HomeMy WebLinkAbout02-0821COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
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NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below
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This block will be signed ONLY when this notation is requ
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This Notice of Appeal, when received by the District
SUPERSEDEAS to the judgment for possession in this case.
NOTICE OF APPEAL
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DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na (30 t (T^q. / /?, 1"P
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'J.P Na If appellant was CLAIMANT (see Pa. R.CP.J.P. No.
Justice, will operate as a I 1001(6) in action before District justice, he MUST
FILE A COMPLAINT within twenty (20) days after
we of Prothonotary or Deputy filing his NOTICE of APPEAL.
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PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Name of appeBee(s) , appellee(s), to file a complaint in this appeal
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Sgialure
of appese?t or his attorney or agent
RULE: To , appellee(s)
Name of appeUSe(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
svNeure d Fmu"awy or Dw*
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or aff irm that I served
? a copy of the Notice of Appeal, Common Pleas No. _ upon the District Justice designated therein on
(date of service) ? by personal service ? by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) -._ on
? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS - _ DAY OF __. , ?....._ _
_ -_-
Signature of official before whom affidavit was made
Titie of official
My commission expires on ........... .._..... _..-_..... _-, ... __...._...
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Signature of affiant
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COMMONWEALTH OF PENNSYLVANIA
..` COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-2-01
DJ Name: Hon
PAULA P. CORREAL
Address I COURTHOUSE SQUARE
CARLISLE, PA
Telephone: (717) 240-6564 17013-0000
ATTORNEY FOR PLAINTIFF :
KARL E. ROMINGER
155 S HANOVER ST
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment: -?F9
?% Judgment was entered for: (Name) -Ill
51 Judgment was entered against: (Name)
in the amount of $ on on:
? Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
Iti !NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rCRAMER, RANDY -1
170 RED TANK ROAD
BOILING SPRINGS, PA 17007
L J
VS.
DEFENDANT: NAME and ADDRESS
FDICK, PAUL
1100 ENOLA ROAD
CARLISLE, PA 17013
L J
Docket No.: CV-0000458-01
Date Filed: 12/03/01
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or ? generally stayed.
E Objection to levy has been filed and hearing will be held:
(Date of Judgment)
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TFt/INSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
Date s P District Justice
certify that this is a true and rec cop of the recor of c e+ gs containing th udgment.
Date ?l-e- istrict Justice
My commission expires first Monday of January, 2006 SEAL
AOPC 315-99
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SS
AFFIDAVIT: I hereby swear or affirm that I served
pa a copy of the Notice of Appeal, Common Pleas No.
(date of service) __.?_ _J,?-
receipt attached hereto, and upon the appellee, (name) _
_ ? by personal service
? and further that I served the Rule to File a Complaint accon
the Rule was addressed on _,
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS _ DAY OF L?l1e'?/?%V, -Z
Signature of atfi 1 before whom affidavit was made
t/ Lupon the District Justice designated therein on
service by (certified) (registered) mail, sender's
_...711 on
anying the above Notice of Appeal upon the appellee(s) to whom
? by personal service ? by (certified) (registered)
Signature of affiant
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RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002-00821
v
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following Complaint, 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any [tearing or business before the court.
You must attend the scheduled conference or hearing.
RANDY L. CRAMER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Randy L. Cramer, by and through his privately retained attorney, Karl
E. Rominger, Esquire and in support of his Complaint avers as follows:
1. Plaintiff is an adult individual with his principal address at 170 Red Tank Road,
Boiling Springs, PA 17007.
2. Defendant Paul E. Dick is an adult individual believed to be residing at 1100 Enola
Road, Carlisle, PA 17013.
3. On or about the 25`" of June, 2001, Paul E. Dick and Randy L. Cramer entered into an
agreement to timber land which is attached and incorporated by reference as if fully set out herein
(Exhibit "A").
4. During February of 2001, Plaintiff and Defendant along with another individual
known as Merle Tate walked the land of Defendant to determine what trees Defendant had
available for timbering, and to determine where Defendant's boundaries were.
5. Defendant on this initial walk through pointed out the boundaries to his property and
assured Plaintiff that he owned the lands in question.
6. Later in February Plaintiff and his wife were to meet with Defendant to mark the trees.
7. Defendant had indicated if he did not make the meeting he would leave the gate open
which would give Plaintiff and his wife access to mark the trees.
8. Plaintiff and his wife marked approximately one hundred and twenty-eight (128) trees
with orange paint and marked each tree to bear sequential numbers from one (1) to one hundred
and twenty-eight (128).
9. Upon returning from the woodland to Defendant's residence, Plaintiffs indicated to
Defendant that they completed marking the trees.
10. Defendant had time to look over what trees were marked and upon information and
belief did so.
11. On the 25'h day of June, 2001, Defendant traveled to the law offices of Harold S.
Irwin, III and executed the agreement previously referenced as Exhibit "A"
12. On or about October 4, 2001, Plaintiff moved a skidder onto the property to begin
logging.
13. At that time, Defendant confronted Plaintiffs men and threatened to call the police
saying that they were trespassing and were not allowed on the property to cut the timber.
14. On or about the 12`h of October, 2001, Defendant conceded and allowed Plaintiff to
begin logging operations.
15. Defendant requested Plaintiff not cut certain white oak trees.
16. Defendant showed Plaintiff several white oak trees next to the field, but not up on the
mountain ground, which he did not want cut.
17. Plaintiff agreed not to cut white oak next to the field.
18. As the logging operation continued, Defendant declared Plaintiff was to cut no white
oaks and refused to allow any white oaks to be cut.
19. Defendant allowed Plaintiff to finish cutting the red oak trees, but again said that he
did not intend to honor the contract as to the white oaks (which were previously numbered) and
declared Plaintiffa trespasser.
20. Plaintiff while at all times believing he was entitled to cut the white oaks, did not
wish to breach the peace in order to do so, and thus was stopped from doing so by Defendant.
21. Plaintiff then made repeated demands upon Defendant to allow him to complete
cutting under the contract.
22. Defendant never acquiesced and Plaintiff was unable to finish cutting the trees he
paid for under the timbering agreement.
COUNT I. BREACH OF CONTRACT
23. Previous paragraphs are incorporated by reference as if more fully set out herein.
24. There is a valid written contract between the parties which allowed Plaintiff to cut
one hundred and twenty-eight (128) trees.
25. Defendant refused to perform under the contract and allow Plaintiff to cut any of the
marked trees which were white oak.
26. The failure to allow Plaintiff to cut the trees as bargained for caused Plaintiff to lose
the resale value of the white oak trees.
27. Plaintiff believes and therefore avers that he would have made a profit of at least
$30,000.00.
28. Plaintiff had substantially performed under the contract by providing the $12,000.00
down payment. The $4,000.00 final payment was not made bemuse of the failure to perform by
Defendant.
WHEREFORE, Defendant respectfully requests that this Honorable Court award him
damages in an amount in excess of the local limit on compulsory arbitration, including his lost profits,
costs, interest and attorney fees.
COUNT II.
29. Previous paragraphs incorporated by reference as if more fully set out herein.
30. In the course of timbering the property of Defendant, Plaintiff felled various trees
which were within the boundaries of the land claimed to be owned by Defendant Paul E. Dick.
31. Two individuals, being one, Mario Novi and Roger Lehman made demands upon
Plaintiff claiming that Plaintiff had timbered trees from their land.
32. Plaintiff was forced to pay $4,000.00 as part of a negotiated settlement with these
individuals for falling timber from their land.
33. Plaintiff relied upon the representation of Defendant and the tax map shown to
Plaintiff by Defendant.
34. But for the representations of Defendant, Plaintiff would not have cut the trees in
question.
35. The fees and monies paid including attorney fees, were a direct and proximate result
of the negligence or willful acts of Defendant.
36. For the aforesaid reasons, Plaintiff was harmed and is entitled to indemnification or
reimbursement.
WHEREFORE, Defendant respectfully requests that this Honorable Court award him
liquidated damages in the amount of 54000.00, plus attorney fees paid, plus attorney fees for this
suit, along with costs and interests.
Respectfully submitted,
ROMINGER & BAYLEY
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
Date: November 14, 2003
L.
VERIFICATION
KARL E. ROMINGER, ESQUIRE, states that he is the attorney for, Plaintiff in this
action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. §4904, relating to unworn falsification to authorities.
Date: November 14, 2003
Karl E. Rominger, Esquire
Attorney for Plaintiff
AGREEMENT TO TIMBER LAND
7`
AND NOW, this .-c)day of June, 2001, by and between PAUL E. DICK, 1100
Enola Road, Carlisle PA, 17013, hereinafter referred to as "SELLER";
AND RANDY L. CRAMER, 170 Red Tank Road, Boling Springs, PA 17007,
hereinafter referred to as "BUYER";
WHEREAS, Seller is the owner of a certain tract of timberable land located at
1100 Enola Road, Carlisle, North Middletown Township, Cumberland County,
Pennsylvania, and
WHEREAS, Seller desires to sell and Buyer desires to purchase certain timber
of veneer quality as hereinafter identified and described, subject to all the terms,
conditions and stipulations hereinafter set forth.
NOW, T iF^EFpRF the parties, intending to be !eaallti boy ^ !hereby, mutually
agree as follows:
1. The timber sold under the provisions of this Agreement shall be timber
of veneer quality on the designated area of Seller's land located at
1100 Enola °oad, C2r!!c!s, North Middletown Te??,nshlp, Curn`?rland
County, Pennsylvania. Trees to be harvested shall consist solely of
the Red Oak and White Oak variety.
2. Trees to be harvested shall be marked with a paint slash prior to the
commencement of logging operations and all designated trees so
marked must be felled.
3. The mutually agreed upon purchase price of the this timber shall be
Sixteen Thousand ($16,000.00) Dollars, payable as follows: Twelve
Thousand ($12,000.00) Dollars payable to Seller upon the signing of
this Agreement, the receipt of which is hereby acknowledged by Seller
and the balance to be paid to Seller upon completion of the logging
operation.
4. This contract shall expire on December, 30, 2001 .
5. Buyer agrees to the following terms and condition with respect to the
logging operation:
a. Trees will be felled only within the boundaries of Seller's property
and no trees are to be felled across property lines.
b. No line trees shall be cut on bordering property lines.
c. Tree length skidding is permitted, provided residual trees are
protected. Trees sixteen inches in diameter at breast height and
smaller are exempt from this provision except that all damaged
trees must be cut off as close to the ground as practical.
d. Buyer's haul roads, skid roads or landings are to be placed in
locations agreeable to the Seller or his designated agent. At the
conclusion of the logging operation, all landing and skid roads shall
be leveied by the Buyer, at Buyer's expense.
e. The Buyer shall be responsible for complying with all provisions of
the Erosion and Sediment Pollutions Control Act. The Seller
reserves the right to the stop harvesting of trees at any time the
provisions of the Act are being violated. In the event of such
stoppage by Seller, Buyer will be entitled to a prorated refund of his
deposit for those marked trees not harvested.
f. The Buyer must remove all debris, such as paper, oil cans chain,
cable, etc. that may result from his operation.
g. The Buyer shall have full and free liberty of entry and right of way
for himself, his employees, agents, equipment, contractors and
subcontractors, in, through, over and upon the land of Seller as
may be necessary to remove timber.
h. Buyer shall promptly remove any mud dragged onto the public
road.
I. The Seller or Seller's agents reserve the right to stop the logging
operation at any time the provisions of this Agreement are being
violated.
j. In the event of such stoppage by Seller under the provisions for
Paragraph 5 (h) above, or for any other reason, Buyer will be
entitled to a prorated refund of his deposit for those marked trees
not harvested in addition to loss profits as outlined in Paragraph 12
below.
k. Buyer will notify the Seller or Seller's agent at least three days prior
to the beginning of the harvesting and three days prior to the
completion of harvest operations.
6. Buyer agrees to have in force and maintain at his sole expense during
the term of this Agreement the following minimum insurance coverage:
a. Workers Compensation - as required by state law;
b. General liability - $300,000 Combined Single Limit;
c. Automobile Liability - $300,000 combined Single Limit.
7. Buyer shall provide Seller with certificates of insurance showing the
coverage as specified above. Proof of all such insurance shall be
submitted to Seller at least fifteen (15) days prior to the
commencement of logging operations.
8. The Buyer may sub-contract the cutting and removal of timber in order
to perform fully under this Agreement. However, Buyer shall be
responsible for the full compliance with the terms of this agreement by
any sub-contractor. Any sub-contractor employed or retained by
Buyer must furnish proof of insurance in the amounts above listed in
paragraph six (6) above within the time limits specified in paragraph
seven (7) above.
9. Buyer shall alone be liable for any loss or damage to equipment or
personnel engaged in the logging operation, which may arise from any
cause whatsoever on said premises and agrees to fully indemnify,
protect and save harmless Seller against any such damage, loss or
expense as to all claims or liability resulting from accidents, negligence
or from any other cause whatsoever.
10. Seller agrees to provide the exclusive right to Buyer the option of
cutting additional timber of veneer quality, which may have been
overlooked at the time of the original walk through on the property
stated above. In the event Buyer locates additional timber, Buyer will
contact Seller prior to cutting the newfound timber and establish with
Seller an agreed upon price for said newfound timber. Upon reaching
an agreement on the price of the newfound timber, Buyer will continue
the logging operation, which will include said newfound timber.
11. Buyer alone shall be responsible for all costs associated with the
logging operation, removal of the timber and restoration of the logging
site as herein specified.
12. The parties to this Agreement contemplate that Buyer will sell the
harvested timber to third party purchasers in an effort to make certain
determinable profits. Any default in the terms of this Agreement by
Seller, his heirs, agents or assigns, shall entitle Buyer to damages,
including but not limited to recovery such lost profits as Buyer could
reasonable have made on the sale of the timber to third parties based
on the applicable value of said timber at the time and place of this
Agreement.
13. This Agreement shall be binding on the parties hereto, their respective
personal representatives, heirs, agents and assigns.
14. This Agreement shall be governed by the laws of the Commonwealth
of Pennsylvania.
IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESSED BY:
/? a
SELL,
?,/? ? t""` . (SEAL)
PAUL E. DICK
:ND;YL 2u^(SEAL)
C ME
COMMONWEALTH OF PENNSYLVANIA
COUNTY (fir rUMBERLAND
ss:
On this, the 25'b day of June, 2001, before me the undersigned officer,
personally appeared PAUL E. DICK and RANDY L. CRAMER, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed same for the purposes therein
contained.
!N' WITNESS WHEREOF, I hereunto set my hind and sea!
Notarial Seal
Harold S. Irvin III, Notary Public
Cadisle Boro, Cumberland County
FMY Commission Expires Sept. 23, 2002
Member, Pennsylvania Association of Notaries
7
Notary Public
?Ct c.T
RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for do hereby certify that I this day served a copy
of the Complaint upon the following by depositing same in the United States mail, postage
prepaid, at Carlisle, Pennsylvania, addressed as follows:
Paul E. Dick
1100 Enola Road
Carlisle, PA 17013
Karl E. Rominger, Esquire
Attorney for Plaintiff
Dated: November 14, 2003
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RANDY L. CRAMER,
Plaintiff
V.
PAUL E. DICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
2002-00821 CIVIL TERM
: JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Defendant, Paul E. Dick, in the above
captioned case.
Respectfully Submitted,
IRWIN & McKNIGHT
YNY Douglas Cr Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: March 2, 2004
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER TREET
CARLISLE, PA 17013
Date: March 2, 2004 IRWIN & McKNIGHT
Douglas . Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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RANDY L. CRAMER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
200240821 CIVIL TERM
PAUL E. DICK,
Defendant : JURY TRIAL DEMANDED
NOTICE OF DEATH
The death of Paul E. Dick, a party to the above action, on December 17, 2005, during the
pendency of this action is noted upon the record.
Respectfully Submitted,
IRWIN & McKNIGHT
ukig G. er, +sqwere
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: August 10, 2006
Y
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by fast class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER TREET
CARLISLE, PA 17013
Date: August 10, 2006 IRWIN & McKNIGHT
Al A-/ bdo IkXe,
Dou as G Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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RANDY L. CRAMER,
Plaintiff
V.
PAUL E. DICK
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002-00821
JURY TRIAL DEMANDED
PETITION FOR RULE TO SHOW CAUSE
TO THE HONORABLE JUDGES OF THE SAID COURT, the Petitioner, Randy L.
Cramer respectfully states that:
1. Paul E. Dick, Defendant, died on December 17, 2005.
2. On or about August 14, 2006, Defendant's counsel, Douglas Miller, filed a Notice
of Death.
3. Since Defendant's death, a personal representative has not voluntarily been
appointed to become a party defendant.
4. The delay in appointing a party defendant has prejudiced plaintiff due to the
amount of time this litigation has been pending and the amount of time plaintiff
has had outstanding unreimbursed expenses.
5. Pursuant to the Pennsylvania Rules of Civil Procedure Section 2352, Defendant's
Counsel must show cause why a Personal Representative of decedent should not
be substituted.
WHEREFORE, Petitioner requests that Defendant's counsel must show cause why a
Personal Representative of decedent should not be substituted as a Defendant at this
time.
Date: ?` LI 6
Respectfully Submitted,
ROMINGER & WHARE
Karl E. Rominger, Esquire
Attorney for Petitioner
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court ID No. 81924
RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
ATTORNEY VERIFICATION
KARL E. ROMINGER, ESQUIRE, states that he is the attorney for Randy L. Cramer,
Petitioner, in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his investigation of the matters averred or
denied in the foregoing document; and that this statement is made subject to the penalties of 18
Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: I (/ t (O (r
I
Karl E. Rominger, Esquire
Attorney for Petitioner
RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day
served a copy of the within Petition for Rule to Show Cause by First Class Mail, postage prepaid,
at Carlisle, Pennsylvania, addressed as follows:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Date:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court ID No. 81924
Attorney for Petitioner
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NOV Os mg ,aY
RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this _ day of A3 n v , 2006, upon consideration of the Petition
for Randy L. Cramer, Plaintiff, it is hereby ordered that Defendant's Counsel must show cause
why a Personal Representative of decedent should not be substituted as a Defendant pursuant to
Pennsylvania Rules of Civil Procedure Section 2352 at this time.
F
pro ' pa ies prior o e
u>c4??? 2-a d;,> S iscj ?t<<
Returnable this- cam;,
BY THE COURT:
Distribution:
Karl E. Rominger, Esquire
Douglas G. Miller, Esquire
?S
97, =?1 IVIN' L- A UIN 9 002
RANDY L. CRAMER,
Plaintiff
V.
PAUL E. DICK,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
2002 - 00821 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER TO PLAINTIFF'S PETITION FOR
RULE TO SHOW CAUSE
AND NOW this 27TH day of November, 2006, comes legal counsel for the Defendant,
Paul E. Dick, and respectfully files this Answer to the Plaintiff's Petition for Rule to Show Cause
pursuant to Pa.R.Civ.P. Rule 206.2, and in support thereof avers as follows:
1. The averments of fact contained in paragraph one (1) of the Plaintiff's Petition for
Rule to Show Cause are admitted.
2. The averments of fact contained in paragraph two (2) are admitted. By way of
further answer, prior to the filing of Notice of Death on behalf of the Defendant, the only
documents filed of record in this matter were the Plaintiff's Notice of Appeal from District
Justice Judgment on February 15, 2002, Plaintiff's Proof of Service of Notice of Appeal filed on
February 20, 2002, Plaintiff's Complaint filed on November 14, 2003, and a Praecipe to Enter
Appearance of the undersigned filed on March 2, 2004.
3. The averments of paragraph three (3) are denied as stated. An estate on behalf of
the Defendant has been opened through the Orphans' Court of Cumberland County and a
personal representative duly appointed. Advertisement and notice of the Defendant's estate was
properly performed and completed in February 2006. The personal representative has not been
named a party to the instant litigation.
4. The averments contained in paragraph four (4) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded. By way of further answer, the significant delay in
this matter has been due to Plaintiff's failure to promptly and expeditiously pursue his own
appeal from the District Justice ruling in favor of Defendant. There are no "outstanding
unreimbursed expenses" for which Defendant is responsible to Plaintiff as there was no
judgment in favor of Plaintiff, and Plaintiff has not timely pursued his own appeal. It is in fact
the Estate of Paul E. Dick that will be prejudiced if the Plaintiff is permitted to pursue its claim
which has essentially laid dormant for several years.
5. The averments contained in paragraph five (5) are conclusions of law to which no
response is required. By way of further answer, Plaintiff's delay in the prosecution of his own
action is unjustifiable given the lack of complexity in this breach of contract dispute, the lengthy
delay of Plaintiff in the prosecution of his own action, and the prejudice to the legal defense of
Defendant as he was the only other party to the agreement and he is now deceased.
WHEREFORE, legal counsel for Defendant respectfully requests that this Honorable
Court deny Plaintiff's Petition and Motion for Continuance and dismiss this action against
Defendant.
Respectfully Submitted,
IRWIN & McKNIGHT
c
Dougl G. Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: November 27, 2006
2
VERIFICATION
The foregoing Answer is based upon information which has been gathered by counsel for
the Defendant in the preparation of this document. The statements made in this document are
true and correct to the best of the counsel's knowledge, information and belief. The Defendant's
verification cannot be obtained within the time allowed for filing the pleading. The undersigned
is therefore verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The
undersigned understands that false statements herein made are subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Dougl s G. Miller, Esquire
Date: November 27, 2006
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, PA 17013
Date: November 27, 2006 IRWIN & McKNIGHT
Douglas F-. Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
C7 ra
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RANDY L. CRAMER,
Plaintiff
V.
PAUL E. DICK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002-00821
JURY TRIAL DEMANDED
PETITION TO MAKE RULE ABSOLUTE
TO THE HONORABLE JUDGES OF THE SAID COURT, the Petitioner, Randy L.
Cramer respectfully states that:
1. Paul E. Dick, Defendant, died on December 17, 2005.
2. On or about August 14, 2006, Defendant's counsel, Douglas Miller, filed a Notice
of Death.
3. Since Defendant's death, a personal representative has not voluntarily been
appointed to become a party defendant.
4. The delay in appointing a party defendant has prejudiced plaintiff due to the
amount of time this litigation has been pending and the amount of time plaintiff
has had outstanding unreimbursed expenses.
5. Pursuant to the Pennsylvania Rules of Civil Procedure Section 2352, Defendant's
Counsel must show cause why a Personal Representative of decedent should not
be substituted.
showed trees to Plaintiff to see if he would accept the same in full settlement.
were unable to reach an accord, and as such this matter is ripe for trial.
6. A rule was issued in November of 2006, and an answer filed by Douglas G.
Miller, attorney of Record for Defendant.
7. In the meantime the parties have discussed settlement, and Defendant's son
8. No meeting of the minds could be reached, and Plaintiff and Defendant's son
WHEREFORE, Petitioner requests that Defendant's counsel substitute the Personal
Representative of decedent and the Estate as parties, and provide an accounting.
Respectfully Submitted,
ROMINGER & ASSOCIATES
Date:
p? f, 2 zo67
Karl E. Rominger, Esquire
Attorney for Petitioner
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court ID No. 81924
RANDY L. CRAMER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
VERIFICATION
Now comes Randy L. Cramer, Petitioner, plaintiff in this action; that he verifies that the
allegations made in this statement are made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904,
relating to unsworn falsification to authorities.
Date: ?G I -Y? Z607
n
RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day
served a copy of the within Petition to make RULE ABSOLUTE by First Class Mail, postage
prepaid, at Carlisle, Pennsylvania, addressed as follows:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Date: Oct 1, 20o ?
-2-
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court ID No. 81924
Attorney for Petitioner
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RANDY L. CRAMER,
Plaintiff
V.
PAUL E. DICK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002-00821
JURY TRIAL DEMANDED
AMENDMENT TO PETITION TO MAKE RULE ABSOLUTE
TO THE HONORABLE JUDGES OF THE SAID COURT, the Petitioner, Randy L.
Cramer respectfully adss that:
1. Judge Oler issued the Rule to Show Cause in this matter.
2. Opposing Counsel is by implication opposed, as they filed an answer in
opposition to relief on the Rule to Show Cause.
Respectfully Submitted,
ROMINGER & ASSOCIATES
Date: O t I 2 0 0 7
J Karl E. Rominger, Esquire
Attorney for Petitioner
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court ID No. 81924
I
RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2002-00821
V.
PAUL E. DICK
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day
served a copy of the within Amendment by First Class Mail, postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Date: 0 C{ ' I 2,
K41 E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court ID No. 81924
Attorney for Petitioner
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Ai,
RANDY L. CRAMER,
Plaintiff
V.
PAUL E. DICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-821 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO MAKE
RULE ABSOLUTE
ORDER OF COURT
AND NOW, this 29" day of November, 2007, upon consideration of Plaintiff's
Motion To Make Rule Absolute, the motion is granted and Richard L. Dick, in his
capacity as personal representative with respect to the Estate of Paul E. Dick, shall be
substituted as Defendant in this action.
BY THE COURT,
?rl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
?6uglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Defendant
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331
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( x ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
(x ) Civil Action - Law
( ) Appeal from Arbitration
Randy L. Cramer
vs.
(other)
The trial list will be called on
and 5/27/08
Paul E. Dick-:
VS.
(Plaintiff)
( Defendant )
Trials commence on 6/ 2 3/ 0 8
Pretrials will be held on 6/4 /08
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 000821 Civil Action x3&2002
Indicate the attorney who will try case for the party who files this praecipe:
Karl E_ Romlmgerr
Indicate trial counsel for other parties if known: Douglas G. Miller
This case is ready for trial.
Date:
Signed:
Print Name: Karl E. Rominger
Attorney for: Plaintiff
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RANDY L. CRAMER,
Plaintiff
v
PAUL E. DICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-821 CIVIL TERM
IN RE: CASE STRICKEN FROM LIST
ORDER OF COURT
AND NOW, this 27th day of May, 2008, upon
consideration of the call of the civil trial list, and following
a conference in chambers on this date with counsel, and counsel
for Defendant having moved to strike the case from the trial list
based inter alia upon counsel's vacation schedule, and counsel
for the Plaintiff, Karl E. Rominger, Esquire, having indicated no
objection to the requested continuance on that basis only, the
Defendant's motion to strike the case from the trial list is
granted, and counsel are directed to relist the case for trial at
a subsequent trial term.
By the Court,
Karl E. Rominger, Esquire
155 S. Hanover Street
Carlisle, PA 17013
For Plaintiff
?/Douglas G. Miller, Esquire
W. Pomfret Professional Building
60 W. Pomfret Street
Carlisle, PA 17013
For Defendant
Court Administrator
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RANDY L. CRAMER,
Plaintiff
v
PAUL E. DICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-821 CIVIL TERM
IN RE: CASE STRICKEN FROM LIST
ORDER OF COURT
AND NOW, this 27th day of May, 2008, upon
consideration of the call of the civil trial list, and neither
counsel having called this case for trial, it is stricken from
the trial list.
By the Court,
..,/Karl E. Rominger, Esquire
155 S. Hanover Street
Carlisle, PA 17013
For Plaintiff
,,-?Douglas G. Miller, Esquire
W. Pomfret Professional Building
60 W. Pomfret Street
Carlisle, PA 17013
For Defendant
Court Administrator
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2 /08
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RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
PAUL E. DICK,
Defendant 02-821 CIVIL TERM
IN RE: ORDER VACATED
ORDER OF COURT
AND NOW, this 27th day of May, 2008, upon
consideration of the call of the civil trial list in the case of
Cramer versus Dick at No. 02-821 Civil Term, and counsel for
Plaintiff, Karl E. Rominger, Esquire, having requested that the
earlier Order of Court entered on this date striking the case
from the trial list be vacated, the order is vacated, and the
Court will meet in chambers with counsel before entering a
further order.
By the Court,
Karl E. Rominger, Esquire
155 S. Hanover Street
Carlisle, PA 17013
For Plaintiff
"/'Douglas G. Miller, Esquire
W. Pomfret Professional Building
60 W. Pomfret Street
Carlisle, PA 17013
For Defendant
Court Administrator
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S?a.4?o8
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
(xx ) for trial without a jury-
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
(xx ) Civil Action - Law
( ) Appeal from Arbitration
Randy L. Cramer
(Plaintiff)
VS.
Paul F. Dick
(Defendant)
VS.
(other
The trial list will be called on 1 0 / 21 / 0 8
and
Trials commence on
Pretrials will be held on jnjgg /0 R
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 821 Civil Action 02002
Indicate the attorney who will try case for the party who files this praecipe:
Karl F. Rominger
Indicate trial counsel for other parties if known: Do crlas G. Miller
This case is ready for trial. Signed:
Date: ?O O
Print Name: Karl F Rominger
Attorney for: plaintiff
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RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL E. DICK,
Defendant NO. 02-0821 CIVIL TERM
ORDER OF COURT
AND NOW, this I" day of August, 2008, a pretrial conference in the above matter
is scheduled for Thursday, October 30, 2008, at 11:15 a.m., in chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least
five days prior to the pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Wednesday, December
10, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
- I V,-, P?
J. esley Ole4 Jr.,
? Karl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
v/ Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Defendant
Court Administrator
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A.MENDFD PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( xx) for JURY trial at the next term of civil court.
for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full) (check one)
(xx) Civil Action - Law
Randy L. Cramer ( ) Appeal from Arbitration
(other)
VS.
Paul F. Dick
The trial list will be called on1 0 121 / 0 8
and
Trials commence on 1 1/ 17 / OR
VS.
(Plaintiff)
(Defendant)
Pretrials will be held on 1n/gA/ns
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 821 Civil Action jj 2002
Indicate the attorney who will try case for the party who files this praecipe:
Karl F. Rominger
Indicate trial counsel for other parties if known: Douglas (:_ Miller
This case is ready for trial.
Date: oz?Lr
Signed: -
Print Name: Karl F. Rominqer
Attorney for: Plaintiff
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RANDY L. CRAMER,
Plaintiff
V.
PAUL E. DICK,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
2002 - 00821 CIVIL TERM
JURY TRIAL DEMANDED
DEFENDANT'S MOTION TO STRIKE
CASE FROM TRIAL LIST
AND NOW this 21s' day of October, 2008, comes legal counsel for the Defendant,
Richard L. Dick, personal representative of the Estate of Paul E. Dick, and respectfully files this
Motion to Strike the instant case from the November 2008 civil trial list, and in support thereof
avers as follows:
1. The Plaintiff, Randy L. Cramer, commenced this action by filing a Complaint
with Magisterial District Judge Paula P. Correal.
2. On or about February 15, 2002, Plaintiff filed a Notice of Appeal from the
judgment entered in favor of the Defendant, Paul E. Dick.
3. On or about November 14, 2003, Plaintiff filed a Complaint against Defendant
primarily asserting breach of a timber contract and seeking estimated lost profits of $30,000.00,
liquidated damages of $4,000.00, and attorney fees, costs, and interest.
4. The Defendant died on or about December 17, 2005, and a Notice of Death was
filed on or about August 14, 2006.
5. By Order of Court dated November 29, 2007, Richard L. Dick as the personal
representative of the Estate of Paul E. Dick was substituted as Defendant.
6. Plaintiff subsequently listed this matter for civil jury trial.
7. Cumberland County Rule 1301-1 provides in pertinent part that all civil cases in
which the total amount in controversy is Fifty Thousand Dollars ($50,000) or less; exclusive of
interest and costs, shall be submitted for compulsory arbitration before a Board of Arbitrators.
8. Based upon the face of Plaintiffs Complaint, including his prayers for relief, the
amount in controversy in this matter is below the applicable compulsory arbitration limit.
9. Since Plaintiffs appeal from the Magisterial District Judge decision, this matter
has not previously been heard by a Board of Arbitrators in accordance with Local Rule 1301-1.
10. Defendant therefore respectfully represents that this matter is not ready for civil
jury trial, but instead should be transferred to compulsory arbitration before an appointed Board
of Arbitrators in accordance with Local Rule 1301-1.
11. Defendant's legal counsel attempted to contact Plaintiffs counsel, but was not
able to reach him and it is therefore assumed that since Plaintiffs counsel listed this matter for
civil jury trial that he does not concur with the instant Motion to Strike.
12. Pursuant to Local Rule 208.3(a)(2), the Honorable J. Wesley Oler, Jr., has
previously ruled on procedural motions in this case.
WHEREFORE, legal counsel for Defendant respectfully requests that the instant case be
stricken from the November 2008 civil trial list.
Respectfully Submitted,
IRWIN & McKNIGHT
Douglas . Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: October 21, 2008
2
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by both hand delivery and first
class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth
below:
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, PA 17013
Date: October 21, 2008 IRWIN & McKNIGHT
V
Douglas . Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL E. DICK,
Defendant NO. 02-0821 CIVIL TERM
ORDER OF COURT
AND NOW, this 27`h day of October, 2008, upon consideration of Defendant's
Motion To Strike, and of the attached letter from Karl E. Rominger, Esq., counsel for
Plaintiff, the motion is granted, the above-captioned case is stricken from the present trial
list, the pretrial conference scheduled for October 30, 2008, is cancelled, the nonjury trial
scheduled for December 10, 2008, is cancelled, and counsel are requested to file a
petition for appointment of arbitrators in the usual form.
BY THE COURT,
Karl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Defendant
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1p,2? l08
J Wesley O Jr., J.
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RANDY L. CRAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
PAUL E. DICK,
Defendant 02-0821 CIVIL TERM
IN RE: CALL OF CIVIL TRIAL LIST
ORDER OF COURT
AND NOW, this 21st day of October, 2008, upon
consideration of the call of the civil trial list, and a
representative on behalf of Karl E. Rominger, Esquire, for the
Defendant, having called the case for trial, and counsel for the
Defendant in the person of Douglas G. Miller, Esquire, having
indicated that a motion has been filed to submit the case to
arbitration, the case will not be stricken from the Yria! list at
this time, and the issue of its continuance on the t.r__al its is
deferred to the pretrial conference judge.
? Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
For Plaintiff
,/ D/?ouglas G. Miller, Esquire
60 West Pomfret Street
Carlisle, PA 17013
For Defendant
Court Administrator
Ca 7L?c?cL r?J
nmae LL 11;-& env t By the Court,
?u 6Id L. 100 SOQZ