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HomeMy WebLinkAbout13-7340 Supreme Co, ennsylvania Con f -Coin o leas For Prothonotary Use Only: C 1] 0t' Docket No: Cu rlan W County / � The information collected on this is used solely,for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: El Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C Earlene Ford Gary Sunderland T Dollar Amount Requested: []within arbitration limits I ` Are money damages requested? ET Yes No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? 0 Yes No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff /Appellant's Attorney: David L. Lutz, Esquire El Check here if you have no attorney (are a Self-Represented [:Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your 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 ® Intentional ® Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Q Debt Collection: Other Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include mass tort) � Employment Dispute: E rl Slander/Libel /Defamation Discrimination C rl Other: 17 Employment Dispute: Other ❑ Zoning Board � Other: T I E] Other: O MASS TORT rl Asbestos N 0 Tobacco rl Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS rl Toxic Waste 0 Ejectment [I Common Law /Statutory Arbitration Other: Q Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus Landlord /Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental Partition ❑ Replevin Legal ❑ Quiet Title 0 Other: Q Medical Other: rl Other Professional: Updated 1/1/2011 LE.D�OI° ElCE OF TFIE PRC T HONO TAh{ 2ul 13 DEC 13 PM 1: 12 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 171 10 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: dlutz @ angino- rovner.com EARLENE FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COOUNTTY, P� V. NO. I S- (t P Ckut GARY SUNDERLAND, CIVIL ACTION — LAW 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 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 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. OR IGINA L 538275 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 S. Bedford Street, Carlisle, PA 17013 TELEPHONE 1- 800 - 990 -9108 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion 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 para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 TELEPHONE 1- 800 - 990 -9108 538275 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: dlutz@angino- rovner.com EARLENE FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. GARY SUNDERLAND, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Earlene Ford is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Gary Sunderland is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 80 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The facts and occurrences hereinafter related took place on or about June 12, 2012, on Brandy Lane, Hampden Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Earlene Ford was operating a 1997 Toyota Camry travelling east on Brandy Lane. 5. At the same time and place, Defendant Gary Sunderland was operating a 2001 Dodge Dakota travelling west on Brandy Lane. 6. Defendant Gary Sunderland permitted his vehicle to cross the double yellow line and caused his vehicle to strike Mrs. Ford's vehicle while her vehicle was on Brandy Lane. 538275 7. The foregoing collision and all of the injuries and damages set forth hereinafter sustained by Plaintiff Earlene Ford are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Gary Sunderland operated his motor vehicle as follows: a. failure to control his vehicle and drive on the right side of the road; b. failure to stay in his lane of travel; C. driving at a speed that did not permit him to control his vehicle; and d. 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. 8. Plaintiff Earlene Ford sustained painful and severe injuries, which include but are not limited to chest and lumbosacral muscle spasms, lumbosacral sprain strain, an aggravation of pre- existing degenerative joint disease, severe pain between the right ribs, severe pain in the right hip and right leg. 9. By reason of the aforesaid injuries sustained Earlene Ford, she was forced to incur liability for medical treatment and claim is made therefor. 10. Because of the nature of her injuries, Earlene Ford has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 11. Earlene Ford has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 2 WHEREFORE, Plaintiff Earlene Ford demands judgment against Defendant Gary Sunderland in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. av' utz PA I.D. o. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 — phone (717) 238 -5610 — fax dlutz@angino-rovner.com Date: Attorney for Plaintiff 3 VERIFICATION I, Earlene Ford, Plaintiff, hereby verify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. WITNESS: c�,� Earlene Ford Date: r /--/ 520174 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ovo Jody S Smith Chief Deputy L., 2: Richard W Stewart !P.1 L;E G j Solicitor r; - E E.. i+{btu ,v r.�r, � �.�t�=� Earlene Yvonne Ford vs. Case Number Gary Thomas Sunderland 2013-7340 SHERIFF'S RETURN OF SERVICE 12/26/2013 02:24 PM - Deputy Amanda Ebersole, 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: Gary Thomas Sunderland at 80 Glendale Drive, Silver Spring, Mechanicsburg, PA 17050. An1 CLi11 ou • s AMANDA EBERSOLE, DEPUTY 1111" SHERIFF COST: $39.76 SO ANSWERS, December 27, 2013 RONNY R ANDERSON, SHERIFF V A r ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:dlutz @angino-rovner.com EARLENE FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 13-7340 Civil GARY SUNDERLAND, CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 1 To: Defendant Gary Sunderland,by and through counsel, Laurie B. Tilghman,Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s)requested herein: 1. Do you admit that on June 12, 2012, you were operating a 2001 Dodge Dakota, traveling west on Brady Lane? Admit Deny 544754 • 2. Do you admit that at the same time you were operating a 2001 Dodge Dakota traveling west on Brady Lane, a 1997 Toyota Camry was traveling east on Brady Lane? Admit Deny 3. Do you admit that your vehicle crossed the double yellow line and struck the 1997 Toyota Camry in the eastbound lane of Brady Lane? Admit Deny ANGINO & ROVNER, P.C. 404 avid . Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz @angino-rovner.com Attorney for Plaintiff Date: ' /�G ° 544754 • CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Laurie B. Tilghman,Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown,PA 18195 Attorney for Defendant v A; 1 ary T,Geraets Dated: 1 544754 0248015166.1-B06 LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. ATTORNEY FOR DEFENDANT Identification No. 89936 Gary Sunderland 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 , EARLENE FORD, COURT OF COMMON PLEAS T ri Plaintiff OF CUMBERLAND COUNTY u,T— r>.3 - '' c. c- NO. 13-7340 • --0 vs. >� GARY SUNDERLAND, •- --t C. Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my Appearance on behalf of Gary Sunderland in reference to the above- captioned case. ° .L1J 2 \ LAURIE B. TILGHMAN, ESQ. Attorney for Defendant Gary Sunderland I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class Mail. Our File No. 0248015166.1-B06 LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE ATTORNEY FOR DEFENDANT Identification No. 89936 Gary Sunderland 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 EARLENE FORD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF rmn 'NO. 13-7340 rn ? vs. _._ c� GARY SUNDERLAND, =n "f DEFENDANT -c ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Gary Sunderland, in reference to the above- captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Gary Sunderland I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular US Mail. r 0248015166.1-B06 LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN,ESQ. ATTORNEY FOR DEFENDANT Identification No. 89936 Gary Sunderland 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 EARLENE FORD, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO. 13-7340 GARY SUNDERLAND, Defendant C _ NOTICE TO PLEAD TO: Earlene Ford, Plaintiff C/O David Lutz, Esq. 4503 N Front St -_ " Harrisburg, PA 17110 >>c rU YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), GARY SUNDERLAND, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LA RIM B. TILGHMAN, ESQ. Attorney for Defendant(s) Gary Sunderland DATED: ` �l' 0248015166.1-B06 LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. ATTORNEY FOR DEFENDANT Identification No. 89936 Gary Sunderland 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 EARLENE FORD, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. NO. 13-7340 GARY SUNDERLAND, Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Gary Sunderland, by and through the undersigned counsel, answer(s) the Plaintiff's Complaint as follows: 1. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. DENIED pursuant to Pa.R.C.P. 1029(e). 7. (a-d, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless, wanton and/or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 8. DENIED pursuant to Pa.R.C.P. 1029(e). 9. DENIED pursuant to Pa.R.C.P. 1029(e). 10. DENIED pursuant to Pa.R.C.P. 1029(e). 11. DENIED pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Gary Sunderland demands Judgment in His favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 12. Financial Responsibility All causes of action and/or claims as set forth in all Civil Action(s)/Complaints(s) are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 13. Limited Tort-ACT 6 All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, including but not limited to the "limited tort" provisions of Section 1705, and in accordance with the "tort option" chosen and/or elected in the policy of insurance purportedly providing coverage for the accident in question. 14. Limited Tort-Uninsured Owner All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, as Plaintiff(s) owned a currently registered private passenger motor vehicle for which he did not have financial responsibility at the time of the accident. Therefore, Plaintiff(s) is deemed to have elected the limited tort option and is thus precluded from recovering against the Defendant(s). 15. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 16. Set Off and/or Credit Answering Defendants have a right to a credit, or set off in the amount of any uninsured motorist benefits secured by Plaintiff, against any jury verdict or award which may be entered against answering Defendants. 17. Doctrine of Mitigation of Damages Plaintiffs injuries or damages are barred and/or limited by the Doctrine of Mitigation of Damages. 18. Admissibility of Medical Expenses/Wages The admissibility of the Plaintiffs medical expenses and/or wage loss is bared and/or accordingly limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended, and more specifically the collateral source rule of 75 Pa.C.S.A. Section 1722. WHEREFORE, Defendant, Gary Sunderland demands Judgment in His favor and against all parties. 0� LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Gary Sunderland VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Gary Sunderland, and the facts set forth in the foregoing pleading are true and correct to the best of His knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904,relating to unsworn falsification to authorities. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Gary Sunderland CERTIFICATE OF SERVICE I do hereby certify that on January 23, 2014 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. 0 LI,, LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Gary Sunderland Our File No. 0248015166.1-B06 LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE ATTORNEY FOR DEFENDANT Identification No. 89936 Gary Sunderland 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 EARLENE FORD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-7340 = - .C-, t VS. GARY SUNDERLAND, DEFENDANT ' DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Gary Sunderland, Demand(s) a Jury Trial of twelve (12) in reference to the above-captioned case. MU LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Gary Sunderland I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class mail. Our File No. 0248015166.1-B06 LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE ATTORNEY FOR DEFENDANT Identification No. 89936 Gary Sunderland 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 EARLENE FORD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-7340 ar vs. M-Tj GARY SUNDERLAND, DEFENDANT - CERTIFICATE OF SERVICE TO THE CLERK: I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of Defendant's Interrogatories Addressed to Plaintiff, Earlene Ford; Defendant's Request for Admissions Directed to Plaintiff, Earlene Ford, with Accompanying Interrogatories; and, Defendant's Request for Production of Documents Directed to Plaintiff, Earlene Ford, were served this date by United States Mail, First Class,postage prepaid, upon: David Lutz,Esq. 4503 N Front St Harrisburg, PA 17110 AURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Gary Sunderland Dated: January 23, 2014 0248015166.1-B06 LAW OFFICES OF KENNETH S. ONEILL LAURIE B. TILGHMAN, ESQ. ATTORNEY FOR DEFENDANT(S) Identification No. 89936 Gary Sunderland 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 EARLENE FORD, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO. 13-7340 GARY SUNDERLAND, Defendant STIPULATION TO DISMISS IT IS HEREBY STIPULATED and AGREED, by and among the undersigned counsel for the parties named above, that the punitive language, specifically the words "wanton" and "reckless" as found within paragraph 7 of Plaintiff's Complaint be dismissed and stricken from the record without prejudice. LAURIE B. TILGHMAN, ESQ. AVID L TZ, ESQ. Attorney for Defendant(s) Attorney for Plaintiff(s) Gary Sunderland Earlene Ford o rrncz' U)— .C= ��("' L.; 20p I/qtr; Ll sr n, 1ActtiC Q c� C Ala ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 1 71 10-1 708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:dlutz@angino-rovner.com EARLENE FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 13-7340 Civil GARY SUNDERLAND, CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE DEFENDANT'S NEW MATTER 12. through 18. The Defendant's New Matter, paragraphs 12 through 18, fails to set forth factual allegations that require the Plaintiff to admit and/or deny said allegations. The factual allegations contained in the Plaintiff's Complaint are incorporated herein by reference. ORIGINAL 545819 WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed. ANGINO & ROVNER, P.C. Davi• . Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz@angino-rovner.com 1 ���� Attorney for Plaintiff Date: 545819 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPLY TO THE DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Attorney for Defendant P , T. eraets Dated: —� '\ 545819 21 'i FEB 27 Hi 1: 3 1'UI.13Ef LANG COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:dlutz gangino-rovner.com EARLENE FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 13-7340 Civil GARY SUNDERLAND, CIVIL ACTION —L AW Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $50,000. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Laurie Tilghman, Esquire David L. Lutz, Esquire oPd. ( ,1rv�k a th.\ cu G n 546897 i2A+ no As WHEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ANG •& ROVNER, P.C. id . L tz, Esquire I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: }- I/ r/ 546897 CERTIFICATE OF SERVICE I, Joan L. Helmuth, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S PETITION FOR APPOINTMENT OF ARBITRATORS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown,PA 18195 Attorney for Defendant Jo` L. Helmuth Dated: a=l /K/i 546897 EARLENE FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 13-7340 Civil GARY SUNDERLAND, CIVIL ACTION —LAW Defendant JURY TRIAL DEMANDED ORDER OF COURT orAA AND NOW, this 7 'day of f Qy2 , 2014, in consideration of the foregoing petition, i�lk/ </�a� , Esq., 6;# Esq. and 14 , j , Esq. are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT. 4 At. ---- --- ---------------------------------------- P.J. c/ /in ;ho Reimer- pc. `'' ✓ A.Q uri+C g. /nun , e-y "c r . eof%es Ica.el ..744./ 546897 1 L-a)2 L Pw 7L-0/2 6 In the Court of Common Pleas of Cumberland Plaintiff C9a / 3X 3l 7!N 5.- leek 44� /County, Pennsylvania No. l- Defendant Civil Action-Law. Oath We do solemnly swear(or affirm)that we will support, o1- ans i - -nd the Constitution of the United States and t,e Consti tion oft '. -ommonwealth and that we . a ischa•:e the duties of o t - ith •j ity ' iii 00/10044 .-- C.4011 A .4•• 0 I " iiff, /'7042 /L/1'� 0 - 5e44 5:wic( =./R14.Pi Name (Chairman) Name 7(.e/2 Pao'C of acv 70,p c-zz I Aie_1) ,&_ SLr ,,c Law Firm Law Fiiin Law Firm /. 1) -S: t s f— 4200 ( / •/( ass --- - 4gcr Address ip_t _/_e, / A2/3 Ad ss Address oitA /2 ./(/ /70z/ mci_a4, 4•5 ti r xt.T City, Zip City, Y Zip City, Zip Award We,the undersigned arbitrators,having been duly appointed and sworn(or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) , uue -Fi p W elven. e--F 1 SIA �Ca a,ws �� 1 ayo +V( 1 Q,,t,,- 41'e S u,,, 04— l tea© ©. Qvc C?,. -4 r2- - 9 (,4-1, .Arbitrator, dis •nts. (Insert name if applicable_) ///j,/' Date of Hearing: J /X az-I( / , . Date of Award: �` _il ��� airman) ii►!�' Notice of Entry of Award Now,the -25"k day of _ ,20 I"?' , at /1 �-S , A .M.,the above award was entered upon the docket de thereof given by mail to the parties or their attorneys. Arbitrators' compe ' n to be pais usin appeal: $ .9/6 4Z By: P othonotary Deputy • PROTtiONO-L , 2314JUN 25 Ail 11-: I CUMBERLAND COUNTY PENNSYLVANIA katirie 7791 h4ein °Co) 1*• 4:eg itta lW 445-47 0248015166.1-B06 LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 EARLENE FORD, Plaintiff vs. GARY SUNDERLAND, Defendant ATTORNEY FOR DEFENDANT Gary SunderlandCZ , rn c_ rY1 Zrn COURT OF COMMON PLEA .3> rya. . c' OF CUMBERLAND COUNTY o . EIZAz.....3 $� .".. Dari NO. 13-7340 ORDER TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled discontinued and ended. Da" :'' utz, Esq. Attorney for Plaintiff: Earlene Ford Telephone No.: 717-238-6791 4503 N Front St Harrisburg,' PA, 17110