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Home My WebLink About13-7246 -Supreme Court.of Pennsylvania Cou ->G Com "& `on Pleas �{ 1V11'COVei'y Meet For Prothonotary Use Only: .� T rl � f. Cumberland� County Docket No: sj,l,ti The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or• other papers as required by law or rules ofcourt. Commencement of Action: S 0 Complaint ❑ Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking 'E C Lead Plaintiff's Name: Lead Defendant's Name: T William C. Clee Nicole R. McCartney I ❑ Check here if you are a Self - Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Leslie M. Fields, Esquire �N Are money damages requested? : DYes 11 No Dollar Amount Requested: within arbitration limits (Check one) x outside arbitration limits A Is this a Class Action Suit? ❑ Yes ❑ No r Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your i PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS j ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑x Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) El Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination ❑ C ❑ Other: Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment i O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus I ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations { ❑ Mortgage Foreclosure Restraining Order j PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto i ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: f Pa.R.C.P. 205.5 212010 WILLIAM C. CLEE : IN THE COURT OF COMMQN PLEAS esw Plaintiffs : CUMBERLAN - D COUNTY, PE SY IA -' NICOLE R. McCARTNEY, CIVIL ACTION —LAW C -- ; - •c am .. .� Defendants NOTICE TO DEFEND �x �•,`, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17103 Phone: (717) 249 -3166 or (800) 990 -9108 - S b35 �4 .7 n a Llw3 r v WILLIAM C. CLEE : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v . No. NICOLE R. McCARTNEY, : CIVIL ACTION — LAW Defendant COMPLAINT AND NOW comes the Plaintiff, William C. Clee, by and through his attorneys, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows in support of this Complaint: 1. Plaintiff, William C. Clee, is an adult individual residing at 19 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania 17011 2. Defendant, Nicole R. McCartney, is an adult individual residing at 301 B North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The events giving rise to this cause of action occurred at approximately 11 a..m. on or about May 9, 2013 on East High Street at the intersection with York Road in the borough of Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, William C. Clee, was operating a 2008 Nissan automobile and was stopped at the red light in a westbound direction on East High Street at the intersection with York Road. 5. At the aforesaid time and place, Defendant, Nicole R. McCartney, who was operating a 2002 Jeep motor vehicle, had pulled out in front of a vehicle operated by one Jenny Russell, running her off the road, and then got behind the Plaintiffs' vehicle at the red light and stopped. 6. At the aforesaid time and place, Defendant, Nicole R. McCartney, after the light -1- turned green, honked her horn at the Plaintiff, William C. Clee, proceeded into the left hand turn lane in an attempt to pass his vehicle and, as the Plaintiffs' vehicle started to go, she swerved back to the right and struck his vehicle, thereby causing the injuries and damages giving rise to this cause of action. 7. At the aforesaid time and place, the collision, injuries and damages resulting therefrom to the Plaintiff, William C. Clee, were caused by the negligence, recklessness and/or carelessness of Defendant, Nicole R. McCartney, in that she: a) operated her vehicle in careless disregard for the safety of persons and property, including Plaintiff and his vehicle; b) violated Section 3714(a) of the Pennsylvania Motor Vehicle Code on "Careless driving," 75 Pa.C.S. § 3714(a), and thus is negligent per se; c) failed to operate her vehicle as nearly as practicable within a single lane and moved from the lane without first ascertaining that the movement could be made safely; d) violated Section 3309(1) of the Pennsylvania Motor Vehicle Code on "Driving on roadways laned for traffic; Driving within single lane," 75 Pa.C.S. § 3309(1), and thus is negligent per se; e) drove her vehicle recklessly and impatiently; f) failed to bring her vehicle to a stop before hitting the Plaintiffs' vehicle; g) rear -ended the Plaintiffs' vehicle; h) failed to maintain her vehicle under proper and lawful control; i) failed to keep a proper lookout; 2 u j) failed to pay sufficient attention to the roadway and vehicles; k) failed to see what she should have seen; 1) failed to notice the imminence of an accident and take the necessary steps to avoid it; and m) acted without due regard for the safety and rights of other motorists and passengers, including the Plaintiff. S.. As a direct and proximate result of the negligence, recklessness and/or carelessness of the Defendant, Nicole R. McCartney, the Plaintiff, William C. Clee, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) severe lower back strain and sprain; b) lumbago; and c) muscle spasms in the lower back. 9. As a further direct and proximate result of the negligence, recklessness and/or carelessness of the Defendant, Nicole R. McCartney, the Plaintiff, William C. Clee, has been and will continue to be obligated to receive and undergo medical attention, care and expenses for the injuries he has suffered; Plaintiff has suffered and will continue to suffer medically determinable physical impairments which prevent him from performing all the normal acts and duties which constitute his usual and customary daily activities; Plaintiff has suffered and will continue to suffer a loss of earnings and/or impairment of his earnings capacity and power; Plaintiff has experienced and will continue to experience severe pain and suffering, mental anguish and humiliation; Plaintiff has suffered and will continue to suffer a loss of life's pleasures; and 3 Plaintiff has sustained and will continue to sustain certain incidental costs and expenses. WHEREFORE, Plaintiff, William C. Clee, based on the foregoing allegations, hereby demands that judgment be entered in his and against Defendant, Nicole R. McCartney, in an amount not in excess of the compulsory arbitration limits. RESPECTFULLY SUBMITTED: C T Leslie M. 'elds, Esquire PA I.D. No. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P. O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: LfieldsgCostopoulos.com. Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFFS DATED: 4 VERIFICATION I, Plaintiff, William C. Clee, do hereby verify that the averments of fact made in the foregoing document are true and correct to the best of my personal knowledge and/or information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. William C. Clee DATED: 12-12- 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy �,! 3 DF(; 17 All S Richard W Stewart CUMBERLAND COUN Solicitor William C Clee vs. Case Number Nicole Renee McCartney 2013-7246 SHERIFF'S RETURN OF SERVICE 12/10/2013 07:14 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nicole Renee McCartney at 301 B North Bedford Street, Carlisle Borough, Carlisle, PA 17013. NOAH CLINE, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, December 11, 2013 RON R ANDERSON, SHERIFF C•:',SC" NOTICE TO PLEAD CERTIFICATE OF SERVICE • •TO: Plaintiff I hereby certify that I have served a copy of You are hereby notified to file a written response to the attached pleading upon all other parties the enclosed Answer with New Matter within or their attorneys by: twenty(2o)days from service hereof or a judgment regular mail may be entered against you. certified mail other furl" diVems." . 0094•40" igalis" By Joseph R.Meiss,Esq. By Attorney for Defendant Joseph R.Meiss,Esq. Attorney for Defendant Law Offices of Hubshman&Flood By:Joseph R.Meiss,Esquire Attorney ID#86196 2 =t c 2200 Stafford Avenue,Suite 500 Attorney for Defendant -03 .�- Scranton,PA 18505-3690 Nicole McCartney rn m m ! Telephone#(570)309-3969 w Our File#134422171-001 William Clee : Court of Commmon Pleas 3 p-r' . Cumberland County ,�,, V. �- ,. • N ° Nicole McCartney : 13-7246 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3-4. Denied. The averments contained in Plaintiffs Complaint are denied and deemed at issue pursuant to Pa. R.C.P 1029(e). 5. Admitted in part, denied in part. Defendant admits that she was operating a 2002 Jeep. The remaining averments are denied and deemed at issue pursuant to Pa. R.C.P 1029(e). 6. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 7. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. Denied. The averments contained in Plaintiffs Complaint are denied and deemed at issue pursuant to Pa. R.C.P 1029(e). 8-9. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. NEW MATTER 10. Plaintiffs Complaint fails to state a claim upon which relief may be granted. ii. Plaintiff failed to mitigate his damages. 12. If Plaintiffs sustained the injuries and damages as alleged in the Complaint, then same were caused by other entities or parties over which answering Defendant had no control. 13. Plaintiffs claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 14. Plaintiffs voluntarily adopted a dangerous and hazardous method or manner of performing the actions that he was then undertaking when there was a safe method available and he thereby assumed the risk of injury in performing his actions. 15. Plaintiffs claims are barred, or must be reduced, as a result of Plaintiffs own negligence, which was the proximate cause of the incident described in Plaintiffs Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 16. Plaintiffs claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 17. Plaintiffs claims are barred and/or limited by the Pennsylvania Motor Vehicle No-Fault Insurance Act. 18. This Court lacks jurisdiction over the subject matter of the within action. 19. If Plaintiff sustained the injuries and damages as alleged in the Complaint, then same were not proximately caused by any action or failure to act on behalf of answering Defendant. 20. Answering Defendant avers that Plaintiffs cause of action is barred or limited by the Sudden Emergency Doctrine. 21. Plaintiffs claims are barred and/or limited by the New Jersey Deemer Statute, N.J.S.A. 17:28-1.4. WHEREFORE, answering Defendant demands judgment in her favor. HUBSHMAN&FLOOD BY Joseph R. Meiss, Esquire Attorney for Defendant DATE: January 29, 2014 VERIFICATION I, Joseph R. Meiss, Esquire, aver that I am the attorney for the answering Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fro. jr%040 Joseph R. Meiss, Esquire Law Offices of Hubshman&Flood Pit D r " By:Joseph R.Meiss,Esquire �!� � ' Attorney ID#86196 S Ptf 2200 Stafford Avenue,Suite 500 Attorney for DefendanC U1QEh Scranton,PA 18505-3690 Nicole McCartney R N Telephone#(570)309-3969 y r YL VA ADUt�r}' joseph_r_meiss @progressive.com '�� Our File#134422171-001 William Clee : Court of Commmon Pleas : Cumberland County V. Nicole McCartney 13-7246 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant hereby demands trial by eight(8)jurors. Law Offices of Hubshman&Flood By: GDJ ftt�' z tt jphk Meiss, Esquire orney for Defendant WILLIAM C. CLEE : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 13-7246 NICOLE R. McCARTNEY, : CIVIL ACTION—LAW Defendant PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, William C. Clee, and replies as follows: 10. Through 15. Denied. 16. Denied. C_. 17. Denied. 18. Denied. i ►'�' crr c. 19. Denied. 5:c: r .) CD 20. Denied. - -ti c� 21. Denied. Furthermore, this is a Pennsylvania case. RESPECTFULLY SUBMITTED: Leslie Fields, Esquire PA I.D To. 29411 COSTOPOULOS, FOSTER&FIELDS 831 Market Street Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: LfieldskCostopoulos.com Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFFS Dated: February 4, 2014 i VERIFICATION I, Leslie M. Fields, Esquire, aver that I am the attorney for the answering Plaintiff in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Leslie M. ields, Esquire CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, of Costopoulos, Foster& Fields,'do hereby certify on this 4" day of February, 2014, a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant was served upon all counsel of record by: Hand Delivery X First Class Mail,Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail Electronic Mail at the following address(es) and/or number(s): Joseph R. Meiss, Esquire Law Offices of Hubshman& Flood 2200 Stafford Avenue Suite 500 Scranton, PA 18505-3690 Direct: 570-309-3969 Facsimile: 866-842-1482 Email: joseph_r_meiss @progressive.com BY: COSTOPOULOS, FOSTER& FIELDS a Leslie M.)ields Law Offices of Hubshman&Flood j,1 ' T;i By:Joseph R.Meiss,Esquire 2 j4 Attorney ID#86196 j Q 2200 Stafford Avenue,Suite 500 Attorney for Defe Q' `� Scranton,PA 18505-3690 Nicole McCartney L)C L A t'NQ CQ's i Telephone#(57o)309-3969 Y(.VA NIA joseph_r_meiss @progressive.com Our File#134422171-001 WILLIAM CLEE •▪ COURT OF COMMMON PLEAS •• CUMBERLAND COUNTY V. NICOLE MCCARTNEY •• 13-7246 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Nicole McCartney, in the above-captioned matter. Law Offices of Hubshman&Flood By:" ,/ seph ' . Meiss, Esquire Attorney for Defendant NOTICE TO PLEAD CERTIFICATE OF SERVICE TO: Plaintiff I hereby certify that I have served a copy of You are hereby notified to file a written response to the attached pleading upon all other parties the enclosed Answer with New Matter within or their attorneys by: twenty(2o)days from service hereof or a judgment regular mail may be entered against you. certified mail other By ✓�' By Jo eph R.Meiss,Esq. Jos h R.Meiss,Esq. Attorney for Defendant Attorney for Defendant (1-2 Law Offices of Hubshman&Flood -: By:Joseph R.Meiss,Esquire rn rYt r-r; ;' - Attorney ID#86196 =t- 2200 Stafford Avenue,Suite 500 Attorney for Defendant Scranton,PA 18505-3690 Nicole McCartney I"n -+..: Telephone#(57o)309-3969 , c� Our File#134422171-001 William Clee : Court of Commmon Pleas : Cumberland County v. Nicole McCartney : 13-7246 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3-4. Denied. The averments contained in Plaintiffs Complaint are denied and deemed at issue pursuant to Pa. R.C.P 1029(e). 5. Admitted in part, denied in part. Defendant admits that she was operating a 2002 Jeep. The remaining averments are denied and deemed at issue pursuant to Pa. R.C.P 1029(e). 6. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 7. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. Denied. The averments contained in Plaintiffs Complaint are denied and deemed at issue pursuant to Pa. R.C.P 1029(e). 8-9. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. NEW MATTER 1o. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 11. Plaintiff failed to mitigate his damages. 12. If Plaintiffs sustained the injuries and damages as alleged in the Complaint, then same were caused by other entities or parties over which answering Defendant had no control. 13. Plaintiffs claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 14. Plaintiffs voluntarily adopted a dangerous and hazardous method or manner of performing the actions that he was then undertaking when there was a safe method available and he thereby assumed the risk of injury in performing his actions. 15. Plaintiffs claims are barred, or must be reduced, as a result of Plaintiffs own negligence, which was the proximate cause of the incident described in Plaintiffs Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 16. Plaintiffs claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 17. Plaintiffs claims are barred and/or limited by the Pennsylvania Motor Vehicle No-Fault Insurance Act. 18. This Court lacks jurisdiction over the subject matter of the within action. 19. If Plaintiff sustained the injuries and damages as alleged in the Complaint, then same were not proximately caused by any action or failure to act on behalf of answering Defendant. 20. Answering Defendant avers that Plaintiffs cause of action is barred or limited by the Sudden Emergency Doctrine. 21. Plaintiffs claims are barred and/or limited by the New Jersey Deemer Statute, N.J.S.A. 17:28-1.4. WHEREFORE, answering Defendant demands judgment in her favor. HUBSHMAN&FLOOD BY: Jo ph R. Meiss, Esquire Attorney for Defendant DATE: January 29, 2014 VERIFICATION I, Joseph R. Meiss, Esquire, aver that I am the attorney for the answering Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1ph,,,. 1// - — Jo R. Meiss, Esquire Law Offices of Hubshman & Flood By: Joseph R. Meiss, Esquire Attorney ID #86196 2200 Stafford Avenue, Suite 500 Scranton, PA 18505-3690 Telephone #(570) 309-3969 Our File #134422171-001 William Clee v. c•-) -0 rn co =r1 Attorney for Defendant, Nicole McCartney -< <C,3 > C") cz) -7; : Court of Commmon Pleas : Cumberland County Nicole McCartney : 13-7246 7z. = —71 • CD —n C) t=o > OD -"J --.< PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification of the Defendant, Nicole McCartney, for that of counsel, with respect to Defendant's Answer with New Matter to Plaintiffs Complaint. Law Offices of Hubshman & Flood By: ph Meiss, Esquire orney for Defendant VERIFICATION I, Nicole McCartney, aver that I am the defendant in this case and aver that the answers contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief and that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. k.Q Cn Nicole McCartney Q__1(f7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William C. Clee Plaintiff VS Nicole R. McCartney Defendant RULE 1312-1 following form: : NO. 13-7246 CIVIL TERM a sq fit, sEc Al 4m :311 The Petition for Appointment of Arbitrators shall be substantially in the THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Leslie M. Fields, Esquire , counsel for the plaintiff/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 $ Less than $50,000.00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Joseph R. Meiss, Esquire and Leslie M. Fields, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. ,q'as.so ? (41_l X41793 R 3/�o( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William C. Clee Plaintiff VS Nicole R. McCartney Defendant RULE 1312-1 following form: : No. 13-7246 CIVIL TERM o� 4l,�..& a4 -bee M 4m //'3y The Petition?r Appointment of Arbitrators shall be substantially in the THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Leslie M: Fields, Esquire , counsel for the plaintiff/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 $ Less than $50,000.00 The counterclaim of the defendant in the action is N/A • The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Joseph R. Meiss, Esquire and Leslie M. Fields, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, petition, Respectfully submitted, ORDER OF COURT Esq., and (4 captioned action (or actions) as prayed for. Y..ea2e 9,11- cY,;,,Z6, fes- 9061,1 iso , 440 ///- , 201-5 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the bove Lam✓ ( r_ Ati. KEVIN ESS, P.J. A a.g raki,/3p 0K-4l7�� Rai •Sao( By the Court y