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
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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
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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> ~,
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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.
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Michael Howard and Stella Catherine Richwine ~~ ~' ~
Defendant _~ ~ fir-`
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~ ~ ~~
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
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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:
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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