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Home My WebLink About10-5488a010 'Auroao PJ4 3a9 .JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I. D. No. 78000 Andrew J. Petsu, Jr., Esquire I.D. No. 206495 301 Market Street - P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com ERIE INSURANCE, as subrogee of ALLEN WENGER, : Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant NOTICE TO DEFEND NO. - 5488 i Term CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 44a oo a orl &1f 3UU3 & a y7/37 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes paginas, debe tomar accion dentro de los prbximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I. D. No. 78000 Andrew J. Petsu, Jr., Esquire I.D. No. 206495 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrnCc?idsw.com Counsel for Plaintiff ERIE INSURANCE, as subrogee of ALLEN IN THE COURT OF COMMON PLEAS OF WENGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant COMPLAINT JURY TRIAL DEMANDED AND NOW, come the Plaintiff Erie Insurance ("Erie"), as subrogee of Allen Wenger, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who files this Complaint by respectfully stating the following: 1. Plaintiff Erie is a Pennsylvania insurance company with a principal place of business located at Rossmoyne Business Center, 4901 Louise Drive, P.O. Box 2013, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Commonwealth of Pennsylvania, Department of Transportation, is a Commonwealth party with a principal place of business located at Keystone Building, 400 North Street, Harrisburg, Dauphin County, Pennsylvania 17120. 3. On the date and time of the incident, Ronald Rhoades, an employee and/or agent of the Commonwealth of Pennsylvania, Department of Transportation, was acting within the course and scope of his employment and/or agency. I 4. At all times relevant hereto, Plaintiff Erie was the insurer of Mr. Wenger's vehicle. 5. To the extent that Plaintiff Erie has paid certain sums of money to Mr. Wenger, pursuant to an insurance policy, Erie is a subrogee of Mr. Wenger with respect to the claims made against Defendant. 6. The facts and occurrences hereinafter related took place on or about February 6, 2010, on U.S. Highway Route 11 in Silver Spring Township, Cumberland County, Pennsylvania. 7. On the above date, at approximately 5:30 p.m., Mr. Wenger was traveling northbound in the middle lane of SR-11, Carlisle Pike, and Ronald Rhoades, acting in the course and scope of his employment with the Commonwealth of Pennsylvania, Department of Transportation was driving a plow truck northbound on SR-11, Carlisle Pike, ahead of Mr. Wenger. 8. While Mr. Rhoades was plowing snow off the roadway, he attempted to turn right onto Silver Spring Road, and when he did so, Mr. Wenger's vehicle struck the plow truck in the front middle to front right side. 9. Mr. Rhoades did not utilize his right turn signal and did not give any indication that he was turning right. 10. Mr. Wenger attempted to use his brakes in order to avoid the impact, but could not avoid striking the truck. 11. Mr. Wenger's vehicle sustained severe damage to its front end. 12. The aforesaid property damage was caused solely, proximately and/or substantially by the carelessness and negligence/recklessness of Defendant's employee, Ronald Rhoades, while acting in the course and scope of his employment, in that he: (a) carelessly attempted to make a right turn onto Silver Spring Road, without using a turn signal; 2 1 (b) failed to maintain an adequate lookout while operating his vehicle; (c) failed to be attentive to the conditions around him; (d) failed to keep his motor vehicle under proper and adequate control; (e) failed to take steps to avoid striking Plaintiff's vehicle; and, (f) operated his motor vehicle with careless disregard for the conditions on the roadway. 13. As a result of the aforesaid property damage sustained due to Defendant's employee's negligence, Plaintiff Erie, by reason of a policy of insurance maintained by Allen Wenger, was forced to pay for the property damage sustained in the amount of Seven Thousand Seven Hundred and Sixty-Three and 97/100 Dollars ($7,763.97), plus Mr. Wenger's deductible, in the amount of Five Hundred Dollars ($500.00) for a total of Eight Thousand Two Hundred and Sixty-Three and 971100 Dollars ($8,263.97). WHEREFORE, Plaintiff, Erie Insurance, as subrogee of Allen Wenger, demand judgment against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in the amount of Eight Thousand Two Hundred and Sixty-Three and 97/100 Dollars ($8,263.97), which was paid by Erie and Mr. Wenger, together with interest, delay damages, and costs of suit. Respectfully submitted, Date: August 19, 2010 :407375 JOHNSON, , S EWART & WEIDNER By: John R. Ninon y, Esquire I.D. No. 78000 Andrew J. Petsu, Jr., Esquire I.D. No. 206495 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Email:jrn@jdsw.com ajp@jdsw.com VERIFICATION hereby acknowledge that Erie insurance, is a Plaintiff in this action and that.l am authorized to make this verification on its behalh, that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. ERI NSURANCE By: /.? DATE: :408797 SHERIFF'S OFFICE OF CUMBERLAN~~NTY ~~.,.~ Ronny R Anderson , ~ Fl r`~.,.' ` ~ ~'•,s. '~~` Y Sheriff '~' ~1u'~.. Jody S Smith ~ ~,, , 2 Chief Deputy Richard W Stewart Cu1V4g4` ` `,~' ,,t,~~~1~ Solicitor ,.-~ PEN~SS`l1-Vr~i~IlA Erie Insurance vs. Case Number Commonwealth of PA, Department of Transportation (et al.) 2010-5488 SHERIFF'S RETURN OF SERVICE 08/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Commonwealth of Pennsylvania, Department of Transportation, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 08/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Office of the Attorney General, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 08/30/2010 11:44 AM -Dauphin County Return: And now August 30, 2010 at 1144 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Office of the Attorney General, by makinc known unto Marisa Wirfel, Receptionist for The Office of the Attorney General at 16th Floor, Strawberry Square, Harrisburg, PA 17120 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/30/2010 12:04 PM -Dauphin County Return: And now August 30, 2010 at 1204 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Commonwealth of Pennsylvania, Department of Transportation by making known unto Casey Huntington, Legal Assistant for The Department of Transportation at 400 North Street, Harrisburg, PA 17120 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 September 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF _~:~,• ~ , ~ ~. r Mary Jane Snyder Real Estate Depu y ~~ William T. Tully ~ ~ solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania ERIE INSURANCE VS County of Dauphin COMMONWEALTH OF PA DEPT OF TRANSPORTATION Sheriff s Return No. 2010-T-2859 And now: AUGUST 30, 2010 at 11:44:00 AM served the within NOTICE & COMPLAINT upon OFFICE OF ATTORNEY GENERAL by personally handing to MARISA WIRFEL 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 16TH FLOOR STRAWBERRY SQUARE HBG PA 17120 OTHER COUNTY CASE # 20105488 RECEPTIONIST ~a Deputy: G MILLER Plaintiff: ERIE INSURANCE Sheriff s Costs: $60.5 8/27/2010 Out Of County Cost: So Answers, P~°i~~~ Sheriff of Dauphin County, Pa. Sworn to and subsr~r Seed before me this da ~e rn r I O, TARY NI OPv1MiSSION E~R~RES i57 JANUARY. 2U__'-~ c~~~L MONDAY Mary Jane Snyder Real Estate Depu William T. Tully solicitor ~~ Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ERIE INSURANCE VS COMMONWEALTH OF PA DEPT OF TRANSPORTATION Sheriff s Return No. 2010-T-2859 And now: AUGUST 30, 2010 at 12:04:00 PM served the within NOTICE & COMPLAINT upon COMMONWEALTH OF PA DEPT OF TRANSPORTATION by personally handing to CASEY HUNTINGTON 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 400 NORTH STREET HARRISBURG PA 17120 OTHER COUNTY CASE # 20105488 LEGAL ASSISTANT So Answers, ~'~ ~: ~' ~ ~ ._ _ ~' Deputy: G MILLER Plaintiff: ERIE INSURANCE Sheriff s Costs: $60.5 8/27/2010 Out Of County Cost: ~~~~'~ Sheriff of Dauphin County, Pa. Sworn to and subs ~rs,~d before me this day ~~ .D. ~~ r P THONOT.ARY D PF{!N OUN ' C MMISSION E~CuP[RES IST MONDAY JANUARY, 20-! Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Sectio n a _ 15"' Floor, Strawberry Square =m m _-- Harrisburg, PA 17120 Direct Dial: 717-783-3147 d_?oodetnote'i?attornev?ene?-al.t?ov cr = -? C) o -n ?o =c? ERIE INSURANCE, as subrogee of ALLEN IN THE COURT OF CO NAL F WENGER CUMBERLAND COUNTY 'Az_ , Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant : No. 10-5488 Civil Term ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Commonwealth of Pennsylvania, Department of Transportation, in the above-referenced matter. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: iel R. Goo emo e Senior Deputy Attorney General Supreme Court No. 30986 DATED: September 15, 2010 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: John R. Ninoskyk, Esquire Andrew J. Petsu, Jr., Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (Attorney for Plaintiff) D iel R. G o o t e enior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: September 15, 2010 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 d~oodemoterc~ attarnevgeneral .,..,<iv rat- ~!~ ~~-~FF1G~ ,~-:r~ F ~~a~ ~~T 29 P~~ ~: ~;; , ~°~t~~~a,~.;~~~~ c~~ur~~ ~~~~~at _~~:SY[ yrr~~.#lfi. k ERIE INSURANCE, as subrogee of ALLEN IN THE COURT OF COMMON PLEAS OF WENGER, Ct1MBERLAND COUNTY, PA Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant No. 10-5488 Civil Term NOTICE TO PLEAD TO ALL PARTIES: YOU ARE HEREBY REQUIRED to respond to the within Complaint within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General BY~ ~Behiel R. Goodemote Senior Deputy Attorney General DATED: October 22, 2010 e , Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 di~oodemote~a~attorneyaeneral.gov ERIE INSURANCE, as subrogee of ALLEN WENGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant No. 10-5488 Civil Term ANSWER AND NEW MATTER Defendant, Commonwealth of Pennsylvania, Department of Transportation (PennDOT) files this Answer and New Matter: 1. Denied. After reasonable investigation, Defendant PennDOT does not have sufficient knowledge or information to form a belief as to the truth of the averments. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendant PennDOT does not have sufficient knowledge or information to form a belief as to the truth of the averments. 5. Denied. After reasonable investigation, Defendant PennDOT does not have sufficient knowledge or information to form a belief as to the truth of the averments. 6. Based solely on information obtained from the police accident report, PennDOT admits that the events described in Plaintiff s Complaint occurred on February 6, 2010, on State Route 11 in Silver Spring Township, Cumberland County, Pennsylvania. 7. Admitted, based solely on information obtained from the police accident report. 8. Admitted, based solely on information obtained from the police accident report. 9. These allegations are denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 10. Denied. After reasonable investigation, Defendant PennDOT does not have sufficient knowledge or information to form a belief as to the truth of the averments. 11. Denied. After reasonable investigation, Defendant PennDOT does not have sufficient knowledge or information to form a belief as to the truth of the averments. 12. These allegations are denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 13. Denied. After reasonable investigation, Defendant PennDOT does not have sufficient knowledge or information to form a belief as to the truth of the averments. NEW MATTER 14. The present action is controlled by the provisions of 1 Pa. C.S. §2310 and Act No. 1980-142, set forth in 42 Pa. C.S. §§8501, et seq., which Acts are incorporated herein and pled by reference. The Commonwealth Defendant asserts all the defenses contained therein. 15. All affirmative defenses under Pa. R.C.P. § 1030 are asserted and incorporated by reference as if set forth herein at length. 16. The Plaintiff was negligent per se based on Plaintiffs violation of 75 Pa. C.S. §3309 as he failed to yield the right-of--way to an authorized vehicle actually engaged in work upon a highway within any highway indicated by official a vehicle having flashing or revolving yellow lights. Respectfully submitted, Thomas W. tt, Jr Attorney G neral By: Senior Deput}~4~t6rney General Supreme Court No. 30986 VERIFICATION The facts set forth in this Answer and New Matter is true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn fals Dated: October 22, 2010 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: John R. Ninosky, Esquire Andrew J. Petsu, Jr., Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. BOX 1.09 Lemoyne, PA 17043 (Attorney for Plaintiff) Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 DATED: October 22, 2010 JOHNSON, DUFFIE STEWART & WEI!DNER By: John R. Ninosky, Esquire I.D. No. 78000 Andrew J. Petsu, 'Jr., Esquire I.D. No. 206495 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com 'I_ Counsel for Plaintiff _ LY f i ERIE INSURANCE, as subrogee of ALLEN WENGER, Plaintiff v COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant REPLY TO NEW MATTER NO. 10-5488 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Erie Insurance ("Erie"), as subrogee of Allen Wenger, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who files this Reply to Defendant's New Matter by respectfully stating the following: 14. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that all the defenses contained in the statutes referenced by Defendant are applicable to the present case. 15. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the defenses under Pa. R.C.P. §1030 are applicable to the present case. 16. Denied. The averments in this paragraph constitute conclusions of law to which IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA no response is required. In the event a response is deemed to be required, it is denied that Plaintiff is negligent per se based on a violation of 75 Pa. C.S. §3309. i WHEREFORE, Plaintiff, Erie Insurance, as subrogee of Allen Wenger, respectfully request that the New Matter of Defendant Commonwealth of Pennsylvania, Department of Transportation be dismissed and that judgment be entered in favor of the Plaintiff and against the Defendant. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. John R. Nin y, Esquire I.D. No. 78000 Andrew J. Petsu, Jr., Esquire I.D. No. 206495 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Email:jrn@jdsw.com ajp@jdsw.com Date: November 9, 2010 :420412 f VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Andrew J. Petsu, Jr., Esquire, states that he is the attorney for the parties filing the foregoing Reply to New Matterand that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ?-L Andrew J. Petsu, r., squire Attorney for Defendant Tappe Date: November 9, 2010 420839 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Reply to New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 9, 2010: Daniel R. Goodemote, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Sectoin 15th Floor, Strawberry Square Harrisburg, PA 17120 Counsel for PennDOT JOHNSON, DUFFIE, STEWART & WEIDNER By Andrew J. Pets Ir E FRO THONQc TAR 2012 JUL 12 PM 1: 4 9 CU"ERLAN,COUjgry PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 John A. Lucy, Esquire I.D. No. 203948 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com E-mail: jal@jdsw.com ERIE INSURANCE, as subrogee of ALLEN WENGER, Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: CIVIL ACTION - LAW JURY TRIAL DEMANDED Counsel for Pla Erie Insurance, subrogee of Allen Wenger, in the above-captioned matter. Please enter my appearance as co-counsel on beha he Plaintiff, JOHNSON, (?rl BY: f FIE, STEWART & WEIDNER ?r A. Lucy, Esquire Date: July 11, 2012 NO. 10-5488 Civil Term IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANI ttorney I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Co-Counsel for Plaintiff 504919 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance been duly served upon the following counsel of record, by depositing the same in the U States 1St Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on July, 11, 2012: Daniel R. Goodemote, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Counsel for PennDOT ERIE INSURANCE, as subrogee of ALLEN IN THE COURT OF COMMON PLEAS OF WENGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-5488 Civil Term V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant JURY TRIAL DEMANDED RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following brm w _ PETITION FOR APPOINTMENT OF ARBITRATORS ` rt txa ;- , r.') TO THE HONORABLE, THE JUDGES OF SAID COURT: John A. Lucy, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: C-1 =C) v 1. The above-captioned action is at issue. --? 2. The claim of the Plaintiff in the action is $8,263.97 There is no counterclaim in the action. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: John A. Lucy, Esquire - Counsel for Plaintiff Daniel R. Goodemote, Esquire - Counsel for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectful 1,, a Emitted, , DUFFIE, ST)EWAR . cy, Esquire (ID No. 203948) 3 1 M cet Street, P.O. Box 109 ne, Pennsylvania 17043-0109 .761.4540 4 al@jdsw.com 4-'? Asa ORDER OF COURT AND NOW, , 2013, in consideration of the foregoing petition, Esquire, and , Esquire, and Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court, Kevin A. Hess, P.J. 541012 Erie Insurance, as subrogee of Allen Wenger In the Court of Common Pleas of Cumberland Plaintiff Commonwealth of Pennsylvania, Department County, Pennsylvania No.10-5488- of Transportation Defendant Civil Action - Law. Oath We c10 solemnly swear(or affirm) that we will support, obey and defend the Constitution of the United States and the COnStltUtlOn of this Commonwealth and that we will discharge the duties o ' ur office wi fidel ity. Si-nature Sig ture 'i re Francis E. Marsh 1, JR. , EsgElizabeth Goldstin, Esq. Craig Kauzlarich, Esq. Name. (Chaii•nian) Name Name Dickie, McCamey & Chilcote Dilworth Paxson Abom & Kutulakis L.aw Firm Law Firm Law Firm 425 N. 21st. Street, Ste. 302 112 Market St. , Suite 800 2 West High Street /kddress Address Address Camp Hill, PA 17011 Harrisburg, PA _17101 Carlisle, PA 17013 City, -- Zip City, Zip City, Zip — Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ;arbitrator, dissents. (Insert name ifapplicable.) Date off learing: 5/15/2013 Date of Award: (Chairman) Notice of Entry of Award Noy tyre -- 7 ay of' /%-N A,// _ 20 f at _�_3� iYl., the abcrve -- — ' award ��as entered awn the docket and notice: thereof:�oiv y parties r ltl b ' mail to the parties ol- their attorneys, ;irf;itrators compensation to be paid L1011 appeal: - - -- -- ------- ------------- Prothonotary I)cllutr 1:7 1E..ED-rliIF 1C ' €Wf1= 7riit PROTHONOTARY 2013 MAY 17 PH 1- 35 �UMBERLAWO COUNTY PENNSYLVANIA /� ,�. ERIE INSURANCE, as subrogee of ALLEN IN THE COURT OF COMMON PLEAS OF WENGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-5488 Civil Term V. CIVIL ACTION-LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant JURY TRIAL DEMANDED RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following 6rn- __Q:K w PETITION FOR APPOINTMENT OF ARBITRATORS ri,;;i �S= tv TO THE HONORABLE,THE JUDGES OF SAID COURT: r,,> �3--n John A.Lucy,Esquire,counsel for the Plaintiff in the above action,respectfully represents that: =41C." The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is$8,263.97 There is no counterclaim in the action. , The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: John A.Lucy,Esquire-Counsel for Plaintiff Daniel R.Goodemote,Esquire-Counsel for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three(3) arbitrators to whom the case shall be submitted. Respectfull mined, Lr) JOH ON, DUFFLE,S WAR IDNER cy,Esquire(ID No.203948) 3 M et Street,P.O. Box 109 ne, Pennsylvania 17043-0109 c!)W .761A540 'a aoin x,54 P� al@jdsw.com QX T51;L1 ORDER OF COURT �* AND NOW, 2013, in consideration of the foregoing petition, 4,JAY,IL 0 1 Esquire, and La4hwzo)Esquire, and 4/ 61 141LA- Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court, Ke*fA.-Hess,P.J. W 541012