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Home My WebLink About10-1873 ,` ALE A`;. :}TARY ? /''dlT STACY B. WOLF, ESQUIRE ? ATTORNEY ID NO. 88732 WOLF & WOLF V/ rGa 10 WEST HIGH STREET 2m kR 16 gy 1 1p`l 1:31 CARLISLE PA 17013 l?cC ,1 a ??Cf?aj? (717) 2414436 _fy ATTORNEY FOR PLAINTIFF ,r . , n tf I' Fl"vlfvJi4 t ? DARREN B. GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. ERIE INSURANCE GROUP, Defendant NO. 2010 -1973 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please enter my appearance on behalf of the plaintiff and issue a writ of summons in the above-referenced case. Writ of Summons shall be issued and forwarded to the Sheriff. Date: 3 1 G O Stacy B. if, Esquire O 10 West Plth Street Carlisle, A 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff WRIT OF SUMMONS To: Erie Insurance Group, Attn: Brenda Schambach, 5001 Louise Drive, Mechanicsburg. PA 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAM PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Division Pro notary, C kil Date:` By: Deputy •- e r Johnson, Duffie, Stewart 8~ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com DARREN B. GUTSHALL, C Attorneys for Erie Insura~~,Gro~ ~-~r~~r,~ r ~~T . ~ _~, ~~ ~ , : t _ -. , r is ~ ~ r~i C.:~ N .~ =~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff v. ERIE INSURANCE GROUP, Defendant NO. 2010-1873 CIVIL ACTION -LAW JURY TRIAL DEMANDED REPLY OF DEFENDANT TO PLAINTIFF'S MOTION TO COMPEL AND NOW comes the Defendant, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and responds to Plaintiff's Motion to Compel as follows: 1-3. Admitted. 4. Admitted. However, since Plaintiff has not filed a Complaint, this request is governed by Pa.R.C.P. 4003.8, not 4003.1. Under Pa.R.C.P. 4003.8, pre-Complaint discovery is limited to information which is material and necessary to the filing of a Complaint. The information sought is not material or necessary since there is no legal basis for Plaintiff to file a direct action against the insurer of an alleged wrongdoer. 5. Denied. There is no legal basis in Pennsylvania for a direct civil action by a party against the insurer of an alleged wrongdoer. 6-7. Admitted. WHEREFORE, Defendant requests that Plaintiff's Motion to Compel be dismissed . Respectfully submitted, JOH N, DU Ft EWART & WEIDNER By: ffrey B. Rettig s uire Attorney I.D. N 616 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant 404953 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Reply of Defendant to Plaintiff's Motion to Compel has been duly served upon the following parties by depositing the same in the United States Mail, certified, return receipt requested, in Lemoyne, Pennsylvania, on June L~, 2010: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff J , DUF E, WART & WEIDNER By: ~:=~ ff y B. Rettig DARREN B. GUTSHALL, PLAINTIFF V. ERIE INSURANCE GROUP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-1873 CIVIL TERM ORDER OF COURT AND NOW, this ~~~ day of June, 2010, upon consideration of plaintiff's motion to extend time to file complaint and his subsequent motion to compel production of documents, and upon consideration of defendant's responseJobjection to those motions, the court finds that the case cited by defendant, Tremco v. Pa. Manufacturer Association, 832 A.2d 1120 (Pa. Super. 2003), is distinguishable from the instant case and is not dispositive of the action. Therefore. the court orders the defendant to produce copies of all commercial liability policies issued by it to its insured, James Hershey and/or Blue Mountain Contracting Group, Inc., to the plaintiff within thirty (30) days of the date of this order. Following receipt of said polices, which will enable plaintiff to determine if he is in fact a third party beneficiary thereof, plaintiff shall file a complaint within sixty (60) days. By the Court, " Stac B. Wolf, Es uire Y q For Plaintiff ~ Jeffrey B. Rittig, Esquire For Defendant sal n 1,:, C~ c~F~ rrt~.t ~~~5/~d ~~ Albert H. Masland, n a .:~ c " -n ;. >-;-' _ ,__ _~ 4 -~= STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 W. HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARREN B. GUTSHALL, Plaintiff v. ERIE INSURANCE GROUP, Defendant ~iL~[~: t,,~ ,. ~.: e l*' ~iL. {'~ gin. J. ~%"1~~'hti? I 2Q10 JtIL - I P~~ 3~ t1$ r ~ ~~~~,~.~ ~ n, [, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010 -1873 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO STRIKE JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly strike the judgment of non pros entered in the above case on June 25, 2010 on the basis that such judgment was improvidently entered by the Prothonotary while Plaintiff's Motion to Extend Time to File Complaint was pending consideration before the Court and such motion was still pending at the time the Ten Day Notice was served on Plaintiff. Moreover, such action is appropriate where the Court by Order dated June 28, 2010, granted the Motion to Extend Time to File Complaint and the Plaintiff's Motion to Compel Production of Documents, filed June 18, 2010. Respectfully submitted, WOLF & WOLF, Attorneys at Law Date: July ~, 2010 BY: Stacy B. W ,Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiff ORDER OF COURT Upon consideration of the foregoing Praecipe to Strike Judgment of Non Pros, and upon review of the records of the Prothonotary, the Judgment of Non Pros is hereby stricken. BY THE COURT: Date: Albert H. Masland, J. DARREN B. GUTSHALL, Plaintiff v. ERIE INSURANCE GROUP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010 -1873 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL• JEFFREY B. RETTIG, ESQUIRE JOHNSON DUFFIE 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WOLF & WOLF July I , 2010 By: J STA Y B. OLF, QUI Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 r r -~ Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Erie Insurance Group DARREN B. GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff (~ ' v ' NO. 2010-1873 ~ ~ ` ° c._ . ~ ' CIVIL ACTION -LAW `_'t~ ~ ~ r„ -r~ ''~` ERIE INSURANCE GROUP, ` 'n`"-' ~,; v. ~ ~.~~. JURY TRIAL DEMANDE[~ ,~ ` ~ -~ = ~ -~---- ' c Defendant ~ - ' - PRAECIPE TO ENTER JUDGMENT OF NON PROS ~, TO THE PROTHONOTARY: Kindly enter judgment of non pros against Plaintiff for his failure to file a Complaint based upon the following: 1. This case was instituted by the filing of a Writ of Summons on March 16, 2010. 2. A Rule to File Complaint was served upon Plaintiff's counsel on or about April 30, 2010. A copy of the correspondence is attached hereto. 3. Plaintiff failed to file a Complaint within 20 days. 4. On June 10, 2010, a 10-day notice of entry of judgment of non pros was forwarded to Plaintiff via certified mail, return receipt requested, and Stacy Wolf, Esquire, counsel for Plaintiff, via certified mail, return receipt requested. A copy of the Notice and green cards are attached hereto. 6. Plaintiff has not filed a Complaint in response to the Notice. ~i~.oo Pp IJ~ C~ 3330 ~ a~u319 WHEREFORE, Defendant respectfully requests that judgment of non pros be entered in this case due to Plaintiff's failure to file a Complaint. Respectfully submitted, JOHN UFF S ART & WEIDNER By: y B. Rettig, Es ' orney I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant ~. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIG}IT, JR. MARK C. DUFFIE JOI3N R. NINDSI(Y MICHAEL ]. CASSIDY Y- jor~soN DUFFIE ~., MELISSA PEEL GREEVY WADE D. MANLEY . ELIZABETH D. SNOVER W P. DOLLMAN A ~FFMAN OF C~~ HORACE A. OHNSON~ ] F. LEE SHIPMAN (1965-2006) {--.1'I : \ i L. d F:V,;1a:j s.l rat-. Cn trt April 30, 2010 Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Re: Gutshall v Erie Insurance Cumberland County C.C.P. Docket No. 2010-1873 Dear Stacy: Enclosed for service upon you, please find a Rule to File Complaint. Please serve your Complaint in the above-referenced matter within twenty days of service hereof. Thank you for your attention to this matter. Very truly yours, /-JOHNSON, D IE, STEWART &WEIDNER Jeff . Retti JBR:csj:399890 ~ Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAILC~?JDSWCOM JOHNSON, DUFFIE, STEWART &WEIDNER, P.C. JERRY R. DUFFIE RICHARD W STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON ]. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY joy-~vsoN DUFFIE June 10, 2010 CERTIFIED MAIL Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Re: Gutshall v Erie Insurance Cumberland County C.C.P. Docket No. 2010-1873 Dear Stacy: MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN ANDREW J. PETSU, JR. OF COUNSEL HORACE A. JOHNSON J;. LEE SHiiIPMAN 1t <l<'I~:1 ~ 1 ~ut'.'~~tIs96~'--2006) 1 t'1 ~3J ~~~1 ..: ~i 4 L t~(l at~i In the above-referenced matter, enclosed is a 10-day Notice advising you that unless you file a Complaint a judgment may be entered against you. JBR:jrs 403915 Enclosure cc: Darren Gutshall (w/encl.) Very truly yours, JOHNSON, D JF~FI ,STEWART &WEIDNER '> Jeffr~~ B: Reftig 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX: 717.761.3015 MAILC~3JDSWCOM JOHNSON, DUFFIE, STEWART &WEIDNER, P.C. JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY Jo~rsoN j~UFFIE June 10, 2010 CERTIFIED MAIL Darren Gutshall 410 Burnthouse Road Carlisle, PA 17015 Re: Gutshall v. Erie Insurance Cumberland County C.C.P. Docket No. 2010-1873 Dear Mr. Gutshall: ~- - MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN ANDREW J. PETSU, JR. OF COUNSEL HORACE A. JOHNSON t~ +, 1't?1 1 ~' ~, 'tit IfS~~ } ll.:, ii ~~~j'~',j~~J4-]~Il'~IAN (1965-2006) In the above-referenced matter, enclosed is a 10-day Notice advising you that unless you file a Complaint a judgment may be entered against you. Very truly~i rs, Jo ~Duffie, Stewart & Weidner v Jeffrey B. Rettig JBR/jrs:ao3s12 Enclosure cc: Stacy B. Wolf, Esquire (w/encl.) 338251 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761,4540 FAX: 717.761.3015 MAILC~JDSW.COM JOHNSON, DUFFIE, STEWART &WEIDNER, P.C. Johnson, Duffle, Stewart 8~ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Erie Insurance Group DARREN B. GUTSHALL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 2010-1873 CIVIL ACTION -LAW ERIE INSURANCE GROUP, Defendant JURY TRIAL DEMANDED TO: Darren B. Gutshall c/o Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 DATE OF NOTICE: June 10, 2010 IMPORTANT 10 DAY NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By. - , , Jeffrey B. Re ' I.D. No. 19616 Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 717-761-4540 Attorney for Defendant CERTIFICATE OF SERVICE AND NOIN, this ~y day of June, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing 70 Day Notice upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff Darren Gutshall 410 Burnthouse Road Carlisle, P A 17015 JOHN , DUFFIE, STEWART & WEIDNER B. effrey B. Rettig 403905 ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ' df C~ ., ~/ ~.~J~J~I C.~f'~ ~ ~~ ~ 70/S A. Signature X ~;~ U ~Q ^ Agent ---5' -~~.~i 2"^-" ^ Addressee I B. Received by (Printed Name) C. Date of Delivery ~ ~~ ~ ~ l( jo i I D. Is delivery address diNerent from ftem 1 T ^ Yes ~ If YES, enter delivery address below: ^ No ~ i 3. Se ice Type Certified Mail ^ Express Mail 1 ^ Registered ^ Return Receipt for Merchandise i ^ Insured Mail ^ C.O.D. I 4. Restricted Delivery? (Extra Fee) ^ Yes ~ 2. Article Number + (transfer from service Labe 7 0 0 7 2 6 ~~ ~.f71 8113 3 8 5 2 j PS Form 381.1, February 2004 Domestic Return Receipt 102585.02-M-1540 ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. G ^.-Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: << ~I~ ~ ~~~~~ ~ ~ ~ ~~v ~~ ~ ~74~3 A. ^ Agent ^ Addressee ~! B. Received by (Printed Name) C. D e f Delivery ', D. Is delvery address different from ftem 1 Yes If YES, enter delivery address below: ^ No ~j 3. Sa ice Type Certified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (transfer from sere/ce labeq 7 0 0 7 2 6 8 l7 ~ 0 01 8113 3 8 7 6 ~-, PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to enter Judgment of Non Pros has been duly served upon the following parties by depositing the same in the United States Mail, certified, return receipt requested, in Lemoyne, Pennsylvania, on June ~, 2010: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By J ey . Rettig, ~ ire 404951 DARREN B. GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff v. ERIE INSURANCE GROUP, Defendant NO. 2010-1873 CIVIL ACTION -LAW JURY TRIAL DEMANDED JUDGMENT AND NOW, this ~~day of e. , 2010, a Judgment of Non Pros is hereby entered against the Plaintiff for failure to file a Complaint. BY THE PROTHONOTARY: J. Distribution: • Stacy B. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013 • Jeffrey B. Rettig, Esq., Johnson Duffle, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 404955 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 W. HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF F1L~1.~- ~ - -„-.~- t;... ~~~.,.. 2Q10 JtiE. -- I P~Yi 3~ US r,r~~,r•. ~.~~.~fl A.A.+ ~/ C' Ci s~^'iJ i ~,~r+~ ~~f~i DARREN B. GUTSHALL, Plaintiff v. ERIE INSURANCE GROUP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010 -1873 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO STRIKE TUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly strike the judgment of non pros entered in the above case on June 25, 2010 on the basis that such judgment was improvidently entered by the Prothonotary while Plaintiffis Motion to Extend Time to File Complaint was pending consideration before the Court and such motion was still pending at the time the Ten Day Notice was served on Plaintiff. Moreover, such action is appropriate where the Court by Order dated June 28, 2010, granted the Motion to Extend Time to File Complaint and the Plaintiffls Motion to Compel Production of Documents, filed June 18, 2010. Respectfully submitted, WOLF & WOLF, Attorneys at Law Date: July ~, 2010 BY: Stacy B. W ,Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiff ORDER OF COURT Upon consideration of the foregoing Praecipe to Strike Judgment of Non Pros, and upon review of the records of the Prothonotary, the Judgment of Non Pros is hereby stricken. BY THE COURT: ~~~: ~t1~,~5~~4r.~3~ / / - ~ 3~'dfl~ ~-- Date: u ` / ~~'~~ . t, ~ , ~ ~~ Z _ ~(}(' Q j QZ Albert H. Masland, J. ~~~~~y ~'opi cs a ~+-~ ~- /a~~o ~-'~~~` n1a: rled ~~~. DARKEN B. GUTSHALL, Plaintiff v. ERIE INSURANCE GROUP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010 -1873 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL: JEFFREY B. RETTIG, ESQUIRE JOHNSON DUFFIE 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WOLF & WOLF July ~ , 2010 By: 1 STA Y B. OLF, QUI Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 W. HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARREN B. GUTSHALL, Plaintiff IT. ERIE INSURANCE GROUP, Defendant BLED-0 "rICE tq- rr-" rA 7 z.. t -,,,.,.Ry SEP 15 AN 8:49 CUMBLV PENNS`E LVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010 -1873 CIVIL TERM PRAECIPE TO WITHDRAW WRIT OF SUMMONS TO THE PROTHONOTARY: Please mark the Writ of Summons filed by Plaintiff on March 16, 2010 in the above-captioned matter WITHDRAWN, without prejudice to Plaintiff. Dated: September ` 5"_ 010 Respectfully submitted, WOLF & WOLF By: ? GLC Stacy B. Wolf squire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff ?PLEp-Q?-rlr,E tARY Johnson, Duffle, Stewart & Weidr WE? 16 41.1 8: 30 By: Jeffrey B. Rettig I.D. No. 19616 C1%t4r Attorneys for Erie Insurance Group 301 Market Street FENivSYLVANIA P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com DARREN B. GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff v. NO. 2010-1873 CIVIL ACTION - LAW ERIE INSURANCE GROUP, JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter judgment of non pros against Plaintiff for his failure to file a Complaint based upon the following: 1. On June 28, 2010 an Order was issued by Honorable Judge Albert H. Masland directing Plaintiff to file a Complaint within sixty (60) days upon receipt of defendant's commercial liability policies. 2. A complete copy of the commercial policy was sent to Plaintiffs counsel on July 12, 2010. A copy of the correspondence is attached hereto. 3. Plaintiff failed to file a Complaint within sixty (60) days upon receipt of the policy. WHEREFORE, Defendant respectfully requests that judgment of non pros be entered in this case due to Plaintiff's failure to file a Complaint. *Iq, oo Po AmT/ 3U3?Q No-h&, mailed Respectfully submitted, SON, 0,UFFIF-, STEWART & WEIDNER By: FMo B. tt i quire y . N 9616 a Street t P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant JERRY R. DUFFIE MELISSA PEEL GREEVY RICHARD W. STEWART WADE D. MANLEY C. ROY WEIDNER. JR. IZABETH D. SNOVER EDMUND G. MYERS ND P. DOLLMAN DAVID W. DELUGE L A W O F F I C E S O SA -! OFFMAN JOHN A. STATLER JEFFERSON J. SHIPMAN 'A OF JEFFREY B. RETTIG OHNSON HORACE ON KEVIN E. OSBORNE RALPH H. WRIGHT, JR. DUFFIE F. LEE SHIPMAN MARK C. DUFFIE (1965-2006) JOHN R. NINOSRY ?- MICHAEL J. CASSIDY July 12, 2010 Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Re: Gutshall v Erie Insurance Cumberland County C.C.P. Docket No. 2010-1873 Dear Stacy: Enclosed is a complete copy of the policy purchased by Blue Mountain Contracting Group from Erie. As I understand the Court's Order, your Complaint is due on or before September 10, 2010. Best regards. Very truly yours, J NSON, D FFIE, STEWART & WEIDNER #e. le ttig JBR:csj:406860 Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to enter Judgment of Non Pros has been duly served upon the following parties by depositing the same in the United States Mail, certified, return receipt requested, in Lemoyne, Pennsylvania, on September ?, 2010: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff JOHNSON. DUFFIE, STEWART & WEIDNER Janine Schwalm, Paralegal to Jeffrey B. Rettig, Esquire 413738 DARREN B. GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff V. ERIE INSURANCE GROUP, Defendant NO. 2010-1873 CIVIL ACTION - LAW JURY TRIAL DEMANDED JUDGMENT AND NOW, this itchy of oQaXJ. , 2010, a Judgment of Non Pros is hereby entered against the Plaintiff for failure to file a Complaint. BY THE PROTHONOTARY: J. Distribution: • Stacy B. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013 • Jeffrey B. Rettig, Esq., Johnson Duffie, 301 Market Street, P.O. Box 109, Lemoyne. PA 17043 404955