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HomeMy WebLinkAbout10-4073~_. i~~f .r ~ l.. i i ,,. 2J10 ~~~~ I ~ ~~ ::+~ i IN THE COURT OF COMMON PLEAS OF C y~ERLAND_COUNTY, PENNSYLVANIA ~~ _:'~."`ri1(' rt- ~ 4, ~!~ky ~~jr~ CIVIL DIVISION JENNIFER SMITH, NO. I b ` y X73 ~ 1V ~ ~~~ Plaintiff ~, CIVIL ACTION-LAW ROBERT H. BARKLEY, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default judgment maybe 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIZING 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 REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE : 1-800-990-9180 DA LH E•ANNTiN~. P. C. You, Pxxx~ oe ~>406 V ~qa. oo ~ p fl~W e# Sy3s~f a y3s8U EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL JENNIFER SMITH, NO. Plaintiff v, CIVIL ACTION-LAW ROBERT H. BARKLEY, Defendant JURY TRIAL DEMANDED AVISO PARR DEFENDER Conforme a PA RCP Num. 1018.1 DA-.~ EAANe T-NB. P. L'. Yoae, Pexnenvwa~n ~~.os USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corke puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUL/DE PERDER D1NER0, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON 1NFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMAC~ON ACERCA AGEPeCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, Plaintiff v. . ROBERT H. BARKLEY, Defendant NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Jennifer Smith, is an adult individual residing at 4513 Florence Avenue, Apartment E, Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Robert H. Barkley, is an adult individual residing at 95 West Lauer Lane, Camp Hill, Pennsylvania 17011. 3. At all times relevant hereto, the Defendant owned and/or controlled the property located at 4513 Florence Avenue, Mechanicsburg, Pennsylvania 17055. 4. On or before Apri13, 2009, the Plaintiff was a tenant of an apartment leased to DALH E.~LSNBT4N7~. P. f~. You. PexxevE Vwxu ~~aoa her by the Defendant pursuant to a written lease agreement. ` 5. On April 3, 2009, at approximately 8:30 p.m., Plaintiff was traversing the walkway near her apartment when she tripped over water mains which were sticking out of the ground approximately 6 to 8 inches and fell into the street resulting in injuries and damages to the Plaintiff. 6. The area where the Plaintiff fell was controlled by the Defendant and the Defendant was responsible for maintaining the area free from dangerous conditions and in a safe and useable condition for his tenants including the Plaintiff. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 9. The negligence of the Defendant consisted of the following: a) Failing to utilize the degree of care required for tenants, such as the Plaintiff, by not maintaining his premises in a safe condition; b) Failing to inspect the premises to discover the unsafe and hazardous condition of the water mains; c) Failing to ensure that the capped water main pipes were not a hazard in an area which was traveled by persons such as Plaintiff; d) Failing to warn or protect the Plaintiff from the unsafe and hazardous condition of the water main pipes when Defendant knew, or should have known, that the Plaintiff might be unable to protect herself; e) Failing to provide adequate lighting of the area which Defendant knew, or should have known, that Plaintiff and other tenants would be walking; DALH L'~•ANBT-N~. P. C. Yoae. Paxxsnvsxu5 ~~soa f) Failing to correct the hazardous and dangerous condition that Defendant knew or should have known, existed on the Defendant's premises; and g) Creating or allowing a hazardous condition to exist consisting of capped water main pipes sticking out of the ground which Defendant knew, or should have known, would involve an unreasonable risk of danger to persons such as the Plaintiff who would not know, or have reason to know, of the unreasonable risk of harm. 10. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including bat not limited to radial head fracture of the right elbow, contusions, and a severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered and she will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of her earnings and impairment of her earning capacity and the loss of income and impairment of earning capacity will, or may continue in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, scarring and disfigurement, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. LALH Ep ANBT[NH. I~. Q~. Yoee, PaxrricE Vcx~ "aors WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES~F DALE E. ANSTINE, P.C. David M. P"olTick, Esquire Attorney ID No. 34368 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846 - 0606 DALH E.~ANSTQNH. P. C. Yoae. P6x"~cF V %u, ~~aoa VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is DALH E. c1NBT~NH. $~. C. Yoex, Paxper~.vwmu ~~aoa true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date ` IIV~J' fifer ith SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~~~,~ F1t.~D-~.~ r~:~~ Sheriff ,. ~ „-.~ ~{..}~ ~~~~„tr at ~,rr,nbrp,~~~~ i~~ ~~ ~ ~ t ~, ~. , . Jody S Smith Chief Deputy ~ _ ~~~~ ~~~ ~~+ ~~ ~: ~~ j `~f~: Richard W Stewart Solicitor ~ CUR~S~ ~°;! i ~.'~~ i Jennifer Smith Case Number vs. Robert H. Barkley 2010-4073 SHERIFF'S RETURN OF SERVICE 06/22/2010 01:58 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2010 at 1358 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert H. Barkley, by making known unto himself personally, at 95 W. Lauer Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same./////~')~ /~/~,/~,//~/Gf.~- // v NOAH CLINE, DEPUTY SHERIFF COST: $41.50 June 23, 2010 SO ANSWERS, ... ~~ RON R ANDERSON, SHERIFF (cl CounlySuite SFenff. Trleesoff. Inc Johnson, Duffle, Stewart 8~ Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com JENNIFER SMITH, Plaintiff v. ROBERT H. BARKLEY, Defendant K7 ''" c- K'_'. ~ ~~ Attorneys for Defendantn~~-- ~ ~;_' , ~ ' -. `' ~ G1 `- 7 .r' ~F.` ~-, _~ .. c c~ n~ ,~ J ~- __ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4073 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE AND NOW, this 2"d day of July, 2010, enter the appearance of JEFFERSON J. SHIPMAN, I.D. 51785, on behalf of Defendant in the above captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER er n J. Shipma :406100 CERTIFICATE OF SERVICE AND NOW, this 2"d day of July, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing document 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: David M. Pollick, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 JOHNSON, DUFFIE, STEWART & WEIDNER Mic elle H. Spangler :406100 ~e ,., i'~~C.'a"., ~~ . Z~10 VL%~ ~ t7 tE i 1' ~ I Johnson, Duffie, Stewa 8~ Weidner By: Jefferson J. Shipman Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com JENNIFER SMITH, v. ROBERT H. BARKLEY, intiff NOTICE TO PLEAD TO: Jennifer Smith, c/o David M. Pc Two West Mark P.O. Box 952 York, PA 1740; AND NOW, th responsively within tw entered against you. :406142 plaintiff .lick, Esquire :t Street CIVIL ACTION -LAW JURY TRIAL DEMANDED day of July, 2010, you are hereby notified to plead y (20) days of the date of service hereof, or judgment may be Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4073 JOHNSON, DUFFIE, STEWART & WEIDNER efferson J. Ship n ~ ~ ~ Johnson, Duffle, Stews By: Jefferson J. Shipma I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania (717) 761-4540 jjs~jdsw.com ~t 8~ Weidner Esquire 17043-0109 JENNIFER SMITH, v. Plaintiff ROBERT H. BARKLEY, Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-4073 CIVIL ACTION -LAW JURY TRIAL DEMANDED nt MATTER OF DEFENDANT RC TO PLAINTIFF'S COMPLAINT AND NOW, co es the Defendant Robert H. Barkley, by and through his counsel, Jefferson J. Shipman, Esquire, and Johnson, Duffle, Stewart & Weidner, and files the following Answer and ew Matter to Plaintiffs Complaint as follows: 1. Admitted 2. Admitted 3. Admitted in part and denied in part. It is admitted only that Defendant owned the property I Gated at 4513 Florence Avenue, Mechanicsburg, Pennsylvania 17055. Any remaining averments in paragraph 3 are denied as stated. 4. Admitted 5. Denied. After reasonable investigation, Mr. Barkley is without sufficient knowledge or informs ion to form a belief as to the truth of the averments contained in paragraph 5. The sa a are, therefore, denied and strict proof is demanded at the time of trial. , 6. Denied and fact to which no averments contained 7. Denied. and fact to which no averments contained 8. Denied. and fact to which no averments contained 9. Denied. through g are response is deemed denied. (a) p dE m (b) D al h< (c) D th w (d) D (e) averments contained in paragraph 6 are conclusions of law ponse is required. If a response is deemed to be required, the rein are specifically denied. he averments contained in paragraph 7 are conclusions of law use is required. If a response is deemed to be required, the n are specifically denied. averments contained in paragraph 8 are conclusions of law sponse is required. If a response is deemed to be required, the erein are specifically denied. fhe averments contained in paragraph 9 and sub-paragraphs a ions of law and fact to which no response is required. If a > be required, the averments contained therein are specifically iced. It is specifically denied that Mr. Barkley failed to use the ree of care required for tenants, such as the Plaintiff, by not staining his premises in a safe condition; ied. It is specifically denied that Mr. Barkley was negligent in redly failing to inspect and discover the allegedly unsafe and ~rdous condition of the water mains; ied. It is specifically denied that Mr. Barkley failed to ensure the capped water main pipes were not a hazard in an area ;h was traveled by persons such as Plaintiff; ied. It is specifically denied that Mr. Barkley was negligent in redly failing to warn or protect the Plaintiff from an alleged ~fe and hazardous condition of the water main pipes when the ;ndant knew, or should have known, that the Plaintiff might be ale to protect herself; ied. It is specifically denied that Mr. Barkley was negligent in redly failing to provide adequate lighting of the area which ~ndant knew, or should have known, that Plaintiff and other cants would be walking; ~fl ~9) 10. Denie of law and fact to required, the aver investigation, Mr. B as to the remaining strict proof is dema 11. Denie of law and fact to required, the aver investigation, Mr. B as to the remaining strict proof is dema 12. Denie of law and fact to required, the aver investigation, Mr. B as to the remaining strict proof is dema 13. Denie of law and fact to required, the aver D Hied. It is specifically denied that Mr. Barkley was negligent in all gedly failing to correct the alleged hazardous and dangerous co dition that Defendant knew, or should have known, existed on th Defendant's premises; and D Hied. It is specifically denied that Mr. Barkley created or allowed a allegedly hazardous condition to exist consisting of capped w ter main pipes sticking out of the ground which Defendant knew, or should have known, would involve an unreasonable risk of d nger to persons such as the Plaintiff who would not know, or h ve reason to know, of the unreasonable risk of harm. d. he averments contained in paragraph 10 are in part conclusions w ich no response is required. If a response is deemed to be me is contained therein are specifically denied. After reasonable ar ley is without sufficient knowledge or information to form a belief a erments in paragraph 10 and the same is, therefore, denied and nd d at the time of trial. d. he averments contained in paragraph 11 are in part conclusions w ich no response is required. If a response is deemed to be me is contained therein are specifically denied. After reasonable ar ley is without sufficient knowledge or information to form a belief a erments in paragraph 11 and the same is, therefore, denied and nd d at the time of trial. d. The averments contained in paragraph 12 are in part conclusions w ich no response is required. If a response is deemed to be me is contained therein are specifically denied. After reasonable ar ley is without sufficient knowledge or information to form a belief a erments in paragraph 12 and the same is, therefore, denied and nd d at the time of trial. d. The averments contained in paragraph 13 are in part conclusions w ich no response is required. If a response is deemed to be me is contained therein are specifically denied. After reasonable investigation, Mr. Barkl as to the remaining av~ strict proof is demande WHEREFORE, judgment be entered prejudice. ey is without sufficient knowledge or information to form a belief srments in paragraph 13 and the same is, therefore, denied and d at the time of trial. the Defendant Robert H. Barkley respectfully requests that in his favor and that Plaintiff's Complaint be dismissed with NEW MATTER The Defendant 14. That the rposes the following new matter defenses. intiff has failed to state a cause of action for which relief may be granted. 15. That the laintiff's alleged accident may have been caused by third parties or entities such as the ater company which have not been made parties to this action. 16. If it sho Id be found that there was any negligence on the part of Mr. Barkley, which is s ecifically denied, then in that event any such negligence was not a factual cause of Plai tiffs harm. 17. That the Plaintiff's own comparative negligence was the cause of her alleged injuries. 18. That the laintiff herself was comparatively negligent in the following: a. F iling to watch where she was walking; b. Iking in an area not intended for pedestrians; c. Iking in a hurried or otherwise inappropriate manner; d. N t being attentive; and e. F iling to avoid an obvious condition of which she was well aware h ving lived in this complex for several years. 19. That Mr. Barkley had no notice of any alleged dangerous condition. 20. That the a was no dangerous condition under the Restatement of Torts. 21. That th Plaintiff may have assumed the risk of her own injuries by walking in an area tha was not intended for pedestrians. 22. That the Plaintiff was not in a walkway as alleged in the Complaint. 23. That the of limitations. 24. That Mr. incident. WHEREFORE, judgment be entered prejudice. leged cause of action may be barred by the applicable statute was in no way negligent in the happening of this alleged the Defendant Robert H. Barkley respectfully requests that in his favor and that Plaintiffs Complaint be dismissed with Respectfully submitted, Date: ~ / ! 2 :406142 JOHN N, DUFFIE, STEWART & WEIDNER By. ' ff J. Shipm n, Esquire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICATION The undersigned says that the facts set forth in the foregoing document are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Robert H. Barkley Dated: ~ ~ :406142 a ~ CERTIFICATE OF SERVICE AND NOW, that she did this date record by causing prepaid, at Lemoyne, ~~ day of July, 2010, the undersigned does hereby certify srve a copy of the foregoing document upon the other parties of to be deposited in the United States Mail, first class postage nsylvania, addressed as follows: David M. Pollick, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 JOHNSON, DUFFIE, STEWART & WEIDNER By. ~- J Mi elle H. Spangler :406142 fl ~1~~~I .' ~;= l ~ ~ , ,. .. -'( 2li~ ~;~ f t1 gj;.,g ~ ~u~.aa Pit K~o~ Gl , , . t ham'"f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, NO.10-4073 Plaintiff v. CIVIL ACTION-LAW ROBERT H. BARKLEY, . Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 14-17. The averments contained in paragraphs 14-17 are conclusions of law to which no responsive pleading is required. If a response is deemed necessary, the averments contained therein are specifically denied. 18. The averments contained in paragraph 18 are conclusions of law to which no responsive pleading is required. Moreover, it is specifically denied that Plaintiff: a. Failed to watch where she was walking; b. Walked in an area not intended for pedestrians; c. Walked in a hurried or otherwise inappropriate manner; d. Was not attentive; and e. Failed to avoid an obvious condition of which she was weir aware having lived in this complex for several years. 19-21. The averments contained in paragraphs 19-21 are conclusions of law to which FFiCES OF DALN E. ANBT]NH• P. T. Yoxw Psxx.rcvwxu .>aoa no responsive pleading is required. If a response is deemed necessary, the averments contained therein are specifically denied. 22. Prior to her accident, Plaintiff had exited her apartment and was returning to her car that was parked in the street near the tenant's mailbox, and she encountered the dangerous condition of the water main to the side of the mailbox before reaching the street. 23-24. The averments contained in paragraphs 23-24 are conclusions of law to which no responsive pleading is required. If a response is deemed necessary, the averments contained therein are specifically denied. RESPECTFULLY SUBMITTED: LAW OFFICEJ$.~QF DALE E. ANSTINE, P.C. David M. Pollack, Esquire Attorney ID No. 34368 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846-0606 (717) 845-7431 Facsimile dpollick@4anstine.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER SMITH, NO. 10-4073 Plaintiff . v. CIVIL ACTION-LAW ROBERT H. BARKLEY, . Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this L~~.i~ day of July, 2010, I, David M. Pollick, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within and foregoing document by U. S. Postal Service, addressed to the party or attorney of record as follows: Jefferson J. Shipman, Esquire Johnson Duffle 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Y SUBMITTED: LAW Davi~11~ PoIlick, Esquire Attorney for Plaintiff E. ANSTINE, P.C. 1D- ~d73 I HEREBY VERIFY that the information set forth in the foregoing Reply To New Matter is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. DATE: ~L C? C c:a .~ -~.~ c~ -:;rte ~ ,~~ e = , ,-, -o ~ :~:; ' ~s r- .~ , LAW OFFICES OF DALE E. ANSTINF., P.C. TWO WEST MARKET STREET POST OFFICE BOX 952 Yoxx, Pxxxsr~vnx~n ~1a05 (71 ~) fi4fi-0606 JENNIFER SMITH Plaintiff VS. ROBERT H. BARKLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o -.I 10-4073 CIVIL NO . -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: Jefferson J. Shipman , counsel for the plaintiff/defendant 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 $ 50,000 or less 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: David M. Pollick, Esquire, Law Offices of Dale E. Anstine, Two West Market St., York, PA 17405 Jefferson J. Shipman, Johnson, Duffle, 301 Market St., Lemoyne, PA 17043-0109 (Pb: 761-4540) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectful) submitted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. ? y. oo pd GjL-* 3?Ll??J< ?` 2- &r 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r.? ;.:r JENNIFER SMITH 10-4073 CIVIL ff No . Plainti co vs. t- C:? - C-, CD n ROBERTH. BARKLEY to CDrr, -t 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: Jefferson J. Shipman , counsel for the plaintiff/defendant 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 $ 50,000 or less 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: David M. Pollick, Esquire, Law Offices of Dale E. Anstine, Two West Market St., York, PA 17405 Jefferson J. Shipman, Johnson, Duffie, 301 Market St., Lemoyne, PA 17043-0109 (Ph: 761-4540) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectful] submitted, --•, +? CZ) rrI ORDER OF COURT AND NOW, , 20*/ CD nsideration of the ejoin , i 77:4 All Co ?) 4,1_4 petition, Esq., and Esq., and ,0"'7i??-I Esq., are appointed arbitrators in the;bo,`e? captioned action (or actions) as prayed for. ?n?a n d/ -!!trSon Zr :5'1 0( wt . Po /1; , 6 / b 11 PIZ ` By the Court, - Kevin A. eoso P.J. a y. oo pd ` 0 3/7 F' eV-?Vlt-P Cr \nA A-h Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 10 - Lto 7-3 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 *Sig fidelity. ure Si nature Signature 4ktrry? Shau((s ame (Chairman) \? U I La Firm Address G H (sit -1 VIN 0B City, Zip -DI?I E. 8ERR-/ Name G. A. ,O 09.t-e, -D It t4 .;may Law Firm I q S. a vtv vt.?- S? Address C4r[Oslc- PA 17 a 13 City, Zip Name Law Firm ?303 Sb?? ?k?. Address Lsb at SE City, -zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the followhin?g? a?ward: (Note: If damages for delay are awarded, they shall be separately stated.) ? o , }?-1'Y I A/'A "7- t V4 t-D v-A vv\ 6 vl,O aA74a--1- --?-O TP 10 1 Y? 1., K" h AAA n Al% -1 1--?V \) 1 f- )X )C .+-1 tM \ r ?.rn Vl2 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award 1Z-.1q--I\ 12-Ig-( 1 (Chairman) Notice of Entry of Award Now, the day of _ , 20 // , at 9. S3 /?-.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: $ 3.50` DU By: Deputy €? 16 DEC 19 Ail 9: w L 1, PENNSYLVAN11/-, ba 1-0 %/c,C,•, . X S f X` .e +i