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HomeMy WebLinkAbout06-4014GLENN GARLICK and JOAN GARLICK, his wife, Plaintiffs V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- `ryJ/Y CIVIL TERM PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, HAYES K. KLINE and JOYCE E. KLINE, and enter my appearance on behalf of the plaintiffs, GLENN GARLICK and JOAN GARLICK. Please direct the Sheriff to serve the defendant as follows: HAYES K. KLINE JOYCE E. KLINE 120 DORWOOD DRIVE CARLISLE, PA 17013 July 13, 2006 Respectfully submitted, IRWIN & Marc A. McK t, quire 60 We Pomfre treet, Carlisl , PA 17013 (717) 249-2353 Supreme Court D. No: 25476 To: HAYES K. KLINE and JOYCE E. KLINE You are hereby notified that Glenn Garlick and Joan Garlick, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. 0 PROTHONOTARY By: t L (4 DEPU Dater / ?, 2006 2 ?V -G { RI 'a if oil CASE NO: 2006-04014 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARLICK GLENN ET AL VS KLINE HAYES K ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KLINE HAYES K the DEFENDANT , at 1907:00 HOURS, on the 24th day of July , 2006 at 190 DORWOOD DRIVE CARLISLE, PA 17013 HAYES K KLINE by handing to 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: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 32.79./ 07/25/2006 g/-2d`o4 C-;,, MARCUS MCKNIGHT Sworn and Subscibed to By: - - /Z ?/? before me this day eputy Sheriff of A.D. 1' N SHERIFF'S RETURN - REGULAR CASE NO: 2006-04014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARLICK GLENN ET AL VS KLINE HAYES K ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KLINE JOYCE E the DEFENDANT , at 1907:00 HOURS, on the 24th day of July 2006 at 190 DORWOOD DRIVE CARLISLE, PA 17013 HAYES K KLINE by handing to HUSBAND 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 s!o Sworn and Subscibed to By: ///",Z- before me this day Deputy Sher ff of A.D. Surcharge 10.00 R. Thomas Kline .00 16.00,/ 07/25/2006 9/? G A MARCUS MCNIGHT *I M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term V. PRAECIPE FOR APPEARANCE HAYES K. KLINE and (Jury Trial Demanded) JOYCE E. KLINE, his wife, Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14979 O • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term v. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendants, Hayes K. Kline and Joyce E. Kline, his wife, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &>SKEEL, L.LR. By: Kevin D. Rauch, Esquire Counsel for Defendants f CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18th day of October, 2006. Marcus A. McKnight, 111, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P._ By: e 'n D. Rauch, Esquire Counsel for Defendants C ?r ^ ?r • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term V. PRAECIPE FOR RULE TO FILE COMPLAINT HAYES K. KLINE and JOYCE E. KLINE, his wife, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDO GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14979 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS LVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Glenn Garlick and Joan Garlick, his wife, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,SKEEL, L.L.P. By: W]VJLI I--,- evi . Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18th day of October, 2006. Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendants C ? - Y ? - '' m 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. (Jury Trial Demanded) RULE AND NOW, this day of 2006, upon consideration of Defendants' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of ??_ , 2006. r tho ary r*3 c::::, cf? GLENN GARLICK and : IN THE COURT OF COMMON PLEAS OF JOAN GARLICK, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 46lµ V. NO. 2006 --04-14 CIVIL TERM HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants 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, order 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 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 GLENN GARLICK and : IN THE COURT OF COMMON PLEAS OF JOAN GARLICK, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2006 - 0414 CIVIL TERM HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants COMPLAINT AND NOW, this 27th day of October 2006, come the Plaintiff, GLENN GARLICK and JOAN GARLICK, his wife, by their attorneys, Irwin & McKnight, and makes the following Complaint against the Defendants, HAYES K. KLINE, and JOYCE E. KLINE: 1. The Plaintiffs are Glenn Garlick and Joan Garlick, his wife, who reside 512 Chickadee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendants are Hayes K. Kline and Joyce E. Kline, his wife, who reside at 120 Dorwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On July 22, 2004, at approximately 3:00 p.m., the Plaintiff, Glenn Garlick, was operating his 1999 Dodge Intrepid eastbound on the Route 74. He was stopped a red traffic signal at Fairview Street in South Middleton Township. The Plaintiff, Joan Garlick, was a passenger in the front seat of the vehicle. 3 4. The collision occurred as the Plaintiff s vehicle was stopped in a line of traffic. The Defendant, Joyce E. Kline, failed to stop as she approached the red traffic signal and struck the Plaintiffs vehicle from behind. 5. The force of the impact caused the Plaintiff s vehicle to travel forward striking the vehicle stopped in front of The Plaintiffs vehicle. 6. The force of the collision caused severe damage to the Plaintiffs vehicle. 7. The Plaintiff, Glenn Garlick, sustained injuries to his neck and back. 8. The Plaintiff, Joan Garlick, sustained injuries to her neck and back. 9. The injuries sustained by the Plaintiffs was caused by the negligence and careless actions of the Defendant, Joyce E. Kline. 10 The Defendant, Joyce E. Kline, was cited for careless driving. 4 11. The Defendant, Joyce E. Kline, was negligent and careless as follows: a. She failed to maintain her vehicle under proper control in an effort to avoid a collision; b. She was operating her vehicle in an unsafe and careless manner; C. She was not paying attention to traffic on the highway and may have been using a cell phone at the time of the collision; d. She was operating her vehicle reckless manner by travelling too fast for conditions; e. She failed to provide any warning of the pending collision to the Plaintiff; and f. She failed to stop at the traffic signal which was red at the time of the collision. 12. The negligent actions of the Defendant, Joyce E. Kline, were the proximate cause of the injuries to the Plaintiffs, Glenn Garlick and Joan Garlick. 13. The Plaintiffs, Glenn Garlick and Joan Garlick, seek compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses they will incur in these areas. 14. The Plaintiffs seek compensation for the medical expenses which they have incurred and may incur in the future to treat their injuries which occurred as a result of the injuries they sustained in the accident. 5 15. The Defendant, Hayes K. Kline, was an owner of the vehicle driven by Joyce E. Kline. At the time of the accident, the Defendant, Joyce E. Kline, was acting on behalf of the Defendant, Hayes K. Kline, making him liable for her negligent actions. WHEREFORE, the Plaintiffs, Glenn Garlick and Joan Garlick, his wife, requests compensation and damages from the Defendant in the amount in excess of Thirty-Five Thousand and no/100 ($35,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN,& MCKINIGHT By: M cu cK?"g?rt, III, Esquire 60 est Po ret Street Car isle, Penn ylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs Date: October 27, 2006 6 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statemen-ts made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. GLENN GARLICK v av, ga,&l J N GARLICK Date: October 27, 2006 8 GLENN GARLICK and JOAN GARLICK, his wife, Plaintiffs V. . HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 0414 CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 IRWIN & McKNIGHT 60 Wtreet By: MarcrPA17013 ght'7- Carlis (717) Supreme Cour t I.D. No. 25476 Date: October 27, 2006 7 ?F) r? -n Cl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and JOAN GARLICK, his wife, Plaintiffs, CIVIL DIVISION NO. 2006 - 4014 Civil Term V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereo?o aigdgment Stfmrr f -ffcDonnell, Hudock, Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14979 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term V. (Jury Trial Demanded) HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. ANSWER AND NEW MATTER AND NOW, come the Defendants, Hayes K. Kline and Joyce E. Kline, his wife, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and file the following Answer and New Matter and in support thereof aver as follows: 1. After a reasonable investigation, the Defendants are without information sufficient to form a belief as to the truth or falsity of the allegations of paragraph 1, and therefore said allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part, denied in part. It is admitted that the Defendants are Hayes K. Kline and Joyce E. Kline, his wife. It is denied that the Defendants reside at 120 Dorwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. The Defendants reside at 190 Dorwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that a collision occurred between the parties' respective vehicles on the date, time, and location of the subject accident. The remaining allegations are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that a collision occurred between the parties' respective vehicles on the date, time, and location of the subject accident. The remaining allegations are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that a collision occurred between the parties' respective vehicles on the date, time, and location of the subject accident. The remaining allegations are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Admitted in part, denied in part. It is admitted that the Defendant, Joyce Kline, was negligent in the operation of her motor vehicle on the date, time, and location of the subject accident. The remaining allegations of paragraph 9 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof is demanded at the time of trial. 10. Admitted. 11. Admitted in part, denied in part. It is admitted that the Defendant, Joyce Kline, was negligent in the operation of her motor vehicle on the date, time, and location of the subject accident. The remaining allegations and subparts of paragraph 11 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Admitted in part, denied in part. It is admitted that the Defendant, Hayes K. Kline, was an owner of the vehicle being driven by Joyce E. Kline at the time of the accident. It is specifically denied that Joyce E. Kline was acting on behalf of Hayes K. Kline. Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendants, Hayes K. Kline and Joyce E. Kline, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and the Defendants assert, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 17. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 18. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then the Defendants set forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 19. The Defendants plead any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, the Defendants, Hayes K. Kline and Joyce E. Kline, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & S,KEEL, L.L.P. ,-) By: / K vin D. Rauc , Esquire Counsel for Defendants VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: - ?? Ha es K. Kline #14979 VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: I ? - yy yce E. Kline #14979 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been ma' ed by U.S. it to counsel of record via first class mail, postage pre-paid, this day of 11' " , 2006. Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEJEL, L.L.P. /7 By: Ke\6n D. Rauch, Esquire Counsel for Defendants N r r f i , , J-n ri- C cr) t ! 't ? r- ?_ ' WC r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term V. PETITION FOR APPOINTMENT OF ARBITRATORS HAYES K. KLINE and JOYCE E. KLINE, his wife, Jury Trial Demanded) Defendants. ( Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14979 s! 0. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and JOAN GARLICK, his wife, Plaintiffs, V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. CIVIL DIVISION NO. 2006 - 4014 Civil Term (Jury Trial Demanded) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John Lucy, counsel for the Defendants in the above-referenced action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in this action is for personal injuries in an amount above the compulsory arbitration limits plus costs, interest, and all other relief; however, all parties have agreed to submit this matter to arbitration for a possible alternative dispute resolution. 3. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: N/A. WHEREFORE, your Petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendants W? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21St day of May, 2008. Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: p 0,4, ( ? kz-- D. Rauch, Esquire Counsel for Defendants (? ? n C.) -TI F O ?V O ?J N : Fri . (j 1 "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and JOAN GARLICK, his wife, Plaintiffs, V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. ORDER AND NOW, this foregoing petition, and CIVIL DIVISION NO. 2006 - 4014 Civil Term (Jury Trial Demanded) day of , 2008, in consideration of the Esquire, Esquire, and arbitrators in the above-captioned action as prayed for. Esquire, are appointed BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN GARLICK and CIVIL DIVISION JOAN GARLICK, his wife, Plaintiffs, NO. 2006 - 4014 Civil Term V. (Jury Trial Demanded) HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants. ORDER AND NOW, this o day of , 2008, in consideration of the foregoing petition, 01- I LIAA" 1? ,Esquire, and 1) a "4-o arbitrators in the above-captioned action as prayed for. Esquire, and Esquire, are appointed BY TH OU J. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 1 - es /n.5t LfCL >- c r) C\j L U .. -.?; t- 'i Cl. U- C) cra C cv ,,) GLENN GARLICK and JOAN GARLICK, his wife, Plaintiffs V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0(0- 4oly NO. "06--0414 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued. Respectfully submitted, IRWIN & KNIGHT l? By: G" Marcus . Mc , I, Esquire 60 Wes et Street isle, Pennsylvania 17013 (717) 249-2353 Date: September 12, 2008 GLENN GARLICK and JOAN GARLICK, his wife, Plaintiffs , V. HAYES K. KLINE and JOYCE E. KLINE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 0414 CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: JOHN LUCY, ESQUIRE SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 MUMMA ROAD LEMOYNE, PA 17043-1145 IRWIN & , By: Marcusto*mfret McKnig Or4 60 West S eet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: September 12, 2008 I Y C-n ( -,? GLENN GARLICK AND JOAN GARLICK, his wife, PLAINTIFFS V. HAYES K. KLINE AND JOYCE E. KLINE, his wife, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-4014 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. William A. Duncan, Esquire, Chairman, shall be paid the sum of $50.00. By the William A. Duncan, Esquire Court Administrator :sal 1,y M-JLsk V-19106 ??-,-- I I Edgar B. Bayley, J. C-? >- N LO ?JCL