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HomeMy WebLinkAbout10-5201THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordjrQ,subrolaw-us Firm File No.01-10-114 Attorney for Plaintiff, State Foam Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, Vs. RITA ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 and, AUBREY F. ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 Defendants. C.A. No. 10 - Sap/ 0'-wit-?0'rta NOTICE TO DEFEND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are further warned that if you fail to do so the case may proceed without you and a judgment mary be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief reted 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le ban demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de plaza al partir de In fecha de la demanda y ]a notification. Hace faits asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma sus defenses o sus objections a las demandas en contra de su persona. Ses avisado que si usted no se defiende la cone tomara modidas ypuede continuer ila demands en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiera que usted cumpia con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedaces u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. i CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 *QA.00 P6 AI-N 4' Z63 P-0 ay 40 vQB THE LAW OFFICES OF STI?WART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordjr(&subrolaw.us Firm File No.01-10-114 Attorney for Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, VS. RITA ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 and, AUBREY F. ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 Defendants. C.A. No. COMPLAINT Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm") by and through its undersigned a orney, hereby alleges and states as follows: The Parties 1. Plaintiff State Farm is an Illinois mutual insurance company collectively owned by its policyholders with its principal place of business in Bloomington, Illinois. State Farm is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Rita Rose ("Rita Rose") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. 3. On information and belief, defendant Aubrey Rose ("Aubrey Rose") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. Factual Allegations Common To All Counts 4. On or about May 16, 2009, State Farm had in effect a valid contract of automobile insurance with Susan Wyler, providing benefits in accordance with the laws of the Commonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by Ms. Wyler. 5. On the aforesaid date, the motor vehicle insured by State Farm, hereafter referred to as the "insured vehicle", was involved in a collision with a motor vehicle owned by defendant Rita Rose and operated by defendant Aubrey Rose in his capacity as agent, servant, workman, or employee of defendant Rita Rose, hereafter referred to as the "defendant vehicle". 6. At the time of the collision, the vehicle insured by State Farm was traveling northbound in the left lane on I-81 located in Carlisle, Pennsylvania. The defendant vehicle was traveling northbound in the riot lane on I-81. The defendant carelessly left the travel portion of the right lane while attempting to change lanes, striking the insured vehicle causing damages. 2 7. The operator of the defendant vehicle was negligent and careless and the sole cause of this incident in that they: a. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; c. did not make proper observations or properly account for their own vehicle's lane position or the lane positioning of the insured vehicle in violation of 75 Pa.C.S. § 3714; d. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 Pa.C.S. § 3361; e. operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; f. in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; g. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3714; 75 Pa.C.S. § 3361; 75 Pa.C.S. § 3736. 3 8. Pursuant to the; aforesaid policy of insurance, State Farm became liable for damages that arose out of this accident. As a result of that liability, State Farm indemnified its policyholder and made payments to or on behalf of its policyholder. 9. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental in the amount of $4,368.29. 10. Pursuant to the principles of equity, the statutory and the common law, and the contract or insurance Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $4,368.29. WHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNTI (State Farm vs. defendant Aubrey Rose) 11. State Farm repeats and realleges paragraphs 1 through 10, as if set forth herein at length. 12. Defendant Aubrey Rose is liable as the negligent driver. WHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNT II (State Farm vs. defendant Rita Rose) 13. State Farm repoats and realleges paragraphs 1 through 12, as if set forth herein at length. 4 14. Defendant Rita Rose is liable under the doctrine of Respondeat Superior for the negligence of defendant Aubrey Rose. 15. Defendant Rita Rose was negligent in entrusting this motor vehicle to someone who defendant Rita Rose knew or should have known was a dangerous, inexperienced, or careless motor vehicle operato. WHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart Crawford, Ir. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile Insurance Company Dated: 5 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. A By: / Stewart Crawford, Jr. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile Insurance Company Dated: 6 FILED-OFFICE EfF THE PQOTNONOTApy LGII KAY 26 PM 12:37 CUMBERLAND COUNT "r PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants V. NO. 2010-5201 Civil Term .j EMILY A. ZAGNIT, ,Q Additional Defendant Z PRAMIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Please issue a Writ of Summons in the above captioned matter. Please forward to the Sheriff for service upon the Additional Defendant. DATE: BY: EAGER, STENGEL, QUINN & SOFILKA George H. Ea squire Attorney for endant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing WRIT TO JOIN ADDITIONAL DEFENDANT upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 EAGER, STENGEL, QUINN & SOFILKA -?? DATE: 1? BY: George H. Ea squire Attorney for endants I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Plaintiff, NO. 2010-5201 Civil Term V. RITA ROSE and AUBREY F. ROSE, Defendants V. EMILY A. ZAGNIT, Additional Defendant TO: Emily A. Zagnit, 1641 Mumma Road, Harrisburg, PA 17112 You are notified that Defendant Rita Rose has commenced an action against you. Date: S?a(? 111 David D. Buell, Prothonotary By: as"L-W 11!2 =00- Deputy Eager, Stengel, Quinn & Sofilka By: George H. Eager, Esquire, I.D. #27740 Attorney for Defendant MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company vs. Rita Rose and Aubrey Rose vs. Emily A. Zagnit Additional Defendant ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2010-5201 w? X r C fV CJ ENTRY OF APPEARANCE TO THE PROTHONOTARY N Kindly our appearance for the additional defendant in the above captioned matter. MAYERS, MENNIES & SHERR, LLP BY: _ RI ARD J. MENN S, SQUIRE Attorney for Additional Defendant Emily agnit BY: C- R AN . PALMER, ESQUIRE Attorney for Additional Defendant Emily Zagnit Dated: r MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company vs. Rita Rose and Aubrey Rose vs. Emily A. Zagnit Additional Defendant ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2010-5201 CERTIFICATE OF SERVICE I, Richard J. Mennies, hereby certify that I served a true and correct copy of the Entry of Appearance for Additional Defendant Emily Zagnit via first class, regular mail, postage prepaid upon the following: George Eager, Esquire Eager, Stengel, Quinn & Sof lka 1347 Fruitville Pike Lancaster, PA 1.7601. Dated: 6116111 Stewart Crawford, Esquire The Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street P.O. Box E Media, PA 19063 W HARD J. M I S, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor State Farm Mutual Automobile Insurance Co. vs. Rita Rose (et al.) Loll" 6f c1m4b,"14114 ( OFD F r? Y? G M h1 C'..3 rsa t!J Case Number 2010-5201 rn -= n- i SHERIFF'S RETURN OF SERVICE 05/31/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Emily A. Zagnit, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ to Join Additional Defendant according to law. 06/13/2011 09:38 AM - Dauphin County Return: And now June 13, 2011 at 0938 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: Emily A. Zagnit by making known unto Bruce Zagnit, Father of Defendant at 1541 Mumma Road, Harrisburg, Pennsylvania 17112 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 June 17, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;r. Goon?ySu1te Sh6ri f. I eieosott In,, (Ptfirg of the- *1territ William T. Tully Solicitor • Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin EMILY A ZAGNIT Sheriff s Return No. 2011-T-2372 OTHER COUNTY NO. 20105201 And now: JUNE 13, 2011 at 9:38:00 AM served the within WRIT TO JOIN ADDITIONAL DEFENDANTS upon EMILY A ZAGNIT by personally handing to BRUCE ZAGNIT 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS and making known to him/her the contents thereof at 1541 MUMMA ROAD HARRISBURG PA 17112 FATHER Sworn and subscribed to before me this 15TH day of June, 2011 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. VS So Answers, Sheriff of D By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 6/6/2011 MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company VS. Rita Rose and Aubrey Rose vs. Emily A. Zagnit Additional Defendant ATTORNEY FOR c-) a 11 ADDITIONAL DEFEND = ---; EMILY ZAGNIT zrrnn :0 rn -v ' r--- - z: cn? un, Co r-t -z - ?? -p r-, C) -r C MBERLAN TO - U D COU W COURT OF COMMON 1 EAR NO: 2010-5201 DEFENDANT EMILY ZAGNIT'S MOTION FOR COORDINATION IN CUMBERLAND COUNTY PURSUANT TO PA. R.C.P. 213.1 This matter arises out of a motor vehicle accident between that occurred on or about May 16, 2009 in Silver Spring Township, Cumberland County, Pennsylvania. 2. The subject accident involved three (3) vehicles: one operated by Plaintiff State Farm's insured, Susan Wyler; one owned by Defendant Rita Rose and operated by Aubrey Rose; and a third vehicle operated by Emily Zagnit and owned by Bruce Zagnit. 3. On or about August, 10, 2010, Plaintiff State Farm Insurance Mutual Automobile Insurance Company (State Farm) filed a Complaint in the instant matter in Cumberland County, Pennsylvania. See a true and correct copy of Plaintiff's Complaint in the Cumberland County Court of Common Pleas is attached hereto as Exhibit "A." 4. On or about October 19, 2010, Emily Zagnit and Bruce Zagnit commenced suit as Plaintiffs by filing a Writ of Summons in the Dauphin County Court of Common Pleas (docket No. 2010-CV-13850-CV) against Rita Rose and Aubrey Rose related to the same motor vehicle accident which is the subject of the instant matter. See a true and correct copy of the Dauphin County Court of Common Pleas Writ of Summons, attached hereto as Exhibit "B." 5. On October 27, 2010, Ms. Rita Rose was served with the Dauphin County Writ of Summons at 6129 Spring Knoll Drive, Harrisburg, PA 17111. See Sherriff s Return of Service dated October 27, 2010, attached hereto as Exhibit "C." 6. On or about May 26, 2011, Defendant Rita Rose filed a Writ to Join Emily Zagnit as a Defendant in the instant matter in Cumberland County, Pennsylvania. See Praecipe for Writ to Join Emily Zagnit as an Additional Defendant, attached hereto as Exhibit "D." 7. On or about June 20, 2011, undersigned counsel entered their appearance on behalf of Defendant Emily Zagnit in the instant matter in Cumberland County, Pennsylvania. 8. The Writ of Summons filed against Ms. Rita Rose in Dauphin County pertains to the same automobile accident of May 16, 2009 which is the subject of the instant litigation in Cumberland County, Pennsylvania. 9. Accordingly, Moving Defendants requests this Honorable Court to enter an Order granting their Motion for Coordination in Cumberland County pursuant to Pa. R.C.P. 213.1. 10. Pa. R.C.P. 213.1 provides in pertinent part: (a) In actions pending in different counties which involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which a complaint was first filed to order coordination of the actions. (b) The court in which the complaint was first filed may stay the proceedings in any action which is the subject of the motion. 11. Pa. R.C.P. 213.1(c) also prescribes: In determining whether to order coordination and which location is appropriate for the coordinated proceedings, the court shall consider, among other matters: (1) Whether the common question of fact or law is predominating and significant to the litigation; (2) The convenience of the parties, witnesses and counsel; (3) Whether coordination will result in unreasonable delay or expense to a party or otherwise prejudice a party in an action which would be subject to coordination; (4) The efficient utilization of judicial facilities and personnel and the just and efficient conduct of the actions; (5) The disadvantages of duplicative and inconsistent rulings, orders or judgments; (6) The likelihood of settlement of the actions without further litigation should coordination be denied. 12. Plaintiff State Farm's Complaint was initially filed in the Cumberland County Court of Common Pleas two (2) months prior to Moving Defendant filing suit in Dauphin County. 13. Both matters are identical negligence claims pertaining to the same motor vehicle accident that occurred on or about May 16, 2009 in Silver Spring Township, Cumberland County, Pennsylvania. 14. Both matters involve the same parties and common questions of law and fact. 15. Given that there are now two (2) separate causes of action in Cumberland County and Dauphin County, and the Cumberland County Court of Common Pleas was the first Court in which suit was filed; both actions should be coordinated in the Cumberland County Court of Common Pleas. WHEREFORE, Defendants respectfully request this Honorable Court to enter an Order granting their Motion for Coordination in the Cumberland County Court of Common Pleas pursuant to Pa. R.C.P. 213.1. MAYERS, MENNIES & SHERR, LLP BY: R ARD J. ME S, ESQUIRE Attorney for Additio al Defendant Em' Zagnit BY: a- Cam- --- RY . PALME , ESQUIRE Atto ey for Additional Defendant Emily Zagnit MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company vs. Rita Rose and Aubrey Rose vs. Emily A. Zagnit Additional Defendant ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2010-5201 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION FOR COORDINATION IN CUMBERLAND COUNTY PURSUANT TO PA. R.C.P. 213.1 1. INTRODUCTION Pursuant to Pa. R.C.P. 2131, Moving Defendant requests this Honorable Court to enter an Order granting their Motion for Coordination in Cumberland County, Pennsylvania regarding multiple suits filed which involve the same parties and common questions of law and fact as they are identical negligence claims pertaining to a motor vehicle accident that occurred on or about May 16, 2009 in Silver Spring Township, Cumberland County, Pennsylvania. II. FACTS This matter arises out of a motor vehicle accident between that occurred on or about May 16, 2009 in Silver Spring Township, Cumberland County, Pennsylvania. The subject accident involved three (3) vehicles: one operated by State Farm's insured, Susan Wyler; one owned by Defendant Rita Rose and operated by Aubrey Rose; and a third vehicle operated by Emily Zagnit and owned by Bruce Zagnit. On or about August, 10, 2010 Plaintiff State Farm Insurance Mutual Automobile Insurance Company (State Farm) filed a Complaint in the instant matter in Cumberland County, Pennsylvania. See a true and correct copy of Plaintiff's Complaint in the Cumberland County Court of Common Pleas is attached hereto as Exhibit "A." Subsequently, on or about October 19, 2010, Emily Zagnit and Bruce Zagnit commenced suit as Plaintiffs by filing a Writ of Summons in the Dauphin County Court of Common Pleas (docket No. 2010-CV-13850-CV) against Rita Rose and Aubrey Rose related to the same motor vehicle accident which is the subject of the instant matter. See a true and correct copy of the Dauphin County Court of Common Pleas Writ of Summons, attached hereto as Exhibit "B." On October 27, 2010, Ms. Rita Rose was served with the Dauphin County Writ of Summons at 6129 Spring Knoll Drive, Harrisburg, PA 17111. See Sherriff s Return of Service dated October 27, 2010, attached hereto as Exhibit "C." Then on May 26, 2011, Defendant Rita Rose filed a Writ to Join Emily Zagnit as a Defendant in the instant matter in Cumberland County, Pennsylvania. See Praecipe for Writ to Join Emily Zagnit as an Additional Defendant, attached hereto as Exhibit "D." On or about June 20, 2011, undersigned counsel entered their appearance on behalf of Defendant Emily Zagnit in the instant matter in Cumberland County, Pennsylvania. The Writ of Summons filed against Ms. Rita Rose in Dauphin County pertains to the same automobile accident of May 16, 2009 which is the subject of the instant litigation in Cumberland County, Pennsylvania. Accordingly, Moving Defendant requests this Honorable Court to enter an Order granting their Motion for Coordination in Cumberland County pursuant to Pa. R.C.P. 213.1. III. ARGUMENT A. THE DUPLICATIVE ACTIONS SHOULD BE COORDINATED IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. The duplicative actions should be coordinated in the Cumberland County Court of Common Pleas because it is the location where the initial Complaint related to the underlying motor vehicle accident was filed. The cases involve the same parties and common questions of law and fact. Furthermore, coordination of the actions would convenience the parties and ensure efficient disposition of the matter. Pennsylvania Rule of Civil Procedure 213.1 provides in pertinent part: (a) In actions pending in different counties which involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which a complaint was first filed to order coordination of the actions. (b) The court in which the complaint was first filed may stay the proceedings in any action which is the subject of the motion. (c) In determining whether to order coordination and which location is appropriate for the coordinated proceedings, the court shall consider, among other matters: (1) Whether the common question of fact or law is predominating and significant to the litigation; (2) The convenience of the parties, witnesses and counsel; (3) Whether coordination will result in unreasonable delay or expense to a party or otherwise prejudice a party in an action which would be subject to coordination; (4) The efficient utilization of judicial facilities and personnel and the just and efficient conduct of the actions; (5) The disadvantages of duplicative and inconsistent rulings, orders or judgments; (6) The likelihood of settlement of the actions without further litigation should coordination be denied. Plaintiff State Farm's Complaint was initially filed in the Cumberland County Court of Common Pleas two (2) months prior to Moving Defendant filing suit in Dauphin County. Both matters are identical negligence claims pertaining to the same motor vehicle accident that occurred on or about May 16, 2009 in Silver Spring Township, Cumberland County, Pennsylvania. Both matters involve the same parties and common questions of law and fact. Given that there are now two (2) separate causes of action in Cumberland County and Dauphin County, and the Cumberland County Court of Common Pleas was the first Court in which suit was filed; both actions should be coordinated in the Cumberland County Court of Common Pleas. Accordingly, Defendants respectfully request this Honorable Court to enter an Order granting their Motion for Coordination in Cumberland County pursuant to Pa. R.C.P. 213.1. IV. CONCLUSION Moving Defendants respectfully request this Honorable Court to enter an Order granting their Motion for Coordination in the Cumberland County Court of Common Pleas pursuant to Pa. R.C.P. 213.1. MAYERS, MENNIES & SHERR, LLP BY: 4LI! 7 /L" L RICHARD J. IES, ESQUIRE Attorney for Additional Defendant Emily Zagnit BY: RYAN . PALMER, ESQUIRE Attorney for Additional Defendant Emily Zagnit THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawford'r l w.us Firm File No.01-10-114 Attorney for Plaintiff, State Firm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, VS. RITA ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 and, AUBREY F. ROSE 6129 Spring Knoll Road 11001 *g, PA 17111 Defendants. c.A. No. 10- saol [?,ivilTerm : l NOTICE TO DEFEND You bava been sued is twit. If yon wish to defend spitd the claims Set funnh in dW Fogowing P%69,.Yoa amst WX adion witbk trtady (20) dayaalhrthle CooomW ead nofiee w issued, by a dming a Wdo m appea mce PasmaYy m by an awFmy mud filing in writing with the coma your defrssm ac objaosons to fm claims ant for& spinsi you. You are firtherwmm@d that if yqs fail to do soft case may proceed without you and aiWammit im be -stored arimt you by the court withow fltmm oatiae for my money cured in the Cotnpdvm or for any other ohim or mlhf s by do PW" Yoa may low money ar properly or oMtm n t pOSfmt 10 you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT CAKE, IF YOU DO NOT HAVE A LAWYEROR CANNOT AFFORD ONE. GO TO OR TEIEPHDNE THE OFFICE SET FORTH BELOW TO FIND OUT WUME YOU CAN GET LEGAL HELP. I Le han dm=2da0o a *dad m Is oorte. Si mud quiae dofeodetae de rids demandas tzcpumtm za In PRO- agaiaffi , v-d lien vainte (20) dim de plan a) pmor de In ftU dm In dmmada y la a04rtwc1nn. Harz fib aSmlar ma aompa mma. esaite o an pmena o con un abOgmb y am na s la cads an firm am ddmLsm o am objedioms a in dmmdm m canna do tan paeans. Sea avisado qua si adW no as dduade Is cane tomnrm momddm ypueda camdamw ila dmmads am canna soya sin pmvio aviso o naCgaaeion. Ademea. in mia pin& doaidir a favor del dammadme y rain eia qL6 rased evam* con todm his provisiom de am demands. Usred poode padw dim= o sm propiedem u cum deredtom hpartantes . pm useed. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENFSEQUIDA. SI USTED NO TMENE UN ABOGADO Y NO PUBAEPAGAR LOS SERVICIOS DE UN ABOGADO. DEBE COMONICARSE CON LA SIGUMM OFICINA PAPA AVERIOUAR DONDE PUEDE OBTEN£R AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-840-990-9108 717-249-3166 A& .40 P 0 ATP/ aL* 0-067 0.1q&g98 THE LAW OFFICES OF ST?WART C_ CRAWFORD & ASSOCIATES By: Stewart C. Crawford Jr., esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordjasubrolaW.us Firm File No-01-10-1 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, Vs. RITA ROSE 6129 Spring Knoll Road Ylarrisburg, PA 17111 and, AUBREY F. ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 Defendants. C.A. No. CO RLAWT Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm') by and through its undersigned a orney, hereby alleges and states as follows: i The Parties 1. Plaintiff State Farm is an Illinois mutual insurance company collectively owned by its policyholders with its principal place of business in Bloomington, Illinois. State Farm is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Rita Rose CRita Rose") is an adult Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. On information and belief, defendant Aubrey Rose ("Aubrey Rose") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. Factual ARegations Common To All Couats 4. On or about May 16, 2009, State Farm had in effect a valid contract of automobile insurance with Susan Wyler, providing benefits in accordance with the laws of the Conunonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by Ms. Wyler. 5. On the aforesaid date, the motor vehicle insured by State Farm, hereafter referred to as the "insured vehicle", was involved in a collision with a motor vehicle owned by defendant Rita Rose and operated by defendant Aubrey Rose in his capacity as agent, servant, workman, or employee of defendant Rita Rose, hereafter referred to as the "defendant vehicle". 6. At the time of the collision, the vehicle insured by State Farm was traveling northbound in the left lane on I-81 located in Carlisle, Pennsylvania. The defendant vehicle was traveling northbound in the right lane on I-81. The defendant carelessly left the travel portion of the right lane while attempting to change lanes, striking the insured vehicle causing damages. 2 7. The operator of the defendant vehicle was negligent and careless and the sole cause of this incident in that they: a_ was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditionis in violation of 75 Pa.C.S. § 3361; c. did not make proper observations or properly account for their own vehicle's lane position or the lane positioning of the insured vehicle in violation of 75 Pa.C.S. § 3714; d. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 Pa.C.S. § 3361; e. operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; f in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; g. was otherwise 6egligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3714; 75 Pa.C.S. § 3361; 75 Pa.C.S. § 3736. 3 8. Pursuant to they aforesaid policy of insurance, State Farm became liable for damages that arose out of this °accident. As a result of that liability, State Farm indemnified its policyholder and made payments to or on behalf of its policyholder. 9. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental in the amount of $4,368.29. contract or insurance Plaintiffis subrogated. for all money paid and seeks recovery of these sums totaling $4,368.29. `JHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the toss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNTI (State Farm vs. defendant Aubrey Rose) 11. State Farm rep Oats and realleges paragraphs 1 through 10, as if set forth herein at length. 12. Defendant Aubrey Rose is liable as the negligent driver. WHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the- loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNT U (State Farm vs. defendant Rita Rose) 13. State Farm repoats and realleges paragraphs 1 through 12, as if set forth herein at length. 4 14. Defendant Rita Rose is liable under the doctrine of Respondeat Superior for the negligence of defendant Aubrey Rose. 15. Defendant Rit4 Rose was negligent in entrusting this motor vehicle to someone who defendant Rita Rose k4ew or should have known was a dangerous, inexperienced, or careless motor vehicle operatoi. the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart Crawford, In (Bar Id. No. 202188) Attorney for PlabWff State Farm Mutual Automobile Insurance Company Dated; 5 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 1S Pa. C.S. Section 4904, relating to unworn falsification to authorities. A By: Attorney for Plaintiff State Farm Mutual Automobile Insurance Company Dated: NO, 6 Supreme Court of Pennsylvania Coul<-t of Colin nQji Pleas C"iva6v..er.- Sleet DAURFIIN!F' County A For Prothonotary Use Only: 1]ocket:No: Vl V The infortrlatian collected on this forn: is used sohily,for court administration purlioses. This farm does not supplement or replace die"frling and sen,tve of pleadings or other papers as regidrert cif luw or rules ofcourt. Commencement of Action: ? Complaint ?x Writ of Summons ? Petition ? Notice of Appeal ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: EMILY ZAGNIT AND BRUCE ZAGNIT AUBREY ROSE AND RITA ROSE ,,ff my ut t i orv- i„ c-ch 1 c-c 3"d i'V 4i : 171..... Name of Plaintiff/Appellant's Attorney: RYAN A. PALMER ESQUIRE Are money damages requested? : NYes ? No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits Is this a Class Action Suit? ? Yes ® No -Naiure of the Case: Place an "X- .'to. the left.of the.QNE case :category that most accurately describes your PRIMNARYCASE. Ifyou are making. more than one type of claim, check the orte that:., .you:consider most important:, . S E C T I O N B TORT (do not include Mass Tort) ? Intentional ? Malicious Prosecution © Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: Pa^R C.P. 205.5 CIVIL APPEALS Administrative Agencies ? Board of Assessmcnt ? Board of Elections ? Dept. of Transportation ? zoning Board ? Statutory Appeal: Other Judicial Appeals ? MDJ - Landlord/Tenant ? MDJ - Money Judgment ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: .211010 i4! 7 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania; in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NO. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 EMILY ZAGNIT and BRUCE ZAGNIT 1541 Mumma Road Harrisburg, PA 17112 VS. AUBREY ROSE 6129 Spring Knoll Drive Harrisburg, PA 17111 and ATTORNEYS FOR PLAINTIFF'S IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PA NO. IQ-CV/3? C CIVIL ACTION RITA ROSE = 6129 Spring Knoll Drive Harrisburg, PA 17111 NOTICE w er+ 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, 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 NOTICE CONCERNING MEDIATION OF ACTIONS PENDING BEFORE THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY The Judges of the Court of Common Pleas of Dauphin County believe that mediation of lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Dauphin County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. The Dauphin County Bar Association provides mediation services and can be reached at 717-232-7536. Free mediation sessions for pro Bono cases referred by MidPenn Legal Services are available through the DCBA. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrita sus defensas de, y objecciones a, las demandas presentadas aqui on contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra soya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 2 A'U'ISO REFERENCES A LA MEDIAC16N DE LAS ACCIONES PENDIENTES ANTES LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE DAUPHIN Los jueces de la torte de sdplicas comunes del condado de Dauphin creen que la mediacion de pleitos es un componente muy importante de la resolution del con#licto. Virtualrnente todos los pleitos pueden beneficiar de cierta manera de la mediacion. La code ha adoptado la regla local de condado de Dauphin 1001 para animar el use de la mediacion. Esta alarma temprana permite a litigantes determiner la mejor epoca durante la vida de su pleito Para una sesion de la mediacion. El intento de esta alarma temprana es actuar sobre la mediacion de la buena fe en el tiempo 6ptimo. La asociacion de la bars del condado de Dauphin proporciona servicios de la mediacion y se puede alcanzar.en 717-232-7536. La session libre de la mediacion para los favorables casos del bono se refinio por N idPenn que los servicios juridicos estan disponibles con el DCBA. 3 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA EMILY ZAGNIT and BRUCE ZAGNIT 1541 Mumma Road Harrisburg, PA 17112 No. ?Wzio e2 V ?m- -0 V Civil Action - ? Medical Professional Liability Action AUBREYROSE 6129 Spring Knoll Drive Harrisburg, PA 17111 : and RITA ROSE 6129 Spring Knoll Drive vs Harrisburg, PA 17111 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. W rit of Summons shall be issued and forwarded to ? Attorney ® Sh riff RICHARD J MEINNIES, ESQUIRE Signature of Attorney RYANA. PALMED ESQUIRE AMYERS, MEN11r1ES & SHERR, LLP 3031 WALTON ROAD, BLDG. A, SUITE 330 Supreme Court ID No. 439661202326 BLUEBELL, PA 19422 610-825-0300 Date: OCTOBER 11, 2010 Name/Address/Telephone No. of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS94A OMMENCED AN ACTION AGAINST YOU. I - s Prothobotary Date: OCT 19 n'0 by ? Check here if reverse is issued for additional information. Prothon. - 55 C:.7 William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Shoriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania EMILY & BRUCE ZAGNIT VS County of Dauphin AUBREY ROSE Sheriff's Return No. 2010-CV-13850-CV And now: OCTOBER 27, 2010 at 8:52:00 AM served the within WRIT OF SUMMONS upon RITA ROSE by personally handing to RITA ROSE 1 true attested copy of the original WRIT OF SUMMONS and malting known to him/her the contents thereof at 6129 SPRING KNOLL DR HBG PA 17111 So Answers, Sheriff of Dauphin County, Pa. Deputy: W CONWAY Plaintiff. EMILY & BRUCE ZAGNIT Sheriffs Costs: $78 10/25/2010 Out 0 f County Cost: OF THELPROTH0,4o Ar2Y I "OliMAY26 PM12:37 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants V. NO. 2010-5201 Civil Term ..1 EMILY A. ZAGNIT, Q Additional Defendant ? PRAee?AE ?bf` WRIT TO JOIN ADDITIONAL DEFENDANT mom Q TO THE PROTHONOTARY: Please issue a Writ of Summons in the above captioned matter. Please forward to the Sheriff for service upon the Additional Defendant. EAGER, STENGEL, GUINN 8. SOFILKA DATE: 5'11" A-V? BY: George H. Ea squire Attorney for ertdant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE that I have this day served a true and correct copy of the foregoing WRIT TO JOIN ADDITIONAL DEFENDANT upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 EAGER, STENGEL, QUINN & SOFILKA DATE: r'`\ BY. George H. Ea squire Attorney for endants I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE Plaintiff, NO. 2010-5201 Civil Term V. RITA ROSE and AUBREY F. ROSE, Defendants V. EMILY A. ZAGNIT, Additional Defendant TO: Emily A. Zaanit, 1641 Mumma Road, Harrisburg, PA 17112 You are notified that Defendant Rita Rose has commenced an action against you. Date: S1';?U Ili David D. Buell, Prothonotary By: 4AAA A 14) (1, -4 Deputy Eager, Stengel, Quinn & Sofilka By: George H, Eager, Esquire, I . D. #27740 Attorney for Defendant f MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company VS. Rita Rose and Aubrey Rose vs. Emily A. Zagnit Additional Defendant ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2010-5201 CERTIFICATE OF SERVICE I, Richard J. Mennies, hereby certify that I served a true and correct copy of Defendant Emily Zagnit's Motion for Coordination in Cumberland County via first class, regular mail, postage prepaid upon the following: George =sager, Esquire Stewart Crawford, Esquire Eager, Stengel, Quinn & Sof ilka The Law Offices of Stewart C. Crawford & Assoc. 1347 Fruitville Pike 223 North Monroe Street 1..ancaster, PA. 17641. P.O. Box E Media, PA 19063 IES, ESQUIRE T?d CHARD J. M 1111 Dated: State Farm Automobile Insurance Company vs. Rita Rose and Aubrey Rose vs. Emily A. Zagnit Additional Defendant ORDER NO: 2010-5201 i1 AND NOW, this 01 day of S4tt w? Ur 2011, upon CUMBERLAND COUNTY COURT OF COMMON PLEAS -,• r-rt r-?? Y.I rs. L _-j T _ D C-) consideration of Defendants' Motion for Coordination in Cumberland County and any Opposition thereto, it is hereby ORDERED and DECREED that Coordination in Cumberland County is hereby GRANTED and that the associated action in the Dauphin County Court of Common Pleas (No. 2010-CV-13850-CV) is hereby STAYED and TRANSFERRED to the Cumberland County Court of Common Pleas, with associated costs and fees, if any, to be apportioned evenly among all parties. It is hereby further ORDERED and DECREED that Bruce Zagnit is included as a party-Plaintiff in the coordinated matter in Cumberland County by virtue of his being a Plaintiff in the associated action in the Dauphin County Court of Common Pleas (No. 2010- CV-13850-CV). BY THE COURT: I ?K-? L4 f dlard J. menu e!a, & " 3tw Cmix)pnd, 8j ies (moo e E er, &j QI ql it MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company vs. ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS Rita Rose and Aubrey Rose NO: 2010-5201 VS. Emily A. Zagnit Additional Defendants PRAECIPE FOR RULE TO FILE JOINDER COMPLAINT ?a -4 C) p ro v c) ,c TO THE PROTHONOTARY: ;z A ..® S•? Kindly enter a rule on Defendant Rita Rose to file a Joinder Complaint wAin twenty (20) days or suffer judgment non pros. MAYERS, MENNIEESS & SHERR, LLP BY: ZA.477 ' 4 RYA-R/A. PALMER, ESQUIRE Attorney for Additional Defendant Emily Zagnit RULE AND NOW, this eday of_, 2011, a RULE is entered upon Defendant Rita Rose to file a Joinder Complaint within twenty (20) days or suffer judgment of non pros. Dated: H TARY MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company vs. Rita Rose and Aubrey Rose vs. Emily A. Zagnit Additional Defendant ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2010-5201 CERTIFICATE OF SERVICE I, Ryan Palmer, hereby certify that I served a true and correct copy of the Praecipe for Rule to File Joinder Complaint via first class, regular mail, postage prepaid upon the following: George Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA. 17601 Stewart Crawford, Esquire The Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street P.O. Box E Media, PA 19063 R PALME , ESQUIRE Dated: 6 A .• j w ??0$aOTA:i..i ORIGINAL BE LAND COUNTY fi1r'L??ffA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants NO. 2010-5201 Civil Term ANSWER WITH NEW MATTER AND 1031. NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, RITA ROSE, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: The Parties 1. Denied for lack of information. The Plaintiff is not personally known to Answering Defendant and, accordingly, this paragraph can neither be admitted or denied. 2. Admitted. 3. Denied. Defendant Aubrey Rose died on March 18, 2010 and a Notice of Death has been filed indicating same. Factual Allegations Common to All Counts 4-10. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. COUNTI (State Farm v. Aubrey Rose) 11. Paragraphs 1 through 10 of Defendant's Answer are incorporated herein by reference as though fully set forth. 12. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. COUNT II (State Farm v. Rita Rose) 13. Paragraphs 1 through 12 of Defendant's Answer are incorporated herein by reference as though fully set forth. 14-15. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. NEW MATTER 16. Paragraphs 1 through 15 inclusive above are incorporated herein by reference and made a part hereof. 17. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 18. Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. NEW MATTER PURSUANT TO PA.R.C.P. 1031.1 19. Answering Defendant hereby incorporates by reference paragraphs 1 through 18 of the foregoing Answer and New Matter as if same were set forth more fully at length. 20. If Plaintiff incurred any damages as a result of the motor vehicle accident set forth above, those damages were caused by the negligence of Emily A. Zagnit of 1541 Mumma Road, Harrisburg, Pennsylvania. 21. Emily A. Zagnit struck the rear of the vehicle being driven by Aubrey F. Rose and owned by Rita Rose, causing it to strike the vehicle of the State Farm Insured. 22. Answering Defendant denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Emily A. Zagnit, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant demands that this honorable court enter an Order stating that Answering Defendant is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co-Defendant Emily A. Zagnit and is not liable over to Co-Defendant Emily A. Zagnit by way of indemnity, contribution or otherwise and Answering Defendant asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. EAGER, STENGEL, QUINN & SOFILKA DATE: ! S II BY George ger, Esquire Attorne r Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, GEORGE H. EAGER, hereby verify that I am the attorney for the Defendant, RITA ROSEI, in the herein lawsuit, that I am authorized by the Defendant to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. GEORGE H. EAG ,ESQUIRE Dated: /0105-M CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 EAGER, STENGEL, QUINN & SOFILKA DATE: lU) Vs / I BY: George Kf-Ea sc Attorney for )Xftfie I.D. No. 27 0 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IV ORIGINAL I r'. 14D G JN i.. i1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, EMILY ZAGNIT and BRUCE ZAGNIT, Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants V. EMILY A. ZAGNIT, Additional Defendant NO. 2010-5201 Civil Term (Consolidated Action) DEFENDANT RITA ROSE'S COMPLAINT JOINING ADDITIONAL DEFENDANT EMILY A. ZAGNIT 1. The Defendant is Rita Rose, is an adult individual residing at 6129 Spring Knoll Road, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Additional Defendant Emily A. Zagnit, is an adult individual residing at 1641 Mumma Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. On or about May 26, 2009, at approximately 5:20 p.m., State Farm insured a vehicle belonging to Susan Wyler ("State Farm vehicle") which was traveling northbound in the left lane on 1-81 in Carlisle, Pennsylvania. 4. At the aforesaid date and time, Defendant Aubrey F. Rose was operating a vehicle owned by Defendant Rita Rose in the right hand lane on 1-81 in Carlisle, Pennsylvania directly beside the State Farm vehicle. 5. At the aforesaid date and time, Additional Defendant Emily A. Zagnit was operating a vehicle owned by Bruce L. Zagnit, directly behind the State Farm vehicle. 6. Defendant Aubrey F. Rose attempted to enter the left lane of travel between the State Farm vehicle and Additional Defendant Emily A. Zagnit. 7. Upon changing lanes, Defendant Aubrey F. Rose was struck in the rear by Additional Defendant Emily A. Zagnit's vehicle causing the Rose vehicle to collide with the rear of the State Farm vehicle in the left lane of travel. 8. The Plaintiff, State Farm Mutual Automobile Insurance Company, has commenced a lawsuit and has filed a Complaint against Defendant Aubrey F. Rose and Defendant Rita Rose for property damages purportedly suffered by reason of the accident. 9. A copy of the Plaintiff's Complaint is attached hereto and marked Exhibit A. 10. The Defendant Aubrey F. Rose has died and defense counsel has filed a Suggestion of Death with the Court indicating the date of death as March 18, 2010. 11. The Defendant, Rita Rose, has responded to the Plaintiff's Complaint and a copy of the Defendant Rita Rose's Answer with New Matter is attached hereto and marked Exhibit B. 12. The accident giving rise to Plaintiff State Farm Mutual Automobile Insurance Company's lawsuit was caused entirely and exclusively by the negligence of the Additional Defendant Emily A. Zagnit and not by any act or failure to act on the part of Defendant Rita Rose or Defendant Aubrey F. Rose, now deceased. 13. The negligence, recklessness and careless of the Additional Defendant Emily A. Zagnit consisted, inter alia, of the following: (a) Was careless, inattentive or distracted and otherwise operated her vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. §3714; (b) Did not operate her vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate her vehicle in a reasonable and prudently safe manner with respect to those conditions in violation of Pa.C.S.§3361; (c) Did not make proper observations or properly account for her vehicle's lane position or the lane positioning of the insured vehicle in violation of 75 Pa.C.S. §3714; (d) Did not operate her vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with her duty to exercise caution at an intersection in violation of 75 Pa.C.S. §3361; (e) Operated her vehicle in a reckless, willful or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. §3736; (f) In addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; (g) was otherwise negligent and/or violated local laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. §3714; 75 Pa.C.S. §3361; 75 Pa.C.S. §3736. COUNTI 14. The averments of the Paragraphs 1 through 13, inclusive of this Additional Defendant Complaint are incorporated herein by reference. 15. The accident giving rise to this suit by Plaintiff State Farm Mutual Automobile Insurance Company was caused entirely and exclusively by the negligence, carelessness and recklessness of Additional Defendant Emily A. Zagnit, as more fully set forth herein. 16. The damages and losses claimed by Plaintiff State Farm Mutual Automobile Insurance Company were exclusively and solely caused by the negligence, carelessness and recklessness of Additional Defendant Emily A. Zagnit. 17. The Additional Defendant Emily A. Zagnit, is liable to Plaintiff State Farm Mutual Automobile Insurance Company for the entire amount of the claim made by Plaintiff State Farm Mutual Automobile Insurance Company in this action. 18. In the event that it is determined that the Defendant Aubrey F. Rose, Defendant Rita Rose and the Additional Defendant Emily A. Zagnit are jointly and severally liable to Plaintiff State Farm Mutual Automobile Insurance Company, any liability on the part of the Defendant Aubrey F. Rose and Defendant Rita Rose being denied, then the Additional Defendant Emily A. Zagnit is liable over to the Defendant Aubrey F. Rose and Defendant Rita Rose, in the full amount and to the full extent of any liability of the Defendant Aubrey F. Rose and Defendant Rita Rose to Plaintiff State Farm Mutual Automobile Insurance Company. WHEREFORE, Defendant Aubrey F. Rose and Defendant Rita Rose demand that Additional Defendant Emily A. Zagnit be found solely and exclusively liable to Plaintiff State Farm Mutual Automobile Insurance Company, or jointly and severally liable to Plaintiff State Farm Mutual Automobile Insurance Company with Defendant Aubrey F. Rose and Defendant Rita Rose and liable over to Defendant Aubrey F. Rose and Defendant Rita Rose for contribution and indemnity for any amounts which the Defendant Aubrey F. Rose and Defendant Rita Rose may be adjudged to owe to Plaintiff State Farm Mutual Automobile Insurance Company. EAGER, STENGEL, QUINN & SOFILKA DATE: lV D S/1( BY: George H. Eager uire Attorney for ndasqnt I. D. No. 2 1347 Fr ille Pike Lancaster, PA 17601 (717) 290-7971 : s THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: FmwfordjQZ1hrolaw.us Firm File No.01-10-114 Attorney for Plaint ,State F? = Mutual Automobile Insurance Company IN THE COURT OF COMA40N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE ) INSURANCE COMPANY ) P.O. Box 2371 ) Bloomington, IL 61702 ) Plaintiff, ) VS. ) C.A. No. 10 - Sao 0.-1N!5Srfn RITA ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 and, AUBREY F. ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 Defendants. NOTICE TO DEFEND n o a CD defenderre Le ban dodo a raled as b carte. Si anted gaiese do on dmmds mWoedea a In pgbs nipiaates, wand ticac vaete (20) din de plan al padir de k feeka de la demsnda y It aouSacios Haoe ties asostar as oomparaooia . .. o m paacna o an m sbepdo y eaepr a 4 Corte an farms sus defmw ones objeeliooet a In do neWa s m contra do a psaeea Sea aviando quo si nrted me ac deRaads Is cmte toea>ra modides ypuede caodwar 0s demands ce coon aye sin previo sy m o w0ficacion. Ademas, la code psede dnciclr a firvor del demmdwas y requiem qua riled cmepia am tads In provisions de att demada. Ustod poede padnr diarao o m popiedwes u ob dem&w importmtes a4eq?8 You gave been mod in coat Yyoo wish b dead assi n t ft dahm YOU SHOULD TAKE THIS PAPER TO YOUR pan anted. LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYMOR CANNOT AFFORD ONE. 00 TO OR TELEPHONE THE OFFICE USTID DEBE LLENAR ESTA AVISO A UN SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET ADOCIADO ENESEQUIDA. SI USTED NO rIENB UN ABOGADO LEGAL HELP. + Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO. DEBE COMUNICARSE CON LA SIOUIENIE OFMA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. CUAW. @:RLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET AA '00 P o ATW CARLISLE PA 17013 a otal 1-800-990-9108 717-249-3166 so &A in tie hduwing papa, yar road take action widda twenty (20)days acs ti's Caeaplrat and oo6os ae#etved. by entsiog a wrbo wesmce paamdly or by a sttoraw and On in writing witk the coat your defaaaa or objections to tic eLmt set forth apin t yon. You arc lbr-1 waned dst if fail to do w ds cm may proceed without you and s jndgsmt bs entered wind you by tie court wits" fate , nutioo ibr aty artary clrimod is the Complaint or fa any otker claim or reliefrofacied by tie Plaintiff You may km money or I.Woty a odw rilla important to yat THE LAW OFFICES OF STE? C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, dxt. 23 Web: www.subrolaw.us E-Mail: scrawfbLdjr(@,subrolaW.us Firm File No.01-10-114 Attorney for Plaintiff, State Farm Mutual Automobile Iwwance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, vs. RITA ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 and, AUBREY F. ROSE 6129 Spring Knoll Road Harrisburg, PA 17111 Defendants. C.A. No. COMPLAIlf Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm'] by and through its undersigned rney, hereby alleges and states as follows: The PaMes 1. Plaintiff State Farm is an Illinois mutual insurance company collectively owned by its policyholders with its principal place of business in Bloomington, Illinois. State Farm is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Rita Rose ("Rita Rose") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. 3. On information and belief, defendant Aubrey Rose ("Aubrey Rose") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. Factual Allegations Common To All Counts 4. On or about May 16, 2009, State Farm had in effect a valid contract of automobile insurance with Susan Wyler, providing benefits in accordance with the laws of the Commonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by Ms. Wyler. 5. On the aforesaid date, the motor vehicle insured by State Farm, hereafter referred to as the "insured vehicle", was involved in a collision with a motor vehicle owned by defendant Rita Rose and operated by defendant Aubrey Rose in his capacity as agent, servant, worlanan, or employee of defendant Rita Rose, hereafter referred to as the "defendant vehicle". 6. At the time of jhe collision, the vehicle insured by State Farm was traveling northbound in the left lane on I-81 located in Carlisle, Pennsylvania. The defendant vehicle was traveling northbound in the +t lane on I-81. The defendant carelessly left the travel portion of the right lane while attempting to change lanes, striking the insured vehicle causing damages. 2 7. The operator of the defendant vehicle was negligent and careless and the sole cause of this incident in that dray: a. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the shfety of other persons or property in violation of 75 Pa.C.S. § 3714; b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditionis in violation of 75 Pa.C.S. § 3361; c. did not make proper observations or properly account for their own vehicle's lane position or the lane positioning of the insured vehicle in violation of 75 Pa.C.S. § 3714; d. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 P&C.S. § 3361; e. operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; f. in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; g. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3714; j 75 Pa.C.S. § 3361; 75 PaC.S. § 3736. 3 8. Pursuant to they aforesaid policy of insurance, State Farm became liable for damages that arose out of this taccident. As a result of that liability, State Farm indemnified its policyholder and made payments to or on behalf of its policyholder. 9. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental in the amount of $4,368.29. 10. Pursuant to the principles of equity, the statutory and the common law, and the contract or insurance Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $4,368.29. WHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the: loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNTI (Mate Farm vs. defendant Aubrey Rose) 11. State Farm rep-oats and realleges paragraphs 1 through 10, as if set forth herein at length. 12. Defendant Aubrey Rose is liable as the negligent driver. WHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the, loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNT II (State Farm vs. defendant Rita Rose) 13. State Farm repute and realleges paragraphs 1 through 12, as if set forth herein at length. 4 14. Defendant Rite. Rose is liable under the doctrine of Respondeat Superior for the negligence of defendant Aubrey Rose. 15. Defendant Rit4 Rose was negligent in entrusting this motor vehicle to someone who defendant Rita Rose Wew or should have known was a dangerous, inexperienced, or careless motor vehicle operatop . WHEREFORE, State Farm demands judgment for $4,368.29 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD 8t ASSOCIATES By: Stewart Crawford, Ir. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile ^ Insurance Company Dated: 5 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The *ndersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. By: Stewart Crawford, Jr. (Bar Id. No. 202188) Attorney for Plainti}'State Farm Mutual Automobile Insurance Company Dated: 6 6iT V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Plaintiff, NO. 2010-5201 Civil Term V. RITA ROSE and AUBREY F. ROSE, Defendants ANSWER WITH NEW MATTER AND 1031. NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, RITA ROSE, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: The Parties 1. Denied for lack of information. The Plaintiff is not personally known to Answering Defendant and, accordingly, this paragraph can neither be admitted or denied. 2. Admitted. 3. Denied. Defendant Aubrey Rose died on March 18, 2010 and a Notice of Death has been filed indicating same. Factual Allegations Common to All Counts 4-10. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. COUNT I (State Farm v. Aubrey Rose) 11. Paragraphs 1 through 10 of Defendant's Answer are incorporated herein by reference as though fully set forth. 12. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. COUNT II (State Farm v. Rita Rose) 13. Paragraphs 1 through 12 of Defendant's Answer are incorporated herein by reference as though fully set forth. 14-15. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. NEW MATTER 16. Paragraphs 1 through 15 inclusive above are incorporated herein by reference and made a part hereof. 17. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 18. Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. NEW MATTER PURSUANT TO PA.R.C.P. 1031.1 19. Answering Defendant hereby incorporates by reference paragraphs 1 through 18 of the foregoing Answer and New Matter as if same were set forth more fully at length. 20. If Plaintiff incurred any damages as a result of the motor vehicle accident set forth above, those damages were caused by the negligence of Emily A. Zagnit of 1541 Mumma Road, Harrisburg, Pennsylvania. 21. Emily A. Zagnit struck the rear of the vehicle being driven by Aubrey F. Rose and owned by Rita Rose, causing it to strike the vehicle of the State Farm Insured. 22. Answering Defendant denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Emily A. Zagnit, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant demands that this honorable court enter an Order stating that Answering Defendant is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co-Defendant Emily A. Zagnit and is not liable over to Co-Defendant Emily A. Zagnit by way of indemnity, contribution or otherwise and Answering Defendant asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. EAGER, STENGEL, QUINN & SOFILKA DATE: S BY: George ger, Esquire Attorn r Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, GEORGE H. EAGER, hereby verify that I am the attorney for the Defendant, RITA ROSEI, in the herein lawsuit, that I am authorized by the Defendant to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. o? GEORGE H. EAG ESQUIRE Dated: ? bl d S ? l l CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 DATE: lU) V BY: EAGER, STENGEL, QUINN & SOFILKA squire George W-Eaqpf Attorney for endant I.D. No. 2440 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, GEORGE H. EAGER, hereby verify that I am the attorney for the Defendant, RITA ROSEI, in the herein lawsuit, that I am authorized by the Defendant to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. GEORGE "PAER, ESQUIRE Dated: /_DT??I CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 EAGER, STENGEL, QUINN & SOFILKA DATE: / O k S BY: Georg ager, Esquire Atto for Defendant 1. 0.27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company VS. Rita Rose and Aubrey Rose VS. Emily A. Zagnit Additional Defendant ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS, NO: 2010-5201 ter- N ?a,... ,^ .. C-0 PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY Kindly attach the Verification provided to the Complaint filed on or about October 17, 2011 in the above captioned matter. MAYERS, MENNIES & SHERR, LLP BY: HARD J. ME ES, ESQUIRE Attorney for Add' Tonal Defendant Emily Zagnit Dated: /d /,)// /? VERIFICATION I, BRUCE ZAGNIT, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Dated: ko 2-1 lot ? DATE: MAYERS, MENNIES & SHERR, LLP BY: RICHARD J. MENNIES, ESQUIRE RYAN A. PALMER, ESQUIRE IDENTIFICATION NOS. 43966/202326 3031 WALTON ROAD, BUILDING A SUITE 330, P.O. BOX 1547 BLUE BELL, PA 19422-0440 (610) 825-0300 State Farm Automobile Insurance Company vs. Rita Rose and Aubrey Rose VS. Emily A. Zagnit Additional Defendant ATTORNEY FOR ADDITIONAL DEFENDANT EMILY ZAGNIT CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2010-5201 (Consolidated/Coordinated Action) CERTIFICATE OF SERVICE I, Richard J. Mennies, hereby certify that I served a true and correct copy of Additional Defendant Emily Zagnit's Praecipe to Attach Verification via first class, regular mail, postage prepaid upon the following: George Eager, Esquire Stewart Crawford, Esquire Eager, Stengel, Quinn & Sofilka The Law Offices of Stewart C. Crawford & Assoc. 1347 Fruitville Pike 223 North Monroe Street Lancaster, PA 17601 P.O. Box E Media, PA 19063 C CHARD J. NltN /4E<, ESQUIRE Z?- Dated: Id ? BrqAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, EMILY ZAGNIT and BRUCE ZAGNIT, Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants V. EMILY A. ZAGNIT, Additional Defendant r° 3 NO. 2010-5201 Civil Term z '? it' ' (Consolidated/Coordinated Actio? C:) r- :z -.? --d CD > ° C) C-, A N mfr C D DEFENDANTS' RITA ROSE AND AUBREY F. ROSES' ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM TO COMPLAINT OF BRUCE ZAGNIT 1-2. Admitted. 3. Denied. To the contrary, Defendant Aubrey Rose was an adult individual, but Aubrey F. Rose died on March 18, 2010. Defendant filed a Suggestion of Death with the Cumberland County Prothonotary on May 18, 2011 evidencing same. 4-5. Admitted. 6-7. Denied. It is admitted that the Defendant Rita Rose owned a 1997 Ford Crown Victoria which was being operated by Defendant Aubrey F. Rose. As to all of the remaining allegations, they are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). COUNTI BRUCE ZAGNIT v. AUBREY ROSE 8. Paragraphs 1 through 7 of Defendants Roses' Answer are incorporated herein by reference as though fully set forth. 9-11. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendants Rita Rose and Aubrey F. Rose demand that this honorable court enter an Order stating that Defendants Rita Rose and Aubrey F. Rose are not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Additional Defendant Emily Zagnit and are not liable over to Additional Defendant Emily Zagnit by way of indemnity, contribution or otherwise and Defendants Rita Rose and Aubrey F. Rose ask that judgment be entered in their favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT II BRUCE ZAGNIT v. RITA ROSE 12. Paragraphs 1 through 11 of Defendants Roses' Answer are incorporated herein by reference as though fully set forth. 13-14. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 15. Denied. To the contrary, the Defendant Rita Rose is not liable under the doctrine of Respondent Superior for the alleged negligence of the defendant Aubrey Rose. The Defendant Aubrey Rose was not an employee or agent of the Defendant Rita Rose and therefore, Rita Rose is not liable in any way for the actions of Aubrey Rose. 16-18. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendants Rita Rose and Aubrey F. Rose demand that this honorable court enter an Order stating that Defendants Rita Rose and Aubrey F. Rose are not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Additional Defendant Emily Zagnit and are not liable over to Additional Defendant Emily Zagnit by way of indemnity, contribution or otherwise and Defendants Rita Rose and Aubrey F. Rose ask that judgment be entered in their favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 19. Paragraphs 1 through 18 inclusive above are incorporated herein by reference and made a part hereof. 20. Plaintiff Bruce Zagnit's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 22. Plaintiff Bruce Zagnit's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and Q) payment. WHEREFORE, Defendants Rita Rose and Aubrey F. Rose demand that this honorable court enter an Order stating that Defendants Rita Rose and Aubrey F. Rose are not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Additional Defendant Emily Zagnit and are not liable over to Additional Defendant Emily Zagnit by way of indemnity, contribution or otherwise and Defendants Rita Rose and Aubrey F. Rose ask that judgment be entered in their favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER PURSUANT TO PA.R.C.P. 1031.1 23. Answering Defendants hereby incorporates by reference paragraphs 1 through 22 of the foregoing Answer and New Matter as if same were set forth more fully at length. 24. Answering Defendants deny any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Emily Zagnit, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendants Rita Rose and Aubrey F. Rose demand that this honorable court enter an Order stating that Answering Defendants Rita Rose and Aubrey F. Rose are not liable to Plaintiff, are not jointly and severally liable to Plaintiff with the Additional Defendant Emily Zagnit and are not liable over to Additional Defendant Emily Zagnit by way of indemnity, contribution or otherwise and Answering Defendants Rita Rose and Aubrey F. Rose ask that judgment be entered in their favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. EAGER, STENGEL, QUINN & SOFILKA DATE: BY: 2,-, George H. Ea squire Attorney for a ndants Rose I.D. No. 27 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, GEORGE H. EAGER, hereby verify that I am the attorney for the Defendants RITA ROSE AND AUBREY ROSE, in the herein lawsuit, that I am authorized by the Defendants to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. GEORGE W EAGER: ESQUIRE Dated: 11 I! G ) t/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the persons set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 Attorney for State Farm Automobile Insurance Company Richard J. Mennies, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road, Building A Suite 330, P.O. Box 1547 Blue Bell, PA 19422-0440 Attorney for Bruce Zagnit EAGER, STENGEL, QUINN & SOFILKA DATE: )1 ?? 4 1 I BY: George H. EVendants squire Attorney for Rose I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, EMILY ZAGNIT and BRUCE ZAGNIT, Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants V. EMILY A. ZAGNIT, Additional Defendant NO. 2010-5201 Civil Term (Consolidated Action) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: o rrv ca -n , zZ1 f C7G M "0 rT 3 ° ?? CDC Please substitute the Verification of Defendant Rita Rose for that of attorney George H. Eager and attach to Defendant's Answers with New Matter to the Complaint. EAGER, STENGEL, QUINN & SOFILKA DATE: 0;d 1-I? 12- BY: George H. Eag (Esquire Attorney for ondant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, RITA ROSE, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, 1 have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. r RITA ROSE Dated: v ,?? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 Attorney for Plaintiff Ryan Palmer, Esquire Richard J. Mennies, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 Attorneys for Additional Defendant DATE: O a II -7 )) a- BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, Attorney for Def n nt I.D. No. 2774 1347 Fruitvill ike Lancaster, PA 17601 (717) 290-7971 re 101 iif%'A mrIL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, EMILY ZAGNIT and BRUCE ZAGNIT, Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants V. EMILY A. ZAGNIT, Additional Defendant NO. 2010-5201 Civil Term (Consolidated Action) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: c C M Z? " M CD c7 c n r P- j C) , 0: -v ' C-) Xc) ("3 nC-, Please substitute the Verification of Defendant Rita Rose for that of attorney George H. Eager and attach to Defendant's Answer to New Matter Crossclaim of Additional Defendant Emily Zagnit. EAGER, STENGEL, QUINN & SOFILKA DATE: Oa-l I? ?) BY: George H. Ea , Esquire Attorney for fendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, RITA ROSE, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answer to New Matter Crossclaim of Additional Defendant Emily Zagnit are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer to New Matter Crossclaim of Additional Defendant Emily Zagnit are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. r RITA ROSE Dated: / 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 Attorney for Plaintiff Ryan Palmer, Esquire Richard J. Mennies, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 Attorneys for Additional Defendant EAGER, STENGEL, QUINN & SOFILKA DATE: o o 3l -Ia BY: 'G'am George H. Eager Isquire Attorney for De dant I.D. No. 2774 1347 Fruitvi Pike Lancaster, PA 17601 (717) 290-7971 0RF-% J& 1 ",1% L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, EMILY ZAGNIT and BRUCE ZAGNIT, Plaintiff, V. RITA ROSE and AUBREY F. ROSE, Defendants V. EMILY A. ZAGNIT, Additional Defendant NO. 2010-5201 Civil Term (Consolidated Action) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: C) N {' = rn rYf r^ ? ate, ?,•_. `)C n,C N --c rv Please substitute the Verification of Defendant Rita Rose for that of attorney George H. Eager and attach to Defendant's Complaint Joining Additional Defendant Emily A. Zagnit. EAGER, STENGEL, QUINN & SOFILKA DATE: 02A 11 l la- BY: George H. Eager, squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, RITA ROSE, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Complaint Joining Additional Defendant Emily A. Zagnit are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Complaint Joining Additional Defendant Emily A. Zagnit are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. ,A)-, ?' /a?& RITA ROSE Dated: f CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 Attorney for Plaintiff Ryan Palmer, Esquire Richard J. Mennies, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 Attorneys for Additional Defendant EAGER, STENGEL, QUINN & SOFILKA DATE: 0 a I I') I) a BY: Georgeji!Eager, Attorney for De day I.D. No. 277 1347 Fruitville Pi? Lancaster, PA 17601 (717) 290-7971 OF I ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, EMILY ZAGNIT and BRUCE ZAGNIT, Plaintiff NO. 2010-5201 Civil Term (Consolidated Action) c c V. Z,rn RITA ROSE and AUBREY F. ROSE, rn ? r '0 Defendants r s - D e:)-n v. an - EMILY A. ZAGNIT, --? ---- Additional Defendant PRAECIPE TO SUBSTITUTE VERIFICATION _ TO THE PROTHONOTARY: Please substitute the Verification of Defendant Rita Rose for that of attorney George H. Eager and attach to Defendant's Answer with New Matter and New Matter Crossclaim to the Complaint of Bruce Zagnit. EAGER, STENGEL, QUINN & SOFILKA DATE:0211 1 )1 BY: George H. Eager, E Attorney for Defen I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ,, ?,? , . VERIFICATION I, RITA ROSE, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter and New Matter Crossclaim to the Complaint of Bruce Zagnit are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter and New Matter Crossclaim to the Complaint of Bruce Zagnit are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. t RITA ROSE Dated: ! ?? G/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Stewart C. Crawford, Esquire Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 Attorney for Plaintiff Ryan Palmer, Esquire Richard J. Mennies, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 Attorneys for Additional Defendant EAGER, STENGEL, QUINN & SOFILKA DATE: Gall BY: squire George H. Eageendant Attorney for D I.D. No. 277 0 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE j INSURANCE COMPANY, ) Plaintiff, ) V. ) RITA ROSE and AUBREY ROSE, ) ) Defendants. ) V. ) EMILY A. ZAGNIT, ) Additional Defendant. ) CIVIL DIVISION No.: 2010-CV-5201-CV WITHDRAWAL OF APPEARANCE m's-?? E TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, in the above-captioned matter. w, sq ' e PA Supreme Court I.D. # 202188 223 North Monroe Street Media, PA 19063 Dated: 4??Z- TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, in the above-captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY J.,L9 Dated: Travis L. McElhaney, PA Supreme Court 1.1 Two Gateway Center, Pittsburgh, PA 15222 to 1450 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE was served upon the following party by first class mail, postage prepaid, this t day of April, 2012, to the following: George Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601 (Counsel for Defendant) Richard J. Mennies, Esquire Mayers, Mennies & Shen, LLP 3031 Walton Road, Building A Suite 330, P.O. Box 1547 Blue Bell, PA 19422-0440 (Counsel for Additional Defendant) Travis L. M Counsel for I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION Plaintiff, V. RITA ROSE and AUBREY ROSE, Defendant. V. EMILY A. ZAGNIT Additional Defendant. No.: 2010-5201 PLAINTIFF'S REPLY TO ` DEFENDANT'S NEW MATTED; == >` Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. #204023 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412)-281-4541 (412)-281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, CIVIL DIVISION V. RITA ROSE and AUBREY ROSE, Defendants V. No.: 2010-5201 -,r r EMILY A. ZAGNIT " t-r-? cry Additional Defendant. F'- G7 ¢ _3 tiCD ` PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company, by and through its counsel, Travis L. McElhaney, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Reply to New Matter: 16. Paragraph 16 is an incorporation paragraph to which no response is necessary. 17. The averments set forth in paragraph 17 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 18. The averments set forth in paragraph 18 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company, demands judgment in its favor and against the defendants, Rita Rose and Aubrey F. Rose, in the amount of $4,368.29, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRU & NEWBY LLP By: Travis L. McEll Counsel for Plai VERIFIED STATEMENT I, Travis L. McElhaney, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiff's Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Reply to New Matter are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Dated: 12 .r Travis L. McElhane , squire CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing REPLY TO NEW MATTER was served upon the following party by first class mail, postage prepaid, 4L-, this -C day of June, 2012, to the following: George H. Eager, Esquire Eager, Stengel, Quinn & Solfika 1347 Fruitville Pike Lancaster, PA 17601 (Counsel for Defendants) Richard J. Mennies, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road, Building A Suite 330, P.O. Box 1547 Blue Bell, PA 19422-0440 (Counsel for Additional Defendant) 111*' Ift Travis L. McElh ey squire Counsel for Plain ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE ' INSURANCE COMPANY, CIVIL DIVISION r n ti r== _ Plaintiff, V. No.: 2010-5201 RITA ROSE and AUBREY ROSE = CD . t ^ , . i3 . Defendant. V. EMILY A. ZAGNIT PLAINTIFF'S REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER Additional Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. #204023 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412)-281-4541 (412)-281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, CIVIL DIVISION V. RITA ROSE and AUBREY ROSE, Defendants. V. No.: 2010-5201 EMILY A. ZAGNIT Additional Defendant. PLAINTIFF'S REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company, by and through its counsel, Travis L. McElhaney, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Reply to Additional Defendant's New Matter: 19. The averments set forth in paragraph 19 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 20. The averments set forth in paragraph 20 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 21. The averments set forth in paragraph 21 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 22. The averments set forth in paragraph 22 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 23. The averments set forth in paragraph 23 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 24. The averments set forth in paragraph 24 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 25. The averments set forth in paragraph 25 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 26. The averments set forth in paragraph 26 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 27. The averments set forth in paragraph 27 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 28. The averments set forth in paragraph 28 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 29. The averments set forth in paragraph 29 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 30. The averments set forth in paragraph 30 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 31. The averments set forth in paragraph 31 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company, demands judgment in its favor and against the defendants, Rita Rose and Aubrey F. Rose, in the amount of $4,368.29, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON ST,AVLETON FIRES & NEWBY LLP By: Travis L. M Counsel for VERIFIED STATEMENT I, Travis L. McElhaney, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiff's Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Reply to New Matter are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsifications to authorities. Dated: 6 I IT Travis L. McElhan y squire CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing REPLY TO NEW MATTER was served upon the following party by first class mail, postage prepaid, Y? this C day of June, 2012, to the following: George H. Eager, Esquire Eager, Stengel, Quinn & Solfika 1347 Fruitville Pike Lancaster, PA 17601 (Counsel for Defendants) Richard J. Mennies, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road, Building A Suite 330, P.O. Box 1547 Blue Bell, PA 19422-0440 (Counsel for Additional Defendant) -- y L Trav s L. McElhaney, Es uire Counsel for Plain 'ff ~~r CERTIFICATE ~_ a~ I[? ., : J ~, ~ v ~ ~ ~ ~pREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN 'l'I IIj. IvLA'C"CER OF: STA"CE FARM MUTUAL 1NSiJRAN(:E CO vs. R["I'A ROSE ET AL., Court of Cotmnon Pleas -Cumberland Count~~. PA TERM:: / / CASE No: 10-201 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 400>.22. RecordTrak on behalf of RICHARD MENNIES ___ Defendant certifies that (I) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) No objection to the subpoena has been received or it has been waived, and (~) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~:...k,.... Date : 10/31/2012 RecordTrak on behalf of /S/ RICHARD MENNIES Attorney for Defendant RT#: 241285 RECORDS PERTAIN TO: RITA ROSE STATE FARM MUTUAL INSURANCE CO COURT: Court Of Common Pleas -Cumberland County, Pa vs, TERM: / / RITA ROSE ET AL., DOCKET: 10-5201 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMF,NTS TO: TRAVIS MCELHANEY WEBER. GALLAGHER, SYMPSON, STAPLETON, ET 2 GATEWAY CENTER 603 STANWIX ST SUITE 1450 PITTSBURGH, PA 15222 (412) 281-4547 October 11, 2012 Please take notice that on behalf of RICHARD MENIVIES, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until October 31, 2012 to file, of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX: SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY October 31, 2012 TO (610) 992-1405. All records will be provided (,including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTh'AK 651 Allendale Road P. O. Box 61591 King of Pnzssia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG (RECORD CUSTODIAN ~ MATERIALS BEING OBTAINED AMERICAN I1. ANY AND ALL RECORDS INCLUDING BUT NOT LIMITED 'TO CLAIMS '.PENDANT INSURANCE ILE AND AMERICAN INDEPENDENT DECLARATIONS PAGE Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: YES, I AGREE TO WAIVE THE 20 D.AY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of PlaintiflF's Counsel: Date: FIRM: EMAIL: RT#: 241285 RECORDS PERTAIN TO: RITA ROSE STATE FARM MUTUAL INSURANCE CO COURT: Court Of Common Pleas -Cumberland County, Pa vs. TERM: / / RITA ROSE ET AL., DOCKET: 10-5201 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: GEORGE H. EAGER EAGER, SPINELLO, QUINN & STENGEL 1347 FRUITV[LLE PIKE LANCASTEP:, PA 17601 (717) 290-7918 October 1 1.2012 Please take notice that on behalf of RICHARD MEN.~IES, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice:. You have until (Jctober 31, 2012 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COiJNSEL AGREES TO WANE THE 2U DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX: SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY October 31, 2012 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECOxnTlr~x 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG ~tECORD CUSTODIAN TERIALS BEING OBTAINED AMERICAN I I1~ ANY AND ALL RECORDS INCLUDING BUT NOT LIMITED TO CLAIMS .PENDANT INSURANCE FILE', AND AMERICAN INDEPENDENT DECLARATIONS PAGE Yes, I would like a copy of all of the records listed above. Yes, [would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, IAGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: _ ___ EMAIL: ~I'O' AMERICAN INDEPENDANT INSURANCE, CO. • P.O. BOX 3002 PLYMOUTH MEETING, PA 19462 COMMONWEALTH OF PENNSYLV CQUNTY UI= GUMBERLAND RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 'AN1A State Farm Mutual insurance Ca v Fil® No, 10-5201 Rita Rose et al., SUBPOENA TO PRt3DUCE DOCUMENTS OR THINGS FOR DNSCOVERY PURSUANT TO RULE 4t]09.22 at RecordTr~k, 651 Allendaig Rd. PO Box 61591. iiinp of Pru;sia. PA 1941#8. You may deliver or mail legible copies of the documents or produce things r+aquested by this subpoena, together with the certiflaabe of complla.nce, to the party making this request at the address lists d above. You may have the right to seek in advance the reasonable cost of preparing copies or producing t ~e things sought. if you fail bu produce the documents ar things required by this subpoena within twenty (20) days a its service, the party serving this subpaena may week a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE F~EQUEST OF THE FOLLOWING PERSt3N: Name; RecardTraic. Richard Mennies. E Address: 661 Alient4aie Rd, PC1 B1ax 81 S9 Kink. a# Pnassia. PA 184116 Tetephof~e: 8110-801-7820 Supreme Court ED# Attorney #ar: Defendant DATE: _ '~~~~~ ~~• Seal of the Court BY THE COURT: Prothonotary/Clerk, Givil Divisloftr Within twenty {2Q) days after service of fhls subpaena, you are ordered by the Court to produce thF following documents ar things: RE: STATE FARM M[JTUAL INSURANCE CO vs. RITA ROSE ET AL., CASE r~~0. 10-5201 RECORDTRAK FILE #: 241285; TAG 1 LOCATION: AMERICAN INDEPENDAI\iT INSURANCE CO. RECORDS PERTAIN TO: RITA ROS1=; SS #: --, DOB: / / 1. ANY AND ALL RECORDS INCLUDING BUT NOT LIIvIITED TO CLAIMS FII,E AND AMI?RICAN INDEPENDENT DECLARATIONS PAGE