HomeMy WebLinkAbout06-1770
ORIGINAL
SEAN M. VERNON
2416 Market Street
Harrisburg, PA 17104
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
Ole. - J "lID
C~o~tISV-\
ROBERT L. BROWN and
PATRICIA BROWN, his wife,
3850 Sullivan Street
Mechanicsburg, PA 17055
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ of Summons in the above-captioned action. Said Writ of
Summons shall be issued and forwarded to the Sheriff for service upon the above-
named defendants.
Lee C. Swartz, Esquire
TUCKER ARENSBERG, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
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Sigrtature of Attorney
Supreme Court I.D. #07258
Date: -3! ':L'2..l 0 (0
WRIT OF SUMMONS
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
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Date: fl';}rl ~7, .J.(j(-j...,
By
Deputy
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Tucker Arensberg, P.C.
By: Lee C. Swartz
1.0. NO: 07258
111 N. Front Street, P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
ATTORNEY FOR PLAINTIFF
SEAN M. VERNON,
Plaintiff
v.
ROBERT L. BROWN and
PATRICIA BROWN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-1770
JURY TRIAL DEMANDED
CIVIL ACTION COMPLAINT
"NOTICE"
You have been sued in court. If you wish to defend
against the claims set forth in the following pag~, you
must take action within twenty (20) days after tins
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 buy the court
without further notice fot" any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property of 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.
LAWYER REFERENCE SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, pennsylvania 17013
(717) 249-3166
"AVISO"
"Le han demandado en corte. Si usted desea defender contra las demandas
dispuestas en las paginas siguientes, listed debe tamaT la acci6n en el plaza de
veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto
escrito personalmente 0 y archivando en escribir con la corte sus defensas u
objeciones alas demandas dispuestas contra listed el abogado Ie advierte que que si
listed no puede hacer asl que el easo puede proceder sin listed y unjuicio se puede
incorporar contra listed compra la corte sin aviso adicional para cualquier dinero
demandacto en 1a queja 0 para cualquier otra demanda 0 relevaci6n pedida por el
demandante. Usted puedc perder el dinero 0 la caracteristica de atra endereza
importante a usted.
USTED DEBE LLEYAR ESTE PAPEL SU ABOGADO INMEDlATAMENTE.
SI USTED NO HACE QUE UN ABOGADO V A Y A A 0 LLAME POR
TELEFONO La OFICINA D1SPUEST A ABAJO. EST A OFfCINA PUEDE
PRO VEER DE USTED LA INFORMACI6N SOBRE EMPLEAR A UN
ABOGADO. SI USTED NO PUEDE PERMITlRSE AL HIRE A UN ABOGADO,
EST A OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION
SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDIC OS DE LA OFERT A
DE MAYO A LAS PERSONAS ELEGlBLES EN UN HONORARIO REDUClDO
o NINGUN HONORARIO
SERVICIO DE REFERENCIA LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SEAN M, VERNON,
v.
NO. 06-1770
ROBERT L. BROWN and
PATRICIA BROWN, his wife,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Sean M. Vernon, is an adult individual resident at 2416 Market Street,
Harrisburg, Dauphin County, Pennsylvania.
2. Defendants Robert L. Brown and Patricia Brown are individuals residing at 3850
Sullivan Street Mechanicsburg, Cumberland County, Pennsylvania.
3. On or about April 6, 2004, Defendants owned, possessed, and maintained a
certain dog with vicious propensities.
4. At all times relevant hereto, Defendants permitted their dog to roam in a fenced-
in back yard and failed to restrain and control the animal.
5. The Defendants knew, or should have known, that the dog was of a dangerous
and vicious nature and which by its breeding and training was accustomed to attacking and
biting humans.
6. On April 6, 2004, Defendants' dog, without provocation and while Plaintiff was on
a property next door, reached over a fence, attacked and bit the Plaintiff, greatly injuring him.
7. Solely as a result of the attack by Defendants' dog, Plaintiff suffered various
injuries including, but not limited to, severe lacerations of the muscles and tissue of his right
hand, all or some of which are likely to be permanent, including permanent scarring and knuckle
deformity.
8. Solely as a result of the attack by Defendants' dog, Plaintiff has expended
various sums of money for medicine and medical attention and treatment in curing himself of his
injuries.
9. As a further result of the attack by Defendants' dog, the Plaintiff has been
hindered and prevented from attending to his usual and daily occupation to his great financial
loss and damage.
10. As a further result, Plaintiff has sustained medical expenses.
WHEREFORE, the Plaintiff claims damages from Defendants in an amount in excess of
$35,000, with costs.
TUCKER ARENSBERG, P.C.
By:
L C. Swartz
Pa. Bar I.D. No. 07258
111 N. Front SI., P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: (717) 234-4121
Facsimile: (717) 232-6802
ATTORNEYS FOR PLAINTIFF
85878.1
,
VERIFICATION
I. SEAN M. VERNON. hereby certify that 1 am the Plaintiff in this action, and that the facts
contained in the foregoing Complaint are true and correct to the best of my knowledge, information
and belief. I understand that any false statements made to this verification are subject to the
penalties of 18 Pa. C.SA !l4904, relating to unsworn falsification to authorities.
(~~~
Sean M. Vernon
Dated: ~( 10/0 Co
I
,2006
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.
CERTIFICATE OF SERVICE
AND NOW, this \Ttt\ day of April, 2006, I, LEE C. SWARTZ, hereby certify that I have
this day served the within Complaint by depositing a copy of the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Robert L. and Patricia Brown
3850 Sullivan Street
Mechanicsburg, PA 17055
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SEAN M. VERNON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1770
ROBERT L. BROWN and
PATRICIA BROWN,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR APPEARANCE
TO: Prothonotary
Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger
& Weidner, on behalf of Defendants Robert L. Brown and Patricia Brown in the above-
captioned matter.
WIX, WENGER & WEIDNER
BY~C_~ H. LJ~
Richard H. Wix, Esq., /.D. #07274
Attorneys for Defendants
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 5/17/06
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SEAN M. VERNON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1770
ROBERT L. BROWN and
PATRICIA BROWN,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Sean M. Vemon; and
Lee C. Swartz, Esquire, Attomey for Plaintiff
You are hereby notified to plead to the enclosed New Matter within twenty (20)
days from service hereof or a default judgment may be entered against you.
Respectfully submitted,
WIX, WENGER & WEIDNER
BY~ {J.. LJ (/
Richard H. Wix, Esq., ID# 07274
Attomeys for Defendants
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 5/23/06
SEAN M. VERNON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1770
ROBERT L. BROWN and
PATRICIA BROWN,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANTS' ANSWER WITH NEW
MATTER TO PLAINTIFF'S COMPLAINT
AND NOW come the Defendants, by their attorneys, Wix, Wenger & Weidner
and set forth the following Answer with New Matter to Plaintiffs Complaint:
1. Admitted.
2. Admitted.
3. Denied as stated. It is admitted that Defendants did own a dog on April 6,
2004.
4. Denied as stated.
5. Denied.
6. Denied.
7. Denied as stated.
8. Denied as stated.
9. Denied as stated.
10. Denied.
NEW MATTER
11. Plaintiffs claim is barred by the applicable statute of limitations.
12. Plaintiffs claim is barred by reason of Plaintiffs own contributory
negligence.
13. Plaintiffs claim is barred by Plaintiffs assumption of the risk.
14. Plaintiffs claim is barred by reason of the fact that neither Defendant was
negligent.
WHEREFORE, Defendants demand judgment against the Plaintiff and costs of
this action.
Respectfully submitted,
WIX, WENGER & WEIDNER
B~~,)j~/
Richard H. Wix, Esq., ID #07274
Attorneys for Defendants
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
2
VERIFICATION
I, Robert L. Brown, have read the foregoing Defendants' Answer with New Matter
to Plaintiff's Complaint, which has been drafted by my counsel. The factual statements
andlor denials contained therein are true and correct to the best of my knowledge,
information and belief. I am authorized to make this verification.
This verification is made only as to the factual averments contained therein and
not to legal conclusions and averments authorized by counsel in his capacity as attomey
for the party or parties hereto.
This verification is made subject to the penalties of 18 PA. C.S. Section 4904,
relating to unsworn falsification to authorities which provides that, if I knowingly made
false averments, I may be subject to criminal penalties.
Date: S /.;1.> /0'
I!i/ ~
. Robert L. Brown
. ,
CFRTIFICATF OF SERVICE
AND NOW, this 23rd day of May, 2006, I, Gaye Crist, an employee of the firm
of Wix, Wenger & Weidner, attorneys for Defendants, hereby certify that I served the
within Defendants' Answer with New Matter to Plaintiffs Complaint this date by depositing
a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania,
addressed as follows:
Lee C. Swartz, Esq.
Tucker Arensburg
111 N. Front Street
P.O. Box 889
Harrisburg, PA 17108
WIX, WENGER & WEIDNER
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SEAN M. VERNON,
Plaintiff
IN THE COURT OF CO MON PLEAS OF
CUMBERLAND COUN ,PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-1770
v.
ROBERT L. BROWN and
PATRICIA BROWN, his wife,
Defendants
JURY TRIAL DEMAND D
PLAINTIFF'S OBJECTIONS TO DEFENDANTS' INTER OGATORIES
1. Plaintiff objects to Defendants' interrogatory number 2, on the basis that it is
overbroad, intrusive, unreasonable, unspecific and will not relate to di coverable evidence.
2. Plaintiff objects to Defendants' interrogatory number 1 ,on the basis that it will
not lead to discoverable evidence.
By:
rtz, Esq Ir
Attorney 1.0. #fJ7 8.
111 North Front S reet
P.O. Box 889
Harrisburg, PA 1 108-0889
(717) 234-4121
ATTORNEYS FO PLAINTIFF
-
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CERTIFICATE OF SERVICE
AND NOW, this '"3, \ ~+- day of May, 2006, I, LEE C. SW TZ, hereby certify that I
have this day served the within Objection by depositing a copy of the s me in the United States
Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as folio s:
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
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SEAN M. VERNON,
IN THE COURT OF CO MON PLEAS OF
CUMBERLAND COUN ,PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
v.
NO. 06-1770
ROBERT L. BROWN and
PATRICIA BROWN, his wife,
Defendants
JURY TRIAL DEMANDE
PLAINTIFF'S REPLY TO NEW MATTER
11. Denied. On the contrary, it is averred that this action as instituted by a Writ of
Summons which was filed and served prior to the running of the appli able statute of limitations.
12. This paragraph states a conclusion of law which requir s no answer and the
averment contained therein is specifically denied.
13. This paragraph states a conclusion of law which requir s no answer and the
averment contained therein is specifically denied.
14. This paragraph states a conclusion of lawwhich requir s no answer and the
averment contained therein is specifically denied.
WHEREFORE, Plaintiff requests that Defendant's New Matter be stricken.
TUCKER ARENS ERG, P.C.
By: (;
ee C. Sw rtz, E
Attorney I.D. #072 8
111 North Front St eet
P.O. Box 889
Harrisburg, PA 17 08-0889
(717) 234-4121
ATTORNEYS FO PLAINTIFF
.
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VERIFICATION
I, Lee C. Swartz, attorney for the Plaintiff in the within action, ake this verification on
behalf of the Plaintiff, as the matters are procedural or refer to matter within the knowledge of
counsel, and affirm that the facts set forth in the foregoing Reply to N w Matter are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made ubject to penalties of 18
Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Dated:
S-hll D6
Lee . Swartz
,2006
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CERTIFICATE OF SERVICE
AND NOW, this 3 / ~r day of May, 2006, I, LEE C. SWA Z, hereby certify that 1
have this day served the within Reply to New Matter by depositing a co y of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed a follows:
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2006-01770 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VERNON SEAN M
VS
BROWN ROBERT L 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
BROWN ROBERT L
the
DEFENDANT
, at 1626:00 HOURS, on the 29th day of March
, 2006
at 3850 SULLIVAN STREET
MECHANICSBURG, PA 17055
by handing to
ROBERT BROWN
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
18,00
11,44
.39
10,00
.00
39.80( 03/30/2006
TUCKER ARENSBERG
so.;;~~~<~
R, Thomas Kline
Sworn and Subscribed to before
By:
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- Deputy Sheriff
Ie ~
me this _-,
day of
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A.D,
Prothonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01770 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VERNON SEAN M
VS
BROWN ROBERT L 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
BROWN PATRICIA
the
DEFENDANT
, at 1626:00 HOURS, on the 29th day of March
, 2006
at 3850 SULLIVAN STREET
MECHANICSBURG, PA 17055
by handing to
ROBERT BROWN,
ADULT IN CHARGE
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
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J.o-t0-
day of
6.00
.00
.00
10.00
,00
16,00(\"",03(30(2006
'4 TUCKER ARENSBERG
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{?;puty Sher~
So Answers:
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R, Thomas Kline
Sworn and Subscribed to before
By:
me this
A.D.
Prothonotary
SEAN M. VERNON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1770
ROBERT L. BROWN and
PATRICIA BROWN,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Richard H. Wix, ESQuire, counsel for the Defendants in the above action, respectfully requests that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $12,000.00.
The counterclaim of the defendant in the action is none.
The following attorneys are interested in the case(s) or are otherwise disqualified to sit as arbitrators:
Richard H. Wix. ESQuire and Lee C. Swartz, ESQ.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Respectfully submitted,
%~ H L)(
Richard H. Wix, Esq., ID# 07274
(717) 652-8455
ORDER OF COURT
AND NOW I
, 2006, in consideration of the foregoing petition,
, Esq., , Esq" and
, Esq., are appointed arbitrators in the above captioned action (or
actions) as prayed for.
By the Court,
P.J.
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CERTIFICATE OF SERVICE
AND NOW, this 11th day of September, 2006, I, Gaye Crist, an employee of
the firm of Wix, Wenger & Weidner, attorneys for Defendants, hereby certify that I served
the within Praecipe for Appointment of Arbitrators this date by depositing a copy of same
in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as
follows:
Lee C. Swartz, Esq.
Tucker Arensberg
111 N. Front Street
P.O. Box 889
Harrisburg, PA 17108
WIX, WENGER & WEIDNER
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1770
SEAN M. VERNON,
Plaintiff
ROBERT L. BROWN and
PATRICIA BROWN,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Richard H. Wix, Esquire, counsel for the Defendants in the above action, respectfully requests that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $12.000.00.
The counterclaim of the defendant in the action is none.
The following attorneys are interested in the case(s) or are otherwise disqualified to sit as arbitrators:
Richard H. Wix. Esquire and Lee C. Swartz. Esq.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Respectfully submitted,
~~.rvl tl l0(
Richard H. Wix, Esq., 10# 07274
(717) 652-8455
ORDER OF COURT
;l ,2006, in consideration of the foregoing petition,
,Esq., ~ (}. aJ~ ,Esq., and
, Esq., are appointed arbitrators in th above captioned action (or
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Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.~ - I ~ '1 tJ
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pl\{-(Jt(~ 'Ut'7:'W,J Defendant
Oath
We do solemnly swear (or affinn) that we will support, obey and defend the Constitution of the United
wia e Constitution of this co~~at we will discharge the duties of our office
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Signature
Ack M -r W" r te
Name
5,d"'l.{l'\,IWN }~4~j PL
Law Firm
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Address S vi*' .1-
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City, Zip
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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.)
Date of Hearing: I ( / I'-{ ( Ob
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Date of Award: Itlfll /0 ~
Now, the Ls:;-tft day of NoVemMr ,20 1>i4 , at ID;fj:1. ,-A..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: $ 119D. DO
(]~ Proili~omry
By:
Deputy
SelvJ fYl. V(rNO,J
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.~- 1'1'10
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p~{-r)U~ 1)rl'W,J Defendant
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
w: e Constitution of this COzth ~at we will discharge the duties of our office
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Signature
AcJq M -r wi" r te
Name
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Law Firm
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Address S" i ~ ,j..
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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.)
Zip
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City, Zip
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Date of Hearing: I ( / Ie.{ (0"
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Date of Award: It Irq 10 "
( Chairman)
Now, the /'1)"'" day of NovembP-r ,2061.4 , at /f):tJa , ~.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: $ t9.9D. DD
(J~ Proiliooomry
By:
Deputy
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1770
SEAN M. VERNON,
Plaintiff
ROBERT L. BROWN and
PATRICIA BROWN,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter as settled and discontinued.
TUCKER ARENSBERG, P.C.
Dated: '/5/l:;fl
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