HomeMy WebLinkAbout02-3814COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICI~d. DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is gi~sfl that the appellant has filed in the above Court of Common PSeas an _~,3~eal from the judgment rendered by the District Justice an the
date and in the case menfianed belo~
C_~?~I ~utors Co££~rati~ c/o Erfn ~or~nz, Es~e
c~Y
600 Grant SL~et~ 44th Floor
Pittsburgh
Hon. ~c~n~s A. Placey
PA 15219
~ C~=ra! Motors ~rati~
LT
~ ~ will ~ ~ ONLY ~n this ~m~ is ~uimd u~ P~ R~3R ~ M ~1~ ~ OLA~A~ (S~ ~. ~.C.RJ.R NO.
1~8K t~? ( ~ ) in ~i~ ~ ~ie~ ~iee, ~ ~ST
~ ~ of A~I, ~ ~ by ~ ~sff~t Jus~e, will ~ ~ a
~ER~S ~ ~ j~ ~ ~s~ in ~is case FILE A COMPLAINT within ~y [20) ~ aft~
filing his ~TICE of A~EAL
S~ of ~t~y ~ ~ty
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(THis section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, de~ch from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon A~_thC~¥ LePore , appdlee(s), to file a ccxnpkzint in this appeal
/.). ~__r
(Commo. Piece No '/~2- _.q.~)lZ./ L_',~'LI, IE. AF~within twenty (20) days ,m~, servic,e of ~mle or ,.yffe, entry of judgment of non ~
RULE= To Anthony LePore , am~lee(s~
Name o~ appeaee~s)
(i) You are notified that a rule is hereby entered upon you to file a complainf in this appeal within twenty (20) days after ~ date of
smvice of this rule upon you by personal sen, ice or by cmtified or registered mai[
(2) If you do not file a complaint within this time, a JUDC-,-,-,-,-,-,-,-,~NT OF NON PROS WILL BE ENTERED AGAINST YOU.
{3) The date of service of this rule if service was by mail is the date of mailir~ _ .~ ,..
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 3'12-g0
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WiTHIfV TEl,,/ (10) DAYS AFTER filing the ~7otice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; SS
AFFIDAVIT: t hereby' swear or affirm that I served
a copy of the Notice ct Appeal. Common Pleas No, , upon the District Justice designated there n ct:
[] (date of service) _ '_.. _~_ ;~__,ii~i..i..i"~ t~-pe}~i~'s~r~ice [] by (certified) (registered) mail, senders
receipt attached'~ei~{o ~nd upon {~ ~,ii~'~, ,i;~am;~ilj" ' on
Fa by persona[ sen,,i~;~E~-b~
[] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on
mail, sender's receipt attach~j~ei~i ~ by persona service ~ by (certifed) (reg stered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ........... DAY OF ..........
08:53 FAX
ECKERT SEA~iANS
~]002
tO'TlC~
t~
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WiTHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY or ~ ~ ~ ~ ~ ; ss
AFFIDAVIT: I hereby swear or affirm that I served
~ copy of the Notice_of Appeal., C. om.~_ on Pleas No. ~ ~' ,.~_)__~ upon the District Justice designated therein on
(date of service) ~ ~,~/'-~:~~..;~;;~, ., [] by personal service .~by (certified) (registered) mail, sender's
receipt attache, d..hereto~a_nd upon the appellee, (name), , on
~~,~/- ~.., ,=~ OC) .,=~.. [] by personal service.[~'~y (certifif~d)(regi~'tered)mail,'~'~(~eipt att~f~-h-ereto.
4::~and tfrther that I served the R.ule to File a Com21aint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ~~__.~ ~OO,=~_..~ [] by personal service ~ by (certified) (registered)
mail, sender's receipt attached here'to. .
SWORN(AFFIRMED) AND SU.~RIBED BEFORE ME
THIS ~ ....... DAY O~, _~_¢7~
-~ii)~ ~i o~f~.i~I ~ ............................
Erin
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
L. Lc,renz - Lei'ore v. GM
~1~ J ".=ipl~'lf'~ N. me release Print Clea~y) (to be completed by mailer) I
~ I ~tr~t~t. ~0~ or Pq ~ox ~ -- -- I
~[zuuu ~o=~ ~egze~ ~t~e~ue .................... j
Erin L. Lorenz - LePore v. GM
Postage _$ ~
Cedffied Fee _ ~/~Postm.a~
Return Receipt Fee ~
(Endorsement Required) ~' / _H~c'f,.,~ ~'¢---,\
Restricted Delivery Fee- ~ ~'~,,.; ~ ~ )ZI
(Endorsement Required) ~-~ -~ ~/
Isr~f ~t, No.; o~ ~0'~.- ......................................... H
~1_~o4 s. S~orting ~i[1 Road I~
'ETi~' ~¢$,'~/F;Z .....................................................................
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANTHONY LEPORE )
)
Plaintiff, )
)
v. )
)
GENERAL MOTORS CORP. )
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
ARBITRATION MATTER
Civil Action No.: 02-3814
PRAECIPE FOR APPEARANCE
Filed on behalf of:
GENERAL MOTORS CORPORATION
Counsel of Record for This Party:
Daniel B. McLane
PA I.D. No. 77019
Erin L. Lorenz
PA I.D. No. 86539
Eckert Seamans Cherin &
Mellott, LLC
Firm I.D. #075
600 Grant Street, 44t~ Floor
Pittsburgh, PA 15219
{10637094.1}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANTHONY LEPORE
Plaintiff, )
)
v. )
)
GENERAL MOTORS CORP. )
)
Defendant. )
Civil Action No.: 02-3814
PRAECIPE FOR APPEARANCE
TO: Prothonotary, Cumberland County
Kindly enter the appearance of Erin L. Lorenz and Daniel B. McLane, Eckert Seamans
Cherin & Mellott, LLC on behalf of defendant, General Motors Corporation in the above-
captioned matter.
Respectfully submitted,
Erin L. Lorenz ~ ~
Pa. I.D. No. 86539
Daniel B. McLane
I.D. No. 77019
Eckert Seamans Cherin & Mellott, LLC
600 Grant Street, 44t~ Fl.
Pittsburgh, PA 15219
(412) 566-6000
Attorneys for General Motors Corporation
Dated: August 14, 2002
{J0637094.1}
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR
APPEARANCE has been served upon the following counsel of record by U.S. first class mail,
postage prepaid, this 14th day of August, 2002:
John M. Silvestri, Esq.
1000 North Negley Avenue
Pittsburgh, PA 15206
Erin
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANTHONY LEPORE,
Plaintiff,
V.
GENERAL MOTORS,CADILLAC MOTOR
DIVISION,
Defendant.
CIVIL DIVISION
NO. 02-3814
COMPLAINT IN CIVIL ACTION
Filed on behalf of
ANTHONY LEPORE, Plaintiff
Counsel of Record for this
Party:
JOHN M. SILVESTRI, ESQ.
Pa. I.D. No. 21479
JOHN M. SILVESTRI, ESQ.
Firm No. 618
1000 North Negley Avenue
Pittsburgh, PA 15206
(412) 391-0958
No. 02-3814
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 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 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:
LAWYER REFERRAL SERVICE
THE CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717)249-3166
COMPLAINT
1. Plaintiff is an individual who resides in Carlisle,
Pennsylvania.
2. Defendant is a corporate entity marketing vehicles in
Cumberland County with office facilities, manufacturing facilities
and distribution facilities located throughout the United States,
including locations of such facilities in Pennsylvania.
3. On 5/1/2000, as Plaintiff's vehicle, a 1999 Cadillac
DeVille, vehicle identification number 1G6KD54Y7XU734599, was being
operated on Carlisle Pike (Route 11) South in the vicinity of Kohl's
Department Store and Lawrence Chevrolet in Cumberland County, debris
from the roadway was kicked up to the under carriage of the vehicle
Page -2-
No. 02-3814
by the front tire, which caused the air bag to improperly deploy,
thereby causing an accident.
4. The damages from said accident required repairs to
said vehicle in the sum of $3,004.08.
5. Said vehicle was manufactured by Defendant.
6. Said vehicle was distributed by Defendant.
7. Said vehicle was the subject of an August 11, 2000
recall for inadvertent deployment of driver or passenger side air
bags.
8. Defendant is liable for the damages in tort under a
theory of strict liability.
9. Defendant is liable for the damages in tort under a
theory of negligence because Defendant (a) negligently selected said
air bag as a component part and/or designed its installation such
that this component part would not appropriately function, and/or
(b) negligently installed said air bag, and/or (c) negligently
failed to do an air bag installation as was eventually done on
recall, and/or (d) negligently failed to promptly investigate
reported or known-problems with air bags and give a more timely
notice of the need for recall work prior to May of 2000.
10. Defendant is liable for the damages in assumpsit
under a theory of breach of express warranties and implied
warranties of merchantability and fitness.
Page -3-
No. 02-3814
WHEREFORE,.Plaintiff requests judgment against Defendant
in a sum not exceeding $10,000 plus costs.
Respectfully Submitted,
CERTIFICATE OF SERVICE
I certify that on March 19, 2003, a copy of the
foregoing was served upon the person(s) set forth below at the
address(es) set forth for each by first class mail
DANIEL B. McLANE, ESQ.
ECKERT SEAMANS CHERIN & MELLOT, LLC
600 GRANT STREET; 44TM FLOOR
PITTSBURGH, PA 15219
(counsel for defendant)
VERIFICATION
I, JOHN M. SILVESTRI, ESQ., as Retained Counsel for
Allstate Insurance Company, subrogee of Plaintiff, am authorized on
behalf of Allstate Insurance Company, as the real party in interest,
to state upon personal knowledge or information and belief that the
averments set forth in the Complaint are true.
I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: March 19, 2003
Page -3-
ANDREW S. LORENZ,
PLAINTIFF
V.
MELISSA L. LORENZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 02-3814
CIVIL ACTION -LAW
PETITION TO MAKE RULE ABSOLUTE
AND NOW, COMES Richard C. Gaffney, Esquire and SMIGEL, ANDERSON & SACKS
(individually and collectively referred to herein as "Attorney"), counsel of record for the
Defendant/Respondent, Melissa Lorenz (hereinafter "Client"), who petition this Honorable
Court under Pa.R.Civ. P. Rule 1012 for leave to withdraw appearance as counsel, and who,
in support thereof, aver the following:
On November 19, 2003, Attorney filed a Petition to Withdraw Appearance. A
time stamped copy of the Petition is attached hereto as Exhibit A.
On November 19, 2003, Attomey served a true and correct copy of the Petition on
Respondent. Attorney's Certificate of Service is attached hereto as Exhibit B.
On November 21, 2003, this Honorable Court issued an Order and Rule on
Respondent, Client, to show cause why Attorney should not be allowed to
withdraw appearance as counsel for Client. A true and correct copy of the Order
and Rule is attached hereto as Exhibit C.
The Rule was returnable in 10 days.
Ten days after service of the Rule was December 1, 2003.
More than 15 days have elapsed since service of the Order and Rule on the
Respondent.
On December 11, 2003, Attomey called the Prothonotary's office to verify that
Client did not file an Answer. Respondent has failed to file an Answer to the
Rule within the time allowed by the Rule.
Pursuant to PA.R.C.P. 206.7 (Procedure after a Rule to Show Cause), if an
Answer is not filed, all averments of fact in the petition may be deemed admitted
and the Court shall enter an appropriate Order.
Client's case will not be prejudiced by Attorney's withdrawal from the case.
WHEREFORE, Counsel for the Plaintiff prays this Honorable Court to make the
Rule Absolute and grant Attorney Leave to Withdraw Appearance.
Respectfully submitted,
Richard C. Gaffney, Esquire
Supreme Court I.D. No. 63313
Smigel, Anderson, & Sacks
4431 North Front Street
Harrisburg, PA 17110
Telephone: 717.234.2401
ANDREW S. LORENZ,
PLAINTIFF
MELISSA L. LORENZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCICET NO. 02-3814
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on December]_]_, 2003 the attached Petition to
Mark Rule Absolute was served on the Respondent, Melissa Lorenz, in accordance with
Pennsylvania Rules of Civil Procedure by postage prepaid United States Certified Mail, at the
following address:
Melissa Lorenz
101 South Locust St.
Camp Hill, PA 17011
And also on counsel for the Plaintiffat the following address:
Jennifer L. Lehman, Esquire
PO Box 6130
27 South Arlene Street
Harrisburg, PA 17112-0130
Paralegal-for Richard C. Gaffney, Esquire
EXHIBIT A
ANDREW S. LORENZ, .'
PLAINTIFF :
V.
MELISSA L. LORENZ, :
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 02-3814
CIVIL ACTION -LAW
ORDER
AND NOW, this __ day of November 2003, a Rule is issued upon the
Defendant, Melissa Lorenz, to show cause why the r¢lie£ sou§hr in the attached Petition
to Withdraw Appearance should not be granted. Rule Returnable __ days after
service.
BY THE COURT:
,J.
ANDREW S. LORENZ
PLAINTIFF
MELISSA L. LORENZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 02-3814
CIVIL ACTION -LAW
PETITION TO WITHDRAW APPEARANCE
AND NOW, COMES Richard C. Gaffney, Esquire and SM1GEL, ANDERSON AND
SACKS, LLP (individually and collectively referred to herein as "Attorney"), counsel of record
for the Defendant/Respondent, Melissa Lorenz (hereinafter "Client"), who petitions this
Honorable Court under Pa.R.Civ. P. Rule 1012 (b) for leave to withdraw appearance as
counsel, and who, in support thereof, aver the following:
1. Attorney and Client have developed significant philosophical differences
related to matters concerning the prosecution and handling of the case.
2. At this point in the attorney-client relationship, it is impossible for Attorney to
adequately represent Client's interests.
3. Neither of the parties will be prejudiced by Attorney's withdrawal from this
case.
4. Attorney contacted Client and Client does not oppose said Petition to
Withdraw Appearance. See, Exhibit A, Client's Authorization to Withdrawal
of Counsel.
Attorney contacted Counsel for the plaintiff, Jennifer Lehman, Esquire, and
Plaintiff's counsel consented to Attorney Withdrawal of Appearance. See,
Exhibit B.
WHEREFORE, Attorney respectfully prays this Honorable Court for leave to
withdraw appearance in the above-captioned action.
Respectfully submitted,
Richard C. Gaffney, Esquire
Supreme Court I.D. No. 63313
SMIGEL, ANDERSON, & SACKS
4431 North Front Street
Harrisburg, PA 17110
(717) 234.2401
ANDREW S. LORENZ,
PLAINTIFF
V.
MELISSA L. LORENZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 02-3814
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on November 17, 2003 the attached Petition to
Mark Rule Absolute was served on the Respondent, Melissa Lorenz, in accordance with
Pennsylvania Rules of Civil Procedure by postage prepaid United States Certified Mail, at the
following address:
Melissa Lorenz
101 South Locust St.
Camp Hill, PA 17011
And also on counsel for the Plaintiff at the following address:
Jennifer L. Lehman, Esquire
PO Box 6130
27 South Arlene Street
Harrisburg, PA 17112-0130
'X-'~y ~. ~hug~s-C0~] ~
Paraleg'a'l for RicharWC. Gaffney, Esquire
ANDREW S. LORENZ,
PLAINTIFF
V
MELISSA L. LORENZ,
DEFENDANT,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
C^SE NO. 02-3814
CIVIL ACTION - LAW - IN DIVORCE
AUTHORIZATION FOR WITHDRAWL OF COUNSEL
AND NOW, this ~,%'" day of October 2003, the undersigned, Melissa L. Lorenz,
hereby authorizes her counsel of record, Richard C. Gaffney, Jr., MBA, Esquire and
Smigel, Anderson & Sacks, LLP to withdraw as counsel in. the above-captioned matter..
Respectfully submitted,
Melissa L. Lorenz, Plaintiff
Jennifer L. Lehman
Attorney at Law
November 11, 2003
Richard C. Gaffney, Esquire
Smigel, Anderson & Sacks
4431 North Front Street
Harrisburg, PA 17110
RE: Andrew S. Lorenz v. Melissa L. Lorenz
No. 02-3418, In Divorce
Dear Richard:
I will not oppose your Petition to withdraw your appearance. Nonetheless, I would
appreciate if your client would respond to my letter of June 5, 2003, along with the enclosed
proposed Agreement.
If we do not hear from her by December 15, 2003, we will have no choice but to file for a
divorce master. As I am sure you have made her aware, the process of going through the divorce
master will just cause additional expenses to both parties, neither of which have the money to
exercise that option. It would be a shame to see money going for attomeys' fees when it could
be utilized for the payment of the joint debt or current living expenses. Unfortunately, your
client's inaction has left my client with no choice but to do this, as an economic resolution is
necessary, prior to a divorce.
I await your Petition along with a response from your client.
Sincerely,
.?
Jennifer L. Lehman
JLL:lsf
cc: Andrew S. Lorenz
P.O. Box 6130 · g 7 South Arlene Street · Harrisbur$, PA 17112-0130 · 717-671 - 1200 · telecoplkr 717-871-~JGO1
EXHIBIT B
ANDREW S. LORENZ,
PLAINTIFF
MELISSA L. LORENZ,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET No. 02-3814
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on November 17. 2003 the attached Petition to
Mark Rule Absolute was served on the Respondent, Melissa Lorenz, in accordance with
Pennsylvania Rules of Civil Procedure by postage prepaid United States Certified Mail, at the
following address:
Melissa Lorenz
101 South Locust St.
Camp Hill, PA 17011
And also on counsel for the Plaintiffat the following address:
Jennifer L. Lehman, Esquire
PO Box 6130
27 South Arlene Street
Harrisburg, PA 17112-0130
(~f~ny L( ~h u g a~s - C 0 ~ k]
Paraleg'al for RicharcVC. Gaffney, Esquire
EXHIBIT C
ANDREW S. LORENZ,
PLAINTIFF
MELISSA L. LORENZ, :
DEFENDANT :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 02-3814
CIVIL ACTION -LAW
ORDER
AND NOW, this/~day of November 2003, a Rule is issued upon the
Defendant, Melissa Lorenz, to show cause why the relief sought in the attached Petition
to Withdraw Appearance should not be granted. Rule Returnable ](~) days after
service.
BY THE COURT:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANTHONY LEPORE,
Plaintiff,
GENERAL MOTORS,CADILLAC MOTOR
DIVISION,
Defendant.
CIVIL DIVISION
NO. 02-3814
PRAECIPE TO DISCONTINU~ WITH
PREJUDICE
Filed on behalf of
ANTHONY LEPORE, Plaintiff
Counsel of Record for this
Party:
JOHN M. SILVESTRI, ESQ.
Pa. I.D. No. 21479
JOHN M. SILVESTRI, ESQ.
Firm No. 618
1000 North Negley Avenue
Pittsburgh, PA 15206
(412) 391-0958
No. 02-3814
P~AECIPETODISCONTIN~ENITH P~EJUDICE
TO PROTHONOTARY:
Kindly discontinue the above Action with Prejudice.
Respectfully Submitted,
J~ ~. SILVESTRI, ESQ.
CE~XFICAT~ OF
I certify that on ~- ~
foregoing was served upon the person(s)
address(es) set forth for each by:
.~ first class mail
fax
· 20 03, a copy of the
set forth below at the
hand delivery
e-mail
Brad A. Funari, Esq.
ECKERT SEAMANS CHERIN & MELLOT
U.S. Steel Tower
600 Grant Street
44TM FLOOR
Pittsburgh, PA 15219
(Counsel for General Motors
Corporation)
Page -2-