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HomeMy WebLinkAbout07-4051 SONYA YOUNG AND IN THE COURT OF COMMON PLEAS DAVID YOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 6J-`f051 Civil -Ttrrh V. CIVIL ACTION LAW PAUL SMITH and MARTIN COBLE, Defendants 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle PA 17013 (800) 990-9108 LL:?==- Richard E. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 I.D. #30965 Date: 7/2/07 Attorney for Plaintiffs SONYA YOUNG AND DAVID YOUNG, Plaintiffs V. PAUL SMITH and MARTIN COBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION LAW NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones 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 o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para. usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle PA 17013 (800) 990-9108 Richard E. Freebu , quire FREEBURN &, HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 I.D. #30965 Date: 7/2/07 Attorney for Plaintiffs Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Attorney for Plaintiffs freebum@pa-injurylawyer.com SONYA YOUNG AND IN THE COURT OF COMMON PLEAS DAVID YOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 67- 4(051 V. CIVIL ACTION LAW PAUL SMITH and MARTIN COBLE, Defendants COMPLAINT AND NOW, come Plaintiffs, Sonya Young and David Young, by their attorneys, Freeburn & Hamilton, and file the following Complaint: 1. Plaintiffs, Sonya Young, and her husband, David Young, are adult individuals, who reside at 300 S. Fountain Green Road, Bel Air, Maryland. 2. Defendant, Paul Smith, is an adult individual who resides at 844 Cardinal Lane, Lewisberry, York County, Pennsylvania. 3. Defendant, Martin Coble, is an adult individual who resides at 295 Church Road, Shermans Dale, Perry County, Pennsylvania. 4. The facts and occurrences hereinafter related took place on or about September 18, 2005 at 1:20 a.m. on or about Rte. 581 in Lower Allen Township, Cumberland County, Pennsylvania. 5. At or about that time and place, Plaintiff, Sonya Young was driving her employer's commercial motor vehicle in an easterly direction on Rte. 581 in the right travel lane. 6. At or about that time and place, Defendant, Paul Smith, was driving a 1995 Buick Century automobile, owned by Martin Coble, in an easterly direction on Rte. 581 behind Plaintiff's vehicle. 7. At or about that time and place, the vehicle that Defendant, Paul Smith, was operating violently collided with the rear of Plaintiff's vehicle. 8. It is believed and therefore averred that at the time of the collision, Defendant, Paul Smith, was driving the automobile owned by Defendant, Martin Coble, with Martin Coble's permission. 9. By reason of the aforesaid collision, Plaintiff, Sonya Young, suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, neck, back and right knee injuries. 10. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 11. The aforesaid collision and injuries suffered by Plaintiff, Sonya Young, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 12. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefore. 2 13. Plaintiff, Sonya Young, has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 14. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 15. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has suffered a loss or impairment of future earning capacity, and claim is made therefore. 16. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has been subjected to severe humiliation, embarrassment, shame, worry and anger. 19. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 3 20. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 21. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has been deprived her enjoyment of the pleasures of life. 22. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, continues to be plagued by persistent pain and limitation 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. 23. By reason of the aforesaid collision and injuries, Plaintiff, Sonya Young, has suffered a disfigurement, and claim is made therefore. 24. Plaintiffs are entitled to recover non-economic damages because, inter alia, Defendant, Paul Smith, was convicted or accepted ARD for driving under the influence of alcohol or a controlled substance; Plaintiff, Sonya Young, was an occupant of a motor vehicle other than a private passenger motor vehicle as that term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Law; Plaintiff, Sonya Young, suffered a "serious injury," as that term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Law; and because Plaintiff, Sonya Young, was not subject to the limited tort option under any insurance policy. COUNT I Sonya Young, Plaintiff v. Paul Smith, Defendant 25. Paragraphs 1-24 are incorporated herein by reference thereto. 4 26. The foregoing accident and all of the injuries and damages set forth hereinafter suffered by Plaintiff, Sonya Young, are the direct and proximate result of the negligent, careless, wanton, outrageous and reckless manner in which Defendant, Paul Smith, operated a motor vehicle as set forth above and more particularly as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply his brakes in time to avoid the collision; C. In negligently applying his brakes; d. In failing to observe plaintiffs vehicle on the highway; e. In failing to operate a vehicle in accordance with existing traffic conditions and traffic controls; f. In permitting or allowing the vehicle he was operating to strike and collide with the rear of the vehicle operated by plaintiff; g. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; h. In operating a vehicle while under the influence of intoxicating liquor or drugs; i. In failing to keep a reasonable lookout for other vehicles lawfully on the road; j. In failing to yield the right-of-way to traffic already upon the highway; k. In operating a vehicle in a manner not consistent with the road and weather conditions prevailing at the time; 1. In operating a vehicle so as to create a dangerous situation for other vehicle on the roadway; and M. In failing to keep vehicle within the proper lane. 5 27. Defendant, Paul Smith's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiff, Sonya Young, from personal injury, and thus constitutes negligence per se. WHEREFORE, Plaintiff, Sonya Young, demands judgment in her favor and against Defendant, Paul Smith, for compensatory and punitive damages in an amount in excess of TWENTY-FIVE THOUSAND 8v 00/ 100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT H Sonya Young, Plaintiff v. Martin Coble, Defendant 28. Paragraphs 1-27 are incorporated herein by reference thereto. 29. The foregoing accident and all of the injuries and damages set forth hereinafter are the direct and proximate result of the negligence of Martin Coble in entrusting his automobile to Defendant, Paul Smith WHEREFORE, Plaintiff, Sonya Young, demands judgment in her favor and against Defendant, Martin Coble, for compensatory and punitive damages in an amount in excess of TWENTY-FIVE THOUSAND & 00/ 100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 6 COUNT III - LOSS OF CONSORTIUM David Young, Plaintiff v. Paul Smith, Defendant 30. Paragraphs 1-29 are incorporated herein by reference thereto. 31. As a result of the aforementioned injuries suffered by his wife, Sonya Young, Plaintiff, David Young, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of her husband, all of which will be of great detriment, and claim is made therefore. 32. As a result of the aforementioned injuries suffered by his wife, Sonya Young, Plaintiff, David Young, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore him to health, and claim is made therefore. WHEREFORE, Plaintiff, David Young, demands judgment in his favor and against Defendant, Paul Smith, for compensatory and punitive damages in an amount in excess of TWENTY-FIVE THOUSAND & 00/ 100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV - LOSS OF CONSORTIUM David Young, Plaintiff v. Martin Coble, Defendant 33. Paragraphs 1-32 are incorporated herein by reference thereto. 7 34. As a result of the aforementioned injuries suffered by his wife, Sonya Young, Plaintiff, David Young, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of her husband, all of which will be of great detriment, and claim is made therefore. 35. As a result of the aforementioned injuries suffered by his wife, Sonya Young, Plaintiff, David Young, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries and to restore him to health, and claim is made therefore. WHEREFORE, Plaintiff, David Young, demands judgment in his favor and against Defendant, Martin Coble, for compensatory and punitive damages in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMELTON By: Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 7/2/07 Counsel for Plaintiffs 8 VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Sonya Yo g David Young COW C? - rT l O r °.try ?' e -0 f i 00 C(P Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Attorney for Plaintiffs freeburn@pa-injurylawyer.com SONYA YOUNG AND IN THE COURT OF COMMON PLEAS DAVID YOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-4051 Civil Term V. CIVIL ACTION LAW PAUL SMITH and MARTIN COBLE, Defendants PR.AECIPE TO: Prothonotary Kindly reinstate Plaintiffs' Complaint in this matter. Respectfully submitted, FREEBURN & HAMILTON By: - 'chard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 8/3/07 O c N 0 o Y ' 7 ? A (u ? 1 r j G-? rriTm D 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, Paul Smith and Martin Coble. The Defendants reserve the right to otherwise plead in this matter. Respectfully submitted, LAW OFFICE OF Date: August 9, 2007 By: Dd`fiald R. Dorer, 0squir, Attorney for Defendants Identification No. 39126 I ER & DORER 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Date: August 9, 2007 Donald R. Der, Esquire Attorney for Defendants C t _ - G TI fl l C:w '' 3 7 C7?7 "< SHERIFF'S RETURN - OUT OF COUNTY I VASE NO: 2007-04051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOUNG SONYA ET AL VS SMITH PAUL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SMITH PAUL but was unable to locate Him deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 30th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 38.04 Postage 2.91 So answer ---:?;, , . R: Thomas Kline Sheriff of Cumberland County 77.95'-/ 7113)" 07/30/2007 FREEBURN & HAMILTON Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOUNG SONYA ET AL VS SMITH PAUL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COBLE MARTIN but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 30th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R."Thomas Kline Dep Perry County 32.70 Sheriff of Cumberland County .00 57.70 ? ?'j3(j).7 07/30/2007 FREEBURN & HAMILTON Sworn and subscribe to before me this day of A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE NSTf=T10M PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LSE 1 TWU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 3 DEFENDANT/S/ Paul Smith et al 2 COURT NUMBER 07-4051 civil 4. TYPE OF WRIT OR COMPLAINT Notice and Complaint C I CA SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, At 1At;HEU, UK aULU Paul Smith 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) AT 844 Cardinal Lane Lewisber_ , PA 17339 7 INDICATE SERVICE O PERSONAL l7 PERSON IN CHARGE DEPUTIZE CF}RT MIL U 1ST CLASS MAIL U POSTED J OTHER NOW July 11 , 20 07 I, SHERIFF OF COUNTY, PA, d ereby depute a sheriff of York COUNTY to execute r ake return ccording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF 4EM COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cmberland Please mail return of service to CLrnberland County Sheriff. Thank you. ADV FEE PD BY LAW FIRM NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheaff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any km. destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED RICHARD FREEBURN OF FREEBURN & HAMILTON 717-671-1955 7/5/07 12. SE D IC C fi?E AWb'AIYdRft. 'lttbW: Mis arei must 6e completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF 1 COURTHOUSE SQUARE CARLISLE PA 17013 SPACE BELOW FOR USE OF THE SI§Mff - DO NOT WRITE BELOW TFMS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. LT M M C G I LL 7/12/0-, 8/4/07. 16 HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE x OTHER ( ) SEE REMARKS BELOW -, wn we. --- t to 1-to N.a i-CuiAiral mrnnanv ate named above. (See remarks below.) 22. REMARKS: 23. Advance costs 24 Service Costs 25 N/F 26. Mileage 2 1 `1XV1, ?0 34. Foreign County Costs 35. Advance Costs 36 Service Costs 41. AFFIRMED and subscribed to bef a meth is 9TH 1-1 42. day C RaNNIr v :, xJQ NOTA r LISA' . F. ?_IC CITY Of YOmK. 'r 011im l v. iJ Y MY C0MV1dSSIU11 r- "FIRES AUG. 12, 2009 )stage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Ol 13z ?q 133-0 ? • o 37 Notary Cert. 38. Mileage/Postage/Not Found 3, Total Costs 44. Signature of 1 p ,,pep. Sheriff 46. Signature of York L/ U County Shenff 48. Signature of Foreign County Sheriff so. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE tG!! ' 160 1' ' 40 Costs Due or Refund 45.DAT T 47. DATE 7 /07 49 DATE 51 DATE RECEIVED 4. BLUE - Sherdrs Office i ad N)JOA LS ?I Wd ZI UP L002 33183HS 3H1 JU 3D13Aa X31 IDU In The Court of Common Pleas of Cumberland County, Pennsylvania Sonya Young et al vs. Paul Smith et al SERVE: Martin Coble No. 07-4051 civil Now, July 11, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service NOW July 13, Notice & Complaint within 20 07 , at 2:33 o'clock P M. served the upon Martin Coble:: at 295 Church Rd. Shermans Dale, PA 17090(Carroll Twp) by handing to Dixie L. Smith, POA For Martin Coble a True & Attested. copy of the original Notice & Complaint and made known to Her the contents thereof. So answers, Aaron D. Richards , Deputy Sheriff of Perry County, PA COSTS Sworn and subscribed before SERVICE $ me this L21fiday of .I-h1V, 2007 MILEAGE AFFIDAVIT NOTARIAL SEAL $ MARGARET E FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY M4 COMMISSION EXPIRES FE8.16, 2008 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Paragraph 7 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 8. Admitted. 9.-24. Denied. Paragraphs 9 through 24 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendants respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 25. Paragraphs 1 through 24 are incorporated herein by reference, and made a part hereof as if set forth in full. 26.-27. Denied. Paragraphs 26 and 27 of Plaintiffs' Complaint are generally denied pursuant to Pa. R,C.P. §1029(e). WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 28. Paragraphs 1 through 27 are incorporated herein by reference, and made a part hereof as if set forth in full. 29. Denied. Paragraph 29 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 30. Paragraphs 1 through 29 are incorporated herein by reference, and made a part hereof as if set forth in full. 31.-32. Denied. Paragraphs 31 and 32 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). 2 WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 33. Paragraphs 1 through 32 are incorporated herein by reference, and made a part hereof as if set forth in full. 34.-35. Denied. Paragraphs 34 and 35 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. § 1029(e). 'WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the ! L Plaintiffs' Complaint with prejudice. NEW MATTER 36. Paragraphs 1 through 35 are incorporated herein by reference, and made a part hereof as if set forth in full. 37. The Plaintiffs' claims for non-pecuniary damages maybe barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C. S.A. §1705. 38. The Plaintiffs' claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. 3 WHEREFORE, Defendants respectfully request your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Date: August 16, 2007 Respectfully submitted, LA OFFICE OF S ER & DORER By: Donald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 4 I 0 / HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendants in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: August 16-2007 Attorney for Defendants Court I.D. 39126 I I . 5 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Date: August 16, 2007 Donald R. Dorer, Esquire Attorney for Defendants „M -TI ...? ?..., .. t l ? -71 .1 ..is 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 VS. PAUL SNIITH AND MARTIN COBLE, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification to Answer to Complaint with New Matter, for the attorney's verification that had been filed with the Court on or about August 20, 2007. Respectfully submitted, Date: August 22, 2007 LAW OFFICE OF SN4ER & DORER By: (%LZ v W/ Donald R. Dorer, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 39126 Attorney for Defendants ? . s, 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. PAUL SNUTH AND MARTIN COBLE, DEFENDANTS No. 2007-4051 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Martin Coble, verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: l 7 0 1 Martin Coble 114 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SNUTH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 a :. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Substitute Verification to be served by regular first class mail upon: Date: August 22, 2007 Richard E. Freebum, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Donald R. borer, Esquire Attorney for Defendants c ? r- c ,: E5 . l._ 1 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND IN THE COURT OF COMMON PLEAS DAVID YOUNG, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS TO THE PROTHONOTARY: Kindly substitute the attached verification to Answer to Complaint with New Matter, for the attorney's verification that had been filed with the Court on or about August 20, 2007. Date: August 27, 2007 By: 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 39126 Attorney for Defendants Respectfully submitted, a , w 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 20074051 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Paul Smith. verify that the statements made in the foregoing Answer to Comvlaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: Paul Smith ,... , 44 07HB-00100 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SNHTH AND MARTIN COBLE, DEFENDANTS IN,THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Substitute Verification to be served by regular first class mail upon: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs,, Date: August 27, 2007 Donald R. Dor&, Esquire Attorney for Defendants C) . ?' 1., . .. f F.'.. V i., r/ ~ "' 9r r "'Tl . rn Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freeburn@pa-injurylawyer.com SONYA YOUNG AND DAVID YOUNG, Plaintiffs V. PAUL SMITH and MARTIN COBLE, Defendants Attorney for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4051 Civil Term CIVIL ACTION LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS AND NOW, come Plaintiffs, Sonya Young and David Young, by their attorneys, Freeburn & Hamilton, and file the following Reply to New Matter: 36. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. By way of further reply, Plaintiffs incorporate herein by reference thereto the allegations contained in their Complaint. 37. It is specifically denied that Plaintiffs' claims for non-pecuniary damages are barred by the limited tort option, the existence of the option in this case being denied. By way of further reply, Plaintiffs incorporate herein by reference thereto the allegations contained in paragraph 24 of their Complaint. 38. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss Defendants' New Matter, and enter judgment in their favor and against Defendants, Paul Smith and Martin Coble, for compensatory and punitive damages m an amount in excess of TWENTY-FIVE THOUSAND & 00/ 100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON By: Richard . Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 8/30/07 Counsel for Plaintiffs 2 VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: S ' d Sonya Yo David Young CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Reply to New Matter has been duly served on the following this 30th day of August, 2007, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Donald R. Dorer, Esquire SNYDER & DORER 214 Senate Avenue, Ste. 503 Camp Hill PA 17011 BY: GeorgiantAe J. He#,Assistant to Richard E. Freeb, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 8/30/07 Attorney for Plaintiff - Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebu rngpa-injurylawyer. com !(_I_C' OF T I,( QV HE 26131 MA 16 V)11: 4 6 Attor {nf?, r;PIaintiffs- SONYA YOUNG AND DAVID YOUNG, Plaintiffs V. PAUL SMITH and MARTIN COBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-4051 Civil Term CIVIL ACTION LAW PETITION TO ALLOCATE SETTLEMENT AND NOW, comes Plaintiffs, Sonya Young and David Young, and file the following Petition to Allocate Settlement and aver as follows: 1. PARTIES 1. Plaintiffs, Sonya Young and David Young, are husband and wife, are adult individuals who reside at 300 S. Fountain Green Road, Bel Air, Maryland. 2. Defendant, Paul Smith, is an adult individual who resides at 844 Cardinal Lane, Lewisberry, York County, Pennsylvania. 3. Defendant, Martin Coble, is an adult individual who resides at 295 Church Road, Shermans Dale, Perry County, Pennsylvania. II. FACTS 4. The facts and occurrences hereinafter related took place on or about September 18, 2005 at 1:20 a.m. on or about Rte. 581 in Lower Allen Township, Cumberland County, Pennsylvania. 5. At or about that time and place, Plaintiff, Sonya Young was driving her employer's commercial motor vehicle in an easterly direction on Rte. 581 in the right travel lane. 6. At or about that time and place, Defendant, Paul Smith, was driving a 1995 Buick Century automobile, owned by Martin Coble, in an easterly direction on Rte. 581 behind Plaintiff's vehicle. 7. At or about that time and place, the vehicle that Defendant, Paul Smith, was operating violently collided with the rear of Plaintiff's vehicle. 8. It is believed and therefore averred that at the time of the collision, Defendant, Paul Smith, was driving the automobile owned by Defendant, Martin Coble, with Martin Coble's permission. III. INJURIES 9. By reason of the aforesaid collision, Plaintiff, Sonya Young, suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, neck, back and right knee injuries. 10. By reason of the aforesaid collision, Plaintiff spouse, David Young, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of his wife. IV. PROCEDURAL HISTORY 10. Plaintiffs initiated this action by filing a Complaint on July 5, 2007. 11. Plaintiffs' Complaint includes causes of action both for the personal injuries sustained by Plaintiff, Sonya Young, as well as a loss of consortium claim by Plaintiff spouse David Young, 11. On August 16, 2007, Defendants filed an Answer with New Matter to Plaintiffs' Complaint. 12. On August 31, 2007, Plaintiffs filed their Reply to Defendants' New Matter. 2 V. SETTLEMENT 13. Defendants have offered Plaintiffs their insurance policy limits in the amount of $100,000.00 to resolve the pending litigation in this matter. A copy of Defendant's Declaration Page from Nationwide Insurance and Affidavit of No Other Insurance are attached hereto as Exhibit A. 14. At the time of the motor vehicle accident at issue in the present matter, Plaintiff, Sonya Young, was in the course and scope of her employment with Cardinal Logistics Management. As a result, Plaintiff, Sonya Young has received Workers' Compensation benefits as a result of the injuries she sustained in the instant motor vehicle accident. 15. Plaintiff's Employer, Cardinal Logistics Management, who is based in Maryland, through their Workers' Compensation insurance carrier, Protective Insurance Company, has asserted a subrogation lien on any recovery Plaintiffs receive from the third-party litigation. 16. As of July 17, 2008, the subrogation lien of Protective Insurance Company was in the amount of $187,244.69. A copy of the correspondence from Protective Insurance Company is attached hereto as Exhibit B. 17. Protective Insurance Company has asserted an entitlement to the entire amount being offered to Plaintiffs by Defendants, irrespective of any separate claim of Plaintiff, David Young, for loss of consortium. 18. Pursuant to Darr Construction Company v WCAB (Walker), 552 Pa. 400, 715 A.2d 1075 (1998), Protective Insurance Company has no subrogation interest as to the recovery of Plaintiff spouse David Young for loss of consortium, as Plaintiff spouse David Young does not fall within the statutory categories subject to subrogation in the he was not an employee, personal representative, or dependant, and any obligation satisfied by a third party loss of consortium recovery is not 3 equitable with obligations satisfied by Plaintiff, Sonya Young's Workers' Compensation benefits. 19. Plaintiff, David Young, is entitled to just compensation for his loss of consortium claim. A copy of a letter from Plaintiff, David Young, describing his loss is attached hereto as Exhibit C. 20. Under the circumstances of this matter, Plaintiffs aver that it would be appropriate to apportion the settlement in this matter with sixty-six and two-thirds percent (66 2/3 %) of the proceeds allocated to Plaintiff, Sonya Young and thirty-three and one-third percent (33 1/3 %) of the proceeds allocated to the loss of consortium claim of Plaintiff, David Young. WHEREFORE, Plaintiffs respectfully request that this Court issue an Order approving the apportionment of the settlement in this matter with sixty-six and two- thirds percent (66 2/3 %) of the proceeds allocated to Plaintiff, Sonya Young and thirty-three and one-third percent (33 1/3 %) of the proceeds allocated to the loss of consortium claim of Plaintiff, David Young and providing the each Plaintiff shall sign a separate Release for their allocated portion of the settlement. Respectfully Submitted, FREEBURN & HAMILTON By: Richard E. Freeburn, Esquire I.D. No. 30965 Christina L. Bradley, Esquire I.D. No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: Counsel for Plaintiffs 4 Exhibit "A" V V U J I cu r 0 0 P . ri NATIONWIDE AUTO POLICY DECLARATIONS Pape 01 d 00 thaw DedaMions we a paR of the policy narnocl above and Mwftd policy number below. That' sut1ppeer?o?de any DadardkIssued caller. Your policy waviclu ft oovehWaa and lln? shawa in tlw ach ? Nte' .QcV aeporaM uelawa of your ? Wilda for rrhbhYProl ty tey Da?mepe and a?odly Injury UdMy coverayaa are provided. PofkyhWw.. Policy Number: (Named lnaurad) 5S 37 B 104206 MARTIN 98 ham; j4 DALE, PA MAY 24, 2006 7090-s is Polley Period Froau JUN s , 7 .tnoft ?an?aw DEC le III W?w pPism «it? ?1 ?ThM pd o? Ie?l1 y a lv?i iR l? i the Ume the appllodbrt for Irouranoo Is oanpI -11 or 12:01 wm on the 60 day at the pd 'erlod, whbhevar is later. Each renal portod beans and ands at 1 a.rn. dUWW UM At ft addhea at the nanwd Inwwad seated heron. This odW anoele d 12:01 a.m. at the addrew of the named Mewed ataMd herein. tMM ANTME?.(8) HAVE WEN MADE TO YOUR POLICY: EFFECTIVE JUN 17, 2006 -CFUM> W ABBIDEMTIAL TERRITORY 19 I t l TFE Y9I 1 CLE LOCAT 1 ON W 1 CFI 18 D t FFERENT THAN TFE SEE ENCLOSED NOTICE FOR PFEMIUM DETAIL IN=uRIED V'ENICLE(Ij) 8 SCHEDULt OF COVMQES 1. 1ltls suiC cown!lY Corerapaa 1 I i Y rmci?"IUTN" U NIFAD MOTOR1 M-80D1LY INJURY UFOERINSUM MOTORl8T8-60DILY INJt1RY F PARTY BANl:FI F TTMI BB?EFIT -,14ERAL. F U L "RAGED AT - 216 CHESTWT ST V-100,A ID #1 1111164111140911144 Lkoft Of Llabalty t t SH I AMIANSTOM4V, PA 17011 100 Sk Month Premium 14.700 ?, 70 i tOS.ZO 6 9.70 6 44.40 :30 TOTAL 6 417.30 ME: K 1 "I 18:8, w- I C -%j r U 'J P• l u Pap 01 of 00 I NSURED OR I VERB : 0 PiP-rfv s o O#a NI h= 01 MART 1 N i OOBLE 10/12/1s MM9; I ED 030E993 APPLIED DISOOUM PASSIVE RESTRAINT SAFE DRIVER ACCIDENT FREE KXTI LINE Polloy Pane i Endorse Moft-. V037A Offlos Use: NOY SRI 2004 $ 0.00 laNd Dr. NATIONWIDE MUMI. lWiRW E COWANY 2374T Horne Omon • Cohmbus, ome CourftraWW Aft HARK 1SOIXI, PA. or. now I 0 GlW W M RAM. UWPORTANT PMME NUUMS Nrilloewedo "4104r CbU M NU06W.14006U14W For OUESTIQNS About Vow PoNoy, Coll Your NATIONMAOiZ AGM s WwMr C GROVE For HeM Im 71y7?•9i14 tr0 palree M 141004am444;t1 Ndficawfdo Aapional Oft*: 7174574M FRAME= A SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL, ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF NO OTHER INSURANCE I, Martin J. Coble, beipg duly sworn according to law, depose and say that the following facts which are within my personal knowledge are true, and as to facts based upon the information of others, we believe them to be true: 1. At the time of the accident of September 18, 2005, I was insured under a policy of automobile insurance issued by Nationwide Mutual Insurance Company bearing policy number 58 37 B 194206 (the "Policy"). 3. The Policy provided liability coverage to me for the accident of September 18, 2005. 4. The limit of liability insurance coverage under the Policy to pay for all damages arising from the accident of September 18, 2005, including the injuries, damages and losses of the Plaintiff(s), Sondra Young and David Young, is ONE HUNDRED THOUSAND DOLLARS ($100,000.00). 5. There is no liability insurance coverage available to pay for any injuries, damages, or losses allegedly suffered by Plaintiff(s), Son as Young and David Young, as a result of the accident of September 18, 2005 other than liability insurance coverage under the Policy. In particular, but without limitation: a. I was not an insured under any excess or umbrella policies at the time of the accident that would provide liability insurance coverage to pay for any of the injuries, damages, or losses allegedly suffered by the Plaintiff(s), Sonya Young and David Young, as a result of the accident of September 18, 2005. b. I was not an insured under any other insurance policies at the time of the accident that would provide liability coverage to pay for any of the injuries, damages, or losses allegedly suffered by Plaintiff(s), Sonya Young and David Youn , as a result of the accident of September 18, 2005. 6. I understand that the Plaintiff(s), Sonya Young and David Yowng, are relying upon this Affidavit as the basis for their decision to settle with us for the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), and that this Affidavit shall be consideration for and incorporated into any subsequent release and/or settlement agreement. Date:-- - (o-Up of (Signature) Martin . Coble On this, the day of _ Cy ?-e- , 2008, before me, a Notary Public, the undersigned officer, personally appeared 'Mt1 ?n 7S . C 6?? , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PU I My commission expires: COMMONWEALTH OF PENNSYLVANIA NOWW Seal T&wW J. Mfelym Nob" Pubk Hampden Twp.. C3xn vbW C J9Y MY Oomaesion E*Mes June 28,2(M I Member, Pennsylvania Association of Notaries AFFIDAVIT OF NO) OTHER INSURANCE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ('-ti Ph &i I4-nrL ss I, Paul Smith, being duly sworn according to law, depose and say that the following facts which are within my personal knowledge are true, and as to facts based upon the information of others, I believe them to be true: 1. On September 18, 2005, I was the operator of a 1995 Buick Century automobile, owned by Martin Coble, which was involved in an accident on SR 581 in Lower Allen Township, Cumberland County, Pennsylvania (the "Automobile"). 2. The only policy of automobile insurance cov:ring the Automobile at the time of the accident was a policy issued by Nationwide Insurance Company bearing Policy Number 5837BI94206 (the "Policy"). 3. The limit of bodily injury liability insurance coverage stated on the declarations page for the Policy to pay for the injuries, damages and losses of Plaintiffs, Sonya Young and David Young, as a result of the accident is ONE HUNDRED THOUSAND ($100,000.00) DOLLARS PER PERSON. 4. I was was not -Zthe owner of the following automobiles at the time of the Accident: Make. Model & Year : Insurance Carrier and policy No. 5. I have no liability insurance coverage available to pay for any injuries, damages, or losses allegedly suffered by Plaintiffs, Sonya Young and David Young as a result of the accident other than the liability insurance coverage under the Policy identified in paragraph 2. In particular, but without limitation: a. I was not an insured under any excess or umbrella policies that would provide liability insurance coverage; b. I was not an insured under any other automobile insurance policies at the time of the accident; C. I was not residing with anyone who had a separate automobile insurance policy that would cover me for this accident. 5. I understand that Plaintiffs, Sonya Young and David Young, are relying upon this Affidavit as the basis for their decision 'to settle with me for the sum of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS, and that this Affidavit shall be consideration for and incorporated into any subsequent release and/or settlement agreement. PAUL SMITH On this, the 1S?i'1 day of 2008, before me, a Notary Public, the undersigned officer, personally appeared P 1 Smith, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. btu /tom :;g6 My commission expires: NOTARY PUBLIC -ibtn gkby I ii, NaWy Puw tiWpien TwR,, WOWW a *K ngr 1 4** 21, 2011 "r, Exhibit "B" -'M Protective Insurance Company 1099 North Meridian Street, Suite 700 Indianapolis IN 46204 (317) 636-9800 July 17, 2008 Richard E. Freeburn Freeburn Hamilton 4415 North Front St. Harrisburg, PA 1711 0 RE: Claim No.: 97-71641 Insured: Cardinal Logistics Management Claimant: Sonya Young Date/Loss: 9/18/05 Dear Mr. Freebum: Pursuant to your request, please find an updated lien amount as well as an itemized payment history for this matter. As you will note, our current lien stands at $187,244.69 and the file remains current, so this is in no way a final amount. In addition, we would ask that you bring us up to date in regard to the status of the 3rd party claim for which you represent Ms. Young so that we may update our files. Exhibit "C" To Whom It May Concern: I am writing to describe for you the effect of my wife's workplace injury on her, and the subsequent impacts to myself. Prior to my wife's injury, she lived a happy and satisfactory life. She successfully held down a steady job, maintained general housework, and was content with the rife she and I shared. This all changed in September 2005 when a drunk driver struck the work vehicle my wife was operating while on duty. The resulting injuries my wife sustained have forever changed her life and the lifestyle that she and I previously enjoyed. The injuries sustained have been life altering, and have consisted of two crushed discs in her lower back that required surgical removal, two damaged neck vertebrae of which one was surgically removed, and a knee injury that has become arthritic. Beyond the pain and suffering from the surgery, the long term physical effects from these injuries have been frequent debilitating headaches, a 25 lb weight lifting restriction, and painful range of motion when bending or standing for any length of time. Due to these restrictions, my wife is no longer able to perform routine housework like washing the dishes, vacuuming, sweeping, making beds, laundry, and grocery shopping just to name a few. Her inability to do such routine and ordinary tasks has resulted in a very low quality of life and subsequent depression. There have also been other quality of life issues related to our personal relationship that have also been negatively impacted, as well. For me, the impact has been huge. The obvious impact has been that I now do virtually all of the housework. I now also do all of the cooking or 1 am forced to go out for carryout food to bring home since it is not easy for Sonya to go out to eat. Eating out so much more has certainly increased our monthly expenses. My free time has virtually been eliminated. During my five day work week, which averages 12 hours per day, my evenings are spent preparing or getting food, and then taking care of any necessary housework. Social outings are virtually nonexistent because my wife is physically uncomfortable since she typically needs to recline in a couch to get comfortable. We have not been on a single vacation, not even a weekend away, since my wife's injury. Finally, because of her pain, my wife and i have also had to relinquish all sexual relations since her accident in September 2005. Frankly, my quality of life is in shambles because of the pain and suffering my wife must constantly endure. I am required to do the work of two to keep the house functional, socially I am often alone because she is not able to participate in functions that we previously enjoyed together, and shared intimacy is a thing of the past. Words cannot adequately describe the hardships I have had to endure due to a drunk driver's negligence. It's not been fair to me or my wife and monetary compensation, though helpful, will never be able to restore the quality of life I previously enjoyed. Respectfully, David L. Young Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebu rn@pa-inju rylawyer. com SONYA YOUNG AND DAVID YOUNG, Plaintiffs V. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4051 Civil Term : CIVIL ACTION LAW PAUL SMITH and MARTIN COBLE, Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition to Allocate Settlement, has been duly served in the manner and on the date listed below, addressed as follows: U.S. First Class Mail Postage re aid at Harrisbur Penns lvania Donald R. Dorer, Esquire SNYDER & DORER 214 Senate Avenue, Ste. 503 Camp Hill PA 17011 Sherry Means PROTECTIVE INSURANCE CO. 1099 N. Meridian St. Indianapolis, IN 46204 John J. Handscomb, Esquire FRANKLIN & PROKOPIK The B&O Building Two North Charles Street, Suite 600 Baltimore, MD 21201-3723 FREEBURN & HAMILTON BY: 0 Donna L. Fravel, Litigation Paralegal for Richard E. Freeburn, Esquire Attorney I.D. #30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: -jl ? ?0 Attorney for Plaintiffs 0/ Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freeburn@pa-injurylawyer.com I'M , / 20106 Op ?Fl P}P TAP 2010 Mt,,R 18 lP11 1: 2 6 CUIV, r ; 7ytt ` y for Plaintiffs SONYA YOUNG AND DAVID YOUNG, Plaintiffs V. PAUL SMITH and MARTIN COBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4051 Civil Term CIVIL ACTION LAW RULE TO SHOW CAUSE / - AND NOW, this f -day of ??,?i/G?i , 2010, upon consideration of the foregoing petition, it is hereby ordered that 1. a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty days of service upon the respondent; 3. the petition shall be decided under Pa.R.C.P. 206.7; 4. depositions shall be completed witYv? days of this date; cob 5. argument shall be held on J/-a `? , 2010 in Courtroom # 5 of the Cumberland Coun y Courthouse; and 6. notice of the entry of this order shall be provided to all parties by the petitioner. Cc? ES' rn4 t L4cc J 3l ? S?ll? BY THE COURT: r 601748 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: James DeCinti, Esquire ATTORNEY I.D. NO. 77421 BY: Charles G. Brown, Esquire ATTORNEY I.D. NO. 37946 BY: Michael S. Faber, Esquire ATTORNEY I.D. NO. 85549 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)7314803 (Fax) SONYA YOUNG AND DAVID YOUNG, Plaintiff, V. PAUL SMITH AND MARTIN COBLE, Defendant. ATTORNEY FOR: INSURANCE COMPANY, Respondent IN T HE COURT OF COMMON PLEAS OF UMBERLAND COUNTY, c ,J PEN SYLVANIA y6s rn NO. 7-489;[- -; CIV ACTION - LAW ' co 1 U JUR Y TRIAL DEMANDED TO THE PROTHONOTARY: Please enter the appearance of the undersigned counsel for Respondent, PROTECTIVE INSURANCE COMPANY, in the above-captioned Respectfully submitted, Date: March 31, 2010 By: DICKIE, MCCA4MEY & CHILCOTE, P.C. Attorney for Resp ndent, Progressive Insurance James DeCinti, E quire ATTORNEY I.D NO. 77421 Charles G. Brow r , Esquire ATTORNEY I.D NO. 37946 Michael S. Faber, Esquire ATTORNEY I.D NO. 85549 1200 Camp Hill ypass, Suite 205 Camp Hill, PA 1 7011-3700 (717) 731-4800 2 TE AND NOW, March 31, 2010, I, James true and correct copy of the foregoing ENTRY OF Esquire, hereby certify that I did serve a CE upon all counsel of record by depositing, or causing to be deposited, same in theju.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Richard Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Plaintiff Counsel Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue Suite 503 Camp Hill, PA 17011 (Counsel for Defendants) Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. BY: James DeCinti, Esquire ATTORNEY I.D. NO. 77421 BY: Charles G. Brown, Esquire ATTORNEY I.D. NO. 37946 BY: Michael S. Faber, Esquire ATTORNEY I.D. NO. 85549 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)7314803 (Fax) SONYA YOUNG AND DAVID YOUNG, Plaintiff, V. PAUL SMITH AND MARTIN COBLE, Defendant. ATTORNEY FOR: RESPONDENT PROTECTIVE INSURANCE COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07 48-17- 0??i CIVIL ACTION - LAW : JURY TRIAL DEMANDED v, c7 ANSWER OF RESPONDENT, PROTECTIVE INSURANCE COMPANY, MPETI7IO1? {+ TO ALLOCATE SETTLEMENT -? c3 a, AND NOW, comes Respondent, PROTECTIVE INSURANCE COMPANY, by and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within ANSWER TO PETITION TO ALLOCATE SETTLEMENT and in support thereof avers as follows: 1. PARTIES 1. Admitted on information and belief. 2. Respondent is, after reasonable investigation, without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore same is denied. 3. Respondent is, after reasonable investigation, without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore same is denied. II. FACTS 4. Admitted on information and belief. 5. Admitted on information and belief. 6. Admitted on information and belief. 7. It is admitted only on information and belief that an accident between Plaintiff Sonya Young and Defendant, Paul Smith took place. 8. Respondent is, after reasonable investigation, without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore same is denied. III. INJURIES 9. Denied pursuant to Pa. R.C.P. 1029(e). Strict proof is demanded. 10. Denied pursuant to Pa. R.C.P. 1029(e). Strict proof is demanded. IV. PROCEDURAL HISTORY 10. [sic]. Admitted on information and belief. 11. Denied as stated. Plaintiffs Complaint, being in writing, speaks for itself and any attempt to characterize same is denied as stated. 11. [sic]. Admitted on information and belief. 12. Admitted on information and belief. 2 IV. SETTLEMENT 13. Admitted on information and belief. By way of further response, Respondent believes and therefore avers that the settlement referred to in this paragraph was contemplated to be a lump sum settlement with no allocation whatsoever as is now being sought. Strict proof that such a settlement contemplating allocation of 33 1/3% to the consortium claims is demanded. 14. It is admitted that at the time of the accident, Plaintiff Sonya Young as in the course and scope of her employment with Cardinal Logistics Management. By way of further response, the worker's compensation matter continues to be litigated pursuant to Maryland Worker's Compensation law, not Pennsylvania Worker's Compensation law, and therefore, Pennsylvania law does not apply to this matter. 15. Admitted. By way of further response, Respondent Protective Insurance Company, has an absolute right to subrogation on Plaintiff's third party recovery by virtue of Maryland Worker's Compensation law. 16. Admitted. By way of further response, since July 17, 2008, Plaintiff Sonya Young continues to receive benefits from this worker's compensation claim. 17. Admitted. Respondent believes and therefore avers that the settlement referred to in this paragraph was contemplated to be a lump sum settlement with no allocation whatsoever as is now being sought. Strict proof that such a settlement contemplating allocation of 33 1/3% to the consortium claims is demanded. 3 18. The allegation contained in this paragraph is an incorrect conclusion of law to which no response is required. By way of further response, this case is not governed by Pennsylvania Worker's Compensation law but rather by Maryland Worker's Compensation law and therefore reference to this Pennsylvania case law is irrelevant. By way of yet further answer, reference to the case cited by Plaintiff, is factually irrelevant, because in that case, unlike here, stipulations of fact were entered into before the respective worker's compensation judges. Moreover the parties stipulated to the total amount of the third party recovery, the amount of the consortium claim and the total compensation lien at the time of settlement. The parties also stipulated to attorneys fees, expenses, weekly compensation rates, and dates of return to work as applicable. See, Darr Construction Company v. WCAB (Walker), 552 Pa. 300, 715 A.2d 1075 (1998). In the case at bar, no such stipulations or agreements were entered into. Rather, Plaintiffs are arbitrarily, and after the fact, seeking to apportion a third party settlement as to consortium in order to avoid the statutorily mandated subrogation rights of Respondent. 19. The allegation contained in this paragraph is a conclusion of fact and of law to which no response is required. To the extent that a response is deemed required, this allegation is specifically denied. Strict proof is demanded at the time of trial. 20. The allegation contained in this paragraph is a conclusion of fact and of law to which no response is required. To the extent that a response is deemed required, this allegation is specifically denied. Strict proof is demanded at the time of trial 4 WHEREFORE, Respondent PROTECTIVE INSURANCE COMPANY respectfully request that this Honorable Court enter judgment in favor of Respondent Protective Insurance Company and against Plaintiffs and deny and dismiss Plaintiffs' Petition to Allocate Settlement with prejudice and including, together with all allowable costs and attorneys fees and all other remedies this Court deems just and proper. V. NEW MATTER 21. Plaintiffs have failed to state a cause of action for which relief can be granted. 22. This Honorable Court lacks subject matter jurisdiction over this matter as it involves issues of Maryland law, specifically the Maryland Worker's Compensation law. 23. To the extent that this court finds that Maryland Worker's Compensation law does not apply, Pennsylvania Worker's Compensation law precludes the relief sought by Plaintiffs' in their Petition. 24. The apportionment sought by Plaintiffs is arbitrary and unreasonable under the facts and circumstances of this case. 25. An injured employee cannot deprive her employer of its full subrogation rights by unilaterally designating a portion of the recover as loss of consortium. 26. Subrogation rights will not be affected by the way in which the claimant the third party tortfeasor characterize the nature of the third party recover. 27. At no time prior to the apparent settlement reached between Plaintiffs and Defendant did Plaintiffs seek to discuss a compromise of the subrogation lien they were obligated to pay pursuant to the worker's compensation law. 5 28. The apportionment of 33 1/3% to the husband's loss of consortium claim is inconsistent with general consortium verdicts in Cumberland County. 29. The apportionment of 33 1/3% to the husband's loss of consortium claim is excessive in Cumberland County. 30. Plaintiff Sonya Young continues to receive worker's compensation benefits in the Maryland worker's compensation claim, and the apportionment sought by Plaintiffs will continue to adversely affect Respondent's subrogation rights in this claim. 31. Plaintiff's claims may be barred by the doctrines of res judicata, waiver, estoppel. 32. Answering Defendants hereby incorporate all of the affirmative defenses provided for in Rule 1030(a) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Respondent PROTECTIVE INSURANCE COMPANY respectfully request that this Honorable Court enter judgment in favor of Respondent Protective Insurance Company and against Plaintiffs and deny and dismiss Plaintiffs' Petition to Allocate Settlement with prejudice and including , together with all allowable costs and attorneys fees and all other remedies this Court deems just and proper. 6 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 5, 2010 By: ti James DeCinti, Esquire ATTORNEY I.D. NO. 77421 Charles G. Brown, Esquire ATTORNEY I.D. NO. 37946 Michael S. Faber, Esquire ATTORNEY I.D. NO. 85549 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorneys for Respondent, PROTECTIVE INSURANCE COMPANY 7 602190.doc 4ERIFICATION I, April Stovall, and emplV'?ree of Respondent Protective Insurance Company, bereby verify that the facts set forth in the foregOng ANSWER AND NEW MATTER TO PLAINTIFFS' PETITION TO ALLOCATE SET'T'LE ENT are true and correct to the best of my knowledge, information and belief. To the extent that the answers are not based upon my personal knowledge, they are based on my information and..Iief. I do not make any representations with respect to legal assertions of. Respondent's attorn y and my verification, is limited to the factual averments. ?S I understand that false +cmcnts herein are made subject to the penalties of 18 P&C.S. §4904, relating to unswom falsief6tion to authorities. f, Received Time Apr, 5 l ,r 7:45A' n CERTIFICATE OF SERVICE AND NOW, April 5, 2010, I, James DeCinti, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ANSWER OF RESPONDENT, PROTECTIVE INSURANCE COMPANY, TO PETITION TO ALLOCATE SETTLEMENT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Richard Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (Plaintiff Counsel) Donald R. Dorer, Esquire SNYDER & DORER 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Jam'es'DeCinti, Esquire i 7 Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freeburn@pa-injurylawyer.com 201n APR 20 PN 1 ? 13 rz C't'??Ei v5`?L'vlP Attorney for Plaintiffs SONYA YOUNG AND DAVID YOUNG, Plaintiffs V. PAUL SMITH and MARTIN COBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4051 Civil Term CIVIL ACTION LAW PLAINTIFFS' MOTION FOR ENLARGEMENT OF TIME AND CONTINUANCE OF ARGUMENT AND NOW, come Plaintiffs, Sonya Young and her husband, David Young, by their attorneys, Freeburn & Hamilton, P.C., who file a Motion for Enlargement of Time as follows: 1. This personal injury action arises from a motor vehicle collision that occurred on September 18, 2005. 2. Plaintiffs filed a complaint on June 5, 2007, which includes claims on behalf of Sonya Young for her personal injuries and a separate claim on behalf of David Young for loss of consortium. 3. Defendants have offered to settle Plaintiffs' actions for its limit of liability coverage. 4. On March 16, 2010, Plaintiffs filed a Petition to apportion settlement between the personal injury claim of Plaintiff, Sonya Young, and the loss of consortium claim of Plaintiff, David Young. 5. On March 18, 2010, the Honorable Albert Masland issued a Rule to Show Cause providing that all depositions shall be completed within 45 days of the date of the Rule to Show Cause, or by May 2, 2010, and scheduling Argument for May 14, 2010. 5. On April 5, 2010, Protective Insurance Company filed an Answer to Plaintiff's Petition to Allocate Settlement. 6. In support of their Petition to Allocate Settlement, Plaintiffs intend to depose Plaintiff, David Young. 7. In opposition to Plaintiff's Petition to Allocate Settlement, Protective Insurance Company also desires to depose Plaintiff, Sonya Young. 8. Due to the schedules of counsel, the first available date to complete the depositions of Plaintiffs is May 12, 2010, which is after the deadline set by this Honorable Court. 9. There has been no previous enlargement of time, and this matter has not previously been continued. 10. All parties have been notified of this request, and no parties object to the request. 11. I hereby certify that if the enlargement of time and a continuance is granted I will serve a copy of the order granting the enlargement and the continuance on all parties forthwith and that I will notify all witnesses who would be appearing at my request. 12. I specifically request an enlargement of time to complete depositions by May 31, 2010, and a continuance of not less than thirty (30) days from the scheduled Argument. 2 WHEREFORE, Plaintiffs respectfully requests that this Honorable Court grant its Motion for Enlargement of Time and Continuance of Argument. Respectfully Submitted, 7BURN 86 HAMILTON By: Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Date: L4-20-10 Counsel for Plaintiffs 3 Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Attorney for Plaintiffs freebum@pa-injurylawyer.com SONYA YOUNG AND IN THE COURT OF COMMON PLEAS DAVID YOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-4051 Civil Term V. CIVIL ACTION LAW PAUL SMITH and MARTIN COBLE, Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been duly served on the following this day of April, 2010, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Donald R. Dorer, Esquire James DeCinti, Esquire SNYDER & DORER DICKIE McCAMEY 214 Senate Avenue, Ste. 503 1200 Camp Hill Bypass, Suite 205 Camp Hill PA 17011 Camp Hill, PA 17011 FREEBURN & HAMILTON , e / Y "/" '.. /" BY: - Z", J i Doherty, Assistant to Ric and E. Freeburn, Esquire Attorney I.D. #30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 4/20/10 Attorney for Plaintiffs Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebur apa-injurylawyer.com SONYA YOUNG AND DAVID YOUNG, Plaintiffs v. PAUL SMITH and MARTIN COBLE, Defendants ~r~ C~~ ,. ,,~ ~~ , ~r 2~~0 ~~~ ~! ~~ ~>t. Pm 4: db ~~..~~,~ ~i~torney fpr'P~ai~~is ~ ~,~'~ I. '~- ., . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4051 Civil Term CIVIL ACTION LAW PRAECIPE TO DISCONTINUE TO: Prothonotary Kindly mark the above-captioned matter settled and discontinued. Respectfully Submitted, FREEBURN 8b HAMII.TON By: Ric and E. Freeburn, Esquire I.D. No. 30965 Christina L. Bradley, Esquire I.D. No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: ~- ~u ~ ~ Counsel for Plaintiffs 07HB-00100 (07-441859) LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Sulte 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Paul Smith and Martin Coble SONYA YOUNG AND DAVID YOUNG, PLAINTIFFS VS. PAUL SMITH AND MARTIN COBLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-4051 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Discontinue to be served by regular first class mail upon: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Date: July 27, 2010 Donald R. Dorer, Esquire Attorney for Defendants