The URL can be used to link to this page

Home My WebLink About02-1183 NMOWENS, BARCAVAGE AND MCINROY, LL~ ~ ~ ~ ~~~~R Tl-~t~~OTARY BY: Matthew L. Owens, Esquire ~~~~ ~G~ + ~ Attorney LD. No. 76080 P~ 3~ ~ ~ 2000 Linglestown Road, Suite 303 "UP~B~~LA~~i~ COU~dT`r' Harrisburg, PA 17110 ~~~F~~~SY~.k~~~dlA (717) 909-2500 Attorney for 30 '/2 Street Partners, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. MARTIN, Plaintiff NO. 02-1183 CIVIL TERM v. CIVIL ACTION -LAW DENISE S. CUTHBERTSON, Defendant. PETITION FOR STATUS CONFERENCE Plaintiff instituted this case by filing a Complaint on or about May 20, 2002. This case is 8 years old and needs to be either tried or settled. 2. This case was previously listed for trial; however, a continuance was granted. 3. Plaintiff s attorney has withdrawn as counsel of record and according to letters from the Plaintiff to the undersigned defense counsel, the Plaintiff has been trying to secure new counsel but has been unsuccessful. 4. It is unfair for the Defendants to have to wait indefinitely for Plaintiff to secure counsel. 5. Therefore, Defendants respectfully request that this Honorable Court schedule a status conference and pursuant to that status conference, establish final discovery, motion, expert and trial deadlines. CP II PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) SCOTT R. MARTIN (Plaintiff) VS. DENISE S. CUTHBERTSON °iLEO-OFFICE O 11-HE PROTHONOTARY 2012 JAN -4 PM 1= 09 CUMBERLAND COUNTY PENNSYLVANIA (check one) X? Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials No. 02-1183 CIVIL Term Indicate the attorney who will try case for the party who files this praecipe: Matthew L. Owens, Esquire Indicate trial counsel for other parties if known: None- Plaintiff is pro se This case is ready for trial. ?11 Date: I Z 2.4 Signed: / VlKA ) Print Name: Matthew L. Owens, Esquire Attorney for: Defendant x % Oct f>4 ao? CXWA 15 WHEREFORE, Defendants respectfully request that their Petition for Status Conference be granted and a status conference be scheduled as soon as possible. OWENS BARCA DATE: /d 1 ~~ ~ ~ _ BY: MatthewZ. Owens, Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 t CERTIFICATE OF SERVICE I, Kara Straub, an employee of Owens Barcavage & McInroy, LLC, do hereby certify that on this ~~~ day of October, 2010, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Scott Martin 11434 Bunker Highway Eaton Rapids, MI 48827 Kara Straub OWENS,'~~BARCAVAGE AND MCINROY, LLC BY: Ma ew L. Owens, Esquire Attorney .D. No. 76080 2000 Lin estown Road, Suite 303 Hamsbur , PA 17110 (717) 909'. 2500 30 '/2 Street Partners, LLC F€l-~f~-~?~ F1~E =~~c~°~i ~! ~,~ 2~ J8 a,~4 •,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R.I MARTIN, Plaintiff v. DENISE S'E CUTHBERTSON, ~'i Defendant. N0.02-1183 CIVIL TERM CIVIL ACTION -LAW AMENDED PETITION FOR STATUS CONFERENCE 1. ', Plaintiff instituted this case by filing a Complaint on or about May 20, 2002. This case is 8 years old and needs to be either tried or settled. 2. '~ This case was previously listed for trial; however, a continuance was granted. 3. Plaintiff's attorney has withdrawn as counsel of record and according to letters from the PIt~intiff to the undersigned defense counsel, the Plaintiff has been trying to secure new counsel but ~as been unsuccessful. 4. ~, It is unfair for the Defendants to have to wait indefinite) for Plaintiff to secure Y counsel. 5. ', Therefore, Defendants respectfully request that this Honorable Court schedule a status confe ence and pursuant to that status conference, establish final discovery, motion, expert and trial dea lines. 6. Judge Oler, Jr. has ruled upon a prior Motion to Compel and Trial Listing and issued the at ached prior Orders identified as Exhibit "A ". 7. P1Kxintiff is pro se and cannot be reached by telephone. Indeed it has been difficult to with the Plaintiff. Plaintiff does not concur in the case being listed for trial at this time; howk'ver, the Defendants are only seeking to schedule a status conference. The Plaint has not been asked if he would concur in the scheduling of a status conference; however, the same is ne~essary to bring a close to this case. W~-IEREFORE, Defendants respectfully request that their Petition for Status Conference be granted] and a status conference be scheduled as soon as possible. OWENS BARCAV DATE: ~ (~ (7' BY: Matthew L'O~~Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 LLC. ~; ~ ~Z I$o' Il~ti~ SCOTT .MARTIN, IN THE COURT OF COMMON PLEAS OF Pl• intiff CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACT10N - LA W DENISE UTHBERTSON,: De -endant NO. 02-1183 CIVIL TERM ORDER OF COURT A NOW, this 17''' day of November, 2006, upon consideration of the attached letter from, Geoffrey S. McInroy, Esq., attorney for Defendant, and with the concurrence of Amy Ba Kubisiak, Esq., attorney for Plaintiff, the deadline for Plaintiff (Scott Martin) to submit t~o an Independent Medical Examination previously set to be completed before the end of $~Tovember, 2006, is hereby extended to December 13, 2006. BY THE COURT, Amy B. K bisiak, Esq. KIGER & LPERN 1404 GrantlBuilding Pittsburgh, ~'A 15219-2301 Attorney four Plaintiff Matthew L.~Owens, Esq. Geoffrey S. McInroy, Esq. 4 0 Crumb Mill Road uite B Harrisburg, I~'A 17102 Attorneys fc~r Defendant :rc r~u~ COPY FRCy~AA -R~Ct~~u T'~- whereof, I here tN~e set my nano the s~ai of said , Pa. L ~~ - ~ ~r ~~ R. MARTIN, IN TIIE COURT OF COMMON PLEAS OF laintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DENIS CUTHBERTSON,: efendant NO. 02-1183 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE it BEFORE OLER, J. ORDER OF COURT AMID NOW, this 24`x' day of October, 2006, upon consideration of (a) Defendant's Motion o Compel Plaintiff To Attend a Medical Examination, (b) Plaintiff's Answer to Defendan 's Motion To Compel Plaintiff To Attend a Medical Examination, (3} Defendan~l's Motion To Malce Rule Absolute, and (4} Defendant's praeeipe listing this issue for aargument court, the Rule issued on August 31, 2006, is made absolute, and Plaintiff kScott Martin) is hereby ordered to submit to an Independent Medical Examinati~On to be conducted by a medical doctor of Defendant's choosing to be completed! before the end of November, 2006, and this matter is stricken from the argument ~ourt list. Amy B. K~bisiak, Esq. KIGER & ~ LPERN 1404 Grant Building Pittsburgh, A 15219-2301 Attorney fa Plaintiff Matt w L. Owens, Esq. G ffrey S. McInroy, Esq. 200 Crum Mill Road Suite B Harrisburg, A 17102. Attorneys fa Defendant BIT THE COURT, ,, ~, t / i' r' ~./ ~--~. J~,'/Wesley Oler, Jr., 3. :rc i~ { SCOTT fit. MARTIN, P~aintiff ~' v. ~I DENISE{CUTHBERTSON, ~~'i I ~. ~ ~ ~ ! 1 C.~~i ~" IN THE COURT OF COMMON PLE F CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~ OCT 1 2 2006 1 NO. 02-1183 CIVIL TERM ~ ~ -..._ ... _ IN RE: DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT NOW, this 11 `~' day of October, 2006, upon consideration of the attached letter from Geoffrey S. Mclnroy, Esq., attorney for Defendant, the order of court dated October 6~ 2006, is hereby vacated. Defendant's Motion To Compel Plaintiff To Attend a Medical IEXaminatlon will be ruled on on the basis of the motion and answer submitted. BY THE COURT, Amy B. K bisiak, Esq. KIGER & LPERN 1404 Grant Building Pittsburgh, A 15219-2301 Attorney fob Plaintiff tthew L.I Owens, Esq. eoffrey S.~,McInroy, Esq. 4200 Crumb Mill Road Suite B Harrisburg, II A 17102 Attorneys f r Defendant :rc J. i~~~~ ~~ ~~`'~f OCT 1 0 X006 ~ IN THE COURT OF COMMON PLEAS II CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. `MARTIN, `` Plaintiff N0.02-1183 CIVIL TERM ~~ v. CIVIL ACTION -LAW DENISE S'I CLJTHBERTSON, Defendant ORDER ANI~ NOW, this ~ day of , 2006, upon review of the Motion of T~7efendant to Make the Rule Absolute, and the lack of response of Plaintiffs, it is hereby O ~ ERED and DECREED that the Rule is made absolute, and Plaintiff (Scott Martin) is hereby O ERED to submit to an Independent Medical Examination to be conducted by a medical doc~~ or of Defendant's choosing to be completed before the end of November, 2006. BY THE COURT: fs ~, I J. I ~Z~da - 0«9~ SCOTT ]~.. MARTIN, Pl ~ intiff v. DENISE ~. CUTHBERSTON De endant IN THE COURT OF COMM CUMBERLAND COUNTY, CIVIL ACTION -LAW NO. 02-1183 CIVIL TERM ORDER OF COURT ~__ ~ , _ .~ ~ ~ iL~ , LVANIA S EP - 5 2006 NOW, this 31S` day of August, 2006, upon consideration of Defendant's Motion Tp Compel Plaintiff Scott Martin To Attend an Independent Medical a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RUDE RETURNABLE within 10 days of service. Amy B. Kub s Kiger & Alp r 1404 Grant B Pittsburgh, P Attorney for Ma ew L. O 00 Crums Suite B Harrisburg, P~ Attorney for 1 :rc iak, Esq. lding 15219-2301 is, Esq. Road 17112 to Te~t~,,,,,,r.: - ; ~ _ BY THE COURT, SCOTT F~. MARTIN, I Plaintiff DENISEI consi J. S. CUTHBERTSON, Defendant j~1~J-vi~q~~ ~, ~~ . IN THE COURT OF COMMON PLEA~,~~F ,. CUMBERLAND COUNTY, PENNSYL~twpt~l~1~IA F~t~ ~ ~ ~QO~ F ` ~ 4 ~ ~ ;~~ €~~ _. CIVIL ACTION - LAW 02-1183 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of February, 2006, upon ration of the call of the Civil Trial List, and pursuant to an agre~ment of counsel at the call, this matter is stricken from the trill list, and counsel are directed to relist it for trial at their convenience. I By the Court, ~I i Amy B. K~ibisiak, Esquire 1404 Gra t Bldg. Pittsbur h, PA 15219-2301 For the laintiff Matthew Owens, Esquire 4200 Cru s Mill Rd., Ste. B. Harrisbu g, PA 17112-2899 For the efendant pcb <~_ ~~ ~) ~ CERTIFICATE OF SERVICE I, ~ara Straub, an employee of Owens Barcavage & McInroy, LLC, do hereby certify that on thi~l(~!• 'day of October, 2010, I served a copy of the foregoing document via First Class Unified States mail, postage prepaid as follows: Scott M in 11434 B er Highway Eaton Ran ds. MI 4$$27 Kara aub OCT 2 2 2010 OWENS, BARCAVAGE AND MCINROY, LLC BY: Matthew L. Owens, Esquire Attorney I.D. No. 76080 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 909-2500 Attorney for 30 Street Partners, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. MARTIN, Plaintiff V. DENISE S. CUTHBERTSON, Defendant. NO. 02-1183 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this -day of , 2010, upon Defendants Petition for Status Conference, a status conference is scheduled for )jAay of 20103 et- J. n = ' CD -11 ?a X01 Co I-Ely rnat LV-CL f4gin. cs IN THE COURT OF COMM E r, OF CUMBERLAND COUNT'; SCOTT R. MARTIN, Plaintiff 2,'L1:110 DEC -8 PMI 3: c' N46iPW-116AK7MILMI1M PENINSYL` ANI V. DENISE S. CUTHBERTSON, Defendant CIVIL ACTION - LAW CASE NO. 02-1183 As it pertains to: An automobile accident caused by Defendant DENISE S. CUTHBERTSON on March 11, 2000 resulting in injuries to Plaintiff Scott Robert Martin: WRIT OF PRAECIPE Please time stamp all pages of this mailing, then forwarding the one marked for whom I believe is the presiding judge in this case (unable to read signature, nothing in print), Judge J. Wesley Oler, Jr., to him (or the actual presiding judge if it is not Judge Oler), and the other is to be entered into the record of Case Number: 02-1183 the enclosed: "Duplicate" of the November 24, 2010 Letter to Matthew Owens, Esquire; The "duplicate" of the Affidavit of Notary Presentment accompanying the mailing of that letter of the same date; and A photocopy of judge's Order, from whom I assume is Judge November 7, 2010, requiring my presence for a Status Conference December 15, 2010. d' } h J OI ~ to chel '. d R( I -<> co .ar Y E:;J r-•? :x s.?t -?'r i Q ..1 ,. l Scott Robert Martin c/o 11434 Bunker Highway Eaton Rapids, Michigan, Republic non-domestic, without the U.S., near [ 48827 The Great Seal of Scott-Robert: Martin DUPLICATE November 24, 2010 Certified Mail No: 7008 2810 0001 1598 1595 Return Receipt Requested Matthew L. Owens, Attorney at Law OWENS BARCAVAGE & McINROY, LLC 2000 Linglestown Road Harrisburg, Pennsylvania 17110 RE: Scott Martin v. Denise Cuthbertson Cumberland County CCP, No. 02-1183 Claim No. AL 830134424-02 Vision No. LA 65787903 Date of Loss: 3/11/00 Your File NO. AL-800-1-2005 Response to your mailing of Judges Order NOTICE TO PRINCIPAL IS NOTICE TO AGENT / NOTICE TO AGENT IS NOTICE TO PRINCIPAL Mr. Owens, I have been advised by counsel that I may be compelled to remove the matter to Federal Court. For the record, regarding this case, it has now been ten years, eight months, 13 days since I, Scott Robert Martin, incurred injury by the Defendant, Denise Cuthbertson, March 11, 2000. For the record, I do NOT consent to a Status Conference at this time. Additionally, traveling the required distance of 1,061 miles round trip is a financial hardship at this time. Your response is required within ten (10) calendar days of your receipt of this mailing. The required recipient and mailing address is: Scott R. Martin c/o Susan Brown, Notary Public P.O. Box 69 Holt, MI 48842 Sincerely, 1=- T 6 -lO SwT obe Martin E . c/o 11434 Bunker Highway Eaton Rapids, Michigan, Republic non-domestic, without U.S., near [48827] The Great Seal of Scott Robert Martin DUPLICATE AFFIDAVIT OF NOTARY PRESENTMENT tl-a-- -10 CERTIFICATION OF MAILING NOTICE TO AGENT IS NOTICE TO PRINCIPAL, NOTICE TO PRINCIPAL IS NOTICE TO AGENT State of ss. County of Y=1 ) On this G day of - 20 ? o . for the purpose of verification, I, the undersigned Notary Public, being commissioned in the County and State noted above, do certify that Scott Robert Martin: appeared before me with the following documents listed below. I, the below signed notary, personally verified that these documents were placed in an envelope and sealed by me. They were sent by United States Post Office Certified Mail receipt number: 7008 2810 0001 1598 1595. Return Receipt Requested to: Matthew L Owens Attorney at Law: OWENS BARCAVAGE & McINROY. LLC: 2000 Linglestown Road: Harrisburg Pennsylvania 17110. Description of Item Scott Martin's response to Attorney Owens' correspondence, which included judges order dated October 12, 2010, related to PETITION FOR STATUS CONFERENCE 2. Copy of judges order dated November 7, 2010 3. Copy of PETITION FOR STATUS CONFERENCE WITNESS my hand and official seal. NOTARY PUBLIC DATE My commission expires: 45-- 3 Number of Pages SUSAN F. BROWN 20 10 NOTARY PUBLIC - STATE OF MICHIGAN COUNTY OF INGHAM My Commission Expires May 23 2012 lftfi2aiate of , The Certifying Notary is an independent contractor and not a paM to the claim. In fact the Certifying Notary is a Federal Witness pursuant to: TITLE 18. PART1. and CHAPTER 73, SEC 1512. Tampering with a witness, victim, or an informant. (b) Whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent - (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to - (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole„ or release pending judicial proceedings; shall be fined under this title or imprisoned not more than ten years, or both. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an Officer of The Executive Department.* Intimidating a Notary Public under color of law is a violation of Title 18, U.S. Code, Section 242, titled "Deprivation of Rights Under Color of Law," which primarily governs police misconduct investigations. This statue makes it a crime for any person acting under the color of law to willfully deprive any individual residing in the United States those rights protected the Constitution and U.S. laws. Other related federal statues include Title 18, U.S. Code, Section 241, "Conspiracy Against Rights"; Title 18, U.S. Code, Section 1512, "Obstruction of Justice"; and Title 18, U.S. Code, Section 1001. "False Statements." Federal statues generally restrict color of law investigations to official actions taken by police officers, federal agents, sheriffs deputies, correctional officers, and other public safety officials. However, off-duty officers who assert their official status also may face prosecution. In rare cases, the actions of security guards, private citizens, judges, defense attorneys, and prosecutors who willfully participate with federal, state or local law enforcement officials in the commission of color law violations within the purview of the federal statutes. *Postal Inspectors are federal law enforcement officers with investigative jurisdiction in all criminal matters involving the integrity of the mail and the security of the U.S. Postal Service. U.S. Postal Inspection Service, Security Investigations Service Center, 225 N Humphreys Blvd., 41h Floor, Memphis, TN 38161-0001. OCT22 OWENS, BARCAVAGE AND MCINROY, LLC BY: Matthew L. Owens, Esquire Attorney I.D. No. 76080 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 909-2500 Attorney for 30 %2 Street Partners, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. MARTIN, V. DENISE S. CUTHBERTSON, Defendant. CIVIL ACTION - LAW ORDER AND NOW, this 7 day of , 2010, upon Defendants' Petition for Status Conference, a status conference is scheduled for `-A-- J Aay of % Lr /")20103 2 ' J. r, -, c= N F`t Plaintiff NO. 02-1183 CIVIL TERM r- 4 SCOTT R. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND C OUNTY, PENNSYLVANIA v CIVIL ACTION i - LAW PV 1 NO. 02-1183 CIVIL TERM ri -?1 DENISE S. CUTHBERTSON, M Defendant XM > - -- C:) C-, IN RE : STATUS CONFERENCE ORDER OF COURT ' AND NOW, this 15th day of December, 2010, upon consideration of Defenda nt's Petition for Status Conference, and following a status confe rence held in the chambers of the undersigned judge, in which Plaintiff, Scott R. Martin, appeared representing himself, and Matthew L. Owens, Esquire, appeared on behalf of Defendant, and pursuant to an agreement of the parties, it is ordered and directed as follows: 1. The deposition of Dr. John T. Thompson of Arizona shall be conducted at Defendant's request within a period of 60 days from today's date; the parties have agreed that Plaintiff may appear in person at the deposition or by way of video teleconferencing equipment or by way of telephone; 2. All discovery shall be completed in this case within a period of 90 days from today's date; 3. Thereafter, either party may list the case for trial; and 4. The Court has indicated to Plaintiff, who is a resident of Michigan, that in the future he may participate in proceedings of this type by telephone if he so wishes. By the Court, Cott R. Martin 11434 Bunker Highway Eaton Rapids, MI 48827 Pro se Plaintiff X thew L. Owens, Esquire 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 For Defendant mae SCOTT R. MARTIN, Plaintiff V. DENISE CUTHBERTSON,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1183 CIVIL TERM ORDER OF COURT AND NOW, this 15'x' day of February, 2011, upon consideration of the attached letter from Geoffrey S. McInroy, Esq., a Rule is hereby issued upon Plaintiff to show cause why the request for an additional period of 60 days within which to schedule the deposition of Dr. John T. Thompson should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, /Scott R. Martin, Esq. c/o 11434 Bunker Highway Eaton Rapids, MI 48827 Plaintiff, pro Se /Matthew L. Owens, Esq. Geoffrey S. McInroy, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17102 Attorneys for Defendant J n - jed CAP` ,? f ?i ??Mx T..] C"= cn rv CD t SCOTT R. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 02-1183 CIVIL TERM DENISE S. CUTHBERTSON, Defendant V j S w IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the jury deliberation room of C ourtroom Number 6 before Thomas Placey in the above-captioned ca se on April 11, 2012. Plaintiff was no t present. However, pre sent on behalf of Defendant was Matthew L. Owens, Esquire. This is a personal injury case arising out of a car accident while crossing a street in New Cumberland and includes compensation for a knee injury suffered by Scott Martin. This will be a jury trial in which each side will have 3 peremptory challenges, for a total of 6. The Court's estimated duration of trial is 1 1/2 days maximum. Defense counsel has indicated scheduling concerns with respect to his client and her work schedule and is advised to contact the Court Administrator to discuss those concerns should they materialize. An initial day of trial is presently scheduled for April 23, 2012. Discussed at the conference was the possibility of filing a motion to non pros the case. If such a motion is filed it will remove this case from the trial list. Settlement negotiations have not been entered into in earnest as Plaintiff is nonresponsive. However, Defendant indicates the proposal for settlement would be $5,000. It does not appear that the case will be resolved amicably, through no lack of attempts by defense counsel. i, However, there are potential motions that may resolve it by operation of court order. By the Court, Thomas A. Placey C.P.J. Scott R. Martin 11434 Bunker Highway Eaton Rapids, MI 48827 Matthew L. Owens, Esquire 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 For Defendant Court Administrator :mae 1 CA jar C. its i} i0 "1 ONO 1A.F" OWENS, BARCAVAGE AND MCINROY, LLC - BY: Matthew L. Owens, Esquire ?, ,APP, PSI I , ?_ ? Attorney I.D. No. 76080 2595 Interstate Drive, Suite 101 COUNTY Harrisburg, PA 17110 PENNSYLVANIA (717) 909-2500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. MARTIN, Plaintiff NO. 02-1183 CIVIL TERM V. DENISE S. CUTHBERTSON, Defendant. CIVIL ACTION - LAW PRAECIPE TO REMOVE CASE FROM TRIAL LIST Dear Prothonotary: Kindly remove the above case from the trial list. Thank you. 1 Z DATE: 4/((, OWENS MCINF,OY, LLC. BY:./ v v. _. Matthew L. Owens, Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of Owens Barcavage & McInroy, LLC, do hereby certify that on this day of April, 2012, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Scott Martin 11434 Bunker Highway Eato Rapids, MI 48827 Su i Elmore 1 T E,JT,iJ ,10 TA `i LI/U PRAECIPE FOR LISTING CASE FOR TRIAL ¢ „ LEL 4.-;1-3 P 2: [P (Must be typewritten and submitted in triplicate) ``ii 3CRLANpD COUNTY TO THE PROTHONOTARY OF CUMBERLAND COUNTY - IN N S Y L VA N I A Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. ---------------------------------------------------------------------- -------------------------------- CAPTION OF CASE (entire caption must be stated in full) SCOTT R. MARTIN (check one) X? Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) VS. DENISE S. CUTHBERTSON vs. (Defendant) The trial list will be called on June 26, 2012 and Trials commence on July 23, 2012 Pretrials will be held on July 11, 2012 (Briefs are due S days before pretrials No 02-1183 CIVIL Term Indicate the attorney who will try case for the party who files this praecipe: Matthew L. Owens, Esquire Indicate trial counsel for other parties if known: None- Plaintiff is pro se This case is ready for trial. 4 z7/ 1 z Date. Print Name: Matthew L-. Esquire Defendant Attorney for: GtAA X99.750 a CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of Owens Barcavage & Mclnroy, LLC, do hereby certify that on this 27`h day of April, 2012, I served a copy of the foregoing Praecipe to List Case for Trial via First Class United States mail, postage prepaid as follows: Scott Martin 11434 Bunker Highway Eaton Rapids, MI 48827 ?#LE0-0F F1 E: '? ?'C? cYe THE P4ROT.7 1s0Nu .4ir OWENS, BARCAVAGE AND MCINROY, LLC BY: Matthew L. Owens, Esquire 2012 JUL 12 PM I : 07 Attorney I.D. No. 76080 CUMBERLAND YLC(?I?E?T'? 2595 Interstate Drive, Suite 101 PENNSYLVANIA Harrisburg, PA 17110 PENNSYLVANIA (717) 909-2500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. MARTIN, Plaintiff : NO. 02-1183 CIVIL TERM V. CIVIL ACTION - LAW DENISE S. CUTHBERTSON, Defendant. SUPPLEMENT TO DEFENDANT'S ORAL MOTION FOR NONSUIT AND NOW COMES Defendant, Denise S. Cuthbertson, by and through her attorneys Matthew L. Owens, Esquire and Owens, Barcavage & McInroy, LLC, and files this Motion avers as follows: 1. A Pre-Trial Conference was held in the jury assembly room in Cumberland County Courthouse Courtroom Number 6 before Judge Placey on July 11, 2012 at which Geoffrey S. McInroy, Esquire was present on behalf of the Defendant. 2. Defendant failed to appear for the Pre-Trial Conference without reason provided to the Court despite being properly served and receiving notice of the date and time of Pre-T Conference that had been scheduled by the Praecipe for Listing Case for Trial dated A 27, 2012 and served upon Plaintiff, as evidenced by a Certificate of Service which has been filed of record. A copy of proof of service is attached hereto as Exhibit "A". 3. The Plaintiff proceeds Pro Se and therefore his nonconcurrence is assumed and Local Rule 208.2(d) is superfluous. 4. A trial in the above captioned matter has been scheduled to begin on July 23, 2012 at 9:00 a.m. in the Cumberland County Courthouse. 5. Upon consideration of Defendant's Supplement to Defendant's Oral Motion for and based upon Plaintiff's failure to appear for the Pre-Trial, a Rule is issued upon Plaintiff to Show Cause why the matter should not be Dismissed with Prejudice due to Plaintiffs failure to appear. WHEREFORE, Defendant, Denise Cuthbertson, requests this Honorable Court to an Order granting the relief requested. OWENS q?KRCAVAGJ'AN11MfZ1NROY, LLC. DATE: 2 2_ BY: Matthew L. Owens, Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of Owens Barcavage & McInroy, LLC, do hereby that on this /t day of July, 2012, I served a copy of the foregoing document via First United States mail, postage prepaid as follows: Scott Martin 11434 Bunker Highway Eaton Rapids, MI 48827 !rn:.On 4, // C GSM Sunni Elmore EXHIBIT "A" • OWENS, ARCAVAGE f. C I N ROY, LLC A T T O R N E Y S AT L A W Direct Dial: 717-909-2500 Email: mlowens(a?centralpaattorne scorn April 27, 2012 Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square, Suite 100 Carlisle, PA 17013 RE: Scott Martin v. Denise Cuthbertson Cumberland County CCP, No. 02-1183 Our File No: AL-800-1-2005 Dear Sir or Madame: VVV/ MATTHEW Ly' 0A'EH5 S'EPHEN J;i BARCgVAGE GEOFFPE'Y #i. MCINRCY ANDREW T.1KRAVITZ BART W HdLMES OF COUNSEL WILLIAM T ULLV Enclosed please find an original and two (2) copies of a Praecipe for Listing Case for Trial in the above referenced case as well as the Certificate of Service. Please file the original and return the time-stamped copies to me in the enclosed self-addressed stamped envelope. Thank you for your assistance with this filing. Very Matthew L. Owens MLO/she Enclosures 2595 INTERSTATE DRIVE. SUITE 101 . HARRISBURG. PENNSYLVANIA 171 10 TELEPHONE: 717-909-2500 FACSIMILE: 717-909-2504 EMAIL: CENTRALPAA TTOR NEYS@COn1CA57.NET "E6. %AVµ••.,V.CENTPALPAA PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) SCOTT R. MARTIN ? Civil Action -Law ? Appeal from arbitration (other) (Plaintiff) vs. The trial list will be called on June 26, 2012 DENISE S. and CUTHBERTSON Trials commence on July 23, 2012 (Defendant) Pretrials will be held on July 11, 2012 vs. (Briefs are due S days before pretrials No. 02-1183 CIVIL Term TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Indicate the attorney who will try case for the party who files this praecipe: Matthew L. Owens, Esquire Indicate trial counsel for other parties if known: None- Plaintiff is pro se This case is ready for trial. 4 27?? Z Date: SitzneA: Print Name: Matthew L'.10wens, Esquire Attorney for: Defendant CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of Owens Barcavage & McInroy, LLC, do hereby that on this 270' day of April, 2012, I served a copy of the foregoing Praecipe to List Case for Trial via First Class United States mail, postage prepaid as follows: Scott Martin 11434 Bunker Highway Eaton Rapids, MI 48827 SCOTT R. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW DENISE S. CUTHBERTSON, Defendant NO. 2002-1183 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 11th day of July, 2012, followin a pretrial conference in the above-captioned matter that was hel in the jury deliberation room of Courtroom Number 6 with the undersigned judge presiding, at which Geoffrey S. McInroy, Esquire, was present on behalf of the Defendant, but Plaintiff failed to appear without reason provided to the Court despite is receiving notice of the date and time of the pretrial conference that had been scheduled by Praecipe for Listing Case for Trial dated April 27, 2012, and served upon Plaintiff, as evidenced by a Certificate of Service, which has been filed of record, and upon consideration of Defendant's oral motion for Nonsuit base upon Plaintiff's failure to be prepared for trial, a rule is issued upon Plaintiff to show cause why the matter should not be dismissed with prejudice due to Plaintiff's failure to appear. This Rule to Show Cause shall be decided under Pennsylvania Rules of Civil Procedure 206 and 218. Rule returnable within 10 days from the date o this order. If Plaintiff fails to file a response, Defendant may move for a Motion to Make Rule Absolute in the nature of a Motion for Nonsuit. Defendant is advised to submit a courtesy copy to the Court of any such motion. A trial in the above-captioned matter is i scheduled to begin on July 23, 2012, at 9:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. By the Court, Thomas A. lacey C.P.J. ? Scott R. Martin 11434 Bunker Highway Eaton Rapids, Michigan 48827 Plaintiff, pro se rnto L °F Geoffrey S. McInroy, Esquire P r ®7 2595 Interstate Drive r Suite 101 3> = n Harrisburg, PA 17110 z? ' Zic For Defendant D co Court Administrator : mae O®PIX5 ge?& OWENS, BARCAVAGE AND MCINROY, LLC BY: Geoffrey S. McInroy, Esquire Attorney I.D. No. 87876 2595 Interstate Drive, Suite 1.01 L". r2 JLI. 23 AN 6: t dl Harrisburg, PA 17110'cPh?'?-??l (717) 909-2500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. MARTIN, V. NO. 02-1183 CIVIL TERM Plaintiff : CIVIL ACTION - LAW DENISE S. CUTHBERTSON, Defendant. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Defendant, Denise S. Cuthbertson, by and through her attorneys, Owens, Barcavage & McInroy, LLC, and moves to make Rule absolute as follows: A Pre-Trial Conference was held in the jury assembly room in Cumberland County Courthouse Courtroom Number 6 before Judge Placey on July 11, 2012 at which Geoffrey S. McInroy, Esquire was present on behalf of the Defendant. 2. Defendant failed to appear for the Pre-Trial Conference without reason provided to the Court despite being properly served and receiving notice of the date and time of Conference that had been scheduled by the Praecipe for Listing Case for Trial dated April 27, 2012 and served upon Plaintiff, as evidenced by a Certificate of Service which has been filed of record. A copy of proof of service is attached hereto as Exhibit "A". 3. The Plaintiff proceeds Pro Se and therefore his noncurrence is assumed and Local Rule 208.2(d) is superfluous. 4. A trial in the above captioned matter has been scheduled to begin on July 23, 2012 at 9:00 a.m. in the Cumberland County Courthouse. 5. On July 11, 2012, a Rule to Show Cause was issued for the Plaintiff to show cause as to why, within ten (10) days from the date of this order, this matter should not be dismissed with prejudice due to Plaintiff's failure to appear. A copy of Order is attached hereto as Exhibit "B". 6. After having been duly served and notified of the Rule to Show Cause and no response having been received from the Plaintiff within the time provided therein, this Motion to Make the Rule Absolute is now ripe for resolution. WHEREFORE, Defendant, Denise S. Cuthbertson, moves this Honorable Court to Make the Rule Absolute and to enter an Order dismissing the above referenced matter with prejudice. OWENS BARCAVAGE AND MCINROY, LLC. DATE: 7 l2 BY: IN 87876 2595 Interstate Drive, S ' 101 Harrisburg, PA 17110 (717) 909-2500 CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of Owens Barcavage & McInroy, LLC, do hereby certify that on this rd day of July, 2012, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Scott Martin 11434 Bunker Highway Eaton Rapids, MI 48827 JA 4Emore EXHIBIT "A" PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. --------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) X1 Civil Action - Law SCOTT R. MARTIN ? Appeal from arbitration (other) (Plaintiff) vs. The trial list will be called on June 26, 2012 DENISE S. and CUTHBERTSON Trials commence on July 23, 2012 (Defendant) Pretrials will be held on July 11, 2012 vs. (Briefs are due S days before pretrials No. 02-1183 CIVIL Term Indicate the attorney who will try case for the party who files this praecipe: Matthew L. Owens, Esquire Indicate trial counsel for other parties if known: None- Plaintiff is pro se This case is ready for trial. Date:-4t 27/1 -z- Si Print Name: Matthew L: Owens, Esquire Attorney for: Defendant CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of Owens Barcavage & McInroy, LLC, do hereby certify that on this 27`" day of April., 2012, I served a copy of the foregoing Praecipe to List Case for Trial via First Class United States mail, postage prepaid as follows: Scott Martin 11434 Bunker Highway Eaton Rapids, MI 48827 EXHIBIT "B" SCOTT R. MARTIN, IN THE COURT OF COMMON PLEAS, OF Plaintiff CUMBERLAND COUNTY, PENNSYLITKrIA NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW DENISE S. CUTHBERTSON, Defendant NO. 2002-1183 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 11th day of July, 2012, following a pretrial conference in the above-captioned matter that was heR in the jury deliberation room of Courtroom Number 6 with the undersigned judge presiding, at which Geoffrey S. McInroy, Esquire, was present on behalf of the Defendant, but Plaintiff failed to appear without reason provided to the Court despite r is receiving notice of the date and time of the pretrial conference that had been scheduled by Praecipe for Listing Case for, Trial dated April 27, 2012, and served upon Plaintiff, as evidenced y a Certificate of Service, which has been filed of record, and upon consideration of Defendant's oral Motion for Nonsuit base upon Plaintiff's failure to be prepared for trial, a rule is issued upon Plaintiff to show cause why the matter should not dismissed with prejudice due to Plaintiff's failure to appear. This Rule to Show Cause shall be decided under Pennsylvania Rules of Civil Procedure 206 and 218. Rule returnable within 10 days from the date o this order. If Plaintiff fails to file a response, Defendant may move for a Motion to Make Rule Absolute in the nature of a Motion for Nonsuit. Defendant is advised to submit a courtesy copy to the Court of any such motion. A trial in the above-captioned matter is IL scheduled to begin on July 23, 2012, at 9:00 a.m., in the Cumberland County Courthouse, (:tie Courthouse Square, Carlisle, Pennsylvania. By the Court, i Thomas A. lacey C.P.J. Scott R. Martin 11434 Bunker Highway n "" c• Eaton Rapids, Michigan 48827 - a 00 Plaintiff, pro se xi rnm `" -' ? Geoffrey S. McInroy, Esquire > ? 2595 Interstate Drive -,C r:.' N oc Suite 101 Harrisburg, PA 17110 zo 3 • For Defendant D= o, c, i? Court Administrator - N :mae OppieS h J?? /Id`t?/Z t? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. MARTIN, Plaintiff V. DENISE S. CUTHBERTSON, Defendant. -jam AND NOW, this &-I' day of c--) .., rrj Cc ;z m T7 Cam=.. "rt _ -<X- w T%ft 2012, upon consideration of Defendant's Motion to Make Rule Absolute the above referenced matter with PREJUDICE, said Motion is hereby granted. Thomas A. Placey ' Common Pleas Judge Distribution:?MA L Otjewr, CSd Geoffrey S. McInroy, Esquire, 2595 Interstate Drive, Suite 101, Harrisburg, PA 17110 Scott Martin, 11434 Bunker Highway, Eaton Rapids, MI 48827 eePa es W,Q,Ie -7193/,,,),- AA- : NO. 02-1183 CIVIL TERM : CIVIL ACTION - LAW