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Home My WebLink About05-4135 Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Ling/estown Road Harrisburg, PA 17110 Te/e: (717) 238-2000 Fax: (717) 233-3029 IMLER(ii)HHRLAW.COM Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Of; -Jy/JS C;(j~L'[-~ Civil Action. (XX) Law Kimberly Hill 193 A Carlisle Road Dillsburg, PA 17019 Daniel Rider 95 Wise Lane Boiling Springs, PA 17007 v. Plaintiff and Gary Rider 95 Wise Lane Boiling Springs, PA 17007 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwarded to (XX) Sheriff Jason C. Imler. Esquire 1300 LinQlestown Road Harrisburo. PA 17110 (717)238-2000 Name/AddresslTeiephone No. of Attorney ~~ ~..., ~nature of Arforney Supreme Court ID No. 87911 Date: AUQust 10. 2005 () ~ ~ f'\\- lrt ~ l'( -r~ t,~ ~: __ C/ c~\\_~', G) :::. }..; ~ ')\', -;::; '''...) "G. r ?,t ~ .....c: v...J .::c:. I ~ ()' D -~;;'i:, v ( ~7C~ \) ~ '3- --- ~ 'C$ 'f}. ~f(;) ~~ ~,~ 00 ~~.-.:J?-, "r:")~ \~.<;f\ ;--,." ~ ~ ;r;- .' ('J - ~ ~ Jason C. Imler, Esquire Attorney 1.0. No. 87911 HANDLER. HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLERt1v.HHRLAW.COM Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OS" -11135 Civil Action - (XX) Law Clo,tT~YYj Kimberly Hill 193 A Carlisle Road Dillsburg, PA 17019 Daniel Rider 95 Wise Lane Boiling Springs, PA 17007 v. Plaintiff and Gary Rider 95 Wise Lane Boiling Springs, PA 17007 Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: {} u 9 /J. I :2.D~ C, ( ) Check here if reverse is used for additional information PROTHON. - 55 SHERIFF'S RETURN - REGULAR CASE NO: 2005-04135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILL KIMBERLY VS RIDER DANIEL ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RIDER DANIEL the DEFENDANT , at 2050:00 HOURS, on the 19th day of August , 2005 at 95 WISE LANE BOILING SPRINGS, PA 17007 by handing to GARY RIDER, FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 5.60 .37 10.00 .00 33.97 r~~ R. Thomas Kline 08/23/2005 HANDLER HENNING ROSENBERG Sworn and Subscribed to before By: f), 711 /jf~ Deputy sherit1l me this .D. day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-04135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILL KIMBERLY VS RIDER DANIEL ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RIDER GARY the DEFENDANT , at 2050:00 HOURS, on the 19th day of August 2005 at 95 WISE LANE BOILING SPRINGS, PA 17007 by handing to GARY RIDER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~/"J.--::~__-" F~ r ~?~""........~ ,..r.~..t2~~>"1"~ . R. Thomas Kline 08/23/2005 HANDLER HENNING ROSENBERG Sworn and Subscribed to before By: j), 'FY '/r~m/ Deputy Sherif me this day of A.D. KIMBERLY HILL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. DANIEL RIDER and GARY RIDER, Defendants No.: 05-4135 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COURT: Please mark this matter "SETTLED. DISCONTINUED AND ENDED" Jason C. Imler. Esauire 1300 Linalestown Road Harrisbura. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney ( Date: November 21. 2005 ::::- _c), t :' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MYRA BARNHART and GREGORY BARNHART, Plaintiffs 2005-04263 v. Civil Action - Law STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Jury Trial Demanded Defendant REPLY OF DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY TO PLAINTIFFS' MOTION FOR PROTECTIVE ORDER 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, on or about October 17, 2005, Defendant filed an Answer to Plaintiffs' Complaint for Declaratory Judgment. 4. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of these averments and, therefore, they are denied. 5. Admitted. 6. Admitted that the determination of the Declaratory Judgment action will make the instant action moot. With respect to the remaining allegations, after reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of these averments and, therefore, they are denied. 7. Denied. Plaintiffs expended as much annoyance. burden and expense in preparing and filing the Motion for Protective Order as would have been required for a Complaint. Any inconvenience caused by litigating two actions simultaneously was caused by 2 . Plaintiffs themselves who initiated both actions. Defendant is entitled as matter of law to know the basis of the Complaint so that it may prepare a defense. Plaintiffs are prohibited by law and by Pennsylvania Rule of Civil Procedure from filing actions which lack a meritorious basis and, therefore, Plaintiffs must have known the basis for their Complaint prior to filing and serving the Writ in this action. Knowing the basis for the action, Plaintiffs are fully capable of filing and serving a Complaint at this time. 8. Denied. Defendant will be prejudiced, and perhaps irreparably so, if Defendant is denied a Complaint and fair notice of the claims made against it. Witnesses become unavailable, evidence disappears or deteriorates or becomes stale and otherwise the ability to prepare for and defend a claim is impaired by the passage of time. 9. Defendant requests this Court enforce the rule which has been issued and require the filing of a Complaint. Postponing the filing of a Complaint until the outcome of a declaratory judgment action delays for an indiscernible and unpredictable period of time the ability of Defendants to prepare a defense and causes substantial prejudice. 10. Denied. Defendant will be prejudiced and severely so by the relief requested by Plaintiffs. 11, Denied. Plaintiffs expended as much annoyance, burden and expense in preparing and filing the Motion for Protective Order as would have been required for a Complaint. Any inconvenience caused by litigating two actions simultaneously was caused by Plaintiffs themselves who initiated both actions. Defendant is entitled as matter of law to know the basis of the Complaint so that it may prepare a defense. Plaintiffs are prohibited by law and by Pennsylvania Rule of Civil Procedure from filing actions which lack a meritorious basis and, therefore, Plaintiffs must have known the basis for their Complaint prior to filing and serving the 3 Writ in this action. Knowing the basis for the action, Plaintiffs are fully capable of filing and serving a Complaint at this time. 12. The interest of judicial economy and administration not impaired to any meaningful degree by requiring the filing of a Complaint. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiffs' Motion for a Protective Order and require Plaintiffs to comply with the Rule and file and serve a Complaint. EAGER, REINAKER & SPINELLO DATE: ( ,I ! ~ I 1.u.:L BY: Geo ge H. ag ,--Esquire Attorneys for efendant State Farm 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Atty. J.D. No. 27740 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Reply of Defendant State Farm Mutual Automobile Insurance Company to Plaintiffs' Motion for a Protective Order upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO Date: 1I121/0S BY: (2 r-.:-"'l) . , '::eil --\ ", .\ ~,' 'c.~,j (;; [' '-