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HomeMy WebLinkAbout10-0999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) -?-?o NC A?? ,? f2 C VS. Defendant(s) & Address(es) P (3 04:?x /,/,2-a3 Case No. 10- qqq Civil Term Civil Action C 61 rr C Cry; PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case r.a „. ca +...r r" MM co d t+? Writ of Summons shall be issued and forwarded to A or /Sh ri e 1 ulmic Date : Si ature o ey C Print Name: r C V V Address: W l,•.c1 i-o fl f'' D I-- 1411 Telephone #( 7r 7)? T8 ?Z Supreme Court ID Number: • • • • • WRIT OF SUMMONS TO: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: by Deputy * Qa.00 PO PLFF- eAS9 P-T# a 3'7-su IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vincent C McCue 460 St Johns Drive Camp Hill, PA 17011 Plaintiff vs. ENCOMPASS INSURANCE Diane & Gregory Sterner PO Bog 16203 Reading, PA 1%12 CIV NO. 10 - Q Q9 ; ; j -?-,?•,,,, WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAME PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU r Date Name of Prothono Clerk By: eputy FILED-OFFICE C417 THE PROTHONOTARY 2010 NOV 18 PM 2: '35) CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, NO. 2010-999 CIVIL ACTION Plaintiff V. CIVIL ACTION - LAW ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants JURY TRIAL DEMANDED PETITION FOR JUDGMENT OF NON PROS COME NOW, Defendants, Encompass Insurance, Diane Sterner, and Gregory Sterner, by and through their counsel, Michael B. Scheib, Esquire, and Erick V. Violago, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Petition for Judgment of Non Pros for failure to prosecute, and in support thereof avers as follows: 1. Defendants file this Petition pursuant to Pa.R.C.P. 206.1. 2. On February 8, 2010, the Plaintiff initiated this action by filing the Praecipe for Writ of Summons. A Writ of Summons was issued the same day. (A true and correct copy of said Praecipe and Writ is attached hereto Exhibit "A".) 3. Under Pa.R.C.P. 400 and 401, a Writ of Summons must be served by the sheriff within thirty (30) days of the issuance of the Writ. 4. As such, the Plaintiff should have served the Writ of Summons by March 10, 2010. 5. In February 2010, the Plaintiff mailed the Writ to Encompass Insurance via certified mail. 6. By letter dated February 26, 2010, Defense counsel notified the Plaintiff that this did not constitute proper service under the Rules of Civil Procedure. (A true and correct copy of said letter is attached hereto Exhibit "B".) 7. By letter dated April 5, 2010, Defense counsel notified the Plaintiff that he must serve the Writ in accordance with the Rules of Civil Procedure. (A true and correct copy of said letter is attached hereto Exhibit "C".) 8. To date, the Plaintiff has failed to properly serve the Writ of Summons on any of the Defendants in accordance with the Rules of Civil Procedure. 9. As such, the Plaintiff has demonstrated an intent to abandon this action. 10. Given that the Plaintiff has failed to take any steps to continue this action, there is no need for the stress and anxiety caused by a pending lawsuit on each of the Defendants. 11. As such, Defendants respectfully request this Honorable Court issue a Rule to Show Cause upon Plaintiff why the Defendants are not entitled to a judgment of non pros. 12. No judge has previously ruled on any issue in this case. WHEREFORE, Defendants, Encompass Insurance, Diane Sterner, and Gregory Sterner, respectfully request this Honorable Court issue a Rule to Show Cause on the Plaintiff why a judgment of non pros should not be granted. Date: vv - ILIP , 2010 GRIFFITH, STRICKLER, LERMAN, SOLYMOS LKINS By: MIC . SCHEIB, ESQUIRE PA 63868 ERICK V. VIOLAGO, ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheiba,gslsc.com Attorneys for Defendants DEPOMAWS ExHaff v :A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION p Pbi'nd (s) & Addmss(,es) ,/ T-cf o c ?a NC 1 Z'11°'? 11 VS. Defendent(s) & Address(es) t?r9t?? ?-Gl?cy s?'?? .. 124 ?J &IC Case No. 10- Qqq Civil Term Civic Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case G Q ?n mfT ii coo G :. =1 Writ of Summons shall be issued and forwarded to Date : Sip o ey ?+ /? ` l? Print Name: Address: w AaGro /L /'r P J 7 L Telephone # 2 s? S- Supreme Court ID Number: 0 • • • • WRIT OF SUMMONS TO: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: Prothonotary/Clerk, Civil Division by Deputy 4 0-00 PA Por WASH zr#-a a?.??a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vincent C McCue 460 St Jolters Drive Camp Hill, PA 17011 Plaintiff VS. ENCOMPASS INSURANCE Diane & Gregory Sterner PO Box 16203 Retdia& PA 1%12 CIV NO. fo - 449 0""i 1 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAME PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU 1 ?) A j ?-- 4? 1 id- -91(s Name of Clerk By: OWENDAMM EXHW LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERTA. LERMAN* PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB' THOMAS B. SPONAUGLE.+ +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX (717) 757-3783 EMAIL: infgltslsc.com WESSITE: www.aalsc.com ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR It °A so Member MD Bar "LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars February 26, 2010 Mr. Vincent McCue 460 North St. John Drive Camp Hill, PA 17011 Michael B. Scheib's E-MAIL: Msc1eib0oslsc.com Re: Vincent McCue v. Encompass Insurance Company and Diane & Gregory Sterner Cumberland County C.C.P. No. 2010-999 Civil Term Dear Mr. McCue: OF COUNSEL MICHAEL P. BIANCHINI I have been retained by Encompass Insurance Company in connection with the above-referenced action. I am in receipt of the Writ which you mailed via Certified Mail to Encompass in February 2010. Please be advised that this does not comply with service pursuant to the Pennsylvania Rules of Civil Procedure. In light of your failure to comply with the Pennsylvania Rules of Civil Procedure, I am not obligated to respond to it. If you have any questions, please do not hesitate to contact me. Very truly yours, _i [ U MICHAEL SCHEIB cs/encom s.mccue-ltr. bcc: obert G. Unterburger, CPCU, Encompass Claim No. Z0094839 EC DIEF 1 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH 0928-2009) ROBERT M. STRICKLER ROBERT A LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ^ MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE°+ +Board CarWad CNN Trial Attorney By the National Board of Trial Advocacy 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7802 FAX (717) 757-3783 EMAIL: (neAaslsc.com WEBSITE: www.oslac.com Michael B. Scheib's E-MAIL: MscthjkQgslsc.com ANN MARGARET GRAB DWO E. COOK F. DEAN MORGAN GREGORY W. BAIR 11 *Also Member MD Bar 'LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars April 5, 2010 Mr. Vincent McCue 460 North St. John Drive Camp Hill, PA 17011 Re: Vincent McCue v. Encompass Insurance Company and Diane & Gregory Sterner Cumberland County C.C.P. No. 2010-999 Civil Term Dear Mr. McCue: This is a follow up to my letter to you dated February 26, 2010. OF COUNSEL MICHAEL P. SIANCHINI As I stated to you, I have a copy of the Writ of Summons. The Writ, however, has not been properly served pursuant to the Pennsylvania Rules of Civil Procedure. In order for anyone to respond to the Writ, you must comply with the Pennsylvania Rules of Civil Procedure. If you fail to comply with the Pennsylvania Rules of Civil Procedure, then I will advise the Court of this fact and request that the Court act accordingly. If you have any questions, do not hesitate to contact my office. Very truly yours, ?BSCHEIB oL cs/encompas . ccue-Itr. bcc: obert G. Unterburger, CPCU, Encompass Claim No. Z0094839 EC IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, Plaintiff V. ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants NO. 2010-999 CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this. ?day of November, 2010, I, Erick V. Violago, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Petition for Judgment of Non Pros, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Mr. Vincent McCue 460 North St. John Drive Camp Hill, PA 17011 (Pro Se Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE PA 63868 ERICK V. VIOLAGO, ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(ajslsc.com Attorney for Defendants NOV 19 2010 IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, Plaintiff V. ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants j AND NOW, thisl ? day of NO. 2010-999 CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED ,, ` RUL N , 2010, upon consideration of the foregoing Petition, it is hereby ORDERED that (1) A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) The Respondent shall file an answer to the Petition within/'/ days of this date; (3) The Petition shall be decided under Pa.R.C.P. No. 206.7; (4) Notice of the entry of this Order shall be provided to all parties by the Petitioner. THE COU T: J. 3 Distribution List: Mr. Vincent McCue, Plaintiff, Pro Se 460 North St. John Drive Camp Hill, PA 17011 f Michael B. Scheib, Esquire ? Erick V. Violago, Esquire x°- 110 S. Northern Way ?? N =? York, PA 17402 Attorneys for Defendants !0 l Cop, es n14. 'lei 1lla 2/ w Fi.n ? E OFF1^F, HAN" & IIWIN, 111, ESQUIRE ATTORNEY ID NO. 29M 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR PLAINTIFF LCI1.1 114 PM 2: Cs? E1`4NSYLV^:E`E1 VINCENT McCUE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. • : NO. 2010 - 0999 CIVIL ACTION ENCOMPASS INSURANCE and : CIVIL ACTION - LAW DIANE and GREGORY STERNER, : Defendants : JURY TRIAL DEMANDED ANSWER TO PETITION FOR JUDGMENT OF NON PROS NOW comes Harold S. Irwin, III, Esquire, attorney for plaintiff, and responds to the defendants' petition for a judgment of non pros, representing as follows: 1. The averments of paragraph one of the defendants' petition are admitted. 2. The averments of paragraph two of the defendants' petition are admitted. 3. The averments of paragraph three of the defendants' petition require no response from the plaintiff as the rules of civil procedure speak for themselves. 4. The averments of paragraph four of the defendants' petition are conclusions of law to which no response is required. 5. The averments of paragraph five of the defendants' petition are admitted. 6. The averments of paragraph six of the defendant' petition are admitted. 7. The averments of paragraph seven of the defendants' petition are admitted. 8. The averments of paragraph eight of defendants' petition are conclusions of law to which no response is required. By way of further response, however, plaintiff avers that it is obvious that defendants have been served and do have full notice of the start of litigation in this matter by the issuance and defendants' admitted receipt of the writ of summons. 9. The averments of paragraph nine of defendants' petition are specifically denied for the reasons stated in plaintiffs new matter below. 10. The averments of paragraph ten are specifically denied for the reasons stated in plaintiffs new matter below. 11. Plaintiff specifically requests that this Honorable Court deny defendants' request for a judgment of non pros and permit plaintiff to proceed with this action at this time. 12. Judge Edward Guido has now ruled in this case in that he issued the rule to which plaintiff is now responding. WHEREFORE, the plaintiff requests that the defendants' request for a judgment of non pros be denied. NEW MATTER 13. The responses of defendant to the defendants' petition, paragraphs one through twelve, inclusive, are incorporated herein by reference as if fully set forth herein at length. 14. At the time of the filing of the praecipe for a writ of summons, plaintiff had been unable to obtain counsel to represent him in this matter and was acting pro se. 15. At the time of the filing of the praecipe for a writ of summons, plaintiff was unaware of any rule of civil procedure that required him to have the writ served by the sheriff. 16. Plaintiff believes and therefor avers that the purpose of the rule is to ensure that the opposing party receive actual notice of the lawsuit. 17. It is obvious that the defendants did receive actual notice of the lawsuit and, in fact, have admitted receiving service thereof by the averments of their petition. 18. Plaintiff believes and therefor avers that the rules of civil procedure should be liberally construed, especially when dealing with a pro se litigant and where there is no prejudice to the opposing party. 19. Defendants have demonstrated no prejudice by the circumstances outlined in defendants' petition. 20. Plaintiff believes that he has a legitimate claim against the defendants due to injuries he sustained in an automobile accident caused by the Sterner defendants and will be severely prejudiced in pursuing his claim if the Court grants the request for a judgment of non pros based upon plaintiff serving the defendants by certified mail rather than by the sheriff. WHEREFORE, the plaintiff requests that the defendants' request for a judgment of non pros be denied. January 14, 2011 HAROLD S. IRWIN, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The facts stated in this answer and new matter are true and correct to the best of my knowledge, information and belief. I understand at false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, r lating to unsworn falsification to authorities. January 14, 2011 VINCENT MCCUE, Plaintiff r Fi=_E0'Ui i"E R 0 i H#01 0 A R y CL"9 ERLAND C 0 U N i' ?ININSYl.V<%'? I!A IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, NO. 2010-999 CIVIL ACTION Plaintiff V. CIVIL ACTION - LAW ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION TO MAKE RULE ABSOLUTE AND NOW, come Defendants, Encompass Insurance, Diane Sterner, and Gregory Sterner, by and through their counsel, Michael B. Scheib, Esquire, and Erick V. Violago, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and file the following Motion to Make Rule Absolute, and in support thereof avers as follows: 1. On February 8, 2010, Plaintiff filed a Praecipe for a Writ of Summons, which was issued the same day initiating this action. 2. On November 16, 2010, Defendants served Plaintiff with a Petition for a Judgment of Non Pros for failure to prosecute due to failure to properly serve the Writ of Summons, and mailed the Petition to the Prothonotary to be filed. (A true and correct copy of Defendant's Petition for Judgment of Non Pros is incorporated by reference and attached hereto as Exhibit "A"). 3. On November 18, 2010, said Petition for Judgment of Non Pros was filed with the court. 4. On November 22, 2010, the Honorable Edward E. Guido issued a Rule to Show Cause directing the Plaintiff to show cause within 20 days of the date of the Order why a judgment of non pros should not be granted. (A true and correct copy of said Rule to Show Cause is attached hereto as Exhibit "B"). 5. On December 21, 2010, Plaintiff was served with the Rule to Show Cause via hand delivery to an adult individual in charge of the Plaintiff s residence indicated on the Writ of Summons. (A true and correct copy of the Return of Service is attached hereto as Exhibit "C"). 6. As such, Plaintiff should have answered the Rule to Show Cause within twenty (20) days of service, which is on or before January 10, 2011. 7. Plaintiff filed an untimely Answer to the Rule to Show Cause on January 14, 2011. 8. To date, Plaintiff has failed to perfect service of the Writ of Summons. 9. Defendants now move to make the Rule to Show Cause absolute due to Plaintiffs untimely response and continued failure to serve the Writ 10. Defense counsel certifies that he sought Plaintiffs concurrence to this Motion. Plaintiff does not concur. WHEREFORE, Defendants, Encompass Insurance, Diane Sterner, and Gregory Sterner, respectfully request this Honorable Court grant the within Motion and enter an Order granting Defendants a judgment of non pros. Date: 2011 GRIFFITH, SOLYMOS By: MICHAEL )9. SC IB, ESQUIRE PA 63868j,' ERICK OLAGO, ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib@jzslsc.com Attorneys for Defendants EXHIBIT "A" F IL ED-^iMC IE Tt..£=_ r+r•••Tt9 ^; e,s?tiTA n.J N"O'T' 18 P 2: Ik' r s.J e,. r: NO IC ll J i. t o 6' E NNkS `:' IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, NO. 2010-999 CIVIL ACTION Plaintiff V. CIVIL ACTION - LAW ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants JURY TRIAL DEMANDED PETITION FOR JUDGMENT OF NON PROS COME NOW, Defendants, Encompass Insurance, Diane Sterner, and Gregory Sterner, by and through their counsel, Michael B. Scheib, Esquire, and Erick V. Violago, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Petition for Judgment of Non Pros for failure to prosecute, and in support thereof avers as follows: 1. Defendants file this Petition pursuant to Pa.R.C.P. 206.1. 2. On February 8, 2010, the Plaintiff initiated this action by filing the Praecipe for Writ of Summons. A Writ of Summons was issued the same day. (A true and correct copy of said Praecipe and Writ is attached hereto Exhibit "A".) 3. Under Pa.R.C.P. 400 and 401, a Writ of Summons must be served by the sheriff within thirty (30) days of the issuance of the Writ. 4. As such, the Plaintiff should have served the Writ of Summons by March 10, 2010. 5. In February 2010, the Plaintiff mailed the Writ to Encompass Insurance via certified mail. 6. By letter dated February 26, 2010, Defense counsel notified the Plaintiff that this did not constitute proper service under the Rules of Civil Procedure. (A true and correct copy of said letter is attached hereto Exhibit "B".) 7. By letter dated April 5, 2010, Defense counsel notified the Plaintiff that he must serve the Writ in accordance with the Rules of Civil Procedure. (A true and correct copy of said letter is attached hereto Exhibit "C".) 8. To date, the Plaintiff has failed to properly serve the Writ of Summons on any of the Defendants in accordance with the Rules of Civil Procedure. 9. As such, the Plaintiff has demonstrated an intent to abandon this action. 10. Given that the Plaintiff has failed to take any steps to continue this action, there is no need for the stress and anxiety caused by a pending lawsuit on each of the Defendants. 11. As such, Defendants respectfully request this Honorable Court issue a Rule to Show Cause upon Plaintiff why the Defendants are not entitled to a judgment of non pros. 12. No judge has previously ruled on any issue in this case. WHEREFORE, Defendants, Encompass Insurance, Diane Sterner, and Gregory Sterner, respectfully request this Honorable Court issue a Rule to Show Cause on the Plaintiff why a judgment of non pros should not be granted. Date: 2010 GRIFFITH, STRICKLER, LERMAN, SOLYMOS KINS By: MICHA B. SCHEIB, ESQUIRE PA 63868 ERICK V. VIOLAGO, ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib@gslsc.com Attorneys for Defendants DEFENDANTS EXHIBIT F V .J J Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 4 Plaintiff(s) & Address(es) ?(i Q c GGC #-,6a /V L- T)'`0,/1 /1/? t? I'L VS. Defendant(s) & Address(es) L ?Co r??9? S / /role Case No. it) - gqq Civil Term Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: c 'S M f _r in ?c o_ v 4 -T'1 rn MM I co O 3 - ?e5 W Issue summons in the above case Writ of Summons shall be issued and forwarded to A or i e •I ice Date ; _2/e 6a. e_1'V I Si ature o Print Name rC myc G (J?/ Address: W/- .CTGr/ ? /1 J Telephone #? • r)? 7 ?/? Supreme Court ID Number: • • • • • WRIT OF SUMMONS TO: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: by Deputy * V-00 Pp PGFP- CAU P-T* a 37s7a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vincent C McCue 460 St Johns Drive Camp Hill, PA 17011 Plaintiff CIV NO. 10 - Q q t i! rA VS. ENCOMPASS INSURANCE Diane & Gregory Sterner PO Boa 16203 Reading, PA 19612 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAME PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU !44- 09 R DI q Name of Prothono Clerk By: eputy DEFENDANT'S W EXHIBIT J a -? J J a LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERTA LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB' THOMAS B. SPONAUGLE'+ +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX (717) 757-3783 EMAIL: info0asisc.com WEBSITE: www.oslsc.com Michael B. Scheib's E-MAIL: Mscheibpaslsc.com ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR II OF COUNSEL MICHAEL P. BIANCHINI 'Also Member MD Bar .LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars February 26, 2010 Mr. Vincent McCue 460 North St. John Drive Camp Hill, PA 17011 Re: Vincent McCue v. Encompass Insurance Company and Diane & Gregory Sterner Cumberland County C.C.P. No. 2010-999 Civil Term Dear Mr. McCue: I have been retained by Encompass Insurance Company in connection with the above-referenced action. I am in receipt of the Writ which you mailed via Certified Mail to Encompass in February 2010. Please be advised that this does not comply with service pursuant to the Pennsylvania Rules of Civil Procedure. In light of your failure to comply with the Pennsylvania Rules of Civil Procedure, I am not obligated to respond to it. If you have any questions, please do not hesitate to contact me. Very truly yours, (' _i1 U MICHAEL B. SCHEIB cs/encomgamccue-]tr. bcc: /Robert G. Unterburger, CPCU, Encompass Claim No. Z0094839 EC DEFENDANT'S J EXHIBIT co J Q LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERT A LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB' THOMAS B. SPONAUGLE°+ +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: inforrDaslsc.com WEBSITE: www.oslsc.com Michael B. Scheib's E-MAIL: MscheibOaslsc.oom ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR II OF COUNSEL MICHAEL P. BIANCHINI *Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D. C. Bars April 5, 2010 Mr. Vincent McCue 460 North St. John Drive Camp Hill, PA 17011 Re: Vincent McCue v. Encompass Insurance Company and Diane & Gregory Sterner Cumberland County C.C.P. No. 2010-999 Civil Term Dear Mr. McCue: This is a follow up to my letter to you dated February 26, 2010. As I stated to you, I have a copy of the Writ of Summons. The Writ, however, has not been properly served pursuant to the Pennsylvania Rules of Civil Procedure. In order for anyone to respond to the Writ, you must comply with the Pennsylvania Rules of Civil Procedure. If you fail to comply with the Pennsylvania Rules of Civil Procedure, then I will advise the Court of this fact and request that the Court act accordingly. If you have any questions, do not hesitate to contact my office. Very truly yours, D? (7Qp MTCHAEL B. SCHEIB cs/encompas .mccue-itr. bcc: obert G. Unterburger, CPCU, Encompass Claim. No. Z0094839 EC IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, Plaintiff NO. 2010-999 CIVIL ACTION V. ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED C?E/?RTIIFICATE OF SERVICE A r AND NOW, this. day of November, 2010, I, Erick V. Violago, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Petition for Judgment of Non Pros, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Mr. Vincent McCue 460 North St. John Drive Camp Hill, PA 17011 (Pro Se Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE PA 63868 ERICK V. VIOLAGO, ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib cr gslsc com Attorney for Defendants EXHIBIT "B" "s NOV 19 2010 IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, Plaintiff V. ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants NO. 2010-999 CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED RUL R AND NOW, this day of , 2010, upon consideration of the foregoing Petition, it is hereby ORDERED that (1) A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) The Respondent shall file an answer to the Petition withinAldays of this date; (3) The Petition shall be decided under Pa.R.C.P. No. 206.7; (4) Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: x p J. Distribution List: Mr. Vincent McCue, Plaintiff, Pro Se 460 North St. John Drive Camp Hill, PA 17011 Michael B. Scheib, Esquire Erick V. Violago, Esquire 110 S. Northern Way York, PA 17402 Attorneys for Defendants EXHIBIT "C" IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, NO. 2010-999 CIVIL ACTION Plaintiff V. CIVIL ACTION - LAW ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants JURY TRIAL DEMANDED RETURN OF SERVICE On the / day of December, 2010, It Jeanne k) orriso rr , served '6°b ?4n Ccrkrnionc-p V,iteen f h1 c C' u E at '160 Akr7'4 Sf•.T An-s ?? ?arnn N"11, A,with the Rule to Show Cause regarding the above matter, on 2010. CL f io' ys' A rr7 I verify that the statements in this return of service are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Date: December 2010 /"n (Signature) IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT McCUE, Plaintiff V. ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants NO. 2010-999 CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ?0 may of , 2011, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, olymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Motion to Make Rule Absolute, by United States First-Class Mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 GRIFFITH, STRI SOLYMOS..E By: MICHAEL PiETB, ESQUIRE PA 63868 ERICK V. VIOLAGO, ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(a zslsc.com Attorneys for Defendants 2 C HAROLD S. IRWIN, 111, ESQUIRE ` ?M il-n ATTORNEY ID NO. 29920 ? 64 SOUTH PITT STREET > ?.. j CARLISLE PA 17013 ? ? ? (717) 243-6090 'A y -0 '?1 ATTORNEY FOR PLAINTIFF -iM VINCENT McCUE, : IN THE COURT OF COMMON PLEA"f ""y Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ENCOMPASS INSURANCE and DIANE and GREGORY STERNER, Defendants : NO. 2610 - 0999 CIVIL ACTION : CIVIL ACTION - LAW : JURY TRIAL DEMANDED . . ANSWER TO DEFENDANTS' MOTION TO MAKE RULE ABSOLUTE NOW comes Harold S. Irwin, III, Esquire, attorney for plaintiff, and responds to the defendants' motion to make rule absolute, representing as follows: 1. - The averments of paragraph one of the defendants' motion are admitted. 2. The averments of paragraph two of the defendants' motion are neither admitted nor denied by the plaintiff as he is unsure about when or if he received the defendants' petition and defendant has provided no proof of service for plaintiffs review. 3. The averments of paragraph three of the defendants' motion are admitted. 4. The averments of paragraph four of the defendants' petition are admitted. 5. The averments of paragraph five of the defendants' petition are admitted in part and denied in part. It is admitted that defendants' Exhibit "C" purports to be a copy of a return of service indicating that a "companion" of the plaintiff was served by defendants' agent, Jeanne M. Morrison. It is denied that plaintiff was served on that day. To the contrary, defendant was not aware of the Rule to Show cause and its contents until sometime in January, 2011, when his attorney found the judicial order after a search of the Prothonotary's online file in this case. 6. The averments of paragraph six of the defendants' petition are conclusions of law to which no response is required. 7. The averments of paragraph seven of the defendants' petition are admitted in part and denied in part. It is admitted that an Answer to the Rule to Show Cause was filed on January 14, 2011. It is denied that the answer was untimely filed for the reasons above and in the answer itself, the averments of which are incorporated herein by reference. 8. The averments of paragraph eight of defendants' petition arle conclusions of law to which no response is required. By way of further response, however, plaintiff avers that it is obvious that defendants have been served, have full notice of the start of litigation in this matter by the issuance and defendants' admitted receipt of the writ of summons, and by a variety of other means. By way of further response, plaintiff's counsel has made several attempts to contact defendants' counsel since the filing of plaintiff's response to the rule to show cause and in an effort to proceed with this matter, however all communication attempts have been ignored. 9. The averments of paragraph nine'of defendants' petition are conclusions of law to which no response is required or otherwise require no response. 10. The averments of paragraph ten are admitted. WHEREFORE, the plaintiff requests that the defendants' motion to make the rule absolute be denied. "Ioy 3_, 2011 HAROLD S. IRWIN, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The facts stated in this answer and new matter are true and correct to the best of my knowledge, information and belief. Counsel for plaintiff is executing this response for Aefendant due to the time constraints involved and to some extent due to counsel's personal knowledge of the situation. I understand that false statements made herein are subject to the penalties of+18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. May 3, 2011 HAROLD S. IRWIN, III, 0 VINCENT MCCUE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. c? p1 ENCOMPASS INSURANCE and NO. 2010 - 0999 CIVIL TERM n DIANE STERNER and s -'4 -a m GREGORY STERNER, (Pr w `D I Defendants c CIVIL ACTION - LAW . T ORDER OF COURT AND NOW, this 13TH day of MAY, 2011, it appearing that Plaintiff did in fact file an answer to the Rule to Show Cause, the Motion to Make Rule Absolute is DENIED. We will schedule a hearing and/or argument on the matter at the request of either party. By ourt, Edward E. Guido, J. ? Harold S. Irwin, III, Esquire Michael B. Scheib, Esquire :sld C R PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) if N? ) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next 2011 Argument Court.) ------------- --------------------- ---------- ------------- ----- --------------------- ----------------------- ?" CAPTION OF CASE U(entire caption must be stated in full) Vincent McCue vs. Encompass Insurance and a Diane & Gregory Sterner = No. 2010-999 CIVIL rn.? M mot== n 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer tee= --' 7 es complaint, etc.): Defendants' Motion to -Make Rule Absolute Z 2. Identify all counsel who will argue cases: Q r+n (a) for plaintiffs: Harold S. Irwin, III, Esquire (Name and Address) 64 S. Pitt Street, Carlisle, PA 17013 (b) for defendants: Erick V. Violago, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins (Name and Address) 110 South Northern Way, York, PA 17402 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February24, 2012 Signature Erick V. Viol o, Esquire Print your name Attorney for Defendants 12/20/11 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument Is continued new briefs must 0e filed with the COURT ADMINISTRATOR (not the Prothonotary)' after the case is relisted. f1 VINCENT McCUE, : IN THE COURT OF COMMON PLE40F Plaintiff : CUMBERLAND COUNTY, PENNSYNR - V. ? t, ? ' r : NO. 2010 - 0999 CIVIL ACTION f ' + ENCOMPASS INSURANCE and :CIVIL ACTION -LAW c - DIANE and GREGORY STERNER, .a. ?. ? . -- . Defendants : JURY TRIAL DEMANDED : PETITION FOR RULE TO SHOW CAUSE NOW comes Harold S. Irwin, III, Esquire, attorney for plaintiff, and presents this petition for a rule to show cause, representing as follows: Petitioner is HAROLD S. IRWIN, III, attorney of record for plaintiff, with offices at 64 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are the plaintiff, VINCENT McCUE, an adult individual, whose current attorneys are McCANN, SCHIABLE & WALL LLC, with offices located at 2 Penn Center Plaza, Suite 1110, 1500 JFK Boulevard, Philadelphia, Pennsylvania 19102, and defendants, ENCOMPASS INSURANCE COMPANY, a corporation, GREGORY STERNER and DIANE STERNER, his wife, adult individuals, whose attorney of record is ERICK V. VIOLAGO, Esquire, of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, with offices located at 110 South Northern Way, York, Pennsylvania 17402-3737.. 3. Petitioner represented the plaintiff in this matter for approximately one year. 4. In the Fall of 2011, irreconcilable differences arose between petitioner and the plaintiff as to the appropriate way to proceed with this case. As a result, the plaintiff requested that petitioner forward his entire file to McCann, Schaible & Wall, at the Philadelphia address referred to above. 5. On or about October 21, 2011, petitioner complied with this request by shipping the entire file of medical records, pleadings, and correspondence to McCann, Schaible & Wall, together with a praecipe to withdraw signed by petitioner and an entry of petitioner for the McCann firm to sign and file. 6. To date, petitioner believes and therefor avers that the McCann firm has not entered their appearance and accordingly, defendants' counsel continues to communicate with petitioner. 7. Petitioner has had no communication whatsoever with the plaintiff since receiving and complying with plaintiff's request to transfer his file to the MCann firm and no longer has possession of the file. 8. Petitioner believes and therefor avers that there are no pending proceedings in this case until sometime in February, 2012, that plaintiff will have adequate time to consult with the law firm of his choice, McCann, Schaible & Wall, and that no party to this litigation will be prejudiced by petitioner's withdrawal, should the Court grant this request. 9. J judge Guido is the judge who has been involved in this case to date. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondents to show cause why petitioner should not be permitted to withdraw from this case as counsel for plaintiff. a December 28, 2011 r HAROLD S. IRWIN, III Petitioner 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. December 28, 2008 HAROLD S. IRWIN, Ili Petitioner 2) .M HAROLD S. IRWIN, 111, ESQUIRE SUPREME COURT ID NO. 20920 " SOUTH PITT STREET CARLISLE, PA 97013 717-243.6050 ATTORNEY FOR PLAINTIFF -OFFICE 2012 JAN -5 bM 1!: Q6 CUMBERLAND COUNTY PENNSYLVANIA VINCENT MaCUE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010 - 01108 CIVIL ACTION ENCOMPASS INSURANCE and : CIVIL ACTION - LAW DIANE and GREGORY STERNER, Dafindents : JURY TRIAL DEMANDED ORDER OF COURT NOW, this day of January, 2012, on petition of Harold S. Irwin, III, Esquire, a rule is hereby issued upon the parties, VINCENT McCUE, ENCOMPASS INSURANCE COMPANY, GREGORY STERNER, and DIANE STERNER, to show cause why petitioner should not be permitted to withdraw as counsel for plaintiff. Rule returnable C b days after the date of this order. Service to be by certified mail upon plaintiff's attorneys, McCANN, SCHAIBLE, & WALL, LLC, and defendants' attorney of record, ERICK V. VIOLAGO, ESQ. °Coh 11 Ve -?- Ia1/ M V, e k t1. ?; a lac6 , Cop; c-!? rncc .l-ed 1/,5,//.;z By the Court, ?w J. , Pl1- L McCANN, SCHAIBLE & WALL, LLC By: Mark Jaffe, Esquire I.D. 969932 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Suite 1110 Philadelphia, PA 19102 (215) 569-8488 VINCENT McCUE and F ?Cl-i;EFI L' IST? C ATTOxivE Ui TMN0 TAR 2012 FEB - 6 PM 1: 2 2 CUMBERLAND COUNTY PENNSYLVANIA, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.: 2010-999 CIVIL ACTION V. CIVIL ACTION-LAW ENCOMPASS INSURANCE JURY TRIAL DEMANDED DIANE & GREGORY STERNER Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as Counsel for Plaintiff, Vincent McCue. Thank you kindly. McCANN, SCHAIBLE & WALL, LLC BY: , ?v M J e, wire Couns r Plaintiff VINCENT McCUE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ENCOMPASS INSURANCE COMPANY : -? and GREGORY STERNER and DIANE : NO. 2010- 0999 CIVIL TERM z z ? ;z STERNER, Defendants MW MM rr, po PRAECIPE FOR WITHDRAW OF APPEARAH co --? a TO THE PROTHONOTARY: :zc:) c co c-' --j Please withdraw the appearance of HAROLD S. IRWIN, III, ESQUIRE as attorney of record for the plaintiff in this matter. Plaintiff has secured new counsel, Mark Jaffe, Esquire, of McCan n, Schaible & Wall, LLC, who entered his appearance for the p laintiff on February 6 , 2012. f February 22, 2012 %.. ?' -- HAROLD S. IRWIN, III IRWIN LAW OFFICE - 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 rE N0' P -2 PM 2: 29 IN THE COURT OF BERLAND C TY, PENNSYLVANIA CUMBERLAND CDU?? y VINCENT McCUE,E??S`f EAi?I' NO. 2010-999 CIVIL ACTION Plaintiff V. CIVIL ACTION - LAW ENCOMPASS INSURANCE and DIANE & GREGORY STERNER, Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the docket in the above-captioned matter as discontinued and ended with prejudice. McCANN, SCHAIBLE & WALL, LLC i.. Date: February, 2012 By: Mark raffe, E-94 7 Attorney I.D. N f Two Penn Ce Plaza, S ite 1110 1500 John F. ennedy Blvd. Philadelphia, PA 19102 215-569-8488 215-569-8288 (fax) Attorneys for Plaintiff