initiated this civil action against Defendant in connection with a motor
vehicle accident that occurred on March 21, 2008.
2. Written discovery has been exchanged.
3. Defendant would request a status conference in this matter for the purposes of
scheduling deadlines for the completion discovery, exchange of expert reports, and the
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
scheduling of a date certain for trial.
4. Pursuant to Pa.R.C.P. 212.3(2), the Court may, on motion of any party, direct the
attorneys for the parties to appear for a conference to consider, among other things, "the entry of
a scheduling order." See Pa.R.C.P. 212.3(a)(2)
5. The Honorable Judge Masland has had prior involvement in this matter.
6. Counsel for Defendant has contacted Plaintiff's counsel by phone regarding
concurrence in his Motion on January 17, 2011. Counsel for Plaintiff was unavailable.
WHEREFORE, it is respectfully requested that this Honorable Court schedule a status
conference for the purpose of establishment of case management deadlines.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By:
Jason C. Giurintano
Atty ID# 89177
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7239
Attorney for Defendant
DATE:
2
CERTIFICATE OF SERVICE
I, Sue-Ellen Danielsen , 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
z
prepaid, on the day of , 2011:
William P. Douglas, Esquire
43 West South Street
P.O. Box 261
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By•
Sue- lien Danielsen, Legal Secretary
3
1
Jason C. Giurintano, Esquire
Identification Number: 89177
P.O. Box 999
Harrisburg, PA 17108-0999
717-237-7157
Attorney for Defendant
SCOTT A. DANNER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
t
Plaintiff
;; om,
cm
NO. 09-882 CIVIL co
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CIVIL TERM
HARRY J. PEIFFER, -
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:
JURY TRIAL DEMANDED CD
-?-
Defendant - -
PETITION FOR APPOINTMENT OF ARBITRATORS ?.
TO THE HONORABLE, THE JUDGES OF SAID COURT
I, Jason C. Giurintano, counsel for the Defendant in the above action, respectfully
represent that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $10,826.40. There is a counterclaim for
$8,038.03 asserted by Defendant.
The following attorneys are interested in the case as counsel or are otherwise disqualified
to sit as arbitrators:
A. William P. Douglas, Esq., counsel for Plaintiff
Jason C. Giurintano, Esq., counsel for Defendant
B. All attorneys of the law firm of Thomas, Thomas and Hafer, LLP
All attorneys of the law firm of Plaintiff Counsel
aM-? 1304, oo I4 a
C?_g ( l 3 to5'3
,Rt 26!59C191
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case! shall be submitted.
Respectfully submitted,
Thomas, Thomaas & Hafer, LLP
By. ?,
J Giurintano
A ID# 89177
P.O. Box 999
Harrisburg, PA 17108-0999
r (717) 237-7157
DATE: Attorney for Defendant
CERTIFICATE OF SERVICE
I, Jason C. Giurintano, Attorney for the law firm of Thomas, Thomas & Hafer, LLP,
hereby state that a true and correct copy of the foregoing document(s) was served upon all
counsel of record by United States first-class mail, postage prepaid, addressed as follows, on the
date set forth below:
William P. Douglas, Esquire
43 West South Street
P.O. Box 261
Carlisle, PA 17013
Respectfully submitted,
Thomas, Th#nas & Hafer, LLP
By:
DATE: ?u -? 1
)?tty/ID# 89177
M Box 999
Harrisburg, PA 17108-0999
(717) 255-7157
Attorney for Defendant
In the Court of Common Pleas of Cumberland
Plaintiff
a? c r County, Pennsylvania No. 4 - $g?Z
Defendant
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 Commonweal and tha e will discharge the duties of our office with fidelity.
(I ?, 4/4?zt?vl -
Si nature S' ature i ature
JOHA/ H. X roc cm ?Sine ?ES J-l P"s) ?o..?
Name (Chairman) N e Name
JoHX) 14-fie1C k4 W, P C. L vGkev hrvi4e7, f? C
Law Firm Law Firm
VtGjrf )0'y c;? L /f?yYlf- VYf
Address Address
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Law Firm LP LJ
12-q 5. P .rr ST ,
Address
M?CH???ts u?? PA 17UsS" t ZM0yhf- P9 /7,013 4 ec_,sLe- RA 17o)3
City, Zip City, Zip City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.)
Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: go uSt 2 dAt?- a-L M. fivx
Date of Award: (Chairman)
Notice of Entry of Award
Now, the Oy`L day ofd, , 20 at M., the above
award was entered upon the docket an notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ -4116
Jlj?buy By:
Prothonotary Deputy
20
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PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL MW c -*
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case for a TRIAL WITHOUT A JURY L;
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SCOTT A. DANNER, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
HARRY J. PEIFFER,
Defendant
Civil Action-Law
X-Appeal from arbitration
NO. 09-882 CIVIL
CIVIL TERM
JURY TRIAL DEMANDED
Indicate the attorney who will try case for the party who files this praecipe:
Jason C. Giurintano, Esquire
Indicate trial counsel for other parties if known:
William Douglas, Esquire
This case is ready for trial.
Date: I "a _ 17 ~/ :?,
Signed:
Print Name:
Attorney For:
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CERTIFICATE OF SERVICE
I, Krista Fanus, an employee with the law firm of Thomas, Thomas &
Hafer, LLP 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:
William P. Douglas, Esquire
43 West South Street
P.O. Box 261
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By. l u
Date: / K ista Fanus, Legal Secretary to
Jason C. Giurintano, Esquire
5
Jason C.Giurintano,Esquire
Identification Number:89177
P.O.Box 999
Harrisburg,PA 17108-0999
717-237-7157 Attorney for Defendant
SCOTT A. DANNER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
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V. NO. 09-882 CIVIL rn� rn—
Xrn HARRY J. PEIFFER,
CIVIL TERM
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Defendant JURY TRIAL DEMANDED )�-n s °-'
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PRAECIPE TO MARK JUDGMENT SATISFIED -
TO THE PROTHONOTARY:
Please mark the judgment in the above-captioned action satisfied.
Respectfully sub itted,
Thomas, Thom & fer, L ---,
By:
Ja on . Giurintano
Atty ID# 89177
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7157
DATE: April 10, 2013 Attorney for Defendant
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CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing by
first class mail, postage prepaid, addressed to the following:
William P. Douglas, Esquire
43 West South Street
P.O. Box 261
Carlisle, PA 17013
*J)d-;tA- 79AU22�'�
sta Fanus, Legal Secretary to
Jason C. Giurintano, Esquire
DATE: April 10, 2013
2