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Home My WebLink About09-3812F:\F1LES\Clients\11448 Wagner\11448.6.pra.writ\mam Created: 6/24/05 3:45PM Revised 6/9/09 10:11AM 3050.353 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GEORGE H. WAGNER and IN THE COURT OF COMMON PLEAS OF EDNA P. WAGNER CUMBERLAND COUNTY, PENNSYLVANIA 820 Pine Road Carlisle, PA 17015 Plaintiffs, NO. 2009 - V. CIVIL ACTION - LAW PENN PRODUCTS CORPORATION, 1369 Swope Drive Boiling Springs, PA 17007 Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons upon: SANDRA McCORKEL, President, PENN PRODUCTS CORPORATION, 1369 Swope Drive, Boiling Springs, Cumberland County, Pennsylvania 17007, and deliver to the Sheriff for service. MARTSON LAW OFFICES By: (?x z C- /Z Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: al q/o 7 Attorneys for Plaintiffs RZ-OFFICE OF THE PRO, . '0s?#oTARY 2009 JUN -9 PM 2: 59 CUM : ??t t 60IONTY PENNSYLVANIA Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS George H. Wagner and Edna P. Wagner 820 Pine Road Carlisle, PA 17015 Plaintiff Court of Common Pleas Vs. No 2009-3812 Civil Term Penn Products Corporation 1369 Swope Drive Boiling Springs, PA 17007 In CivilAction-Law Defendant To Penn Products Corporation, You are hereby notified that George H. Wagner and Edna P. Wagner the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered agai you. (SEAL) Ofirtis R. Long,( t tary Date 6/9/2009 By Deputy Attorney: Name: Christopher E. Rice, Esq. Martson Law Offices Address: 10 East High St. Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-3341 Supreme Court ID No. 90916 Sheriffs Office of Cumberland County R Thomas Kline C'UMi"Ji" Sheriff Ronny R Anderson Chief Deputy ors, E OF -nE -ERirr George H. Wagner vs. Sandra McCorkel Edward L Schorpp Solicitor Jody S Smith 7ivil Process Sergeant SHERIFF'S RETURN OF SERVICE se Number 009-3812 06/23/2009 03:30 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states at on June 23, 2009 at 1530 hours, he served a true copy of the within Writ of Summons, upon the wit in named defendant, to wit: Sandra McCorkel, by making known unto herself personally, defendant a 675 Valleyview Drive Boiling Springs, Cumberland County, Pennsylvania 17007 its contents an at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $39.24 June 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF y Deputy She f P-o r Sheriffs Office of Cumberland County R Thomas Kline Sheriff „tt+?t tiarrr??ry Ronny R Anderson Chief Deputy George H. Wagner vs. Penn Products Corporation SHERIFF'S RETURN OF SERVICE 06/23/2009 SHERIFF COST: $39.24 June 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF A. By , Deputy Sheriff (`) N C -I = TJ? -_ -r?"r Fri Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Case Number 2009-3812 AMENDED 03:30 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2009 at 1530 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Penn Products Corporation, by making known unto Sandra McCorkel, President at defendant at 675 Valleyview Drive Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. GEORGE H. WAGNER and EDNA P. WAGNER, Plaintiffs v. PENN PRODUCTS CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 09-3812 CIVIL TERM PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Penn Products Corporation, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT, P.C. -~ Douglas G. filler, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: $- ~~J-~~ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CHRISTOPHER E. RICE, ESQUIRE MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Date: S -~ 3 'C~ `~ IRWIN & McKNIGHT, P.C. Dou as . Mi er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 S, ,t. ,.. ~~ ~~~! • `. Y~! Ali6 (9 !'i1 3~ i ~/VgK7~; ,4 ~ ~.~NN1\~ 1 t"a b ; C~ o ~~1 GEORGE H . WAGNER and IN THE COURT OF COMMON PIiS (t~~, x._ ~~ EDNA P. WAGNER, CUMBERLAND COUNTY, PENNS~LVAN~ ~ ~ Plaintiffs ~ ,~?J r~ --' ''r. CIVIL ACTION - LAW `- ~ `;~~~`` PENN PRODUCTS CORPORATION,: t.~T° -- Defendant NO. 09-3812 CIVIL TERM .,.; c.s-c IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on February 23, 2010. Present on behalf of Plaintiffs was Christopher E. Rice, Esquire. Present on behalf of Defendant was Douglas G. Miller, Esquire. This is an action for negligence, breach of contract, trespass, and injunctive relief arising out of alleged dumping by Defendant on Plaintiffs' mountain land. Damages claimed by Plaintiffs include $42,516 to effect removal of the debris. Defendant denies that the portion of land in question is owned by Plaintiffs, and denies the dumping, inter alia. This will be a nonjury trial of an estimated duration of 2 days. By separate Order of Court, an initial day of trial has been scheduled for Monday, April 5, 2010. By another Order of Court to be entered on today's date, a second day of trial will be scheduled for Thursday, May 6, 2010, commencing at 9:30 a.m. Both counsel are in agreement that a view of the premises might be helpful to the Court in this case. With respect to settlement negotiations, it does not appear that Defendant has yet caused a survey to be made to support its position that Plaintiffs do not own the land in question. It is unclear to the Court whether this case might be resolved prior to trial. Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 For Plaintiffs Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Defendant :mae ~a~ f rd ~~ By the Court, GEORGE H. WAGNER and EDNA P. WAGNER, Plaintiffs v PENN PRODUCTS CORPORATION,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3812 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 23rd day of February, 2010, a second day of trial in this nonjury case is scheduled for Thursday, May 6, 2010, commencing at 9:30 a.m. It is noted that by prior Order of Court an initial day of trial has been scheduled for Monday, April 5, 2010, commencing at 10:00 a.m. ~ Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 Forte Plaintiffs Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Defendant :mae ~ `mss m,~ t ~~~- ~,~ C"7 c~ + :: c.~ ~-, ,, '~? ~ -L tV t~-s ~ fra - ~ c.a :. ~~=, ~. a ~ ~r _;_> ,- , -; ; ~' 'L;:. f N _. By the Court, of C 041 David D. Buell 14f!' 4 Renee X Simpson z Prothonota ry 1St Deputy Prothonotary o - z 0 Q Cif v KirkS. Sohonage, ESQ •Z`�_. r=f Irene E. Morrow Solicitor 1750 2"d Deputy Prothonotary Office of the cProthonotary Cumberland County, Pennsylvania 09 3A1t2%4_ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573