HomeMy WebLinkAbout05-3618
IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
INSURANeE COMPANY,
eivil Division
No. OS' - 310lf
{J-Ut'({t/L~
Petitioner,
v.
PETITION TO APPOINT
THIRD ARBITRATOR
JOHN LONG,
Respondent.
Filed on behalf of:
State Farm Mutual Automobile
Insurance Company,
Petitioner.
Counsel of Record for this Party:
Stephen J. Summers, Esquire
Pa. 1.0. #40213
SUMMERS, MCDONNELL, HUDOCK
GUTHRIE & SKEEL, L.L.P.
Firm # 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#13590
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ST ATE FARM MUTUAL AUTOMOIBLE 1
INSURANCE COMPANY, 1
)
Petitioner, )
1
v. 1
1
JOHN LONG, 1
1
Respondent. )
Civil Division
No. OS -
G()~LYCVcYrJ
PETITION TO APPOINT THIRD ARBITRATOR
The Petitioner, State Farm Mutual Automobile Insurance Company, by and
through its attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. and
Stephen J. Summers, Esquire, files the following Petition.
1. Petitioner, State Farm Mutual Automobile Insurance eompany, is an
insurance company licensed to conduct business in the state of Pennsylvania.
2. The Respondent, John Long, is a resident of Cumberland County.
3. On or about January 7, 2002 Mr. Long was injured in a motor vehicle
accident and has made a claim for uninsured motorist benefits.
4. At all times relevant hereto, John E. Long was the named insured on
an automobile policy issued by State Farm Mutual Automobile Insurance Company
which provided uninsured/underinsured motorist coverage.
5. Counsel for John E. Long has appointed Robert Claraval to serve as
Mr. Long's arbitrator and counsel for State Farm Mutual Automobile Insurance
eompany has appointed Darren Powell to serve as State Farm's arbitrator.
6. The arbitrators appointed by the parties have been unable to agree
upon a third arbitrator. The arbitrator for State Farm has proposed one of the
following attorneys as the third arbitrator:
a. William Douglas;
b. George Faller;
c. Hubert Gilroy.
7. All of these proposed candidates have been rejected by Mr. Long's
arbitrator.
8. In order for this case to proceed, the parties need the court to appoint
a chairman of this arbitration panel.
WHEREFORE, the Petitioner moves this Honorable eourt to appoint an
arbitration panel chairman or alternatively to schedule a conference for the purpose
of appointing a third arbitrator. Proposed Orders are attached.
Respectfully submitted,
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
BY:
t
St p n J. Summers, Esquire
Supreme Court I.D. #40213
Attorneys for Petitioner,
State Farm Mutual Automobile
Insurance eompany.
1017 Mumma Road
Lemoyne, PA 17043
VERIFICATION
I, Robert Brown, verify that I am a elaim Specialist of State Farm Mutual
Automobile Insurance Company, and I am authorized to execute this Verification on
its behalf and the statements made in the foregoing Petition to Appoint Third
Arbitrator are true and correct to the best of my knowledge, information and belief.
I understand false statements herein are made subject to the penalties of 1 8
Pa. C.S. 94904 relating to unsworn falsification to authorities.
+<M~~
Robert Brown
Date: l-f.o~O<G'
#13590
CERTIFICA TE OF SERVICE
I hereby certify that a true and correct copy of the within PETITION TO
APPOINT THIRD ARBITRA TOR was served upon counsel of record by mailing the
same via first class mail, postage pre-paid, this 13th day of July, 2005, addressed as
follows:
Andrew H. Dowling, Esquire
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
SUMMERS, MCDONNELL, HUDOCK, GUTHRIE
& SKEEL, L.L.P.
BY:
~--
Stephen J. Summers, Esquire
Attorneys for Petitioner,
State Farm Mutual Automobile
Insurance Company.
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1:::1 OIlGlNAL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Civil Division
Petitioner
No. 05-3618
v.
JOHN LONG,
Respondent
RESPONSE OF JOHN LONG
TO STATE FARM'S
"PETITION TO APPOINT THIRD ARBITRATOR"
AND NOW, comes Respondent, John Long, and responds to the "Petition to Appoint
Third Arbitrator" flIed by State Farm and answers as follows:
1-5. Admitted.
6-7, Admitted. By way of further answer, John Long had suggested David Lutz,
Esquire, who has been used as a neutral in other uninsured automobile cases. State Farm
rejected David Lutz, Esquire. Mr. Long also suggested Lee Anderson, Esquire who has
extensive knowledge in automobile law. Lee Anderson was neither agreed to nor rejected by
State Farm.
8. Admitted and agreed. John Long recommends that the Court appoint one of the
following neutral arbitrators:
(a) The Honorable Richard B. Wickersham, Esauire - retired Judge and
resident of eumberland County. With his judicial background he would be an appropriate
thirdlneutral arbitrator.
(b) Joanne Clough. Esauire - attorney and resident of Cumberland County
who has been appointed by the Cumberland eounty Court to serve on common law arbitration
panels.
WHEREFORE, John Long requests this Court to appoint one of the two above
referenced third/neutral arbitrators.
Respectfully submitted,
~~
By:
Andrew H. Dowling, Esquire
Pa. LD. #39692
Mette, Evans & Woodside
3401 N. Front 81., P,O. Box 5950
Harrisburg, P A 1711 0-0950
(717) 232-5000
Attorney for Respondent
Dated: July 18, 2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA
STATE FARM MUTUAL AUTOMOIBLE)
INSURANCE COMPANY, )
)
Petitioner, )
)
v. )
)
JOHN LONG, )
)
Respondent. )
Civil Division
No. oS' -.]~I p C7u~C--rv<-\
ORDER OF COURT
AND NOW, this
,;2.j=0
day of Cf-e-<'L
(j
for {? utUJt .3 (
2005, a
conference is hereby scheduled
2005 at
.3 : OyY
-r2-.m. in chambers for the purpose of appointing a third arbitrator in the above
case.
BY THE COURT:
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