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HomeMy WebLinkAbout11-1576IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0- (S46 Ci yi f Terw? CIVIL ACTION - LAW CHARLES URICH and MARY URICH, his wife 1406 Viewmore Drive Carlisle, PA 17015 THOMAS E. BENNETT, II 225 South High Street Apartment C Mechanicsburg, PA 17055 JURY TRIAL DEMANDED Plaintiffs versus Defendant PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to Sheriff. Joseph M. Melillo, Esquire I.D. No. 26211 Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 C3 C r -? y O --tom y.r, a r act orn 'I S' a e of Attorney J . Dated: 0,,2 i u q /! ( aC??a??q ? ??.94 q v 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-157 CIVIL ACTION - LAW CHARLES URICH and MARY URICH, his wife 1406 Viewmore Drive Carlisle, PA 17015 THOMAS E. BENNETT, II 225 South High Street Apartment C Mechanicsburg, PA 17055 JURY TRIAL DEMANDED Plaintiffs versus Defendant WRIT OF SUMMONS Prothonotary Dated:-yq Deputy TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT CHARLES AND MARY URICH HAVE COMMENCED AN ACTION AGAINST YOU. 1 _D-?1F-Fic,- p PROTHONOiAR i LG11 MAP, -2 PM 1: 33 (- ERLAND COUNTY CHARLES URICH and NNSYLVANIA IN THE COURT OF COMMON PLEAS URICH, his wife, Plaintiffs NO. 11-1576 CIVIL V. : CIVIL ACTION - LAW THOMAS E. BENNETT, II, Defendant JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS Please reinstate/reissue the Writ of Summons in this matter so that service may be completed against Defendant. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP L,o?,v/,z/ Jo h?. Melillo, Esquire 1. . No. 26211 Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Date: 03/01/11 12* ?y7 = =} - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . -L -- r n =m 71 _..., -?; F_f1F Sheriff _ +i?, i'. ,,,?frr r x, :) Jody S Smith <<„o t 21 ` C -R Chief Deputy Richard W Stewart ; . Solicitor _ Charles Urich Case Number vs. 2011-1576 Thomas Bennett, II SHERIFF'S RETURN OF SERVICE 02/22/2011 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: Thomas Bennett II, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Thomas Bennett II. Request for service at 225 S. High Street, Apartment C, Mechanicsburg, Pennsylvania 17055 the defendant was not found. The Mechanicsburg Postmaster has confirmed, Thomas Bennett II is not known at 225 S. High Street, Apartment C, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $42.44 February 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, his wife, Plaintiffs No. 11-1576 Civil Term V. THOMAS E. BENNETT, II, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Thomas E. Bennett, II, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS t Date: March 2011 By: MICHAEL B. SCHEIB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone(717)757-7602 Fax (717) 757-3783 rnw z-,i Mscheibggslsc.com z -0 Attorney for Defendant, cn r' :33 0 Thomas E. Bennett, II '<b CD ' ?, ^? C) m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, No. 11-1576 Civil Term his wife, Plaintiffs V. CIVIL ACTION - LAW THOMAS E. BENNETT, II, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _ day of March, 2011, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Joseph Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 By. MI H L B. S HEIB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibggslsc.com Attorney for Defendant, Thomas E. Bennett, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, No. 11-1576 Civil Term his wife, Plaintiffs c ? `n v. CIVIL ACTION - LAW xrn ? =m cn M 6 THOMAS E. BENNETT, II, A ° Defendant JURY TRIAL DEMANDED CD - = c- C) 0 Z ? n PRAECIPE C r3 ° rn Cn TO THE PROTHONOTARY: Please enter a Rule upon Charles Urich and Mary Urich, Plaintiffs, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CA KINS 31 , 2011 Date: March By: CHAEL B. SCHEIB, ESQ IRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibgy,slsc.com Attorney for Defendant, Thomas E. Bennett, II NOW, 2011, RULE ISSUED AS ABOVE. Prot notary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, his wife, Plaintiffs No. 11-1576 Civil Term V. THOMAS E. BENNETT, II, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _ day of *?hh, 2011, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Interrogatories of Defendant to Plaintiffs, Set No. 2, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: c -0 3 Joseph Melillo, Esquire rn Navitsky, Olson & Wisneski, LLP , 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 ° (Attorney for Plaintiffs) =o c GRIFFITH, STRICKLER, LERMAN;< SOLYMOS & CALKINS By: PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibnu,izslsc.com Attorney for Defendant, Thomas E. Bennett, II a -v cri a rv rnF rorn Mc? C) ::- c? -1--n C) -n rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, his wife, Plaintiffs No. 11-1576 Civil Term V. THOMAS E. BENNETT, II, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 41% day of 49ch, 2011, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Interrogatories/Request for Production of Documents of Defendant to Plaintiffs, Set No. 1, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: 3 = --i ? rnc0 :0% Joseph Melillo, Esquire r- -urn Navitsky, Olson & Wisneski, LLP -;' 4n C>C, 2040 Linglestown Road, Suite 303 x, Harrisburg, PA 17110 =C:'- C)n M (Attorney for Plaintiffs) ? (- ' 74 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MIC AEL B. SCH IB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheiba,eslsc.com Attorney for Defendant, Thomas E. Bennett, 11 CHARLES URICH and MARY URICH, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 11-1576 CIVIL V. THOMAS E. BENNETT, II, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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 an 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 C-n m ?= r-- ?; C3 S_ 'rY CHARLES URICH and MARY URICH, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 11-1576 CIVIL V. THOMAS E. BENNETT, II, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensac16n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 CHARLES URICH and MARY IN THE COURT OF COMMON PLEAS URICH, his wife, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 11-1576 CIVIL V. CIVIL ACTION - LAW THOMAS E. BENNETT, Il, Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Charles Urich and Mary Urich, are husband and wife and adult residents of Cumberland County, Pennsylvania. 2. The Defendant, Thomas E. Bennett, II, is an adult individual, who at all relevant times was operating a motor vehicle within Cumberland County, Pennsylvania. 3. On or about March 6, 2009, at about 2:30 in the afternoon, Plaintiff, Charles Urich, was lawfully operating a motor vehicle Westbound on Simpson Ferry Road, and passed through its intersection with South Filbert Road. 4. Traffic was heavy at that time of day, had backed up at the next light, causing the Plaintiff to bring his vehicle to a complete stop. 5. The Defendant, Thomas E. Bennett, II, was also operating a vehicle Westbound on Simpson Ferry Road behind the Plaintiff. 6. Although traffic was backed up and stopped in front of Mr. Bennett's vehicle, he continued to drive his vehicle Westbound, and forcefully impacted the rear of the vehicle driven by Plaintiff, Charles Urich. 7. All of the Plaintiffs' damages as hereinafter related are the direct and proximate result of the negligence of Defendant Bennett in that he: 1) Failed to yield the assured cleared distance ahead. 2) Failed to keep proper control over his vehicle. 3) Failed to keep a proper look out for vehicles that had slowed or stopped due to traffic conditions. 4) Failed to initiate any adequate breaking sequence in time to bring his vehicle to a stop before impacting Plaintiffs' vehicle. 5) Failed to properly observe the slowing traffic pattern ahead of him. 6) Failed to exercise adequate caution while driving in heavy traffic conditions. COUNTI CHARLES URICH V. THOMAS E. BENNETT, II S. Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as if set forth at length. 9. As a result of Defendant's negligence as herein before related, Plaintiff, Charles Urich, has suffered significant injuries which are, or may, become permanent, and which include but are not limited to the following: 1) Head, neck, back, right chest wall, thoracic, and rib trauma. 10. As a direct and proximate result of Defendant's negligence as stated herein, Plaintiff has incurred, and in the future may incur, medical bills and expenses, and claim is made therefor, to the extent allowed by law. 11. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Urich has undergone, and in the future will undergo, great physical and mental pain and 2 suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 12. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Urich has been, and in the future will be, subject to great humiliation and embarrassment, and claim is made therefor. 13. As a direct and proximate result of Defendant's negligence as stated herein, Mr.. Urich will continue to have medical problems which may require future medical treatment, and claim is made therefor. 14. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Urich may suffer lost wages and decreased earning capacity, and claim is made therefor. WHEREFORE, Plaintiff, Charles Urich, demands judgment against Defendant, Thomas E. Bennett, Il, for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II MARY URICH V. THOMAS E. BENNETT, II 15. Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as if set forth at length. 16. As a direct and proximate result of Defendant's negligence and the injuries sustained by Plaintiff, Charles Urich, as set forth above, Mary Urich has been, and in the future may be, deprived of the companionship, support, services, society, and consortium of her husband, and claim is made therefor. 3 WHEREFORE, Plaintiff, Mary Urich, demands judgment against Defendant, Thomas E. Bennett, II, for compensatory damages in an amount in excess of Fifty Thousand Dollars (550,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP , . Melillo J .p L I.L. No. 26211 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 jmelillo a,nowllp.com Counsel for Plaintiffs Date: Apri120, 2011 4 VERIFICATION We, Charles Urich and Mary Urich, verify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that this verification is made subject to the provisions of 18 Pa. C.S. §4904, relating to the unsworn falsification to authorities. CVwJJa ?.? Charles Urich ary Urich bate: 4if Iq-111 CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP, hereby certify that a true and correct copy of the foregoing Complaint was served upon the following person via first-class United States mail, postage prepaid on April 20, 2011: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Counsel for Defendant Lois Stauffer CHARLES URICH and MARY IN THE COURT OF COMMON PLEAS URICH, his wife, CUMBERLAND CO., PENNSY.]?VArNIA,--:-, Plaintiffs -4 NO. 11-1576 CIVIL mom : rn V. ZZ"? CIVIL ACTION - LAW nr- r*J? c.77c' THOMAS E. BENNETT, Il, rC ?» Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTERa 'r AND NOW, come the Plaintiffs, Charles Urich and Mary Urich, his wife, by and through their attorneys, Navitsky, Olson & Wisneski LLP, and hereby enter the following Reply to Defendant's New Matter to Plaintiffs' Complaint: 17. No reply required. 18. Denied. Defendant states a conclusion of law to which no response is required. 19. Denied. The full tort option was in effect on Plaintiffs' auto insurance policy as of the date of the accident that is the subject of this litigation. 29, Denied. Plaintiffs' injuries were caused by the act and omissions of the named Defendant for the reasons that are in the Complaint. 21. Denied. Plaintiffs' injuries were caused by the subject accident as set out in the Complaint. 22. Denied. Plaintiffs' injuries were caused by the conduct of Defendant for the reasons set out in the Complaint. 23. Defendant states a conclusion of law to which no response is required. 24. Denied. Defendant states a conclusion of law to which no response is required. WHEREFORE, Plaintiffs respectfully request that the New Matter of Defendant be dismissed, and that judgment be entered in favor of the Plaintiffs. Respectfully submitted, NAVITSKY, OL ON & WISkESKI LLP Joseph . Mel to I.D. No. 26211 David S. Wisneski I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 jmelillo(D,nowllp.com dwi sneskiAnowllp. com Counsel for Plaintiffs Date: May 26, 2011 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss I, David S. Wisneski, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiffs and that I am authorized to make this Affidavit on behalf of said Plaintiffs, and that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiffs. Date: OS??C? 11 David S. Wisnes i Sworn to and subscribed before me this A&A day of Mali, , 2011. Notary Public My Commission expires: CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP, hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon the following person via first-class United States mail, postage prepaid on May 26, 2011: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Counsel for Defendant A?, 2&"_M Lois Stauffer CHARLES URICH and IN THE COURT OF COMMON PLEAS OF MARY URICH, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW THOMAS E. BENNETT, II, Defendant 11-1576 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 23rd day of April, 2013, the parties being in agreement that this matter should be continued, it is hereby continued to the next trial list for either side to relist it . By the Court, 1 fiZ4 Chris `y ee L. Peck, J. Joseph M. Melillo, Esquire 4114' For the Plaintiffs Qn� Michael B. Scheib, Esquire For the Defendant pcb r- C -> r A fi« CJ _s- PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE jentire caption must be stated in full.' CHARLES URICH and MARY URICH, (Plaintiff) vs. THOMAS E. BENNETT, II, (Defendant) vs. (check one) Civil Action — Law ['Appeal from arbitration (other) No. 11 -1576 Civil Term The trial list will be called on June 17, 2014 and Pretrials will be held on July 2, 2014 (Briefs are due 5 days before pretrials) Trials commence on July 14, 2014 Indicate the attorney who will try case for the party who files this praecipe: Michael B. Scheib, Esquire Indicate trial counsel for other parties if known: Joseph M. Melillo, Esquire This case is ready for trial. Date: k Ap.1'�i) 15, 0 Signed: it> iTK `��� 0 Print Name: f(/ichael =. Scheib, squire Attorney for: Defendant a rth PO Frri 08'1(43 PRO Ulf.HOHO /' 2OR ,.JUr1 18 [Y 1'1 k� CUMBERLAND COUNT G. PENNSYLVANIA ou MyT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, No. 11-1576 Civil Term his wife, Plaintiffs v. CIVIL ACTION — LAW THOMAS E. BENNETT, II, Defendant JURY TRIAL DEMANDED RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael B. Scheib, Esquire , counsel for the defendant in the above action, respectfully Represents that: 1. The above -captioned action is at issue. 2. The claim of plaintiff in the action is less than $50,000.00. The counterclaim of the defendant in the action is $ The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Michael B. Scheib, Esquire and Joseph Melillo, Esquire ao-ksD5?, TA, ejLA s'75-39 20ya3 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLY OS & LKINS By: MICHAEL B. S H IB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib@gslsc.com Attorney for Defendant, Thomas E. Bennett, II ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, KEVIN A. HESS, P.J. t t, t , dl. 11,_.fll ll i c 011 tA , :_. f '1 i 'i3.; Ire ��] k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, • No. 11-1576 Civil Term • his wife, Plaintiffs v. • CIVIL ACTION—LAW • THOMAS E. BENNETT, II, • Defendant • JURY TRIAL DEMANDED RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael B. Scheib, Esquire , counsel for the defendant in the above action,respectfully Represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is less than $50,000.00. The counterclaim of the defendant in the action is $ The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Michael B. Scheib, Esquire and Joseph Melillo, Esquire r' . ., WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLY OS & LKINS 7q \ By: �... MICHAEL B. S HIB, ESQUIRE PA 63868 x 110 South Northern Way �' York, PA 17402-3737 Y Phone (717) 757-7602 Fax (717) 757-3783 ` Mscheib(a�gslsc.com r Attorney for Defendant, Thomas E. Bennett, II ORDER OF COURT AND NOW, I. ., : a , 2f1/1, in consideration f the foregoing i petition, p� - � .� , Esq., and Esq., and • , / - ' / Esq., are appointed arbitrators in the above captioned tion as prayed for. By the Court, • /0/44. - A. HESS, P.J. c C' �/i 1. p ' 44,2_44,,, /444;,-,--(4.1 II/-)3/Y -� ..._ ^'amu_. ,e/e-i a- Q3 cJ Q cc r-4 5 cwt CHARLES URICH and MARY URICH, his wife PLAINTIFFS Vs. : lN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 11-1576 Civil Term THOMAS E. BENNETT, II, : CIVIL ACTION — LAW DEFENDANT : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 2nd day of July, 2014, I served the attached notice (the "Notice") by first class mail, postage prepaid, addressed to Joseph M. Melillo, Esquire, and Michael B. Scheib, Esquire, at the addresses set forth on the Notice. Date: July 2, 2014 Karl . Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 rri C= 1 a 4 KARL M. LEDEBOHM ATTORNEY -AT LAW P.O. Box 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 Of Counsel: Richard P. Mislitsky, Esq.* July 2, 2014 Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Re: Charles & Mary Urich v. Thomas E. Bennett, II No. 11-1576 Civil Greetings: I am the appointed chair of the Arbitration Panel in the above matter. The date, time and place scheduled for the Arbitration is: Thursday, September 4, 2014 9:30 a.m. Old Courthouse 2" Floor Hearing Room One Courthouse Square Carlisle, PA 17013 THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED ABOVE, BUT IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD *Also practices independently as Richard P. Mislitsky, Esq. AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE. KML/11 Cc: Jo Ann Mitchell, Esquire Elizabeth Goldstein, Esquire CHARLES URICH and MARY URICH, his wife PLAINTIFFS Vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 11-1576 Civil Term THOMAS E. BENNETT, II, : CIVIL ACTION — LAW DEFENDANT : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 17th day of July, 2014, I served the attached notice (the "Notice") by first class mail, postage prepaid, addressed to Joseph M. Melillo, Esquire, and Michael B. Scheib, Esquire, at the addresses set forth on the Notice. Date: July 18, 2014 Respect ' lly g%itted, arl Ledebo , Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 1.-- -.< .1s rV , r7 ('--.g n.) cJ C© -.1 An x ZY`, 2;C • --i• KARL M. LEDEBOHM ATTORNEY -AT LAW P.O. Box 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 Of Counsel: Richard P. Mislitsky, Esq.* July 17, 2014 Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Re: Charles & Mary Urich v. Thomas E. Bennett, II No. 11-1576 Civil Greetings: Please note that by agreement of the parties, the prior date of September 4, 2014 for the Arbitration in this matter has been vacated. The new date, time and place scheduled for the Arbitration is: Thursday, September 18, 2014 10:00 a.m. Old Courthouse 2nd Floor Hearing Room One Courthouse Square Carlisle, PA 17013 THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED ABOVE, BUT IF ONE OR MORE OF THE *Also practices independently as Richard P. Mislitsky, Esq. PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE. KML/11 Cc: Jo Ann Mitchell, Esquire Elizabeth Goldstein, Esquire curs 411 S PENNSYLVANIA ERLA' ENNS YL VANIAFg i y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, No. 11-1576 Civil Term his wife, Plaintiffs v. CIVIL ACTION— LAW THOMAS E. BENNETT, II, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Joseph F. Murphy, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Thomas E. Bennett, II, in the above -captioned matter and mark the docket accordingly. Dated: , 2014 By: GRIFFITH, STRICKLER, LERMAN,. SOLYMOS & CALKINS JOS. ''` F. MURP 7, E �I IRE Atto ey I.D. #7811 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 imurphy@,gslsc.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, No. 11-1576 Civil Term his wife, Plaintiffs v. CIVIL ACTION — LAW THOMAS E. BENNETT, II, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this j "l/% day of , 2014, I, Joseph F. Murphy, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: Joseph M. Melillo, Esquire Navitzky, Olson, and Wisnewski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS; JO '% F. RP A ey I.D. #781 9 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 imurphy@gslsc.com Attorney for Defendant UIRE 1 -toe% , E. e,r,e. y �1 We do s and h em w swear Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. it - f l` Civil Action — Law. Oath or affirm) that we will support, obey and defend the Constitution of the United States onwealth and that we will discharge the duties o our office with fidelity. ignat re I/LM.LEhr-It Name (Chairman) Law Firm Signature El !to %h CriIcls161 Name U 1 l wc✓4-11 tea,& -' Law Firm a Po 13o K l -3 2 N Seccild iSW,Ie II oo Address Address IJa. nc6wj QA City, Zip 09-3 City, I-1Iol Zip nature M Rx,f3 cT���'—. Name Law Firm Address eitiAP PA (16/( 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.) (` � S 000 . v 0 96-40v- 0 pig..:, �; �� ot,,,,� �ti,A f- � r 4)e_C,.Aa 0d1 C_00 et 4 . .Arbitrat dissents. (Insert name if applicable.) Date of Hearing: V14120111 Date of Award: q/, ci/ 2.17 / (Chas an Notice of Entry of Award Now, the 441 day of cy ; + , , 20 / 4/ , at l a. ag P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' •mpeation to be paid upon appeal: $ •SZ) Prothonotary By: Deputy ED-OFFICL E P OT ONO is"' 20 1 I, SEP 18 P1112: 28 CUMBERLAND COUNTY PENNSYLVANIA s911 ' /,Ik, 111:44;1 8 ILED-OFF, THE PRO 2014 OCT -3 r NL. Li Li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES URICH and MARY URICH, No. 11-1576 Civil Term his wife, Plaintiffs v. CIVIL ACTION — LAW THOMAS E. BENNETT, Defendant PRAECIPE TO SETTLE, SATISFY, DISCONTINUE & END TO THE PROTHONOTARY: Please mark the Arbitration Award satisfied and docket settled, discontinued and ended, in the above -captioned action. Dated: 01 0a/301(-4 R?Z cze,(4fe . Melillo, Esquire ounsel for Plaintiff:s