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HomeMy WebLinkAbout10-6608 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor James J. Spak vs. Case Number Nicholas J. Balaban 2010-6608 SHERIFF'S RETURN OF SERVICE 11/05/2010 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: Nicholas J. Balaban, but was unable to locate him in hi,' bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Nicholas J. Balaban. Although The Lemoyne Postmaster is delivering the defendants mail to 911 Woodland Drive, Lemoyne, PA 17043, Nicholas J. Balaban advised Deputies through a telephone conversation he currently resides at 1930 Arlington Avenue, Pittsburgh, PA 19210. SHERIFF COST: $47.84 SO ANSWERS, November 05, 2010.- RON' ANDERSON, SHERIFF I I SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 JAMES J. SPAK and SUZANNE SPAK, Plaintiffs, V. NICHOLAS J. BALABAN, Defendant. Peter M. Good, Esquire pgoodn sasllp.com Jessica E. Mercy, Esquire jmerc n,saslip.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6608 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED C) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: =rTl ?c 0 In accordance with Pa. R. Civ. P. 401(b), please reinstate the attached Complaint originally filed on October 18, 2010 in the above-referenced matter as service upon Nicholas J. Balaban was not accomplished within 30 days of the filing date. The address for service of the Complaint upon Nicholas J. Balaban is 1930 Arlington Avenue, Pittsburgh, Allegheny County, Pennsylvania 15210. Respectfully submitted, Date: December j3,2010 P? AX131 SMIGEL, ANDERSON & SACKS, LLP By: P ter M. Good, Esquire I.D. #64316 Jessica E. Mercy, Esquire I.D. #206405 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiffs JAMES J. SPAK and SUZANNE SPAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : NO. /0 - "Coo NICHOLAS J. BALABAN, Defendant. CIVIL ACTION - AT LAW JURY TRIAL DEMANDED N O T I C E YOU ILA VE 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) clays after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may, be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TINS 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. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania Telephone number: 717-249-3166 77 w? JAMES J. SPAK and SUZANNE SPAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : NO. NICHOLAS J. BALABAN, CIVIL ACTION - AT LAW Defendant. JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notiftcaci6n 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 acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclwnada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds 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 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania Telephone number: 717-249-3166 SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 JAMES J. SPAK and SUZANNE SPAK, Plaintiffs, V. NICHOLAS J. BALABAN, Defendant. Peter M. Good, Esquire pgood sasllp.com Jessica E. Mercy, Esquire imercy4sasllp.corn Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - AT LAW JURY TRIAL, DEMANDED COMPLAINT AND NOW COME Plaintiffs James J. Spak ("Mr. Spak") and Suzanne Spak ("Mrs. Spak") (Collectively, "Plaintiffs"), by and through their undersigned counsel, Smigel, Anderson and Sacks, LLP, and file the within Complaint, averring as follows: 1. Plaintiffs are adult individuals who reside at 1321 Brewster Court, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant Nicholas J. Balaban (hereinafter referred to as "Defendant") is an adult individual who resides at 911 Woodland Drive, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The facts and occurrences hereinafter referred to took place on or about August 10, 2009, at the intersection of 16th Street and Simpson Ferry Road in New Cumberland, Pennsylvania. 4. At that time and place, Mr. Spak was driving his 2008 Honda Civic and was stopped at the red light at Simpson Ferry Road on 16th Street. 5. At that time and place, Defendant was driving his 1997 Ford Taurus traveling behind Mr. Spak on 16th Street. 6. Defendant rear-ended Mr. Spak's vehicle, thereby colliding with Mr. Spak's vehicle and causing serious damage to his vehicle and serious injuries to Mr. Spak. COUNTI Negligence James J. Spak v. Nicholas J Balaban 7. Plaintiffs hereby incorporate by reference paragraphs 1 through 6 of the within Complaint as if fully set forth herein. 8. As the driver of the Ford Taurus, Defendant had the duty to at all times: a. Exercise the ordinary care required of motorists while driving; and b. Have the vehicle under such control that it could be stopped before causing injury to any person. 9. Defendant breached that duty and his actions were negligent in that he: a. Failed to stop his vehicle from colliding with Mr. Spak's vehicle or otherwise avoid hitting Mr. Spak's vehicle; b. Failed to have his vehicle under proper and reasonable control; C. Failed to maintain a proper lookout and to observe what was occurring in front of and around his vehicle; d. Failed to maintain a safe and proper distance between his vehicle and Mr. Spak's vehicle; e. Failed to operate the brakes in such a manner so that his car could be stopped in time to avoid a collision; and f. Failed to exercise caution or care in approaching Mr. Spak's vehicle on 16a' Street. 2 10. Solely as a direct and proximate result of the negligent acts of Defendant, Mr. Spak sustained the following injuries all of which are or may be of a permanent and serious nature: a. Cervical sprain; b. Multiple contusions to his back and left shoulder; C. Pain in his back and hip; d. Pain in his neck and head as a result of whiplash and a concussion; and C. Lightheadedness, dizziness, nausea and difficulty in focusing; 11. By further reason of the collision, Mr. Spak has been damaged as follows: a. He has suffered and may continue to suffer lost earnings, which include, but are not limited to, regular wages, overtime wages, travel compensation and a promotion; b. He has been afflicted with pain, suffering, and inconvenience; C. He has suffered a loss of life's pleasures; and d. He has and may continue to be required to spend money for medicine, therapy and medical care. WHEREFORE, Plaintiffs James J. Spak and Suzanne Spak respectfully request that this Honorable Court enter judgment in their favor and against Defendant Nicholas J. Balaban in an amount in excess of this County's mandatory arbitration requirement, plus the costs of this action, attorneys' fees, and any such other relief that this Honorable Court may deem reasonable, just and proper. 3 COUNT II Negligence Per Se James J. Spak v. Nicholas J Bala,han 12. Plaintiffs hereby incorporate by reference paragraphs 1 through 11 of the within Complaint as if fully set forth herein. 13. On the date of the accident, Defendant had a duty under the Pennsylvania Motor Vehicle Code, 75 Pa. C.S.A. § 3101, et. seq. to: a. Not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway (75 Pa. C.S.A. § 3310 relating to Following too closely); b. Not drive his vehicle at a speed greater, than is reasonable and prudent under the conditions having regard for the actual and potential hazards then existing, nor at a speed greater than will permit him to bring his vehicle to a stop within the assured clear distance ahead (75 Pa. C.S.A. § 3361 relating to Driving vehicle at safe speed); and c. Not drive his vehicle with careless disregard for the safety of other persons or property (75 Pa. C.S.A. § 3714 relating to Careless driving). 14. Defendant committed negligence per se when he collided with Mr. Spak's vehicle in that he: a. Followed Mr. Spak's vehicle more closely than what was reasonable and prudent under the circumstances; b. Drove his vehicle at a speed that was greater than what was reasonable and prudent under the conditions at a speed greater than what: would permit him to bring his vehicle to a stop within the assured clear distance ahead; and 4 C. Drove his vehicle with careless disregard for the safety of Mr. Spak and his vehicle. 15. Solely as a direct and proximate result of the negligence per se of Defendant, Mr. Spak sustained the above-mentioned injuries and damages all of which are or may be of a permanent and serious nature. WHEREFORE, Plaintiffs James J. Spak and Suzanne Spak respectfully request that this Honorable Court enter judgment in their favor and against Defendant Nicholas J. Balaban in an amount in excess of this County's mandatory arbitration requirement, plus the costs of this action, attorneys' fees, and any such other relief that this Honorable Court may deem reasonable, just and proper. COUNT III Loss of Consortium Suzanne Spak v. Nicholas J. Balaban 16. Plaintiffs hereby incorporate by reference paragraphs 1 through 15 of the within Complaint as if fully set forth herein. 17. As a result of the injuries described supra, Mrs. Spak has sustained a loss of consortium and has been and may in the future be deprived of the care, companionship, and society of her husband, Mr. Spak, all of which have been to her great detriment. WHEREFORE, Plaintiffs James J. Spak and Suzanne Spak respectfully request that this Honorable Court enter judgment in their favor and against Defendant Nicholas J. Balaban in an amount in excess of this County's mandatory arbitration requirement, plus the costs of this action, attorneys' fees, and any such other relief that this Honorable Court may deem reasonable, just and proper. 5 Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP r,. Date: ,1 { Je f `s 1-, By: Peter M. Good, Esquire I.D. #64316 Jessica E. Mercy, Esquire I.D. #206405 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiffs 6 JAMES J. SPAK and SUZANNE SPAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NICHOLAS J. BALABAN, NO. CIVIL ACTION - AT LAW JURY TRIAL DEMANDED Defendant VERIFICATION I verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. } 1 te: s bate: Oct.. b w .J i- G?4 L" AV Suz e Spak, Plaintiff 1` C 4 F:\FILES\Clients\3050 Donegal\Current\642\3050.642.pra1 Revised: 1/14/11 10:08AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant D-OFFICE a-P 1 t i?"1 a E ;11 J011 14 PM 1: JM tiEF1ANJ C L}cf.?..,a. JAMES J. SPAK AND SUZANNE SPAK, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-6608 CIVIL ACTION - LAW NICHOLAS J. BALABAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON LAW OFFICES on behalf of the Defendant in the above matter. MARTSON LAW OFFICES '?)j ?,-, By Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: January 14, 2011 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Peter M. Good, Esquire SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3`d Floor 4431 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES By 1j Ami J. Th a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 14, 2011 f F:\FIl.ES\Clients\3050 Donegal\Current\642\3050.642.ans1 Revised: 1/14/11 10 : 3 5 AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant F1LF0-0F' h-' T# C'^? s l.eltal T;' ?'. (e 1 Wig ., IN 14 P "I:_NNS Y -VA ' JAMES J. SPAK AND SUZANNE SPAK, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NICHOLAS J. BALABAN, Defendant NO. 10-6608 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: JAMES J. SPAK AND SUZANNE SPAK, Plaintiff, and their attorney, PETER M. GOOD, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Nicholas J. Balaban, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiff s Complaint as follows: 1. Admitted. 2. Denied as stated. Defendant currently resides at 1930 Arlington Avenue, Pittsburgh, PA 19210. 3-17. Denied pursuant to Pa. R. C.P. 1029(e). WHEREFORE, Defendant demands judgment in his favor against Plaintiffs. NEW MATTER 18. It is believed that Plaintiff may have been comparatively negligent or assumed the risk of injury by operating their vehicle in a careless and negligent manner. 19. Defendant reserves the right to add additional New Matter based on information received from upcoming discovery in this case. 10 20. Plaintiffs' cause of action may be barred by the statute of limitations. 21. Plaintiffs' recovery, if any, may be diminished pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant demands judgment in his favor against Plaintiffs. MARTSON LAW OFFICES By q'i ?,- Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 14, 2011 Attorneys for Defendant 1 t VERIFICATION DANIEL K. DEARDORFF, ESQUIRE, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Defendant, Nicholas J. Balaban, in the within action, certifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel K. Deardorff, Esquire FARLES\Clients\3050 Donegal\Current\642\3050.642.ansl CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Peter M. Good, Esquire SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 MARTSON LAW O FICES By 04.1 Ami J. Th a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 14, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F I%,"Q_0 F 1C;~ Jody S Smith ?F Chief Deputy 20 1 JAN 12 AM 9: ' 7 Richard W Stewart Solicitor -JIMBERLA CM41J"'( rENNSYLV0,11A James J. Spak vs. Case Number Nicholas J. Balaban 2010-6608 SHERIFF'S RETURN OF SERVICE 12/20/2010 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: Nicholas J. Balaban, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Allegheny County, Pennsylvania to serve the within Complaint and Notice according to law. 12/30/2010 07:30 PM - Allegheny County Return: And now December 30, 2010 at 1020 hours I, John P. Durante, Sheriff of Allegheny 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: Nicholas J. Balaban by making known unto himself personally, at 1930 Arlington Avenue, Pittsburgh, Pennsylvania 15210 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 January 07, 2011 SO ANSWERS, RONh1 R ANDERSON, SHERIFF Direction sheet for Sheriff >4 William P Mullen ALLEGHENY COUNTY SHERIFF'S DEPARTMENT Sheriff 436 GRANT STREET PITTSBURGH, PA 15219-2496 PHONE (412) 350-4700 FAX (412) 350-6388 PLAINTIFF : James Spak DEFT : Nicholas Balaban GARNISHEE : /? ISTRICT: District 10 l l3f 1 ? MAW DRESS. Pittsburgh, PA 15210 /CITY WARD: Pittsburgh / 27 Originating County : Cumberland ATTY Name/ADDRESS :. PA ATTY PHONE : TYPE OF SERVICE : Page 1 of 1 Joseph A.Rizzo Chief Deputy CASE # : 2010-6608 EXPIRES : 1/18/2011 11:59:59 PM r SUMMONS/PRAECIPE SEIZURE OR POSSESSION NOTICE AND COMPLAINT REVIVAL OR SCI FA f INTERROGATORIES r EXECUTION - LEVY OR GARNISHEE 0 OTHER (- Personal r' Person In charge r Deputize (` Mail (- Posted r Other t Seize & Stored C First Class Mail (` Publication Service Address Direction : Now I, the SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of Court t . to this Writ and make return thereof according to law "--I&the ShaW instructed to take manual possession of the property? If "yes" bond in the amount of $ must be posted prior to levy." Sei ev, advertise and sell all the personal mgDerty of the defendant on the premises located at: MAKE MODEL ?± TOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERI F'S OFFICE USE ONLY I hereby CERTIFY and RETURN that on the 0 day of 20,010 at o'eiock,O/PM. Address Above/Address Below, County of Allama; ennsylvania 1 have ed in the manner Described below: Defendant(s) personally served [ ] Adult in charge of Defendant's residence who refused to give name or relationship [ ] Adult family member with whom said Defendant(s) reside(s). Name & Relationship [ ] Manager/Other person authorized to accept deliveries of U.S Mail [ ] Agent or person in charge of Defendant(s) office or usual place of business. [ ] Other [ ] Property Posted Defendant not found because:[ ] Moved [ ] Unknown [ ] No Answer [ ] Vacant [ ] Other [ ] Certified Mail [ ] Receipt [ ] Envelope Returned [ ] Neither Receipt or envelope; writ expired [ ] Regular Mail Why: You are hereby notified that on 20 , levy was made in the case of Possession/Sale has been set for 20_ at o'clock YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30-9:30 A.M. ATTEMPTS Additional Costs Due $, This is placed On Writ when returned to Civil Division.Please check before Satisfying ;%?, a-4, http://dcr.alleghenycounty.uslsheriffeasesIDirectionSheet.asp?WritID=COMPL&SEQ=1... 12/29/2010 SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 JAMES J. SPAK and SUZANNE SPAK, Plaintiffs, V. NICHOLAS J. BALABAN, Defendant. Peter M. Good, Esquire pgoodasaslln.com Jessica E. Mercy, Esquire jmercy(asaslip.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAEb CUMBERLAND COUNTY, fgNJAYQANIA rnw r C- ='71 .r • ,rn NO. 10-6608 cn??' • tv r ©° A CIVIL ACTION - AT LAW uc") ' FV -irn JURY TRIAL DEMANDED tv PLAINTIFFS' REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER AND NOW COME Plaintiffs James J. Spak and Suzanne Spak, by and through their undersigned counsel, Smigel, Anderson and Sacks, LLP, who file the following Reply to Defendant's Answer with New Matter and in support thereof avers as follows: 18. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 19. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 20. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 21. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Plaintiffs James J. Spak and Suzanne Spak respectfully request that this Honorable Court enter judgment in their favor and against Defendant Nicholas J. Balaban in an amount in excess of this County's mandatory arbitration requirement, plus the costs of this action, attorneys' fees, and any such other relief that this Honorable Court may deem reasonable, just and proper. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: January 2011 By: lerll- ?' Jav Peter M. Good, Esquire I.D. #64316 Jessica E. Mercy, Esquire I.D. #206405 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiffs 2 JAMES J. SPAK and SUZANNE SPAK, Plaintiffs, V. NICHOLAS J. BALABAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6608 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiffs in the above-captioned matter, certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Daniel K. Deardorff, Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Defendant Date: January T, 2011 SMIGEL, ANDERSON & SACKS, L.L.P. By: A W Peter M. ood, Esquire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs Y JAMES J. SPAK and SUZANNE SPAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, , ., V. NO. 10-6608 NICHOLAS J. BALABAN, CIVIL ACTION -- AT LAW - Defendant. JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2011, in consideration of the foregoing Petition, , Esq., Es and sq. are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: P.J. Distribution: ? Peter M. Good, Esq., Smigel, Anderson & Sacks, LLP, 4431 N. Front St., Harrisburg, PA 17110 Daniel K. Deardorff, Esq., Martson Deardorff Williams Otto Gilroy & Faller, Martson Law Offices, 10 East High St., Carlisle, PA 17013 JAMES J. SPAK and SUZANNE SPAK Plaintiffs NICHOLAS J. BALABAN Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 10 - 6608 Civil Action - Law. Oath We do sol ly swear (or affirm) that we will support, obey and defend the Constitution of the United States and o titution of this Commonwealth and that we will discharge the duties our o ice wit fidelity. Z(4 61?(/ (2 S? S n Signature I.J Signature Rob Bleecher Name (Chairman) Pecht & Associates, PC Law Firm 1205 Manor Drive, Suite 200 Address Andrew Sheely Name Law Firm 127 S. Market St., P.O. Box 95 Address Tiffany M. Cartwright Name Salzmann Hughes, P.C. Law Firm 354 Alexander Spring Rd. Suite 1 Address Mechanicsburg, PA 17055 Mechanicsburg, PA 17055-0095 Carlisle, PA 17015 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: n (Note: If damages for delay are awarded, they shall be separately stated.) Y` 1 U Q Axoc-?,k C/D Afbi;;s or. dissents. (Insert name. if anniirahIp 1 Date of Hearing: / I Date of Award: h ( ct.? (?? Notice of Entry of Award (Chairman) Now, the 1 day of _, 2011, at L2 / L / 0 .M., the above award was entered upon the docket and notice tfieregf given by mail to the parties or their attorneys. Arbitrators' compensate n to be paid u n appeal Pro onotary Deputy SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center, 3rd Floor pgoodQ)sasih) com 4431 North Front Street Harrisburg, PA 17110 Jessica E. Mercy, Esquire (717) 234-2401 itnercvna,sasllp.com Attorneys for Plaintiffs JAMES J. SPAK and SUZANNE SPAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, ; V. NO. 10-6608 NICHOLAS J. BALABAN, CIVIL ACTION - AT LAW Defendant. JURY TRIAL DEMANDED c -:,1 PRAECIPE TO SETTLE/DISCONTINUE TO THE PROTHONOTARY: .?A N Please mark this action settled, dismissed, and discontinued with prejudice --4 O . = C .. --i Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: 8/31/2011 By: Peter M. Good, Esquire ID #64316 Jessica E. Mercy, Esquire ID#206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a copy of the Praecipe to Settle/Discontinue was served upon the following, by hand delivery as follows: Daniel K. Deardorff, Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Defendant SMIGEL, ANDERSON & SACKS, LLP By:... )?? Date: 8/31/2011 ter M. Good, Esquire I.D. #64316 Jessica E. Mercy, Esquire ID #206405 River Chase Office Center, 3rd Flr. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs