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HomeMy WebLinkAbout09-1173 SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRE I.D. # 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkrmaer(a_)schmidtkramer. com MICHAEL J. ORRIS and BONNIE L. ORRIS, his wife Plaintiff V. MICHAEL G. HART Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. C- Y-V 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. 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MICHAEL J. ORRIS and BONNIE L. ORRIS, his wife Plaintiff V. MICHAEL G. HART Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. 699" 117 3 cl./.( CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiffs, Michael J. Orris and Bonnie L. Orris, his wife, by and through their attorney Schmidt Kramer PC and respectfully avers as follows: 1. Plaintiff's, Michael J. Orris and Bonnie L. Orris, are adult individuals, husband and wife, currently residing at 48 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 2. Defendant, Michael G. Hart, is an adult individual currently residing at 2109 E. Coventry Lane, Enola, Cumberland County, Pennsylvania. 3. The facts and occurrences here and after stated occurred on August 16, 2007 at the intersection of Magaro Road and Lee Ann Court in Cumberland County, Pennsylvania. 4. At the time of the accident Plaintiff, Michael J. Orris, was operating a motorcycle traveling North on Magaro Road in Cumberland County, Pennsylvania. 5. At the above time and place, Defendant, Michael G. Hart, was traveling South on Magaro Road towards Plaintiff, Michael J. Orris. 6. At the above time and place, the Defendant, Michael G. Hart, attempted to take a left hand turn onto Lee Ann Court striking Plaintiff, Michael J. Orris, resulting in his serious injury. COUNT I MICHAEL J. ORRIS v. MICHAEL G. HART NEGLIGENCE 7. Paragraphs 1 through 6 are hereby incorporated herein by reference and made a part thereof as if set forth in full. 8. This accident was caused by the negligence and carelessness of the Defendant, Michael G. Hart, and in no way caused by or contributed to by the Plaintiff, Michael J. Orris. 9. The negligence and carelessness of the Defendant, Michael G. Hart, consisted of the following: a. Failing to yield the right of way; b. Failure to keep a proper and adequate look out for other vehicles on the roadway; c. Attempting to take a left hand turn before yielding to oncoming traffic; d. Careless driving; e. Entering an intersection when it is not safe to do so; and 10. As a factual result of the accident Plaintiff, Michael J. Orris, suffered the following injuries: a. Fracture of the left tibia; b. Medial meniscus tear with complex lateral meniscus tear of the left knee; c. Torn ACL of the left knee; d. Torn MCL of the left knee; and e. Right knee injury. 11 12. 13. 14. 15. 16. 17 As a factual result of the accident Plaintiff, Michael J. Orris, has incurred medical expenses to date which are as follows: Provider: Holy Spirit Arlington Orthopedic Pinnacle Health Physical Therapy Community General Osteopathic Amount: $1,632.80 $3,133.00 $2,545.00 $4,325.15 Total $11,635.95 As a factual result of the accident Plaintiff, Michael J. Orris, was unable to return to work from the date of the accident to November 20, 2007. Plaintiff, Michael J. Orris, missed 67 days of work. Mr. Orris lost a total of $12,704.40 in lost wages to date. As a factual result of the accident Plaintiff, Michael J. Orris, was advised that the injuries may be permanent in their nature and effect, and thus, a claim for these losses is made. As a factual result of the accident Plaintiff, Michael J. Orris, has been advised and avers that there may be additional medical expenses, and thus, a claim for these losses is made. As a factual result of the accident Plaintiff, Michael J. Orris, has undergone in the past and will continue to undergo in the future great pain and suffering, and thus, a claim for these losses is made. As a factual result of the accident Plaintiff, Michael J. Orris, has been obliged to expend various expenses for injuries and may continue to incur the same in the future, and thus, a claim for these losses is made. 18. As a factual result of the accident Plaintiff, Michael J. Orris, has suffered a permanent diminution of his ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 19. As a factual result of the accident, the Plaintiff, Michael J. Orris, has suffered a loss of earnings and an impairment of his earning power and capacity in the future, and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Michael J. Orris, demands judgment against the Defendant, Michael G. Hart, in an amount in excess of an amount requiring compulsory arbitration. COUNT II BONNIE L. ORRIS v. MICHAEL G. HART LOSS OF CONSURTION 20. Paragraphs 1 through 19 are incorporated herein by reference and made a part thereof as if set forth in full. 21. The Plaintiff, Bonnie L. Orris, has suffered from the loss of services and companionship and consortium of her husband, Plaintiff, Michael J. Orris, as a factual result of the negligence of the Defendant, Michael G. Hart. WHEREFORE, the Plaintiff, Bonnie L. Orris, demands judgment on the Defendant, Michael G. Hart, in an amount in excess of an amount requiring compulsory arbitration. DATED: ?2- - 2 f - 0 P Respectfully submitted SCHMIDT KRAMER PC BY 0rard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, MICHAEL J. ORRIS, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: cl d` M EL J. 0 S C"`r +v p ? F i:3 f tl ?;' r . Vii' A SHERIFF'S RETURN - REGULAR CASE NO: 2009-01173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRIS MICHAEL J ET AL VS HART MICHAEL G SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HART MICHAEL G was served upon the DEFENDANT , at 0011:44 HOURS, on the 28th day of February-, 2009 at 2109 E COVENTRY LANE ENOLA, PA 17025 MICHAEL HART DEFENDANT by handing to 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: So Answers: Docketing Service 18.00 10.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.80 03/02/2009 SCHMIDT KRAME PC Sworn and Subscibed to By: before me this day Depu Sheriff of , A.D. ??` ?:?.? ?. ?,,, ??;: ?; ?. r F ?? ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. ORRIS and CIVIL DIVISION BONNIE L. ORRIS, his wife, Plaintiffs, NO. 09 - 1173 V. PRAECIPE FOR APPEARANCE MICHAEL G. HART, (Jury Trial Demanded) Defendant. 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 #16928 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. ORRIS and CIVIL DIVISION BONNIE L. ORRIS, his wife, Plaintiffs, NO. 09 - 1173 V. MICHAEL G. HART, Defendant. (Jury Trial Demanded) 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, Michael G. Hart, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: vin [3. aucTrEsquire unsel ror 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 9T" day of March, 2009. Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: (Rauch, Esquire for Defendant ro rte, rTi t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. ORRIS and BONNIE L. ORRIS, his wife, Plaintiffs, CIVIL DIVISION NO. 09 - 1173 V. MICHAEL G. HART, Defendant. TO: Plaintiffs 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 entered against you. Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER (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 #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16928 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. ORRIS and CIVIL DIVISION BONNIE L. ORRIS, his wife, Plaintiffs, NO. 09 - 1173 V. (Jury Trial Demanded) MICHAEL G. HART, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Michael G. Hart, 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. Admitted. 6. Paragraph 6 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. COUNTI Michael J. Orris v. Michael G. Hart - Negligence 7. In response to paragraph 7, the Defendant reiterates and repeats all of his responses in paragraphs 1 through 6 as if fully set forth at length herein. 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. 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 location of the subject accident. The remaining allegations and subparts of paragraph 9 are 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. 10. Paragraph 10 and all of its subparts state 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. 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. 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. 14. Paragraph 14 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. 15. Paragraph 15 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. 16. Paragraph 16 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. 17. Paragraph 17 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. 18. Paragraph 18 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. 19. Paragraph 19 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. WHEREFORE, Defendant, Michael G. Hart, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT II Bonnie L. Orris v. Michael G. Hart - Loss of Consortium 20. In response to paragraph 20, the Defendant reiterates and repeats all of his responses in paragraphs 1 through 19 as if fully set forth at length herein. 21. Paragraph 21 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. WHEREFORE, Defendant, Michael G. Hart, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 22. 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. 23. 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. 24. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 25. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Michael G. Hart, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: z L?Li , Kevin D. Rauch, Esquire Counsel 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--zl"-, 22? Michael G. Hart #16928 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 1St day of April, 2009. Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: D(? Kevin D. Rauch, Esquire Counsel for Defendant RLED-Offa OF THE PROTHONOTARY 20,09 APR -3 PM 2: 02 Y4 ?: Ivr?i t s ' SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRE I.D. # 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkrmaer(@,schmidtkramer.com MICHAEL J. ORRIS and BONNIE L. ORRIS, his wife Plaintiff V. MICHAEL G. HART Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. 09-1173 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, by and through their attorneys, SCHMIDT KRAMER PC, as respectfully respond to the new matter as follows: 22. Paragraph 22 states a conclusion of law which no response is necessary. 23. Paragraph 22 states a conclusion of law which no response is necessary. 24. Paragraph 22 states a conclusion of law which no response is necessary. 25. Paragraph 22 states a conclusion of law which no response is necessary. WHEREFORE, the Plaintiffs, Michael J. Orris and Bonnie L. Orris, respectfully requests that the new matter be dismissed. Respectfully submitted, DATE: SCHMIDT KRAMER PC By: Gerard C. Kramer Attorney for Plaintiff(s) ? r ATTORNEY VERIFICATION I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: I I-( I Oct rard C. Kramer, Esquire FILED-('t FCE Of THE PPOTH TAAY 2003 APR 15 Pri 3: 00 C Y 2~l0 Jx~d Z2 °~ ~~ ~~= '~,~ ~~ C~.,v _ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. ORRIS and CIVIL DIVISION BONNIE L. ORRIS, his wife, Plaintiffs, NO. 09 - 1173 v• PRAECIPE FOR LISTING CASE FOR TRIAL MICHAEL G. HART, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Seth T. Black, Esquire Pa. I.D. #203075 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16928 015. oo PQ ATE y- e~c~ a3o(, aat~~~~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ^X for JURY trial at the next term of civil court. ^ for trial without a jury. --------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) X^ Civil Action -Law MICHAEL J. ORRIS arY~ ^ Appeal from arbitration T30NNIE L. ORRIS ^ (other) (Plaintiff) vs. MICHAEL G. HART (Defendant) vs. The trial list will be called on March 30, 2010 and Trials commence on April 26, 2010 Pretrials will be held on April 7, 2010 (Briefs are due S days before pretrials No. 09-1173 Indicate the attorney who will try case for the party who files this praecipe: Seth T. Black, Esquire Indicate trial counsel for other parties if known: Gerald C. Kramer, Esquire This case is ready for trial. Date: ~ ~ 1 I Si Print Name: Seth T. Black Term Attorney for: Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR LISTING CASE FOR TRIAL has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21St day of January, 2010. Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Seth T. Blac , squire Counsel for Defendant y CAfTL ~~EILEG-F~~~ -..;E ~ fir ~ „~ ;, ..:.~-~.t~ 201Q~~~ ~ ~ 1 ti t~~ li~ ~ ~~ a ut~r J~;Y ~- -,. ;_i r.::., ~ ~ t.. .: r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. ORRIS and CIVIL DIVISION BONNIE L. ORRIS, his wife, Plaintiffs, NO. 09 - 1173 v. PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST MICHAEL G. HART, 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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16928 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. ORRIS and CIVIL DIVISION BONNIE L. ORRIS, his wife, Plaintiffs, NO. 09 - 1173 v. MICHAEL G. HART, Defendant. (Jury Trial Demanded) PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST TO THE PROTHONOTARY: Kindly remove the above-captioned matter from the April 26, 2010, civil trial list. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. B .~..~ ~~ Y~ Kevin D. Rauc ,Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 10th day of March, 2010. Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: _-t._...-~.-- Kevin D. Rauch, squire Counsel for Defendant