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Home My WebLink About07-5148METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Tonya Davis and Ryan Davis TONYA DAVIS and RYAN DAVIS, Her Husband, Plaintiffs vs. LORI FINCHER, Defendant TO: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Us 7 "" s''~y~ ~t u ~ ~. l CIVIL ACTION -LAW ~~ JURY TRIAL DEMANDED 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 maybe 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 Plaintiffs. 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, 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 (717) 249-3166 or (800) 990-9108 380139-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomaz acci6n dentro de veinte (20) dias a partir de la fecha en que recibio la demands y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentaz en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mss aviso o notification por cualquier dinero reclamado en la demands o por cualquier dinero reclamado en la demands o po cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO IlVIlVIEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Baz Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 380239-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 TONYA DAVIS and RYAN DAVIS, Her Husband, Plaintiffs vs. LORI FINCHER, Defendant Attorneys for Plaintiffs Tonya Davis and Ryan Davis IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7- S14 ? ~ ~~t,~.-... CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Tonya Davis and Ryan Davis, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiffs Tonya Davis and Ryan Davis, husband and wife, are adult individuals who, at the time of the incident herein, resided at 704 Quaker Circle, Apartment 3, Lewisberry, York County, Pennsylvania. 2. Defendant Lori Fincher is an adult individual residing at 4345 Valley Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The facts and circumstances hereinafter set forth occurred on August 8, 2006, at or about 5:30 P.M. at the intersection of Trindle Road and Central Boulevard, Hampden Township, Cumberland County, Pennsylvania. 380139-/ 4. At the aforesaid time and place, Plaintiff Tonya Davis was the owner and operator of a 2002 Kia Spectra bearing Pennsylvania License Plate No. GDM8828. 5. At the aforesaid time and place, Defendant Lori Pincher was the Owner and operator of a 2002 Jeep/Willys/K bearing Pennsylvania License Plate No. ELX6997. 6. At the aforesaid time and place, the vehicle operated by Plaintiff Tonya Davis was traveling west on Trindle Road in the left lane approaching the intersection of Trindle Road and Central Boulevard, Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, the Defendant, Lori Fincher was traveling south on Central Boulevard and stopped at a properly posted stop sign at the intersection of Trindle Road and Central Boulevazd, Hampden Township, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, the Defendant, Lori Fincher, pulled out into the intersection directly into the path of the vehicle being operated by Plaintiff Tonya Davis who had the right-of--way and without allowing the Plaintiff sufficient time or distance to avoid a collision. COUNTI TONYA DAVIS V. LORI PINCHER 9. Pazagraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. 10. Defendant owed a duty to Plaintiff Tonya Davis and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 11. The aforesaid collision was the direct and proximate result of the negligence of the 380239-I Defendant Lori Fincher, in operating the 2002 Jeep in a careless, reckless and negligent manner as follows: a. Failing to stop her vehicle at a clearly mazked stop line before entering the intersection in violation of 75 Pa. C.S.A. §3323(b) and applicable law; b. Failing to stop her vehicle at the point nearest the intersecting roadway where she had a clear view of approaching traffic on that intersecting roadway before entering it in violation of 75 Pa. C.S.A. §3323(b) and applicable law; c. Failing to slowly pull forward from a stopped position to a point where she had a cleaz view of approaching traffic after stopping at a crosswalk or clearly mazked stop line in violation of 75 Pa. C.S.A. §3323(b) and applicable law; d. Failing to yield the right-of--way to another vehicle in the intersection in a manner contrary to a preferential right-of--way stop sign placed at the intersection or junction of roadways during the time that she was moving her vehicle across or within the intersection or junction of roadways in violation of 75 Pa. C.S.A. §3323(b) and applicable law; e. Otherwise failing to comply with her duties at stop signs in violation of 75 Pa. C.S.A. §3323 and applicable law; f. Failing to obey traffic control devices in violation of 75 Pa. C.S.A. §3111 and applicable law; g. Failing to yield the right-of--way when tunvng left in violation of 75 Pa. C.S.A. §3322 and applicable law; h. Not making a safe left turn; i. Failing to slow or stop the vehicle she was operating so as to avoid a collision; j. Failing to yield to Plaintiff s vehicle; k. Moving her vehicle when it was not safe to do so in violation of 75 Pa. C.S.A. §3333 and applicable law; 1. Turning her vehicle when it was not safe to do so in violation of 75 Pa. C.S.A. §3334 and applicable law; m. In operating the vehicle at an excessive rate of speed under the circumstances; 380139-1 n. In failing to yield the right-of--way to traffic akeady upon the roadway; o. In driving the vehicle she was operating into Trindle Road directly into the path of Plaintiff's vehicle; p. Operating her vehicle in cazeless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3714 and applicable law; q. Operating her vehicle in reckless disregazd for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3736 and applicable law; r. In failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid a collision with the Plaintiff's vehicle; s. In failing to give warning to Plaintiff Tonya Davis of her impending collision with Plaintiff's vehicle; t. In failing to observe Plaintiffs vehicle and other vehicles on the highway; u. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; v. In failing to exercise the high degree of care required of a motorist entering an intersection; w. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; x. In failing to familiarize herself with the roadways and her surroundings; y. In not paying attention to her surroundings; z. In failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; aa. Colliding into Plaintiff's vehicle; bb. Proceeding without cleazance from a stop sign. 380239-1 12. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff, Tonya Davis, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation ofpre-existing conditions, and which include, but aze not limited to, the following: (a) Right ankle pain; (b) Multiple areas of ecchymosis; (c) Right lower extremity over fibula mazkedly edematous (swelling); (d) Talaz dome fracture; (e) Distal tibia fracture; (f) Headache; (g) Cuboid fracture; (h) Posterior neck pain with stiffness; (i) Abrasions to bilateral forearms from deployment of air bag; (j) Lower back pain in azea of tailbone; (k) Pain in bilateral knees; (1) Talus neck fracture right nondisplaced; (m) Revasculazization of the talaz dome with minimal collapse; (n) Cold intolerance of right ankle; (o) Slight collapse of dome of talus on the lateral; (p) Bilateral shoulder pain; (q) Mild concussion; and (r) Stomach bruising. 380239-1 13. As a direct and proximate result of the aforesaid collision, negligence, cazelessness and recklessness of Defendant, Plaintiff, Tonya Davis, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities all to her great loss and detriment. 14. As a direct and proximate result of the aforesaid collision, negligence, cazelessness and recklessness of Defendant, Plaintiff, Tonya Davis, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages aze claimed. 15. As a direct and proximate result of the aforesaid collision, negligence, cazelessness and recklessness of Defendant, Plaintiff, Tonya Davis, has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages aze claimed. 16. As a direct and proximate result of the aforesaid collision and the negligence, cazelessness and recklessness of Defendant, Plaintiff Tonya Davis sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiffs have sustained property damage and incidental costs. 18. Plaintiffs Tonya Davis and Ryan Davis were the named insureds on a policy of insurance issued to them by USAA bearing policy number 018551099071037 which was in effect on the date of the above referenced collision. Plaintiffs selected the full tort option 380239-1 regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit "A". Therefore, Plaintiff Tonya Davis remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Tonya Davis demands judgment in her favor and against the Defendant Lori Fincher for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT II Plaintiff Ryan Davis v. Defendant Lori Fincher 19. Paragraphs 1 through 18 hereof are incorporated herein by reference as if fully set forth. 20. During all relevant times Plaintiffs Tonya Davis and Ryan Davis were husband and wife, and solely as a result of the collision, the aforesaid negligence, carelessness and recklessness of Defendant and as a result of the injuries to Plaintiff Tonya Davis, the Plaintiff Ryan Davis has been deprived of the assistance, companionship, consortium and society of his wife and has lost her services to him all to his great loss and detriment which may continue indefinitely. WHEREFORE, Plaintiff Ryan Davis demands judgment in his favor and against Defendant Lori Fincher for the aforesaid damages in an amount in excess of the limits of 380239-1 compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: _ 1 Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: 8~ao~ 0 7 380239-1 Ex~i~~-r PAGE 7 'UNITED SERVICES AUTOMOBILE ASSOCIATION ADDL INFO ~O ~W~XT OPF GE MAIL MCH-M-I (A RECIPROCAL INTERINSURANCE ERCHANGE) Snte v.n POLICY Nl1MBER V ' 9800 Fredericksburg Road -San Antonio, Texas 78288 Tert 01855 10 99U 7103 7 PENNSYLVANIA AUTO POLICY POLICY PERIOD: 812:01 A.M. standard time) RENEWAL DECLARATIONS EFFECTIVE JUL 30 2006 TO JAN 30 2007 T PREVI P L Y PERATORS Named Insured and Address O1 RYAN M DAVIS 02 TONYA M DAVIS RYAN M DAVIS 108 UMBERTO ST NEW CUMBERLAND PA 17070-2626 •s or n o c e s VEH US E+~ Neav scaeot YEN YEAR TRADE NAME MODEL BODY TYPE IDENTIFICATION NUMBER SYM NI AN PIC P X N D Y W OZ 02 KIA SPECTRA NONE 10000 KNAFB161825086767 14 W 10 5 The Vehiclels? described herein is princi ally gars ed et the above address unless otherwise stated. vuc•wcrM~soh..~• s•~..m...• F•F.rw•P~Pl..sur. VEH 01 LEWISBERRY PA 1339-974 VEH 02 LEWISBERRY PA .17339-9.174 rs po oy prov s os• oown maY be reduoed by pOlioy provisions a ges wen a pnmtum rs s own • ow. • Im is sown nd may not be oombitted re~~ardiess of the number of vehicles f r whioh a rsmfum is listed un less eoitioell s r zed •Is>ivlr err i this Iio . VEH VEH VEH VEH COVERAGES LIMITS OF LIABILITY O1 6-MONTH 02 6-MONTH ("ACV" MEANS ACTUAL CASN VALUE) D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM M UN $ OUN $ MOON $ MOON B BODILY INJURY EA PER $ 15,00 EA ACC 30,00 61.08 38.9 PROPERTY DAMAGE EA ACC 10,00 110.52 65.0 PART B -FIRST PARTY BENEFITS MEDICAL EXPENSE $ 5,000 27.01 24.08 PART C -UNINSURED MOTORISTS STACKED BODILY INJURY EA PER $ 15,00 EA ACC $ 30,00 4,2 4.2 PART C -UNDERINSURED MOTORISTS STACKED BODILY INJURY EA PER $ 15,00 EA ACC $ 30,00 6.40 6.40 PART D -PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS 100 36.52 1000 26.53 COLLISION LOSS ACV LESS 100 137.64 1000 117.0 TOWING AND LABOR 6.00 6.00 TOTAL PREMIUM -SEE FOLLOWING PAGE(S) LOSS PAYEE H 02 NISSAN MOTOR ACCEPTANCE CORP, MINNEAPOLIS MN ENDORSEMENTS: ADDED 07-30-06 - A100PA(02) REMAIN IN EFFECT (REFER TO PREVIOUS POLICY)- A089(04) A400CW(01) A142(01) 5100PA(01) INFORMATION FORMS (NOT PART OF POLICY)- 39PA(01) 60PA(02) 663PA(03) 999PA 17) r X In I e u s . X cribers at V X L IA I h ave ca use M th ese presents o e si nned b y their Attorney-in-Fact on this date J~JNE 2$~ 2006 5000 U -/G-~-' i Robert G. Davis Attorney-in-Fsct .. UNITED SERVICES AUTOMOBILE ASSOCIATION PAGE ~ ~s to RECIPROCAL INTERINSURANCE EXCHANGE) State v.h POLICY NUMBER USAA 9800 Fredericksburg Road -San Antonio, Texas 78288 r.n 01855 10 99U 7103 7 PENNSYLVANIA AUTO POLICY POLICY PERIOD: (12:01 A.M. ahndard time) RENEWAL DECLARATIONS EFFECTIVE JUL 30 2006 TO JAN 30 2007 T VI P Named Insured and Address RYAN M DAVIS 108 UMBERTO ST NEW CUMBERLAND PA 17070-2626 Osori tion Of a r ole s vEH US Ea waeK~scees~ YEH YEAR TRADE NAME MODEL Y T 0 Mil. "' a. . ~ 8 D YPE ILE IDENTIFICATION NUMBER SYM ~ ay N ~- The Vehicle s! described herein is principally garaged et the above address unless othsrWiae shted. xn-rr.rk~soM.r e•e.a"...• F•r.r~.•P•PU.wn is pp rcy prow es ose coverage were s premium is shown below. a imits shown m>wY be reduced by policy provisions snc~ msy not be combined regardless of dre number of vehicles for which s nmlum is Iis»d unless s scificall authorized OlsewhaH•e 1n this olio . COVERAGES LIMITS OF LIABILITY f"ACV" MEANS ACTUAL CASH VALUE} D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM DUN 6 MOON 6 MOON 6 MOON 4 6 MONTH PREMIUM $ 677.66 $ 154.20 INCLUDED IN PREMIUM FO VEH 01 AS RES T OF AC DENT( ). FULL TORT APPLIES THE FOLLOWING COVERAGE(S~ DEFINED THI POLI ARE NOT P VID FOR: VEH 01 -RENTAL REIMBURSEMENT VEH 02 -RENTAL REIMBURSEMENT THE LAWS OF THE COMMONWEALTH OF NNS VANIA ASE CTED Y T GENERAL ASSEMBLY, ONLY REQUIRE T T Y PURC E ABILI AN FIRST PARTY MEDICAL BENEFIT COVE GES. ANY DITI NAL C RA S OR COVERAGES IN EXCESS OF THE LI ITS QUIRE BY ARE ROVI ED ONLY AT YOUR REQUEST AS ENHANC TS BASI COVE GES. THE PREMIUM FOR THE BASIC COVERA IS: BI 15/30 $ 99.98 PD 5000 168.16 ~ FIRST PARTY MEDICAL BENEFIT 5000 51.09 N M M M 10 tits Y iC fl ere at IL I have eau x~ s :w nr~~~n4e 4n be S I O ed their Attorney-in-Fact on this date JUNE 28, 2006 6000 U g Y i ~-~ Robert G. Deis Attorney-in-Fact VERIFICATION I, Tonya Davis, hereby certify that the following is correct: The facts set forth in the foregoing Complaint aze based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint aze made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: ~ `''L ~ (3'~ , Tony avi 380239-I VERIFICATION I, Ryan Davis, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: ~ 1~'`"}v' an Davis. 380239-1 r~ -~. c. V° ca-, na co h) .C` Q -~ ~~ _~~ `--~ r:.~ _,_ -;~, C~~a ;,ern -G 0 r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, .PENNSYLVANIA TONYA DAVIS and CIVIL DIVISION RYAN DAVIS, Plaintiff, NO. 07 - 5148 v. PRAECIPE FOR APPEARANCE LORI PINCHER, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15726 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONYA DAVIS and CIVIL DIVISION RYAN DAVIS, her husband, Plaintiffs, NO. 07 - 5148 v. (Jury Trial Demanded) LORI PINCHER, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Lori Pincher, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ $KEEL, L.L.P._ By: 'FtaLch, Esqui for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6T" day of September, 2007. Clark DeVere Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, L.L ~. By: D. Rauch, Esquire ;el for Defendant :. ro .~ ~.. G <~'' -a N ,: . ' ... ~ t cr SHERIFF'S RETURN - REGULAR CASE NO: 2007-05148 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS TONYA ET AL VS FINCHER LORI DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FINCHER LORI DEFENDANT was served upon the at 1939:00 HOURS, on the 13th day of September, 2007 at 4345 VALLEY ROAD ENOLA, PA 17025 by handing to LORI FINCHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.48 Postage .58 Surcharge 10.00 .00 ~iJa~]o'I ~ 1.06 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/14/2007 METZGER WICKERSHAM By: ~ , Dep ty Sheri f of A.D. t ... METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Tonya Davis and Ryan Davis TONYA DAVIS and RYAN DAVIS, IN THE COURT OF COMMON PLEAS OF Her Husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 07-5148 CIVIL ACTION-LAW LORI FINCHER, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY= ®, ~ Clark DeVere, Esquire Atty. I.D. No. 68768 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: Octobers 2007 38SS98-] t CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this ~~ay of October, 2007, upon the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark De ere, Esquire 385598-1 (. ~'"a `.~..1 Z~ __ l~ "`{ ;'77 ~? ~ !" -f7'6 T ~ Y):. .. 't ~_' - ...;~E. J ~ 'i -~~ ~~ ~, ! ~~