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HomeMy WebLinkAbout10-1185% COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District County Of FLCt FROM ;,r f T? ,ry' E CUMBERLAND +RY DISTRICT JUSTICE JUDGMENT It 5 COMMON PLEAS No. 1L) - 1 / A?S A'`' r, ? E " !1QTlG, ,QW,WEAL T1?1L?'?'1 Notice is given that the appellant has filed in the above Court of Comm! 6 'Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 2055 1-22-10 lCumberland Metal Fabricators CV-0000481-09 Irwin (sic) Erwin Inis Di= well De WgneO UNLY wnen Uus notaDon IS regWr90 UnGOr Ya. IT appellant Was UalrlaM (see )-a. K.U.Y.U.J. IYO. 7UU7(0) In aCUOn R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, Will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after Ning the NOTICE of APPEAL. soot- of Pro#-WWy -Dep* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Cumberland Metal Fabricators, Inc. Name of SPW"(s) (Common Pleas No. U ty L ) within two RULE: To Cumberland Metal Fabricators, Inc. Name of appeNSS(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) Th_etdate of service of this rule if service was by mail is the date of the mailing. in / Date: QaZ -, 20 oWromonoray «Depdy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 01. IT ?aAl?f AOPC312-02 i?a3 ?'836 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE appellee(s), to file a complaint in this appeal PROOF OF:SERVAM OF.NOTIC-E'OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Maq. Dist. No. 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Te!eph.n,, (717) 766 - 4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rCUMBERLAND METAL FABRICATORS INC P O BOX 31 NEWVILLE, PA 17241 L J VS. DEFENDANT: NAME and ADDRESS rI-NSITE DEVELOPMENT/DON IRWIN 2055 TECHNOLOGY PARKWAY MECHANICSBURG, PA 17055 INSITE DEVELOPNENNT/DON IRWIN L J 2055 TECHNOLOGY PARKWAY Docket No.: CV-0000481-09 M11CHANICSBURG, PA 17055 Date Filed: 12123/09 Ad& THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 1/22/10 ® Judgment was entered for: (Name) CUMBERLAND METAL FAB, RICATORS ® Judgment was entered against: (Name) INSITE DEVELOPXWr/DON IRWIN 86 in the amount of $ 5, 435. 1-1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 5,258.00 Judgment Costs $177. 8 Interest on Judgment $?00 Attorney Fees , Total $ 5,435.86 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a&-10 Date &- /?0? isterial District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 1/25/10 1n:nR-nn Am OH 17 TF TMA Y 2010 MAR -2 AM 11:23 ? ; JU COUNTY FL U??3E PEWSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA TH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served b 2010 ? by personal service by (certified) (registered) mail, p (SWORN) (AFFIRMED) AN SUBSCRIBED BEFORE ME THI o)S' DAY O nhW191&AALo 2010 Signature of off i before whom affidavit was made a copy of the Notice of Appeal, Common Pleas /Q-//g6 , upon the District Justice designated therein on (date of service) p? 20/0 ? by personal service J by (certified) (registered) mail, sen er's receipt attached hereto, and up on the appellee, (name) ^& 44wC0045 sender's recei t attached hereto. . Title of official My commission expires on 20 NORANK ow SOOT A SOLL M1111fiER Il01ary Poft IW IM Cllr. DAUPWN COWW My CommNsion bpkft Aup 14.20111 dtwe? Signature of affiant EXHIBIT'A' (Domestic Mail ( For delivery inforn Monz. -r P.etw CW Med FN • C3 C3 (F.ndoRsg Reo F•& rnMnaxnnlR.qulelplZ C3 Rs.McMd DON M Fee C3 (F.ndorwwl Required) 0 Ln Tohl PoefaW & Fe" 0 CO 'Ma POOZZ !a Gr 0 M N co o 0 o 0 0 0 0 0 r? I? r t f 'R ru M O D ? ? o DO. C3 4 K d d of M 'o o ?t e.. CO - VN ISO gig Postal CERTIFIED MAIL RECEIPT rUl (Domestic Mail On?y; No Insurance Coverage Provided) IM M 710 F. USE C. 0 M (Endo ieemmwri w? q ' dcNd M Reg C o ? 2i dN ,? ° Q ToW Poebw A F•sa $ o .? ' ?. Q1 CCt1?7/LS rC .. M arPOaarnb V 1LlUd . Ile- .?/?/f?/) .........5................_..... ? F:\FILES\C1ients\13783 Cumberland Metal Fabricators\13783.Lcomplaint Created: 12/29/03 8:24AM Revised: 3/15/10 0:35PM 13783.1 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CUMBERLAND METAL FABRICATORS, INC., Plaintiff, V. INSITE DEVELOPMENT and DON ERWIN, Defendants n f,. ?l N c-D C.1't C3 f'7 C77 ?. ii .17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-1185 CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CUMBERLAND METAL IN THE COURT OF COMMON PLEAS OF FABRICATORS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 10-1185 CIVIL ACTION - LAW 1NSITE DEVELOPMENT and DON ERWIN, ; Defendants. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Cumberland Metal Fabricators, Inc., is a Pennsylvania corporation with its place of business located at 130 Doubling Gap Road, P.O. Box 31, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Insite Development, is a Pennsylvania business entity with its place of business located at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Don Erwin, is an adult individual residing at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about May 14, 2009, both Defendants signed a Promissory Note to Plaintiff in the amount of $6,258.00. 5. Despite repeated demands for payment, Defendants have paid only $1,000.00 of the amount due. The remaining balance is $5,258.00. The Promissory Note allows for interest at 6 percent. r WHEREFORE, Plaintiff Cumberland Metal Fabricators, Inc., demands judgment against Defendants Insite Development and Don Erwin in the amount of $5,258.00, plus costs, interest, and any other relief that the court deems appropriate. MARTS L AW OFFICES sy George . all , Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 15, 2010 Attorneys for Plaintiff VERIFICATION I, Eugene S. Keeney, President of Cumberland Metal Fabricators, Inc., acknowledge I have the authority to execute this Verification on behalf of Cumberland Metal Fabricators, Inc., and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. CUMBERLAND METAL FABRICATORS, INC. ugene S. Ke ey, President F:\FILES\Cbents\13783 Cumberland Metal Fabricators\13783.Lcomplaint CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kelly M. Knight, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110-1008 MARTSON LAW OFFICES By: ( l1 ?? d -1-6 Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 15, 2010 CUMBERLAND METAL FABRICATORS, INC., Plaintiff V. INSITE DEVELOPMENT and DON ERWIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • o NO: 10-1185 c : p CIVIL ACTION - LAW JURY TRIAL DEMANDED .p Defendants Lu PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Cunningham Chernicoff, P.C. on behalf of Donald H. Erwin in the above captioned action. By Robe T. rriic Esquire PA upreme Co ID No: 23380 Ke ly M. Knigh, Esquire PA Supreme Court ID No: 87365 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July 9, 2010 PRAECIPE TO ENTER APPEARANCE Please kindly enter the appearance of Michael A. Scherer, Esquire, on behalf of Donald H. Erwin, the Defendant, in the above captioned action. By 10*1 k ichae A. Scherer, Esquire PA Supreme Court ID No: - i 19 West South Street Carlisle, PA 17013 Z O J 0 (717) 249-6873 Dated: U?')S f / ?. CERTIFICATE OF SERVICE IJennifer S. Lindsay, secretary for the law office of Baric Scherer do hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance/Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Robert E. Chernicoff, Esquire Kelly M. Knight, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 George B. Faller, Jr., Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices Ten East High Street Carlisle, PA 17013 Date: August 19, 2010 ae n nLin ay F \Home\KKN[GHT\DOCS\Erwin.Donald\Cumberland Metal Fabricators\Entry.With .wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland Metal Fabricators, Inc. Plaintiff NO.10-1185 20 .- -+ ~tz7 ~ c~ -ry ~- c.~ DON ERWIN -o n Defendant .e- ~ t-+'t RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the ,- i -~ ~ :.~ Following form: ~ ~ PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire ,counsel for the plaintiff/ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of $50,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: George B. Faller, Jr., Esquire and Michael A. Scherer, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. R tful sub d, e rge a , r.,. ORDER OF COURT AND NOW, petition, Esq., and 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. ,~a~.oo cti.,~ x314 I ~,~so n ~~~ ec •~~~~07 ~' v. "N~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland Metal Fabricators, Inc. ' 1 Q 10-1185 20 Plaintiff NO. ~~ n° ~ ~ ~~ VS. ~ ~~ ~ rv a~ ~~ DON ERWIN ` -~° ~ Defendant ~~'= ~ ' .~ c~ ~, ~ ~ 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: George B. Faller, Jr., Esquire ,counsel for the plaintiff/~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of $50,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the cases} as counsel or are otherwise disqualified to sit as arbitrators: George B. Faller, Jr., Esquire and Michael A. Scherer, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. spectful~ submi , Georg B. Faller Jr.. ORDER OF COURT AND NOW, petition, 200 , in consideration of the foregoing Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.]. r Cumberland Metal Fabricators, Inc. Plaintiff Vs. DON ERWIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.10-1185 20 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: George B. Faller, Jr., Esquire , counsel for the plaintiff/AnimaNo in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of $50,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: George B. Faller, Jr., Esquire and Michael A. Scherer, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. R tful sub d, e rge a , r•. ORDER OF COURT AND NOW, cY?t/ 7 , 204a , in consideration of the foregoing Esq., and r-?-' petition, Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) a (/Prayed for. co >- T / < 6.S mkt By the , Mz v?° n -- Li - Ca ? C-) <? ls, CDF- Kevin A. Hess, P.J Uj ?? r. ch.? a31 ?( I?lact}so n laJ Rec . ? a?a3o 7 "11 1, C ?m -1c??d Koz(: dab. - ?S ? h-G DC?VU(mt??? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1 b -_/ /se" Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Si nature ature ature 4 Irco" !` Name (Chairman) C-N Law Firm P6 &6x l Z-2-q Address Cr(1 sue, PA 1-701 -5 JCAhhc .t,stvfoolap- Name ,. L L7u.? ? ? ( L.e'.e 7-ra lRc i3 . CAS tz?DdAq® ; Law Firm 13Q 6L r &4D u, rT Address DA V),', ? 9. 1-6,nr,94n Name 1-a- 5vx-A I 1701 V i s }???,e. H r K nae a w-4 Law Firm G-c?c 1-70 Boat X3 U ( e,40 Address PIC (-6) lc??n eA nayo City, Zip city, p city, zip ?i"7-X43--(t,s, `7 i7- 22-1-vgoo -7 17' 2-0 2-1 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay awarded, they shall be separately stated.) ,111A -MMUMMEMOME -C,- ? ( a r vl*7 t1t n"A d n Gn I n<--t . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 9/ a3 J I Date of Award: a / a3// ((-- Notice of Entry of Award Now, the `may of 7?? , 201_, at /,?Q , .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Prothonotary Deputy L.EU-0 ?u l 1 FEB 23 PM 1: F'2 1Ef Fat i4u t,;Ijuf PENS ''YA,H1! k??ly rn. Kii j ?, sf ? Cx.c,? ,3 { 13 . Aa- Ile.-, 3-1- - Co p?PS ?a . ? a???tl OA PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. X? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Cumberland Metal Fabricators, Inc. Don Erwin (Plaintiff) VS. VS. (Defendant) C) C o -% xm -v - r - um M c? C) ?o 'CC C- ©-n Z C) S (check one) ? Civil Action -- Law X? Appeal from arbitration (other) The trial list will be called on June 21, 2011 and Trials commence on July 18, 2011 Pretrials will be held on July 6, 2011 (Briefs are due S days before pretrials No. 10-1185 , 2010 Indicate the attorney who will try case for the party who files this praecipe: George B. Faller, Jr., Esquire, Martson Law Offices, Ten East High Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Michael A. Scherer, Esquire, Baric Scherer, 19 West South Strut, Carlisle, PA 17013 ? Al -.,..- This case is ready for trial. Date : 4/7/11 ?2P?f ,as?lcuo Signed: Print Name: George B. Faller, Jr., Term ire Attorney for: Plaintiff I CUMBERLAND METAL : THE COURT OF COMMON PLEAS OF FABRICATORS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DON ERWIN, NO. 2010 - 1185 CIVIL T? Z f-rl Defendant s ORDER OF COURT .. AND NOW, this 15TH day of JUNE, 2 011, a pretrial conference in the above captioned matter is SCHEDULED for THURSDAY, JULY 7, 2011, at 10:30 a.m. in Courtroom # 3 of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior o the pretrial conference. B the Cour , Edward E. Guido, J. GEORGE B. FALLER, JR., ESQUIRE MICHAEL A. SCHERER, ESQUIRE L? COURT ADMINISTRATOR in bin :sld if Office of the Court Administrator CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square, Carlisle, PA 17013 Phone (717) 240-6200 Toll Free 1-888-697-0371 x6200 Fax (717) 240-6460 eMail - courtadmin@ccpa.net MEMORANDUM TO: The Honorable Edward E. Guido FROM: Jennifer E. Bray, Deputy Court Administrator DATE: Thursday, June 02, 2011 IN RE: 2010-11.85 Civil Action - Law Cumberland Metal Fabricators, Inc v. Don Erwin The above case is assigned to you for a non jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment PRAECIPE FOR LISTING CASE FOR TRIAL Cl r-.2 C n (Must be typewritten and submitted in triplicate) zM 0 r" - N 0 On TO THE PROTHONOTARY OF CUMBERLAND COUNTY D -?? J 011 qC3 Please list the following case: cc? ..p D- ? for JURY trial at the next term of civil court. ?? 3 =- Q for trial without a jury. ?m --------------------------------------------------------------------------------------------------------------?r----- CAPTION OF CASE (entire caption must be stated in full) (check one) ? Civil Action - Law Cumberland Metal X? Appeal from arbitration Fabricators, Inc. ? (other) (Plaintiff) VS. The trial list will be called on June 21, 2011 Don Erwin and Trials commence on July 18, 2011 (Defendant) Pretrials will be held on July 6, 2011 vs. (Briefs are due S days before pretrials No. 10-1185 2010 Term Indicate the attorney who will try case for the party who files this praecipe: George B. Faller, Jr., Esquire, Martson Law Offices, Ten East High Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Michael A. Scherer, Esquire, Baric Scherer, 19 West South Str"t, Carlisle, PA 17013 This case is ready for trial. Signed: -"Lv? Print Name: George B. Faller, Jr., Esq ire Date: 4/7/11 Plaintiff Attorney for: CUMBERLAND METAL IN THE COURT OF COMMON PLEAS OF FABRICATORS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010-1185 CIVIL TERM DON ERWIN, Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Thursday, July 7, 2011, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was George B. Faller, Jr., Esquire, and present for the Defendant was Michael A. Scherer, Esquire. This is a contract action in which the sole issue is whether an individual can be held personally liable for the death incurred by a limited liability company. There are no complicated legal issues. The parties estimate the case will take one hour to try. Trial is scheduled before this Court on Friday, August 5, 2011, at 1:30 p.m. Settlement is unlikely. By the Court, Edward E. Guido, J. George B. Faller, Jr., Esquire Martson Law Offices Attorney for Plaintiff Michael A. Scherer, Esquire Baric Scherer Attorney for Defendant Court Administrator /YC/ J srs rn? C- Mr- = -- -um r -< A C Q C D p, 3 Z = -n .4 --4 _... D