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HomeMy WebLinkAbout09-0404IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I fem. TERM L. BAILEY and NO.: _ T`7 8ut h ` e SCOTT E. BAILEY, . Plaintiffs . V. CIVIL ACTION-LAW JEFFREY A. LYNCH, . Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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, 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION w °FF E ° TWO LIBERTY STREET os o:. Eeo.sz= CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL TERRI L. BAILEY and NO.: SCOTT E. BAILEY, . Plaintiffs V. CIVIL ACTION-LAW JEFFREY A. LYNCH, Defendant JURY TRIAL DEMANDED AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 Yore., P-1 vEVwxug 1-0.5 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pdginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar 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 mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. BAILEY and . SCOTT E. BAILEY, . Plaintiffs V. JEFFREY A. LYNCH, Defendant NO.: D9- yby CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Terri L. Bailey and Scott E. Bailey, wife and husband, are adult individuals residing at 137 Pine Tree Drive, Newville, Pennsylvania 17241. 2. The Defendant is an adult individual residing at 99 Fish Hatchery Road, Shippensburg, Pennsylvania 17257. 3. On January 23, 2008, Plaintiff, Scott E. Bailey, was the owner and operator of a 1986 Volkswagen Jetta bearing PA registration plate GWB9662. 4. On January 23, 2008, the Defendant was the owner and operator of a 1997 Kia Sephia bearing Pennsylvania registration plate GME4054 5. On January 23, 2008 at approximately 4:23 p.m., Plaintiff Scott E. Bailey was .11. .SioNa'?',"` operating his vehicle eastbound on S.R. 233 in West Pennsboro Township, with Plaintiff Terri Yurea, Pe??sxivwxu >a.?5 L. Bailey as a front seat passenger, approaching its intersection with S.R. 11, facing a steady green traffic control signal, and was intending to proceed straight through the intersection. 6. At that same time and place, the Defendant was operating his vehicle southbound on S.R. 11 when he failed to stop for a steady red traffic signal and proceeded into the intersection, striking Plaintiff's vehicle resulting in injuries and damages to the Plaintiffs. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 8. The negligence of the Defendant consisted of the following; a: Failing to properly operate and control his motor vehicle; b: Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c: Operating his vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa. C.S. §3714; d: Failing to stop at a steady red traffic control signal in violation of 75 Pa. C.S.§3112(a)(3)(i); e: Operating his vehicle too fast for the conditions then and there existing in violation of 75 Pa. C.S.§3361; and f: Failing to observe the presence of Plaintiff's vehicle when the Defendant knew, or should have known, of the presence of Plaintiff's vehicle. 9. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 1'?xx, PxvxsrLrnv?nsl?tos COUNTI TERRI L. BAILEY V. JEFFRY A. LYNCH 10. The allegations contained in paragraphs 1 through 9, inclusive, are incorporated herein as fully as though set forth at length. 11. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to right shoulder injury, left knee injury, head pain, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of her earnings and impairment of her earning capacity and the loss of income and impairment of earning capacity will, or may continue in the future. 14. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the UALF7 die 2A 10'TIIN'N, bne $?. Yoa¢. oPnrvHav-A 114- future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II SCOTT E. BAILEY V. JEFFREY A. LYNCH 15. The allegations contained in paragraphs 1 through 14, inclusive, are incorporated herein as fully as though set forth at length. 16. Solely as a result of the negligence of the Defendant, and the resulting injury to his spouse, the Plaintiff, Scott E. Bailey, has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT III SCOTT E. BAILEY V. JEFFREY A. LYNCH 17. The allegations contained in paragraphs 1 through 16, inclusive, are incorporated HD.aQe F.?w??ra.a ?. ®?. ?.. herein as fully as though set forth at length. 18. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to fractured left clavicle, rib injury, bilateral shoulder pain, and a severe shock to his nerves and nervous system. 19. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered and he will continue to incur medical expenses in the future. 20. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of his earnings and impairment of his earning capacity and the loss of income and impairment of earning capacity will, or may continue in the future. 21. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in his pursuit of daily activities, all to his great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT IV TERRI L. BAILEY V. JEFFREY A. LYNCH 22. The allegations contained in paragraphs 1 through 21, inclusive, are incorporated IDAT.M F. Ax"T11%-M, D', Q', herein as fully as though set forth at length. 23. Solely as a result of the negligence of the Defendant, and the resulting injury to her spouse, the Plaintiff, Terri L. Bailey, has been deprived of the assistance, companionship and consortium of her husband, all of which has been to her great loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney I.D. #29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 717) 846 -0606 Y.a., Pa?xexivwxu 1740.5 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true Yoae. oPa«evvvnvug ? axon and correct to the best of my knowledge, information and belief I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date:) Date: '/42(' hi q loa OD (7) n? ._n <<::a SC) u V3 tlo SHERIFF'S RETURN - REGULAR CASE NO: 2009-00404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAILEY TERRI L ET AL VS LYNCH JEFFREY A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T V7\T(''LJ 7L'771' T'v A the DEFENDANT , at 1555:00 HOURS, on the 30th day of January , 2009 at 301 S FAYETTE STREET SHIPPENSBURG, PA 17257 by handing to JEFFRRY LYNCH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 t: 18.00 ? .56 10.00 R. Thomas Kline .00 46.56 02/02/2009 DALE E ANSTINE By• t day Deputy Sheriff A. D. T ,ter i _TJ V? n1f, yw . "^w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. BAILEY and CIVIL DIVISION SCOTT E. BAILEY, Plaintiffs, NO. 09 - 404 V. PRAECIPE FOR APPEARANCE JEFFREY A. LYNCH, (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 #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. BAILEY and CIVIL DIVISION SCOTT E. BAILEY, Plaintiffs, NO. 09 - 404 V. JEFFREY A. LYNCH, Defendant. (Jury Trial Demanded) 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, Jeffrey A. Lynch, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: vin D. Fouch, Esquire unsel 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 18TH day of June, 2009. Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: vin D. auch, Es ire Counsel for Defendant L[ ` ' ;- T?c - , TAPv 7009 . U a 2 3 iaP ; I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. BAILEY and SCOTT E. BAILEY, Plaintiffs, CIVIL DIVISION NO. 09 - 404 v. JEFFREY A. LYNCH, Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. ANSWER AND NEW MATTER (Jury Trial Demanded) 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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. BAILEY and CIVIL DIVISION SCOTT E. BAILEY, Plaintiffs, NO. 09 - 404 v. (Jury Trial Demanded) JEFFREY A. LYNCH, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jeffrey A. Lynch, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter, and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied as stated. The Defendant is an adult individual residing at 14 North Washington Street, Shippensburg, PA 17257. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that Scott E. Bailey was operating his vehicle eastbound on SR 233 in West Pennsboro Township, with Terri L. Bailey as a front seat passenger, approaching its intersection with SR 11, at the date, time, and place of the subject accident. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that the Defendant was operating his vehicle southbound on SR 11 and proceeded into the intersection at the date, time, and place of the subject accident. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time, and place of the subject accident. The remainder of the allegations in paragraph 8 and its subparts are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 references a document which speaks for itself. COUNTI TERRI L. BAILEY v. JEFFREY A. LYNCH 10. In response to paragraph 10, the Defendant reiterates and repeats all his responses in paragraphs 1 through 9 as if fully set forth at length herein. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Jeffrey A. Lynch, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff, Terri L. Bailey, with costs and prejudice imposed. COUNT II SCOTT E. BAILEY v. JEFFREY A. LYNCH 15. In response to paragraph 15, the Defendant reiterates and repeats all his responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Jeffrey A. Lynch, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff, Scott E. Bailey, with costs and prejudice imposed. COUNT III SCOTT E. BAILEY v. JEFFREY A. LYNCH 17. In response to paragraph 17, the Defendant reiterates and repeats all his responses in paragraphs 1 through 16 as if fully set forth at length herein. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 21. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Jeffrey A. Lynch, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff, Scott E. Bailey, with costs and prejudice imposed. COUNT IV TERRI L. BAILEY v. JEFFREY A. LYNCH 22. In response to paragraph 22, the Defendant reiterates and repeats all his responses in paragraphs 1 through 21 as if fully set forth at length herein. 23. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Jeffrey A. Lynch, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff, Terri L. Bailey, with costs and prejudice imposed. NEW MATTER 24. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 25. Some and/or all of the Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 26. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 27. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, the Defendant, Jeffrey A. Lynch, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. By: ~~ Kevin D. auch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~S ~~0 Jeffre A. ynch #17136 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 14th day of September, 2009. Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. By: ~ Kevin . Ra ch, Esquire Counsel for Defendant 2~~9 SEr i 5 ~'~~ ?~ ~ li~i~~~~ fi, ;'t :'.,~.,V ~;~ WO-Ci~l"iC~ Oi= ~ ~~~ ~'°'U~T~-iONOTAR`~ 2~J~0 ~?~ i ° i P~~ 2~ :~~ ~;4~~~E3~CL~ND COUNTY FLI~~~~YLYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. BAILEY and CIVIL DIVISION SCOTT E. BAILEY, Plaintiffs, NO. 09 - 404 v. PRAECIPE TO SETTLE AND DISCONTINUE JEFFREY A. LYNCH, Defendant. (Jury Trial Demanded) Filed on Behalf of the Plaintiffs Counsel of Record for This Party: Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 #17136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. BAILEY and CIVIL DIVISION SCOTT E. BAILEY, Plaintiffs, NO. 09 - 404 v. (Jury Trial Demanded) JEFFREY A. LYNCH, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, LAW OFFICES OF DALE E. ANSTINE, P.C. By Leah B. Graff, Esquire Attorney for Plaintiffs Terri L. Bailey and Scott E. Bailey CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO SETTLE AND DISCONTINUE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of September, 2010. Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: ~ ~b~ ~ ~ ~. Kevin D. Rauch, Esquire Counsel for Defendant