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HomeMy WebLinkAbout02-4399 MELANIE W ALZ SCARING! and MARC A. SCARINGI, Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION - LA WQ, . C'--r- : NO. ~ - JfJi'i 10\ cO l~ : JURY TRIAL DEMANDED DENNIS P. DITMER, Defendant NOTICE 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty AvenueCarlisle, PA 17013 (717) 249-3166 248804.11MMMlLCl MELANIE W ALZ SCARING! and MARC A. SCARINGI, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION - LAW Q' . l'---t-- : NO. 0:;). -JfJ'i9. lU~ I~ JURY TRIAL DEMANDED DENNIS P. DITMER, Defendant COMPLAINT 1. Plaintiffs Melanie Walz Scaringi and Marc A. Scaringi, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 400 Walnut Street, Newport, Perry County, Pennsylvania. 2. Defendant Dennis P. Ditmer is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 229 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Ditmer owns the property on which his residence is located, and is responsible for the maintenance, inspection and safety of the sidewalk located thereon. 4. The facts and occurrences hereinafter related took place on or about September 26,2000 at approximately 7:45 a.m. on the sidewalk located in front of the residence of Defendant Ditmer. 5. At that time and place, Plaintiff Melanie Walz Scaringi was lawfully walking on the sidewalk having parked her car on Graham Street en route to school. 6. At that time and place, Plaintiff Melanie Walz Scaringi tripped and violently fell over the irregular, raised sidewalk joint that had been allowed by Defendant Ditmer to project from 2 to 2 Yz inches. 248804.lIMMMlLCI " 7. The sidewalk joint had been heaved or raised over an extended period of time, and Defendant Ditmer was on actual notice of the condition or should have been since the passage of time. 8. Leaves partially concealed the raised sidewalk joint, thereby creating a non- obvious tripping hazard. 9. As a result of tripping over the raised sidewalk joint, Plaintiff Melanie Walz Scaringi violently fell, and impacted her chin on the concrete sidewalk. 10. Defendant Ditmer owed Plaintiff Melanie Walz Scaringi a duty to inspect, maintain, repair, and warn about the tripping hazard, but Defendant failed to do so. 11. The aforementioned fall and all of the injuries and damages set forth hereinafter sustained by Melanie Walz Scaringi are the direct and proximate result of the negligent, careless, and reckless manner in which Defendant Ditmer maintained, repaired, warned, inspected his property as follows: a. failing to properly inspect the property to discover the dangerous condition created by the irregular sidewalk, to make repairs, or warn of the dangerous condition; b. failing to post warnings, barricades, signs, painting, or other means of protecting the general public; and c. failing to take other action and precautions that a reasonably prudent property owner would have undertaken for the protection of the general public. CLAIM I Melanie Walz Scaringi v. Dennis P. Ditmer 12. Paragraphs I through 11 of the Complaint are incorporated herein by reference. 13. Plaintiff Melanie Walz Scaringi sustained painful and severe injuries which include, but are not limited to, Temporomandibular Joint Syndrome and its symptoms including, 248804.1\MMM\LCl " acute jaw pain, blurred vision, headaches, and sleeplessness. Mrs. Scaringi has also been inflicted with arthritis in her jaw joints as a result of the aforementioned fall. 14. As a result of the aforementioned injuries and resulting pain, Plaintiff Melanie Walz Scaringi has incurred liability for medical treatment, medications, hospital treatment, physical therapy, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 15. Because of the nature of her aforementioned injuries and resulting pain, Plaintiff Melanie Walz Scaringi has been advised, and therefore avers, that she will incur similar expenses in the future, and claim is made therefore. 16. As a result of the aforementioned injuries and resulting pain, Plaintiff Melanie Walz Scaringi has and will continue to undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefore. 17. As a result of the aforementioned injuries, Plaintiff Melanie Walz Scaringi has been and in the future may continue to be subject to humiliation and embarrassment, and claim is made therefore. 18. As a result of the aforementioned injuries and resulting pain, Plaintiff Melanie Walz Scaringi has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefore. 19. Plaintiff Melanie Walz Scaringi continues to be plagued by persistent pain and limitation and has been advised, and therefore avers, that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 248804.IIMMM\LCI " WHEREFORE, Plaintiff Melanie Scaringi demands judgment against Defendant Dennis P. Ditmer in an amount in excess of Twenty-Five Thousand ($25,000,00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II Marc A. Scaringi v. Dennis P. Ditmer 20. Paragraphs I through 19 of the Complaint are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by his wife, Melanie Walz Scaringi, Marc A. Scaringi has been and may in the future be deprived of the care, companionship, consortiwn, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiff Marc Scaringi demands judgment against Defendant Dennis P. Ditmer in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ER,P.C. ichael E. Kosik LD, No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 248804. l\MMM\LC I VERIFICATION I, MELANIE W ALZ SCARING!, do hereby swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the RuIes of Civil Procedure relating to unsworn falsification to authorities. WITNESS: t~~~~U0Y ib)4~uP J<~M;~n# ME~ANIE W ALZ SC G! " VERIFICATION I, MARC A. SCARINGI, do hereby swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. WITNESS: f'" 1~,J~4J" i Dated: 9-502-- d~~~ 0 C'J C~ ;",.) " ~ iQ.. "./) ~I -, '., 1- d '\] '1 - Q r,...: 8 ~'~l -':i ~ . :...) ~ . ~p::! " -." ,- "- ~ -...t:: fJ?- SHERIFF'S RETURN - REGULAR CASE NO: 2002-04399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCARINGI MELANIE WALZ ET AL VS DITMER DENNIS P HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsy1vania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DITMER DENNIS P the DEFENDANT , at 0020:03 HOURS, on the 18th day of September, 2002 at 229 MOORE LAND AVENUE CARLISLE, PA 17013 by handing to DENNIS P. DITMER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 ~~~~~~.. R. Thomas Kline . 09/19/2002 ANGINO & ROVNER Sworn and Subscribed to before By: 7Lw -tI. Deputy She~ me this 7 f3;.. day of @ c.X:l.~ ;;2 OV ;C A . D . (~ \. dIU ~.~ t'othonotary , John R. Ninosky, Esquire 1.D. 178000 GOLDBBRG, ItATZ)AH 4i SRIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Ditmer MELANIE WALZ SCARINGI and MARC A. SCARINGI, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. DENNIS P. DITMER, Defendant NO. 02-4399 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO THE PLAINTIFFS: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 86049.1 lo/t%a By ~f( ~ J n R, . 'Ninosky, Es uire 1. D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant John Ro Ninosky, Esquire 1.0. '78000 GQLDBBIlCJ, D'lZMUl' 5 SBIHGH, PoCo 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Ditmer MELANIE WALZ SCARINGI and MARC A. SCARINGI, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. DENNIS P. DITMER, Defendant NO. 02-4399 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Dennis P. Ditmer, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph and the same are therefore denied. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that Mr. Ditmer owns the property on which his residence is located. The remainder of this allegation is denied in that it contains conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 4. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph and the same are therefore denied. 5. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph and the same are therefore denied. 6. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 7. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 9. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. This paragraph is denied pursuant to Pa. R.C.P.1029(e). 11. Denied. This Paragraph, including paragraphs (a) through (c) are denied pursuant to Pa. R.C.P. 1029(e). 2 Claim I Melanie Walz Scaringi v. Dennis P. Ditmer 12. The answers to paragraphs 1 though 11 are incorporated as though fully set forth. 13. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e) . 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 15. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 16. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 17. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 18. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 19. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e) . WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint and that judgment be entered in his favor. 3 CLAIM II Marc A. Scaringi v. Dennis P. Ditmer 20. The answers to paragraphs 1 though 19 are incorporated as though fully set forth. 21. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint and that jUdgment be entered in his favor. NEW MATTER 22. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 23. Plaintiffs' Complaint may be barred in whole or in part by the Doctrine of the Assumption of the Risk. 24. Plaintiffs' claims and/or alleged losses may be precluded and/or reduced by the Doctrine of Comparative Negligence. 25. Plaintiff, Melanie Walz Scaringi, failed to exercise reasonable care for own safety under the circumstances then and there existing. 26. That if a dangerous condition existed at the time of the alleged incident, which is denied, then Mr. Ditmer avers that 4 he did have actual or constructive notice of the allegedly dangerous condition prior to the incident. 27. The Plaintiffs' injuries and damages, if any, were not caused by any acts, omissions, or breaches of duty by Mr. Ditmer. 28. The Plaintiff, Melanie Walz Scaringi, knowingly and voluntarily assumed the risk of her injuries under the circumstances then and there existing by identifying a dangerous condition, appreciating its dangerous character, and voluntarily proceeding to encounter that condition. 29. It is believed, and therefore averred, that Plaintiff, Melanie Walz Scaringi, was familiar with the area of the alleged incident, and had proceeded along the sidewalk on multiple occasions prior to the alleged incident. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint and that jUdgment be entered in his favor. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 86049.1 By ~/e ~ John . Nin'osKY, Esqui e LD.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4161 5 VERIFICATION I, Dennis P. Ditmer, have read the foregoing and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. ~4904. lr'1AAA I <Ok Dennis P. Ditmer ~ DATE: 86050.1 /0 ( 10 ( 07- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the /0 day of ~, 2002, addressed to the following: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. By JOh~no~1i::do Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant 86026.1 () r-"~ C) c: i -,) n :-J .., ---I .Tl ;,:-. ( I'..) ,.) :..0 I -..) -< John R. Ninosky, Esquire I. D. f78000 GOLDIIBIlG, KATZIIllH 5 SBJ:_, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Di~iller MELANIE WALZ SCARINGI and MARC A. SCARINGI, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 02-4399 CIVIL TERM DENNIS P. DITMER, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Dennis P. Ditmer, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJ~({t!~e Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: October /f) 2002 86025.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the loft day of (JJ("~ ' 2002, addressed to the following: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~K~~ Joh R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant 86026.1 o r;; ''''CJ( n.~i --:--' -., ..'-- _.' :;:':'L (.C':: ~s .7 ,,__J l''''; :? C) .-\ " ,-) >.:J 'J II II I I I . MELANIE W ALZ SCARINGI and MARC A. SCARINGI, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW NO. 1)21J 99 CIVIL TERM O:l-1.lJ99 JURY TRIAL DEMANDED DENNIS P. DITMER, Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby reply to the New Matter of Defendant as follows: 22, Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' Complaint fails to state a claim upon which relief can be granted. To the contrary, it is averred that Plaintiffs' Complaint sufficiently and specifically sets forth a cause of action against Defendant Dennis P. Ditmer for failure to maintain his property and permitting a dangerous condition to exist on the sidewalk without correcting the condition or providing warning to the public. 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Doctrine of Assumption of the Risk is applicable to the cause of action stated in Plaintiffs' Complaint. It is specifically denied that the Doctrine of Assumption of the Risk is applicable to the facts set forth in Plaintiffs' Complaint as Plaintiff did not observe the condition of the sidewalk prior to her fall. 24. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Melanie Walz Scaringi was comparatively or contributorily negligent on the cause of action stated 252227.1 IMEKIMMM II in her Complaint and therefore it is denied that her claim and/or losses are precluded or reduced by the Doctrine of Comparative Negligence. By way of further answer, Plaintiff Melanie Walz Scaringi did not observe the condition of the sidewalk because it was camouflaged by leaves. 25. This averment is a conclusory statement unsupported by any factual statements and therefore no further response is required. To the extent that a further response may be deemed proper, it is specifically denied that Melanie Walz Scaringi failed to exercise reasonable care for her own safety under the circumstances. To the contrary, Plaintiff was exercising all the care and caution normally taken by a reasonably prudent person walking on a sidewalk. 26. Admitted. 27. This averment is a conclusory statement unsupported by any factual averments. By way of further response, it is specifically denied that Plaintiff Melanie Walz Scaringi's injuries and damages were not caused by the acts, omissions and breaches of Defendant Ditmer. To the contrary, it is averred that all of Plaintiffs' injuries and damages as set forth in Plaintiffs' Complaint are directly and causally related to the negligence of the Defendant. 28. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Melanie Walz Scaringi was aware of the dangerous condition presented by the sidewalk because the defect was camouflaged by fallen leaves. It is specifically denied that Plaintiff willingly and voluntarily assumed the risk of her injury. It is specifically denied that she identified the condition, appreciated the dangerous character of the condition or voluntarily proceeded to encounter the condition. To the contrary, it is averred that Plaintiff did not observe the dangerous condition because of the leaves which camouflaged the defect. Therefore, she did not knowingly or voluntarily assume the risk of injury which she suffered. 252227.1IMEKIMMM 29. Denied. It is specifically denied that Melanie Walz Scaringi was familiar with the particular area where the accident occurred. Plaintiff Melanie Walz Scaringi has no recollection of parking or walking past the Defendant's home prior to the date of the accident. It is specifically denied that Plaintiff "proceeded" along the sidewalk on multiple occasions prior to the alleged incident. WHEREFORE, Plaintiff respectfully request that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiffs and against Defendant. R,P.C. ichael E. Kosik, Esquire J.D. No. 36513 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff 252227.1\MEK\MMM VERIFICATION I, MELANIE W ALZ SCARINGI, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: fk!J{<</h-r ~.,%1A~~'~ MELANIE W SCARINGI 246016.lIRCA\SC VERIFICATION I, MARC A. SCARING!, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: f-~ 'hl.<iA !-oLA-y- / t CERTIFICATE OF SERVICE AND NOW, this 24th day of October, 2002 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certifY that I have served a true and correct copy of the PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 ~ fn'/k11-J--- Michelle M. Milojevich 252227.1\MEKIMMM o c .-, c~ -< :,,;,) j\ I:,_~j I :2 c., ,'- , ('.) 3 '_)'1 (? () 11 \"'1 ,"'"l .~ ".j ,-~ ~-) ~._j ::0 --~\ ?U ::<. ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238.6791 FAX (717) 238-5610 E-mail jdecinti@angino-rovner.com Attorneys for Plaintiffs: Melanie Walz Scaringi and Marc A. Scaringi MELANIE W ALZ SCARING! and MARC A. SCARINGI, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION - LAW v. NO. 02-4399 CIVIL TERM DENNIS P. DITMER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw the appearance of Michael E. Kosik, Esquire of Angina & Rovner, P.C., as counsel for the Plaintiffs, Melanie Walz Scaringi and Marc A. Scaringi, in the above- captioned action. Respectfully submitted, R,P.C. Date: ~A'l 0) lchaeI E. Kosik LD. No. 36513 4503 N. Front Street Harrisburg, PAl 711 0 (717) 238-6791 Attorney for Plaintiff 1 265652.1 VDlDZ c.::) C,) (I') .-C ;-:"l q'i --() ~~ ..,F. en -< . :~: l ~.:-'-: "":. j:;.~ ;,) ~n co 8 ANGINa & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 E-mail jdecinti@angino-rovner.com Attorneys for Plaintiffs: Melanie Walz Scaringi and Marc A. Scaringi MELANIE W ALZ SCARING! and MARC A. SCARING!, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION - LAW v. DENNIS P. DITMER, NO. 02-4399 CIVIL TERM Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of James DeCinti, Esquire of Angino & Rovner, P.C. as counsel for the Plaintiff, Melanie Walz Scaringi and Marc A. Scaringi, in the above-captioned action. Respectfully submitted, ANGINO & ROVNER, P.C. ~nc. Date: e>tjnl t>) James DeCinti, Esquire LD. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 2 265652.1VDIDZ o c.: 2: -'0('; f'lff ~~7 ..". ~/.-' (,0 ~S: ~~ ):.,. ~ o L,) ,f) :-00 -1) o -"1 -,-, , ,; !), ,I- I C~J, 'II C) rn N :J1 OJ CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee of Angina & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PRAECIPE }'OR WITHDRAW ALIENTRY OF APPEARANCE was served via United States first-class mail, postage prepaid, upon the following: John R. Ninosky, Esquire Goldberg, Katzman & Shipman 320 East Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Attorney for the Defendant ~v!2iL Dated: q / 1I /63 I , 3 265652.1 VDlDZ 0 C) 0 C (.,,) "T1 ;c." ~n .,", I", :Tl n"-, [ -'U :;< (,":) -...... ~.~: ~1 );" 1 c5 ;2: r:~.) rn ). . , ., '- '. :.<1 , ():) :.< :\ I 'I I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) (X) ( ) ( ) Assumpsit Trespass Trespass (Motor V e1ilele) Other MELANIE W ALZ SCARING! and MARC A. SCARINGI, her husband Plaintiffs The trial list will be called on August 10, 2004. Trials commenl~e on September 13, 2004. v. DENNIS P. DITMER Defendant Pre-trials will be held on August 18, 2004 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursmmt to local Rule 314-1.) No. 02-4399 Civil Indicate the attorney who wi11 try case for the party who files this praecipe: James DeCinti, Esquire 4503 N. Front Street Harrisburg, PA 17110-1708 Indicate trial counsel for other parties if known: John R. Ninosky, Esquire 301 Market Street P.O. Box 108 Lemoyne, PA 17043-0109 This case is ready for trial. Signed: \~1'y( Date: '1 ~( () Print Name: James DeCinti, Esquire Attorney for Plaintiff(s) 278155-1 II CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee of Angina & Rovner, P.C., hereby certify that a true and correct copy of the foregoing Praecipe for Listing Case for Trial was served via United States first-class mail, postage prepaid, upon the following: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 108 Lemoyne, PA 17043-0109 Attorney for the Defendant K~~~ Dated: 7/~t(6 <I 278155-1 C) r-~ c: c:? ~-; ~ .'1. L.- ::;;~. C r"'" , - N , N f':': - <', en ."'" ~.. 11. Melanie Walz Scaringi and Marc A. Scaringi, Her Husband : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V Dennis P. Ditmer : NO. 02-4399 CIVIL TERM ORDER OF COURT is hereby continued from the September 13, 2004 trial term. Counsf,l is directed to relist the case AND NOW, August 10, 2004, by agreement of counsel, the above captioned case when ready. By the Court, James DeCinti, Esquire For the Plaintiff vfohn R. Ninosky, Esquire For the Defendant ;> Court Administrator ld '" C;,~) C".l -""" o -T, ._, :r-::-r r.lpd -;:1r1'1 ".:',rJ c)T :::;! ~oJ (:) :iJ :>C) ~~I"I ~:D' ........: :;::~,,~ c::: \..;i"") :!-' (..;"1 il ORIGINAL ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire LD, No. 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com Attorneys for Plaintiffs: Melanie Walz Scaringi and Marc A. Scaringi MELANIE W ALZ SCARINGI and MARC A, SCARINGI, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 02-4399 CIVIL TERM DENNIS P. DITMER, Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE AND ENTER APPEARANCE Date: August l'004 PI'M' wHhdrnw my _00 M ro~~1 r":;:. in "" """v~""Hoo'" "tinn J D C~' !Y- am s e mtl, sqUIre LD. No. 77421 4503 N. Front Street Harrisburg" PA l7110 Please enter my appearance as counsel for Plainti s m tea - ~~ 'f'.' ock E I. . No. 47281 Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110 (717) 238-6791 August ti004 Date: 282168 CERTIFICATE OF SERVICI~ I, Marcy 1. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' PRAECIPE TO WITHDRAW APPEARANCE AND ENTER APPEARANCE on the following via postage prepaid, first class United States mail, addressed as follows: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 108 Lemoyne,PA 17043-0109 'I .7{)J}(~~(J~ Marcy 1. Besse Date: August 19, 2004 282168 ,. . f~-_~ C~) (.,.) r"j PRAECIPE FOR LISTING CASE ]~R TRIAL (Must be typewritten and sutmitted in duplicate) TO THE POOTHOIDI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next teIm of civil court. for trial without a jury.. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) (X) Civil Action - Law Appeal from Arbitration MELISSA WAU SCARrnNGI MARC A. SCARn~I (other) ( Plaintiff) vs. DENNIS Dl1MER The trial list will be called on and February 15, 2005 Trials connence on M"..,.h 1 b... 7m') (Defendant) Pretrials will be held on February 23, 2005 (Briefs arE' due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 4399 Civil 02 19 Indicate the attorney who will try case for the party who files this praecipe: Jolm R. Ninoskv. Esquire. Johnson Duffie. P.O. Box 109. Lemoyne. PA 17043 761-4540 Indicate trial counsel for other parties if known: Richard A. Sadlock. Esquire, Angina & Rovner, 4503 North Front St., Harrisburg, PA DllO-1708 238-6791 This case is ready for trial. Signed: (~ K ~ Print Narre: Da te ; JanUary 17, 2005 Attorney for: ..Jalm R. NiR9Sky Defendant r,.,,) r.') <.;... I (...~ C') c..: 7 Melissa Walz Scaringi Marc A. Scaringi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Dennis Ditmer : NO. 02-4399 CIVIL TERM ORDER OF COURT AND NOW, February 16,2005, the case is stricken from the March 14,2005 trial tenn. Counsel is directed to relist the case when ready. By <h, CO"" At') George E. Hoffer, PJ. J1dChard A. Sadlock, Esquire For the Plaintiff / VO'hn R. Ninosky, Esquire For the Defendant Court Administrator (J ;).-)~-o.5 jhk ~"O C'J '.~ q-:) C-'..J 1"",.J \.>- MELANIE W ALZ SCARING! and MARC A. SCARING!, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO. 02-4399 CIVIL TERM DENNIS P. DITMER, Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard A. Sadlock respectfully represents that: , counsel for the Plaintiffs in the above action (or actions), I. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $ $25,000 or less The counterclaim of the defendant in the action is $ NI A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Richard A. Sadlock, Esquire and John R. Ninoskv, Esqiure WHEREFORE, your petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Richard , Esquire Angino & Rovner, P,C. 4503 North Front Street, Harrisburg, P A 17110 ORDER OF COURT AND NOW, , 2005, m 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: J. +~~ - 1: ~ ~ ~ r ~ -- ~ .-1 ,.--. .-"" '....."'. MELANIE W ALZ SCARINGI and MARC A. SCARINGI, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO. 02-4399 CIVIL TERM DENNIS P. DITMER, Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard A. Sadlock respectfully represents that: , counsel for the Plaintiffs in the above action (or actions), 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $ $25,000 or less The counterclaim of the defendant in the action is $ N/A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Richard A. Sadlock, Esquire and John R. Ninosky, Esqiure WHEREFORE, your petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Richard , Esquire Angina & Rovner, P.C. 4503 North Front Street, Harrisburg, P A 17110 ORDER OF COURT )tt26L 01 Y , 2005, In consideration of the foregoing "Y/./! y:? /) '.. .I \ / A petition, ~a _ ' a;l d1/fsq" Il/~./ .#. ~4J.sq, and ),~) If- k..lt:n.L;jLPsq" are appointed arbitrators in tbe above.captioned AND NOW, action (or actions) as prayed for. .? Ltrf1 ~ u. ; I . / ~~d'~71 ~~~~/~ ~ ~ _~.1~/~' ~ IiI. ~.'- ~ v --- ~ 1*-. ."'. _..~ " " ., 98 : II H~ rye ~\'w ~ooz A8V.LONOHLOod 3Hl :10 3JI:J~~O-a311:l AJ~ t1i - 6- - D w G' / r e1-J ~ w ~ ....() '"'- ~ .0=1 \) \) ~ t ---<. _.. ,. "_d, VV\ ~..J~Y\I ~ uJk/..27 5' CALI wu- J ) VV\ f1, kL fL :)co.lL j V\ ~ I laintiff y~Y\\i\ 15 .p 7 D; 1- Yl1 e.-vL Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.J2L- Lf ~1r Civil Action - Law. 1AI'tt7hu1h1rctSe Name (Chairman) Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution ofthis Commonwealth and that we will discharge the duties of our office ;Jjfidelity. /I~ tf/'1~ Signature Signature Signature" Aa-flitzJ A. t1lf.ltl1t Name r7 A'"l'At\ <;. A,u'\lg- Name , -Millcv ~ ~~ Law Firm rrwi n tt1cr",,!I Law Firm Lv tJ~ff fbmM5f Address ~::/~ f1i; 71J(l Law Firm o:7"C. H1 ('yyj "'S( .. 1=t" '2 () '7 Address Co. e J;<) ~ City, J'b2-'2.- M~ st-. Address 1707:7 Zip ~ 1 Date of Hearing: Date of Award: '2r ? . Arbitrator, dissents. (Insert name if applicable.) ('"" (Chairman) ~ ~~ ----- Notice of Entry of Award Now, the 0,7'1 day of 0';1/'.;;4 ,201)~ , at /1:'-11 , .4-.M., the above award was entered upon the docket and notice the of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~ cY"1 <.>. ~ By: Deputy I ~ " ~ 1\ <- \ $ ~ ~ ~~ rt\ ':p l:$> '5 ?"'- ~ " ~ " , ~ n ~, ~ s:; ~: :(--i", ,. - 'C::; r\'"\F.. , ('"'' ':-\' ~ ;.1 ~,\c? \? '~~j: ~ :~) (~~) ~ ~~/ \"'l .::;:. 'S\' -" '}~ t:" ',-~ - MELANIE WALZ SCARINGI and MARC A. SCARINGI, Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW : NO. 02-4399 CIVIL TERM DENNiS P. DITMER, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the Award of Arbitrators satisfied in the above-captioned matter. Angino & Rovner, P.C. DATE: -' n C.:. 1"-' ,":'''-=' r'" -.) --r; '.-":.:::) <,:"J'l ~:l C."l c; ;-,1 N \",n Co.) ro-;,