HomeMy WebLinkAbout05-3106
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PIaintiff(s) & Address(es):
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
P.O. Box 2013
Mechanicsburg, P A 17055-071 0
FileNo. OS -.]106 (!i()~trt.J2....~
vs.
Defendant(s) & Address(es)
Civil Action - Law
CONSOLIDATED PROPERTIES,
400 N. Front Street
Wormleysburg, PA 17043
JURY TRIAL DEMANDED
NOTICE
TO: Consolidated Properties
400 N. Front Street
W ormleysburg, PAl 7043
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 INFORMA nON 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, Pennsylvania 17013
Telephone: (800) 990-9108
.-'
AVISO
USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los
pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente 0 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 Ie
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra
reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte
sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para
usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. EST A
OFlCINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (800) 990-9108
, STRICKLER, LERMAN,
S & CALKINS
">k
. THOMAS B. SPONAUGLE, ESQUIRE
Supreme Court LD. #64584
Attorney for Plaintiffs
110 South Northern Way
York, PA 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
File No. 05-3106 Civil
vs.
JURY TRIAL DEMANDED
CONSOLIDATED PROPERTIES,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this .!:it.- day o~, 2005, I, Thomas B. Sponaugle, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby
certify that I have this date served a copy ofthe Request for Production of Documents, Statements
and Things Served upon Defendant by Plaintiffs as indicated below, addressed to the party or
attorney of record as follows:
Dennis J. Bonetti, Esquire
Cipriani & Werner, P.C.
1011 Munrma Road, Suite 201
Lemoyne, P A 17043
By:
THOMAS AUGLE, ESQUIRE
Supreme C I.D. #64584
Attorney for l.aintiffs
110 South orthern Way
York,PA 17402
(717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff(s) & Address(es):
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
P.O. Box 2013
Mechanicsburg, PA 17055-0710
FileNo. 05 -3/Ck
CL~L ~~
vs.
Defendant(s) & Address(es)
Civil Action - Law
CONSOLIDATED PROPERTIES,
400 N. Front Street
Wormleysburg, PA 17043
JURY TRIAL DEMANDED
COMPLAINT
1. Erie Insurance Group is a corporation authorized to provide insurance to residents of the
Commonwealth of Pennsylvania with a place of business of 4901 Louise Drive, Rossmoyne
Business Center, P.O. Box 2013, Mechanicsburg, PA 17055.
2. Sarah Hill is an adult individual currently residing at 573 Brighton Place, Mechanicsburg,
P A 17050. At all times relevant to this suit, she resided at 127 Stanford Court, Mechanicsburg, P A.
3. Consolidated Properties is a management company authorized to do business in the
Commonwealth of Pennsylvania with an address of service of 400 N. Front Street, Wormleysburg,
PA 17043.
4. On or about November 20, 2003, Sarah Hill resided in an apartment managed by
Consolidated Properties, such apartment located at 127 Stanford Court, Mechanicsburg, P A.
5. On or about November 20, 2003, a washing machine hose connected to a washing
machine in Sarah Hill's apartment burst, causing the uncontrolled release of water into Sarah Hill's
apartment and causing significant water damage in the amount of $19,524.55.
6. The washing machine hose at issue was beyond its manufacturer warranty, as well as
beyond its useful life range.
7. Consolidated Properties is responsible for the accident by way of its negligence in the
following particulars:
a. Failing to inspect the washing machine hose at issue;
b. Failing to have any type of maintenance scheduled to inspect washing
machine hoses in the apartment complex;
c. Failing to properly maintain and service the washing machine hose at
issue;
d. Failing to conduct an inspection of washing machine hoses in the
apartment complex after having the same occurrence at least three
times prior to the November 20, 2003 accident;
e. Failing to replace the washing machine hose on a regular schedule;
f. Failing to maintain and service the washing machine and its
accompanying parts, including but not limited to, the washing
machine hose.
8. Plaintiff has demanded and Defendant refused to respond to Erie's subrogation demand
of$19,524.55.
9. The amount at issue does not exceed the mandatory arbitration limit for Cumberland
County.
WHEREFORE, Plaintiffs demand judgment against the Defendant III the amount of
$19,524.55, plus interest and costs of suit.
By:
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
THOMA . SP LE, ESQUIRE
Supreme Court LD. #64584
Attorney for Plaintiffs
110 South Northern Way
York,PA 17402
(717) 757-7602
0>>Mkr/o.n-d
IN THE COURT OF COMMON PLEAS OF ~ COUNTY, PENNSYLVANIA
PIaintiff(s) & Address(es):
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
P.O. Box 2013
Mechanicsburg, P A 17055-0710
File No.
vs.
Defendant(s) & Address(es)
Civil Action - Law
CONSOLIDATED PROPERTIES,
400 N. Front Street
WormIeysburg, PA 17043
JURY TRIAL DEMANDED
VERIFICATION
I verify that the foregoing facts are true and correct, upon my personal knowledge or
information and belief. This verification is made subject to the penalties of 18 Pa.C.S. 94904,
relating to unsworn falsification to authorities.
~/ / ",.
Date:~
//
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RANCIS GUILLEMETTE
ERIE INSURANCE GROUP
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE GROUP, as
SUBROGEE for SARAH HILL,
CASE NUMBER: 05-3106 Civil
ISSUE NUMBER:
Plaintiff
v. PLEADING:
CONSOLIDATED PROPERTIES, PRAECIPE FOR APPEARANCE
Defendant
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
CONSOLIDATED PROPERTIES,
Defendants.
COUNSEL OF RECORD:
DENNIS J. BONETTI, ESQUIRE
Pa.ID# 34329
CIPRIANI & WERNER, P.c.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE GROUP, as
SUBROGEE for SARAH HILL,
Plaintiff
) CASE NO: 05-3106 Civil
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
v.
CONSOLIDATED PROPERTIES,
Defendant
PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly enter my appearance on behalf of the Defendant, CONSOLIDATED
PROPERTIES, in the above-captioned matter.
Respectfully submitted,
BY:
"\
<!v\~RNER, PoCo
;/{J
DE- IS J. BONETTI, ESQUIRE
Att rney for the Defendant
CONSOLIDATED PROPERTIES
CERTIFICATE OF SERVICE
That counsel for the Defendant, CONSOLIDATED PROPERTIES, hereby
certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been
served on all counsel of record, by first class mail, postage pre-p, ~ording to the
~I~ Rules of Civil Procedure, on the ....::::> day of
l ,2005.
Thomas B. Sponaugle, Esquim
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York,PA 17402
BY:
Respectfully submitted,
CIP.mlJJER, PC
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DE J. BONETTI, ESQUIRE
Atto ey for the Defendant
CONSOLIDATED PROPERTIES
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE GROUP, as
SUBROGEE for SARAH HILL,
CASE NUMBER: 05-3106 Civil
ISSUE NUMBER:
Plaintiff
v.
PLEADING:
CONSOLIDATED PROPERTIES,
ANSWER WITH NEW MATTER AND
CROSSCLAIM
Defendant
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
CONSOLIDATED PROPERTIES,
Defendants.
COUNSEL OF RECORD:
DENNIS J. BONETTI, ESQUIRE
Pa.ID# 34329
CIPRIANI & WERNER, p,c.
1011 Mumma Road
Lemoyne, PA 17043
TO: ERIE INSURANCE GROUP AND SARAH HILL (717) 975-9600
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED ANSWER WITH NEW MATTER
AND CROSSCLAIM WITHIN TWENTY (20)
D 0 SERVICE HEREOF OR A DEFAULT
JU Y BE ENTERED AGAINST YOU,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff
) CASE NO: 05-3106 Civil
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
ERIE INSURANCE GROUP, as
SUBROGEE for SARAH HILL,
v.
CONSOLIDATED PROPERTIES,
Defendant
ANSWER OF CONSOLIDATED PROPERTIES TO PLAINTIFF'S COMPLAINT WITH
NEW MATTER AND COUNTERCLAIM
AND NOW, comes Defendant, Consolidated Properties, by and through its counsel,
Cipriani & Werner, and hereby files the following Answer with New Matter and Counterclaim
and in support thereof states the following:
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief to the truth of the averments contained in paragraph 1 of
Plaintiffs Complaint and the same are therefore denied.
2. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief to the truth of the averments contained in paragraph 2 of
Plaintiffs Complaint and the same are therefore denied.
3. Admitted.
4. Admitted.
5, Denied. The averments contained in paragraph 5 are denied pursuant to Pa.R.C.P.
1 029( e). By way of further answer, after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments concerning
the nature and extent of injuries suffered by Plaintiff and the same is therefore denied.
6. Denied. The averments contained in paragraph 6 are denied pursuant to Pa.R.C.P.
1029(e).
7. Denied. Defendant is advised by counsel and therefore avers that the allegations
contained in paragraph 7 including sub-paragraphs (a) through (f) inclusive state conclusions of
law to which no answer is required. To the extent a further answer is required, the averments
contained in paragraph 7 including sub-paragraphs (a) through (f) inclusive are denied pursuant
to Pa.R.C.P. 1029(e).
8. Denied. Defendants are advised by counsel and therefore aver that the allegations
contained in paragraph 8 of Plaintiffs Complaint state conclusions of law to which no answer is
required. To the extent that a further answer is required, the averments contained in paragraph 8
are denied pursuant to Pa.R.C.P. 1029(e).
9. Denied. Defendants are advised by counsel and therefore aver that the allegations
contained in paragraph 9 of Plaintiffs Complaint state conclusions oflaw to which no answer is
required.
WHEREFORE, Consolidated Properties demands judgment III its favor and against
Plaintiff without cost.
NEW MATTER
10. Plaintiffs claims may be barred by the applicable statute oflimitations.
11. Plaintiffs alleged injuries and damages, if any, which are specifically denied,
may have been caused, either in whole or in part by the acts or omissions of third parties other
than Defendant.
12. Plaintiffs alleged injuries and damages, if any, which are specifically denied,
may have been pre-existing, either in whole or in part and are not causally related to the accident
giving rise to the present litigation.
13. Plaintiffs claims are reduced or barred by the Comparative Negligence Act.
Plaintiffs contributory negligence consisted of, but is not limited to:
a. Failing to inspect the washing machine hose in question;
b. Failing to notify the landlord of the condition of the
washing machine hose in question;
C. Failing to turn off the water to the washing machine when
Plaintiff knew that she was going to be absent from the
property for an extended period of time;
d. Failing to make arrangements to have the premises
inspected during her extended absence; and
e. Failing to keep the premises in a neat and clean condition,
14. Discovery may reveal that Plaintiffs claims may be barred in whole or in part by
one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by
reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata,
release or immunity from suit.
15. Plaintifffailed to mitigate her damages.
WHEREFORE, Consolidated Properties demands judgment In its favor and against
Plaintiff without cost.
COUNTERCLAIM
CONSOLIDATED PROPERTIES v. SARAH HILL
16. Defendant hereby incorporates its answer to Plaintiffs Complaint and the
preceding New Matter as though the same were fully set forth herein at length. As a result of the
negligence of Plaintiff, Defendant has incurred the following expenses to repair the premises and
restore the same:
a. American West Tech cost to evaluate property - $472.50;
b. Restore Core Emergency Services - $4,948.78;
c. Restore Core repair of water damages - $16,038.31;
d. Damage to carpets - $849.29;
e. Labor (Johns Handyman Services) - $365.00;
f. Appliances - $1,429.96;
g. Loss of Rent - $2,677.50;
h. Labor to move Plaintiffs personalty - $1,061.50; and
1. Storage of Plaintiffs personalty (truck rental) - $1,418.27.
WHEREFORE, Consolidated Property demands judgment In its favor and against
Plaintiff.
Respectfully submitted,
BY:
VERIFICATION
I hereby affirm that the following facts are correct:
Consolidated Properties, is a Defendant in the foregoing action. The attached Answer
with New Matter and Crossclaim is based upon information which I have furnished to my
counsel and information which has been gathered by my counsel in preparation for this lawsuit.
The language of the Answer with New Matter and Crossclaim is that of counsel and not of me. I
have read the Answer with New Matter and Crossclaim and to the extent that the Answer with
New Matter and Crossc\aim is based upon information which I have given to my counsel, it is
true and correct to the best of my knowledge, information and belief. To the extent that the
content of the Answer with New Matter and Crossclaim is that of counsel, I have relied upon
counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid
Answer with New Matter and Crossclaim is made subject to the penalties of 18 Pa.C.S. 4904
relating to unsworn falsification to authorities.
Dated: Auj Ib,'~S-
J~u5tf:---,
Authorized Representative of Consolidated Properties
CERTIFICATE OF SERVICE
That counsel for the Defendant, CONSOLIDATED PROPERTIES, hereby certifies that a
true and correct copy of its ANSWER WITH NEW MATTER AND CROSSCLAIM has been
served on all counsel of record, by first class mail, postage pre-paid, according to the
Pennsylvania Rules of Civil Procedure, on the J..j day of O~--?e<.-
2005.
Thomas B. Sponaugle, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
Respectfully submitted,
BY:
D S J. BONETTI, ESQUIRE
Alto ey for the Defendant
CO SOLIDATED PROPERTIES
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
File No. 05-3106 Civil
vs.
JURY TRIAL DEMANDED
CONSOLIDATED PROPERTIES,
Defendant
PLAINTIFF'S REPLY TO NEW MATTER
10. Denied. Paragraph 10 is a conclusion oflaw to which no response is required.
11. Denied. Paragraph 11 is a conclusion of law to which no response is required.
12. Denied. Paragraph 12 is a conclusion oflaw to which no response is required.
13. Denied. It is specifically denied Plaintiff s claims are reduced or barred by the
Comparative Negligence Act and Plaintiff s contributory negligence consisted of, but is not limited,
to:
a, Failing to inspect the washing machine hose in question;
b. Failing to notify the landlord of the condition ofthe washing machine
hose in question;
c. Failing to turn off the water to the washing machine when Plaintiff
knew that she was going to absent from the property for an extended
period of time;
d. Failing to make arrangements to have the premises inspected during
her extended absence; and
e. Failing to keep the premises in a neat and clean condition.
On the contrary, at all times relevant hereto, Plaintiff acted in a careful, lawful and prudent manner
with due care under the circumstances and was not negligent and strict proof thereof is demanded.
14. Denied, Paragraph 14 is a conclusion oflaw to which no response is required.
15. Denied. Paragraph 15 is a conclusion of law to which no response is required.
PLAINTIFF'S REPLY TO COUNTER CLAIM
16. Denied. Plaintiff incorporates by reference its allegations in Plaintiffs Complaint.
By way of further response, it is denied that the Plaintiff was negligent. On the contrary, at all times
relevant hereto, Plaintiff acted in a careful, lawful and prudent manner with due care under the
circumstances, was not negligent and strict proof thereof is demanded. Defendant's expenses to
repair premises and restore same are denied and strict proof thereof is demanded.
GRIFFITH, ST C
SOL YMOS C
By:
THOMAS GLE, ESQUIRE
Supreme Co .D. #64584
Attorney for Plaintiff
110 South Northern Way
York, PA 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
File No. 05-3106 Civil
vs.
JURY TRIAL DEMANDED
CONSOLIDATED PROPERTIES,
Defendant
VERIFICATION
I, Thomas B. Sponaugle, Esquire, do hereby verify that I am the attorney of record for the
pleading parties herein, Erie Insurance Group, as Subrogee for Sarah Hill, and that the facts set forth
in the foregoing pleading are true to the best of my knowledge, information and belief, upon
information supplied.
I understand that false statements made herein are made subject to the penalties of 18
Pa.C.S.A. ~4904 relating to unsworn falsification to authorities.
GRlFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
Dated:
BY:
THOMAS
Supreme Court I 4584
110 South Northern Way
York, Pennsylvania 17402
(717)757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
File No. 05-3106 Civil
vs.
JURY TRIAL DEMANDED
CONSOLIDATED PROPERTIES,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this I Jtn day ot<:9ciJ~ , 2005, I, Thomas B. Sponaugle, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby
certify that I have this date served a copy of the Plaintiff's Reply to New Matter and Counter
Claim as indicated below, addressed to the party or attorney ofrecord as follows:
Dennis J. Bonetti, Esquire
Cipriani & Werner, P.c.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
By:
AN,
THOMAS
Supreme Court . #64584
Attorney for PI intiffs
110 South Northern Way
York, PA 17402
(717) 757-7602
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ERIE INSURANCE GROUP, AS SUBROGEE
FOR SARAH HILL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3106
CIVIL
19
v.
CONSOLIDATED PROPERTIES,
Defendant.
ACTION IN LAW
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substanlially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Thomas B. Sponaugle, 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 the plaintiff in the aclion is $ 19,524 .55
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Dennis J. Bonetti, Esquire, Cipriani & Werner, P.C.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators 10 whom the case shall be
submitted,
ORDER OF COURT
THOMAS
GRIFFITH,
SOLYMOS
ESQUIRE
LERMAN,
AND NOW,
, 19_, in consideration of the
foregoing petition,
Esq" and
actions) as prayed for.
Esq.,
, Esq" are appointed arbitralors in the above captioned action (or
By the Court,
P.J,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
File No. 05-3106 Civil
vs.
JURY TRIAL DEMANDED
CONSOLIDATED PROPERTIES,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this I J, 6J day ;;~Yj., 2005, I, Thomas B, Sponaugle, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby
certify that I have this date served a copy of the Petition for Appointment of Arbitrators as
indicated below, addressed to the party or attorney of record as follows:
Dennis J. Bonetti, Esquire
Cipriani & Werner, P,C,
]011 Mumma Road, Suite 201
Lemoyne, P A 17043
GRIFFITH, STRICKLER RMAN,
SOL YMOS A S
By:
TH AS, NAUGLE, ESQUIRE
Suprem Co J.D. #64584
Attorney for Plaintiffs
1]0 South Northern Way
York, PA 17402
(717) 757-7602
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ERIE\NSURANCE GROUP, AS SUBROGEE
FOR SARAH HILL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3106
CIVIL
19
v.
CONSOLIDATED PROPERTIES,
Defenda[1t.
ACTION IN LAW
RULE 1312-1.
The Petition for Appoinlment of Arbitrators shall be substantially in the following fonn:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Thomas B. Sponaugle, Esquire
, counsel for the plaintiff/defendant in the above action (or actions),
respectfully represents that:
1. The above-captioned aClion (or actions) is (are) at issue.
2. The claim ofthe plaintiff in the action is $ 19,524 .55
The counterclaim of Ihe defendanl in the action is
The following attorneys are interested in the case(s) as counselor are otherwise disqualified 10 sit as arbitrators:
Dennis J. ~onetti, Esquire, Cipriani & Werner, P.C.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
ORDER OF COURT
Respectful~tt~ ______
THOMA;-~SQUIRE
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
c2Y
.,~O{)5-' in consideratiqn of the
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, Esq" are appointed arbitrators in the above captioned action (or
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
File No. 05-3106 Civil
vs.
JURY TRIAL DEMANDED
CONSOLIDATED PROPERTIES,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this/j,~ day '(;fju.-JYJ>, 2005, I, Thomas B. Sponaugle, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby
certifY that I have this date served a copy of the Petition for Appointment of Arbitrators as
indicated below, addressed to the party or attorney of record as follows:
Dennis J. Bonetti, Esquire
Cipriani & Werner, P,C.
1011 Mumma Road, Suite 201
Lemoyne, P A 17043
GRIFFITH, STRICKLER
SOL YMOS A S
By:
TH AS,
Suprem Co LD, #64584
Attorney for Plaintiffs
110 South Northern Way
York, PA 17402
(717) 757-7602
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C {JY] y" II ,'(crtJ Pr"f}"-rr~
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Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.~- 310&7
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution ofthe United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
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Signature
L")A At C.rtiL",OI1
Name (Chairman)
Name
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Name
0KL/b:.YV Gu.,Df[JU
Law Firm
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Law Firm
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Law Firm
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Address
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Address
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Address
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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.)
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. Arbitrator, dissents. (Insert name if applicable.)
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Date of Hearing: 1:.'//31 !LUO "
Date of Award: GI/31!2<;00
Notice of Entry of Award
Now, the J,'1d day of h'};O{4f/ ,20 tf'0' , at 8':5'2) , f ,M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ :;;r;'() / 00
By:
Depuly
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH I/[LL.
) CASE NO: 05-3106 Civil
)
)
)
)
)
)
) APPEAL FROM BOARD OF
) ARBITRATORS
Plaintiff
v.
CONSOLIDATED PROPERTIES,
Defendant
NOTICE OF APPEAL FROM BOARD OF ARBITRATORS
TO: PROTHONOT AR Y OF CUMBERLAND COUNTY
Notice is given that Defendant. Consolidated Properties, liereby appeals to the Court of
Common Pleas of Cumberland County from the award ofthe arbitrators entered in Ihe above case
on the 2'''' day of February, 2006,
/ A jury trial is demanded, (if box is nol checked. a jury trial is waived,)
I hereby certify that (check appropriale box):
v
The compensation of the arbilrators has been paid, or
Application has been made 10 proceed infimna pauperis,
BY:
CIPRIANI & WERNER
~~
. ASO~ K, BURNS, ESQUIRE
Attorney 1.0.83010
1011 Mumma Road, Suile 201
Lemoyne, PA 17043
(717) 975-9600
Date: 2-J3-0~
Attorney for Appellant
Arbitration fees ($ 290,00) received on I~ay of~~L,
,2006,
Notice sent to Thomas B. Sponaugle, Esquire, Griffith, Strickler, Lennan, So[ymos &
Calkins, I 10 South Northern Way, York, PA 17402, Attorney for Ihe Plaintiff on
"J:9 ~S
1'-(
,2006.
A,,,,Jl~
.
.....
CERTIFICATE OF SERVICE
Thai counsel for the Appellant, Consolidated Properties, hereby certifies that a true and
correct copy of its NOTICE OF APPEAL FROM BOARD OF ARBITRATORS has bcen served
on all counsel of record, by fir/>;~ts mail, poslaftlfe-paid, according Iu the Pennsylvania Rules
of Civil Procedure, on the , ') ~ day of V Vt~ . 2006,
Thomas B. Sponaugle. Esquire
Griffilh, Strickler, Lennan, Solymos & Calkins
110 Soulh Northern Way
York, PA 17402
Respectfully submilled,
CIPRIANI & WERNER, P,C,
BY: ~
J ON K. BURNS, ESQUIRE
Allorney for the Appellant
Consolidated Properties
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PRAECll'E FOR LISTING CASE FOR TRIAL
(Must be typewritteu and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
~ for JURY trial at the next term of civil court,
o for trial without a jury,
-----------------------~-------------------------------------------------------------------------------------------~-
CAPTION OF CASE
(entire caption must be ."(ated in full)
(check one)
o Civil Action - Law
[K] Appeal from arbitration
o
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
(other)
(Plaintiff)
VS,
Thc trialllst will be called on 5/16/06
and
CONSOLIDATED PROPERTIES
Trials commence on 6/12/06
(Defendanl)
Pretrlalswlll be held on 5/24/06
(Briefs are due 5 days before pretrials
VS.
No,
05-3106
,
-.-------- ---
Tcrm
Indicate the aUorncy who w1l1 Iry casc lor the party who liles this praecIpe:
Thomas B. Sponaugle, Esquire, counsel for Plaintiff
n _____...._,.__
Indicate Inal counsel for other parties if known:
Df'nnis .T. Bonetti. Esouire9 counseJ for Defendant
This case is ready for trial.
Signed:
Print Namc:
Dale: 2-17-06
Attorney for: Plaintiff
,_i
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
vs.
CONSOLIDATED PROPERTIES,
Defendant
File No. 05-3106 Civil
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW PRE-TRIAL LISTING
TO THE PROTHONOTARY:
Kindly withdraw the Praecipe listing this case for trial for the week of June 12,2006.
By: /
1
H, STRICKLER, LERMAN,
OS & CALKINS
,i'/~
0/
THOMAS B. SPONAUGLE, ESQUIRE
Supreme Court I.D, #64584
Attorney for Plaintiffs
1] 0 South Northern Way
York, PA 17402
(7] 7)757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
Plaintiffs
File No. 05-3106 Civil
vs.
JURY TRIAL DEMANDED
CONSOLIDATED PROPERTIES,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 5 *1 day of ~~ , 2006, I, Thomas B. Sponaugle, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby
certify that I have this date served a copy of the Praecipe to Withdraw Pre-Trial Listing as
indicated below, addressed to the party or attorney of record as follows:
Dennis], Bonetti, Esquire
Cipriani & Werner, P.C,
1011 Mumma Road, Suite 201
Lemoyne, P A 17043
By:
THO AUGLE, ESQUIRE
Supreme rt .D. #64584
Attorney or aintiffs
110 South Northern Way
York, PA 17402
(717) 757-7602
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
1m for JURY trlal at the next term of civil court,
D for trial without a jury,
---------------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
ERIE INSURANCE GROUP, as SUBROGEE
for SARAH HILL,
(check one)
D Civil Action - Law
IlU Appeal from arbitration
D
(other)
(Plain1iff)
vs<
The trial list will he called on 8/22/06
and
CONSOLIDATED PROPERTIES
Trials commence on 9/18/06
(Defendant)
Pretrials will be held on 8/30/06
(Briefs are due 5 days before pretrials
vs.
No, 05-3106
Ternl
Indicate the attorney who willlry case for Ihc party who files this praecIpe:
Thomas B. Sponaugle, Esquire, counsel for Plaintiff
--...__._-----_._--_._--_._..._-_._._~--_._- ------_._-~-_..-
Indicale trial counsel for other parties if known:
Dennis J. B.onetti,___Esquire, counsel
This case is ready for Ina1.
Signed: ~_
Sponaugle
Print Name:
Dale:-----'t:-5-~~n
Plaintiff
Attorney for: __ ,_
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
Plaintiff
) CASE NO: 05-3106 Civil
)
)
)
)
)
)
)
)
ERIE INSURANCE GROUP, as
SUBROGEE for SARAH HILL,
v.
CONSOLIDATED PROPERTIES,
Defendant
STIPULATION
The parties hereto, by and through their respective couosel, hereby agree and
stipulate as follows:
1. All counsel represent and warrant that they are authorized to enter into this
Stipulation on behalf of each oftheir respective clients;
2. The Counterclaim filed by Defendant against Plaintiff is hereby stricken
From Defendant's Answer with New Matter.
GRIFFITH STRICKLER, LERMAN
SOLY~ KINS
BY: t.
THOMAS SP
Attorney fo
CIPRIANI & WERNER, PoCo
BY:
D IS J. BONETTI
torney for the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE GROUP, as
SUBROGEE for SARAH HILL,
CASE NUMBER: 05-3106 Civil
ISSUE NUMBER:
Plaintiff
v. PLEADING:
CONSOLIDATED PROPERTIES, PRAECIPE TO SETTLE, DISCONTINUE
Defendant & END
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
Defendant.
COUNSEL OF RECORD:
DENNIS J. BONETTI, ESQUIRE
Pa.ID# 34329
CIPRIANI & WERNER, PoCo
10 11 MUD1illa Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE GROUP, as
SUBROGEE for SARAH HILL,
Plaintiff
) CASE NO: 05-3106 Civil
)
)
)
)
)
)
)
)
v.
CONSOLIDATED PROPERTIES,
Defendant
PRAECIPE TO SETTLE. DISCONTINUE & END
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly mark the above-captioned matter settled, discontinued and ended.
Respectfully submitted,
GRIFFITH, STRICKLER, LERMAN
SOL YM CALKINS
BY:
AUGLE, ESQUIRE
LAINTIFF
.
CERTIFICATE OF SERVICE
That counsel for the Defendant hereby certifies that a true and correct copy of its
PRAECIPE TO SETTLE, DISCONTINUE & END has been served on all counsel of
record, by first class ma~ postage pre-~d, according to the Pennsylvania Rilles of Civil
Procedure, on the 02 'b day of ~ ' 2006.
Thomas B. Sponaugle, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York,PA 17402
Respectfully submitted,
BY:
DE IS J. BONETTI, ESQUIRE
torney for the Defendant
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