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HomeMy WebLinkAbout12-1357FAFILES1CIientsl3050I)onegal\3050.Current\3050.678\3050.678.petition in equity Revised: 2/29112 2.02I'M C7 cz: © !+ George B. Faller, Jr., Esquire ~`' Attorney I.D. 49813 z cc's rnr~- MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 'rr ^" MARTSON LAW OFFICES 10 East High Street C- Carlisle, PA 17013 ' ` ~ (717) 243-3341 _d 4- IN RE: 9-1-• 1 RECORDINGS AND RADIO TRANSMISSIONS BETWEEN VARIOUS EMERGENCY PERSONNEL REGARDING A FIRE THAT OCCURRED AT 505 SOUTH MIDDLESEX ROAD, CARLISLE., PENNSYLVANIA, ON DECEMBER 28, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - IN EQUITY PETITION IN EQUITY 1. Petitioner, George B. Faller, Jr., is a member of the Bar of the Commonwealth of Pennsylvania, having been admitted in 1987. 2. Petitioner has been retained to defend a local hobby shop regarding a fire that occurred on December 28, 2011, at a home located at 505 South Middlesex Road, Carlisle, Pennsylvania. 3. State Farm, the Homeowners' insurance company has placed the hobby shop on notice of a potential claim. 4. The various parties and their experts conducted an inspection of the fire scene on January 27, 2012. 5. Petitioner has learned there were 9-1-1 emergency calls made from the scene of the fire. 6. Petitioner has also learned there were transmissions from various emergency personnel regarding the fire. 7. These items are normally destroyed after thirty (30) days, but Petitioner has obtained the consent of the custodian of the records at the Cumberland County Department of Public Safety to preserve the transmissions. 8. There is no pending lawsuit since the controversy is not currently in suit, negotiations have not commenced and factual investigations have not been completed. d) Q1 J,? g `0`?.7S qb? a-7 1 -) Co4 9. Petitioner has therefore filed this action in equity to preserve and obtain the evidence mentioned in Paragraphs 5 and 6 above pursuant to Pa. R.C.P. 4009.2 (1)(a). 10. State Farm's counsel has been contacted and has no objection to the Petition being granted. 11. Petitioner has contacted the Solicitor for Cumberland County who has indicated that he "will more than likely object" to the requested relief. WHEREFORE, Petitioner requests that this Honorable Court issue an Order that the Cumberland County Department of Public Safety, produce copies of recordings of any 9-1-1 calls and any radio transmissions between the various emergency responders to be produced to the Petitioner. MARTSON LAW OFFICES r' j1 By. J. George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 29, 2012 VERIFICATION I verify that the statements contained herein 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. f ^? ? !1 Georg B. Faller, Jr., E uire Dated: 2 _ ( _ ( Z CERTIFICATE OF SERVICE I, George B. Faller, Jr., Esquire, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition in Equity was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Edward L. Schorpp, Esquire Solicitor for Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Edward L. Schorpp, Esquire 35 South Thrush Drive Carlisle, PA 17015 MARTSON LAW OFFICES Bye George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 29, 2012 IN RE: 9-1-1 RECORDINGS : AND RADIO TRANSMISSIONS : BETWEEN VARIOUS EMERGENCY PERSONNEL REGARDING A FIRE THAT OCCURRED AT 505 SOUTH MIDDLESEX ROAD, CARLISLE, PENNSYLVANIA, ON DECEMBER 28, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1357 CIVIL TERM IN RE: PETITION IN EQUITY ORDER OF COURT AND NOW, this 15'' day of March, 2012, upon consideration of the Petition in Equity, a Rule is hereby issued upon the Solicitor for the Cumberland County Department of Public Safety to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ? George B. Faller, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Petitioner L-1 Edward L. Schorpp, Esq. 35 South Thrush Drive Carlisle, PA 17015 Solicitor for Cumberland County :rc &p;e-5 /Ka,,(ed .311/G/l--?- Christyle . Peck, J. C1 C:" -, rnm -Or, A n =r J?v L ?- FAFILES\Clients\3050 Donegal\3050.Current\3050.678\3050.678.pra2 Revised: 3/22/12 2:13PM R I',I 1 ' George B. Faller, Jr., Esquire Attorney I.D. 49813 !012 A 22 Pit 3: 2 L MARTSON DEARDORFF WILLIAMS OT% jROy F`, `I, R MARTSON LAW OFFICES PEhliSY?.VAHll?. 10 East High Street Carlisle, PA 17013 (717) 243-3341 IN RE: 9-1-1 RECORDINGS AND RADIO TRANSMISSIONS BETWEEN VARIOUS EMERGENCY PERSONNEL REGARDING A FIRE THAT OCCURRED AT 505 SOUTH MIDDLESEX ROAD, CARLISLE, PENNSYLVANIA, ON DECEMBER 28, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 1357 IN EQUITY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. MARTSON,LAW OFFICES By . George , er, Jr, Esquir I.D. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Date: March a, 2012 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: The Honorable Christylee L. Peck Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Edward L. Schorpp, Esquire Solicitor for Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 MARTSON LAW OFFICES By Z ?Tricia D. E kcnroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March, 2012