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Home My WebLink About12-5041IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 102 - 5641 rtV?? CIVIL ACTION - LAW ANDREW MCCAUSLIN 110 Regency Woods North Carlisle, PA 17015 SPENCER THOMAS 7 N. Locust Point Road Mechanicsburg, PA 17055 -or- 6843 Wertzville Road Enola, PA 17025 u-CF F? ,c l yDr, THONOTAR 2012 AUG 14 PH? 1: 00 CUMBERLAND COUNTY PENNSYLVANIA Plaintiff(s)& Defendant(s) Address(es) Address(es) IN EXCESS OF ARBITRATION LIMITS JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the Defendant, Spencer Thomas. The Writ of Summons should be issued and returned to the undersigned, attorneys for the Plaintiff, for service. Date: 14uc?sF f § , 2012 I.X 501438-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By CTark DeVere, Esquire I.D. No. 68768 Zachary D. Campbell, Esquire I.D. No. 93177 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff ? ,a?q,3L METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff ANDREW MCCAUSLIN, Plaintiff vs. SPENCER THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. lob - S6(-(l civ(.( CIVIL ACTION - LAW IN EXCESS OF ARBITRATION LIMITS JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Spencer Thomas 7 N. Locust Point Road Mechanicsburg, PA 17055 -or- 6843 Wertzville Road Enola, PA 17025 You are hereby notified that Plaintiff, Andrew McCauslin, has commenced an action against you. Date: '2012 I Prothonotary 501438-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 ~~fE_FO-OFFICE: T`~' °IrOTHQNOTAn:~ ~I~l2 AUG 24 PM 1:38 Cr~~~f RLAND COUNTY P~fINSYl.VANIA Attorneys for Plaintiff ANDREW MCCAUSLIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 12-5041 vs. CIVIL ACTION -LAW SPENCER THOMAS, IN EXCESS OF ARBITRATION LIMITS Defendant JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I hereby accept service of the Writ of Summons that was issued in the above-caption action on August 14, 2012 on behalf of the Defendant, Spencer Thomas and certify that I authorized to do so. OFFIT Date: ~ ~ f '~ 2012 ar Cutler, Esquire en nn Center 1801 Market Street, Suite 2300 Philadelphia, PA 19103 Attorney for Spencer Thomas 503112-1 ~'a~~..~~1-~a ~~~~ OFFIT KURMAN, P.A. `~ °°: ~ ;,~ ~- ~ l ~ TN 0 N Q TA r~ Y By: Gary B. Cutler, Esquire ~ J, x ~ SEt~ _ ~ ~ +~. ~ g Attorney I.D. No. 30924 Ten Penn Center !"~~"tj~~{~(-Qp~~ ea~~rY 1801 Market Street, Suite 2300 ~'~. ~i ~! S Y LVA M ~ Q Philadelphia, Pennsylvania 19103 (267) 338-1300 gcutler@offitkurman.com Attorney for Defendant, Spencer Thomas ANDREW MCCAUSLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. NO. 12-5041 SPENCER THOMAS Defendant JUSTIN T. ABICHT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. NO. 11-4779 SPENCER R. THOMAS Defendant MOTION TO CONSOLIDATE Defendant Spencer R. Thomas ("Thomas") by and through his undersigned counsel, Offit Kurman, hereby requests that this Honorable Court consolidate the above-captioned cases and, in support thereof, avers as follows: 1. The above-captioned cases arise out of the same motor vehicle accident (the "Accident") which occurred on January 31, 2011. 2. Justin Abicht ("Abicht") filed an action to recover for injuries he asserts that he suffered as a result of the negligence of Thomas as a result of the Accident. Said action was filed under the caption of Justin T. Abicht v. Spencer R. Thomas, Cumberland County Court of Common Pleas, No. 11-4779 (the "Abicht Matter"). See Complaint of Justin T. Abicht attached hereto as Exhibit "A." 3. Andrew McCauslin ("McCauslin") has filed a Writ of Summons against Spencer Thomas also in the Cumberland County Court of Common Pleas under Civil Action Number 12- 5401. Although this was filed only by Writ of Summons to date, the communications between counsel and logic confirm that the basis for this action is the claim resulting from the accident also referenced in the Abicht v. Thomas Complaint. See Writ of Summons, attached hereto as Exhibit "B." 4. The Abicht Matter is set for arbitration on October 25, 2012. 5. Based upon conversations with Clark DeVere, Esquire, counsel for McCauslin in the McCauslin Matter, it is clear that the McCauslin Matter is based on the same transaction and occurrence as the Abicht Matter, specifically, the Accident and it is anticipated that, in his reply to this Motion, Mr. DeVere will confirm that the Writ was filed for injuries suffered by his client in the same accident as described in Abicht's Complaint. 6. Pursuant to Rule 213 of the Pennsylvania Rules of Civil Procedure, "actions .. . which involve common questions of law or fact or which may arise from the same transaction or occurrence, the court ...may order the actions consolidated, and may make orders that avoid unnecessary costs or delay." Pa.R.C.P. § 213. 7. The above actions involve common questions of law and fact and arise from the same transaction or occurrence. 8. The consolidation of these matters will avoid any potential prejudice due to conflicting judgments. 9. The consolidation of these two matters will avoid any potential for conflict between the three potential claimants against Spencer Thomas to the rights to recover from the policy of insurance covering Mr. Thomas. 10. It is requested that this Court grant consolidation of these two matters, with the McCauslin Matter, No. 12-5401 being designated as the lead case, thereby removing the Abicht Matter from the arbitration rolls, and with the dates to govern these consolidated cases to be assigned by the Court. WHEREFORE, Defendant Spencer R. Thomas, hereby requests that this Honorable Court enter the proposed order consolidating these matters. Respectfully submitted, OFFIT KURMAN, P.A. By: Gary B. tier, Esquire Attorney I.D. No. 30924 Ten Penn Center 1801 Market Street, Suite 2300 Philadelphia, Pennsylvania 19103 (267) 338-1300 gcutler@offitkurman. com Attorneys for Spencer Thomas 4851-4773-4544, v. 1 ~~ ANGINO & ROVNER, P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-m ai I : rsad 1 ock@angi no-rovn er. corn JUSTIN T. ABICHT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA ~~ CIVIL ACTION -LAW NO. 1l-y7~y Civil Tfw SPENCER R. THOMAS, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 Compiaint 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 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 PROV-IDE YOU WITH INFORMATION ABOUT HIlZING A LAWYER IF.YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTI'H INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, PA 17013 (71?) 249-3166 470596 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and tho seal of said Court at Carlisle, Pa. r his ~dey of~Sdb.~-, 20,~ 1 ,_ Prothop~tary~~ AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accidn dentro de los prdximos veinte (20) dias despues de la notificacidn de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas d.e, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accign como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes pars used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A L;A SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 470596 ANGINO & ROVNER, P.C. Richazd A Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail : rsad I ock@angin o-ro vner. corn JUSTIN T. ABICHT, Plaintiff v. SPENCER R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Justin T. Abicht is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 43 Regency Woods North, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Spencer R. Thomas, is an adult individual, who resides at 613 Silver Spring Road, Mechanicsburg, Cumberland County, PA 17050. 3. The facts and occurrences hereinafter related took place on or about January 31, 2011, at approximately 12:14 A.M. on Pa. Rte. 944 west, Silver Spring Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Justin T. Abicht was a back seat passenger in a 2002 Lincoln LS automobile, owned and operated by Defendant Spencer R. Thomas. 5. At that time and place, Defendant Spencer R. Thomas drove his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 470596 6. At that time and place, Defendant Spencer R. Thomas operated his vehicle at a high rate of speed, and lost control of the 2002 Lincoln LS Auto. 7. At that time and place, Defendant Spencer R. Thomas swerved to the right, causing the 2002 Lincoln LS automobile to roll over several times, and to strike several trees before coming to rest. 8. The violent force of the collision forced Plaintiff Justin T. Abicht to be ejected from the Lincoln automobile. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Justin T. Abicht are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Spencer R. Thomas operated his vehicle as follows: a. failure to travel at a safe speed; b. failure to take reasonable evasive action to avoid the accident; c. failure to keep proper and adequate control over his vehicle; d. failure to drive his vehicle with due regard for the existing highway and traffic conditions of which he was, or should have been, aware; and e.. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. As a result of Defendant's negligence, as herein before related, Plaintiff Justin T. Abicht has sustained injuries which include, but are not limited to, a fractured tooth, lumbar spine pain, right wrist pain, left hip pain, and a loss of consciousness. 470596 ' 11. By reason of the aforesaid injuries sustained by Plaintiff Justin T. Abicht, he was forced to incur liability for medical treatment, medications and similar miscellaneous expenses in an effort to restore himself to health and claim is made therefor. 12. Because of the nature of his injuries, Plaintiff Justin T. Abicht, has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Justin T. Abicht has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Justin T. Abicht has been and in the future will be subject to great humiliation and embarrassment, and has suffered disfigurement, and claim is made therefor. 15. Plaintiff Justin T. Abicht continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Justin T. Abicht has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff, Justin T. Abicht demands judgment against Defendant Spencer R. Thomas in an amount in excess of Fifty Thousand ($50,000) Dollars exclusive of interest and 470596 costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: C1~ i~ i~ Respectfully submitted, ANGINO & ROVNER, P.C. _---' ~haz . Sadlock, Esquire I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 470596 VERIFICATION I, JUSTIN T. ABICHT, Plaintiff, have read the foregoing Complaint and do hereby swear or affum that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. it /. ~i~ ~~~ -_'~ ~ -. Witness JUS T. ABICHT Dated: n ~ l~ Date: ~'' ~ ~ ~; f i 470791 ! ~D-CFFiCc IN THE COURT OF COMMON PLEAS .~ ;- ; ~ ?nD; NONOTAR r CUMBERLAND COUNTY, PENNSYLVANIA r; zo i z auc ~ 4 Pc~ ~ : a o NO. I a - ~6~1 ~v~ ~ CUMOERLAND COUNTY CIVIL ACTION -LAW PENNSYLVANIA ANDREW MCCAUSLIN SPENCER THOMAS 110 Regency Woods North 7 N. Locust Point Road Carlisle, PA 17015 Mechanicsburg, PA 17055 -or- 6843 Wentzville Road Enola, PA 17025 Plaintiff(s)& Defendant(s) Address(es) Address(es) IN EXCESS OF ARBITRATION LIMITS JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the Defendant, Spencer Thomas. The Writ of Summons should be issued and returned to the undersigned, attorneys for the Plaintiff, for service. Date: /~u~~r~ !3 , 2012 501438-! METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Clark DeV-ere; Esquire I.D. No. 68768 Zachary D. Campbell, Esquire I.D. No. 93177 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff ~t~~o3 ~SPd o~ ~~ ~ ~~ ~.~,a~q.3oS METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff ANDREW MCCAUSLIN, Plaintiff vs. SPENCER THOMAS, Defendant TO: Spencer Thomas 7 N. Locust Point Road Mechanicsburg, PA 17055 -or- 6843 Wertzville Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~a- Spyl Ct~~ ~ . CIVIL ACTION -LAW . IN EXCESS OF ARBITRATION LIMITS JURY TRIAL DEMANDED WRIT OF SUMMONS You are hereby notified that Plaintiff, Andrew McCauslin, has commenced an action against you. Date: ~ , 2012 1 Prothonotary 501438-I OFFIT KURMAN, P.A. By: Gary B. Cutler, Esquire Attorney I.D. No. 30924 Ten Penn Center 1801 Market Street, Suite 2300 Philadelphia, Pennsylvania 19103 (267) 338-1300 gcutler@offitkurman. com Attorney for Defendant, Spencer Thomas ANDREW MCCAUSLIN Plaintiff v. SPENCER THOMAS Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-5041 JUSTIN T. ABICHT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. NO. 11-4779 SPENCER R. THOMAS Defendant MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO CONSOLIDATE Defendant Spencer R. Thomas ("Thomas") by and through his undersigned counsel, Offit Kurman, hereby submits this Memorandum of Law in Support of his Motion to Consolidate the two above-captioned cases. I. FACTS The above-captioned matters arise out of the same January 31, 2011 motor vehicle accident (the "Accident"). The Accident involved one vehicle containing four occupants. Thomas was the driver and Justin T. Abicht ("Abicht"), Andrew McCauslin ("McCauslin") and Ryan Dunton ("Dunton") were passengers. Abicht filed an action to recover for injuries he asserts that he suffered as a result of the negligence of Thomas as a result of the Accident. Said action was filed under the caption of Justin T. Abicht v. Spencer R. Thomas, Cumberland County Court of Common Pleas, No. 11-4779 (the "Abicht Matter"). See Complaint attached hereto as Exhibit "A." McCauslin also asserts that he suffered injuries as a result of the Accident and brought suit against Thomas. This action was filed by Writ of Summons under the caption of Andrew McCauslin v. Spencer Thomas, Cumberland County Court of Common Pleas, No. 12- 5401 (the "McCauslin Matter"). See Writ of Summons attached hereto as Exhibit "B." The Abicht Matter is set for arbitration on October 25, 2012. In order to protect properly the interests of Spencer Thomas, if this arbitration proceeds as scheduled, it will mandate no matter what the result that an appeal from that arbitration be taken. The McCauslin Matter has just been filed and only a Writ of Summons has been issued. Based upon conversations with Clark DeVere, Esquire, counsel for McCauslin in the McCauslin Matter, it is clear that the McCauslin Matter is based on the same transaction and occurrence as the Abicht Matter, specifically, the Accident. In addition, it is anticipated that in his reply to this Motion, counsel for McCauslin will confirm that the action begun by Writ arises out of the same occurrence as described in the Abicht Complaint II. LAW The Pennsylvania Rules of Civil Procedure have anticipated this exact situation. See Pennsylvania Rule of Civil Procedure 213(a). This Rule states: Actions ...which involve a common question of law or fact or which may arise from the same transaction or occurrence, the court ...may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. Pa.R.C.P. 213(a). The ordering of a joint trial or hearing or the consolidation of actions should be sought by counsel whenever loss of time, costs and expense may be reduced by the elimination of duplication of effort in the separate actions. Goodrich-Amram 2b, 2d 213(a):l. Avoiding unnecessary delay, expenses, and duplication of effort is a laudable objective of Rule 213(a) which is beneficial to both the court and to the litigants in an action. Goodrich-Amram 2d, Section 213(a):2. The decision to consolidate actions rests within the discretion of the trial court. Balla v. Slavek, 381 Pa. 85, 112 A.2d 156 (1955); see also, Hamilton v. Gallo, 233 Pa.Super. 476, 334 A.2d 692 (1975). However, in a proper case, the court should consolidate separate actions to avoid multiplicity of trials or hearings and to reduce the expenses to the parties. Id. In Acquaviva v. Hartman, 203 Super.Ct. 505, 201 A.2d 239 (1964), there was a collision between an automobile operated by Betty Louise Acquaviva and another operated by George J. Hartman. Two separate actions were proceeding in the courts. The court consolidated the actions for trial. The purpose of combining the trials was twofold: (a) to prevent inconsistent verdicts, and (2) to eliminate trial delays and speed litigation. Acquaviva, 201 A.2d at 242; citing, Ason v. Leonhart, 402 Pa. 312, 165 A.2d 625 (1960). In the case at bar, both actions arise from the same motor vehicle accident. Both actions involve common questions of law and fact that arise from the same transaction of occurrence. Consolidation of the above actions would avoid inconsistent verdicts, unnecessary delay, expenses and time. The consolidation clearly would avoid significant and unnecessary costs as referenced above through the unnecessary preparation for, attendance at and, because it appears that a decision against Thomas on liability appears to be a fait accompli, required appeal of any decision made by the panel. These unnecessary costs can be avoided by consolidation. All three claims arise out of the presence in one vehicle in a one vehicle accident. If any case ever screamed for consolidation, this is that case. III. CONCLUSION Defendant Spencer R. Thomas respectfully requests that this Honorable Court consolidate the above actions for the purposes of discovery and trial. Respectfully submitted, sy: ary B. Cutler, Esquire Attorneys for Defendant Spencer R. Thomas 4837-2298-1904, v. 1 ANDREW MCCAUSLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. NO. 12-5041 SPENCER THOMAS Defendant JUSTIN T. ABICHT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. NO. 11-4779 SPENCER R. THOMAS Defendant CERTIFICATE OF SERVICE I, Gary B. Cutler Esquire, hereby state that on ~'"~'~ ~( .2~ 12 I caused the following documents to be served via: First Class Mail, postage prepaid to the following: Document(s): Motion to Consolidate, Memorandum of Law and Proposed Order regarding the above captioned matters. Persons : Clark DeVere, Esquire Richard A. Sadlock, Esquire Zachary D. Campbell, Esquire Angino Royner Metzger, Wickersham, Knauss & Erb, P.C. 4503 North Front Street P.O. Box 5300 Harrisburg, Pennsylvania 17110 Harrisburg, Pennsylvania 17110-0300 Attorney for Justin T. Abicht Attorneys for Andrew McCauslin OFFIT KURMAN, P.A. By: ary B Cutler, Esquire Attorney I.D. No. 30924 Ten Penn Center 1801 Market Street, Suite 2300 Philadelphia, Pennsylvania 19103 (267) 338-1300 (267) 338-1335 (fax) gcutler@offitkurman.com ANDRFIW McCAUSLIN, Plaintiff .~, SPENCER THOMAS, Defendant JUSTIN T. ABICH`I', Plaintiff ~~. SPENCER "THOMAS, Defendant IN THE COURT OF COMMON PLEAS Ol~~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-5041 CIVIL TERM ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 11-4779 CIVIL TERM I:N RE: MOTION AND AMENDED MOTION TO CONSOLIDA"T}~. ORDER OF COURT AND NOW, this 315` day of October, 2012, upon consideration of the Motion and Amended Motion To Consolidate, and upon Plaintiff Justin T. Abicht's objection thereto, the motion to consolidate is hereby denied. BY THE COURT, F ~ ~ ~~; ,_ -~-L ~~ ~., i ~,r~ < < ~~ ~ ~ -- Christylee'L. Peck, J. /Clark DeVere, Esq. Zachary D. Campbell, Esq. P.O. Box 5300 Harrisburg.. PA 17110-0300 Attorneys for Andrew McCauslin Richard A. Sadlock, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Justin 'T. Abicht ;/~ Gary B. Cutler, Esq. Ten Penn Center 1801 Market Street, Suite 2300 Philadelphia, PA 19103 Attorney for Spencer Thomas rc ~p; cs rya,, "loo( ~%3 ~/~ ~ ~/G ~