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HomeMy WebLinkAbout04-2273 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEBORAH L. GRAHAM 902 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Plaintiff : IN THE COMMON PLEAS COURT OF : CUMBERLAND COUNTY , PENNSYLVANIA v. NO. Ol/- ~;;n3 6\ii I CIVIL ACTION - LAW JENNIFER J. DOSE 718 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Defendant PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above captioned action, which arises from an automobile accident. -1L- Writ of Summons shan be issued and forwarded to Attorney/Sheriff. Date: c:: "" Q Stephen K. Portko Supreme Court ID No. 34538 101 South U.s. Route 15 DilIsburg, PA ]7019 (717) 432-9706 Attorney for Plaintiff SUMMONS IN CIVIL ACTION TO: JENNIFER J. DOSE 718 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. pr~(~c;:f{f~Division Date: '), J<J-O,/ By: dt4~~!:~ ~ '- ~ Sl..l ~ it \::It' ~~: ~Yi - ~ ~~ ~ j---. t. @ ~ S?1 = oJ:" ~-l ~d -C, -n ~.-'.. inr~ -- :~rQ f'.) ;"~''lr o ~:::~.~. ::. ;,:~,~~, :-::.\ c;: <-, (-'" ...::< CJ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02273 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAHAM DEBORAH L VS DOSE JENNIFER J ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DOSE JENNIFER J the DEFENDANT at 1826:00 HOURS, on the 24th day of May 2004 at 718 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to JENNIFER DOSE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.28 .00 10.00 .00 36.28 .f"~~ R. Thomas Kline OS/25/2004 DUSAN BRATIC & ASSOC me this ..<7~ day of BY:~~~ . J...C k . Deputy eri e.; Sworn and Subscribed to before ~~JAJ/)'f . A.D. c.... \ Q ~-<.. /l Cr>z , I~honotary .. TJ Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer J. Dose DEBORAH L. GRAHAM, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 04-2273 - CIVIL JENNIFER J. DOSE, Defendant : CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Enter a rule upon the Plaintiffto file a Complaint within twenty (20) days after service ofthe Rule, or Judgment of Non Pros will be entered. Respectfully submitted, By: ~ Brigid Q. lford, squ' Supreme Court J.D. #3 590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer J. Dose Date: &/'[/0'( DEBORAH L. GRAHAM, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 04-2273 - CIVIL JENNIFER J. DOSE, Defendant : CIVIL ACTION - LAW RULE TO THE PLAINTIFF; You are ruled to file a Complaint within twenty (20) days after service hereof. 2 Date: ,/ -..PO 9. ..2a:Jf/ 4~ I PR HO OT CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Rule to File Complaint on the following by first-class mail, postage prepaid and addressed as follows: Stephen K. Portko, Esquire Bratick and Portko 101 South U. S. Route 15 Dillsburg, P A 17019 ck~ Brigid Q. A~~SqU. Date: ~/1(of . Cl ,'- "'" c::> c.::::o ~- c_: , I \...0 (") 'n -I :L-n f""i'r- ::1P1 ,,? :_:~C} -lH ~::: ~O. Brigid Q. Alford, Esquire Supreme Court LD. #38590 BOSWELL, TINTNER, PICCOLA &ALFORD 315 North Front Street Post Office Box 741 Hanisburg, Pennsylvania 17108-074] Attorneys for Defendant Jennifer J. Dose DEBORAH L. GRAHAM, : IN THE COURT OF COMMON PLEAS : CUMBERLANU COUNTY, PENNSYLVANIA Plaintiff v. : No. 04-2273 Civil) Term JENNIFER J. DOSE Defendant : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearance ofBrigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Alford on behalf of Defendant Jennifer J. Dose. Respectfully submitted, By: -I- Date: !J{ 6!iJ1 Brigid Q. lford, squ. Supreme Court J.D. # 590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer J. Dose , CERTIFICATE OF SERVICE: I do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Stephen K. Portko, Esquire Bratick and Portko 101 South U. S. Route 15 Dillsburg, P A 17019 By: ~A~r~ Date: v/V/~1 ... ....., c:~ CC> "'- (-;:-.: () -'n .-, A.~ f;~ r71 cE (>) I '-.D fr: ,~'J (.,) DEBORAH L. GRAHAM Plaintiff : IN THE COMMON PLE:AS COURT OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 04-2273 Civil Term JENNIFER J. DOSE Defendant 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 7013 (717)249-3166 A VISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace faha asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. U sted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAJ\1ENTE. SI NO TIENE ABOGADO o SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 DEBORAH L. GRAHAM Plaintiff IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-2273 Civilllerm JENNIFER J. DOSE Defendant JURY TRIAL DEMANDED COMPLAINT I. Plaintiff, Deborah L. Graham is an adult individual residing at 902 Allenview Drive, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant, Jennifer J. Dose an adult individual at 718 Allenview Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff, Deborah L. Graham is the owner of a two year old Australian Blue Heeler Canine [hereinafter "dog"] that is in her possession at 902 Allenview Drive., Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant, Jennifer J. Dose is the registered owner and operator of a 1997 Green Pontiac Sunfire automobile at the time of the accident that occurred on April 17, 2004. 5. The facts and occurrences hereinafter related took place on or about April 17, 2004 at or about 4:00 p.m. at or about the 800 block of Allenview Drive, Cumberland County, Mechanicsburg, Pennsylvania. 6. At the aforesaid time and place Defendant, Jennifer J. Dosl~ was traveling in her vehicle at or about the area ofthe 800 block of Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania heading eastward towards her residence at 718 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforesaid time and place the vehicle operated by Defendant was traveling at an excessive rate of speed on the roadway, and struck the Plaintiffs dog causing the dog to sustain the injuries set forth below. 8. Defendant upon hitting the dog proceeded to continue traveling eastwardly towards her residence without attempting to render assistance to the dog she had injured or to locate the owner of said injured dog. 9. Defendant never attempted to bring her vehicle under control or to stop her vehicle to avoid striking and injuring the dog or to locate the owner of the injured dog. 3 10. Defendant, after hitting and injuring the dog, fled the scene of the accident and continued to proceed to go to her residence without attempting to render assistance to the injured dog or to locate the owner of the injured dog. II. Said occurrence and all of the herein mentioned injuries and damages sustained are the direct result of the negligent, careless and reckless manner in which Defendant operated her vehicle as follows: (a) In failing to keep proper and adequate controi over her vehide; (b) Failing to stop her vehicle at the scene of an accident and failing to attempt to locate the owner of the property, to wit a dog, which she stuck with her vehicle. (c) In failing to keep proper look out and maintain adequate look out and control over her vehicle for the presents of whatever may be reasonably expected to be within her path; (d) In driving her vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating her vehicle on a highway in a manner endangering persons and property; (e) In failing to exercise the high degree of care required when faced with a sudden emergency and in failing to maintain a proper lookout while driving in a residential area on a roadway of hill crests and or curves. (f) In failing to proceed slowly enough as to avoid sticking and damaging Plaintiff's property; (g) In failing to apply her brakes in time to avoid striking and injuring the dog; (h) In failing to operate her vehicle under such control as to be able to stop on the shortest possible notice; (i) In proceeding on a highway when the Defendant in the exercise of reasonable diligence should have seen that further operation of her vehicle would result in injury to the dog; 4 (j) In being inattentive and failing to maintain a sharp lookout of the road and the surrounding conditions and obstructions; (k) In failing to give any signal or warning to the dog by horn, bell, or otherwise of her approach when she saw the dog coming; (I) In failing to stop or reduce the speed of her vehicle at an assured clear distance ahead so as to avoid causing injury to the dog; (m) In operating her vehicle without due regard for the safety of the dog; and (n) Otherwise operating her vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 12. Solely as a result the Defendant's negligence Plaintiff's property, the dog, suffered serious permanent injuries including abrasions, contusions, and tearing of the dog's muscles and nerves and deep tissue damage, requiring surgeries on the dog's muscles and ligaments, including the following: (a) Damages to his lungs, kidneys and respiration functions causing shock upon impact; (b) Torso, Leg, and Neck and Back Sprain/Strain; (c) Contusions and abrasions; (d) Stitches and permanent loss in the flexion of the right foreleg and both hind legs; (e) Neck, Back and Shoulder Muscle Pain radiating down the front and hind legs, torso, back and chest areas; (f) Fluids seeping from the deep muscles causing abscessing, pus and infection requiring surgery to drain the infection; (g) Deep muscle, tissue, nerve and ligament damage; (h) Fragments of bones being dislodged internally causing abscessing and respiratory problems; (i) Arthritis and muscle spasms throughout the body requiring medications; and (j) Permanent scarring and disfigurement of the right It:g area. 5 13. As a result of this occurrence the Plaintiff, Deborah L. Graham's dog has undergone surgical and medical treatment including medications in the past and is currently undergoing such treatment and will in the future continue to undergo additional such treatment including office visits, supplies and medications at a cost of $1000 per year for the future life of the dog over a period of the next ten years and a claim is made thereof. 14. As a result of this occurrence the Plaintiff, Deborah L. Graham has incurred out of pocket expenses for the treatment and care of the injured dog totaling $219.50 to date ,md will in the future continue to incur additional out of pocket expenses for time lost from working and traveling expenses for the care of the dog and a claim is made therefore. 15. As a result of this occurrence the Plaintiff, Deborah L. Graham has incurred veterinarian medical expenses including surgery, medications, supplies and treatment for the injured dog totaling $694.00 to date and a claim is made therefore. WHEREFORE, Plaintiff Deborah L. Graham demands judgment of the Defendant Jennifer 1. Dose for the loss, damages and expenses incurred but not more that the compulsory arbitration amount of Thirty Five Thousand and 00/100 ($35,000) Dollars plus costs. BRATIC & PORTKO <::::~:-- -~~'~~l C ~ortko ID No. #34538 101 South u..S. Route 15 Dillsburg, P A 17019 (717) 432-9706 Attorney for Plaintiff ~ DATED: o /29/0C( By: 6 VERIFICATION I, Deborah L. Graham hereby acknowledge that I am a Plaintiff in the foregoing action and that I have read the foregoing document and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~( ? '\ \ D L( . L:'\ CJ 9- ~iraham DEBORAH L. GRAHAM Plaintiff : IN THE COMMON PLEAS COURT OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-227:~ Civil Term JENNIFER J. DOSE Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished by U.S. Mail, first class, postage prepaid on this 29th day of June 2004 to: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola &Alford 315 North Front Street PO Box 741 Harrisburg, PA 17108-0741 Attorney for Defendant DRATIC & PORTKO Dated: 0/Z~/()y 'C~"'" "? L~~ ....{ '^---, '''+-eJ Stephe K. Portko, Esquire . ID # 34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff Q ", 0 c:... ':--:l -r1 ~~- ~~"~ -::J T <T h'r r.-- -;~I ;~~.~ N U) , , -,-, .c- ... .; -<C G) Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL, TINTNER, PICCOLA &ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer J. Dose DEBORAH L. GRAHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 04-2273 Civil Term JENNIFER J. DOSE Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Deborah L. Graham C/O Stephen K. Portko, Esquire Bratick and Portko 101 South U. S. Route 15 DiIlsburg, PA 17019 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, TINTNER, PICCOLA & ALFORD By: ~.L~I Brigid Qf Alford, squir Date: '1h/ot..f I Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL, TINTNER. PICCOLA &ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jennifer J. Dose DEBORAH L. GRAHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 04-2273 Civil Term JENNIFER J. DOSE Defendant : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER and COUNTERCLAIM Defendant Jennifer J. Dose, by her attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford, answers Plaintiff's Complaint, as follows: I. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph I; the same are th,erefore denied and proof thereof demanded. 2. Admitted. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 3; the same are therefore denied and proof thereof demanded. 4. Admitted. 5. Admitted only that the incident at issue occU!T(~d on April 17, 2004 at or about 4:00 p.m. at or about the 800 block of Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania; Defendant denies the nature of the "facts and occurrences" as otherwise described by Plaintiff in her Complaint. 6. Admitted. 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments as to injury and damage; as to the remaining averments, Defendant denies them in their entirety. 8. Admitted only that Defendant traveled eastwardly towards her residence. Byway of further Answer, Defendant avers that the dog eloped from the scene of the incident, unleashed, uncontrolled, and demonstrating no outward signs of injury. Denied that Defendant hit or "injured" said dog; to the contrary, the dog ran into Defendant's vehicle. By way of further Answer, Defendant avers that the dog was known to be aggressive and that she had neither the opportunity nor the ability to approach it in order to check its tags, if any, for identification purposes. 9. Denied that Defendant "never attempted to bring h~r vehicle under control or to stop her vehicle." Denied that Defendant injured the dog. By way of further Answer, Defendant avers that the dog was known to be aggressive and that she had neither the opportunity nor the ability to approach it in order to check its tags, if any, for identification pmposes. 10. Denied. By way of further answer, Defendant incorporates herein by reference her answer to Paragraph 9, above. -2- II. The averments as to negligence, carelessness, recklessness, and failure to use care set forth conclusions of law to which no response is required. As to the averments of injury and damage, Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments; the same are therefore denied and proofthereof demanded. As to the remaining averments of fact, Defendant denies those in their entirety. 12. The averment as to negligence sets forth a conclusion oflaw to which no responses is required. As to the averments of injury and damage, Ddendant is without knowledge or information sufficient to form a belief as to the truth of the thos(: averments; the same are therefore denied and proof thereof demanded. 13. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 13; the same are therefore denied and proof thereof demanded. 14. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 14; the same are therefore denied and proof thereof demanded. 15. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 15; the same are therefore denied and proof thereof demanded. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff. -3- NEW MATTER 16. Plaintiff fails to set forth a claim upon which reliefcan be granted. 17. Plaintiff s damages were caused by events other than the incident at issue. 18. Plaintiffs damages were caused by events or conditions that pre-existed the incident at issue. 19. Plaintiff is barred from recovery, in whole or in part, by the doctrine of contributory negligence and Pennsylvania's comparative negligence statute, in that she: a. failed to keep proper and adequate control over her dog; b. failed to comply with the applicable leash/dog control laws, including but not limited to Upper Allen Township Ordinance No. 183; c. failed to exercise the high degree of care required when owning a large domestic animal and when allowing said animal to be at large in a residential neighborhood; d. failed to keep her dog chained, corralled, or otherwise effectively restrained inion her property; e. failed to keep her dog off a roadway designated for vehicular travel only; f. failed to take additional precautions in the nature of controls and restraints given the fact that said dog had hearing deficiencies and could not hear any sound, signal or waming given by approaching vehicles; g. failed to comply with the applicable pet regulations promulgated by the condominium association wherein Plaintiff resided at the time of the incident at issue; and -4- h. otherwise allowed the dog to venture offher property and run at large upon public streets in violation of the laws of the condominium association, the Township of Upper Allen, and the Commonwealth of Pennsylvania. WHEREFORE, Defendant demands judgment in her fiiVor and against the Plaintiff COUNTERCLAIM Jennifer J. Dose v. Deborah L. Graham Negligence 20. Defendant/Counterclaim Plaintiff Dose incorporates herein by reference her answers and New Matter averments as set forth in Paragraphs 1-19, above. 21. At or about 4:00 p.m. on April 17, 2004, PlaintiWCounterclaim Defendant Graham was the owner of a certain large dog, which she kept in her custody at her residence at 902 Allenview Drive, Mechanicsburg, Pennsylvania. 22. At all times relative hereto, Allenview Drive, and in particular the 800 and 900 blocks thereof, was a public street situate in the Township of Upper Allen. 23. At or about the same time and place, Defendant/Counterclaim Plaintiff Dose was operating her motor vehicle on Allenview Drive, Cumberland COlmty, when Graham's dog escaped the confines of its owner's property boundaries, and/or was otherwise running at large on Allenview Drive. 24. At all times relative hereto, Graham's dog was not under the verbal or physical control of any person, nor was it otherwise restrained, leashed, tied up, muzzled, barricaded, or prevented from running at large on Allenview Drive. -5- 25. Graham's dog thereafter entered onto Allenview Drive and ran into the vehicle being driven by Defendant/Counterclaim Plaintiff Dose, causing property damage to said vehicle of the types set forth on the Estimate attached hereto, made part hereof, and identified as Exhibit A, the terms of which are incorporated herein by reference, which damages totaled $416.47. 26. Defendant/Counterclaim Plaintiff Dose incorporates herein by reference the allegations of negligent acts and omissions as set forth in Paragraph 19, above. 27. Graham's acts and omissions, with respect to her failure to control her dog, constitute violations of the laws of the Township of Upper Allen, and specifically its Ordinance No. 183, Section 88-1. 28. Graham's violations of the aforementioned Ordinance No. 183 constitutes negligence per se. WHEREFORE, Defendant/Counterclaim Plaintiff Dose demands judgment in her favor and against Plaintiff/Counterclaim Defendant Graham, in an amount not in excess of the statutory limit requiring compulsory arbitration. Respectfully submitted, By: Lh~ if. ay; Brigi(l Q. Al ord, E~' uire Supreme Court J.D.I 38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Jeunifer J. Dose Date: l(%r STATE FARM MUTUAL INSURANCE COMPANY (R) HARRISBURG CLAIM OFFICE 115 LIMEKILN ROAD - P.O. BOX 257 NEW CUMBERLAND, PA 17070-0257 CD LOG NO 360 -0 ESTIMATE 04-22-04 10:44 AM CLAIM INFOR~ATION CLAIM # 38-K423-41201 COMPANY STATE FARM FAX INSURED DOSE,JENNIFER CLAIMANT POLICY # CLAIM REP FREED,MICHAEL WORK PH# (717) 774-9028 LOSS DATE 04-17-04 LOSS TYPE COMPREHENSIVE INSPECTION TYPE PRIMARY POI APPRAISER NAME LICENSE # ADDRESS CITY STATE OWNER FIELD FRONT END DAN COONS 144938 LEFT SECON]) POI INSP DATE LOCATION 04-22-04 WORK LOCATION DOSE,JENNIFER 718 ALLENVIEW DR MECHANICSBURG PA 17055-8603 WORK#(717) 766-2511 HOME#(717) 691-7247 REPAIR VEHICLE 1997 PONTIAC SUNFIRE SE 4 DR SEDAN 4CYL GASOLINE 2.2 OPTIONS TWO-STAGE - EXTERIOR SURFACES AUTOMATIC TRANS TWO-STAGE - INTERIOR SURFACES BODY COLO". CONDITION LICENSE # LICENSE ST.Z\TE GREEN DTT-2248 PA MILEAGE VIN CODE VEH INSP # 73,232 3G2JB5240VS853272 W234 REMARKS: ESTIMATE WAS PREPARED BY DAN COONS (ELECTRONIC SIG~IATURE) "FAX SUPPLEMENT REQUEST FORM TO 717-774-2113. IF NO FAX ,CALL 717-774-9049. COPIES OF ESTIMATES MAILED TO OWNER OP CODES: * = USER- r'lTERED VALUE EC = ** QD SITY REPL PART EU = QLTY ~ECYCLED PART E = UC = EP -= REPLACE OEM RECOND PART ** QUALITY REPL -1- NG = UM= PART PC = REPLACE NAGS REMAN/REBUILT RECOND PART PART 1997 PONTIAC SUNFIRE SE 4 DR SEDAN CLAIM # 38 -f:423 -41201 LOG 360 -0 04-22-04 10:44 AM PM = REMAN/P'"BUILT PART TE = PARTL REPL PRICE ET = PARTL REPL LABOR IT = PARTI!\L REPAIR I = REPAIR L = REFINISH BR = BLEND RSFINISH 1'1' = TWO-TONE CG = CHIPGUARD SB = SUBLET N = ADDITIONAL OPERATION RI = R&I ASSEMBLY P = CHECK RP = RP-RELATED PRIOR UP = UP-UNRELATED PRIOR R&I/OH REPAIR REFINISH 2.6 SURFACE 0.6 TWO-STAGE SETUP 0.5 TWO-STAGE >>REFINT,H TIME IS TO BLEND PANEL & CLEAR COAT' ENTIRE 0036 .)l'.RKLAMp ASSEMBLY LT 5976769 GM PART :rAZARDOUS WASTE REMOVA SUBLET CL '.N FOR DELIVERY ADDITIONAL OPERAT EL;X ADDITIVE REPLACE OEM OP GDE MC DESCRIPTION MFR. PART NO. ----------- E I L 0006 0006 0005 BUMPER BUMPER BUMPER ------------ COVER, FRONT CC 'ER, FRONT CO ER,FRONT E SB N E 7 I'rSMS FINAL CALCULi'. '0::3 & ENTRIES PARTS GROSS PAPTS OTHER pAc-.rs PAnJT MA: ::R='.L ADJUSTMENTS DISCOUNT PARTS & F. "'."'.I;'.L TOTAL TAX ON Pl>. & r.:;,TERIAL @ 6.000% ,- '1 ,. " MARKUP LABOR 1-S':'-ET ~,..,"' 2-MECH/ELEC 3-FF.~ME 4 -RS-INrc.'{ 5-P.\:NT RATE REPLACE HRS REPAIR HRS S 40.00 1.8 1.7 $ $ 40.00 $ 42.00 $ 40.00 3.7 $ $ 19.00 LABOR TOTN TAX UN L.'''' -., SUBL"T R' "S TAX ON SUo .. .. TOIHl'G STCR.; GE @ 6.000% @ 6.000% GROSS ':'OTl'.L LEse;: DED'JCTIBLE NET TO.;AL -2- PRICE AJ% B% HOURS R 0.00* ----- - 1. 8 1 1.5*1 3.7 4 PANEL. 27.60 1.00* 0.00* 6.00* INC 1 0.0*1* 0.2*1* 0.0*1* 33.60 70.30 $ 103.90 $ 6.23 140.00 148.00 $ 288.00 $ 17.28 $ 1. 00 $ 0.06 $ $ $ 416.47 100.00- 316.47 1997 PONTI~C SUNFIRE SE 4 DR SEDAN CLAIM # 38-,:.123-41201 LOG 360 -0 04-22-04 10:44 AM PXN Y/OO/OO/OO/OO/OO CUM 00/00/00/00/00 GEOCODE: 17070 HARRISBURG ADP PE:T?RO H0-110 ES LOG360 -0 04-22-04 10:53:36 REL 4.10 SW02/04 DT03/04 (C) 1993 - 2003 ADP CLAIMS SOLUTIONS GROUP, INC. 1.1 ERS WERE ADDED TO THIS EST. BASED ON ADP'S TWO-STAGE REFINISH FORMULA. ------------------------------------------------..------------------------------ -3 - 1997 PONTIAC SUNFIRE SE 4 DR SEDAN CLAIM # 38-r:423-41201 LOG 360 -0 ESTIMATE SUMMARy PAGE DAN COONS GROSS TOTAL $ 416.47 LESS: DEDUCTIBLE $ 100.00- NET TOTAL $ 316.47 ADP PENPRO W0410 ES LOG360 -0 04-22-04 10:53:36 REL 4.10 SW02/04 DT03/04 (C) 1993 - 2003 ADP CLAIMS SOLUTIONS GROUP, INC. YOU ARE UNDER NO REQUIREMENT TO USE ANY SPECIFIED REPAIR SHOP. 04-22-04 10:44 AM ANY PERSON !'''j KNmlINGLY AND WITH INTENT TO INJUF~E OR DEFRAUD ANY INSURER FILES AN AP~~~~TION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. FAILING TO ~~~SENT THIS ESTIMATE TO THE REPAIRING FACILITY BEFORE A REPAIR MAY RESULT IN ADDITIONAL EXPENSE TO YOU. COpy OF THE ['):~M(S) WAS SENT/GIVEN TO THE CONSUMER ON: -4- VERIFICATION I, Jennifer J. Dose, hereby verity that the facts contained in the foregoing Defendant Dose's information and belief. I understand that false statements herein are subject to the penalties of 18 Answer to Plaintiffs Complaint with New Matter are true and correct to the best of my knowledge, Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. <1L se Date: M () 7 2rJrJ~ ) CERTIFICATE OF SERV][CE I do hereby certifY that I have served a true and correct copy of the foregoing Answer to Complaint with New Matter and Counterclaim by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Stephen K. Portko, Esquire Bratick and Portko 101 South U. S. Route 15 Dillsburg, P A 17019 By: ~,L, Brigid ~. Alford, Es Date: '1j1J/>>'f C) ~-' ,::-, 0 C :?:~ -n <- :;-J C~ ..1_."" r"--;: nlf~ I -CO fT1 :f1>::( UJ C-") -C =~j~,,~ , ::;;: ~~~ ~r~ (j rn r:? .., c.:> ~ +.-,- -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL.VANIA DEBORAH L. GRAHAM, Plaintiff, v. : NO. 04.227:3 Civil Term JENNIFER J. DOSE, Defendant : CIVIL ACTION. LAW PLAINTIFF'S REPLY TO DENDANT'S Nl~W MATTER AND COUNTERCLAIM Plaintiff, Deborah L. Graham, by and through their undersigned counsel, hereby answer defendant's New Matter and Counterclaim as follows: REPLY New Matter 16. Denied. The allegations contained in paragraph 16 contain mere conclusions of law to which no response is required. By further answer, plaintiff incorporates by reference the averments set forth in paragraphs I through 15 of her Complaint. 17. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations. Therefore, said allegations are denied. By further answer, ddendant fails to specifically plead the "events" that allegedly caused plaintiffs damages. 18. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations. Therefore, said allegations are denied. By further answer, ddendant fails to specifically plead the "events or conditions that pre-existed" that allegedly caused plaintiffs damages. 19. Denied that plaintiff is barred by the doctrine of contributory negligence and Pennsylvania's comparative negligence statue. On the contrary, plaintiff allges that she: a. exercised adequate and proper control over her dog; b. complied with the applicable leash/dog control laws, including Upper Allen Township Ordinance No. 183; c. exercised the required degree of care of her pet, which pet is not a "large" domestic animal; further plaintiff did not knowingly allow said animal to be at large in a residential neighborhood. d. kept her dog chained on her property; e. exercised reasonable precaution to keep her dog off the roadway; f. exercised reasonable precaution regarding her d.og which did not have any hearing deficiency; g. fully complied with the applicable pet regulations promulgated by the association h. exercised the required degree of care of her pet and did not allow her dog to run at large upon public streets. WHEREFORE, plaintiff demands judgment in her favor and against Defendant. Counterclaim (Jennifer J. Dose v. Deborah L. Graham) 20. Plaintiff/Counterclaim Defendant Graham incorporates herein by reference the averments contained in paragraphs I through 19 inclusive of this Reply as fully as though the same were herein set forth at length. 21. Admitted in part and denied in part. Denied that the dog in question is a "large" dog. 22. Denied. The allegations contained in paragraph 22 contain mere conclusions of law to which no response is required. By further answer, plaintiff incorporates by reference the averments set forth in paragraphs I through 15 of her Complaint. 23. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations. Therefore, said allegations are denied. By way of further answer, plaintiff did not knowingly allow her dog to escape or run into the path of an approaching vehicle. 24. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations. Therefore, said allegations are denied. By way of further answer, plaintiff did not knowingly allow her dog to escape or run into the path of an approaching vehicle. 25. Denied that Graham's dog ran into the vehicle being driven by defendant. On the contrary, defendant, who was driving at an excessive rate of speed, failed to keep lookout or stop her vehicle to avoid striking and injuring the dog and then fled from the scene without rendering aid or assistance. Denied as to the remaining averments. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations. 26. Denied. Plaintiff/Counterclaim Defendant Graham incorporates herein by reference the averments contained in paragraph 19 of this Reply as fully as though the same were herein set forth at length. 27. Denied. The allegations contained in paragraph 27 contain mere conclusions of law to which no response is required. By further answer, plaintiff incorporates by reference the averments set forth in paragraphs I through 15 of her Complaint. 28. Denied. The allegations contained in paragraph 28 eontain mere conclusions of law to which no response is required. By further answer, plaintiff incorporates by reference the averments set forth in paragraphs I through 15 of her Complaint. WHEREFORE, plaintiff demands judgment in her favor and against Defendant. BRATIC & PORTKO B::~~~L~ ~h K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, P A 17019 (717) 432-9706 Attorneys for Plaintiff VERIFICATION I, Deborah L. Graham hereby acknowledge that I am a Plaintiff in the foregoing action and that I have read the foregoing document and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made su.bject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated:~ ,aJ 9 ~3raham --- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Reply to Defendant's New Matter and Counterclaim, was provided by U.S. Mail, postage prepaid, first class, to the following: Brigid Q. Alford, Esquire Boswell Tintner Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, P A 17108-0741 Date: i/z...rj Cf.-r B;A~ ~~ ~) ~m K. Portko 0 ....., 0 <= c co " .r.- ~: <- ...... -oCJ fk:n m(l" c: -:;0". , . r- zr". N ]3t? el,,} ':. CXl (:) -c'" -i!U ~C) ~ ,~r' -0 q~ ~C..? :: '<;"~'U Orn >c: r- --j ~ 55 r- '< DEBORAH L. GRAHAM Plaintiff 101 South U.S. Route 15 Dillsburg, P A 17019 : IN THE COMMON PLEAS COURT OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 04-2273 Civil Term JENNIFER J. DOSE Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's Response to Interrogatories and Production of Documents was furnished by U.S. Mail, first class, postage prepaid on this 4th day of August 2004 to: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola &Alford 315 North Front Street PO Box 741 Harrisburg,PA 17108-0741 Attorney for Defendant BRATIC & F'ORTKO Dated: r I L(/C Y (t)~~ Steph K. Portko, Esquire ID # 34538 101 South U.S. Route 15 Dillsburg, P A 17019 (717) 432-9706 Attorney for Plaintiff N ,,;:? C:~ ~;;. (;-) \ .-- - ~ -., :C1j rnf:':: -'C1~ -r)u~ -':) ., '.,,--:\ -l~i 1_-" :(A.~ -0 __00' -;~. r:? en (~) ~~. J DEBORAH L. GRAHAM Plaintiff : IN THE COMMON PLEAS COURT OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-2273 Civil Term JENNIFER J. DOSE Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Interrogatories Propounded to Defendant and Request for Production of Documents was furnished by U.S. Mail, first class, postage prepaid on this iff;tLday ofAur2004 to: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola &Alford 315 North Front Street PO Box 741 Harrisburg, PA 17108-0741 Attorney for Defendant BRATIC ~~ PORTKO DMOO ~roY '~~I~ Stephen K. Portko, Esquire ill # 34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney DJr Plaintiff r-.:> <-"> = ...- "'~ c: G' 1 -1'- ~ :y-. "'"'F:": 11 13c,~ ',:),2) - ~1ri "L'~ll (;~~Q, i:5ff --~1 ~~ -0 -"" -"~' N .. {Jl I" Plaintiff IN THE COURT OF COMMON PLEAS OF CUNIBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM, v. JENNIFER J. DOSE, NO, 04-'2273 CIVIL 1& Defendant 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: Brigid Q. Alford, Esquire , counsel for the ptlliHlilfIdefendant in the above action (or actions), respectfully represents that: L The above-captioned action (or actions) is (are) at issue, 2. The claim of the plaintiff in the action is $ 913 . 50 The counterclaim of the defendant in the action is N / A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Stephen K. Portko, Esquire counsel for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, :;~ectfull~:' 2.()~ Bri id 0. Alfur~&~~~<J~*re Supreme Court ID #38590 ORDER OF COURT 315 North Front Street Harrisburg~ PA 17101 (717) 236-::1377 , 19__, in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., ,Esq., are appointed arbitrators in the above captioned action (or By the Court, PJ. \ ~ ~ ~ ~ r....,) ~ C-,:-;I <.,...., .... 'lJ C.71 V\. "" --1 ~, " ,~ \. i-;~ , ~ ~ _...~ ~ \'~-:J ~ ~ -.,. r~,) - ".-- t;:) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlI..AND COUNTY, PENNSYLVANlA DEBORAH L. GRAHAM, v. JENNIFER J. DOSE, NO. 04-'2273 CIVIL 1& Defendant RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARIl,ITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Br ig id Q. Alford, Esquire , counsel for the ptlliHlifi1defendant in the above action (or actions), respectfully represents thaI: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 913 . 50 The counterclaim of the defendant in the action is N / A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Stephen K. Portko, Esquire counsel for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three: (3) arbitrators to whom the case shall be submitted, Respectfully sub~tted,. !1 By: ~~2. ~ Bri id 0. Alfurd Esquire Supreme Court ID #38590 ORDER OF COURT 315 ~orth Front Street Harr~sburg~ PA 17101 . ' _ (717) 236-::1377 AND NOW, ~ d' 9 _ ,t9~OJ, in consideration of the fOregOingpetition,~; ~) . . Esq., )J441A/L ~{~/ I;. _ 7 Esq., and ,'',:L ,~ , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. B'~c1J1l~ PJ. \ ~ ~ ~ ~ ,-, ~ C':_-~ '.:'d' <.:::..n -. V '" \..J\. ~, -.":, " '4... ~ "\ ~ '1.,..0 ~ "'" -- " t;:.~) .'~' ,.-.., \ ',j "'[' .~, G:l ,;J' ()7 \".'r l'''\l Ot,. \':. .,;,iJv },H,{..C;\0HiO',:>j 3ril j,J ::::Y~:HO--o31}j -- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM, v. JENNIFER J. DOSE, NO. 04-'2273 CIVIL 1& Defendant 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: Brigid Q. Alford, Esquire ,counsel forthe ptlliHlilfIdefendant in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 913 . 50 The counterclaim of the defendant in the action is N / A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Stephen K. Portko. Esquire counsel for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully sub~tted, {) By: ~~6' ~ Bri id 0. Al ord Esquire Supreme Court ID #38590 ORDER OF COURT 315 ~orth Front Street Harr~sburg~ PA 17101 _ (717) 236-::1377 AND NOW, a #1. ' c2 9 - ,.w.,a,o .\, in consid, eration of the ...,,1l ~ ". " I "{ foregoingpetition,-j"~' ~J Esq., );Z14/A/c:.. ~~_ Esq., and /d~ ,~ ,Esq" are appointed arbitrators in the above captioned action (or actions) as prayed for. L ~.to, &1? 9 "1:J/ '7. -...S~k, Y~U"i '?- e1't -3/to /~ tlJA ArA By t V V 'f, , PJ. \ ~ ~ '\, ~ ~ ,-, C? ,....) -. 'lJ G' \..J\. ~. '" f.~<_ ,":, ~ '4... ~ ~ \.;-:) ~ "'" i"~.) --. .". c;,) 'ZS :Qi', ()"ll".:f (WOl tl0 ':, \.'. .:;;;.; ....;'__J tS cr- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. GRAHAM, Plaintiff, v. : NO. 04-2273 Civil Term JENNIFER J. DOSE, Defendant : CIVIL ACTION - LAW PRAECIPE TO MARK ACTION SETTLED. DISCONTINUED AND ENDED TO THE PROTHONOTARY Kindly mark Plaintiff's suit against Defendant and Defendant's counterclaim against Plaintiff "settled, discontinued and ended with prejudice." Dated: 0 ~2,/1 Y-/ a:; . \, ') I \'\ 1/ ) U~'-- L~_-{~O Stephen K. Portko, Esquire BRATIC & PORTKO 101 South U.S. Route 15 DilIsburg, PA 17019 Attorneys for Plaintiff '/ Dated: Sf''-/lh ~rL :<-~ Brigld Q~Alford, Esq e Boswell Tintner Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant " DEBORAH L. GRAHAM Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No, 04-2273 Civil Term JENNIFER J. DOSE Defendant : CIVIL ACTION ORDER NOW, April~, 2005, the court having previously appoin d a Board of Arbitrators, and the parties having reached a settlement agreement efore the matter was heard, it is hereby ORDERED as follows: 1. The Prothonotary shall enter on the record that this m ter has been settled, discontinued and ended. 2. Frederick 1. Huganir, Esquire, Chairman, shall be paid he sum of $ (7), (Jt) By the Court, Stephen K. Portko, Esquire 101 S. US Route 15 Dillsburg, PA 17019 Brigid Q. Alford, Esquire PO Box 741 Harrisburg, PA 17106-0741 I Frederick 1. Huganir, Esquire\ PO Box 308 Carlisle, PA 17013-0308 (d~ ~'hcC Lf~ (I oS ]}is' / / AU!(\.' 1(' ,_ C. :r]! l',;\} 1'"'- i:) t~~ \I Pi ~iG[1Z DEBORAH 1. GRAHAM Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-2273 Civil Term JENNIFER J. DOSE Defendant : CIVIL ACTION ORDER NOW, April if ,2005, the court having previously appointed a Board of Arbitrators, and the parties having reached a settlement agreement before the matter was heard, it is hereby ORDERED as follows: 1. The Prothonotary shall enter on the record that this matter has been settled, discontinued and ended. 2. Frederick 1. Huganir, Esquire, Chairman, shall be paid the sum of $ j~j, ()t) By the Court, Stephen K. Portko, Esquire 101 S. US Route 15 Dillsburg, PA 17019 cPr<l ~~~ Lf-cJ- oS ]}I~:f Brigid Q, Alford, Esquire PO Box 741 Harrisburg, PA 17106-0741 Frederick I. Huganir, Esquir~\ PO Box 308 ) Carlisle, PA 17013-0308 ) / / or J 'in~) 'nr'", . It""",: !\JJ. :\0 \,1-, tr \1\\-1 I r' .-1'\ ','.:.,'\'I .,"t. "v\ ' 0'\7 1- lHII SUUo