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HomeMy WebLinkAbout12-223010 PAUL F. D-EMILIO, ESQUIRE '`i77 IS AEI ARBITRATION MATTER ATTORNEY I.D. #16654 ? 0 PAUL M. SCHOFIELD, JR, ESQUA _ ATTORNEY I.D. #81894 UMBERLAND COUNT, 905 W. SPROUL ROAD, SUITE 10 pF-Ntt SYL VAHIAATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE JENNIFER DANKO AND KENNETH DANKO P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. MICHAEL HOWARD 105 E. ALLEN STREET, NO. 111 MECHANICSBURG, PA 17055 COMMON PLEAS COURT OF CUMBERLAND COUNTY 3a CivCl NO. p?C l ?a AND KATHY RICHWEIN 105 E. ALLEN STREET, NO. 111 CIVIL ACTION MECHANICSBURG, PA 17055 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 BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO Le han demandado a usted an la torte. Si usted quiere defenderse de Batas demandas expuestas an las paginas siguientes, usted tiene (20) dies de plazo a partir de Is feche de Is demands y Is notificacion. Usted debe presenter una apariencia escrita o an persona o por abogado y archivar an la corte sus defenses o sus objeciones a las demandas encontra de su persona. Sea avisado qua si usted no se defiende, Is torte tomare medidas y puede entrar una orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio qua espedido an la petition de demands. Usted puede perder dinero, sus propiedades o otros derechos imporlantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 s ank4'° ?03.? s pd Gwr ?g99G P-4 a73-5-0 1 PAUL F. D-EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE JENNIFER DANKO AND KENNETH DANKO P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. MICHAEL HOWARD 105 E. ALLEN STREET, NO. 111 MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. AND KATHY RICHWEIN 105 E. ALLEN STREET, NO. 111 CIVIL ACTION MECHANICSBURG PA 17055 NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMPLAINT The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: The Plaintiff, Erie Insurance Exchange, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth of Pennsylvania, a mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of Donald Melerski, Cheryl Melerski and Kyle Melerski herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Michael Howard, is an individual residing at 105 E. Allen Street, No. 111, Mechanicsburg, PA 17055. 3. Defendant, Kathy Richwein, is an individual residing at 105 E. Allen Street, No. 111, Mechanicsburg, PA 17055. 4. At all times hereinafter mentioned the Defendant, Michael Howard was the agent, workman, servant and employee of the Defendant, Kathy Richwein then and there in engaged in the business of the Defendant, Kathy Richwein within the course and scope of his employment. 5. On or about October 19, 2010, a motor vehicle owned by the Defendant, Kathy Richwein and operated by the Defendant, Michael Howard was traveling on Brandy Lane, Mechanicsburg, Pennsylvania when he crossed the yellow line and sideswiped Plaintiffs Insured's vehicle causing the damages hereinafter set forth. 6. Plaintiff avers that the personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Three Thousand Six Hundred Twenty Five and 05/100 ($3,625.05) Dollars plus the Insured's deductible of Two Hundred Fifty and 00/100 ($250.00) Dollars for a total of Three Thousand Eight Hundred Seventy Five and 05/100 ($3,875.05) Dollars Count I Erie Insurance Exchange v. Michael Howard 7. Plaintiff, Erie Insurance Exchange, incorporates by reference all of the allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as though same were herein and set forth at length. 8. The said occurrence was due solely to the negligence of the Defendant, Michael Howard, in that he: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; 2 C. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did fail to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; g. did fail to keep a reasonable lookout for other vehicles lawfully on the road; h. did operate the motor vehicle without due regard for the rights, safety and position of the Insured at the point of aforesaid; i. did operate the vehicle without Insurance; j. did fail to maintain financial responsibility; and k. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland pertaining to the operation of motor vehicles. Count II Erie Insurance Exchange v. Kathy Richwein 9. Plaintiff, Erie Insurance Exchange, incorporates by reference all of the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. The said occurrence was do to the negligence of the Defendant, Kathy Richwein in that she: a. negligently entrust her vehicle to another operator for use when she knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the motor vehicle properly; b. negligently entrust her motor vehicle to a person which she knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrust her motor vehicle to a person known, should have 3 known or in the exercise of reasonable care would have known, was going to drive the vehicle in an improper, dangerous or reckless manner; d. negligently entrust her motor vehicle to another person who she knew, should have known or in the exercise of due care would have known would cause damages to another; and e. negligently entrust his motor vehicle to a person who did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. Paul F. DTmilid, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 4 ??- •? 6?o??cr2?3?fy VERIFICATION V?v v,? S V 14z-,s ubrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: „ _ . IA (5I 1 q-- ubrogation Specialist SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff ?}?t? Jody S Smith Chief Deputy Richard W Stewart Solicitor COUNTY ? - `'.. . Erie Insurance Exchange Case Number vs. Michael Howard (et al.) 2012-2230 SHERIFF'S RETURN OF SERVICE 04/12/2012 05:41 PM - 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: Michael Howard, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michael Howard. Deputies were advised, Michael Howard is deceased. 04/12/2012 05:41 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2012 at 1741 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathy Richwein, by making known unto herself personally, at 105 E. Allen Street, #111, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. S A SHALL, DEPUTY SHERIFF COST: $59.00 April 13, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF F:\FILES\Clients\14871 Richwine\1487I.I.ansI Revised: 8/3/ 12 10.56AM George B. Faller, Jr.,Esquire ? N MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER rn m ?- MARTSON LAW OFFICES Nr- G' I.D. 49813 r-z w 10 East High Street T ? a. Carlisle, PA 17013 ' (717) 243-3341 ' Attorneys for Defendant Stella Catherine Richwine - : ERIE INSURANCE EXCHANGE AS IN THE COURT OF COMMON PLEAS OF SUBROGEE, JENNIFER DANKO AND CUMBERLAND COUNTY, PENNSYL VAI\ KENNETH DANKO, Plaintiffs V. NO. 2012-2230 MICHAEL HOWARD CIVIL ACTION - LAW AND KATHY RICHWEIN Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT STELLA CATHERINE RICHWINE, incorrectly captioned, KATHY RICHWEIN. TO PLAINTIFF'S COMPLAINT r- mod,, 1. After reasonable investigation, Answering Defendant is without knowled# or information sufficient to form a belief as to the truth or falsity of the averments in this 2. Denied. To the contrary, Michael Howard is deceased. 3. Denied. To the contrary, Stella Catherine Richwine is an adult individual resi at 105 E. Allen Street, No. 111, Mechanicsburg, PA 17055. 4. Denied. To the contrary, Michael Howard was not acting as an agent, servaq, or employee of Defendant Richwine, nor was he employed by Defendant Richwine. 5. After reasonable investigation, Answering Defendant is without knowledg? or information sufficient to form a belief as to the truth or falsity of the averments contained ij this paragraph. The averments are, therefore, deemed denied and proof is demanded. 6. Denied pursuant to Pa. R.C.P. 1029(e). COUNTI Erie Insurance Exchange v. Michael Howard 7-8. The averments of these paragraphs are for a party other than Answering and, therefore, no response is required. COUNT II Erie Insurance Exchange v. Kathy Richwein 9. The averments of paragraphs 1 through 8 of this Complaint are hereby by reference. 10. It is denied that the Defendant was negligent. By way of further response, it is that she: a. negligently entrusted her vehicle to another operator for use when she knew, or the exercise of due care should have known, that the operator was not capable of operating the me vehicle properly. To the contrary, Michael Howard was properly licensed, but had not been gi permission to drive the vehicle on the day of the accident. b-e. Denied as stated. By way of further denial, see the response to Paragraph 10 (a . WHEREFORE, Defendant demands judgment in her favor and dismissal of Plainti rs Complaint with prejudice. NEW MATTER 11. Plaintiff's Complaint fails to state a claim against Stella Catherine Richwine t which relief should be granted. 12. On October 19, 2010, Michael Howard was operating the vehicle without permis of Stella Catherine Richwine. MARTS ON W OFFICES By George B. Faller, J , Esquire I.D. Number 4981 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Stella Catherine Richwine Date: 8/3/12 VERIFICATION George B. Faller, Jr., Esquire, of the firm of MARTSON DEARDORFF WILLIAMS O TO GILROY & FALLER, attorneys for Defendant Stella Catherine Richwine in the within act on, certifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief, based upon information provided by S lla Catherine Richwine. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. George h-" aller, Jr., Esquire CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this datd by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul F. D'emilio, Esquire Paul M. Schofield, Jr., Esquire 905 W. Sproul Road, Suite 10' Springfield, PA 19064 MARTSON LAW OFFICES By Aikvv?? Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 8/3/12 F.\FILES\Clients\14871 Richwine\14871. I.pral Revised: 8/10/12 0.36PM George B. Faller, Jr.,Esquire ' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -vim x MARTSON LAW OFFICES =rnM C= m;,. . I.D. 49813 Z,r 10 East High Street r-= Carlisle, PA 17013 (717) 243-3341 --c Attorneys for Defendant Stella Catherine Richwine ERIE INSURANCE EXCHANGE AS IN THE COURT OF COMMON PLEAS OF SUBROGEE, JENNIFER DANKO AND CUMBERLAND COUNTY, PENNSYLVANIA KENNETH DANKO, Plaintiffs V. NO. 2012-2230 MICHAEL HOWARD CIVIL ACTION - LAW AND KATHY RICHWEIN Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby directed to substitute the attached Verification for the one previously with the Answer with New Matter on or about August 3, 2012 in the above captioned matter. MARTSON LAW OFFICES By George B. faller, Jr., Esquire I. D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Stella Catherine Richwine Date: 8/10/12 VERIFICATION The foregoing Answer with New Matter is based upon information which has been by my counsel in the preparation of the lawsuit. The language of the document is that of counsel nd not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and bel ef. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4 04 relating to unsworn falsification to authorities, which provides that if I make knowingly f lse averments, I may be subject to criminal penalties. Stella Catherine Richwine F.\FILES\Clients\14871 Richwine\14871.1.ansl CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of 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 followE Paul F. D'emilio, Esquire Paul M. Schofield, Jr., Esquire 905 W. Sproul Road, Suite 105 Springfield, PA 19064 MARTS LAW OFFICES By ' Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 8/10/12 ~- PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE JENNIFER DANKO AND KENNETH DANKO VS. MICHAEL HOWARD AND KATHY RICHWEIN ATTORNEY FOR PLAINTIFF COMMON PLEAiS CQt,IRj„QF CUMBERLAND COU'Y NO. 2012-2230 ~y> ~, z r z7' a ~~-{ N CIVIL ACTION ~ `~ REPLY TO NEW MATTER OF DEFENDANT STELLA CATHERINE RICHWEE INCORRECTLY CAPTIONED, KATHY RICHWEIN The Plaintiff, Erie Insurance Exchange, by its attorney, Paul F. D'Emilio, Esqu replies to the New Matter of the Defendant, Stella Catherine Richwine, Incorrectly Captioned ,Kathy Richwein, in the above-captioned matter and sets forth as follows: 11-12. Denied. The allegations are conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. Furthermore, the allegations contain conclusions of fact and the material facts upon which they are ba are not pleaded with particularity as required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff respectfully requests that the New Matter filed by the Defendant, Stella Catherine Richwine, Incorrectly Captioned ,Kathy Richwein, be stricken. Respec~rlly submitted, ~, f..{_ ;d Paul F. D'Emilio, Esquire Attorney for Plaintiff VERIFICATION Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-captioned matter verifies that the facts contained in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to tihe penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificati~ authorities. DATE: .3 a- Paul F. D'Emilio. Esquire Attorney for Plaintiff i George B. Faller, Jr. Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE COMMON PLEAS COURT OF JENNIFER DANKO AND KENNETH DANKO CUMBERLAND COUNTY VS. MICHAEL HOWARD NO. 2012-2230 AND KATHY RICHWEIN CIVIL ACTION CERTIFICATE OF SERVICE I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of Plaintiff's Reply to NewM~att~r in the above-entitled matter has been served upon the following person on the +~st9"ay of August, 2012 by. first-class U.S. Mail, postage prey id: Paul F. D'+~iilio, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Erie Insurance Exchange as Subrogee, Jennfer Danko, et al ' Plaintiff N0.2012'223 ~ 20 VS. • ~ C N c~ ~ ~. -r; Michael Howard and Stella Catherine Richwine ~~ ~' ~ Defendant _~ ~ fir-` tn~ ~ ~ ~~ RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially ir~, ~'" ~ Following form: zG ~ ~ PETITION FOR APPOINTMENT OF ARBITRATORS b.~ ? C+p ~ oc~ ~ ~ TO THE HONORABLE, THE JUDGES OF SAID COURT: -< ,,,,, cm :ra George B. Faller, Jr., Esquire ,counsel for the defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of $50,000 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Paul F. D'Emilio, Esquire and Paul M. Schoefield, Jr., Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe s e , orge B. Fall Jr. ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. o~,+n~~- `a~• said a. 200 , in consideration of the foregoing Esq., and . Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Erie Insurance Exchange as Subrogee, Jennfer Uanko, et al Plaintiff N0.2012-223 O ~ 20 V S. c"~ C • ~W Michael Howard and Stella Catherine Richwine ~~ RULE 1312-1 Defendant ~ ~~ -'<~, The Petition for Appointment of Arbitrators shall be substantially iti Following form: ~ ~ G C PETITION FOR APPOINTMENT OF ARBITRATORS ~ TO THE HONORABLE, THE JUDGES OF SAID COURT: r*,~ e~ N ~c t x. 00 ~~ -*' --i -~ ~,y rn ~ rr-: o ~' ~ r ~~ ~~ `~ rr, r George B. Faller, Jr., Esquire ,counsel for the g'defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of $50,000 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Paul F. D'Emilio, Esquire and Paul M. Schoefield, Jr., Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe s e , George B. Fall Jr. ORDER OF COURT p,,,r,~~ aa$• ~~d a Ck.1+ ~t,3-~~3 ANDeNO nW-", -~^i'! m~irn_G~.[/a, o2lJ , 20~~_, in consideration of the foregoing petition, ~~~CN~XA L. /1~~~ Esq., and ~ ~./lrtlJl~z Esq., and Q/YZJ Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. ourt, ~ ~~ C /3. f~t~~t~ ~, ~s~ 8S ~£ dJd OZ AON ZICc evin A. Hess, P.1. ~~ ~'ep:~s ~.a. ~/P ~~ f aola PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE : COMMON PLEAS C R%O JENNIFER DANKO AND KENNETH DANKO CUMBERLAND C TZ; -{ Me = � 7-rn Mw VS. — �b NO. 2012-2230 CO ao o' MICHAEL HOWARD C5 AND a : KATHY RICHWEIN CIVIL ACTION PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY, P.C.: Kindly mark the above entitled matter discontinued and ended upon payment of your cost only. Date: 3 ul M. I , Jr., Esquire I No.: 81894 e-mail dess: pauls@demiliolaw.com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld @demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303