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HomeMy WebLinkAbout11-7270IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI & MARK KISSINGER, 55 S. 39th Street Camp Hill, PA 17011, Plaintiffs, v SAMANTHA CURTIS & MARCUS DAVID HITE 244 Deer Trail Marysville, PA 17053, Defendants. CIVIL ACTION - LAW TA R' ie NO.: _ -1Q 1, ?Ul 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 BE ABLE TO OFFER LEGAL 0 %q a.C&'Pd ar a?u q ?a AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n 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 reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. ears, Esquire HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears (87737) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail: spears@hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI & MARK KISSINGER, 55 S. 39th Street Camp Hill, PA 17011, Plaintiffs, CIVIL ACTION - LAW v SAMANTHA CURTIS & MARCUS DAVID HITE 244 Deer Trail Marysville, PA 17053, Defendants. NO. ? of V (?_, "11 COMPLAINT Plaintiffs Mark & Lauri Kissinger ("Mr. & Mrs. Kissinger") by and through their attorneys, Handler, Henning & Rosenberg, LLP, by Andrew C. Spears, make this complaint against the Defendants, Samantha Curtis ("Defendant Curtis") and Marcus David Hite ("Defendant Hite"), and aver as follows: 1. Mr. & Mrs. Kissinger are competent adult individuals and citizens of the Commonwealth of Pennsylvania currently residing at 55 S. 39th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Curtis is, upon information and belief, an adult individual and citizen of the Commonwealth of Pennsylvania with a last known address of 244 Deer Trail, Marysville, Perry County, Pennsylvania. 3. Defendant Hite is, upon information and belief, an adult individual and citizen of the Commonwealth of Pennsylvania with a last known address of 244 Deer Trail, Marysville, Perry County, Pennsylvania. 4. At all times material hereto, Defendant Curtis was the operator of a 2003 Jeep Liberty, owned by Defendant Hite, and bearing Pennsylvania registration number GZW5619 ("Defendants' vehicle") 5. At all times material hereto, Mrs. Kissinger was the owner and operator of a 2004 Toyota Sienna, co-owned by her husband, Mr. Kissinger, and bearing Pennsylvania registration number HHL5005("Kissingers' vehicle") 6. At all times material hereto, Mrs. Kissinger was a named insured under an automobile insurance policy with USAA Insurance Company and she was covered under the full-tort option. 7. On or about March 16, 2011, at approximately 2:45 p.m., Mrs. Kissinger was lawfully stopped or slowing to a stop due to traffic on eastbound Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendant Curtis was traveling behind Kissingers' vehicle on eastbound Carlisle Pike. 2 9. Defendant failed to react safely to Kissingers' vehicle stopped lawfully in front of her, and suddenly and violently struck the rear of Kissingers' vehicle. 10. As a result of the collision, Kissingers' vehicle struck the vehicle in front of her. 11. As a direct and proximate result of Defendants' negligence, Mr. & Mrs. Kissinger sustained damages as set forth more specifically below. COUNTI NEGLIGENCE Lauri Kissinger v. Samantha Curtis 12. All prior paragraphs are incorporated herein as if set forth fully below. 13. The aforementioned collision and Mrs. Kissinger's resultant injuries are the direct and proximate result of Defendant Curtis' negligence, generally and more specifically as set forth below: a. in operating Defendants' vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. § 3714; b. in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3361; C. in failing to maintain proper and adequate observation of the existing traffic conditions, in violation of 75 Pa. C.S.A. § 3309; d. in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa. C.S.A. § 3310(a); e. in failing to operate Defendants' vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361 3 f. in failing to properly regulate the speed of Defendants' vehicle so as to prevent a rear-end collision; g. in failing to maintain control of Defendants' vehicle; h. in failing to be reasonably vigilant to observe Kissingers' vehicle lawfully stopped upon the roadway; i. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendants' vehicle under such control that injury to persons or property could be avoided. 14. As a direct and proximate result of Defendant Curtis' negligence, Mrs. Kissinger has: a. suffered personal injuries, including, but not limited to, injuries to her left shoulder; b. undergone continuing medical care for the aforesaid injuries; C. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; 4 e. suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; f. been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. WHEREFORE, Plaintiff, Lauri Kissinger, seeks damages from Defendant, Samantha Curtis, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II NEGLIGENT ENTRUSTMENT Lauri Kissinzer v. Marcus David Hite 15. All prior paragraphs are incorporated herein as if set forth fully below. 16. At the time of the collision, Defendant Curtis was operating Defendants' vehicle with the express and/or implied permission of its owner, Defendant Hite. 17. Defendant Hite knew, or should have known, that Defendant Curtis would be operating Defendants' vehicle in a negligent manner 18. The occurrence of the aforementioned collision and the resultant injuries to Mrs. Kissinger were the direct and proximate result of the negligence of Defendant Hite in negligently entrusting his vehicle to Defendant Curtis and in allowing her to operate Defendants' vehicle when he knew, or should have known, that she was not fit and competent to operate the motor vehicle in a safe manner. 19. Defendant Hite knew, or should have known, of Defendant Curtis' propensity to operate motor vehicles as follows: a. without being reasonably vigilant to observe the road and traffic conditions; 5 b. without proper and adequate control; C. without properly regulating speed so as to prevent a rear-end collision; d. without maintaining proper speed and control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; e. without maintaining a speed safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; f. following another vehicle more closely than is reasonable and prudent; and g. failing to exercise reasonable care in operation and control of a vehicle, in violation of 75 Pa. C.S.A. § 3714. 20. As a direct and proximate result of Defendant Hite's negligence, Mrs. Kissinger has: a. suffered personal injuries, including, but not limited to, injuries to her left shoulder; b. undergone continuing medical care for the aforesaid injuries; C. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be 6 required to spend money for the same purposes in the future, to her detriment and loss; e. suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; f. been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. WHEREFORE, Plaintiff, Lauri Kissinger, seeks damages from Defendant, Marcus David Hite, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III LOSS OF CONSORTIUM Mark KissinLrer v. Samantha Curtis 16. All prior paragraphs are incorporated herein as if set forth fully below. 17. At all times material hereto, Mr. & Mrs. Kissinger were lawfully married as husband and wife. 18. As a direct and proximate result of Defendant Curtis' negligence, Mr. Kissinger has suffered a loss of consortium, society, and comfort from his wife, Mrs. Kissinger, and he will continue to suffer a similar loss in the future. 19. As a direct and proximate result of Defendant Curtis' negligence, Mr. Kissinger has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. 7 WHEREFORE, Plaintiff, Mark Kissinger, seeks damages from Defendant, Samantha Curtis, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV LOSS OF CONSORTIUM Mark KissinLyer v. Marcus David Hite 20. All prior paragraphs are incorporated herein as if set forth fully below. 21. At all times material hereto, Mr. & Mrs. Kissinger were lawfully married as husband and wife. 22. As a direct and proximate result of Defendant Hite's negligence, Mr. Kissinger has suffered a loss of consortium, society, and comfort from his wife, Mrs. Kissinger, and he will continue to suffer a similar loss in the future. 23. As a direct and proximate result of Defendant Hite's negligence, Mr. Kissinger has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. 8 WHEREFORE, Plaintiff, Mark Kissinger, seeks damages from Defendant, Marcus David Hite, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: September, 2011 By: Andrew C. S ars (87 ) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.23 8.2000 Fax: 717.233.3029 spears@hhrlaw.com Attorneys for plaintiffs, Lauri & Mark Kissinger 9 tr f Handler Henning & Rosenberg LLP Attorneys at Law VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. a ri Kissing Mark Kissinger Date: 1300 LINGLESTOWN ROAD, SUITE 2 1 HARRISBURG PA 17110 717 238 2000 1 f 717 233 3029 1 toll free 800 422 2224 1 www.hhrlaw.com Carlisle 717 241 2244 1 Hanover 717 630 8200 1 Lancaster 717 431 4000 1 York 717 841 7800 .t SHERIFF'S OFFICE OF CUMBERLAND COUNTY E Ronny RAnderson = 0 ` Sheriff o1„rnt, ,+, 3i I o 1. f -1 PH v ? • i ?"` Jody S Smith ((++T f Chief Deputy Richard WStewart -DENNSyU;4b+" 1A Ffn.ff Solicitor Lauri & Mark Kissinger I Case Number vs. 2011-7270 Samantha Curtis (et al.) SHERIFF'S RETURN OF SERVICE 09/21/2011 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: Samantha Curtis, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 09/21/2011 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: Marcus David Hite, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 10/03/2011 11:35 AM - Perry County Return: And now October 3, 2011 at 1135 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marcus David Hite by making known unto Samantha Curtis, Stepdaughter of Defendant at 29 McNaughton Drive, Duncannon, Pennsylvania 17020 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/03/2011 11:35 AM - Perry County Return: And now October 3, 2011 at 1135 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Samantha Curtis by making known unto herself personally, at 29 McNaughton Drive, Duncannon, Pennsylvania 17020 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 October 05, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF r? Ccuntysulte Shentl. le2.so`t. Inc. t?wdTFil1 Y. t13L'T 13I1? 1OERLA11D COUNT`,, pEMN'S YLYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, Plaintiffs, CIVIL DIVISION NO. 11-7270 V. SAMANTHA CURTIS and MARCUS DAVID HITE, Defendants. 11-7207 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, V. NO. 11-7270 SAMANTHA CURTIS and MARCUS (Jury Trial Demanded) DAVID HITE, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendants, Samantha Curtis and Marcus David Hite, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: K vin au squire counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 12th day of October, 2011. Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: D. (Rauch, Esquire ;el for Defendants CF THE FILED-OFFICE 2012 JAN 13 AM 10: 59 CUIMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, Plaintiffs, V. SAMANTHA CURTIS and MARCUS DAVID HITE, Defendants. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. L D Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. CIVIL DIVISION NO. 11-7270 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, V. NO. 11-7270 SAMANTHA CURTIS and MARCUS (Jury Trial Demanded) DAVID HITE, Defendants. ANSWER AND NEW MATTER AND NOW, comes the Defendants, Samantha Curtis and Marcus David Hite, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Denied. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNTI 12. In response to paragraph 12, the Defendants reiterates and repeats all their responses in paragraphs 1 through 11 as if fully set forth at length herein. 13. Paragraph 13 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Samantha Curtis and Marcus David Hite, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT II 15. In response to paragraph 15, the Defendants reiterates and repeats all their responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. Admitted. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, it is specifically denied that Marcus David Hite entrusted his vehicle in a negligent and careless manner, to the contrary, Mr. Hite acted in a reasonable and prudent manner at all times. 19. Paragraph 19 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Samantha Curtis and Marcus David Hite, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT III 16. In response to paragraph 16, the Defendants reiterates and repeats all their responses in paragraphs 1 through 20 as if fully set forth at length herein. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Samantha Curtis and Marcus David Hite, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT IV 20. In response to paragraph 20, the Defendants reiterates and repeats all their responses in paragraphs 1 through 19 as if fully set forth at length herein. 21. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 22. Paragraph 22 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 23. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Samantha Curtis and Marcus David Hite, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 24. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing {pursuant to said statute. 25. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 26. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 27. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendants, Samantha Curtis and Marcus David Hite, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. 0) By: Kevin D. Rauch, Esquire Counsel for Defendants VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has fumished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ? L i q- ?? #18870 VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to uns Date: 2q DEC 201( #18870 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 11th day of January, 2012. Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: j Kevin D. Rauch, Esquire Counsel for Defendants It HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears (87737) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail: spears@hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI & MARK KISSINGER, Plaintiffs V. SAMANTHA CURTIS & MARCUS DAVID HITE Defendants i W'EROTHONO IAr, y 2012I1AR 13 PM 2: 27 CUMBERLAND COUNTY PENNSYLVANIA ACTION - LAW : 11-7270 PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW, come the Plaintiffs, LAURIE and MARK KISSINGER, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and answer as follows to Defendants' New Matter: -1- 24. Denied. The allegations in Paragraph 24 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the Plaintiffs' part are hereby denied. 25. Denied. The allegations in Paragraph 25 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the Plaintiffs' part are hereby denied. 26. Denied. The allegations in Paragraph 26 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the Plaintiffs' part are hereby denied. 27. Denied. The allegations in Paragraph 27 contain conclusions of law to which no response is required. If a response is judicially determined to be required, any and all allegations and/or insinuations of wrongdoing on the Plaintiffs part are hereby denied. -2- WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss Defendants' New Matter with prejudice, enter judgment in favor of the Plaintiffs, and enter such other Orders as are equitable and just. Date: NY- Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, Esq. Attorney I.D. # 8773 -3- VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) ANDREW C. SPEARS, ESQ. states that he is the attorney for the party(ies) filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. L ':::: ANDREW C. SPEA S, ESQ. DATE: HANDLER, HENNING & RosENBERG, LLP Andrew C. Spears (87737) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail: spears@hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI & MARK KISSINGER, Plaintiffs V SAMANTHA CURTIS & MARCUS DAVID HITE Defendants ACTION - LAW 11-7270 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, by sending a copy of the same to Defendants' counsel of record: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 by United States Mail, regular service, in Harrisburg, Pennsylvania on T, 2012. HANDLER, HENNING & ROS BERG, LLP __A DATE: By Andrew C. Spears, Esq. Attorneys for Plaintiff I! r j... is THE FRO T ON f1 F 'i' • t.+ 2113 NOV -4 All 27 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, NO. 11-7270 v. DEFENDANT SAMANTHA CURTIS' SAMANTHA CURTIS and MARCUS MOTION TO COMPEL PLAINTIFF'S DAVID HITE, FULL COMPLETE AND VERIFIED Defendants. RESPONSES TO SUPPLEMENTAL INTERROGATORIES (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18870 5. In accordance with Pennsylvania Rules of Civil Procedure 4009, Responses to Defendant's Supplemental Interrogatories should have been received by June 16, 2013. 6. On October 14, 2013, Defendant's counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated October 14, 2013, has been attached hereto as exhibit B). 7. Defendant has not received any response from Plaintiff or Plaintiff's counsel regarding Defendant's Supplemental Interrogatories or the correspondence numerated above. 8. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 9. Pursuant to Pennsylvania Rules of Civil Procedure 4019, Defendant respectfully requests that this honorable Court enter an Order directing Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Supplemental Interrogatories within 20 days or suffer additional Sanctions. 10. Counsel for Defendant certifies he has attempted to contact Plaintiff's counsel in an effort to resolve this discovery dispute that is set forth above. By such attempts by Defendant's counsel the Plaintiff's discovery responses have not been received. WHEREFORE, Defendant, Samantha Curtis, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Supplemental Interrogatories to Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: 11,./ evin ii. ' a c., squire Co ► el for Defendants • May 16, 2013 Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 RE: Kissinger v. Curtis & Hite Our File No. : 18870 Dear Mr. Spears: Enclosed please find Defendant's Supplemental Interrogatories to Plaintiff in the above-captioned matter. Kindly respond to the same within the timeframe established by Applicable Rules of Civil Procedure. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Kevin D. Rauch KDR:ard Enclosure October 14, 2013 Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 RE: Kissinger v. Curtis & Hite Our File No. : 18870 Dear Mr. Spears: Kindly allow for this letter to serve as a follow-up to previous correspondence of September 4, 2013. My office failed to receive a response to our offer of $6,000.00 to settle this matter in full. Therefore, I have assumed your client has rejected our offer. In order to continue to move this matter forward, please contact my office regarding your client's Responses to the Supplemental Interrogatories served on your client on May 16, 2013. If I have not received a response from you by October 23, 2013, I will proceed with filing a Motion to Compel the same. I look forward to hearing from you soon. Thank you. Very truly yours, Kyle W. Krombach KWK:ard IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, v. NO. 11-7270 SAMANTHA CURTIS and MARCUS (Jury Trial Demanded) DAVID HITE, Defendants. ORDER AND NOW, TO WIT, this day of , 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs, Lori and Mark Kissinger, provide Defendant, Samantha Curtis, with full and complete Answers and Responses to Defendant's Supplemental Interrogatories within twenty (20) days of the date of this Order or face Sanction. J. Distribution List: Andrew C. Spears, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock&Guthrie, P.C.; 100 Sterling Parkway, Suite 100, Mechanicsburg, PA 17050 • CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT SAMANTHA CURTIS' MOTION TO COMPEL PLAINTIFF'S FULL COMPLETE AND VERIFIED RESPONSES TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 31st day of October, 2013. Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, UDOCK, & GUTHRIE, -. , i 1 B : / 1 y' K= in I. Rauch, Es re C•unsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION C) Plaintiffs, LA? ari v. NO. 11-7270 - N C , SAMANTHA CURTIS and MARCUS (Jury Trial Demanded) DAVID HITE,E, za „- Defendants. '•C- Est ORDER AND NOW, TO WIT, this 21.11 day of ■ 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs, Lori and Mark Kissinger, provide Defendant, Samantha Curtis, with full and complete Answers and Responses to Defendant's Supplemental Interrogatories within twenty (20) days of the date of this Order or face Sanction. OPP J. Distribution List: drew C. Spears, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Linglestown Road, Suite 2 Harr' burg, PA 17110 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock&Guthrie, P.C.• 100 Sterling Parkway, Suite 100, Mechanicsburg, PA 17050 /nai'LE /� /003 MiLF0-OFFICE CF THEi PROTHONO NAY 19 PH I:224 ,,ip CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, NO. 11-7270 v. DEFENDANT'S ADMINISTRATIVE SAMANTHA CURTIS aridMARCUS APPLICATION FOR STATUS DAVID HITE, CONFERENCE Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #18870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, v. NO. 11-7270 SAMANTHA CURTIS and MARCUS DAVID HITE, Defendants. (Jury Trial Demanded) DEFENDANT'S ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE AND NOW, comes the Defendant, Samantha Curtis, by and through her attorneys, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following: 1. This matter arises out of a motor vehicle accident that occurred on March 16, 2011, on the Carlisle Pike, Hampton Township, Cumberland County, Pennsylvania. 2. As a result of the accident, Plaintiffs filed a Complaint sounding in negligence alleging personal injury and loss of consortium. 3. Discovery has been conducted in this case, and the parties have exchanged written discovery and completed depositions. 4. In an effort to move this matter forward, the Defendant respectfully requests forgoing Administrative Application for Status Conference be granted so all parties may agree to schedule dates and deadlines for any additional discovery as well as pretrial and trial motion. 5. Counsel for the Defendant certifies that he has attempted to contact Plaintiff's counsel for consent for this Administrative Application. At this time, no response has been given. 6. Oral Argument is not requested and it is asked that this matter be scheduled for Status Conference. WHEREFORE, Defendant, Samantha Curtis, respectfully request this Honorable Court enter an Order that this matter be scheduled for a Status Conference. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. A7" even • Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 16t" day of May, 2014. Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. B yin auch, Esquire Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, v. NO. 11-7270 • SAMANTHA CURTIS and MARCUS DAVID HITE, Defendants. (Jury Trial Demanded) • ORDER AND NOW, TO WIT, this e.9741 day of 2014, it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court enter an Order that this matter be scheduled for a Status Conference for 304k day of 2014 at 1.36 dZtia•%4P0-7&1 ‘Ite)/ Distribution List: BY THE COURT: /Andrew C. Spears, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 ,Kevin D. Rauch, Esquire, Summers, McDonnell, Hudock & Guthrie, P.C.; 945 East Park Drive, Suite 201, Harrisburg, PA 17111 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com r. 1, ; i. • i` I FIE PRO I HONGi, \;_ 01ifJUN -5 PH 4:09 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) LAURI and MARK KISSINGER : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) v. : NO. 11-7270 : CIVIL ACTION - LAW SAMANTHA CURTIS and MARCUS HITE Defendant(s) ORDER AND NOW, TO WIT this .. day of , 2014, it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court enter an Order that the Status Conference scheduled June 20th, 2014 be rescheduled for a Status Conference for 28th of July 2014 at 3:00 pm, in the Chambers of Courtroom No. 1. BY THE COURT: tribution List: Andrew C. Spears, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 Kevin D. Rauch, Esquire, Summers, McDonnell, Hudock & Guthrie, P,C.; 945 East Park Drive, Suite 201, Harrisburg, PA 17111 copitr nal -LEL, 4,/'10Y LAURI AND MARK KISSINGER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA V. SAMANTHA CURTIS AND MARCUS DAVID HITE, DEFENDANTS : 11-7270 CIVIL TERM ORDER OF COURT AND NOW, this '' day of June, 2014, the status conference currently scheduled for the July 28, 2014, is cancelled and rescheduled to commence at 1:30 p.m., Monday, August 4, 2014, in chambers. By the Court, Albert H. Maslan Xndrew C. Spears, Esquire For Plaintiffs Vvin D. Rauch, Esquire For Defendants sal L./kit/ -Trr� -.s 11,t: rfOr IL c (.41:D co .00 " A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, v. NO, 11-7270 SAMANTHA CURTIS and MARCUS DAVID HITE, Defendants. (Jury Trial Demanded) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Counsel for the Plaintiff and Defendants in the above -referenced action, respectfully represent that: 1. The above -captioned action is at issue. 2. The claim of the Plaintiffs in this action is for personal injuries in an amount above the compulsory arbitration limits plus costs, interest, and all other relief; however, all 'parties have agreed to submit this matter to arbitration for a possible alternative dispute resolution. 3. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: N/A. ouotiolgopod , ti -Pts WHEREFORE, your Petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. HANDLER, HENNING & ROSENBERG, LLP By: SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Andre . Spears, Esquire Ke in D. Rauch, Esquire Counsel for Plaintiff C, unset for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURI and MARK KISSINGER, CIVIL DIVISION Plaintiffs, v. NO. 11-7270 SAMANTHA CURTIS and MARCUS DAVID HITE, Defendants. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this 94 day of Sett) -401) , 2014, and in consideration of counsel's Petition for the Appointment of Arbitrators, and any response thereto. The following are appointed Arbitrators in the above -captioned action as prayed for: 1.t. 171E4IE-4_ %/71,4iyis 2 LigAIAIAZ eL4&t atZM- Distribution List: BY THE COURT: ...Andrew C. Spears, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 Kyle W. Krombach, Esquire, Summers, McDonnell, Hudock & Guthrie, P.C.; 945 East Park Drive, Suite 201, Harrisburg, PA 17111 eep; la/ IO/?/ LAURI and MARK KISSINGER, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 11-7270 CIVIL SAMANTHA CURTIS and MARCUS DAVID HITE, Defendants ORDER AND NOW, this �6 day of October, 2014, the appointment of Robert Quigley, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Dean Reynosa, Esquire, is appointed in his place. BY THE COURT, Kevi Hess, P. J. i Mark Thomas, Esquire Chairman Court Administrator (TZ F :rlm Ala.d /0//4f//y -v CD ,Y; ictutti 5- Moteh 10, .$1 n9e," Plaintiff Sartic ca Cuffrs trlevecas ithfe Defendant We do solemnly swear and the Constitute In the Court of Common Pleas of Cumberland County, Pennsylvania No. Civil Action — Law. - 74270 Oath or affirm) that we will support, obey and defend the Constitution of the United States his Commonwealth and that we will discharge the duties of our office with fidelity. Signature 77400, Name (Chairman) Law Firm Jo/ oleae/ st, Addres Name Law Firm ' a -c, L \\:,\,. Address 4e6 IGsbwr4l CA,,,a.�� City, ) Zip /WIC City, Signature/ Cv-t -- 14o416 Name Lax' Firm ROD C Address City, l/ IV/ 6S.pis� su+ Zos m T70? j 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.) A5 ©©(9, e)V, Date of Hearing: Date of Award: Now, the / f .Arbitrator, dissents. Insert name if applicable.) Notice'�/ of Entry of Award /� day of :2,+a f ( , 20 /4f , at ..2 • /2 , 1 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 047'.51 1L� .� Prothonotary LLL) JFFk THE PROTHONOTA4:','% Nit, DEC 17 PM 2: j2 CUMBERLAND COUNTY PENNSYLVANIA Ahatr-eo e keVin nta, /6.11/7/ '•L's•