HomeMy WebLinkAbout04-4123ROBERT SPICHER,
Plaintiff
V9.
NANCY EPPLEY,
Defendant
N O T I C E
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 61/ y??3 C./Utl?? " "I
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
T O D E F E N D
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing
in writing with the court your 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
2 LIBERTY AVENUE
CARLISLE PA 17013
717-24?-3166
ren L. oen g erg
ttorney for Plaintiff
ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. fl ?' y/ z3
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES, Plaintiff, Robert Spicher, by and through
attorneys, Karen L. Koenigsberg and Dissinger and Dissinger
avers as follows:
1. Plaintiff, Robert Spicher, is an adult individual
citizen of the Commonwealth of Pennsylvania, who resides i
Buffalo, Perry County, Pennsylvania.
2. Defendant, Nancy Eppley, is an adult individual and c
of the Commonwealth of Pennsylvania who resides at 1165
Boulevard, Mechanicsburg, Cumberland County, Pennsylvania.
3. The facts and occurrences hereinafter related to
on or about August 23, 2002, at approximately 3:48 o'cloc}
State Route 114/North York Street, Cumberland County, Penn
4. At that time and place, Plaintiff, Robert SF
f'n his motor vehicle, a 1995 Chevrolet 1500, in a
7.14/North York Street in Mect
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ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES, Plaintiff, Robert Spicher, by and through his
attorneys, Karen L. Koenigsberg and Dissinger and Dissinger and
avers as follows:
1. Plaintiff, Robert Spicher, is an adult individual and
citizen of the Commonwealth of Pennsylvania, who resides in New
Buffalo, Perry County, Pennsylvania.
2. Defendant, Nancy Eppley, is an adult individual and citizen
of the Commonwealth of Pennsylvania who resides at 1165 Rhoda
Boulevard, Mechanicsburg, Cumberland County, Pennsylvania.
3. The facts and occurrences hereinafter related took place
on or about August 23, 2002, at approximately 3:48 o'clock P.M. on
State Route 114/North York Street, Cumberland County, Pennsylvania.
4. At that time and place, Plaintiff, Robert Spicher was
operating his motor vehicle, a 1995 Chevrolet 1500, in a easternly
direction on State Route 114/North York Street in Mechanicsburg,
Cumberland County, Pennsylvania.
5. At that time and place, the Plaintiff, Robert Spicher, was
traveling within the right lane of travel for eastern bound traffic
and was stopped for a stop light.
6. At that time and place, Defendant, Nancy Eppley, was
operating a 1998 Ford Explorer in a easternly direction on State
Route 114/North York Street and was also traveling in the lane of
travel for eastern bound traffic on State Route 114/North York
Street, Mechanicsburg, Cumberland County, Pennsylvania.
7. At that time and place, Defendant Nancy Eppley, was
traveling directly behind Plaintiff, Robert Spicher.
8. At that time and place, Defendant, Nancy Eppley,
admittedingly took her eyes off of the road and the front portion
of her vehicle violently collided with the rear portion of
Plaintiff's vehicle.
9. The foregoing accident and all of the injuries and damages
set forth hereinafter sustained by Plaintiff, are the direct and
proximate result of the negligent, careless, wanton and reckless
manner in which Defendant, Nancy Eppley, operated her motor vehicle
as follows:
a. failure to have her vehicle under such control as to
be able to stop within the assured clear distance
ahead in violation of 75 Pa.C.S.A. §3361;
b. following too closely to Plaintiff's vehicle in
violation of 75 Pa.C.S.A. §3310(a);
C. failure to keep alert and maintain a proper watch
for the presence of other motor vehicles on the
highway;
d. failure to apply her brakes in sufficient time to
avoid striking the rear of Plaintiff's vehicle;
e. failure to travel at a safe speed;
f. failure to keep a proper watch for traffic on the
road;
g. failure to drive her vehicle with due regard for the
road and traffic conditions which were existing and
of which she was or should have been aware;
h. failure to keep proper and adequate control over her
vehicle; and
i. driving her vehicle upon the road in a manner
endangering persons and property and in a reckless
manner with careless disregard to the rights and
safety of others and in violation of the Motor
Vehicle Code of the Commonwealth of Pennsylvania.
CLAIM I
Robert Spicher V. Nancy Eppley
10. Paragraphs 1 through 9 of the Complaint are incorporated
herein by reference.
11. Plaintiff, Robert Spicher sustained painful and severe
injuries which include but are not limited to whiplash, concussion,
acute neck strain, muscle spasms, headaches, shoulder pain, limited
range of motion, stiffness and chronic pain.
12. By reason of the aforesaid injuries sustained by
Plaintiff, Robert Spicher, he was forced to incur liability for
medical treatment, medications, hospitalizations and similar
miscellaneous expenses in an effort to restore himself to health,
and claim is made therefore.
13. Because of the nature of his injuries, Plaintiff, Robert
Spicher, has been advised and, therefore, avers that he may be
forced to incur similar expenses in the future, and claim is made
therefore.
14. As a result of the aforementioned injuries, Plaintiff,
Robert Spicher, has undergone and in the future will undergo great
physical and mental suffering, great inconvenience in carrying out
his daily activities, loss of life's pleasures and enjoyment, and
claim is made therefore.
15. As a result of the aforesaid injuries, Plaintiff, Robert
Spicher, has been and in the future will be subject to great
humiliation and embarrassment, and claim is made therefore.
16. As a result of the aforementioned injuries, Plaintiff,
Robert Spicher, has sustained work loss and loss of opportunity, and
claim is made therefore.
17. As a result of the aforesaid injuries, Plaintiff, Robert
Spicher has sustained uncompensated work loss, and claim is made
therefore.
18, Plaintiff, Robert Spicher, continues to be plagued by
persistent pain and limitation and, therefore, avers that his
injuries may be of a permanent nature, causing residual problems for
the remainder of his lifetime, and claim is made therefor.
WHEREFORE, Plaintiff, Robert Spicher, demands judgment against
Defendant, Nancy Eppley, in an amount in excess of Twenty-five
Thousand dollars ($25,000,00) exclusive of interest and costs and
in excess of any jurisdictional amount requiring compulsory
arbitration.
Respectfully Submitted
DISSINGER & DISSINGER
K ern
L. Ko eni sb?JK lC
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Supreme Court I.D. #8556
William C. Dissinger
Supreme Court ID #27737
Counsel for Plaintiff
400 South State Road
Marysville, PA 17053
(717) 957-3474
VERIFICATION
I, Robert Spicher, Plaintiff, have read the foregoing Complaint
and do hereby swear or affirm that the facts set forth in the
foregoing are true and correct to the best of my knowledge,
information and belief. I understand that this Verification is made
subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Dated: kN 4y 16?4"?
1 Robert Spi er
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04123 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SPICHER ROBERT
VS
EPPLEY NANCY
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
EPPLEY NANCY
the
DEFENDANT , at 0843:00 HOURS, on the 13th day of September, 2004
at 1165 RHODA BLVD
MECHANICSBURG, PA 17055
NANCY EPPLEY
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.92
Affidavit .00
Surcharge 10.00
.00
33.92
Sworn and Subscribed to before
me this J1, P-r' day of
AW-7 d)w y A.D.
r'y
ea. l2 )11,4, 1
rothonotary
So Answers:
R. Thomas Kline
09/14/2004
DISSINGER & DISSIN?GER
By:
l- Deputy Sheri f
ROBERT SPICHER,
Plaintiff,
VS.
NANCY EPPLEY,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-4123 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Defendant, Nancy
Eppley, with regard to the above-captioned matter.
Respectfully submitted,
NEALON & GOVER, P.C.
By:c? l•L
Michael S. Ferguson, Esquire
Attorney I.D. No. 83882
2411 North Front St.
Harrisburg, PA 17110
Date: « 0? (717) 232-9900
CERTIFICATE OF SERVICE
AND NOW, this day of November, 2004, I hereby certify that I have served the
foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true
and correct copy of same in the United States mail, postage prepaid, addressed to:
Karen L. Koenigsberg, Esquire
DISSINGER & DISSINGER
400 South State Road
Marysville, PA 17053
Michael S. Ferguson, Esquire
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ROBERT SPICHER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 04-4123 CIVIL TERM
NANCY EPPLEY, JURY TRIAL DEMANDED
Defendant CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Robert Spicher
C/o Karen L. Koenigsberg, Esquire
DISSINGER & DISSINGER
400 South State Road
Marysville, PA 17053
YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein
contains averments against you to which you are required to respond within twenty (20)
days after service thereof. Failure by you to do so may constitute an admission.
Respectfully submitted,
NEALON & GOVER, P.C.
By:
Michael S. Ferguson, Esquire
I.D. #: 83882
2411 North Front Street
10 it [0q Harrisburg, PA 17110
Date: 717/232-9900
ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-4123 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO COMPLAINT
WITH NEW MATTER
1. Admitted on information and belief.
2. Admitted.
3. Admitted.
4. Admitted on information and belief.
5. Admitted on information and belief.
6. Admitted.
7. Admitted.
8. Admitted in part, denied in part. It is admitted that the Defendant's vehicle
came in contact with the vehicle driven by Mr. Spicher. All other factual averments
contained in the paragraph are denied.
9. Denied pursuant to Pa. R.C.P. 1029(e).
CLAIM I
Robert Spicher v. Nancy Eppley
10. Paragraphs 1 through 9 are incorporated herein by reference thereto.
11-18. Denied pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, Defendant Nancy Eppley demands judgment in her favor and
against the Plaintiff and requests that the Complaint against her be dismissed.
NEW MATTER
19. Paragraphs 1 through 18 are incorporated herein by reference thereto.
20. Plaintiff's claims may be barred in whole or in part by application of the
Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. §1701 et. Seq.
WHEREFORE, Defendant Nancy Eppley demands judgment in her favor and
against the Plaintiff and requests that the Complaint against her be dismissed.
Respectfully submitted,
NEALON & GOVER, P.C.
By: Yu? Michael S. Ferguson, Esquire
I.D. #: 83882
2411 North Front Street
Harrisburg, PA 17110
Date: 717/232-9900
CERTIFICATE OF SERVICE
AND NOW, this , day of October, 2004, 1 hereby certify that I have served
the foregoing Defendant's Answer to Complaint With New Matter on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
Karen L. Koenigsberg, Esquire
DISSINGER & DISSINGER
400 South State Road
Marysville, PA 17053
Michael S. Ferguson, Esquire
VERIFICATION
I, NANCY EPPLEY, verify that the statements made in the foregoing
DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date: /6-01-0t/ fJ"-c?NOANCY
fT '?61
r-n
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ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-4123 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
AND NOW comes Robert Spicher, who through his attorneys,
Dissinger & Dissinger, makes the following response to
Defendant's New Matter.
19. Paragraphs 1 through 18 of Plaintiff's Complaint are
incorporated herein by reference thereto
20. Denied. Plaintiff's claim is not barred, nor is any
part of his claim bared by the Pennsylvania Motor
Vehicle Financial Responsibility Act. 75 Pa.C.S.A.
§1701 et.seq.
Respectfully Submitted,
Dissinger & Dissinger
B
Y
William C. issinger
Supreme Court ID #27737
400 South State Road
Marysville, PA 17053
(717) 957-3474
VERIFICATION
I, Robert Spicher, Plaintiff, have read the foregoing
document and do hereby swear or affirm that the facts set forth
in the foregoing are true and correct to the best of my
knowledge, information and belief. I understand that this
Verification is made subject to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unsworn falsification to authorities.
Dated: /? D y Q y Aobert Vcher
ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-4123 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I have, on the date indicated, served
the foregoing Plaintiff's Answer to Defendant's New Matter on the
following person by depositing a true and correct copy of the
same with the United States Mail, postage prepaid, addressed as
follows:
Michael S. Ferguson, Esquire
Nealon & Grover, P.C.
2411 North Front Street
Harrisburg, PA 17110
Date: William C. Dissinger..
Supreme Court ID #27737
400 South State Road
Marysville, PA 17053
(717) 957-3474
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ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-4123 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the undersigned's appearance on behalf of the Defendant,
Nancy Eppley, with regard to the above-captioned matter.
Date: /8 26 6
Respectfully submitted,
NEALON GOVER & PERRY
By: W
Michael S. Ferguson, Esquire
I.D. No. 83882
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
CERTIFICATE OF SERVICE
AND NOW, this day of October, 2006, 1 hereby certify that I have served
the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
William Dissinger, Esquire
DISSINGER & DISSINGER
400 South State Road
Marysville, PA 17053
l
Michael S. Ferguson, Esquire
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ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-4123 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Defendant, Nancy
Eppley, with regard to the above-captioned matter.
Respectfully submitted,
NEALON GOVER & PERRY
By:
Date: ILI I n/cl,
Jenni H FFront Esquire
I.D. No2411 N treet
Harrisb 110
717/232-9900
CERTIFICATE OF SERVICE
AND NOW, this ?4ay of October, 2006, 1 hereby certify that I have served
the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
William Dissinger, Esquire
DISSINGER & DISSINGER
400 South State Road
Marysville, PA 17053
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ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-4123 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
William C. Dissinger, counsel for the Plaintiff in the
above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is
undetermined but is less than the arbitration limit.
There is no counterclaim.
The following attorneys are interested in the case as
counsel or are otherwise disqualified to sit as arbitrators:
William C. Dissinger, James G. Nealon.
WHEREFORE, your Petitioner prays your Honorable Court to
appoint three (3) arbitrators to whom the case shall be
submitted.
RESPECTFULLY SUBMITTED
DISSINGER & DISSING
William C. Dissinger
Attorney for Plaintiff
Supreme Court ID#27737
400 S. State Rd.
Marysville, PA 17053
(717)957-3474
ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
. IN THE COURT OF COMMON PLEAS
. OF CUMBERLAND COUNTY,
. PENNSYLVANIA
NO. 04-4123 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, William C. Dissinger, Esquire, do hereby certify that a
copy of the foregoing Petition for Appointment of Arbitrators
upon the following individual by depositing same in the United
States Mail, postage prepaid, addressed as follows:
James G. Nealon, Esq.
Nealon & Grover, P.C.
2411 North Front Street
Harrisburg, PA 17110
Date: 10/16167
William C. Dissinger
Attorney for Plaintiff
Supreme Court ID#27737
400 S. State Rd.
Marysville, PA 17053
(717)957-3474
T, ?-
Elfl ON 1 6 av.oo qw. X*f
Case No. L4 l =-?-
vs
c-
Statement of Intention to Proceed
To the Court:
intends to proceed with the above captioned matter.
- ?- ..
- - ----
Print Name Sign Namc
-•?-' `
Attorney
Date: X-laf-__.
Explanatory Comment
erriit
Adm ni Administration o1901.t1 Two daspectsure ofgthe verrecommenning the
The Supreme Court Pennsylvania 1Rule Of SJudicialpromulgated
inactive cases and amended
comment.
1. Rule of Civil Procedure
dure 230.2 has been promulgated to govern the termination of inactive cases within the
New Rule ofCivil Proce
scope of the Pennsylvania c Rlullees of Civil Procedure.
I governed by Rule of Ju<i and Iloculcrulcsap ?tmulgatcd pursuant r to inactivity ty Rul Pr'3t?'sis of' these cases tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
'This rule was promulgated in response to the decision °hche Supremeas our(t in esult op v. Eagle, 51 Pai 360,710 A.cd
1 1O4 (1998) in which the court held that "P J
rules m odatetthe newmrule orat ftu vilOprocedure. The
before a case iiibAdminstrat pursuant to
Rule of Judtc a
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
rties.
II Inactive Cases nact The purpose Rule 230.2 is to
ity, tth course of the procedure is with thedpaby the
intent totter n inate antact on fo rf tinuctivc e
court. pAfter arties giving notice o o
If the parties do not wish to Pursue the case, forailure to prosecute.- If a pa ty ws hescto 1 ursuelthetm teorde or she will te no course terminating the matter prejudice
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
the ender off tct ination. ttAn should not have example of suchcan occurrence mightpbo helter nination
If the action is fterminated relief when a party believes that
under Ruiz a ( ) did not receive the notice of intent to terminate and thus did not timely file
of a viable action when the aggrieved party
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. I f ththe at petition the r i filed within thirtdays and e petit the entry of the order of termination on the docket, subdivision (d)(2) 1 3 requires
an that the plaintiff
reinstate the action. It' the petition is filed later than the thirty-clay period, subdivision (d)(-)
and
anation must ms a show in to the
tilc petition the notice promptly pioccedhpriorsto thesentryeof the order of
to the
th court failuc that
legitimate e excuse both for period under subdivision (d)(2).
termination on the docket and for the failure to file the petition within the thirty-day Pe'
D. Where the action has not been ternimuted
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed ma
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination undo Rule 230.2.
ROBERT SPICHER,
Plaintiff
vs.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-4123 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, William C. Dissinger, Esquire, do hereby certify that a
copy of the foregoing Statement of Intention to Proceed upon the
following individual by depositing same in the United States
Mail, postage prepaid, addressed as follows:
James G. Nealon, Esq.
Nealon & Grover, P.C.
2411 North Front Street
Harrisburg, PA 17110
Date U/[6/()7
William C Dissin r
Attorney for Plaintiff
Supreme Court ID#27737
400 S. State Rd.
Marysville, PA 17053
(717)957-3474
ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-4123 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the undersigned's appearance on behalf of the Defendant, Nancy
Eppley, with regard to the above-captioned matter.
Respectfully submitted,
Jam . G. Nealon, III, Esquire
Attorney I.D. No. 46457
2411 North Front St.
Harrisburg, PA 17110
Date: (717) 232-9900
CERTIFICATE OF SERVICE
AND NOW, this day of & 0' 09, 1 hereby certify that I have
served the foregoing Praecipe to Withdraw Appearance on the following by depositing a
true and correct copy of same in the United States mail, postage prepaid, addressed to:
Karen L. Koenigsberg, Esquire
DISSINGER & DISSINGER
400 South State Road
Marysville, PA 17053
Ai,
???'
s G. Nealon, III, Esquire
RLECKYRCE
OF THE PROTHONOTARY
2009 NOV 19 PH 2.4 2
OWENS, BARCAVAGE AND MCINROY, LLC
BY: Stephen J. Barcavage, Esquire
Attorney I.D. No. 78867
2000 Linglestown Road, Suite 303
Harrisburg, PA 17110
(717) 909-2500
ROBERT SPICHER,
Plaintiff
vs.
NANCY EPPLEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 04-4123 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Stephen J. Barcavage, Esquire, Matthew L. Owens,
Esquire and the law firm of Owens Barcavage and McInroy, LLC. as counsel of record for
Nancy Eppley in the above-captioned matter.
OWENS BARCAVAGE AND MCINROY, LLC.
DATE: Z t9a
BY:
Ste?ien J. Barcavage, Es
ID# 78867
2000 Linglesto Road, Suite 303
Harrisburg, 17110
(717) 909- 00
DATE: BY:
Matthew L. wens, Esquire
ID# 76080
2000 Linglestown Road, Suite 303
Harrisburg, PA 17110
(717) 909-2500
CERTIFICATE OF SERVICE
We, Stephen J. Barcavage, Esquire and Matthew L. Owens, Esquire, do hereby certify
that on this 7 day of November, 2009, we served a copy of the foregoing document via
First Class United States mail, postage prepaid as follows:
Karen L. Koenigsberg, Esquire
DISSINGER & DISSINGER
400 South State Road
Marysville, PA 17053
OlVatthew L. Owens, Esquire
FILED-OF-RICE
OF THE PFC` TH.C NOTARY
2009 NOV 19 PM 2: 42
ROBERT SPICHER,
Plaintiff
VS.
NANCY EPPLEY,
Defendant
OATH
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04-4123 CIVIL TERM
:CIVIL ACTION - LAW
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth and that we will discharge the duties of our
office with fidelity.
Henry F. Coyrl'e, Esquire
Chairman
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011
B. Rettig, Esquire -
Duffie Stewart Weidner
301 Market Street
Lemoyne, PA 17043
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AWARD
Dean E. Reynosa, Esquire
Saidis Flower & LindsayI
2109 Market Street J
Camp Hill, PA 17011
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We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are jwardecjthey shall. be leparatelyAtated.)
Date of Hearing: February 9, 2010
Date of Award: 6 C1 fl& ) .6
NOTICE OF ENTRY OF AWARD
Now, tl e-day of , 2010, at /.'qy -a.m., the above award was
entered upon the docket and notice thereof give ?byail to the parties or their attorneys.
Arbitrators' compensa to be paid upon appeal
Prothonotary
$ 35n, n^
By:
Deputy
Arbitrator, dissents. (Insert name if applicable.)
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2010 FEB -9 FM 6: 44
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Robe-r.7-
Plaintiff
Vs File No. O Y- '11Q3
/Va n c e Civil Term
15efendant
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS TO TIME PROTHONOTARY:
Notice is given that ?er?8h??n T" ®y are c ??„ %? appeals from the award of the
board of arbitrators entered in this case on Fe b ru?a r y
A jury trial is demanded. (Check the line if a jury trial is demanded.
Otherwise jury trial is waived.)
I hereby certify that
(1) the compensation of the arbitrators has been paid, or
(Strike
out the inapplicable clause.)
ppell t or Attorney ppellant TeP e/?n , Qo? rc?v?.? e , frq,
Qwenf QaI'Gs?V'Age ?'/y?cl.n?oy
auoo ?o3
Note: The demand for jury trial on appeal from compulsory arbitration is governed by
Rule 1007.1(b).
(b) No affidavit or verification is required.
Adopted March 16, 1981, effective May 15, 1981.
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CERTIFICATE OF SERVICE
I, Kara Straub, an employee of Owens Barcavage & McInroy, LLC, do hereby certify
that on this ZS+Nay of February, 2010, I served a copy of the foregoing document via First
Class United States mail, postage prepaid as follows:
William Dissinger, Esquire
Dissinger & Dissinger
400 South State Road
Marysville, PA 17053
Kara Straub
i
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)
Robert Spicher
(other)
(Plaintiff)
vs.
Nancy Eppley
vs.
(Defendant)
The trial list will be called on 8/23/2011
and
Trials commence on 9/19/2011
Pretrials will be held on 9/7/2011
(Briefs are due S days before pretrials
No. ^4 - 141 A3 Term
4-
FILED-OFFICE
O THE PROTHONO FARy
2011 JUL 18 PM 1: 31
CUMBERLAND COUNTY
PENNSYLVANIA
(check one)
X? Civil Action - Law
X? Appeal from arbitration
Indicate the attorney who will try case for the party who files this praecipe:
Bart W. Holmes, Esquire (PA ID No.: 85071 (Owens, Barcavage & Mclnroy, LLC)
Indicate trial counsel for other parties if known:
William C. Dissinger,Esquire, Dissinger and Dissinger
This case is ready for trial.
Date: 7/14/2011
Signed: ?`
Print Name: Bart W. Holmes,
Attorney for: Defendant Nancy Eppley
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CERTIFICATE OF SERVICE
I, Bart W. Holmes, Esquire, certify under penalty of unsworn falsification to governing
authorities, that I have served a true copy of the foregoing Praecipe For Listing Case For Trial,
by United States Mail, pre-paid, at:
William Dissinger, Esquire
Dissinger & Dissinger
400 South State Road
Marysville, PA 17 3
Date: 7/14/2011
*Bart Hol s, E wire
ROBERT SPICHER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
vs.
NANCY EPPLEY,
NO. 04-4123 CIVIL TERM
CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
STIPULATION
Robert Spicher and Nancy Eppley (hereafter the "Parties"), by and through their
respective counsel, hereby stipulate as follows:
1. All damages that may be awarded Plaintiff shall be capped such that the amount of same
shall not exceed $25,000.00.
2. Defendant admits liability for the subject accident while disputing the amount of
Defendant's damages, if any.
3. Plaintiff shall be permitted to introduce into evidence the documentary evidence (medical
bills only) set forth as Exhibits in his Pretrial Memorandum, but shall not be permitted to
introduce any other documentary evidence related in any way to the alleged injuries he
sustained as a result of the within motor vehicle accident.
4. Defendant shall be permitted to introduce into evidence the Exhibits set forth in her
Pretrial Memorandum for purposes of impeachment of Plaintiff's alleged damages, if
any.
Date:,CTbA1X II
Bart W. Holm s, sq re -,
For Defendant Nancy ppley
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Date: z>
William Diss' ger, Es e cn
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For Plaintiff Robert Spicher ? C) -n
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CERTIFIED OF SERVICE
I, r k SS her by certify under penalty of unsworn falsification to governing
authorities, that I have served a true and correct copy of the foregoing, by United States Mail,
pre-paid, as follows:
Bart W. Holmes, Esquire
2595 Interstate Drive
Harrisburg, PA 17110
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Date: -9 Z JZ 0