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LUKE B. MIHALY AND MATTHEW G. MIHALY Jeffrey S. Treat, Esquire VS. COMMONWEALTH OF PENNSYLVANIA BY AND THROUGH ITS ADMINISTRATIVE DEPARTMENT OF DEPARTMENT OF GENERAL SERVICES, AND PENNSYLVANIA STATE POLICE 1

By Order of Court of Common Pleas of Wayne County, case filed, Order as follows: AND NOW, this 16 th day of March, 2006, it is hereby ORDERED that the Preliminary Objection to jurisdiction is GRANTED. It is further ORDERED that the Prothonotary of Wayne County shall TRANSFER this matter to the Board of Claims pursuant to 42 Pa. C.S.A. 5103(d). THE FOLLOWING FILED IN COURT OF COMMON PLEAS OF WAYNE COUNTY November 28, 2005 Caption: Luke B. Mihaly and Matthew G. Mihaly vs. Commonwealth of Pennsylvania, by and through its Administrative Department of General Services, and Pennsylvania State Police. Complaint in Ejectment filed. November 28, 2005 December 19, 2005 Sheriffs return of service. Complaint served upon Commonwealth of Pennsylvania by deputized service through Dauphin County on 12-5-05 and upon Pennsylvania State Police by serving Sgt. Relph on 12-1-05. December 20, 2005 Defendant s Preliminary Objections to Plaintiffs Complaint. December 20,2005 Certificate of Service Defendant s Preliminary Objections. June 23, 2005 Plaintiff filed Praecipe to Discontinue with Prejudice as to Additional Defendant only. 2

February 2, 2006 Notice of (Argument on Preliminary Objections set for March 8, 2006 at 10:00 a.m. February 6, 2006 Administrative Order this 3 rd day of February, 2006, it is the Order of Court this court that a status conference in the above-captioned matter is scheduled for Monday, March 13, 2006, at 10:45 a.m., in the Judge s chambers, fourth floor, Wayne County Courthouse, Honesdale, Pennsylvania. Linus H. Myers, C.A. served 2-6-06. February 22,2006 Defendant s Brief in support of Preliminary Objections to Plaintiff s Complaint. February 22, 2006 Certificate of Service Defendant s Brief in Support of Preliminary Objections filed by Defendant. February 23, 2006 Administrative Order this 23 rd day of February, 2006. It is the Order of this Court that the status conference is continued from March 13, 2006 to Friday, March 17, 2006 at 9:45 a.m. Judge s Chambers, fourth floor, Wayne County Courthouse, Honesdale, PA. Linus H. Myers, C.A. served 2-23-06. March 2, 2006 Plaintiff s Brief in Opposition to Defendant s Preliminary Objections. 3

March 8, 2006 Order AND NOW, to wit this 8 th day of March, 2006, after conference, this court issues the following order with respect to the above-captioned case: All discovery proceedings, including depositions, shall be completed by July 7, 2006. Nonjury trial is scheduled for August 8, 2006, at 9:15 a.m. Linus H. Meyers, CA served 3-8-06. Opinion and Order: NOW this 16 th day of March, 2006, it is ordered that the preliminary objection to jurisdiction is granted. It is further ordered that the prothonotary of Wayne County shall transfer this matter to the Board of Claims, pursuant to 42 PA C.S. A. 5103(D). Robert J. Conway,served 3/16/06. BEFORE THE BOARD OF CLAIMS Court of Common Pleas of Wayne County transferred record. March 29, 2006 Docket Entries as recorded above received from Wayne County Prothonotary s Office. March 30, 2006 Board of Claims received file from Court of Common Pleas of Wayne County. Amount of Claim: April 3, 2006 Board issued letter to Plaintiff requesting additional copies of Claim, proof of mailing and filing fee. 4

CASE CAN BE FOUND AT DOCKET NO. 3861 5